Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 63929 

High-Density and High-Density Plus 

may be included in FSS 5-digit scheme 

pools. 

* * * * * 

29.0 Destination Entry 

* * * * * 

29.4 Destination Sectional Center 

Facility 

* * * * * 

29.4.2 Price Eligibility 

Determine price eligibility as follows: 

* * * * * 

[Delete the last sentence of the 

introductory text of 29.4.2b, and delete 

29.4.2b1 and b2 in their entirety.] 

* * * * * 

[Renumber current 29.5. as new 29.6, 

and add a new 29.5 as follows:] 

29.5. Destination Flat Sequencing 

System (DFSS) Facility Entry 

29.5.1 Definition 

For this standard, destination Flat 

Sequencing System Facility (DFSS) 

refers to the facilities listed in L006, 

Column C. 

29.5.2 Eligibility 

DFSS prices apply to pieces deposited 

at a USPS-designated FSS processing 

facility and correctly placed in a flat 

tray, sack, or on a pallet, labeled to a 

FSS sort plan or labeled to a 5-digit 

destination processed by that facility, 

under labeling list L006. These pieces 

must include a full delivery address and 

meet the physical standards for FSSmachinability in 705.14.0. 

* * * * * 

708 Technical Specifications 

* * * * * 

6.0 Standards for Barcoded Tray 

Labels, Sack Labels, and Container 

Placards 

* * * * * 

6.2 Specifications for Barcoded Tray 

and Sack Labels 

6.2.1 Use 

Exhibit 6.2.1 shows the types of mail 

requiring barcoded tray or sack labels. 

Barcoded labels must meet these general 

standards: 

[Revise the text of item 6.2.1b as 

follows:] 

b. Mailer-produced barcoded labels 

must meet the standards in 6.0, and 

must be non-adhesive. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes if our proposal is 

adopted. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2013–24980 Filed 10–24–13; 8:45 am] 

BILLING CODE 7710–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0202; FRL–9902–04– 

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: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions of the Texas State 

Implementation Plan submitted by the 

Texas Commission on Environmental 

Quality (TCEQ, or Commission) 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. 

These permitting requirements and 

emissions reductions will contribute to 

achieving attainment and help ensure 

attainment and continued maintenance 

of the National Ambient Air Quality 

Standards (NAAQS) for ozone in the 

State of Texas. EPA is proposing the 

revisions under section 110, part C, and 

part D of the Act, and EPA’s regulations. 

DATES: Written comments must be 

received on or before November 25, 

2013. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2011–0202, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Mr. Rick Barrett at: 

barrett.richard@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Mail or delivery: Mr. Rick Barrett, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0202. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or 

CD–ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

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). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett (6PD–R), Air Permits 


tkelley on DSK3SPTVN1PROD with PROPOSALS
63930 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Proposed Rules 

Section, telephone (214) 665–7227; fax 

(214) 665–7263; email: barrett.richard@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘us’’ refers to EPA. 

Table of Contents 

I. Background 

II. What Action is EPA proposing? 

A. July 31, 2002 Submittal 

B. September 4, 2002 Submittal 

C. March 4, 2004 Submittal 

D. Analysis 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The 77th Texas State Legislature, 

2001, amended the Texas Health and 

Safety Code (THSC) and the Texas Clean 

Air Act (TCAA) to require that all 

grandfathered facilities obtain permits. 

A ‘‘grandfathered facility’’ is one that 

existed at the time the Legislature 

amended the TCAA in 1971. Texas 

began permitting new and modified 

sources in 1971, and sources built 

before Texas’ permitting rules became 

effective were not required to obtain 

permits for air emissions as long as they 

were not modified as defined under 

Texas’ New Source Review (NSR) State 

Implementation Plan (SIP) program. 

The purpose of this rulemaking by 

EPA is to propose approval of the 

TCEQ’s permit and emission control 

requirements for grandfathered facilities 

and related permit application, 

monitoring, reporting and public notice 

procedures. Specifically, the permit 

application requirements, methods for 

monitoring and reporting emissions, 

and public notice procedures for 

grandfathered facilities are the subject of 

this proposed rule. 

