### ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part52 [EPA-R06-0AR-2008-0192; FRL-

_ 

### Approval and Promulgation ofImplementation Plans; Texas; Revisions to Chapter 116 which relate to the PermitRenewal Application and Permit Renewal Submittal

AGENCY: Environmental Protection Agency (EPA).



### ACTION: Direct final rule.



### SUMMARY: EPA is taking a direct final action to approve revisions to the applicable State Implementation Plan (SIP) for the State ofTexas which relate to the PermitRenewal Application and Permit Renewal Submittal regulations. These portions ofthe SIP revisions approved today would address requirements related to the timeline for the submittal ofan application for permit renewal. EPA finds that these changes to the Texas SIP comply with the Federal Clean Air Act (the Act or CAA) and EPA regulations, are consistent with EPA policies, and will improve air quality. This action is being proposed under section 110 and parts C and 0 ofthe Act.



### DATES: This direct final rule is effective on 

### [Insert date 60 days from date ofpublication in the Federal Register) without further notice, unless EPA receives relevant adverse comment by 

### [Insertdate 30 days from date ofpublication in the Federal Register). IfEPA receives such2 comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

ADDRESSES: Submityour comments, identified by Docket ID No. EPA-R06-0AR-2008- 0192 by one ofthe following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov: Follow the on-line instructions for submitting comments. (2) E-mail: Mr. JeffRobinson at robinson.jeffrey@epa.gov. Please also cc the person listed in the FORFURTHER INFORMATION CONTACT paragraph below. (3) U. S. EPA Region 6 "ContactUs" web site: http://epa.gov/region6/r6coment.htm. Please click on "6PD" (Multimedia) and select "Air" before submitting comments. (4) Fax: Mr. JeffRobinson, Chief, Air Permits Section (6PD-R), at fax number 214-665-6762. (5) Mail: Mr. JeffRobinson, Chief, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. (6) Hand or Courier Delivery: Mr. JeffRobinson, Chief, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of8:30 AM and 4:30 PM weekdays except for legal holidays. Special arrangements should be made for deliveries ofboxed information.

Instructions: Direct your comments to Docket ID No. EPA·R06-0AR-2008-0192. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information3 provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit informationthat you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov website is an "anonymous access" system, which means that EPA will not know your identity or contact information unless you provide it in the body ofyour comment. Ifyou send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address 

### will be automatically captured and included as part of the commentthat is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit, If EPA cannotread your comment due to technical difficulties and cannot contactyou for clarification, EPA may not be able to consideryour comment. Electronic files should avoid the use ofspecial characters, any form ofencryption, and be free ofany defects or viruses.



### Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Permits Section (6PD-R), Environmental ProtectionAgency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of8:30 am and 4:30 pm weekdays except for legal holidays. Contactthe person listed in the FOR FURTHER INFORMATION CONTACT paragraph below

### 4 to make an appointment. If possible, please make the appointment at least two working days in advance ofyour visit. There will be a 15 cent per page fee for making photocopies of documents. On the day ofthe visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittals, which are part of the EPA docket, are also available for public inspection at the State Air Agency during official business hours by appointment: Texas Commission on Environmental Quality, Office ofAir Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie Magee, Air Permits Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7161; fax number (214) 665-6762; e-mail address magee.melanie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever, any reference to "we," "us," or "our" is used, we mean EPA.

Table ofContents I. The State's Submittals II. What Action is EPA Taking? III. EPA's Evaluation A. What did Texas Submit for the Permit Renewal Application section? B. What is EPA's Evaluation ofthe Permit Renewal Application revisions?

