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[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43062-43066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17975]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0210; FRL-9177-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revisions to Emissions Inventory Reporting Requirements and 
Conformity of General Federal Actions, Including Revisions Allowing 
Electronic Reporting Consistent With the Cross Media Electronic 
Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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[[Page 43063]]

SUMMARY: EPA is approving Texas State Implementation Plan (SIP) 
revisions that were submitted by the Governor of Texas and by the Texas 
Commission on Environmental Quality (TCEQ) respectively on December 17, 
1999 and February 26, 2007. The revisions pertain to regulations on 
reporting air pollution emissions (emission inventories), and 
conformity of general federal actions to SIPs. The revisions on 
emissions inventories allow the state to collect additional data 
related to emissions from stationary sources and contain requirements 
for sources in regions that are in violation of a national ambient air 
quality standard (NAAQS) to report typical daily emissions of carbon 
monoxide and ozone precursor gases during the winter and summer months, 
respectively. The revisions also allow for electronic reporting of 
documents required under federally authorized programs and designated 
state programs, including emissions inventories from stationary 
sources. The revisions to regulations on conformity of general federal 
actions to SIPs are non-substantive. EPA is approving the revisions 
pursuant to Section 110, part D of the Federal Clean Air Act (CAA).

DATES: This rule is effective on September 21, 2010 without further 
notice, unless EPA receives relevant adverse comment by August 23, 
2010. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0210, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at Donaldson.guy@epa.gov. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
      Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0210. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that 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 of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any 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 Planning Section 
(6PD-L), Environmental Protection Agency, 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 of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment: Texas Commission on Environmental Quality, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; fax number 
214-665-7263; e-mail address shahin.emad@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'', 
``us'', or ``our'' is used, we mean the EPA.

Outline

I. What action is EPA taking?
II. What is a SIP?
III. What is the background for this action?
IV. What is EPA's evaluation of the revision?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving revisions to the Texas SIP that pertain to 
regulations on reporting of emissions (emissions inventories) submitted 
by stationary sources of air pollutants and conformity of general 
Federal actions to SIPs. Revisions were adopted by the State of Texas 
on December 1, 1999, and submitted to EPA Region 6 on December 17, 
1999. Additional revisions to the emissions inventory regulations were 
adopted on February 7, 2007, and submitted to EPA on February 26, 2007. 
Specifically we are approving:
     Revisions to 30 TAC 101.10 Emissions Inventory 
Requirements, submitted December 1999;
     Revisions to 30 TAC 101.30, Conformity of General Federal 
Actions to State Implementation Plans submitted December 1999; and
     The creation of Chapter 19, Electronic Reporting (30 TAC 
19) submitted February 2007.
    This approval does not address the revision of 30 TAC 101.1 
(Definitions) and adding of 30 TAC 101.28 (Stringency Determination for 
Federal Operating Permits) which were submitted on December 17, 1999. 
The revisions to section 101.1 were later

[[Page 43064]]

superceded by revisions adopted by Texas on September 26, 2001, and 
approved by EPA on November 14, 2001 (66 FR 57252). Because the 
December 17, 1999, revisions 101.1 were superceded by the 2001 
submission which has already been approved, no action or review is 
needed here. EPA intends to take action on 30 TAC 101.28 at a later 
time. A more complete description of the revisions is available in the 
Technical Support Document (TSD) posted on www.regulations.gov.
    We are approving the revisions pursuant to Section 110, part D of 
the CAA. The reporting of additional emissions and emissions-related 
data will help to achieve and continue to maintain the NAAQS in Texas. 
Regulated entities that submit emissions inventories will be allowed to 
do so electronically. Approving these revisions and the administrative 
changes to the general conformity rule will make the federal SIP 
consistent with the state's rules.
    We are also making a ministerial correction to the table in 40 CFR 
52.2270(c) to reflect the correct title of the EPA approved regulation 
in the Texas SIP. The ministerial correction applies to the table entry 
for Section 101.30, which should be titled ``Conformity of General 
Federal Actions to State Implementation Plans''.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on September 21, 
2010 without further notice unless we receive relevant adverse comment 
by August 23, 2010. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register 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 if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

II. What is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
national ambient air quality standards (NAAQS) established by EPA. 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: Carbon monoxide (CO), nitrogen 
dioxide, ozone, lead (Pb), particulate matter (PM), and sulfur dioxide 
(SO2).
    A SIP is a set of air pollution regulations, control strategies, 
other means or techniques, and technical analyses developed by the 
state, to ensure that the state meets the NAAQS. It is required by 
section 110 and other provisions of the CAA. A SIP protects air quality 
primarily by addressing air pollution at its point of origin. A SIP can 
be extensive, containing state regulations or other enforceable 
documents, and supporting information such as emissions inventories, 
monitoring networks, and modeling demonstrations. Each state must 
submit regulations and control strategies to EPA for approval and 
incorporation into the federally-enforceable SIP.

