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[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Proposed Rules]
[Pages 6483-6488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02310]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0953; FRL-9941-96-Region 6]

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Infrastructure or Requirements for the 2008 Ozone and 2010 
Nitrogen Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of State Implementation Plan (SIP) submissions from 
the State of Texas for Ozone (O3) and Nitrogen Dioxide 
(NO2) National Ambient Air Quality Standards (NAAQS). These 
submittals address how the existing SIP provides for implementation, 
maintenance, and enforcement of the 2008 O3 and 2010 
NO2 NAAQS (infrastructure SIPs or i-SIPs). These i-SIPs 
ensure that the State's SIP is adequate to meet the state's 
responsibilities under the Federal Clean Air Act (CAA).

DATES: Written comments must be received on or before March 9, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0953 at http://www.regulations.gov or via email to 
fuerst.sherry@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Sherry Fuerst, (214) 665-
6454, fuerst.sherry@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, telephone (214) 665-
6454, fuerst.sherry@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with her or Bill Deese at (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' means the EPA.

[[Page 6484]]

I. Background

    On March 12, 2008, we revised the primary and secondary 
O3 NAAQS (hereafter the 2008 O3 NAAQS) \1\ to 
0.075 parts per million (ppm), expressed to three decimal places, based 
on a 3-year average of the fourth-highest maximum 8-hour average 
concentration. (73 FR 16436, March 27, 2008).\2\ Primary NAAQS protect 
public health and secondary NAAQS protect the public welfare (CAA 
section 109).
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    \1\ The previous O3 NAAQS were issued in 1997. The 
1997 primary and secondary NAAQS were established as 0.08 ppm not to 
be exceeded as determined by the 3-year average of the annual 
fourth-highest daily maximum 8-hour concentrations (62 FR 38856, 
July 18, 1997).
    \2\ Although the effective date of the Federal Register notice 
for the final rule was May 27, 2008, the rule was signed by the 
Administrator and publicly disseminated on March 12, 2008. 
Therefore, the deadline for submittal of infrastructure SIPs for the 
2008 O3 NAAQS was March 12, 2011.
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    Likewise, on January 22, 2010, we revised the primary national 
ambient air quality standard (hereafter the 2010 NO2 NAAQS) 
\3\ for oxides of nitrogen as measured by nitrogen dioxide 
(NO2), for 1-hour standard at a level of 100 ppb, based on 
the 3-year average of the 98th percentile of the yearly distribution of 
1-hour daily maximum concentrations, to supplement the existing annual 
standard. We also established requirements for a NO2 
monitoring network that includes monitors at locations where maximum 
NO2 concentrations are expected to occur, including within 
50 meters of major roadways, as well as monitors sited to measure the 
area-wide NO2 concentrations that occur more broadly across 
communities. (75 FR 6474, February 9. 2010).\4\
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    \3\ The previous NO2 NAAQS was issued in 1996. It 
established a primary and secondary standards of for nitrogen 
dioxide (NO2) as 0.053 parts per million (ppm) (100 
micrograms per meter cubed (g/m\3\)) annual arithmetic average. (61 
FR 52852, October 8, 1996).
    \4\ Although the effective date of the Federal Register notice 
for the final rule was April 12, 2010, the rule was signed by the 
Administrator and publicly disseminated on January 22, 2010. 
Therefore, the deadline for submittal of infrastructure SIPs for the 
2008 NO2 NAAQS was January 22, 2013.
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    Each state must submit an i-SIP within three years after the 
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA 
includes a list of specific elements the i-SIP must meet. We issued 
guidance addressing the i-SIP elements for NAAQS.\5\ The Chairman of 
the Texas Commission on Environmental Quality (TCEQ) submitted i-SIP 
revisions to address these revised NAAQS.
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    \5\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013.
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    We are proposing to approve the Texas i-SIP submittals for the 2008 
Ozone and 2010 NO2 NAAQS.\6\ Copies of these SIP submissions 
are included in the docket for this proposed rulemaking.
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    \6\ Additional information on: The history of the O3 
and NO2 NAAQS, its levels, forms and, determination of 
compliance; EPA's approach for reviewing i-SIPs; the details of the 
SIP submittal and EPA's evaluation; the effect of recent court 
decisions on i-SIPs; the statute and regulatory citations in the 
Texas SIP specific to this review; the specific i-SIP applicable CAA 
and our regulatory citations; Federal Register Notice citations for 
Texas SIP approvals; Texas' minor New Source Review program and our 
approval activities; and, Texas' Prevention of Significant 
Deterioration (PSD) program can be found in the Technical Support 
Document (TSD).
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II. EPA's Evaluation of Texas' 2008 O3 and 2010 
NO2 NAAQS Infrastructure Submissions

