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TABLE 5—METHOD DETECTION LIMITS DETERMINED BY ANALYSIS OF REAGENT/TEFLON FILTER BLANKS AND REAGENT/ 

TEFLON FILTER BLANKS SPIKED WITH LOW-LEVEL Pb SOLUTION—Continued 

Ultrasonic extraction method 

Blank 

(μg/m3)* 

Pb-spiked 

(μg/m3)* 

MDL** ........................................................................................................................................................................... 0.000109 0.000097 

* Assumes 24 m3 of air sampled. 

** MDL is 3.143 times the standard deviation of the results for seven sample replicates analyzed. 

TABLE 6—RECOVERIES OF LEAD FROM NIST SRMS SPIKED ONTO TEFLON FILTERS

Extraction method 

Recovery, ICP–MS, (percent) 

NIST 1547 

plant 

NIST 2709 

soil 

NIST 2583 

dust 

NIST 2582 

paint 

Ultrasonic Bath ........................................................................................................ 104±5 93±1 108±11 96±3 

15.0 Pollution Prevention 

15.1 Pollution prevention encompasses 

any technique that reduces or eliminates the 

quantity and/or toxicity of waste at the point 

of generation. Numerous opportunities for 

pollution prevention exist in laboratory 

operations. Whenever feasible, laboratory 

personnel should use pollution prevention 

techniques to address their waste generation. 

The sources of pollution generated with this 

procedure are waste acid extracts and Pbcontaining solutions. 

15.2 For information about pollution 

prevention that may be applicable to 

laboratories and research institutions, consult 

Less is Better: Laboratory Chemical 

Management for Waste Reduction, available 

from the American Chemical Society’s 

Department of Government Relations and 

Science Policy, 1155 16th St. NW., 

Washington, DC 20036, www.acs.org. 

16.0 Waste Management 

16.1 Laboratory waste management 

practices must be conducted consistent with 

all applicable rules and regulations. 

Laboratories are urged to protect air, water, 

and land by minimizing all releases from 

hood and bench operations, complying with 

the letter and spirit of any sewer and 

discharge permits and regulations, and by 

complying with all solid and hazardous 

waste regulation. For further information on 

waste management, consult The Waste 

Management Manual for Laboratory 

Personnel available from the American 

Chemical Society listed in Section 15.2 of 

this method. 

16.2 Waste HNO3, HCl, and solutions 

containing these reagents and/or Pb must be 

placed in labeled bottles and delivered to a 

commercial firm that specializes in removal 

of hazardous waste. 

17.0 References 

1. Method 6020A—Inductively Coupled 

Plasma Mass Spectrometry. U.S. 

Environmental Protection Agency. Revision 

1, February 2007. 

2. NIST, Certificate of Analysis: Standard 

Reference Materials 2583, Trace Elements in 

Indoor Dust, Nominal 90 mg/kg Lead, 

National Institute of Standards and 

Technology, Gaithersburg, MD, 1998. 

3. NIST, Certificate of Analysis: Standard 

Reference Materials 2586, Trace Elements in 

Soil, Nominal 500 mg/Kg Lead, National 

Institute of Standards and Technology, 

Gaithersburg, MD, 2008. 

4. NIST, Certificate of Analysis: Standard 

Reference Materials 2587, Trace Elements in 

Soil Containing Lead from Paint, Nominal 

3000 mg/Kg Lead, National Institute of 

Standards and Technology, Gaithersburg, 

MD, 2008. 

5. NIST, Certificate of Analysis: Standard 

Reference Materials 1648, Urban Particulate 

Matter, 0.655 ± 0.033% Lead, National 

Institute of Standards and Technology, 

Gaithersburg, MD, 2008. 

6. Rice 2013, Results from the 

Development of a New Federal Reference 

Method (FRM) for Lead in Total Suspended 

Particulate (TSP) Matter. Docket # EPA–HQ– 

OAR–2012–0210. 

[FR Doc. 2013–02382 Filed 2–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0600; FRL–9776–4] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to New Source Review 

(NSR) State Implementation Plan (SIP); 

Emergency Orders 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing disapproval 

of revisions to the SIP for the State of 

Texas that relate to Emergency Orders. 

This includes portions of SIP revisions 

that relate to Emergency Orders that 

were submitted by Texas on August 31, 

1993; December 10, 1998; February 1, 

2006; and July 17, 2006. EPA is 

proposing disapproval of these revisions 

because these regulations do not meet 

the requirement of the Clean Air Act 

(the ‘‘Act’’ or ‘‘CAA’’), EPA regulations, 

and applicable policy and guidance. 

