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[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Proposed Rules]
[Pages 62003-62008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26122]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0864; FRL-9935-67-Region 6]

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Infrastructure and Interstate Transport for the 2008 Lead 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Federal Clean Air Act (CAA) the Environmental 
Protection Agency (EPA) is proposing to approve a State Implementation 
Plan (SIP) submission from the State of Texas for the 2008 Lead (Pb) 
National Ambient Air Quality Standards (NAAQS). The submittal addresses 
how the existing SIP provides for implementation, maintenance, and 
enforcement of the 2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-
SIP ensures that the State's SIP is adequate to meet the state's 
responsibilities under the CAA, including the four CAA requirements for 
interstate transport of Pb emissions.

DATES: Written comments must be received on or before November 16, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2011-0864, by one of the following methods:
    www.regulations.gov. Follow the online instructions.
     Email: Tracie Donaldson at Donaldson.tracie@epa.gov.
     Mail or delivery: Mary Stanton, Chief, Air Grants Section 
(6PD-S), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733. Deliveries are accepted only between the 
hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0864. 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 electronically any information 
that you consider to be CBI

[[Page 62004]]

or other information whose disclosure is restricted by statute. 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. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional information on submitting comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, telephone 214-665-
6633, Donaldson.tracie@epa.gov. To inspect the hard copy materials, 
please schedule an appointment with her or Bill Deese at 214-665-7253.

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

I. Background

    On October 5, 1978, we published the first NAAQS for lead (Pb) (43 
FR 46246). Both the primary and secondary standards were set at 1.5 
micrograms per cubic meter ([micro]g/m\3\). In 2008, following a 
periodic review of the NAAQS for lead, we revised the NAAQS to 0.15 
[micro]g/m\3\ for both the primary and secondary standards (73 FR 
66964, November 13, 2008). For more information on these standards, 
please see the Technical Support Document (TSD) and EPA Web site http://epa.gov/airquality/lead.
    Each state must submit an i-SIP within three years after the 
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA 
includes a list of specific elements the i-SIP must meet. On October 
14, 2011, the EPA issued guidance addressing the i-SIP elements for 
NAAQS.\1\ The Chairman of the Texas Commission on Environmental Quality 
(TCEQ) submitted an i-SIP revision on October 14, 2011 to address this 
revised NAAQS for Pb and a separate September 14, 2011 SIP submission 
that addresses the interstate transport of Pb emissions.
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    \1\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) for 
the 2008 Pb NAAQS,'' Memorandum from Stephen D. Page, October 14, 
2011, http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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    EPA is proposing approval of the Texas i-SIP submittals for the 
2008 Pb NAAQS \2\ as meeting the requirements for an i-SIP, including 
the requirements for interstate transport of Pb emissions.
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    \2\ Additional information on: The history of Pb, its levels, 
forms and, determination of compliance; EPA's approach for reviewing 
i-SIPs; the details of the SIP submittal and EPA's evaluation; the 
effect of recent court decisions on i-SIPs; the statute and 
regulatory citations in the Texas SIP specific to this review; the 
specific i-SIP applicable CAA and EPA regulatory citations; Federal 
Register Notice citations for Texas SIP approvals; Texas' minor New 
Source Review program and EPA approval activities; and Texas' 
Prevention of Significant Deterioration (PSD) program can be found 
in the Technical Support Document (TSD).
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II. EPA's Evaluation of the Texas' i-SIP and Interstate Transport 
Submittals