### 5 C. What did Texas Submit for the Permit Renewal Submittal? D. What is EPA's Evaluation ofthe Permit Renewal Submittal revisions? IV. Final Action V. Statutory and Executive Order Reviews



### I. The 

### State's Submittals On December 15, 1995, July 22, 1998, and September4, 2002, the Texas Commission
on Environmental Quality (TCEQ) submitted proposed revisions to the Texas State Implementation Plan (SIP) concerning the Permit Renewal Application, 30 TAC Chapter 116, Subchapter D, Section 116.311 - Permit Renewal Application. The December 15, 1995 and July 22, 1998 revisions were superseded and rendered moot by revisions submitted to EPA on September4, 2002 because they repealed the earlier versions ofthe same provisions addressed in that submittal. The September4, 2002 SIP revision recodified the existing provision ofsection 116.311(c) into a new section 116.315 - Permit Renewal Submittal. The SIP submittals of30 TAC 116.311 dated July 22, 1998 and September4, 2002 have other provisions that have not been evaluated in any prior action and are severable from the provisions that we are approving in this action because the revisions being addressed here are ministerial and non-controversial in nature. Additional informationrelated to these SIP submittals are contained in the Technical SupportDocument (TSD): Revisions to the Permit Renewal Submittal section were submitted by TCEQ to EPA on September25,2003 and May 30, 2008. The September 25, 2003 SIP submittal revisions state that an application for permitrenewal must be submitted at least six months, but no earlier than 18 months priorto the permit expiration date. Also included within the revision is a provision6 for the Executive Directorto approve applications before or after this specified time period. Following the passage ofthe Texas Senate Bill 1673(SB 1673),

# so" Legislature, 2007, TCEQ submitted to EPA revisions to section 116.315 on May 30, 2008 to allow the Commission to process a renewal application at the same time as an amendment for a preconstruction permit, provided the amendment application is filed not more than three years before the date the permit is scheduled to expire and is subject to public notice requirements. The revisions were adopted by the state on May 7, 2008. With this action, we are approving these revisions and recodifications ofthe Permit Renewal Section. The table below summarizes the changes that were submitted and are affected by this action. A summary ofEPA's evaluation ofeach section and the basis for this proposal is discussed in section III ofthis preamble. The TSD includes a detailed evaluation ofthe referenced SIP submittals.

• Because Texas Repealed and resubmitted each section under Subchapter D In Its7/22/98 submittal, our analysis includes 12115/95 and 7/22/98 SIP submittal together.

Section Title Date Date Comments Submitted Adopted by the State 30TAC Pennit 12115/95 1l/16/95 Renamed previously SIP approved Subsection (c) to 116.311 Renewal 7/22/98 6117/98 subsections (d) and (e). Application 9/4/02 8/21/02 Removed pre-existing non-SIP approved subsections (d) and (e) and recodified to a new 30 TAC 116.315 (a) and (b). 30TAC Pennit 9/4/02 8/21/02 Initial adoption. 116.315 Review 9/25/03 8/20/03 Revised previously recodified subsection (a); New Submittal subsection (b); Redesignated former recodified subsection (b) to subsection (c). 5/30/08 5/7/08 Revised subsection (a); New subsection (c); Redesignated former subsection (c) to subsection (d),

..

II. What Action is EPA Taking? We have evaluated the SIP submissions for consistencywith the CAA, NSRregulations for major and minor sources in 40 CFRPart 51, and the approved Texas SIP. We have also reviewedthe rules for enforceability and legal sufficiency. In this review, we have identified

### 7 that on March 10,2006, EPA approved revisions to Title 30 ofthe Texas Administrative Code (30 TAC), Chapter 116 - Control ofAir Pollution by Permits for New Construction or Modification, Section 311 - Permit Renewal Application into the Texas SIP. Since EPA's approval, Texas has submitted three SIP revisions to section 116.311(c) on December 15, 1995, July 22, 1998 and September4, 2002. The December 15, 1995 and July 22, 1998 rule revisions to 116.311(c) are superseded by the September4, 2002 SIP submittal. Included in the September 4, 2002 revision to section 116.311, is the recodification ofexisting severable provisions from section 116.311(c) to a new section 116.315 - Permit Renewal Submittal. On September 25,2003, TCEQ submitted to EPA changes to the new section 116.315. As a result of the passage ofthe Texas Senate Bill 1673(SB 1673),

