Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 577 

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, 

Lead, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements and Volatile organic 

compounds. 

Dated: December 19, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

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 K—Florida 

■ 2. In § 52.520: 

■ a. Amend paragraph (c) by removing 

the heading and all entries for ‘‘Chapter 

62–242 Motor Vehicle Emissions 

Standards and Test Procedures,’’; and 

■ b. Amend paragraph (e) by adding a 

new entry for ‘‘RVP Update for Florida 

1997 8-hour Ozone Maintenance Plans’’ 

at the end of the table. 

The addition reads as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register notice Explanation 

* * * * * * * 

RVP Update for Florida 1997 8-hour 

Ozone Maintenance Plans.

8/15/13 1/6/14 [Insert citation of publication].

[FR Doc. 2013–31557 Filed 1–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0202; FRL–9905–05- 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to Rules and Regulations for 

Control of Air Pollution; Permitting of 

Grandfathered Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions of 

the Texas State Implementation Plan 

(SIP) submitted by the State of Texas on 

July 31, 2002; September 4, 2002; and 

March 1, 2004. These revisions require 

that all grandfathered facilities obtain 

specific permits which include emission 

control methods to achieve mandated 

emission reductions, as required, or 

shutdown; and require that emissions 

from dockside vessels which result from 

operations at grandfathered land-based 

facilities be included in specific 

permits. The revisions also outline 

additional permitting procedures for 

certain grandfathered pipeline 

equipment located in an ozone 

nonattainment area. EPA is approving 

the revisions under the Clean Air Act 

(CAA or Act), and EPA’s regulations. 

DATES: This final rule is effective on 

February 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0202. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 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. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett (6PD–R), Air Permits 

Section, telephone (214) 665–7227; 

email: barrett.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘our,’’ 

and ‘‘us’’ refers to EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our October 25, 

2013 proposal (78 FR 63929). In that 

notice, we proposed to approve 

revisions to the Texas SIP regarding 30 

TAC Chapter 116, subchapter H: 

‘‘Permits for Grandfathered Facilities’’ 

and Subchapter I: ‘‘Electric Generating 

Facility Permits’’. 

We received one comment on our 

proposal. The comment we received can 

be accessed from the 

www.regulations.gov Web site (Docket 

No. EPA–R06–OAR–2011–0202). The 

discussion below addresses the 

comment we received on our proposed 

action. 

II. Response to Comments 

Comment: We received a comment 

dated November 22, 2013, from the 

Texas Commission on Environmental 

Quality (TCEQ) stating that TCEQ does 

not support the proposed approval of 30 

TAC 116.803. TCEQ noted that on 

September 24, 2013, it withdrew 30 

TAC 116.793 through 116.807 from EPA 

consideration. TCEQ referenced a June 

29, 2011 letter from EPA Region 6 to 

TCEQ. In that letter, EPA returned 

certain subsections of 30 TAC Chapter 

116, subchapter H, specifically 30 TAC 

116.779(a)(10), 116.786(c)(2)(B)(ii)(I), 

116.794(11), 116.795(f), and 116.799(a). 

The returned subsections pertain to 

Texas’ implementation of the hazardous 

air pollution program under section 

112(g) of the Clean Air Act, and are not 

required to be submitted as a revision to 

the Texas SIP. 


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578 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

Response: EPA agrees with TCEQ. 

EPA believes that these sections are no 

longer before EPA as part of Texas’ SIP 

submittal. EPA is taking no action on 30 

TAC 116.779(a)(10), 

116.786(c)(2)(B)(ii)(I), and 116.793 

through 116.807. TCEQ’s comment and 

the documents referenced in the 

comment are included in the docket. 

III. Final Action 

We are approving revisions to the 

Texas SIP regarding 30 TAC Chapter 

116, subchapter H: ‘‘Permits for 

Grandfathered Facilities’’ and 

Subchapter I: ‘‘Electric Generating 

Facility Permits’’. Specifically, we are 

approving the following revisions to the 

Texas SIP: 

• Addition of 30 TAC Chapter 116, 

subchapter H, sections 116.770–772, 

116.774, 116.775, 116.777, 116.779–781 

(except for 116.779(a)(10)), 116.783, 

116.785–788 (except for 

116.786(c)(2)(B)(ii)(I)), and 116.790, 

submitted on July 31, 2002. 

• Addition of 30 TAC Chapter 116, 

subchapter H, section 116.778 and 

Subchapter I, section 116.919, 

submitted on September 4, 2002. 

• Addition of the revisions to 30 TAC 

Chapter 116, subchapter H sections 

116.770 and 116.772, submitted on 

March 1, 2004. 

The revisions require that all 

grandfathered facilities obtain specific 

permits which include emission control 

methods to achieve mandated emission 

reductions, as required, or shutdown; 

and require that emissions from 

dockside vessels which result from 

operations at grandfathered land-based 

facilities be included in specific 

permits. The revisions also outline 

additional permitting procedures for 

certain grandfathered pipeline 

equipment located in an ozone 

nonattainment area. We are approving 

the revisions under section 110, part C, 

and part D of the CAA, and EPA’s 

regulations. 

