Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 26255 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

*******

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

*******

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

*******

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

Eight-Hour Attainment 

Demonstration.

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

number where document 

begins].

*******

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

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0766; FRL–9808–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Approval of Texas Low Emission 

Diesel Fuel Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is granting direct final 

approval of a revision to the Texas State 

Implementation Plan (SIP) concerning 

the Texas Low Emission Diesel fuel 

rules. The revisions clarify existing 

definitions and provisions, revise the 

approval procedures for alternative 

diesel fuel formulations, add new 

registration requirements, and update 

the rule to reflect the current program 

status because the rule is now fully 

implemented. This SIP revision meets 

statutory requirements. 

DATES: This rule is effective on July 5, 

2013 without further notice, unless EPA 

receives relevant adverse comment by 

June 5, 2013. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2012–0766, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• Email: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:00 a.m. and 4:00 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2012– 

0766. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 


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26256 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Texas Commission on Environmental 

Quality, 12100 Park 35 Circle, Building 

E, Austin, Texas 78753, and at the 

commission’s Web site at http://www/ 

tceq.texas.gov/nav/rules/ 

propose_adopt.html. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7367; fax number 

214–665–7263; email address 

rennie.sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean 

the EPA. 

Outline 

I. Background 

II. Analysis of the State’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The Texas Low Emission Diesel 

(TxLED) fuel program was initially 

approved by EPA on November 14, 2001 

(66 FR 57196). It was revised on April 

6, 2005 (70 FR 17321), October 6, 2005 

(70 FR 58325), and October 24, 2008 (73 

FR 63378). The TxLED fuel is similar to 

CARB (California Air Resources Board) 

diesel and is required for use by onhighway vehicles and non-road 

equipment (including marine vessels) in 

110 counties in eastern and central 

Texas. Use of this boutique diesel fuel 

reduces NOX emissions. 

Texas submitted a revision to the 

TxLED rules on September 19, 2012. 

The rulemaking revises definitions; 

establishes new designated alternative 

limits for TxLED fuel properties; 

removes expired registration 

requirements and establishes new 

registration requirements for identifying 

production and import facilities; revises 

approval procedures for alternative 

diesel fuel formulations; specifies that 

the approvals of all additive-based 

alternative diesel fuel formulations will 

be subject to revocation if the 

composition of the additive is found to 

be altered; allows all alternative diesel 

formulations approved by the TCEQ 

prior to April 1, 2012, to remain in 

effect; revises reporting requirements to 

include production and import facility 

data; requires alternative emission 

reduction plans using the Unified 

Model to determine compliance each 

calendar quarter; removes expired early 

gasoline sulfur reduction credits 

provisions; and makes other clarifying 

changes as needed for accuracy and 

consistency. 

II. Analysis of the State’s Submittal 

We compared the rule revisions for 

stringency against the rule language in 

the approved SIP. Revisions are made to 

the following sections: § 114.6, 

Definitions; § 114.312, Low Emission 

Diesel Standards; § 114.313, Designated 

Alternative Limits; § 114.314, 

Registration of Diesel Producers and 

Importers; § 114.315, Approved Test 

Methods; § 114.316, Monitoring, 

Recordkeeping, and Reporting 

Requirements; § 114.317 Exemptions to 

Low Emission Diesel Requirements; 

§ 114.318, Alternative Emission 

Reduction Plan; § 114.319, Affected 

Counties and Compliance Dates. 

We found that the revisions to the 

rule did not compromise the integrity of 

the approved SIP. In some cases, the 

revisions made the rule more stringent 

than the approved SIP. See the 

Technical Support Document that 

accompanies this action for a detailed 

analysis of the revisions. 

III. Final Action 

Pursuant to section 110 of the Act, 

EPA is approving revisions to the 

TxLED rule that were submitted on 

September 19, 2012. We evaluated the 

State’s submittal and determined that it 

meets the applicable requirements of the 

Clean Air Act (CAA) section 110. 