    The TCEQ submittals on September 14, 2011 and October 14, 2011 
provided a demonstration of how the existing Texas SIP met all the 
requirements of the 2008 Pb NAAQS. These SIP submittals became complete 
by operation of law on March 14, 2012, and April 14, 2012, respectively 
pursuant to CAA section 110(k)(1)(B). Below is a summary of EPA's 
evaluation of the Texas i-SIP for each applicable element of CAA 
110(a)(2) A-M.
    (A) Emission limits and other control measures: The SIP must 
include enforceable emission limits and other control measures, means 
or techniques, schedules for compliance and other related matters as 
needed to implement, maintain and enforce each of the NAAQS.\3\
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    \3\ The specific nonattainment area plan requirements of section 
110(a)(2)(I) are subject to the timing requirements of section 172, 
not the timing requirement of section 110(a)(1). Thus, section 
110(a)(2)(A) does not require that states submit regulations or 
emissions limits specifically for attaining the 2008 Pb NAAQS. Those 
SIP provisions are due as part of each state's attainment plan, and 
will be addressed separately from the requirements of section 
110(a)(2)(A). In the context of an infrastructure SIP, EPA is not 
evaluating the existing SIP provisions for this purpose. Instead, 
EPA is only evaluating whether the state's SIP has basic structural 
provisions for the implementation of the NAAQS.
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    The Texas Clean Air Act (TCAA) provides the TCEQ, its Chairman, and 
its Executive Director with broad legal authority. They can adopt 
emission standards and compliance schedules applicable to regulated 
entities; emission standards and limitations and any other measures 
necessary for attainment and maintenance of national standards; enforce 
applicable laws, regulations, standards and compliance schedules; and 
seek injunctive relief. This authority has been employed in the past to 
adopt and submit multiple revisions to the Texas State Implementation 
Plan. The approved SIP for Texas is documented at 40 CFR part 52.1620, 
Subpart SS.\4\ TCEQ's air quality rules and standards are codified at 
Title 30, Part 1 of the Texas Administrative Code (TAC). Numerous parts 
of the regulations codified into 30 TAC necessary for implementing and 
enforcing the NAAQS have been adopted into the SIP.\5\
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    \4\ http://www.ecfr.gov/cgi-bin/text-idx?SID=64943a7422504656d8d72e9d6f87f177&mc=true&node=sp40.5.52.ss&rgn=div6.
    \5\ See the TSD page 4 for additional information.
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    (B) Ambient air quality monitoring/data system: The SIP must 
provide for establishment and implementation of ambient air quality 
monitors, collection and analysis of monitoring data, and providing 
such data to EPA upon request.
    The TCAA provides the authority allowing the TCEQ to collect air 
monitoring data, quality-assure the results, and report the data. TCEQ 
maintains and operates a Pb-monitoring network to measure ambient 
levels of Pb in accordance with EPA regulations which specify siting 
and monitoring requirements. All monitoring data is measured using EPA 
approved methods and subject to the EPA quality assurance requirements. 
TCEQ submits all required data to EPA, following the EPA regulations. 
The Texas statewide monitoring network was initially approved into the 
SIP (37 FR 10842, 10895), was revised on March 7, 1978 (43 FR 9275), 
and it undergoes annual

[[Page 62005]]