IV. 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. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy 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 March 7, 2014. 

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, 

Nitrogen oxides, Nonattainment, Ozone, 

Volatile organic compounds, Reporting 

and recordkeeping requirements. 

Dated: December 20, 2013. 

Samuel Coleman, 

Acting 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. In § 52.2270, the table in paragraph 

(c) entitled ‘‘EPA Approved Regulations 

in the Texas SIP’’ is amended under 

Chapter 116—Control of Air Pollution 

by Permits for New Construction or 

Modification, as follows: 

■ a. Immediately following the entry for 

§ 116.615, by adding an entry for 

Subchapter H; and 

■ b. Immediately following the entry for 

§ 116.918, by adding an entry for 

§ 116.919. 

The additions read as follows: 

§ 52.2270 Identification of plan. 

(c) * * * 


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Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 579 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

* * * * * * * 

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

* * * * * * * 

Subchapter H—Permits for Grandfathered Facilities 

Division 1—General Applicability 

Section 116.770 ............ Requirement to Apply ........................................ 1/28/04 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.771 ............ Implementation Schedule for Additional Controls.5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.772 ............ Notice of Shutdown ........................................... 1/28/04 1/6/14 ...........................

[Insert FR page number where document 

begins].

Division 2—Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits 

Section 116.774 ............ Eligibility for Small Business Stationary Source 

Permits.

5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.775 ............ Eligibility for Pipeline Facilities Permits ............. 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.777 ............ Eligibility for Existing Facility Permits ................ 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.778 ............ Additional Requirements for Applications for 

Small Business Stationary Source Permits, 

Pipeline Facilities Permits, or Existing Facility 

Permits.

8/21/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.779 ............ Applications for Small Business Stationary 

Source Permits, Pipeline Facilities Permits, 

or Existing Facility Permits.

5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

116.779(a)(10) is not in the 

SIP. 

Section 116.780 ............ Public Participation for Initial Issuance of Pipeline Facilities Permits and Existing Facility 

Permits.

5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.781 ............ Notice and Comment Hearings for Initial 

Issuance of Pipeline Facilities Permits and 

Existing Facility Permits.

5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.783 ............ Notice of Final Action on Pipeline Facilities 

Permit Applications and Existing Facility Permit Applications.

5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.785 ............ Permit Fee ......................................................... 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.786 ............ General and Special Conditions ........................ 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

116.786(c)(2)(B)(ii)(I) is not 

in the SIP. 


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580 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

Section 116.787 ............ Amendments and Alterations of Permits Issued 

Under this Division.

5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.788 ............ Renewal of Permits Issued Under this Division 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

Section 116.790 ............ Delegation .......................................................... 5/22/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

* * * * * * * 

Subchapter I—Electric Generating Facility Permits 

* * * * * * * 

Section 116.919 ............ Additional Requirements for Grandfathered 

Electric Generating Facility Permit Applications.

8/21/02 1/6/14 ...........................

[Insert FR page number where document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–31560 Filed 1–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2012–0767; FRL–9905–03– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Missouri; Reasonably Available 

Control Technology (RACT) for the 8- 

Hour Ozone National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the State of 

Missouri to EPA in a letter dated May 

4, 2012. The purpose of the SIP revision 

is to amend Missouri’s regulation for the 

control of Volatile Organic Compounds 

(VOC) and meet the requirement to 

adopt reasonably available control 

technology (RACT) for sources covered 

by EPA’s Control Technique Guidelines 

(CTG) for Industrial Cleaning Solvents. 

We are taking final action to approve 

this revision because it satisfies the 

applicable requirements of the Clean Air 

Act (CAA) with respect to RACT for the 

Missouri portion of the St. Louis 

Metropolitan 1997 8-hour ozone 

nonattainment area. 

DATES: This final rule is effective 

February 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R07–OAR– 

2012–0767. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Air Planning and Development 

Branch, Air and Waste Management 

Division, U.S. Environmental Protection 

Agency Region 7, 11201 Renner 

Boulevard, Lenexa, Kansas 66219. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

The interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219; telephone 

number (913) 551–7214; email address: 

kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What action is EPA taking in this final 

rule? 

II. What is the background for the approvals 

by EPA in this final rule? 

III. EPA’s Final Action 

I. What action is EPA taking in this 

final rule? 

EPA is taking final action to approve 

a SIP revision submitted by the State of 

Missouri to EPA on May 4, 2012. The 

purpose of this revision is to control the 

emissions of VOCs, consistent with 

Control Techniques Guidelines (CTGs) 

issued by EPA, and to satisfy the RACT 

requirements of the CAA for the 

Missouri portion of the St. Louis 

metropolitan 1997 8-hour ozone 

nonattainment area. Specifically, the 

revision incorporates an amendment to 


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