EPA is proposing this action under 

section 110 and parts C and D of Title 

I of the Act. EPA is returning the nonair portions of the aforementioned SIP 

submittals to the State because these 

provisions cannot be included in the 

SIP. 

DATES: Comments must be received on 

or before March 7, 2013. 

ADDRESSES: Submit your comments 

identified by Docket ID No. EPA–R06– 

OAR–2006–0600 by one of the following 

methods: 

(1) Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

(2) Email: Ms. Ashley Mohr at 

mohr.ashley@epa.gov. 

(3) Fax: Ms. Ashley Mohr, Air Permits 

Section (6PD–R), at fax number 214– 

665–6762. 

(4) Mail: Ms. Ashley Mohr, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(5) Hand or Courier Delivery: Ms. 

Ashley Mohr, 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 of 8:30 

a.m. and 4:30 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–2006– 

0600. 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 

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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 email. The 

http://www.regulations.gov web site is 

an ‘‘anonymous access’’ system, which 

means that EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov 

your email 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 http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

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 Freedom of 

Information Act 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 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 (TCEQ), Office 

of Air Quality, 12124 Park 35 Circle, 

Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Mohr, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733; telephone 

(214) 665–7289; fax number (214) 665– 

6762; email address 

mohr.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is 

used, we mean EPA. 

Table of Contents 

I. Background 

II. What is EPA’s evaluation of the Texas 

Emergency Orders Program? 

A. Does the Emergency Orders Program 

meet the requirements for projects that 

are subject to New Source Review (NSR)? 

1. Summary of the Federal Program for 

Major NSR 

2. What is EPA’s evaluation? 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On August 31, 1993, TCEQ submitted 

its regulations for Emergency Orders. 

Revisions to these regulations were 

submitted on December 10, 1998; 

February 1, 2006; and July 17, 2006. The 

pending SIP revisions are summarized 

in Tables 1 and 2 below. Additional 

information is included in the Technical 

Support Document (TSD) for this action, 

which is in the docket. 

TABLE 1—SUMMARY OF PENDING SIP SUBMITTALS ADDRESSED IN THIS ACTION

Description of SIP submittal 

Date 

submitted to 

EPA 

Date 

adopted by 

State 

Date 

effective as 

State rule 

Sections related to emergency orders 

Original Recodification of Chapter 116 ................ 8/31/1993 8/16/1993 9/13/1993 Chapter 116: Submittal of sections 116.410 

through 116.418. 

Emergency and Temporary Orders ...................... 12/10/1998 11/18/1998 12/10/1998 Chapter 35: Submittal of sections 35.1–35.3, 

35.11–35.13, 35.21–35–30, and 35.801– 

35.809 

Chapter 116: Revisions to section 116.410; Repeal of sections 116.411–116.418, which were 

replaced by sections 35.802–35.809 

Federal New Source Review Permits Rules ........ 2/1/2006 1/11/2006 2/1/2006 Chapter 116: Recodification of § 116.410 to 

§ 116.1200. 

Revision to Provisions for Emergency Orders ..... 7/17/2006 6/28/2006 7/19/2006 Chapter 35: Revisions to sections 35.801, 

35.802, 35.804, 35.805, 35,807, and 35.808. 

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TABLE 2—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED

Section—title 

Date 

submitted to 

EPA 

Adopted by 

State 

Effective as 

State rule Comments 

30 TAC Chapter 35—Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permits Conditions 

Subchapter A—Purpose, Applicability, and Definitions 

Section 35.1—Purpose ......................................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.2—Applicability ................................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.3—Definitions ..................................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Subchapter B—Authority of the Executive Director 

Section 35.11—Purpose and Applicability ........... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.12—Authority of the Executive Director.12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.13—Eligibility of the Executive Director.12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Subchapter C—General Provisions 

Section 35.21—Action by the Commission or Executive Director.12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.22—Term and Renewal of Orders ..... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

§ 35.23—Effect of Orders ..................................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.24—Application for Emergency or 

Temporary Orders.

12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.25—Notice and Opportunity for Hearing.12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.26—Contents of Emergency or Temporary Orders.12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.27—Hearing Required ........................ 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.28—Hearing Requests ....................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

§ 35.29—Procedures for a Hearing ...................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Section 35.30—Application Fees ......................... 12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

Subchapter K—Air Orders 1

Section 35.801—Emergency Orders Because of 

Catastrophe.

12/10/1998 

7/17/2006 

11/18/1998 

6/28/2006 

12/10/1998 

7/19/2006 

Initial adoption. 

Revisions to section 35.801. 

§§ 35.802—Application for an Emergency Order 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.411. 

12/10/1998 11/18/1998 12/10/1998 • Redesignated to section 35.802; 

• Revisions to introductory paragraph; 

• Revisions to paragraphs (1)–(8); 

• New paragraph (9); and 

• Redesignate former paragraph (9) to paragraph (10) with revisions. 

