[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8185-8188]
[FR Doc No: 2020-02054]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2019-0043; FRL-10004-67-Region 6]

Air Plan Approval; Texas; Revisions to Control of Air Pollution
by Permits for New Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
United States Environmental Protection Agency (U.S. EPA) is finalizing
approval of revisions to the Texas (TX) State Implementation Plan (SIP)
submitted on February 22, 2019, that revised the State's New Source
Review (NSR) permitting rules contained in Title 30 of the Texas
Administrative Code (TAC) Chapter 116 Control of Air Pollution by Air
Permits for New Construction or Modification. Our final action on the
February 22, 2019, submittal also addresses portions of an April 16,
2014, SIP submittal pertaining to the permitting of Greenhouse Gas
(GHG) emissions that were subsequently invalidated by the U.S. Supreme
Court. The February 22, 2019, submittal appropriately removes these
provisions from the Texas SIP.

DATES: This rule is effective on March 16, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2019-0043. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.

FOR FURTHER INFORMATION CONTACT: Elizabeth Layton, EPA Region 6 Office,
Air Permits Section (ARPE), 1201 Elm Street, Suite 500, Dallas, TX
75270,<PHONE_NUMBER><EMAIL_ADDRESS>To inspect the hard copy
materials, please schedule an appointment with Ms. Elizabeth Layton or
Mr. Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in depth in our
November 4, 2019, proposal (84 FR 59325). In that document we proposed
to approve revisions to the Texas SIP submitted February 22, 2019, by
the Texas Commission on Environmental Quality (TCEQ) that revise the
State's New Source Review (NSR) provisions pertaining to air quality
permits for the control of air pollution by amending the criteria for
air pollution control permits for new construction or modification, as
well as make other non-substantive revisions. The February 22, 2019,
submittal included the removal of provisions originally submitted on
April 16, 2014, that relate to the permitting of Greenhouse Gas
Emissions (GHGs) for ``non-anyway'' sources that were later invalidated
by the Supreme Court in Utility Air Regulatory Group (UARG) v. EPA (134
S. Ct. 2427 (2014)). See the proposed rulemaking (84 FR 59325) for more
details. We proposed to approve the removal of these provisions that
were impacted by the Court's ruling. The comments received on our
proposed rulemaking are outlined in the section below.

II. Response to Comments

    We received four public comments on the proposal. One commenter
(State of Texas) supported our proposed approval and agreed with the
EPA's determination that the revisions to the Texas SIP were consistent
with the CAA and the applicable federal rules and regulations relating
to air pollution control. We received three anonymous public comments.
One commenter opposed the approval of provisions relating to GHGs,
another commenter opposed approving the Texas SIP, and one commenter
opposed the approval of previously SIP-approved regulations containing
provisions that waive permit renewal fees for members of the military
on active duty stationed outside of the State of Texas. All public
comments submitted are in the public docket to this rulemaking. Our
responses to the comments are discussed below.
    Comment: The State of Texas supported the EPA's proposed approval
action and agreed with our determination that the revisions to the
Texas SIP were consistent with the CAA and applicable federal rules and
regulations pertaining to air pollution control.
    Response: The EPA appreciates the supportive comment from the State
of Texas. No changes will be made to the proposed rule as a result of
the comment.
    Comment: One anonymous commenter stated that the EPA should not
approve portions of 30 TAC section 116.196(a) that specifically pertain
to the exemption from permit renewal fees if a permit holder is on
active duty in the U.S. Armed Forces and is serving outside the State
of Texas. The commenter argues that if the permit holder is in fact
serving in the military, then the TCEQ/EPA should require a secondary
``responsible official'' to submit timely permit renewal applications
and the TCEQ/EPA should not grant exemptions from permit renewal fees
as an approved provision in the SIP. The commenter states that this
provision should be considered a state-only provision and not be
approved into the SIP.
    Response: As a threshold matter, the EPA must respond to all
significant comments received. While considering significant comments,
a determination must be made regarding the comment's relevance, i.e.,
if the subject matter of the comment is relevant to the specific action
being reviewed and submitted for approval. The EPA is only required to
respond to comments that are determined to be relevant, meaning in part
that any such comment, after our