review by EPA.\6\ In addition, TCEQ conducts a recurrent assessment of 
its monitoring network every five years, which includes an evaluation 
of the need to conduct ambient monitoring for Pb, as required by EPA 
rules. The most recent of these 5-year monitoring network assessments 
was approved by EPA in December 2010.\7\ The TCEQ Web site provides the 
monitor locations and posts past and current concentrations of criteria 
pollutants measured in the State's network of monitors.\8\
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    \6\ A copy of the 2014 Annual Air Monitoring Network Plan and 
EPA's approval letter are included in the docket for this proposed 
rulemaking.
    \7\ A copy of TCEQ's 2010 5-year ambient monitoring network 
assessment and EPA's approval letter are included in the docket for 
this proposed rulemaking.
    \8\ see http://www.tceq.texas.gov/airquality/monops/sites/mon_sites.html and http://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=home.welcome
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    (C) Program for enforcement: The SIP must include the following 
three elements: (1) A program providing for enforcement of the measures 
in paragraph A above; (2) a program for the regulation of the 
modification and construction of stationary sources as necessary to 
protect the applicable NAAQS (i.e., state-wide permitting of minor 
sources); and (3) a permit program to meet the major source permitting 
requirements of the CAA (for areas designated as attainment or 
unclassifiable for the NAAQS).\9\
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    \9\ As discussed in further detail in the TSD beginning on page 
6.
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    (1) Enforcement of SIP Measures. As noted in (A), the TCAA provides 
authority for the TCEQ, its Chairman, and its Executive Director to 
enforce the requirements of the TCAA, and any regulations, permits, or 
final compliance orders. These statutes also provide the TCEQ, its 
Chairman, and its Executive Director with general enforcement powers. 
Among other things, they can file lawsuits to compel compliance with 
the statutes and regulations; commence civil actions; issue field 
citations; conduct investigations of regulated entities; collect 
criminal and civil penalties; develop and enforce rules and standards 
related to protection of air quality; issue compliance orders; pursue 
criminal prosecutions; investigate, enter into remediation agreements; 
and issue emergency cease and desist orders. The TCAA also provides 
additional enforcement authorities and funding mechanisms.
    (2) Minor New Source Review (NSR). The SIP is required to include 
measures to regulate construction and modification of stationary 
sources to protect the NAAQS. The Texas minor NSR permitting 
requirements are approved as part of the SIP.\10\
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    \10\ EPA is not proposing to approve or disapprove the existing 
Texas minor NSR program to the extent that it may be inconsistent 
with EPA's regulations governing this program. EPA has maintained 
that the CAA does not require that new infrastructure SIP 
submissions correct any defects in existing EPA-approved provisions 
of minor NSR programs in order for EPA to approve the infrastructure 
SIP for element C (e.g., 76 FR 41076-41079). EPA believes that a 
number of states may have minor NSR provisions that are contrary to 
the existing EPA regulations for this program. The statutory 
requirements of section 110(a)(2)(C) provide for considerable 
flexibility in designing minor NSR programs.
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    (3) Prevention of Significant Deterioration (PSD) permit program. 
The Texas PSD portion of the SIP covers all NSR regulated pollutants as 
well as the requirements for the 2008 Pb NAAQS and has been approved by 
EPA (79 FR 66626, November 10, 2014).\11\
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    \11\ As discussed further in the TSD
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    (D) Interstate and international transport: The statue requires 