7/17/2006 6/28/2006 7/19/2006 Revisions to introductory paragraph (1) and 

paragraph (5). 

Section 35.803—Public Notification ..................... 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.412 

12/10/1998 11/18/1998 12/10/1998 • Redesignated to section 35.803; and 

• Revisions to introductory paragraph. 

Section 35.804—Issuance of an Emergency 

Order.

12/10/1998 11/18/1998 12/10/1998 Initial adoption. 

7/17/2006 6/28/2006 7/19/2006 Revision to paragraphs (1) and (1)(C). 

Section 35.805—Contents of an Emergency 

Order.

8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.415. 

12/10/1998 11/18/1998 12/10/1998 Redesignated to section 35.805; and 

Revision to introductory paragraph and paragraphs (1)–(4). 

7/17/2006 6/28/2006 7/19/2006 • Reorganization of paragraph (3) to paragraphs 

(3), (3)(A), and (3)(B); 

• New paragraph 3)(C); 

• New paragraph (4); and 

• Redesignation of existing paragraph (4) to 

paragraph (5) with revisions. 

Section 35.806—Requirement to Apply for a Permit or Modification.8/31/1993 8/16/1993 9/13/1993 Initial adoption as § 116.416. 

12/10/1998 11/18/1998 12/10/1998 • Redesignated to section 35.806; and 

• Revisions to introductory paragraph. 

Section 35.807—Affirmation of an Emergency 

Order.

8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.414. 

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1On August 18, 1993, sections 116.411 through 

116.418 were adopted under Chapter 116, 

Subchapter E—Emergency Orders. On November 

18, 1998, these regulations were replaced with 

sections 35.802 through 35.809 and placed in 

Chapter 35, Subchapter K. 

TABLE 2—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED—Continued 

Section—title 

Date 

submitted to 

EPA 

Adopted by 

State 

Effective as 

State rule Comments 

12/10/1998 11/18/1998 12/10/1998 • Redesignated to section 35.807; and 

• Revisions to the introductory paragraph, paragraphs (1)–(3); 

• New paragraph (4); 

• Redesignation of former (4)–(5) to paragraphs 

(5)–(6) with revisions. 

7/17/2006 6/28/2006 7/19/2006 • Revisions to paragraph (1). 

• Reorganization of paragraph (5) into paragraphs (5), (5)(A), and (5)(B); and 

• New paragraph (5)(C). 

Section 35.808—Modification of an Emergency 

Order.

8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.417. 

12/10/1998 11/18/1998 12/10/1998 • Redesignated to section 35.808; and 

• Revisions to paragraphs (1)–(3). 

7/17/2006 6/28/2006 7/19/2006 Revision to paragraph (1). 

Section 35.809—Setting Aside an Emergency 

Order.

8/31/1993 8/16/1993 9/13/1993 Adopted as § 116.418. 

12/10/1998 11/18/1998 12/10/1998 • Redesignated to section 35.809; and 

• Revision to introductory paragraph. 

30 TAC Chapter 116—Control of Air Pollution by Permits for New Construction or Modification 

Subchapter K—Emergency Orders 

Section 116.1200—Applicability ........................... 8/31/1993 8/16/1993 9/13/1993 Initial adoption as section 116.410. 

12/10/1998 11/18/1998 12/10/1998 Revised introductory paragraph. 

2/1/2006 1/11/2006 2/1/2006 Redesignated to section 116.1200. 

In general, the regulations governing 

Emergency Orders are found in 30 TAC 

Chapter 35—Emergency and Temporary 

Orders and Permits; Temporary 

Suspension or Amendment of Permit 

Conditions. These regulations provide 

the process by which the Texas 

Commission on Environmental Quality 

(TCEQ) may issue a Temporary Order, 

Emergency Order, Mandatory Order, 

Permissive Order, and Prohibitory Order 

and include provisions that apply to 

both air orders and non-air orders. As 

part of this action, we are reviewing 

only those portions that are applicable 

to the issuance of air Emergency Orders. 

Under the CAA, SIPs can only include 

provisions addressing criteria pollutants 

and their precursors, so the portions of 

the Texas submittals related to non-air 

orders cannot be included in the SIP. 

Therefore, EPA is returning the non-air 

portions of the aforementioned 

submittals to the State. 

Under the provisions in 30 TAC 

Chapter 35, the TCEQ may issue an 

Emergency Order under its air quality 

program which authorizes immediate 

action for the addition, replacement, or 

repair of facilities, control equipment, or 

the repair or replacement of roads, 

bridges, and other infrastructure 

whenever a catastrophe necessitates 

such construction and emissions 

otherwise precluded under the Texas 

Clean Air Act. See 30 TAC 35.801. 