II. What action is EPA proposing? 

We are proposing to fully approve 

certain revisions to 30 TAC Chapter 116, 

submitted by the State of Texas on July 

31, 2002, and September 4, 2002. We are 

also proposing to fully approve the 

revisions to 30 TAC Chapter 116 

submitted by the State of Texas on 

March 1, 2004. We are proposing to 

fully approve the July 31, 2002, and the 

September 4, 2002, submittals except for 

a severable portion in each which 

allows owners or operators of 

grandfathered facilities to apply for an 

existing facility flexible permit under 

the State’s Flexible Permit Program. We 

will take separate action in the future in 

the Federal Register on the submittals 

with regard to the ‘‘Existing Facility 

Flexible Permit’’ portion. Also, please 

note that EPA’s action on 30 TAC 

Chapter 116, Subchapter A: 

‘‘Definitions,’’ section 116.18, and 30 

TAC Chapter 116, Subchapter I: 

‘‘Electric Generating Facility Permits,’’ 

sections 116.910—116.930, were 

previously acted on in a separate notice. 

See 76 FR 1525 (January 11, 2011). 

The July 31, 2002, submittal concerns 

Subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ at 30 TAC 

sections 116.770–772, 116.774–777, 

116.779–781, 116.783, 116.785–788, 

116.790, 116.793–802, and 116.804–807. 

The TCEQ adopted these revisions on 

May 22, 2002. 

The September 4, 2002, submittal 

concerns Subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ at 30 TAC 

sections 116.778 and 116.803; and 

Subchapter I: ‘‘Electric Generating 

Facility Permits,’’ at 30 TAC section 

116.919. The TCEQ adopted these 

revisions on August 21, 2002. 

The March 1, 2004, submittal 

concerns Subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ at 30 TAC 

sections 116.770 and 116.772. The 

TCEQ adopted these revisions on 

January 28, 2004. 

Our Technical Support Document 

(TSD) contains a more detailed 

explanation of the submittal and the 

underlying regulatory requirements. The 

TSD is available in the public docket for 

this rulemaking. 

A. July 31, 2002 Submittal 

In the July 31, 2002 submittal, Texas 

submitted new and amended rules to 

Chapter 116, which include Subchapter 

A: ‘‘Definitions,’’ delineating certain 

definitions of words and terms used in 

Subchapter I; Subchapter H: ‘‘Permits 

for Grandfathered Facilities’’, Division 

1, ‘‘General Applicability;’’ Division 2, 

‘‘Small Business Stationary Source 

Permits, Pipeline Facilities Permits, and 

Existing Facility Permits;’’ Division 3, 

‘‘Existing Facility Flexible Permits;’’ and 

Subchapter I: ‘‘Electric Generating 

Facility Permits.’’ In addition, Texas 

submitted 30 TAC Chapter 39, ‘‘Public 

Notice,’’ which includes Subchapter H: 

‘‘Applicability and General Provisions,’’ 

and Subchapter K: ‘‘Public Notice of Air 

Quality Applications.’’ 

The above-referenced provisions 

contained in the Subchapter A and 

Subchapter I of Chapter 116, and 

Subchapter H and Subchapter K of 

Chapter 39, are severable and not part 

of today’s proposal action. The 

provisions in Subchapter A and 

Subchapter I of Chapter 116 were 

previously acted on. See 76 FR 1525 

(January 11, 2011). The provisions in 

Subchapter H and Subchapter K of 

Chapter 39 were previously withdrawn. 

See letter dated July 2, 2010, from the 

TCEQ to EPA Region 6, in the public 

docket for this proposed action. Also, in 

the July 31, 2002 submittal concerning 

Chapter 116, Subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ Division 3, 

‘‘Existing Facility Flexible Permits,’’ 

sections 116.793–802 and 116.804–807 

are severable and will be acted on in a 

future separate rulemaking. By 

severable, we mean that these sections 

can be implemented independently of 

the remaining portions of the submittal 

without affecting the stringency of the 

submitted rules. 

EPA is acting only on a portion of 

Subchapter H: ‘‘Permits for 

Grandfathered Facilities’’: Division 1 

and Division 2. The submitted 

amendments to Subchapter H, Permits 

for Grandfathered Facilities, implement 

the portions of TCAA, section 382.0158, 

which create new types of permits for 

grandfathered facilities. Division 1 and 

Division 2 representative sections 

include section 116.770, Requirements 

to Apply; section 116.774, Eligibility for 

Small Business Stationary Source 

Permits; section 116.775, Eligibility for 

Pipeline Facilities Permits; section 

116.777, Eligibility for Existing Facility 

Permits; section 116.779, Applications 

for Small Business Stationary Source 

Permits, Pipeline Facilities Permits, or 

Existing Facility Permits; and section 

116.783, Notice of Final Action on 

Pipeline Facilities Permit Applications 

and Existing Facility Permit 

Applications. 

