Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 26251 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB), as ‘‘any regulatory action 

that is likely to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or the private sector. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.009, Veterans Medical Care Benefits 

and 64.010, Veterans Nursing Home 

Care. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Jose 

D. Riojas, Interim Chief of Staff, 

Department of Veterans Affairs, 

approved this document on April 30, 

2013 for publication. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs-health, 

Government programs-veterans, Health 

care, Health facilities, Health 

professions, Health records, Homeless, 

Medical and dental schools, Medical 

devices, Medical research, Mental 

health programs, Nursing homes, 

Veterans. 

Dated: May 1, 2013. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 17 as 

follows: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

§ 17.56 [Amended] 

■ 2. Amend § 17.56(a) introductory text 

by removing ‘‘and except for noncontractual payments for home health 

services and hospice care’’. 

[FR Doc. 2013–10694 Filed 5–3–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0494; FRL–9808–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to Control of Air Pollution 

from Nitrogen Compounds from 

Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to approve revisions to the Texas 

State Implementation Plan (SIP), 30 

TAC, Chapter 117 Control of Air 

Pollution from Nitrogen Compounds. 

These revisions concern two separate 

actions. First, we are approving 

revisions to Texas SIP, Chapter 117 

emissions specifications for lean burn 

engines fired on landfill or other biogas 

at minor sources of Nitrogen Oxides 

(NOx). Second, we are approving 

revisions to Texas SIP, Chapter 117 to 

include low temperature drying and 

curing ovens used in wet-laid nonwoven fiber mat manufacturing 

operations when nitrogen containing 

resins or other additives are used. These 

two actions affect NOx sources 

operating in the Dallas Fort-Worth 

(DFW) 1997 8-hour ozone 

nonattainment area. The EPA is 

approving these two actions pursuant to 

section 110 of the Federal Clean Air Act 

(CAA, Act). 

DATES: This direct final rule will be 

effective July 5, 2013 without further 

notice unless EPA receives adverse 

comments by June 5, 2013. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No EPA–R06– 

OAR–2011–0494, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

• Follow the online 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. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email 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, 


pmangrum on DSK3VPTVN1PROD with RULES
26252 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2011–0494. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal 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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through 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 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 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 during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality (TCEQ), Office of Air Quality, 

12124 Park 35 Circle, Austin, Texas 

78753. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar, Air Planning Section (6PD– 

L), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

214–665–6691; fax number 214–665– 

7263; email address shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. 

Outline 

I. Background 

A. What actions are we taking? 

B. What is EPA’s evaluation of these 

revisions? 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

A. What actions are we taking? 

1. Lean Burn Engines 

We previously approved the revisions 

to 30 TAC, Chapter 117 Control of Air 

Pollution from Nitrogen Compounds on 

December 3, 2008 at 73 FR 73562. We 

received a SIP submittal package, with 

a letter dated May 18, 2011, from TCEQ 

requesting approval of a revision to 30 

TAC, Chapter 117, Subchapter D, 

Combustion Control at Minor Sources in 

Ozone Nonattainment Areas, Division 2, 

Dallas Fort-Worth Eight-Hour Ozone 

Nonattainment Area Minor Sources. 

This revision specifically concerns 

section 117.2110(a)(1)(B)(ii)(I). The 

adopted revisions expand the emission 

specification for lean-burn engines fired 

on landfill gas to include lean-burn 

engines fired on biogas at minor sources 

of nitrogen oxides (NOx) in the DFW 

1997 eight-hour ozone nonattainment 

area. The adopted rule revision will 

require owners or operators of stationary 

gas-fired, lean-burn internal combustion 

engines fired on biogas fuels other than 

landfill gas that are installed, modified, 

reconstructed, or relocated on or after 

June 1, 2007, to comply with a NOx 

emission limit of 0.60 grams per 

horsepower-hour (g/hp-hr). The State’s 

adopted rule was published on May 6, 

2011 at 36 Texas Register 2855. By 

adopting the emission specification of 

0.60 g/hp-hr in section 

117.2110(a)(1)(B)(ii)(I) for the DFW area, 

the rule will become consistent with the 

emissions specification for this category 

of engines operating in the HoustonGalveston-Brazoria (HGB) 1997 8-hour 

ozone nonattainment area. The revision 

will provide for consistency and 

operational flexibility for this category 

of engines operating in the DFW 1997 

eight-hour ozone nonattainment area. 

We are approving these SIP revisions 

pursuant to section 110 of the CAA. For 

more information see section 1 of the 

Technical Support Document (TSD) we 

have prepared in conjunction with this 

rulemaking action. 

2. Low Temperature Drying and Curing 

Ovens 

We previously approved the revisions 

to 30 TAC, Chapter 117 Control of Air 

Pollution from Nitrogen Compounds on 

December 3, 2008 at 73 FR 73562. We 

received a SIP submittal package, with 

a letter dated February 2, 2010, from 

TCEQ requesting approval of a revision 

to 30 TAC, Chapter 117, Subchapter B, 

Combustion Control at Major Industrial, 

Commercial, and Institutional Sources 

in Ozone Nonattainment Areas; Division 

4, Dallas Fort-Worth Eight-Hour Ozone 

Nonattainment Area Major Sources. 