    Below is a summary of our evaluation of the Texas i-SIP for the 
relevant elements of 110(a)(2) we are proposing to approve. Texas 
provided demonstrations of how the existing Texas SIP meets the 
requirements of the 2010 NO2 NAAQS on December 7, 2012, and 
for the 2008 O3 NAAQS on December 13, 2012. A detailed 
discussion of our evaluation can be found in the Technical Support 
Document (TSD) for this action. The TSD can be accessed through 
www.regulations.gov (e-docket EPA-R06-OAR-2012-0953).
    (A) Emission limits and other control measures: The SIP must 
include enforceable emission limits and other control measures, means 
or techniques, schedules for compliance and other related matters as 
needed to implement, maintain and enforce each of the NAAQS.\7\
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    \7\ The specific nonattainment area plan requirements of section 
110(a)(2)(I) are subject to the timing requirements of section 172, 
not the timing requirement of section 110(a)(1). Thus, section 
110(a)(2)(A) does not require that states submit regulations or 
emissions limits specifically for attaining the 2008 O3 
or NO2 NAAQS. Those SIP provisions are due as part of 
each state's attainment plan, and will be addressed separately from 
the requirements of section 110(a)(2)(A). In the context of an 
infrastructure SIP, we are not evaluating the existing SIP 
provisions for this purpose. Instead, EPA is only evaluating whether 
the state's SIP has basic structural provisions for the 
implementation of the NAAQS.
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    The Texas Clean Air Act (TCAA) provides the TCEQ, its Chairman, and 
its Executive Director with broad legal authority. They can adopt 
emission standards and compliance schedules applicable to regulated 
entities; emission standards and limitations and any other measures 
necessary for attainment and maintenance of national standards; and, 
enforce applicable laws, regulations, standards and compliance 
schedules, and seek injunctive relief. This authority has been employed 
in the past to adopt and submit multiple revisions to the Texas SIP. 
The approved SIP for Texas is documented at 40 CFR part 52.2270. TCEQ's 
air quality rules and standards are codified at Title 30, Part 1 of the 
Texas Administrative Code (TAC). Numerous parts of the regulations 
codified into 30 TAC necessary for implementing and enforcing the NAAQS 
have been adopted into the SIP.
    (B) Ambient air quality monitoring/data system: The SIP must 
provide for establishment and implementation of ambient air quality 
monitors, collection and analysis of ambient air quality data, and 
providing the data to EPA upon request.
    The TCAA provides the authority allowing the TCEQ to collect air 
monitoring data, quality-assure the results, and report the data. TCEQ 
maintains and operates a monitoring network to measure levels of Ozone 
and NO2, as well as other pollutants, in accordance with EPA 
regulations specifying siting and monitoring requirements. All 
monitoring data is measured using EPA approved methods and subject to 
the EPA quality assurance requirements. TCEQ submits all required data 
to us, following the EPA regulations. The Texas statewide monitoring 
network was approved into the SIP on May 31, 1972 (37 FR 10842, 10895), 
was revised on March 7, 1978 (43 FR 9275) and it undergoes recurrent 
annual review by us.\8\ In addition, TCEQ conducts a recurrent 
assessment of its monitoring network every five years, as required by 
EPA rules. The most recent of these 5-year monitoring network 
assessments was conducted by TCEQ and approved by us in December of 
2010.\9\ The TCEQ Web site provides the monitor locations and posts 
past and current concentrations of criteria pollutants measured in the 
State's network of monitors.\10\
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    \8\ A copy of the 2015 Annual Air Monitoring Network Plan and 
our approval letter are included in the docket for this proposed 
rulemaking.
    \9\ A copy of TCEQ's 2010 5-year ambient monitoring network 
assessment and our approval letter are included in the docket for 
this proposed rulemaking.
    \10\ See http://www.tceq.texas.gov/airquality/monops/sites/mon_sites.html and http://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=home.welcome.
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    (C) Program for enforcement of control measures: The SIP must 
include the following three elements: (1) A program providing for 
enforcement of emission limits and other control measures; (2) a 
program for the regulation of the modification and