In section 116.770, the owner or 

operator of a grandfathered facility must 

apply for a permit to operate the facility 

under Chapter 116, qualify for a permit 

by rule under Chapter 106, or submit a 

notice of shutdown. Specific deadlines 

for facilities to apply are: Before 

September 1, 2003 for facilities located 

in the East Texas region, and before 

September 1, 2004 for facilities located 

in the West Texas region and El Paso 

County. 

Section 116.774 identifies the types of 

facilities which are eligible for a small 

business stationary source permit in 

accordance with TCAA, section 

382.05184. Only the owners or operators 

of facilities located at small business 

stationary sources and which are not 

required to submit emissions 

inventories to the commission may 

apply for a small business stationary 

source permit. The owner or operator 

must apply for the small business 

stationary source permit before 

September 1, 2004. The new section 

specifies that any grandfathered facility, 

including any facility for which the 

owner or operator has submitted a 

notice of shutdown located at a small 

business stationary source, may not emit 

air contaminants on or after March 1, 


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2008, unless the facility is permitted or 

has a pending permit application under 

Chapter 116, or a pending registration 

for a permit by rule under Chapter 106. 

The new section also requires an 

application for a small business 

stationary source permit to be submitted 

under the seal of a Texas licensed 

professional engineer, if required, and 

states that the facility’s owner or 

operator is responsible for applying for 

the permit and complying with the 

subchapter. A small business stationary 

source may not emit air contaminants 

on or after March 1, 2008, unless the 

facility is permitted, has a permit 

application pending, or has a 

registration or pending registration for a 

permit by rule. 

Section 116.775 identifies the types of 

facilities which are eligible for a 

pipeline facilities permit in accordance 

with TCAA, section 382.05186. The 

owner or operator of a grandfathered 

reciprocating internal combustion 

engine or group of engines that are part 

of processing, treating, compression, or 

pumping facilities connected to or part 

of a gathering or transmission pipeline 

may apply for a pipeline facilities 

permit. The new section also requires an 

application for a pipeline facilities 

permit to be submitted under the seal of 

a Texas licensed professional engineer, 

if required by section 116.110(e), and 

states that the facility’s owner or 

operator is responsible for applying for 

the permit and complying with the 

subchapter. The new section allows the 

owner or operator of more than one 

grandfathered reciprocating internal 

combustion engine to apply for a 

pipeline facilities permit for a single 

grandfathered engine or for a group of 

grandfathered engines connected to or 

part of a gathering or transmission 

pipeline. The commission revised 

section 116.775(d) to clarify that the 

owner or operator may apply for a 

permit for a single engine or a group of 

engines. 

Section 116.777 identifies the types of 

facilities which are eligible for an 

existing facility permit in accordance 

with TCAA, section 382.05183. The 

owner or operator of any grandfathered 

facility may apply for an existing facility 

permit. The new section also requires an 

application for an existing facility 

permit to be submitted under the seal of 

a Texas licensed professional engineer, 

if required by section 116.110(e), and 

states that the facility’s owner or 

operator is responsible for applying for 

the permit and complying with 

Subchapter H. 

Section 116.779 specifies the 

application requirements and 

demonstrations which must be met in 

order for a facility to be granted a small 

business stationary source permit, 

pipeline facilities permit, or existing 

facility permit. These requirements are 

consistent with the requirements for 

other permits issued under Chapter 116. 

Section 116.779 has three subsections: 

Section 116.779(a) provides that the 

emissions from the facility must comply 

with the rules and regulations of the 

commission, including the protection of 

public health and physical property. 

The commission may not issue a permit 

for a grandfathered facility if it finds 

that the emissions from the 

grandfathered facility will not be 

protective of public health and physical 

property. In order to be consistent with 

the current review process for permits 

and applicable federal requirements, the 

section requires the owner or operator of 

a grandfathered facility applying for a 

small business stationary source permit, 

pipeline facilities permit, existing 

facility flexible permit, or EGF permit to 

be able to demonstrate that they meet 

applicable federal New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP). 

Facilities must be able to meet 

performance standards specified in the 

application and may be required to 

provide information that demonstrates 

ongoing compliance after the permit is 

issued. If applicable, facilities would be 

required to comply with Prevention of 

Significant Deterioration (PSD) and 

nonattainment review as specified in 

Chapter 116, Subchapter B. Since 

grandfathered facilities may be required 

to comply with any applicable Federal 

requirements (for example, NESHAP 

standards), EPA expects Texas to clearly 

identify state and federal requirements 

in the permit. 