## so" Legislature, 2007, TCEQ submitted additional revisions to section 116.315 on May 30, 2008. The revisions include provisions allowing the Commissionto process a renewal application at the same time as an amendment for a preconstruction permit, provided the amendment application is filed not more than three years before the date the permit is scheduled to expire and are subject to public notice requirements. A technical analysis ofthe submittals for the Permit Renewal Application and Permit Renewal Submittal sections has found that these changes are consistent with the CAA, 40 CFR Part 51 and EPA policies. Therefore, EPA is taking a direct final action to approve the revision and recodification ofsection 116.311(c) to the new section 116.315 rules submitted on December 15, 1995, July 22, 1998, September4, 2002, September25, 2003 and May 30, 2008. We are publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no relevant adverse comments. However, in the proposed rules

.section ofthis Federal 

### Registerpublication, we are publishing a separate document that will8 serve as the proposal to approve the SIP revision ifrelevant adverse comments are received. This rule will be effective on [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication in the Federal Register] without further notice unless we receive relevant adverse commentby [FEDERAL REGISTER OFFICE: insertdate 30 days from date of publication in the Federal Register). Ifwe receive relevant adverse comments, we will publish a timely withdrawal in the FederalRegister informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so now. Please note that ifwe receive adverse comment on an amendment, paragraph, or section ofthis rule and ifthat provision may be severed from the remainder ofthe rule, we may adopt as final those provisions ofthe rule that are not the subject ofan adverse comment.

III. EPA's Evaluation A. What did Texas Submitfor the PermitRenewal Application section? The provisions for 30 TAC 116.311 - Permit Renewal Application were submitted to EPA on August 31, 1993 and April 29, 1994. EPA approved the submitted revisions on March 10, 2006 (71 FR 12285) and became effective on May 9, 2006. Since EPA's last approval for this section, TCEQ has submitted three SIP revisions to EPA for the Permit Renewal Application section on December 15, 1995, July 22, 1998 and September 4, 2002. The SIP revisions submitted to EPA on December 15, 1995 and July 22, 1998 are superseded by the SIP revision submitted September4, 2002. The September 4, 2002 SIP submittal also includes several revisions that remain under review and will not be addressed in this action. However, with this

### 9 action, we are approving the recodification and revision ofthe existing provisions ofsection 116.311(c) to a new section 116.315 - Permit Renewal Submittal. 

### B. What is EPA's Evaluation of the Permit Renewal Application revisions? The SIP revisions for section 116.311 - Permit Renewal Application revise and recodify the existing provisions. The revisions approved with this action are described below:

• Subsections (d) and(e): The provisions in subsections (d) and (e) are currently approved as subsection (c). The 1995 and 1998 SIP revisions reorganized these provisions as subparagraphs (d) and (e) and made non-substantive changes. In the September 4, 2002, SIP submittal; these provisions were recodified into a new 30 TAC 116.315(a) and (b).



### C. 

### What did Texas Submit for the Permit Renewal Submittal? Revisions to the Permit Renewal Submittal were submitted to EPAon September 25, 2003 and included several non-substantive changes. However, as a result ofthe passage ofthe Texas Senate Bill 1673(SB 1673), 

## so" Legislature, 2007 on May 30, 2008, TCEQ submitted to EPA changes to the Permit Renewal Section to revise and recodify this section's provisions.



### D. What is EPA's Evaluation of the Permit Renewal Submittal revisions? Section 116.315 - PermitRenewal Submittal allows the Commission to process a renewal application at the same time as an amendment for a preconstructionpermit, provided the amendment application is filed not more than three years before the date the permit is scheduled to expire and is subjectto public notice requirements. The revisions approved with this action

are described below:10

• Subsection (a): This subsection is currently approved as 30 TAC 116.311 (c). Subsection (c) was recodified and reorganized as 30 TAC 116.311(d) and (e), submitted December 15, 1995 and July 22, 1998, with revisions, which EPA has not yet approved. On September4,2002, Texas recodified 30 TAC 116.311(d) and (e) as 30 TAC 116.315(a) and (b) with non-substantive changes. In the September 25, 2003 submittal, Texas changed the date for submitting a renewal application from 90 days prior to the permit expiration date to no earlier than 18 months prior to the expiration ofthe permitexpiration date. In the May 30, 2008 submittal, Texas revised the first sentence ofsubsection (a) to provide that the provisions apply, except as provided in subsection (b) and (c). EPA's technical review has found that this change is an improvement ofthe existing requirements. Therefore, we are approving the revisions to subsection (a).