that the SIP contain adequate provisions prohibiting Pb emissions to 
other states which will (1) contribute significantly to nonattainment 
of the NAAQS, (2) interfere with maintenance of the NAAQS, (3) 
interfere with measures required to prevent significant deterioration 
or (4) interfere with measures to protect visibility (CAA 
110(a)(2)(D)(i)).
    With respect to significant contribution to nonattainment or 
interference with maintenance of the Pb NAAQS, the physical properties 
of Pb, which is a metal and very dense, prevent Pb emissions from 
experiencing a significant degree of travel in the ambient air. No 
complex chemistry is needed to form Pb or Pb compounds in the ambient 
air; therefore, ambient concentrations of Pb are typically highest near 
Pb sources. More specifically, there is a sharp decrease in ambient Pb 
concentrations as the distance from the source increases. According to 
EPA's report entitled Our Nation's Air: Status and Trends Through 
2010,\12\ Pb concentrations that are not near a source of Pb are 
approximately 8 times less than the typical concentrations near the 
source.\13\ For these reasons, EPA believes that the interstate 
transport requirements pertaining to significant contribution to 
nonattainment or interference with maintenance of the Pb NAAQS can be 
satisfied through a state's assessment as to whether a lead source 
located within its state in close proximity to a state border has 
emissions that contribute significantly to the nonattainment in or 
interfere with maintenance of the NAAQS in the neighboring state.
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    \12\ http://www.epa.gov/airtrends/2011/.
    \13\ http://www.epa.gov/airtrends/2011/report/fullreport.pdf.
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    Texas submitted a separate SIP submission addressing the interstate 
transport provisions of subsection (2)(D)(i)(I), in which air 
dispersion modeling was conducted for seven operational sources in the 
state of Texas with the highest reported emissions of Pb in calendar 
year 2008: Fort Hood near Killeen; Oxbow Carbon in Port Arthur; ASARCO 
Refining near Amarillo; ECS Refining in Terrell; Exide Technologies in 
Frisco; Coleto Creek Power Station near Fannin; and the San Miguel 
Electric Cooperative near Christine. Two of these sources, Coleto Creek 
and San Miguel, reported emissions of Pb between 0.5 and 1.0 tons in 
2008, and the remaining five sources reported emissions equal to or 
exceeding 1.0 ton. The modeled lead emissions from Coleto Creek and San 
Miguel each result in ambient concentrations of less than 1% of the 
level of the 2008 Pb NAAQS and indicate that there will be no impact on 
surrounding states. The Fort Hood and Oxbow model results predict 
levels of less than 15% of the NAAQS. For Exide Technologies, ECS 
Refining, and ASARCO Refining, the predicted concentrations dropped to 
below half the level of the NAAQS within 2 kilometers of the property 
line. For more detailed information on these modeling results, see the 
TSD and the Interstate Transport SIP submission in the docket for this 
rulemaking.
    The Frisco Texas area is the one area within the state of Texas 
that is designated as nonattainment with respect to the 2008 Pb NAAQS. 
Exide Technologies battery recycling center was the sole contributing 
source responsible for the ambient Pb concentrations that led to the 
nonattainment designation. However, the source has been permanently 
shut down. During calendar year 2011 there were eight significant 
sources of Pb emissions within Texas that reported Pb emissions in 
amounts approximately equal to or exceeding 0.5 tons per year, 
including the aforementioned Exide Technologies in Frisco; however, 
none of these sources of Pb emissions are located within two miles of a 
neighboring state line. Total reported Pb emissions within Texas in 
2011 were 31.2 tons,\14\ and most of the Pb-emitting sources within the 
state are general aviation airports where aviation gasoline containing 
tetra-ethyl lead is