[[Page 6485]]

construction of stationary sources as necessary to protect the 
applicable NAAQS (i.e., state-wide permitting of minor sources); and 
(3) a permit program to meet the major source permitting requirements 
of the CAA (for areas designated as attainment or unclassifiable for 
the NAAQS in question).
    (1) Enforcement of SIP Measures. As noted earlier, the State 
statutes provide authority for the TCEQ, its Chairman, and its 
Executive Director to enforce the requirements of the TCAA, and any 
regulations, permits, or final compliance orders. These statutes also 
provide the TCEQ, its Chairman, and its Executive Director with general 
enforcement powers. Among other things, they can file lawsuits to 
compel compliance with the statutes and regulations; commence civil 
actions; issue field citations; conduct investigations of regulated 
entities; collect criminal and civil penalties; develop and enforce 
rules and standards related to protection of air quality; issue 
compliance orders; pursue criminal prosecutions; investigate, enter 
into remediation agreements; and issue emergency cease and desist 
orders. The TCAA also provides additional enforcement authorities and 
funding mechanisms.
    (2) Minor New Source Review. The SIP is required to include 
measures to regulate construction and modification of stationary 
sources to protect the NAAQS. The Texas minor NSR permitting 
requirements are approved as part of the SIP.\11\
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    \11\ We are not proposing to approve or disapprove the existing 
Texas minor NSR program to the extent that it may be inconsistent 
with the regulations governing this program. We have maintained that 
the CAA does not require that new infrastructure SIP submissions 
correct any defects in existing EPA-approved provisions of minor NSR 
programs in order for us to approve the infrastructure SIP for 
element C (e.g., 76 FR 41076-41079). We believe that a number of 
states may have minor NSR provisions that are contrary to the 
existing regulations for this program. The statutory requirements of 
section 110(a)(2)(C) provide for considerable flexibility in 
designing minor NSR programs.
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    (3) Prevention of Significant Deterioration (PSD) permit program. 
The Texas PSD portion of the SIP covers all NSR regulated pollutants as 
well as the requirements for the 2008 O3 and 2010 
NO2 NAAQS and has been approved by EPA.
    (D) Interstate and international transport: The requirements for 
interstate transport of O3 and NO2 emissions are 
that the SIP contain adequate provisions prohibiting O3 and 
NO2 emission transport to other states which will (1) 
contribute significantly to nonattainment of the NAAQS, (2) interfere 
with maintenance of the NAAQS, (3) interfere with measures required to 
prevent significant deterioration or (4) interfere with measures to 
protect visibility (CAA 110(a)(2)(D)(i)). In addition, states must 
comply with requirements to prevent transport of international air 
pollution (CAA section 110(a)(2)(D)(ii)).
    The Texas i-SIP submittal discussed the requirements of the CAA 
section 110(a)(2)(D). We plan to evaluate and take action on the 
portion of the i-SIP pertaining to emissions which will contribute 
significantly to nonattainment or interfere with maintenance of the 
O3 NAAQS at a later time (110(a)(2)(D)(i)(I)). With regard 
to emissions which will contribute significantly to nonattainment or 
interfere with maintenance of the NO2 NAAQS, TCEQ included 
an interstate transport technical analysis in its submittal. In 
summary, the analysis found that there are some days where air is 
transported from Texas to areas in neighboring states that have 
monitors. However, the reactivity of NO2, coupled with the 
distance from major Texas areas of NO2 emissions make it 
highly unlikely that Texas NO2 emissions significantly 