Additional information on these 

regulations, and the specific provisions 

included in the regulations, is provided 

in TSD for this action. 

Today, EPA proposes to disapprove 

the regulations identified in Table 2 

above, except for provisions that do not 

relate to the air quality requirements of 

the Act. EPA is returning the following 

non-air portions of the submitted rules 

to the State: 30 TAC 35.13; 35.24(b) and 

(e)(6)–(7); and 35.25(e)(1)–(8) and (11)– 

(15). While we are proposing 

disapproval of the Emergency Orders 

Program, EPA does recognize the merits 

of such a state-only Program that allows 

for application review and order 

issuance to authorize proposed actions 

following catastrophes that often 

necessitate immediate action by owners 

and operators to minimize additional 

downstream impacts resulting from the 

catastrophe. Texas’s Emergency Orders 

Program does allow for coordination 

between the source and the TCEQ to 

facilitate expedited review while 

maintaining a review process, as 

described in the June 17, 2006 SIP 

submittal. Other State and local 

agencies operate programs similar to the 

Emergency Orders program. In these 

cases, the regulations containing the 

provisions related to those programs are 

located within the states’ air quality 

permitting regulations, not in the SIP. 

EPA may exercise its enforcement 

discretion on a case-by-case basis to 

evaluate the owner or operator’s 

proposed action in response to a 

catastrophe and utilizes enforcement 

discretion to allow for appropriate 

immediate actions to minimize impacts 

and restore the sources to full operation. 

II. What is EPA’s evaluation of the 

Texas Emergency Orders Program? 

A. Does the Emergency Orders Program 

meet the requirements for projects that 

are subject to New Source Review 

(NSR)? 

The Emergency Orders Program could 

be used to authorize construction via 

the issuance of an Order prior to a 

source submitting an application for a 

NSR preconstruction permit. The issued 

Emergency Order is an interim 

authorization for the emissions of air 

contaminants that are associated with 

the construction or modification of any 

source or facility in response to a 

catastrophe, as defined in 30 TAC 

35.801. Under the Emergency Orders 

Program, an owner or operator can 

apply for an Emergency Order that 

would ‘‘authorize immediate action for 

the addition, replacement, or repair of 

facilities or control equipment, or the 

repair or replacement of roads, bridges, 

or other infrastructure, and authorizing 

associated emissions of air 

contaminants.’’ See 30 TAC 35.801. 

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2 In certain nonattainment areas, the CAA 

specifies lower thresholds based upon the degree of 

nonattainment. See CAA at §§ 182(c), (d), and (d); 

187(c)(1); and 189(b)(3). See 40 CFR 

51.165(a)(1)(iv). Also, in a PSD area, under the CAA 

§ 169(1), a major stationary source is either 100 tons 

per year or more if the source belongs to a category 

identified in the definition, otherwise it is major if 

it emits or has the potential to emit 250 tons per 

year or more. See 40 CFR 51.166(b)(1). 

1. Summary of the Federal Program for 

Major NSR 

The requirements for Major NSR are 

in Title I, Parts C and D of the CAA and 

in 40 CFR 51.165 and 51.166 and apply 

to the construction and modification of 

major stationary sources. The Major 

NSR requirements apply to projects that 

would be new major stationary sources 

and projects that would be major 

modifications under the requirements 

for Prevention of Significant 

Deterioration (PSD) under 40 CFR 

51.166 and the requirements for 

Nonattainment Area New Source 

Review (NNSR) under 40 CFR 51.165. 

The requirements for Major NSR 

apply to the construction or 

modification of stationary sources 

which emit, or have the potential to 

emit a regulated NSR pollutant at 

greater than 100 tons per year for most 

stationary sources. See CAA § 302(j).2

Major NSR is required under two 

programs as described below: 

Prevention of Significant 

Deterioration (PSD). The requirements 

for PSD are under the CAA Title I, Part 

C and under 40 CFR 51.166. PSD 

applies to the construction and 

modification of major stationary sources 

for the emissions of any pollutant for 

which the region (or portion thereof) is 

designated attainment or unclassifiable. 

See CAA at § 161 and 40 CFR 

51.166(a)(7)(i). Requirements of the PSD 

Permitting Program include the 

following: 

• The PSD permit must be issued 

prior to commencement of construction 

and set forth emission limitations which 

conform to the CAA. CAA § 165(a)(1) 

and 40 CFR 51.166(a)(7). 