[[Page 62006]]

still in use by propeller-driven aircraft. Therefore, EPA finds that 
Texas has presumptively satisfied the requirements of subsection 
(2)(D)(i)(I).
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    \14\ See the TSD and the docket for this rulemaking for more 
detailed information on Pb-emitting sources in Texas and the Pb 
emissions reported in calendar year 2011.
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    The necessary provisions under section 110(a)(2)(D)(i)(II) are 
contained in the PSD portion of the SIP, as discussed with respect to 
element (C) above. With regard to the applicable requirements for 
visibility protection of visibility under subsection (2)(D)(i)(II), 
significant impacts from Pb emissions from stationary sources are 
expected to be limited to short distances from emitting sources and 
most, if not all, stationary sources of Pb emissions are located at 
sufficient distances from Class I areas such that visibility impacts 
would be negligible. Although Pb can be a component of coarse and fine 
particles, Pb generally comprises only a small fraction these 
particles. A recent EPA study conducted to evaluate the extent that Pb 
could impact visibility concluded that Pb-related visibility impacts at 
Class I areas were found to be insignificant (e.g., less than 0.10% 
contribution).\15\
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    \15\ Analysis by Mark Schmidt, OAQPS, ``Ambient Pb's 
Contribution to Class I Area Visibility Impairment,'' June 17, 2011.
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    The Texas SIP includes provisions that satisfy the CAA interstate 
pollution abatement requirements of 110(a)(2)(D)(i)(II). There are no 
findings by EPA that air emissions originating in Texas affect other 
countries. Therefore, we propose to approve the portion of the Texas 
SO2 i-SIP pertaining to CAA section 110(a)(2)(D)(ii).
    (E) Adequate authority, resources, implementation, and oversight: 
The SIP must provide for the following: (1) Necessary assurances that 
the state (and other entities within the state responsible for 
implementing the SIP) will have adequate personnel, funding, and 
authority under state or local law to implement the SIP, and that there 
are no legal impediments to such implementation; (2) requirements 
relating to state boards; and (3) necessary assurances that the state 
has responsibility for ensuring adequate implementation of any plan 
provision for which it relies on local governments or other entities to 
carry out that portion of the plan.
    Both elements A and E address the requirement that there is 
adequate authority to implement and enforce the SIP and that there are 
no legal impediments.
    This i-SIP submission for the 2008 Pb NAAQS describes the SIP 
regulations governing the various functions of personnel within the 
TCEQ, including the administrative, technical support, planning, 
enforcement, and permitting functions of the program.
    With respect to funding, the TCAA requires TCEQ to establish an 
emissions fee schedule for sources in order to fund the reasonable 
costs of administering various air pollution control programs and 
authorizes TCEQ to collect additional fees necessary to cover 
reasonable costs associated with processing of air permit applications. 
EPA conducts periodic program reviews to ensure that the state has 
adequate resources and funding to, among other things, implement and 
enforce the SIP.
    As required by the CAA, the Texas statutes and the SIP stipulate 
that any board or body, which approves permits or enforcement orders, 
must have at least a majority of members who represent the public 
interest and do not derive any ``significant portion'' of their income 
from persons subject to permits and enforcement orders or who appear 
before the board on issues related to the Federal CAA or the TCAA. The 
members of the board or body, or the head of an agency with similar 
powers, are required to adequately disclose any potential conflicts of 
interest.
    With respect to assurances that the State has responsibility to 
implement the SIP adequately when it authorizes local or other agencies 
to carry out portions of the plan, the Texas statutes and the SIP 
designate the TCEQ as the primary air pollution control agency and TCEQ 
maintains authority to ensure implementation of any applicable plan 
portion.
    (F) Stationary source monitoring system: The SIP must provide for 
the establishment of a system to monitor emissions from stationary 
sources and to submit periodic emission reports. It must require the 
installation, maintenance, and replacement of equipment, and the 
implementation of other necessary steps, by owners or operators of 
stationary sources, to monitor emissions from sources. The SIP shall 
also require periodic reports on the nature and amounts of emissions 
and emissions-related data from sources, and require that the state 
correlate the source reports with emission limitations or standards 
established under the CAA. These reports must be made available for 
public inspection at reasonable times.
    The TCAA authorizes the TCEQ to require persons engaged in 
operations which result in air pollution to monitor or test emissions 
and to file reports containing information relating to the nature and 
amount of emissions. There also are SIP-approved state regulations 
pertaining to sampling and testing and requirements for reporting of 
emissions inventories. In addition, SIP-approved rules establish 
general requirements for maintaining records and reporting emissions.
    The TCEQ uses this information, in addition to information obtained 
from other sources, to track progress towards maintaining the NAAQS, 
developing control and maintenance strategies, identifying sources and 
general emission levels, and determining compliance with SIP-approved 
regulations and additional EPA requirements. The SIP requires this 
information be made available to the public. Provisions concerning the 
handling of confidential data and proprietary business information are 
included in the SIP-approved regulations. These rules specifically 
exclude from confidential treatment any records concerning the nature 
and amount of emissions reported by sources.
    (G) Emergency authority: The SIP must provide for authority to 
address activities causing imminent and substantial endangerment to 
public health or welfare or the environment and to include contingency 
plans to implement such authorities as necessary.
    The TCAA provides TCEQ with authority to address environmental 
emergencies, and TCEQ has contingency plans to implement emergency 
episode provisions. Upon a finding that any owner/operator is 
unreasonably affecting the public health, safety or welfare, or the 
health of animal or plant life, or property, the TCAA and 30 TAC 
chapters 35 and 118 authorize TCEQ to, after a reasonable attempt to 
give notice, declare a state of emergency and issue without hearing an 
emergency special order directing the owner/operator to cease such 
pollution immediately.
    The ``Texas Air Quality Control Contingency Plan for Prevention of 
Air Pollution Episodes'' is part of the Texas SIP. However, because of 
the low levels of Pb emissions emitted and monitored statewide, Texas 
is not required to have contingency plans for the 2008 Pb NAAQS. 
However, to provide additional protection, the State has general 
emergency powers to address any possible dangerous Pb-related air 
pollution episode if necessary to protect the environment and public 
health.
    (H) Future SIP revisions: States must have the authority to revise 
their SIPs in response to changes in the NAAQS, availability of 
improved methods for attaining the NAAQS, or in response to an EPA 
finding that the SIP is substantially inadequate to attain the NAAQS.