• Subsection (b): In the September4,2002, submittal, the last sentence ofsubsection (a)
was replaced with a new subsection (b) which provides that with approval ofthe Executive Director, an application for renewal may be submitted after the time period in subsection (a). This revised provision is broader than the current SIP provisions and is beyond the current CAA requirements and EPA NSR requirements. Therefore, by approving this revision into the SIP, the existing rule language will be clarified and enhanced.

• Subsection (c): This new subsection, submitted May 30, 2008, provides that a renewal application with appropriate fee may be submitted at the same time as an amendment application to modify an existing facility as long as it is submitted not more than three years before the permit's expiration date and the amendment is subjectto public notice requirements under Texas Health Code, section 382.056, Notice ofIntentto Obtain Permit orPermit Review; Hearing. The Texas public participation and air permit rules may be found in 30 TAC Chapter 39 and 30 TAC11 101,respectively, and are severable from the section 116.315 provisions. Because the revisions to this section affect the timing ofpermitrenewals and does not change the requirements for public notice and permit fees, EPA is approving this change.

• Subsection (d): This was initially submitted as subsection (b) on September4,2002. This subsection was recodified as subsection (c) in the September 25,2003, submittal, then recodified to subsection (d) in the May 8, 2008, submittal. Other than the two recodifications, no changes were made. The recodification ofsubsection (d) is a non-substantial change; therefore, EPA is approving this revision.



### IV. Final Action EPA is taking direct final action to approve severable portions ofrevisions to the SIP Texas submitted on December 15, 1995, July 22, 1998, September4,2002, September 25, 2003, and May 30, 2008. We have determined that the revised rules clarify and enhance the existing SIP. Within the TSD, several sections ofthese SIP submittals are identified as being included in this action. Sections 116.115, 116.120 and 116.315 are currently under review and EPA will act on these revisions separately. The remaining sections have been addressed by EPA in prior separate actions.



### 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 ofthe 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,12 provided that they meet the criteria ofthe Clean Air Act. Accordingly, this action merely approves 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 ofManagement and Budgetunder Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number ofsmall 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 (Public Law 104-4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significantregulatory 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 ofsection 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with the Clean Air Act; and13 • 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). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9,2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.c. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the u.S. Senate, the U.s. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "majorrule" as defined by 5 U.S.c. 804(2). Under section 307(b)(I) ofthe Clean Air Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing apetition for reconsideration by the 

### Administratorofthis final rule does not affect the finality ofthis action for the purposes of judicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the14 effectiveness ofsuch rule or action. This action may not be challenged later inproceedings to enforce its requirements. (See section 307(b)(2).)

### 15 List ofSubjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 

# :s/;).! aOlo I Dated: Al Armendariz, Regional Administrator, Region 6.16 40 CFRpart 52 is amended as follows: PART 52 - [AMENDED] I. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 

### etseq.
Subpart 

### SS - Texas 2. The table in §52.2270(c) entitled "EPA Approved Regulations in the Texas SIP" is amended under Chapter 116, SubchapterD, as follows:
a. By revising the entry for Section 116.311, Permit Renewal Application; and b. Immediately following the entry for Section 116.314, Review Schedule, by adding a new entry for Section 116.315, Permit Renewal Submittal. The revision and additionread as follows:17 

### § 52.2270 Identification ofplan.



## * * * * * (c) 

## *** EPA Approved Regulations in the Texas SIP
State citation 

# I Title/Subject State approval! EPA approval date 

# I Explanation Submittal date 

## * * * * * * * Chapter 116 - Control ofAir Pollution by Permits for New Construction or Modification 

## * * * * * * * Subchapter D - Permit Renewals 

## * * * * * * * Section 116.311 Permit Renewal 4/6/1994 3/10/2006, 71 FR The SIP does not Application 12285. include subsection (c). The requirements ofsubsection (c) were added to Section 116.315 and approved by EPA on [Insert date ofFR publication] [Insert FR page number where document begins]. 

## * * * * * * * Section 116.315 Permit Renewal 517/2008 [Insert date of Submittal FR publication] [Insert FR page number where document begins] 

## * * * * * * *