This revision specifically concerns 

section 117.403(a)(12). The state 

adopted a rule revision to Chapter 117 

to expand the existing exemption from 

the current SIP-approved rule to include 

low-temperature drying ovens and 

curing ovens used in wet-laid, nonwoven fiber mat manufacturing as well 

as low-temperature drying ovens used 

in mineral wool-type fiberglass 

manufacturing. The rule revision will 

amend the rule language from 

‘‘nitrogen-bound chemical additives’’ to 

‘‘nitrogen-containing resins, or other 

additives.’’ The State’s adopted rule was 

published on January 29, 2010 at 35 

Texas Register 649. 

This revision to section 117.403(a)(12) 

will clarify that nitrogen-containing 

resins would qualify for an exemption 

because resins might not always be 

considered an additive. The revision 

will provide for operational flexibility 

and clarification to the rule language for 

this category of ovens operating in the 

DFW 1997 eight-hour ozone 

nonattainment area. We are approving 

these SIP revisions pursuant to section 

110 of the CAA. See section 2 of the 

TSD we have prepared in conjunction 

with this rulemaking action for more 

information. 

The EPA is publishing this rule 

without prior proposal because we view 

this as a noncontroversial amendment 

and anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 26253 

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 July 5, 

2013 without further notice unless we 

receive relevant adverse comments by 

June 5, 2013. 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 then 

address all public comments in a 

subsequent final rule based on the 

proposed rule. However, 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 an 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. 

B. What is EPA’s evaluation of these 

revisions? 

1. Lean Burn Engines 

The existing NOx emission 

specification in section 

117.2110(a)(1)(B)(ii)(II) for gas-fired 

lean-burn engines using gaseous fuels 

other than landfill gas that are installed, 

modified, reconstructed, or relocated on 

or after June 1, 2007, is 0.50 g/hp-hr. 

Landfill gas and other biogas are 

produced from anaerobic digestion or 

decomposition of organic matter and 

have similar fuel and combustion 

characteristics. Both landfill gas and 

other biogas, at times, contain 

contaminants such as sulfur, chlorine, 

and silicon. Therefore, engines fired on 

landfill gas and other biogas can have 

technological feasibility issues with 

regard to the installation or employment 

of a NOx control catalyst due to the 

presence of such substances which can 

contribute to catalyst failure or 

deactivation in a matter of hours or 

days. The technological feasibility 

issues related to the installation and 

operation of a NOx control catalyst is 

the basis for the 0.60 g/hp-hr emission 

standard in the current SIP-approved 

rule and the justification for the 

proposed expansion of the existing 

emission specification to include leanburn engines fired on biogas at minor 

sources of NOx in the DFW 1997 8-hour 

ozone nonattainment area. It is 

anticipated that the change in emission 

specification will potentially result in 

0.02 tons per day (tpd) in NOx 

emissions from these engines firing 

biogas. As stated above, by adopting the 

emission specification of 0.60 g/hp-hr in 

section 117.2110(a)(1)(B)(ii)(I) for the 

DFW area, the rule will become 

consistent with the emissions 

specification for this category of engines 

operating in the HGB 1997 8-hour ozone 

nonattainment area. Furthermore, a 

larger amount of NOx would have 

resulted, if a likely alternative such as 

routing the gas to a flare is utilized. 

Given that a) the biogas will be used 

beneficially, b) there are technical 

challenges associated with the use of a 

post combustion control device for these 

engines, and c) only a small amount of 

emissions change (which is to be 

replaced with the surplus NOx 

reductions from the fleet turnover) will 

be at issue; this rule revision is 

acceptable. For this reason, we believe 

this rule revision is not in conflict with 

section 110(l) of the Act, and will not 

interfere with the attainment or 

maintenance of the NAAQS. We have 

evaluated the State’s submittal and have 

determined that the rule revision meets 

the applicable requirements of the CAA 

and EPA air quality regulations. See our 

section 1 of the TSD. The originally 

approved Chapter 117 NOx emissions 

control requirements were part of the 

DFW 8-hour ozone NAAQS attainment 

demonstration plan; therefore, any NOx 

increase, including those resulting from 

adoption of this particular revision to 

section 117.2110(a)(1)(B)(ii)(II), should 

be accounted for and reflected in 

modeling of future DFW attainment 

demonstration plan submittals to EPA. 

