57882 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 

thermal energy displaced equation 

image. 

DATES: This rule is effective on August 

24, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this direct final 

rulemaking, contact Luis Aguilar, 

Regulatory Specialist, by phone at (303) 

231–3418, or by email at ONRR_

RegulationsMailbox@onrr.gov. 

SUPPLEMENTARY INFORMATION: ONRR 

published a direct final rule in the 

Federal Register on December 8, 2011 

(76 FR 76612). ONRR amended the 

thermal energy displaced equation in 

§ 1206.356(a)(2) from ‘‘0.113681’’ to 

‘‘0.133681.’’ Section 1206.356(a)(2) 

contained an image of the equation for 

illustration purposes. However, ONRR 

did not provide an updated equation 

image. This document provides the 

correct equation image. 

List of Subjects in 30 CFR Part 1206 

Coal, Continental shelf, Government 

contracts, Indian lands, Mineral 

royalties, Oil and gas exploration, 

Public lands—mineral resources, 

Reporting and recordkeeping 

requirements. 

Accordingly, ONRR amends 30 CFR 

part 1206 by making the following 

correcting amendment. 

PART 1206—PRODUCT VALUATION 

■ 1. The authority citation for part 1206 

continues to read as follows: 

Authority: 5 U.S.C. 301 et seq., 25 U.S.C. 

396, 396a et seq., 398, 398a et seq., 2101 et 

seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 

et seq., 1701 et seq.; 43 U.S.C. 1301 et seq., 

1331 et seq., and 1801 et seq. 

■ 2. In § 1206.356, amend paragraph 

(a)(2) by revising the equation to read as 

follows: 

§ 1206.356 How do I calculate royalty or 

fees due on geothermal resources I use for 

direct use purposes? 

* * * * * 

(a) * * * 

(2) * * * 

* * * * * 

Howard Cantor, 

Director, Office of Natural Resources 

Revenue. 

[FR Doc. 2023–18096 Filed 8–23–23; 8:45 am] 

BILLING CODE 4335–30–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–USCG–0689] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone that encompasses certain 

navigable waters on Lake Erie, for the 

Head of the Cuyahoga, in Cleveland, 

Ohio. This action is necessary and 

intended for the safety of life and 

property on navigable waters during this 

event. During the enforcement period, 

no person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo or a designated representative. 

DATES: The regulation listed in 33 CFR 

165.939, Table 165.939 (d)(3) will be 

enforced from 5 a.m. through 5 p.m. on 

September 16, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT Jared 

Stevens, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a Safety Zone; for the 

Annual Event in the Captain of the Port 

Buffalo Zone, listed in 33 CFR 165.939, 

Table 165.939(d)(3) for the Head of the 

Cuyahoga in Cleveland, Ohio. All U.S. 

waters of the Cuyahoga River, between 

a line drawn perpendicular to the river 

banks from position 41°29′55′′ N, 

081°42′23′′ W (NAD 83) just past the 

Detroit-Superior Viaduct bridge at MM 

1.42 of the Cuyahoga River south to a 

line drawn perpendicular to the river 

banks at position 41°28′32′′ N, 

081°40′16′′ W (NAD 83) just south of the 

Interstate 490 bridge at MM 4.79 of the 

Cuyahoga River. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or a designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

respective safety zone. 

Dated: August 17, 2023. 

M.I. Kuperman, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2023–18268 Filed 8–23–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2022–0307; FRL–10892– 

02–R6] 

Air Plan Approval; Texas; Updates to 

Public Notice and Procedural Rules 

and Removal of Obsolete Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving portions of three revisions 

to the Texas State Implementation Plan 

(SIP) submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) on July 9, 2021, and January 21, 

2022, that update the air permitting 


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program by removing obsolete 

provisions and enhancing public notice 

requirements of the air permitting 

program. We are also making ministerial 

edits to correct several errors identified 

in the amendatory language for the 

Texas SIP. 

DATES: This rule is effective on 

September 25, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2022–0307. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, EPA Region 6 Office, Air 

Permits Section, 214–665–2115, 

wiley.adina@epa.gov. Please call or 

email the contact listed above if you 

need alternative access to material 

indexed but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our April 21, 

2023, proposal (88 FR 24518). In that 

document we proposed to approve 

portions of three revisions to the Texas 

SIP submitted by the TCEQ on July 9, 

2021, and January 21, 2022. The first 

revision, adopted on April 22, 2020, 

submitted on January 21, 2022, updates 

internal cross-references and removes or 

replaces obsolete provisions identified 

during a routine review of the Texas 

permitting regulations. The second 

revision, adopted on June 9, 2021, 

submitted July 9, 2021, repeals obsolete 

permitting provisions, and makes 

necessary corresponding edits to other 

permitting provisions. The third 

revision, adopted on August 25, 2021, 

submitted January 21, 2022, enhances 

the public notice requirements of the air 

permitting program. As detailed in our 

proposed approval, we found that the 

submitted revisions are consistent with 

the CAA and the EPA’s regulations, 

policy, and guidance for permitting SIP 

requirements. We did not receive any 

comments regarding our proposal. 