impact other states. States surrounding Texas are measuring attainment 
of the NO2 NAAQS; therefore, Texas NO2 sources 
are not contributing to an exceedance or interfering with maintenance 
of the NAAQS in neighboring states. We agree with the technical 
analysis regarding emissions which will contribute significantly to 
nonattainment or interfere with maintenance of the NO2 
NAAQS.
    Because Texas has a fully approved Prevention of Significant 
Deterioration (PSD) SIP addressing all regulated new source review 
pollutants, we propose to approve the transport portion of both 
submittals. Revisions to the PSD SIP were approved on October 22, 2014 
(79 FR 66626, November 10, 2014).
    We proposed to disapprove the portion of the SIPs addressing 
visibility protection for both O3 and NO2 in an 
earlier action (80 FR 74818, December 16, 2014). We will take action on 
the CAA section 110(a)(2)(D)(i)(II) portion of the Texas O3 
and NO2 i-SIP in future rulemaking.
    CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate 
provisions insuring compliance with the applicable requirements of 
section 126 (relating to interstate pollution abatement) and 115 
(relating to international pollution abatement). Texas meets the 
section 126 requirements as it has a fully approved PSD SIP and no 
source or sources have been identified by us as having any interstate 
impacts under section 126 in any pending action related to any air 
pollutant. Texas meets the section 115 requirements as there are no 
final findings by us that Texas air emissions affect other countries. 
Therefore, we propose to approve the portion of the Texas O3 
and NO2 i-SIP submittals pertaining to CAA section 
110(a)(2)(D)(ii).
    (E) Adequate authority, resources, implementation, and oversight: 
The SIP must provide for the following: (1) Necessary assurances that 
the state (and other entities within the state responsible for 
implementing the SIP) will have adequate personnel, funding, and 
authority under state or local law to implement the SIP, and that there 
are no legal impediments to such implementation; (2) requirements 
relating to state boards; and (3) necessary assurances that the state 
has responsibility for ensuring adequate implementation of any plan 
provision for which it relies on local governments or other entities to 
carry out that portion of the plan. Both elements (A) and (E) address 
the requirement that there is adequate authority to implement and 
enforce the SIP and that there are no legal impediments.
    These i-SIP submissions for the 2008 O3 NAAQS and 2010 
NO2 NAAQS describe the SIP regulations governing the various 
functions of personnel within the TCEQ, including the administrative, 
technical support, planning, enforcement, and permitting functions of 
the program.
    With respect to funding, the TCAA requires TCEQ to establish an 
emissions fee schedule for sources in order to fund the reasonable 
costs of administering various air pollution control programs and 
authorizes TCEQ to collect additional fees necessary to cover 
reasonable costs associated with processing of air permit applications. 
We conduct periodic program reviews to ensure that the state has 
adequate resources and funding to, among other things, implement and 
enforce the SIP.
    As required by the CAA, the Texas statutes and the SIP stipulate 
that any board or body, which approves permits or enforcement orders, 
must have at least a majority of members who represent the public 
interest and do not derive any ``significant portion'' of their income 
from persons subject to permits and enforcement orders or who appear 
before the board on issues related to the CAA or the TCAA. The members 
of the board or body, or the head of an agency with similar powers, are 
required to adequately disclose any potential conflicts of interest.
    With respect to assurances that the State has responsibility to 
implement