• The proposed permit has been 

subject to review in accordance with 

CAA requirements and the regulations 

promulgated under CAA, and the permit 

has been subject to public hearing and 

opportunity for interested persons to 

submit comments. CAA § 165(a)(2) and 

40 CFR 51.166(a)(7) & (q). 

• The emissions from the 

construction or operation of the source 

will not cause, or contribute to, air 

pollution in excess of the following: (1) 

Maximum allowable increase or 

maximum allowable concentration for 

any pollutant in any area in which PSD 

applies; (2) National Ambient Air 

Quality Standard; and (3) Any other 

applicable emission standard or 

standard of performance under the Act. 

CAA § 165(a)(3) and 40 CFR 51.166(c). 

• The source is subject to best 

available control technology and the 

permitted emissions represent that 

technology. CAA § 165(a)(4) and 

51.166(j). 

• The requirements for protection of 

Class I areas have been met by the 

source. CAA § 165(a)(5) and 40 CFR 

51.166(p). 

• There has been an analysis of the 

air quality impacts projected to occur as 

the result of growth associated with the 

source. CAA § 165(a)(6) and 40 CFR 

51.166(o). 

• Monitoring has been conducted, as 

necessary, to determine the effect which 

emissions from any such facility may 

have, or is having, on air quality in any 

area which may be affected by 

emissions from such source. CAA 

§ 165(a)(7) and 40 CFR 51.166(m). 

• Specific requirements applicable to 

source proposed to be located in Class 

III areas have been met by the source. 

CAA § 165(a)(8). 

Nonattainment New Source Review 

(NNSR). The requirements for NNSR are 

under the CAA Title I, Part D and under 

40 CFR 51.165. NNSR applies to the 

construction and modification of major 

stationary sources for the emissions of 

any pollutant for which the region (or 

portion thereof) is designated 

nonattainment. See CAA at § 172(c)(5) 

and 40 CFR 51.165(a)(2)(i). 

Requirements of the NNSR Program 

include the following: 

• Emission increases must be offset 

by reductions that are greater than the 

increase. CAA § 173(a)(1). 

• The proposed source is required to 

comply with lowest achievable emission 

rate. CAA § 173(a)(2). 

• The owner or operator must 

demonstrate that all major stationary 

sources owned by such person (or 

entity) are in compliance, or on a 

schedule for compliance, with all 

applicable emission limitations and 

standards under the Act. CAA 

§ 173(a)(3). 

• EPA has not determined that the 

State is not adequately implementing 

the SIP for the nonattainment area in 

which the proposed source is to be 

constructed or modified. CAA 

§ 173(a)(4). 

• An analysis of alternative sites, 

sizes, production processes, and 

environmental control techniques for 

such proposed source demonstrates that 

benefits of the proposed source 

significantly outweigh the 

environmental and social costs imposed 

as a result of its location, construction, 

or modification. CAA § 173(a)(5). 

The PSD and NNSR Programs each 

require a new major stationary source or 

major modification to obtain a 

preconstruction permit prior to 

commencing construction. For PSD see 

CAA at § 165(a)(1) and 40 CFR 

51.166(a)(7)(iii). For NNSR see CAA 

§ 172(c)(5) and 40 CFR 51.165(a)(2)(i)– 

(iii). Accordingly, a new or modified 

major stationary source or major 

modification may not be constructed 

without a permit that meets the 

requirements of the applicable Major 

NSR Program. 

2. What is EPA’s evaluation? 

As discussed in detail in the TSD for 

this action, in the July 17, 2006 SIP 

submittal TCEQ characterizes its 

Emergency Orders Program as a program 

which ‘‘contemplate(s) and call(s) for a 

comprehensive technical review.’’ 

However, notwithstanding the fact that 

TCEQ states that the ‘‘comprehensive 

review’’ for an Emergency Order is at 

least as comprehensive as the TCEQ’s 

review of permit applications, the 

Emergency Orders Program does not 

meet all the requirements applicable to 

NSR. Specifically, the issuance of 

Emergency Orders to projects that are 

subject to Major NSR fail to meet the 

requirements of the Clean Air Act and 

the implementing regulations as 

follows: 

• The Emergency Orders Program 

does not satisfy the public participation 

required for NSR at the time the 

Emergency Order is issued. Public 

participation requirements that are 

applicable to projects that are subject to 

Major NSR are not met prior to the 

issuance of the Emergency Order, which 

would authorize the construction of 

such projects. Instead, the applicable 

public participation for Major NSR 

projects will take place after the 

issuance of the Emergency Order when 

the applicant submits their application 

for a Major NSR permit. The source has 

60 days following the issuance of the 

Emergency Order to submit the permit 

application. See 30 TAC 35.806. 