Section 116.779(b) specifies 

additional requirements which apply to 

applicants for a pipeline facilities 

permit. In accordance with TCAA, 

section 382.05186(e), facilities located 

in the East Texas region will be required 

to demonstrate that each engine will 

achieve at least a 50% reduction of the 

hourly emissions rate of NOX and may 

also be required to demonstrate a 50% 

reduction of the hourly emissions rate of 

VOC, both expressed in terms of grams 

per brake horsepower-hour (g/bhp-hr). 

Consistent with TCAA, section 

382.05186(f), the new section also states 

that the commission shall require up to 

a 20% reduction in the hourly 

emissions rate of NOX and shall require 

up to a 20% reduction in the hourly 

emissions rate of VOC, expressed in 

terms of g/bhp-hr, for facilities located 

in the West Texas region or El Paso 

County. 

Section 116.779(c) specifies 

additional requirements with which 

applicants for an existing facility permit 

will have to comply. In accordance with 

TCAA, section 382.05183(b), applicants 

for existing facility permits will have to 

propose an air pollution control method 

that is at least as beneficial as the BACT 

that the commission required or would 

have required for a facility of the same 

class or type as a condition of issuing 

a permit or permit amendment 120 

months (ten-year-old BACT) before the 

submittal of the existing facility permit 

application, considering the age and 

remaining useful life of the facility, and 

identify the date by which the control 

method will be implemented. 

Section 116.783 specifies the 

commission’s responsibilities for 

sending notice of the final action on an 

application for a pipeline facilities 

permit or an existing facility permit, and 

the information that the commission 

must include in the notice. The new 

section will require the commission to 

individually notify persons who 

commented during the public comment 

period or at a permit hearing, of the 

final action of the commission. The 

notice must be sent by first-class mail to 

the commenters and to the applicant. 

The proposed rule stated that the notice 

must include the response to comments, 

the identification of any changes in the 

permit, and a statement that any person 

affected by the decision of the 

commission may petition for rehearing 

and for judicial review. Because, in 

section 116.790, the commission is 

delegating to the executive director the 

authority to take any action on a permit 

issued under this division, this section 

now requires that the notice state that 

any person affected by the decision of 

the executive director may file a motion 

to overturn rather than a petition for 

rehearing. 

B. September 4, 2002 Submittal 

In the September 4, 2002 submittal, 

Texas submitted new and amended 

rules to Chapter 116, which include 

Subchapter A: ‘‘Definitions,’’ which 

adds certain definitions; Subchapter B: 

‘‘New Source Review Permits;’’ 

Subchapter D: ‘‘Permit Renewals;’’ 

Subchapter F: ‘‘Standard Permits;’’ 

Subchapter G, ‘‘Flexible Permits;’’ 

Subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ Division 2, 

‘‘Small Business Stationary Source 

Permits, Pipeline Facilities Permits, and 

Existing Facility Permits;’’ Division 3, 

‘‘Existing Facility Flexible Permits;’’ and 

Subchapter I: ‘‘Electric Generating 

Facility Permits.’’ 

The above-referenced provisions 

contained in Subchapter A, Subchapter 


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B, Subchapter D, Subchapter F, 

Subchapter G, and Subchapter H: 

Division 3, of Chapter 116 are severable 

and not part of today’s proposal action. 

These severable provisions are being 

acted on in separate rulemakings. By 

severable, we mean that these 

provisions can be implemented 

independently of the remaining portions 

of the submittal without affecting the 

stringency of the submitted rules. 

EPA is acting only on Subchapter H: 

‘‘Permits for Grandfathered Facilities,’’ 

Division 2; and Subchapter I: ‘‘Electric 

Generating Facility Permits,’’ from the 

September 4, 2002 submittal. 

The submitted amendments to 

Subchapter H, Permits for 

Grandfathered Facilities, Division 2, 

implements the portions of TCAA, 

section 382.065, which primarily 

requires the permitting of all air 

contaminant emissions associated with 

dockside vessel operations. In Division 

2, new section 116.778, ‘‘Additional 

Requirements for Applications for Small 

Business Stationary Source Permits, 

Pipeline Facilities Permits, or Existing 

Facility Permits’’ states that in addition 

to complying with all applicable 

requirements of Subchapter H, any 

application for a small business 

stationary source permit, a pipeline 

facilities permit, or an existing facility 

permit must include emissions from the 

facility resulting from any associated 

dockside vessel operations. These 

emissions must comply with all rules 

and regulations of the commission and 

with the intent of the TCAA, including 

protection of the health and property of 

the public and minimization of 

emissions to the extent possible, 

consistent with good air pollution 

control practices. 

