[Federal Register: May 15, 2008 (Volume 73, Number 95)]
[Proposed Rules]               
[Page 28071-28073]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my08-24]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0867; FRL-8566-5]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Control of Air Pollution by Permits for New Construction or 
Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the Texas State 
Implementation Plan (SIP), submitted by the Texas Commission on 
Environmental Quality (TCEQ) on October 9, 2006. The SIP revision EPA 
is proposing to approve would require decreased newspaper notice for 
proposed air quality Standard Permits with statewide applicability to 
the following metropolitan areas: Austin, Dallas, Houston, and any 
other regional newspapers the TCEQ Executive Director designates on a 
case-by-case basis. TCEQ will publish notice of a proposed air quality 
Standard Permit in the Texas Register and will issue a press release. 
In addition, TCEQ may also use electronic means to inform state and 
local officials of a proposed air quality Standard Permit. EPA proposes 
to approve these revisions pursuant to section 110 of the Federal Clean 
Air Act (Act).

DATES: Comments must be received on or before June 16, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0867, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Stanley M. Spruiell at 
spruiell.stanley@epa.gov.
     Fax: Mr. Stanley M. Spruiell, Air Permits Section (6PD-R), 
at fax number 214-665-7263.
     Mail: Stanley M. Spruiell, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
     Hand or Courier Delivery: Stanley M. Spruiell, Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 a.m. and 4 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-
2006-0867. 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 whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail 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 http://
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 http://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. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below to make an

[[Page 28072]]

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, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits 
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7212; 
fax number 214-665-7263; e-mail address spruiell.stanley@epa.gov.

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

Outline

I. What Action is EPA Taking?
II. What is the Background for this Action?
III. What is EPA's Evaluation of the Revised Regulations that Texas 
Submitted?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is proposing approval on a revision to 30 Texas Administrative 
Code (TAC), Chapter 116 (Control of Air Pollution by Permits for New 
Construction or Modification), Subchapter F (Standard Permits), section 
116.603 (Public Participation in Issuance of Standard Permits). TCEQ 
submitted the proposed SIP revision to EPA on October 9, 2006 for 
approval.
    The proposed SIP revision requires that any proposed air quality 
Standard Permit with statewide applicability be published in the daily 
newspaper of largest general circulation within each of the following 
metropolitan areas: Austin, Dallas, Houston, and any other regional 
newspaper designated by the Executive Director on a case-by-case basis. 
The proposed revision also requires TCEQ to publish notice of a 
proposed Standard Permit in the Texas Register and issue a press 
release. However, the proposed revision changes the current EPA SIP-
approved rule as it no longer requires TCEQ to issue newspaper notices 
for proposed Standard Permits with statewide applicability in the 
following metropolitan areas: Amarillo, Corpus Christi, El Paso, the 
Lower Rio Grande Valley, Lubbock, the Permian Basin, or Tyler. EPA 
proposes to approve the revision as meeting the federal requirements in 
40 CFR 51.161, Public Availability of Information that requires ``* * * 
[n]otice by prominent advertisement in the area affected * * *.''

II. What Is the Background for This Action?

    On November 14, 2003 (68 FR 64543), EPA approved provisions under 
30 TAC Chapter 116, Subchapter F, Standard Permits. These provisions 
include the procedures the TCEQ follows when it issues or revises a 
Standard Permit. A Standard Permit is adopted under Chapter 116, 
Subchapter F, and provides a streamlined mechanism for approving the 
construction of certain sources within categories that contain numerous 
similar sources. The November 14, 2003, action describes our basis for 
approving the provisions for Standard Permits and describes how these 
rules meet EPA's requirements for new and modified sources.
    The SIP-approved provisions for Standard Permits include section 
116.603 (Public Participation in Issuance of Standard Permits). This 
SIP-approved section requires that the TCEQ publish notice of a 
proposed air quality Standard Permit in a daily or weekly newspaper of 
general circulation in the area affected by the activity that is the 
subject of the proposed Standard Permit. If the proposed Standard 
Permit will have statewide applicability, the SIP-approved rule 
requires TCEQ to publish notice in the daily newspaper of the largest 
general circulation within each of the following metropolitan areas: 
Amarillo, Austin, Corpus Christi, Dallas, El Paso, Houston, Lower Rio 
Grande Valley, Lubbock, the Permian Basin, San Antonio, and Tyler. The 
SIP-approved rule also requires that TCEQ publish notice in the Texas 
Register, an official State publication that is available throughout 
the State of Texas.
    On October 9, 2006, TCEQ submitted revisions to section 116.603. 
The State's revised rule requires newspaper notice for proposed 
Standard Permits with statewide applicability in only three of the 
eleven original metropolitan areas: Austin, Dallas, Houston, and any 
other regional newspaper designated by the Executive Director on a 
case-by-case basis. The State's rule no longer requires newspaper 
notice for each proposed Standard Permit to be published in Amarillo, 
Corpus Christi, El Paso, the Lower Rio Grande Valley, Lubbock, the 
Permian Basin, San Antonio, or Tyler. However, TCEQ will continue to 
publish public notice in the Texas Register and issue a press release.