Meanwhile, the applicant is authorized 

by the Emergency Order to begin 

construction of the Major NSR project 

prior to permit application submission 

and permit issuance. Consequently, the 

public is not afforded an opportunity to 

review and comment on the proposed 

project (as required under the CAA and 

implementing regulations) until after 

construction has begun; thus the public 

has not been provided meaningful 

opportunity to participate prior to 

commencement of construction of the 

Major NSR project. See 40 CFR 51.161 

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3The Minor NSR requirements for public 

participation are found at 40 CFR 51.161, and 

require prior to construction or modification the 

availability for public inspection of information 

regarding the construction (including the State’s 

analysis of the effect on air quality), a 30-day period 

for submittal of public comment, and a notice by 

prominent advertisement in the area affected. EPA 

recognizes a state’s ability to tailor the scope of its 

Minor NSR program as necessary to achieve and 

maintain the NAAQS. See 77 FR 74140. 

4Administrative Compliance Order dated 

September 28, 2005 issued by the EPA Region 6 

Compliance Assurance and Enforcement Division to 

Georgia Pacific for the Port Hudson facility. 

5Administrative Compliance Order dated 

November 17, 2005 issued by the EPA Region 6 

Compliance Assurance and Enforcement Division to 

the Municipality of Chambers County. 

6No Action Assurance dated November 2, 2012 

issued by the EPA Assistant Administrator to the 

states of New York and New Jersey. Available at: 

http://www.epa.gov/enforcement/air/documents/ 

policies/mobile/naa-vaporrecovery.pdf. 

and 51.166(q). It is important to note, 

that while we are evaluating the 

Emergency Orders Program against the 

Major NSR requirements, the Minor 

NSR Program also requires public 

participation as part of the construction 

permitting process.3

• The Emergency Orders Program 

does not meet the requirement that a 

NSR permit be issued prior to the 

commencement of construction of a 

Major Source. The CAA contemplates a 

Major NSR permit that is issued as a 

final authorization that certifies that the 

Major NSR permit meets all the 

requirements of PSD and NNSR. See 

CAA at section 165(a) and 173(a) and 40 

CFR 51.165(a)(2)(i) through (ii), and 

51.166(a)(7)(i) through (v). In contrast, 

the Emergency Order is an interim 

authorization for immediate action, 

including construction, following a 

catastrophe and is not a final issued 

Major NSR permit. Notwithstanding the 

fact that the TCEQ conducts a review of 

Emergency Order applications, which 

TCEQ characterized as being equivalent 

to the technical review of a permit, as 

discussed above, the technical review 

does not include all required 

preconstruction review elements and 

the issued order is an interim 

authorization and not a final issued 

Major NSR permit. The Emergency 

Orders Program does require that a 

source submit an application for any 

necessary air permits, including Major 

NSR permits, within 60 days following 

the issuance of an Emergency Order. See 

30 TAC 35.806. These permits are 

required to be applied for and issued in 

accordance with the applicable New 

Source Review requirements. However, 

the New Source Review permitting 

would occur following the 

commencement of construction at the 

source. Therefore, the Emergency 

Orders Program does not meet the CAA 

requirement that the Major NSR permit 

be issued prior to a source commencing 

construction. For PSD see CAA at 

§ 165(a)(1) and 40 CFR 51.166(a)(7)(iii). 

For NNSR see CAA § 172(c)(5) and 40 

CFR 51.165(a)(2)(i)–(iii). 

Based on our review of the Emergency 

Orders Program, which includes 

authorizations of NSR actions, and 

comparison with the applicable 

requirements for Major NSR, we are 

proposing to disapprove the Program on 

the basis that it does not meet all 

applicable requirements. While we are 

proposing disapproval of the Emergency 

Orders Program, EPA would like to 

recognize the merits of having a stateonly Program that allows for application 

review and order issuance to authorize 

proposed actions following catastrophes 

that often necessitate immediate action 

by owners and operators to minimize 

additional downstream impacts 

resulting from the catastrophe. Texas’s 

Emergency Orders Program does allow 

for coordination between the source and 

the TCEQ to facilitate expedited review 

while maintaining a review process, as 

described in the June 17, 2006 SIP 

submittal. 

Other State and local agencies operate 

programs similar to the Emergency 

Orders Program to allow for the 

authorization of owners and operators to 

take immediate actions, including 

construction, following catastrophes 

that include natural disasters, such as 

hurricanes, floods, and earthquakes, and 

plant fires or explosions. In these cases, 

the regulations containing the 

provisions related to the program 

operated by the State or local agency are 

located within the states’ air quality 

permitting regulations, not in the SIP, 

and EPA may exercise enforcement 

discretion on a case-by-case basis to 

evaluate the owner or operators’ 

proposed actions in response to 

catastrophe. For example, in 2005, the 

EPA Region 6 office utilized 

enforcement discretion to allow 

facilities impacted by Hurricane Rita to 

take appropriate immediate actions to 

bring the sources back up to full 

operation and minimize additional 

impacts resulting from the catastrophe. 