Approval of this submittal will not 

result in any increase in ozone 

concentration levels. In accordance with 

CAA section 110(l), these revisions will 

not interfere with attainment of the 

National Ambient Air Quality Standards 

(NAAQS), Rate of Progress, reasonable 

further progress, or any other applicable 

requirement of the CAA. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on July 5, 2013 without 

further notice unless we receive adverse 

comment by June 5, 2013. If we receive 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

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); 


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Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 26257 

• 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 July 5, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 5, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under ‘‘Chapter 

114 (Reg 4)—Control of Air Pollution 

from Motor Vehicles’’ by revising the 

entries for Section 114.6 and for 

Sections 114.312 through 114.319 to 

read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

*******

Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles 

Subchapter A—Definitions 

*******

Section 114.6 ................ Low Emission Fuel Definitions ........ 8/22/12 5/6/13, 

[Insert FR page number where document 

begins].

* * * * * * * 

Subchapter H—Low Emission Fuels 

*******

Division 2: Low Emission Diesel 

Section 114.312 ............ Low Emission Diesel Standards ..... 8/22/12 5/6/13 [Insert FR page number where 

document begins]. 

Section 114.313 ............ Designated Alternative Limits .......... 8/22/12 5/6/13 [Insert FR page number where 

document begins]. 

Section 114.314 ............ Registration of Diesel Producers 

and Importers.

8/22/12 5/6/13 [Insert FR page number where 

document begins]. 


pmangrum on DSK3VPTVN1PROD with RULES
26258 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

Section 114.315 ............ Approved Test Methods .................. 8/22/12 5/6/13 [Insert FR page number where 

document begins]. 

Section 114.316 ............ Monitoring, Recordkeeping, and Reporting Requirements.8/22/12 5/6/13 [Insert FR page number where 

document begins]. 

Section 114.317 ............ Exemptions to Low Emission Diesel 

Requirements.

8/22/12 5/6/13 [Insert FR page number where 

document begins]. 

Section 114.318 ............ Alternative Emission Reduction 

Plan.

8/22/12 5/6/13 [Insert FR page number where 

document begins]. 

Section 114.319 ............ Affected Counties and Compliance 

Dates.

8/22/12 5/6/13 [Insert FR page number where 

document begins]. 

*******

* * * * * 

[FR Doc. 2013–10546 Filed 5–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0650; FRL–9809–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Consent Decree Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

the March 15, 2013, direct final rule 

approving a revision to the Indiana State 

Implementation Plan (SIP). EPA will 

address the comment in a subsequent 

final action based upon the proposed 

rulemaking action, also published on 

March 15, 2013. EPA will not institute 

a second comment period on this action. 

DATES: The direct final rule published at 

78 FR 16412 on March 15, 2013, is 

withdrawn as of May 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Sam 

Portanova, Environmental Engineer, Air 

Permits Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–3189, 

portanova.sam@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

withdrawing the March 15, 2013 (78 FR 

16412), direct final rule approving a 

revision to Indiana’s construction 

permit rule for sources subject to the 

state operating permit program 

regulations at 40 CFR Part 70. In the 

direct final rule, EPA stated that if 

adverse comments were received by 

April 15, 2013, the rule would be 

withdrawn and not take effect. On 

March 18, 2013, EPA received a 

comment, which it interprets as adverse 

and, therefore, EPA is withdrawing the 

direct final rule. EPA will address the 

comment in a subsequent final action 

based upon the proposed rulemaking 

action, also published on March 15, 

2013 (78 FR 16449). EPA will not 

institute a second comment period on 

this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur oxides. 

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

Dated: April 22, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendment to 40 

CFR 52.770 published in the Federal 

Register on March 15, 2013 (78 FR 

16412) on page 16414 is withdrawn as 

of May 6, 2013. 

[FR Doc. 2013–10690 Filed 5–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0394; EPA–R05– 

OAR–2012–0786; FRL–9786–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Consumer Products and AIM Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Illinois State Implementation Plan 

(SIP). This approval resolves the issues 

raised in the June 7, 2012, conditional 

approval of Illinois’ rules. EPA is also 

approving volatile organic compound 

(VOC) content limits and associated 

provisions for additional consumer 

products categories into the state’s SIP. 

Finally, EPA is approving language to 

clarify VOC limit applicability for 

architectural and industrial 

maintenance (AIM) coatings into the 

Illinois SIP. 

DATES: This direct final rule will be 

effective July 5, 2013, unless EPA 

receives adverse comments by June 5, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Nos. EPA–R05– 

OAR–2010–0394, EPA–R05–OAR– 

2012–0786, by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 


pmangrum on DSK3VPTVN1PROD with RULES