1604 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 

Exhibit A, Section C, Subsection B. This 

Board order is found in the Montana SIP 

under ‘‘EPA-approved Source-Specific 

Requirements.’’ The EPA has made, and 

will continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

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, the 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 proposed 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); 

• is not expected to be an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866; 

• 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 the 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed rule does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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. 

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

Dated: January 2, 2018. 

Douglas H. Benevento, 

Regional Administrator, Region 8. 

[FR Doc. 2018–00114 Filed 1–11–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R06–OAR–2017–0061; FRL–9972–29– 

Region 6] 

National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Texas Commission on 

Environmental Quality (TCEQ) has 

submitted updated regulations for 

receiving delegation of EPA authority 

for implementation and enforcement of 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

all sources (both part 70 and non-part 70 

sources). These regulations apply to 

certain NESHAP promulgated by the 

EPA, as amended between April 24, 

2013 and August 3, 2016. The 

delegation of authority under this action 

does not apply to sources located in 

Indian Country. The EPA is providing 

notice proposing to approve the 

delegation of certain NESHAPs to 

TCEQ. 

DATES: Written comments should be 

received on or before February 12, 2018. 

ADDRESSES: Submit your comments, 

identified by EPA–R06–OAR–2017– 

0061, at http://www.regulations.gov or 

via email to barrett.richard@epa.gov. 

For additional information on how to 

submit comments see the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this issue of the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett, (214) 665–7227; email: 

barrett.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this issue of the 

Federal Register, the EPA is approving 

TCEQ’s request for delegation of 

authority to implement and enforce 

certain NESHAP for all sources (both 

part 70 and non-part 70 sources). TCEQ 

has adopted certain NESHAP by 

reference into Texas’s state regulations. 

In addition, the EPA is waiving its 

notification requirements so sources 

will only need to send notifications and 

reports to TCEQ. The EPA is taking 

direct final action without prior 

proposal because the EPA views this as 

a noncontroversial action and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

relevant adverse comments are received 

in response to this action, no further 

activity is contemplated. If the EPA 

receives relevant adverse comments, the 

direct final rule will be withdrawn, and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting should do so at this time. 

For additional information, see the 

direct final rule which is located in the 

rules section of this issue of the Federal 

Register. 

Dated: January 4, 2018. 

Wren Stenger, 

Director, Multimedia Division, Region 6. 

[FR Doc. 2018–00448 Filed 1–11–18; 8:45 am] 

BILLING CODE 6560–50–P 


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