[[Page 6486]]

the SIP adequately when it authorizes local or other agencies to carry 
out portions of the plan, the Texas statutes and the SIP designate the 
TCEQ as the primary air pollution control agency.
    (F) Stationary source monitoring system: The SIP must provide for 
the establishment of a system to monitor emissions from stationary 
sources and to submit periodic emission reports. It must require the 
installation, maintenance, and replacement of equipment, and the 
implementation of other necessary steps, by owners or operators of 
stationary sources, to monitor emissions from such sources. The SIP 
shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and require 
that the state correlate the source reports with emission limitations 
or standards established under the CAA. These reports must be made 
available for public inspection at reasonable times.
    The TCAA authorizes the TCEQ to require persons engaged in 
operations which result in air pollution to monitor or test emissions 
and to file reports containing information relating to the nature and 
amount of emissions. There are also SIP-approved state regulations 
pertaining to sampling and testing and requirements for reporting of 
emissions inventories In addition, SIP-approved rules establish general 
requirements for maintaining records and reporting emissions.
    The TCEQ uses this information, in addition to information obtained 
from other sources, to track progress towards maintaining the NAAQS, 
developing control and maintenance strategies, identifying sources and 
general emission levels, and determining compliance with SIP-approved 
regulations and additional EPA requirements. The SIP requires this 
information be made available to the public. Provisions concerning the 
handling of confidential data and proprietary business information are 
included in the SIP-approved regulations. These rules specifically 
exclude from confidential treatment any records concerning the nature 
and amount of emissions reported by sources.
    (G) Emergency authority: The SIP must provide for authority to 
address activities causing imminent and substantial endangerment to 
public health or welfare or the environment and to include contingency 
plans to implement such authorities as necessary.
    The TCAA provides TCEQ with authority to address environmental 
emergencies, and TCEQ has contingency plans to implement emergency 
episode provisions. Upon a finding that any owner/operator is 
unreasonably affecting the public health, safety or welfare, or the 
health of animal or plant life or property, the TCAA and 30 TAC 
chapters 35 and 118 authorize TCEQ to, after a reasonable attempt to 
give notice, declare a state of emergency and issue without hearing an 
emergency special order directing the owner/operator to cease such 
pollution immediately.
    The ``Texas Air Quality Control Contingency Plan for Prevention of 
Air Pollution Episodes'' is part of the Texas SIP. However, because of 
the low levels of NO2 and O3 emissions emitted 
and monitored statewide, Texas is not required to have contingency 
plans for the 2008 O3 or 2010 NO2 NAAQS. However, 
to provide additional protection, the State has general emergency 
powers to address any possible dangerous air pollution episode if 
necessary to protect the environment and public health.
    (H) Future SIP revisions: States must have the authority to revise 
their SIPs in response to changes in the NAAQS, availability of 
improved methods for attaining the NAAQS, or in response to an EPA 
finding that the SIP is substantially inadequate to attain the NAAQS.
    The TCAA authorizes the TCEQ to revise the Texas SIP, as necessary, 
to account for revisions of an existing NAAQS, establishment of a new 
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt 
more effective methods of attaining a NAAQS, and to respond to EPA SIP 
calls concerning NAAQS adoption or implementation.
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that 
in the case of a plan or plan revision for areas designated as 
nonattainment areas, states must meet applicable requirements of part D 
of the CAA, relating to SIP requirements for designated nonattainment 
areas.
    In 2012, we designated all areas in the United States as 
``unclassifiable/attainment'' for the one-hour NO2 NAAQS (77 
FR 9532). All NO2 monitors in Texas and neighboring states 
have design values below the 2010 annual NO2 NAAQS, which is 
0.053 ppm or 53 ppb and below the one-hour NO2 NAAQS of 100 
ppb. Texas currently has two nonattainment areas for the 2008 eight-
hour ozone NAAQS; the Houston-Galveston-Brazoria (HGB) marginal 
nonattainment area and the Dallas-Ft. Worth (DFW) moderate 
nonattainment area. The rest of the counties in Texas are designated 
unclassifiable/attainment for the 2008 eight hour O3 NAAQS. 
For additional information on the Texas ozone nonattainment areas (past 
and present) please refer to the TSD.
    However, as noted earlier, we do not expect infrastructure SIP 
submissions to address subsection (I). The specific SIP submissions for 
designated nonattainment areas, as required under CAA title I, part D, 
are subject to different submission schedules than those for section 
110 infrastructure elements. Instead, we will take action on part D 
attainment plan SIP submissions through a separate rulemaking process 
governed by the requirements for nonattainment areas, as described in 
part D.
    (J) Consultation with government officials, public notification, 
PSD and visibility protection: The SIP must meet the following three 
CAA requirements: (1) Section 121, relating to interagency consultation 
regarding certain CAA requirements; (2) section 127, relating to public 
notification of NAAQS exceedances and related issues; and (3) 
prevention of significant deterioration of air quality and visibility 
protection.
    (1) Interagency consultation: As required by the TCAA, there must 
be a public hearing before the adoption of any regulations or emission 
control requirements, and all interested persons are given a reasonable 
opportunity to review the action that is being proposed and to submit 
data or arguments, either orally or in writing, and to examine the 
testimony of witnesses from the hearing. In addition, the TCAA provides 
the TCEQ the power and duty to establish cooperative agreements with 
local authorities, and consult with other states, the federal 
government and other interested persons or groups in regard to matters 
of common interest in the field of air quality control. Furthermore, 
the Texas PSD SIP rules mandate that the TCEQ shall provide for public 
participation and notification regarding permitting applications to any 
other state or local air pollution control agencies, local government 
officials of the city or county where the source will be located, 
tribal authorities, and Federal Land Manager (FLMs) whose lands may be 
affected by emissions from the source or modification. Additionally, 
the State's PSD SIP rules require the TCEQ to consult with FLMs 
regarding permit applications for sources with the potential to impact 
Class I Federal Areas. The SIP also includes a commitment to consult 
continually with the FLMs on the review and implementation of the 
visibility program, and the State recognizes the expertise of the FLMs 
in monitoring and new source review applicability analyses for 
visibility and