Therefore, we are finalizing as 

proposed. 

II. Final Action 

Pursuant to section 110, of the Act, 

we are finalizing the submitted 

revisions to the Texas SIP that update 

the air permitting program by removing 

obsolete provisions and enhancing 

public notice by extending requirements 

for alternative language notices to 

notices for public meetings in certain 

circumstances. 

We are approving the following 

revisions adopted on June 9, 2021, 

effective on July 1, 2021, submitted to 

the EPA on July 9, 2021: 

• Revisions to 30 TAC Section 

116.910—Applicability, 

• Revisions to 30 TAC Section 

116.911—Electric Generating Facility 

Permit Application, 

• Revisions to 30 TAC Sections 

116.920—Public Participation for Initial 

Issuance, 

• Revisions to 30 TAC Sections 

116.1530—Best Available Retrofit 

Technology (BART) Control 

Implementation, and 

• Repeal of 30 TAC Sections 

116.770—116.772, 116.774, 116.775, 

116.777—116.781, 116.783, 116.785— 

116.788, and 116.790. 

The EPA is approving the following 

revisions adopted on April 22, 2020, 

effective on May 14, 2020, submitted to 

the EPA on January 21, 2022: 

• Revisions to 30 TAC Section 

39.405—General Notice Provisions, 

• Revisions to 30 TAC Section 

39.411—Text of Public Notice, 

• Revisions to 30 TAC Section 

39.419—Notice of Application and 

Preliminary Decision, 

• Revisions to 30 TAC Section 

39.420—Transmittal of the Executive 

Director’s Response to Comments and 

Decision, 

• Revisions to 30 TAC Section 

39.601—Applicability, 

• Revisions to 30 TAC Section 

39.603—Newspaper Notice, 

• Revisions to 30 TAC Section 

55.154—Public Meetings, 

• Revisions to 30 TAC Section 

55.156—Public Comment Processing, 

• Revisions to 30 TAC Section 

101.306—Emission Credit Use, 

• Revisions to 30 TAC Section 

116.111—General Application, and 

• Revisions to 30 TAC Section 

116.112—Distance Limitations. 

The EPA is approving the following 

revisions adopted on August 25, 2021, 

effective September 16, 2021, submitted 

to the EPA on January 21, 2022: 

• Revisions to 30 TAC Section 

39.405—General Notice Provisions, 

• Revisions to 30 TAC Section 

39.412—Combined Notice for Certain 

Greenhouse Gases Permit Applications, 

• Revisions to 30 TAC Section 

39.418—Notice of Receipt of 

Application and Intent to Obtain Permit, 

• Revisions to 30 TAC Section 

39.419—Notice of Application and 

Preliminary Decision, 

• New 30 TAC Section 39.426— 

Alternative Language Requirements, 

• Revisions to 30 TAC Section 

39.602—Mailed Notice, 

• Revisions to 30 TAC Section 

39.604—Sign-Posting, 

• Revisions to 30 TAC Sections 

55.154—Public Meetings, and 

• Revisions to 30 TAC Sections 

55.156—Public Comment Processing. 

The EPA is also correcting several 

errors identified in the amendatory 

language for the Texas SIP at 40 CFR 

52.2270(c). The EPA is making these 

necessary, ministerial edits to the Texas 

SIP without notice and comment under 

the ‘‘good cause’’ exemption in section 

553(b)(3)(B) of the Administrative 

Procedures Act (APA) which, upon 

finding ‘‘good cause,’’ authorizes 

agencies to dispense with public 

participation. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the ministerial 

corrections update the amendatory 

language at 40 CFR 52.2270(c) to 

correctly reference prior EPA actions 

that were previously subject to notice 

and comment consistent with section 

553 of the APA. The public benefits by 

having these updated citations. 

• The EPA’s January 11, 2011, final 

rule at 76 FR 1525, 1531–1532, 

inadvertently used the wrong section 

names in the Title/Subject field for 

several of the section numbers that were 

approved into the Texas SIP. We are 

correcting the Title/Subject field for 30 

TAC Sections 116.911, 116.912, 

116.916, 116.917, 116.918, 116.920, 

116.930. 