2. Low Temperature Drying and Curing 

Ovens 

On December 3, 2008 at 73 FR 73562, 

we approved a revision to Chapter 117, 

Subchapter B, Division 4, Dallas-Fort 

Worth Eight-Hour Ozone Nonattainment 

Area Major Sources, with new emission 

control requirements for major 

Industrial, Commercial, or Institutional 

(ICI) sources of NOX in the DFW 1997 

8-hour ozone nonattainment area. That 

revision to Chapter 117, Subchapter B, 

Division 4 requires owners or operators 

of major ICI sources of NOX in the DFW 

1997 eight-hour ozone nonattainment 

area to reduce NOX emissions from a 

wide variety of stationary sources 

including curing and drying ovens used 

in mineral wool-type fiberglass 

manufacturing operations. The 

December 3, 2008 rulemaking action 

approved into the Texas SIP included 

an addition of a new provision under 

section 117.403(a)(12) to exempt curing 

ovens used in mineral wool-type 

fiberglass manufacturing in which 

nitrogen-bound chemical additives are 

used due to technical feasibility issues 

associated with controlling NOX

emissions from curing ovens of this 

specific operation. TCEQ was petitioned 

by a fiberglass manufacturer stating that 

addition of nitrogen-bound chemical 

additives in its operation contributes to 

the creation of non-combustion-related 

thermal NOX that cannot be controlled 

using the emissions control techniques 

the State has identified as appropriate 

for curing ovens utilized in mineral 

wool-type fiberglass manufacturing 

operations. The amount of NOX emitted 

from curing ovens of this type is 

estimated to be a small contribution to 

the total NOX emissions from this 

industry. As a result of granting the 

petition, approximately 0.1 tpd of NOX

emission reductions will need to be 

replaced in the 2007 DFW 1997 8-hour 

ozone attainment demonstration SIP. 

TCEQ is of the position that the 0.1 tpd 

of NOX reduction can be substituted 

with 0.1 tpd of reductions in NOX from 

the surplus fleet turnover. See section 2 

of the TSD. We have reviewed State’s 

submittal and agree with their reasoning 

to grant the petition, and thus revising 

section 117.403(a)(12). We also believe 

that by substituting the 0.1 tpd of NOX

from the surplus fleet turnover 

reductions the State has adequately 

demonstrated ‘‘non-interference’’ with 

the maintenance and attainment of 

NAAQS under section 110(l) of the Act. 

Therefore, the State’s submittal meets 

the applicable requirements of the CAA 

and EPA air quality regulations. 

II. Final Action 

Today we are approving two separate 

actions. First, we are approving 

revisions to Texas SIP, Chapter 117 

emissions specifications for lean burn 

engines fired on landfill or other biogas 

at minor sources of NOX. Second, we are 

approving revisions to Texas SIP, 

Chapter 117 to include low temperature 

drying and curing ovens used in wetlaid non-woven fiber mat manufacturing 

and wet-laid, non-woven operations 

when nitrogen containing resins or 

other additives are used. Both of these 

actions affect NOX sources operating in 

the DFW 1997 8-hour ozone 

nonattainment area. EPA is approving 

these two actions pursuant to section 

110 of the Act. 

III. 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 


pmangrum on DSK3VPTVN1PROD with RULES
26254 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 

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; 

• 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); 

• 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; and 

• Is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2) under the Congressional 

Review Act, 5 U.S.C. 801 et seq., added 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. 

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 July 5, 2013. 

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) of the Act.) 

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: April 19, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended 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. The table in § 52.2270(c) entitled 

‘‘EPA-Approved Regulations in the 

Texas SIP’’ is ama06my0.006ended as 

follows: 

■ a. By revising the entry for Section 

117.403; 

■ b. By revising the entry for Section 

117.2110. 

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 117—Control of Air Pollution from Nitrogen Compounds 

*******

Subchapter B—Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone Nonattainment Areas 

*******

Division 4—Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources 

*******

Section 117.403 ...................... Exemptions ............................ 2/2/2010 5/6/2013 [Insert FR page 

number where document 

begins].


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 26255 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

*******

Subchapter D—Combustion Control at Minor Sources in Ozone Nonattainment Areas 

*******

Division 2—Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources 

*******

Section 117.2110 .................... Emission Specifications for 

Eight-Hour Attainment 

Demonstration.

5/18/2011 5/6/2013 [Insert FR page 

number where document 

begins].

*******

[FR Doc. 2013–10561 Filed 5–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0766; FRL–9808–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Approval of Texas Low Emission 

Diesel Fuel Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is granting direct final 

approval of a revision to the Texas State 

Implementation Plan (SIP) concerning 

the Texas Low Emission Diesel fuel 

rules. The revisions clarify existing 

definitions and provisions, revise the 

approval procedures for alternative 

diesel fuel formulations, add new 

registration requirements, and update 

the rule to reflect the current program 

status because the rule is now fully 

implemented. This SIP revision meets 

statutory requirements. 

DATES: This rule is effective on July 5, 

2013 without further notice, unless EPA 

receives relevant adverse comment by 

June 5, 2013. 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–2012–0766, 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. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email 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 8:00 a.m. and 4:00 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–2012– 

0766. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal 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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through 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 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. 


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