consideration, could require a change in our proposed rule. Expressly,
the EPA is required to address significant comments deemed relevant to
the specific set of rules being proposed for action and then take
action on that specific set of rules with consideration of those
comments. We first note that the provisions quoted by the commenter are
actually located at 30 TAC Section 116.310. In the current action, we
did not propose for approval any provisions that relate to the waiver
of permit renewal fees for members of the military serving outside of
the State of Texas. Those provisions were submitted to the EPA on
August 31, 1993, and were approved into the SIP by the EPA on March 10,
2006 (71 FR 12285). The public comment received by the commenter on a
prior rulemaking is not relevant to the current rulemaking, and as
such, no changes will be made in response to the comment received.
Additionally, no challenge to that prior, final rulemaking action was
filed and the timeframe has long passed to seek judicial review on that
particular rulemaking. (See Administrative Procedure Act, 5 U.S.C.
704).
    Comment: One anonymous commenter states that the ``EPA should
disapprove the regulation on GHGs,'' and goes on to discuss the
potential factors that can generally affect the EPA's approval of
environmental regulations (cost, duration, subject matter).
Additionally, the commenter requests the EPA to take the opportunity to
review GHG regulations on carbon dioxide. Lastly, the commenter states
that pending an official rulemaking on GHG's, EPA may not be able to
make a ``regulatory ruling in time for the 2022 planned deadline.''
    Response: See our response to the comment above related to the
EPA's duty to respond to significant comments. The EPA has evaluated
the comment, and we view the comment as not relevant to the specific
subject matter at hand and is outside the scope of this rulemaking
action. The general regulation and review of GHG's is not a part of the
current action, nor germane to our final action and therefore, we are
not required to respond to the comment. Further, the commenter does not
provide context or detail to a ``2022 planned deadline'' therefore we
are unable to discern the commenter's concern. However, we do note that
we are bound by the U.S. Supreme Court's ruling, UARG v. EPA (2014),
concerning the regulation of GHG's that is referenced in this action
and our approval of the removal of the specific ``Step 2'' GHG
provisions was based on the Court's ruling.
    Comment: One anonymous commenter stated that the EPA should
``disapprove the Texas SIPs'' and supply the rationale behind why the
state does not have the legal authority to do so on its own.
Additionally, the commenter wants the EPA to examine interstate
hydrocarbon transport, regulate GHG emissions under the CAA
(specifically the NSR/PSD and 111(d) programs), as well as consider
climate change and our demand for resources. The commenter also
expresses the need to reduce the amount of carbon being burned and
phase out conventional energy sources by 2020.
    Response: See our responses above related to the EPA's duty to
respond to significant comments. We do not agree that the EPA should
disapprove the Texas SIP. We find that the State has submitted
approvable SIP revisions and are thus approving them under the CAA that
gives EPA the authority to do so. The comments related to regulating
GHG's under NSR/PSD and CAA 111(d), climate change, and reduction of
carbon is outside the scope of this rulemaking action. We are therefore
not required to respond to the comment. Again, in this action, we are
acting consistent with the U.S. Supreme Court's ruling in UARG v. EPA
(2014) and our approval of the removal of the specific ``Step 2'' GHG
provisions is appropriate here.

III. Final Action

    We are approving revisions to the Texas SIP that revise NSR air
permitting rules. We are also approving revisions to the Texas NSR
rules related to the permitting of greenhouse gas emissions as being
consistent with federal requirements. As explained in detail in the
proposed rulemaking accompanying this action, we have determined that
the revisions adopted on October 31, 2018, and submitted on February
22, 2019, were developed in accordance with the CAA and EPA's
regulations, case law, policy and guidance for NSR permitting.
Therefore, under section 110 of the Act, the EPA approves the following
revisions to the Texas SIP in the following Sections of 30 TAC Chapter
116, submitted on February 22, 2019:
     Revisions to 30 TAC Section 116.114;
     Revisions to 30 TAC Section 116.160;
     Revisions to 30 TAC Section 116.164(a);
     Revisions to 30 TAC Section 116.196;
     Revisions to 30 TAC Section 116.198;
     Revisions to 30 TAC Section 116.310;
     Revisions to 30 TAC Section 116.611; and
     Revisions to 30 TAC Section 116.615

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Texas regulations described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated in the next update to the
SIP compilation.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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).
    In addition, 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 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).
    The Congressional Review Act, 5 U.S.C. 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. The 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 April 13, 2020. 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, Incorporation by
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 29, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270, in paragraph (c), the table titled ``EPA Approved
Regulations in the Texas SIP'' is amended by revising the entries for
Sections 116.114, 116.160, 116.164, 116.196, 116.198, 116.310, 116.611,
and 116.615 to read as follows:

Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                 State approval/
        State citation           Title/subject      submittal      EPA approval             Explanation
                                                      date             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
        Chapter 116 Revisions to Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                                     Subchapter B: New Source Review Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.114...............  Application          10/31/2018  2/13/2020,       ..............................
                                 Review                           [Insert
                                 Schedule.                        Federal
                                                                  Register
                                                                  citation].