The submitted amendment to 

Subchapter I, Electric Generating 

Facility Permits, implements TCAA, 

section 382.05185(c) and (d), which 

adds additional requirements in new 

section 116.919. In addition to 

complying with all applicable 

requirements of this subchapter, any 

application for a new grandfathered 

electric generating facility permit for 

auxiliary combustors and coal-fired 

units only must include emissions from 

the facility resulting from any associated 

dockside vessel operations. These 

emissions must comply with all rules 

and regulations of the commission and 

with the intent of the TCAA, including 

protection of the health and property of 

the public and minimization of 

emissions to the extent possible, 

consistent with good air pollution 

control practices. 

C. March 4, 2004 Submittal 

In the March 4, 2004 submittal, Texas 

submitted amended rules to Chapter 

116, Subchapter H: ‘‘Permits for 

Grandfathered Facilities, Division 1, 

General Applicability,’’ sections 116.770 

and 116.772. The submitted 

amendments to Subchapter H, Permits 

for Grandfathered Facilities, implement 

portions of TCAA, section 382.05186, 

which requires pipeline facilities 

permits. The amended sections are: 

Section 116.770, Requirements to 

Apply; and section 116.772, Notice of 

Shutdown. 

The amendment to section 116.770 

changes the section title from 

‘‘Requirement to Apply’’ to 

‘‘Requirement to Apply or Register’’ to 

better specify the purpose of the section. 

Also, it adds new subsections (b) and 

(c), which specify that certain facilities 

are considered permitted and that the 

owners and operators of those facilities 

must submit registrations. Adopted 

section 116 .770(b) implements TCAA, 

section 382.05186(j). Specifically, 

section 116.770(b) states that a 

reciprocating internal combustion 

engine required to obtain a pipeline 

facility permit that is subject to a mass 

emissions cap established by the 

commission is considered permitted if 

the facility is located in an ozone 

nonattainment area and is in 

compliance with all state and federal 

requirements for that area by June 20, 

2003. 30 TAC section 101.351(a) 

currently specifies that a mass 

emissions cap applies to the Houston/

Galveston ozone nonattainment area. 

Adopted section 116.770(b)(2) requires 

that the grandfathered reciprocating 

internal combustion engines satisfy any 

currently applicable state or federal 

regulations in effect as of June 20, 2003, 

the effective date of House Bill 638, in 

order to be considered permitted. In 

addition, the commission adopts new 

section 116.770(c), which requires 

owners and operators of facilities that 

are considered permitted under section 

116.770(b) to submit registrations on or 

before July 1, 2004. The registration 

requirement is necessary for the 

executive director to determine whether 

all facilities that are considered to be 

permitted meet the criteria outlined in 

House Bill 638. The adopted 

subsections require registration rather 

than require those facilities to obtain a 

permit under Chapter 116, qualify for a 

permit by rule, or shut down. 

Registrations must be submitted by July 

1, 2004, and must include Form PI–1 G, 

Grandfathered Facility Permit 

Application. 

The amendment to section 116.772 

only adopts a change to the crossreferences in section 116.772(a) and (b) 

to parallel changes made in section 

116.770. 

D. Analysis 

The July 31, 2002, September 4, 2002, 

and March 1, 2004 submittals address 

the applicability and permitting 

requirements for grandfathered 

facilities. The permits issued for these 

facilities are expected to result in 

reduced emissions of air contaminants 

and improved compliance with state 

and federal air pollution control 

requirements. Further, these permits 

should achieve better protection of 

public health and welfare, and improve 

the existing SIP. These provisions meet 

the requirement in 40 CFR 51.160(a) 

that each plan include legally 

enforceable procedures to determine 

whether the construction or 

modification of a facility, building, 

structure, or installation, or combination 

of these will result in (1) a violation of 

applicable portions of the control 

strategy; or (2) interference with 

attainment or maintenance of a national 

standard in the state in which the 

proposed source (or modification) is 

located or in a neighboring state. 

The revision also meets 40 CFR 

51.160(e) by identifying a type of facility 

that will be subject to review under 40 

CFR 51.160(a). In this case, Texas 

specifically identified grandfathered 

facilities. 

The revisions to 30 Texas 

Administrative Code (TAC) Chapter 

116, concerning the permitting of 

grandfathered facilities, will achieve 

Texas’ emissions reductions goals. 