III. What is the background for this action?

    On December 17, 1999, the Governor of Texas submitted rules for 
inclusion into the SIP which amended regulations on emissions 
inventories submitted by stationary sources of air pollutants and 
conformity of general Federal actions to SIPs. The revisions to 30 TAC 
101.10, emissions inventory requirements: (1) Allow the state to 
collect additional data related to emissions from stationary sources, 
(2) contain requirements for sources in regions that are in violation 
of a NAAQS to report typical daily emissions of carbon monoxide and 
ozone precursor gases during the winter and summer months, 
respectively, (3) delete a requirement to report allowable emissions in 
the emissions inventory report, (4) add a requirement for facilities to 
report actual emissions for the statewide annual inventory update if a 
change in operating conditions results in a change from the most 
recently submitted emissions data of at least 5 tons per year in total 
annual emissions of volatile organic compounds, NOX, CO, 
SO2, Pb, or PM, (5) require submission of calculations 
representative of emission producing processes where continuous 
emission monitoring system data is not available, and (6) remove 
obsolete language that referred to inventory requirements due in 1992 
and 1993.
    The revisions to the regulation on conformity of general federal 
actions to SIPs, (30 TAC 101.30), are non-substantive changes. 
Definitions in the regulation were moved to another part of the Texas 
Administrative Code (30 TAC 101.1, Definitions) or were deleted if they 
were already part of the Code.
    On October 13, 2005 EPA published the final Cross Media Electronic 
Reporting Rule (CROMERR) in the Federal Register, (70 FR 59848). 
CROMERR establishes electronic reporting as an acceptable regulatory 
alternative to paper reporting and establishes requirements to assure 
that electronic documents are as legally dependable as their paper 
counterparts. Subpart D of the CROMERR requires states, tribal or local 
government agencies that receive or wish to receive electronic reports 
under their EPA-authorized programs to apply to EPA for a revision to 
those programs and get EPA's approval. On February 26, 2007 Texas 
submitted to EPA revisions to the emissions inventory reporting 
regulations. The revisions allow for electronic reporting of emissions 
consistent with CROMERR.
    On October 14, 2008, the Texas Commission on Environmental Quality 
(TCEQ) submitted two applications to EPA for approval under CROMERR; 
one for their Net Discharge Monitoring Report (NetDMR) and the second, 
for the State of Texas Environmental Electronic Reporting System 
(STEERS) electronic document receiving systems for revision or 
modification of multiple authorized programs under 40 CFR parts 51, 60, 
63, 70, 123, 142, 233-404, 271, 281, and 403. EPA approved the 
applications and published a Federal Register notice on April 27, 2009 
(74 FR 19082) to allow electronic reporting for specific authorized 
programs under Title 40.

IV. What is EPA's evaluation of the revision?

    EPA has evaluated the state's submittals that pertain to (1) 
Reporting of emissions and emission-related data by stationary sources 
of air pollutants, (2) conformity of general Federal actions to SIPs, 
and (3) allowing electronic reporting into Texas' SIP, and have 
determined that they meet the applicable requirements of the CAA and 
EPA air quality regulations because they are consistent with EPA's 
requirements for emissions reporting, conformity, and electronic 
reporting. (For further information on our evaluation see the TSD for 
this action). This approval will make these revised regulations 
federally enforceable. Enforcement of the regulations in a state SIP 
before and after it is incorporated into the federally approved SIP is 
primarily a state responsibility. However, after the regulations are 
federally approved, we are authorized to take enforcement

[[Page 43065]]

action against violators. Citizens are also offered legal recourse to 
address violations as described in Section 304 of the CAA. Approval 
will also help make the federally approved SIP consistent with state 
regulations.
    For additional information on our evaluation please refer to the 
Technical Support Document found in the electronic docket.

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 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     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. 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 of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the 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 ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 21, 2010. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. The first table in Sec.  52.2270(c) titled ``EPA Approved Texas 
Regulations'' is amended by:
0
a. Immediately before the heading ``Chapter 101--General Air Quality 
Rules'' adding a new centered heading in numerical order for ``Chapter 
19--Electronic Reporting''; followed by a centered heading for 
``Subchapter A--General Provisions''; followed by entries for Sections 
19.1 and 19.3; followed by a centered heading for ``Subchapter B--
Electronic Reporting Requirements''; followed by entries for sections 
19.10, 19.12, and 19.14.
0
b. Revising the entries for Sections 101.10 and 101.30 under ``Chapter 
101--General Air Quality Rules''.
    The additions and revisions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                 State approval/
       State citation           Title/subject    submittal date  EPA approval date           Explanation
----------------------------------------------------------------------------------------------------------------
                                        Chapter 19--Electronic Reporting
                                        Subchapter A--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 19.1................  Definitions......        2/7/2007  July 23, 2010
                                                                  [Insert FR page
                                                                  number where
                                                                  document begins.
Section 19.3................  Applicability....        2/7/2007  July 23, 2010
                                                                  [Insert FR page
                                                                  number where
                                                                  document begins.
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[[Page 43066]]

 
                                 Subchapter B--Electronic Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Section 19.10...............  Use of Electronic        2/7/2007  July 23, 2010
                               Document                           [Insert FR page
                               Receiving System.                  number where
                                                                  document begins.
Section 19.12...............  Authorized               2/7/2007  July 23, 2010
                               Electronic                         [Insert FR page
                               Signature.                         number where
                                                                  document begins.
Section 19.14...............  Enforcement......        2/7/2007  July 23, 2010
                                                                  [Insert FR page
                                                                  number where
                                                                  document begins.
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                                     Chapter 101--General Air Quality Rules
                                           Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 101.10..............  Emissions               12/1/1999  July 23, 2010
                               Inventory                          [Insert FR page
                               Requirements.                      number where
                                                                  document begins.
 
                                                  * * * * * * *
Section 101.30..............  Conformity of           12/1/1999  July 23, 2010
                               General Federal                    [Insert FR page
                               Actions to State                   number where
                               Implementation                     document begins.
                               Plans.
 
                                                  * * * * * * *
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[FR Doc. 2010-17975 Filed 7-22-10; 8:45 am]
BILLING CODE 6560-50-P
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