In this case, EPA issued Administrative 

Compliance Orders after conducting 

case-by-case review of the proposed 

actions at a particular facility.4 5 More 

recently, EPA has exercised 

enforcement discretion in response to 

the impacts caused by Hurricane Sandy 

in both Regions 1 and 2. Following this 

natural disaster, EPA issued a No Action 

Assurance to allow loading and 

unloading of fuel at bulk gasoline and 

marine loading terminals and associated 

truck loading racks in New York and 

New Jersey without the required vapor 

recovery/combustion if the facility was 

not equipped with this control 

equipment or the equipment had been 

damaged by Sandy.6 EPA exercised its 

enforcement discretion by issuing a No 

Action Assurance to address severe fuel 

shortages resulting from Hurricane 

Sandy’s impacts. In each of the 

examples here, and in fact in any 

disaster situation, EPA has acted very 

quickly to gather facts and take 

appropriate action, so that critical 

systems are not impeded from operating 

as a result of the catastrophe. 

While we are proposing disapproval 

of the Emergency Orders Program on the 

basis that the Program does not meet the 

necessary federal requirements for 

approval into the Texas SIP, this 

proposed action will not impact how 

the TCEQ has been operating the 

Program in response to catastrophes 

since the Program’s original adoption 

into the State’s regulations in August 

1993. EPA will continue to exercise 

enforcement discretion on a case-bycase basis for actions proposed by 

sources in Texas in response to 

catastrophes, while the TCEQ continues 

to rely upon the technical review 

process provided by the Emergency 

Orders Program to ensure that the 

proposed actions are consistent with the 

applicable State requirements and will 

not interfere with the attainment or 

maintenance of national ambient air 

quality standards or violate applicable 

portions of the control strategy. 

III. Proposed Action 

Under section 110(k)(3) of the Act, 

and for the reasons stated above, EPA 

proposes to disapprove the following 

revisions to the Texas SIP. 

• New 30 TAC 35.1—Purpose— 

submitted December 10, 1998. 

• New 30 TAC 35.2—Applicability— 

submitted December 10, 1998. 

• New 30 TAC 35.3—Definitions— 

submitted December 10, 1998. 

• New 30 TAC 35.11—Purpose and 

Applicability—submitted December 10, 

1998. 

• New 30 TAC 35.12—Authority of 

the Executive Director—submitted 

December 10, 1998. 

• New 30 TAC 35.21—Action by the 

Commission or Executive Director— 

submitted December 10, 1998. 

• New 30 TAC 35.22—Term and 

Renewal of Orders—submitted 

December 10, 1998. 

• New 30 TAC 35.23—Effect of 

Orders—submitted December 10, 1998. 

• New 30 TAC 35.24—Application 

for Emergency or Temporary Orders— 

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submitted December 10, 1998. No action 

is proposed on subsection (b) and 

paragraphs (e)(6)–(7) which are outside 

the scope of the SIP. 

• New 30 TAC 35.25—Notice and 

Opportunity for Hearing—submitted 

December 10, 1998. No action is 

proposed on paragraphs (e)(1)–(8) and 

(11)–(15) which are outside the scope of 

the SIP. 

• New 30 TAC 35.26—Contents of 

Emergency or Temporary Order— 

submitted December 10, 1998. 

• New 30 TAC 35.27—Hearing 

Required—submitted December 10, 

1998. 

• New 30 TAC 35.28—Hearing 

Requests—submitted December 10, 

1998. 

• New 30 TAC 35.29—Procedures for 

a Hearing—submitted December 10, 

1998. 

• New 30 TAC 35.30—Application 

Fees—submitted December 10, 1998. 

• New 30 TAC 35.801—Emergency 

Orders Because of a Catastrophe— 

submitted December 10, 1998; revision 

submitted July 17, 2006. 

• New 30 TAC 35.802—Applications 

for an Emergency Order—submitted 

August 31, 1993 (as 30 TAC 116.411); 

revision submitted December 10, 1998 

(as redesignated to 30 TAC 35.802); 

revision submitted July 17, 2006. 

• New 30 TAC 35.803—Public 

Notification—submitted August 31, 

1993 (as 30 TAC 116.412); and revision 

submitted December 10, 1998 (as 

redesignated to 30 TAC 35.803). 

• New 30 TAC 35.804—Issuance of 

an Emergency Order—submitted 

December 10, 1998; revision submitted 

July 17, 2006. 