Compliance with these revisions will 

cause decreased air emissions due to the 

shutdown of the source, or the use of 

emission control methods on 

grandfathered sources that had 

previously been exempt from having to 

use emission controls. Because the 

revisions will cause additional emission 

reductions from these sources, they will 

better serve to protect the public health 

and welfare. The revisions will also 

continue to contribute to improvement 

of air quality and attainment or 

maintenance of the federal air quality 

standards. Overall, these provisions 

serve to improve the existing SIP. 

Lastly, these provisions meet the 

requirement in 40 CFR 51.160(a) that 

each plan include legally enforceable 

procedures to determine whether the 

construction or modification of a 

facility, building, structure, or 

installation, or combination of these 

will result in (1) a violation of 

applicable portions of the control 


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strategy; or (2) interference with 

attainment or maintenance of a national 

standard in the State in which the 

proposed source (or modification) is 

located or in a neighboring State. 

Each revision to an implementation 

plan submitted by a State under the 

Clean Air Act requires reasonable notice 

and public hearing prior to adoption by 

the State and submission to EPA as a 

SIP revision. The Administrator shall 

not approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 171), or 

any other applicable requirement of this 

Act. EPA is proposing to approve these 

revisions because they improve the SIP 

in accordance with Section 110 of the 

Act. The reductions achieved through 

the permitting of grandfathered facilities 

program occur throughout the State of 

Texas and include reducing precursors 

to ozone (NOX and VOC) emissions. The 

NOX emissions reductions in certain 

regions of the State were relied upon in 

Texas’ ozone attainment demonstration 

plans and will provide benefits in 

reducing ozone concentrations in 

nonattainment areas and near 

nonattainment areas, as well as 

attainment areas. Further, the permitting 

of grandfathered sources will benefit the 

public due to reductions of air 

contaminants emitted from affected 

grandfathered facilities, and present the 

opportunity for public participation and 

comment in the permitting procedures 

for formerly grandfathered facilities. 

The program establishes requirements, 

procedures, deadlines and 

responsibilities for permit applications 

for facilities formerly exempt from 

permit requirements. 

III. Proposed Action 

EPA is proposing to approve revisions 

to the Texas SIP that includes 30 TAC 

Chapter 116, subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ sections 

116.770–772, 116.774–777, 116.779– 

781, 116.783, 116.785–788, 116.790, 

116.793–802, and 116.804–807, which 

Texas submitted on July 31, 2002. EPA 

is proposing to approve all of the July 

31, 2002, SIP revision submittal as part 

of the Texas NSR SIP except sections 

116.793–802 and 116.804–807, as 

discussed above. 

EPA is proposing to approve revisions 

to the Texas SIP that includes 30 TAC 

Chapter 116, Subchapter H: ‘‘Permits for 

Grandfathered Facilities,’’ sections 

116.778 and 116.803; and Subchapter I: 

‘‘Electric Generating Facility Permits,’’ 

section 116.919, which Texas submitted 

on September 4, 2002. EPA is proposing 

to approve all of the September 4, 2002, 

SIP revision submittal as part of the 

Texas NSR SIP except section 116.803 

as discussed above. 

EPA is proposing to approve revisions 

to the Texas SIP that include 30 TAC 

Chapter 116, Subchapter H: ‘‘Permits for 

Grandfathered Facilities’’ sections 

116.770 and 116.772, which Texas 

submitted on March 1, 2004. EPA is 

proposing to approve all of the March 1, 

2004, SIP revision submittal as part of 

the Texas NSR SIP 

The July 31, 2002, September 4, 2002, 

and March 1, 2004 submittals address 

the applicability and permitting 

requirements for grandfathered 

facilities. The revisions will contribute 

to improvement in overall air quality in 

Texas. We have evaluated the State’s 

submittal, determined that it meets the 

applicable requirements of the CAA and 

EPA air quality regulations, and is 

consistent with EPA policy. 

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 

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 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 proposed 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. 

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. 

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

Dated: September 27, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2013–25262 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0594; FRL–9901–79– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revised Ambient Air Quality Standards 

for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve 

State Implementation Plan (SIP) 

revisions submitted by the 

Commonwealth of Virginia adding 

ambient air quality standards and 

associated reference conditions for Fine 

Particulate Matter (PM2.5) that are 

consistent with the 2013 National 

Ambient Air Quality Standards 

(NAAQS) for PM2.5. In the Final Rules 


tkelley on DSK3SPTVN1PROD with PROPOSALS