[[Page 6487]]

has agreed to notify the FLMs of any advance notification or early 
consultation with a new or modifying source prior to the submission of 
a permit application. Likewise, the State's Transportation Conformity 
SIP rules provide for interagency consultation, resolution of 
conflicts, and public notification.
    (2) Public Notification: The i-SIP submissions from Texas provide 
the SIP regulatory citations requiring the TCEQ to regularly notify the 
public of instances or areas in which any NAAQS are exceeded. Included 
in the SIP are the rules for TCEQ to advise the public of the health 
hazard associated with such exceedances; and enhance public awareness 
of measures that can prevent such exceedances and of ways in which the 
public can participate in the regulatory and other efforts to improve 
air quality. In addition, as discussed for infrastructure element B 
above, the TCEQ air monitoring Web site provides quality data for each 
of the monitoring stations in Texas; this data is provided 
instantaneously for certain pollutants, such as ozone. The Web site 
also provides information on the health effects of lead, ozone, 
particulate matter, and other criteria pollutants.
    (3) PSD and Visibility Protection: The PSD requirements for this 
element are the same as those addressed under element (C) above. The 
Texas SIP requirements relating to visibility and regional haze are not 
affected when we establish or revise a NAAQS. Therefore, we believe 
that there are no new visibility protection requirements due to the 
revision of the NAAQS, and consequently there are no newly applicable 
visibility protection obligations pursuant to infrastructure element 
(J).
    (K) Air quality and modeling/data: The SIP must provide for 
performing air quality modeling, as prescribed by EPA, to predict the 
effects on ambient air quality of any emissions of any NAAQS pollutant, 
and for submission of such data to EPA upon request.
    The TCEQ has the power and duty, under the TCAA to develop facts 
and investigate providing for the functions of environmental air 
quality assessment. Past modeling and emissions reductions measures 
have been submitted by the State and approved into the SIP. In addition 
to the ability to perform modeling for nonattainment SIPs, Texas has 
the ability to perform modeling on a case by case permit basis 
consistent with their SIP-approved PSD rules and with our guidance.
    The TCAA authorizes and requires TCEQ to cooperate with the federal 
government and local authorities concerning matters of common interest 
in the field of air quality control, thereby allowing the agency to 
make such submissions to the EPA.
    (L) Permitting Fees: The SIP must require each major stationary 
source to pay permitting fees to the permitting authority, as a 
condition of any permit required under the CAA, to cover the cost of 
reviewing and acting upon any application for such a permit, and, if 
the permit is issued, the costs of implementing and enforcing the terms 
of the permit. The fee requirement applies until a fee program 
established by the state pursuant to Title V of the CAA, relating to 
operating permits, is approved by EPA.
    See the discussion for element (E) above for the description of the 
mandatory collection of permitting fees outlined in the SIP.
    (M) Consultation/participation by affected local entities: The SIP 
must provide for consultation and participation by local political 
subdivisions affected by the SIP.
    See discussion for element (J)(1) and (2) above for a description 
of the SIP's public participation process, the authority to advise and 
consult, and the PSD SIP's public participation requirements. 
Additionally, the TCAA also requires initiation of cooperative action 
between local authorities and the TCEQ, between one local authority and 
another, or among any combination of local authorities and the TCEQ for 
control of air pollution in areas having related air pollution problems 
that overlap the boundaries of political subdivisions, and entering 
into agreements and compacts with adjoining states and Indian tribes, 
where appropriate. TCEQ has a long history of successful cooperation 
with affected local entities. The transportation conformity component 
of the Texas SIP requires that interagency consultation and opportunity 
for public involvement be provided before making transportation 
conformity determinations and before adopting applicable SIP revisions 
on transportation-related issues.

IV. Proposed Action

    EPA is proposing to approve portions of the December 13, 2012 and 
December 7, 2012, infrastructure SIP submissions from Texas, which 
address the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2008 O3 and 2010 NO2 NAAQS. 
Specifically, we are proposing to approve the following infrastructure 
elements, or portions thereof: 110(a)(2)(A), (B), (C), (D)(i) (portions 
pertaining to PSD for O3 and 2010 NO2 and 
portions pertaining to nonattainment and interference with maintenance 
for NO2), (D)(ii), (E), (F), (G), (H), (K), (L), and (M). 
Based upon review of the state's infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in these submissions or referenced in Texas SIP, we believe that Texas 
has the infrastructure in place to address the applicable required 
elements of sections 110(a)(1) and (2) (except otherwise noted) to 
ensure that the 2008 O3 and 2010 NO2 NAAQS are 
implemented in the state.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and

[[Page 6488]]

     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the proposed 
rule does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Interstate transport of 
pollution, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Visibility.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 26, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-02310 Filed 2-5-16; 8:45 am]
BILLING CODE 6560-50-P
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