• New 30 TAC 35.805—Contents of 

an Emergency Order—submitted August 

31, 1993 (as 30 TAC 116.415); revision 

submitted December 10, 1998 (as 

redesignated to 30 TAC 35.805); 

revision submitted July 17, 2006. 

• New 30 TAC 35.806—Requirement 

to Apply for a Permit or Modification— 

submitted August 31, 1993 (as 30 TAC 

116.416); revision submitted December 

10, 1998 (as redesignated to 30 TAC 

35.806). 

• New 30 TAC 35.807—Affirmation 

of an Emergency Order—submitted 

August 31, 1993 (as 30 TAC 116.414); 

revision submitted December 10, 1998 

(as redesignated to 30 TAC 35.807); 

revision submitted July 17, 2006. 

• New 30 TAC 35.808—Modification 

of an Emergency Order—submitted 

August 31, 1993 (as 30 TAC 116.417); 

revision submitted December 10, 1998 

(as redesignated to 30 TAC 35.808); 

revision submitted July 17, 2006. 

• New 30 TAC 35.809—Setting Aside 

an Emergency Order—submitted August 

31, 1993 (as 30 TAC 116.418); revision 

submitted December 10, 1998 (as 

redesignated to 30 TAC 35.809). 

• New 30 TAC 116.1200— 

Applicability—submitted August 31, 

1993 (as 30 TAC 116.411); revisions 

submitted December 10, 1998; revision 

submitted February 1, 2006 (as 

redesignated to 30 TAC 116.1200). 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., because this 

proposed SIP disapproval under section 

110 and subchapter I, part D of the 

Clean Air Act will not in-and-of itself 

create any new information collection 

burdens but simply disapproves certain 

State requirements for inclusion into the 

SIP. Burden is defined at 5 CFR 

1320.3(b). 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. For 

purposes of assessing the impacts of 

today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant impact on a 

substantial number of small entities. 

This rule does not impose any 

requirements or create impacts on small 

entities. This proposed SIP disapproval 

under section 110 and subchapter I, part 

D of the Clean Air Act will not in-andof itself create any new requirements 

but simply disapproves certain State 

requirements for inclusion into the SIP. 

Accordingly, it affords no opportunity 

for EPA to fashion for small entities less 

burdensome compliance or reporting 

requirements or timetables or 

exemptions from all or part of the rule. 

The fact that the Clean Air Act 

prescribes that various consequences 

(e.g., higher offset requirements) may or 

will flow from this disapproval does not 

mean that EPA either can or must 

conduct a regulatory flexibility analysis 

for this action. Therefore, this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

We continue to be interested in the 

potential impacts of this proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 ‘‘for State, local, or tribal 

governments or the private sector.’’ EPA 

has determined that the proposed 

disapproval action does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 

to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. This action proposes to 

disapprove pre-existing requirements 

under State or local law, and imposes 

no new requirements. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector, 

result from this action. 

E. Executive Order 13132, Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

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government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

merely disapproves certain State 

requirements for inclusion into the SIP 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (59 FR 22951, November 9, 

2000), because the SIP EPA is proposing 

to disapprove would not 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. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it 

because it is not an economically 

significant regulatory action based on 

health or safety risks subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997).This proposed SIP 

disapproval under section 110 and 

subchapter I, part D of the Clean Air Act 

will not in-and-of itself create any new 

regulations but simply disapproves 

certain State requirements for inclusion 

into the SIP. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

The EPA believes that this action is 

not subject to requirements of Section 

12(d) of NTTAA because application of 

those requirements would be 

inconsistent with the Clean Air Act. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

proposed action. In reviewing SIP 

submissions, EPA’s role is to approve or 

disapprove state choices, based on the 

criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to disapprove certain State 

requirements for inclusion into the SIP 

under section 110 and subchapter I, part 

D of the Clean Air Act and will not inand-of itself create any new 

requirements. Accordingly, it 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Carbon monoxide, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Sulfur oxides, Volatile organic 

compounds. 

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

Dated: January 28, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2013–02499 Filed 2–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0913; FRL–9775–7] 

Partial Disapproval of State 

Implementation Plan; Arizona; 

Regional Haze Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

disapprove in part revisions to the 

Arizona State Implementation Plan (SIP) 

to implement the regional haze program 

addressing visibility impairment in 

mandatory Class I areas covered by the 

requirements related to the Grand 

Canyon Visibility Transport 

Commission, an optional program for 

certain western states. These SIP 

revisions were submitted to address the 

requirements of the Clean Air Act (CAA 

or Act) requiring states to prevent any 

future and remedy any existing 

impairment of visibility in mandatory 

Class I areas caused by man-made 

pollution. We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Any comments must be received 

on or before March 7, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0913, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

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