• The EPA’s February 13, 2020, final 

rule at 85 FR 8185, 8188, inadvertently 

omitted the information identifying the 

EPA’s approval date from the SIPapproved sections for 30 TAC Sections 

116.164, 116.196, 116.198, 116.310, 

116.611, and 116.615. We are correcting 

these sections to include the EPA 

approval date and FR citation. 

III. Environmental Justice 

Consideration 

The EPA reviewed demographic data 

and provided the results in our April 21, 

2023, proposed rule. See 88 FR 24518, 

24520–24521. 


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IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference revisions to 

the Texas regulations as described in 

Section II of this preamble, Final 

Action. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated in the next update to the 

SIP compilation. 

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 Clean Air 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 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 of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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 Clean Air Act. 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The state air agency did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA performed an 

environmental justice analysis, as is 

described above in the section titled, 

‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, not as a basis 

of the action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. In addition, there is no information 

in the record upon which this decision 

is based inconsistent with the stated 

goal of E.O. 12898 of achieving 

environmental justice for people of 

color, low-income populations, and 

Indigenous peoples. 

In addition, 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 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). 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 23, 2023. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 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. 

Dated: August 15, 2023. 

Earthea Nance, 

Regional Administrator, Region 6. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270, the table in paragraph 

(c) titled ‘‘EPA Approved Regulations in 

the Texas SIP’’ is amended by 

■ i. Revising the entries for sections 

39.405, 39.411, 39.412, 39.418, 39.419, 

39.420, 39.426, 39.601, 39.602, 39.603, 

39.604, 55.154, 55.156, 101.306, 

116.111, 116.112, 116.164, 116.196, 

116.198, 116.310, 116.615, 116.910, 

116.911, 116.912, 116.920, and 

116.1530, and 


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■ ii. Removing the heading ‘‘Subchapter 

H—Permits for Grandfathered 

Facilities’’ and sub-heading ‘‘Division 

1—General Applicability’’, consisting of 

entries for sections 116.770—116.772 

and sub-heading ‘‘Division 2—Small 

Business Stationary Source Permits, 

Pipeline Facilities Permits, and Existing 

Facility Permits’’, consisting of entries 

for sections 116.774, 116.775, 116.777– 

116.781, 116.783, 116.785–116.788, and 

116.790. 

The revisions read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA 

approval 

date 

Explanation 

*******

Chapter 39—Public Notice 

Subchapter H—Applicability and General Provisions 

*******

Section 39.405 ...... General Notice Provisions ....................... 8/25/2021 8/24/2023, [Insert Federal Register citation].

*******

Section 39.411 ...... Text of Public Notice ................................ 4/22/2020 8/24/2023, [Insert Federal Register citation].

Section 39.412 ...... Combined Notice for Certain Greenhouse Gases Permit Applications.8/25/2021 8/24/2023, [Insert Federal Register citation].

Section 39.418 ...... Notice of Receipt of Application and Intent to Obtain Permit.8/25/2021 8/24/2023, [Insert Federal Register citation].

Section 39.419 ...... Notice of Application and Preliminary Decision.8/25/2021 8/24/2023, [Insert Federal Register citation].

Section 39.420 ...... Transmittal of the Executive Director’s 

Response to Comments and Decisions.

4/22/2020 8/24/2023, [Insert Federal Register citation].

Section 39.426 ...... Alternative Language Requirements ....... 8/25/2021 8/24/2023, [Insert Federal Register citation].

Subchapter K—Public Notice of Air Quality Permit Applications 

Section 39.601 ...... Applicability .............................................. 4/22/2020 8/24/2023, [Insert Federal Register citation].

Section 39.602 ...... Mailed Notice ........................................... 8/25/2021 8/24/2023, [Insert Federal Register citation].

Section 39.603 ...... Newspaper Notice .................................... 4/22/2020 8/24/2023, [Insert Federal Register citation].

Section 39.604 ...... Sign-Posting ............................................. 8/25/2021 8/24/2023, [Insert Federal Register citation].

* * * * * * * 

Chapter 55—Requests for Reconsideration and Contested Case Hearings; Public Comment 

Subchapter E—Public Comment and Public Meetings 

*******

Section 55.154 ...... Public Meetings ........................................ 8/25/2021 8/24/2023, [Insert Federal Register citation].

Section 55.156 ...... Public Comment Processing .................... 8/25/2021 8/24/2023, [Insert Federal Register citation].

Chapter 101—General Air Quality Rules 

*******

Subchapter H—Emissions Banking and Trading 

Division 1—Emission Credit Program 

*******

Section 101.306 .... Emission Credit Use ................................ 4/22/2020 8/24/2023, [Insert Federal Register citation].