                                                  * * * * * * *
Section 116.160...............  Prevention of        10/31/2018  2/13/2020,       The PSD SIP includes 30 TAC
                                 Significant                      [Insert          Section 116.160(a) as adopted
                                 Deterioration.                   Federal          by the State as of 6/2/2010.
                                                                  Register         The PSD SIP includes a letter
                                                                  citation].       from the TCEQ dated December
                                                                                2, 2013, committing that
                                                                                Texas will follow a SIP
                                                                                amendment process to apply
                                                                                its PSD SIP to additional
                                                                                pollutants that are regulated
                                                                                in the future, including non-
                                                                                NAAQS pollutants. The PSD SIP
                                                                                includes a letter from the
                                                                                TCEQ dated May 30, 2014,
                                                                                clarifying the judicial
                                                                                review process for the Texas
                                                                                PSD permit program.

                                                  * * * * * * *
Section 116.164...............  Prevention of        10/31/2018  ...............  The PSD SIP does NOT include
                                 Significant                                       30 TAC Sections 116.164(b).
                                 Deterioration
                                 Applicability
                                 for Greenhouse
                                 Gases Sources.

                                                  * * * * * * *
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                                  Subchapter C: Plant-wide Applicability Limits
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                                                  * * * * * * *
Section 116.196...............  Renewal of a         10/31/2018  ...............  ..............................
                                 Plant-wide
                                 Applicability
                                 Limit Permit.
Section 116.198...............  Expiration of        10/31/2018  ...............  ..............................
                                 Voidance.

                                                  * * * * * * *
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                                          Subchapter D: Permit Renewals
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Section 116.310...............  Notification of      10/31/2018  ...............  ..............................
                                 Permit Holder.

                                                  * * * * * * *
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                                         Subchapter F: Standard Permits
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                                                  * * * * * * *
Section 116.611...............  Registration to      10/31/2018  ...............  30 TAC Section 116.611(b) is
                                 Use a Standard                                    SIP-approved as adopted by
                                 Permit.                                           the State as of 11/20/2002.
                                                                                The SIP does NOT include 30
                                                                                TAC Section 116.611(c)(3),
                                                                                (c)(3)(A), and (c)(3)(B).

                                                  * * * * * * *
Section 116.615...............  General              10/31/2018  ...............  ..............................
                                 Conditions.

                                                  * * * * * * *
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[FR Doc. 2020-02054 Filed 2-12-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31748-31749]
[FR Doc No: 2018-14564]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR18-27-000]

Enterprise Crude Pipeline LLC; Notice of Petition for Declaratory
Order

    Take notice that on June 27, 2018, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and

Procedure, 18 CFR 385.207(a)(2) (2017), Enterprise Crude Pipeline LLC
(ECPL), filed a petition for a declaratory order seeking approval of
the specific rate structures, terms of service, and prorationing
methodology for a newly constructed and expanded pipeline system that
ECPL is developing to transport additional volumes of crude oil from
multiple origin points in New Mexico to ECPL's crude oil terminal,
pumping station, and tank farm facility in Midland, Texas, as more
fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on July 27, 2018.

    Dated: June 28, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-14564 Filed 7-6-18; 8:45 am]
 BILLING CODE 6717-01-P


MEMORANDUM

DATE:		September 11, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Anita Lee, EPA Region 9

SUBJECT:	August 22, 2014 Meeting and Tribal Consultation with Fort Mojave Tribe Regarding Proposed Clean Power Plan for Existing Power Plants
--------------------------------------------------------------------------------

SUMMARY

      A meeting was held between EPA and the attendees listed below on August 22, 2014 to discuss the proposed Clean Power Plan for Existing Power Plants and the forthcoming Supplemental Proposal for Tribes and Territories. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014 and published in the Federal Register on June 18, 2014.

ATTENDEES

Fort Mojave Indian Tribe
   * Luke Johnson, Environmental Director
   * Christine Medley, GAP Coordinator
   * Walter Roderick, Emergency Programs and Environmental Response

EPA
   * Tom Powers, Senior Policy Advisor, Office of Air and Radiation
   * Melanie King, Office of Air Quality Planning and
   * Standards (OAQPS)
   * Matt Clouse, EPA Office of Atmospheric Programs
   * Nate Topham, OAQPS
   * Mary Johnson, OAQPS
   * Rick Vetter, Office of General Counsel
   * Amy Zimpfer, Associate Director, Region 9 Air Division
   * Anita Lee, Region 9 Air Division
   * Destinee Cooper, Region 9 Land Division

Calpine
   * Kurt Fetters, General Manager of South Point Energy Center
   * Barbara McBride, Director of Environmental Services
   * Bruce Carlson, Director of Environmental Health and Safety

ATTACHMENTS
   * Powerpoint presentation titled "Clean Power Plan_Consultation with Fort Mojave Tribe_082214.pptx"