[[Page 62007]]

    The TCAA authorizes the TCEQ to revise the Texas SIP, as necessary, 
to account for revisions of an existing NAAQS, establishment of a new 
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt 
more effective methods of attaining a NAAQS, and to respond to EPA SIP 
calls concerning NAAQS adoption or implementation.
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that 
in the case of a plan or plan revision for areas designated as 
nonattainment areas, states must meet applicable requirements of part D 
of the CAA, relating to SIP requirements for designated nonattainment 
areas.
    Texas currently has one nonattainment area for the 2008 Pb NAAQS, 
located in the city of Frisco in Collin County. For more information on 
the Frisco nonattainment area and past nonattainment areas under the 
1978 Pb NAAQS, please refer to the TSD for this rulemaking.
    As noted earlier, EPA does not expect infrastructure SIP 
submissions to address subsection (I). The specific SIP submissions for 
designated nonattainment areas, as required under CAA title I, part D, 
are subject to different submission schedules than those for section 
110 infrastructure elements. Instead, EPA will take action on part D 
attainment plan SIP submissions, including the attainment plan 
submission for the Frisco nonattainment area, through a separate 
rulemaking process governed by the requirements for nonattainment 
areas, as described in part D.
    (J) Consultation with government officials, public notification, 
PSD and visibility protection: The SIP must meet the following three 
CAA requirements: (1) Section 121, relating to interagency 
consultation; (2) section 127 relating to public notification of NAAQS 
exceedances and related issues; and, (3) prevention of significant 
deterioration of air quality and visibility protection.
    (1) Interagency consultation: As required by the TCAA, there must 
be a public hearing before the adoption of any regulations or emission 
control requirements, and all interested persons must be given a 
reasonable opportunity to review the action that is being proposed and 
to submit data or arguments, either orally or in writing, and to 
examine the testimony of witnesses from the hearing. In addition, the 
TCAA provides the TCEQ the power and duty to establish cooperative 
agreements with local authorities, and consult with other states, the 
federal government and other interested persons or groups in regard to 
matters of common interest in the field of air quality control. 
Furthermore, the Texas PSD SIP rules mandate that the TCEQ shall 
provide for public participation and notification regarding permitting 
applications to any other state or local air pollution control 
agencies, local government officials of the city or county where the 
source will be located, tribal authorities, and Federal Land Managers 
(FLMs) whose lands may be affected by emissions from the source or 
modification. Additionally, the State's PSD SIP rules require the TCEQ 
to consult with FLMs regarding permit applications for sources with the 
potential to impact Class I Federal Areas. The SIP also includes a 
commitment to consult continually with the FLMs on the review and 
implementation of the visibility program, and the State recognizes the 
expertise of the FLMs in monitoring and new source review applicability 
analyses for visibility and has agreed to notify the FLMs of any 
advance notification or early consultation with a major new or 
modifying source prior to the submission of a permit application. 
Likewise, the State's Transportation Conformity SIP rules provide 
procedures for interagency consultation, resolution of conflicts, and 
public notification.
    (2) Public Notification: The i-SIP submission from Texas provides 
the SIP regulatory citations requiring the TCEQ to regularly notify the 
public of instances or areas in which any NAAQS are exceeded. Included 
in the SIP are the rules for TCEQ to advise the public of the health 
hazard associated with such exceedances; and enhance public awareness 
of measures that can prevent such exceedances and of ways in which the 
public can participate in the regulatory and other efforts to improve 
air quality. In addition, as discussed for infrastructure element B 
above, the TCEQ air monitoring Web site provides quality data for each 
of the monitoring stations in Texas; this data is provided 
instantaneously for certain pollutants, such as ozone. The Web site 
also provides information on the health effects of lead, ozone, 
particulate matter, and other criteria pollutants.
    (3) PSD and Visibility Protection: The PSD requirements for this 
element are the same as those addressed under element (C) above. The 
Texas SIP requirements relating to visibility and regional haze are not 
affected when EPA establishes or revises a NAAQS. Therefore, EPA 
believes that there are no new visibility protection requirements due 
to the revision of the Pb NAAQS in 2008, and consequently there are no 
newly applicable visibility protection obligations pursuant to 
infrastructure element (J).
    (K) Air quality and modeling/data: The SIP must provide for 
performing air quality modeling, as prescribed by EPA, to predict the 
effects on ambient air quality of any emissions of any NAAQS pollutant, 
and for submission of such data to EPA upon request.
    The TCEQ has the authority and duty under the TCAA to investigate 
and develop facts providing for the functions of environmental air 
quality assessments. Past modeling and emissions reductions measures 
have been submitted by the State and approved into the SIP. 
Additionally, TCEQ has the ability to perform modeling for the primary 
and secondary Pb standards and other criteria pollutant NAAQS on a 
case-by-case permit basis consistent with their SIP-approved PSD rules 
and EPA guidance. As discussed with regard to element (D) above, TCEQ 
has conducted air quality dispersion modeling on the emissions of Pb 
from numerous stationary sources to determine the impact of such 
emissions on air quality in neighboring states. TCEQ has also conducted 
extensive modeling on the emissions of Pb from the former Exide 
Technologies facility located in the Frisco nonattainment area and has 
prepared and submitted an attainment demonstration with a control 
strategy based on the results of this modeling to the EPA.
    The TCAA authorizes and requires TCEQ to cooperate with the federal 
government and local authorities concerning matters of common interest 
in the field of air quality control, thereby allowing the agency to 
make such submissions to the EPA.
    (L) Permitting Fees: The SIP must require each major stationary 
source to pay permitting fees to the permitting authority as a 
condition of any permit required under the CAA. The fees cover the cost 
of reviewing and acting upon any application for such a permit, and, if 
the permit is issued, the costs of implementing and enforcing the terms 
of the permit. The fee requirement applies until such a time when a fee 
program is established by the state pursuant to Title V of the CAA, and 
is submitted to and is approved by EPA.
    See the discussion for element (E) above for the description of the 
mandatory collection of permitting fees outlined in the SIP.
    (M) Consultation/participation by affected local entities: The SIP 
must provide for consultation and participation by local political 
subdivisions affected by the SIP.
    See the discussion for element (J)(1) and (2) above for a 
description of the