*******

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

*******

Subchapter B—New Source Review Permits 

Division 1—Permit Application 


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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA 

approval 

date 

Explanation 

*******

Section 116.111 .... General Application .................................. 4/22/2020 8/24/2023, [Insert Federal Register citation].

Section 116.112 .... Distance Limitations ................................. 4/22/2020 8/24/2023, [Insert Federal Register citation].

*******

Division 6—Prevention of Significant Deterioration Review 

*******

Section 116.164 .... Prevention of Significant Deterioration 

Applicability for Greenhouse Gases 

Sources.

10/31/2018 2/13/2020, 85 FR 8187 ............................ The PSD SIP does NOT include 30 TAC 

Section 116.164(b). 

* * * * * * * 

Subchapter C—Plant-wide Applicability Limits 

Division 1—Plant-wide Applicability Limits 

*******

Section 116.196 .... Renewal of a Plant-wide Applicability 

Limit Permit.

10/31/2018 2/13/2020, 85 FR 8187.

Section 116.198 .... Expiration of Voidance ............................. 10/31/2018 2/13/2020, 85 FR 8187.

Subchapter D—Permit Renewals 

Section 116.310 .... Notification of Permit Holder .................... 10/31/2018 2/13/2020, 85 FR 8187.

* * * * * * * 

Subchapter F—Standard Permits 

*******

Section 116.611 .... Registration to Use a Standard Permit .... 10/31/2018 2/13/2020, 85 FR 8187 ............................ 30 TAC Section 116.611(b) is SIP-approved as adopted by the State as of 

11/20/2002. The SIP does NOT include 30 TAC Section 116.611(c)(3), 

(c)(3)(A), and (c)(3)(B). 

*******

Section 116.615 .... General Conditions .................................. 10/31/2018 2/13/2020, 85 FR 8187.

*******

Subchapter G—Flexible Permits 

*******

Section 116.765 .... Compliance Schedule .............................. 7/31/2014 7/20/2015, 80 FR 42729 .......................... SIP includes 30 TAC Section 116.765(b) 

and (c) 

*******

Subchapter I—Electric Generating Facility Permits 

Section 116.910 .... Applicability .............................................. 6/9/2021 8/24/2023, [Insert Federal Register citation].

Section 116.911 .... Electric Generating Facility Permit Application.6/9/2021 8/24/2023, [Insert Federal Register citation].Section 116.911(a)(2) is authorized for 

Minor NSR only. 

Section 116.912 .... Electing Electric Generating Facilities ..... 12/16/1999 1/11/2011, 76 FR 1525.

* * * * * * * 

Section 116.916 .... Permits for Grandfathered and Electing 

Electric Generating Facilities in El 

Paso County.

12/16/1999 1/1/2011, 76 FR 1525.

Section 116.917 .... Electric Generating Facility Permit Application for Certain Grandfathered CoalFired Electric Generating Facilities and 

Certain Grandfathered Facilities Located at Electric Generating Facility 

Sites.

5/22/2002 1/11/2011, 76 FR 1525.

Section 116.918 .... Additional General and Special Conditions for Grandfathered Coal-Fired 

Electric Generating Facilities and Certain Grandfathered Facilities Located 

at Electric Generating Facility Sites.

5/22/2002 1/11/2011, 76 FR 1525.


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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA 

approval 

date 

Explanation 

*******

Section 116.920 .... Public Participation for Initial Issuance .... 6/9/2021 8/24/2023, [Insert Federal Register citation].

*******

Section 116.930 .... Amendments and Alterations of Permits 

Issued Under this Subchapter.

5/22/2002 1/11/2011, 76 FR 1525.

*******

Subchapter M—Best Available Retrofit Technology (BART) 

*******

Section 116.1530 .. Best Available Retrofit Technology 

(BART) Control Implementation.

6/9/2021 8/24/2023, [Insert Federal Register citation].

* * * * * * * 

[FR Doc. 2023–17945 Filed 8–23–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0004; FRL–11246–01– 

OCSPP] 

Pyraclonil; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of pyraclonil in 

or on rice, grain. Nichino America, Inc. 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

August 24, 2023. Objections and 

requests for hearings must be received 

on or before October 23, 2023 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0004, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and OPP Docket 

is (202) 566–1744. Please review the 

visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Registration Division 

(7505T), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(202) 566–1030; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s 

e-CFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2020–0004 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

October 23, 2023. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b), although the Office of 

Administrative Law Judges encourages 

parties to file electronically. See https:// 

www.epa.gov/sites/default/files/2020- 

05/documents/2020-04-10_-_order_

urging_electronic_service_and_

filing.pdf. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2020–0004, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 


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