III. What Is EPA's Evaluation of the Revised Regulations That Texas 
Submitted?

    EPA is aware that states' minor new source review programs vary 
widely from state to state. EPA has also approved various minor new 
source public notice and participation rules based on the environmental 
significance of the permit action. 68 FR 2894, 2895 (Jan. 22, 2003). 
Publication through newspaper notice for proposed Standard Permits with 
statewide applicability will be published in fewer metropolitan areas. 
However, notice will continue to be published in the Texas Register, an 
official, weekly publication that serves as the journal of state agency 
rulemaking. The Texas Register can be accessed through the Texas 
Secretary of State's website as well as other means.\1\ EPA believes 
this is sufficient to ensure public notice of Standard Permits with 
statewide applicability.
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    \1\ Any person can access the Texas Register at http://
www.sos.state.tx.us/texreg/index.shtml. Under this website, any 
person can access the current issue of the Texas Register and the 
back issues of the Texas Register beginning with the year 1991.
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    The revised rule provides that for a proposed Standard Permit with 
statewide applicability, to publish public notice in the daily 
newspaper of largest general circulation within the metropolitan areas 
of Austin, Dallas, and Houston, and any other regional newspapers 
designated by the executive director on a case-by-case basis. The 
Commission will also publish notice in the Texas Register and issue a 
press release. The TCEQ may use electronic means to transmit notice to 
selected state and local officials. Although EPA has considered whether 
TCEQ should develop replicable procedures for determining when to 
publish notice in other regional newspapers on a case-by-case basis, 
EPA believes that the baseline rule is sufficient provide adequate 
public notice to the entire State of Texas. The baseline notice 
includes:
     Publication in the daily newspaper of largest general 
circulation within the metropolitan areas of Austin, Dallas, and 
Houston;
     Publication of notice in the Texas Register;
     Issuance of a press release, and
     TCEQ may use electronic means to transmit notice to 
selected state and local officials.
    EPA believes that these requirements are sufficient to ensure 
adequate notice to the State of Texas. Accordingly, the publication of 
notice in other regional newspapers on a case-by-case basis will

[[Page 28073]]

be in addition to the above described baseline requirements.
    The public may also access Texas' proposed Standard Permits on the 
TCEQ's Web site. The TCEQ posts its proposed Standard Permits on its 
Web site at http://www.tceq.state.tx.us/permitting/air/nav/
standard.html. This Web site includes the public notice of proposed 
Standard Permits during the comment period, the information on TCEQ's 
final action on Standard Permits (including TCEQ's response to the 
comments received from the public, and the text of all existing 
Standard Permits.
    A more detailed discussion of Texas' public notice procedures for 
proposed Standard Permits is in the Technical Support Document which is 
in the docket for this proposed action.
    For the reasons discussed above and in the Technical Support 
Document, EPA believes that this revision to section 116.603 continues 
to ensure that the entire State of Texas is provided with adequate 
public notice of any proposed Standard Permit with statewide 
applicability and ensures that citizens in Texas are afforded the 
opportunity to comment on the proposed Standard Permit.
    Section 110(l) of the CAA states that EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and reasonable further progress 
towards attainment of the National Ambient Air Quality Standards 
(NAAQS) or any other applicable requirements of the Act. Based upon our 
review of the Texas SIP submittals discussed in this notice and the 
Technical Support Document, we believe indicate that the revisions will 
not interfere with any applicable requirements concerning attainment 
and reasonable further progress towards attainment of the NAAQS or any 
other applicable requirements of the Act.

IV. Proposed Action

    For the reasons discussed above, EPA is proposing to approve and 
requests comments on the changes to 30 TAC 116.603 (Public 
Participation in Issuance of Standard Permits) submitted October 9, 
2006, as a revision to the Texas SIP. EPA will evaluate all significant 
comments in finalizing its decision.

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 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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et. seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide, 
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen oxides, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: May 5, 2008.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

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

[FR Doc. E8-10924 Filed 5-14-08; 8:45 am]

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