[[Page 62008]]

SIP's public participation process, the authority to advise and 
consult, and the PSD SIP's public participation requirements. 
Additionally, the TCAA also requires initiation of cooperative action 
between local authorities and the TCEQ, between one local authority and 
another, or among any combination of local authorities and the TCEQ for 
control of air pollution in areas having related air pollution problems 
that overlap the boundaries of political subdivisions, and entering 
into agreements and compacts with adjoining states and Indian tribes, 
where appropriate. The transportation conformity component of the Texas 
SIP requires that interagency consultation and opportunity for public 
involvement be provided before making transportation conformity 
determinations and before adopting applicable SIP revisions on 
transportation-related issues.

IV. Proposed Action

    EPA is proposing to approve the October 14, 2011 infrastructure SIP 
and the September 14, 2011 interstate transport submissions from Texas, 
which address the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2008 Pb NAAQS. Specifically, EPA is proposing to 
approve the following infrastructure elements: 110(a)(2)(A), (B), (C), 
(D), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not acting on 
the submittal pertaining to CAA section 110(a)(2)(I)--Nonattainment 
Area Plan or Plan Revisions because EPA believes these need not be 
addressed in the i-SIP. Based upon review of the state's infrastructure 
and interstate transport SIP submissions, in light of the relevant 
statutory and regulatory authorities and provisions referenced in these 
submissions or referenced in the Texas SIP, EPA believes that Texas has 
the infrastructure in place to address all applicable required elements 
of sections 110(a)(1) and (2) (except otherwise noted) to ensure that 
the 2008 Pb NAAQS are implemented in the state. We also are proposing 
to approve the State's demonstration that it meets the four statutory 
requirements for interstate transport of Pb emissions.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 CAA; 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).
    EPA is not proposing to approve this infrastructure SIP 
certification to apply on any Indian reservation land or in any other 
area where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, this proposed approval 
of an infrastructure SIP certification does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), nor will it impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead (Pb), Reporting and 
recordkeeping requirements.

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

    Dated: September 30, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-26122 Filed 10-14-15; 8:45 am]
 BILLING CODE 6560-50-P
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