[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Rules and Regulations]
[Pages 1610-1615]
[FR Doc No: 2019-00712]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0616; FRL-9988-35-Region 8]

Approval and Promulgation of Implementation Plans; North Dakota;
Revisions to Infrastructure Requirements for All National Ambient Air
Quality Standards; Carbon Monoxide (CO); Lead (Pb); Nitrogen Dioxide
(NO2); Ozone (O3); Particle Pollution (PM2.5, PM10); Sulfur Dioxide
(SO2); Recodification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the North Dakota State Implementation Plan (SIP) for all
National Ambient Air Quality Standards (NAAQS) for the purposes of
transferring authority from the North Dakota Department of Health
(NDDH) to the North Dakota Department of Environmental Quality (NDDEQ).
We are approving the related recodification of the portions of North
Dakota's Air Pollution Rules that have been previously approved into
the SIP. The EPA is taking this action pursuant to section 110 of the
Clean Air Act (CAA).

DATES: This rule is effective on March 15, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0616. All documents in the docket are
listed on the http://www.regulations.gov website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air Program, EPA, Region
8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
(303) 312-6175<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our
October 10, 2018 proposal (83 FR 50865). In that document we proposed
to approve revisions to the North Dakota SIP for all NAAQS for the
purposes of transferring authority from the NDDH to the NDDEQ. We also
proposed to approve the related recodification of the portions of North
Dakota's Air Pollution Rules that have been previously approved into
the SIP.
    Table 1 shows the North Dakota air pollution rules that have been
recodified in the North Dakota Administrative Code (NDAC) and indicates
their old and new references in the SIP.

            Table 1--NDAC References: Pre/Post Recodification
------------------------------------------------------------------------
           Old reference                        New reference
------------------------------------------------------------------------
                 33-15-01                           33.1-15-01
                 33-15-02                           33.1-15-02
                 33-15-03                           33.1-15-03
                 33-15-04                           33.1-15-04
                 33-15-05                           33.1-15-05
                 33-15-06                           33.1-15-06
                 33-15-07                           33.1-15-07
                 33-15-08                           33.1-15-08
                 33-15-10                           33.1-15-10
                 33-15-11                           33.1-15-11
                 33-15-14                           33.1-15-14
                 33-15-15                           33.1-15-15
                 33-15-17                           33.1-15-17
                 33-15-18                           33.1-15-18
                 33-15-19                           33.1-15-19
                 33-15-20                           33.1-15-20
                 33-15-23                           33.1-15-23
                 33-15-25                           33.1-15-25
------------------------------------------------------------------------

    We received no comments on our proposal and this rule will be
finalized as proposed without revisions.

II. Final Action

    We are approving the August 18, 2018 revisions to the North Dakota
infrastructure SIP, for all NAAQS, for the purposes of the transfer of
authority from NDDH to the NDDEQ. We are also approving the
corresponding recodification of the entire SIP. For the basis of our
approval, please refer to the October 10, 2018 proposal (83 FR 50865).
    All revisions to the SIP program will be federally enforceable as
of the effective date of today's approval of the respective revision
and recodification of that program. Based on the process outlined in
our proposal and our subsequent conversations with the State, we have
determined that our approval of the SIP program should become fully
effective under federal law on March 15, 2019. The State plans to rely
on the date when the EPA signs the final notice for purposes of
notifying the state legislature that the EPA has approved these
revisions, which will

provide for the transfer authority from NDDH to NDDEQ to be effective
under State law. Prior to the effective date of this approval, the
State intends to take the necessary additional steps as specified in
S.L. 2017, ch. 199, Section 1, to ensure that NDDEQ rules and the NDDEQ
would become federally enforceable on the effective date of the EPA's
approval. Unless and until the NDDEQ rules and agency become fully
effective under federal law, for purposes of federal law the EPA
recognizes the State's program as currently approved under the North
Dakota Department of Health.

III. Incorporation by Reference

    In this document, 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
NDDEQ rules regarding definitions and permitting requirements discussed
in section I of this preamble. 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). 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 by reference in the next
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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, the 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 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, 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 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 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 8, 2019. 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, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
    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 JJ--North Dakota

0
2. In Sec.  52.1820, paragraph (c), the table is revised to read as
follows:

Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *

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                                                 State         EPA
         Rule No.              Rule title      effective    effective       Final rule            Comments
                                                  date         date       citation/date
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                                         33.1-15-01. General Provisions
----------------------------------------------------------------------------------------------------------------
33.1-15-01-01............  Purpose..........     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-01 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-01-02............  Scope............     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-02 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-01-03............  Authority........     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-03 on 4/
                                                                         citation], 2/5/    2/2004, 69 FR 17302.
                                                                         2019.
33.1-15-01-04............  Definitions......     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-04 on 10/
                                                                         citation], 2/5/    21/2016, 81 FR
                                                                         2019.              72718.
33.1-15-01-05............  Abbreviations....     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-05 on 10/
                                                                         citation], 2/5/    21/2016, 81 FR
                                                                         2019.              72718.
33.1-15-01-06............  Entry onto            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            Premises--Author                             Register           as 33-15-01-06 on 5/
                            ity.                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-01-07............  Variances........     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-07 on 6/
                                                                         citation], 2/5/    26/1992, 57 FR
                                                                         2019.              28619.
33.1-15-01-08............  Circumvention....     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-08 on 6/
                                                                         citation], 2/5/    26/1992, 57 FR
                                                                         2019.              28619.
33.1-15-01-09............  Severability.....     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-09 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-01-10............  Land use plans        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            and zoning                                   Register           as 33-15-01-10 on 5/
                            regulations.                                 citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-01-12............  Measurement of        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            emissions of air                             Register           as 33-15-01-12 on 2/
                            contaminants.                                citation], 2/5/    28/2003, 68 FR 9565.
                                                                         2019.
33.1-15-01-13............  Shutdown and          1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            malfunction of                               Register           as 33-15-01-13 on 10/
                            an installation--                            citation], 2/5/    21/2016, 81 FR
                            Requirement for                              2019.              72718.
                            notification.
33.1-15-01-14............  Time schedule for     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            compliance.                                  Register           as 33-15-01-14 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-01-15............  Prohibition of        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            air pollution.                               Register           as 33-15-01-15 on 2/
                                                                         citation], 2/5/    28/2003, 68 FR 9565.
                                                                         2019.
33.1-15-01-16............  Confidentiality       1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            of records.                                  Register           as 33-15-01-16 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-01-17............  Enforcement......     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-01-17 on 10/
                                                                         citation], 2/5/    21/2004, 69 FR
                                                                         2019.              61762.
33.1-15-01-18............  Compliance            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            Certifications.                              Register           as 33-15-01-18 on 10/
                                                                         citation], 2/5/    21/2004, 69 FR
                                                                         2019.              61762.
----------------------------------------------------------------------------------------------------------------
                                    33.1-15-02. Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
33.1-15-02-01............  Scope............     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-02-01 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-02-02............  Purpose..........     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-02-02 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-02-03............  Air quality           1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            guidelines.                                  Register           as 33-15-02-03 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-02-04............  Ambient air           1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            quality                                      Register           as 33-15-02-04 on 5/
                            standards.                                   citation], 2/5/    2/2014, 79 FR 25021.
                                                                         2019.
33.1-15-02-05............  Method of             1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            sampling and                                 Register           as 33-15-02-05 on 10/
                            analysis.                                    citation],         8/1996, 61 FR 52865.
                                                                         [Insert date of
                                                                         publication in
                                                                         the Federal
                                                                         Register].
33.1-15-02-06............  Reference             1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            conditions.                                  Register           as 33-15-02-06 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-02-07............  Concentration of      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            air contaminants                             Register           as 33-15-02-07 on 5/
                            in the ambient                               citation], 2/5/    2/2014, 79 FR 25021.
                            air restricted.                              2019.
Table 1..................  Ambient Air           1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            Quality                                      Register           as Table 1 on 10/21/
                            Standards.                                   citation], 2/5/    2016, 81 FR 72718.
                                                                         2019.
Table 2..................  National Ambient      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            Air Quality                                  Register           as Table 2 on 5/2/
                            Standards.                                   citation], 2/5/    2014, 79 FR 25021.
                                                                         2019.
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                         33.1-15-03. Restriction of Emission of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
33.1-15-03-01............  Restrictions          1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            applicable to                                Register           as 33-15-03-01 on 5/
                            existing                                     citation], 2/5/    12/1989, 54 FR
                            installations.                               2019.              20574.
33.1-15-03-02............  Restrictions          1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            applicable to                                Register           as 33-15-03-02 on 5/
                            new                                          citation], 2/5/    12/1989, 54 FR
                            installations                                2019.              20574.
                            and all
                            incinerators.
33.1-15-03-03............  Restrictions          1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            applicable to                                Register           as 33-15-03-03 on 5/
                            fugitive                                     citation],         12/1989, 54 FR
                            emissions.                                   [Insert date of    20574.
                                                                         publication in
                                                                         the Federal
                                                                         Register].
33.1-15-03-03.1..........  Restrictions          1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            applicable to                                Register           as 33-15-03-03.1 on
                            flares.                                      citation], 2/5/    5/12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-03-04............  Exceptions.......     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-03-04 on 10/
                                                                         citation], 2/5/    21/2016, 81 FR
                                                                         2019.              72718.
33.1-15-03-05............  Method of             1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            measurement.                                 Register           as 33-15-03-05 on 10/
                                                                         citation], 2/5/    10/2017, 82 FR
                                                                         2019.              46919.
----------------------------------------------------------------------------------------------------------------

                                      33.1-15-04. Open Burning Restrictions
----------------------------------------------------------------------------------------------------------------
33.1-15-04-01............  Refuse burning        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            restrictions.                                Register           as 33-15-04-01 on 5/
                                                                         citation], 2/5/    27/2008, 73 FR
                                                                         2019.              30308.
33.1-15-04-02............  Permissible open      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            burning.                                     Register           as 33-15-04-02 on 10/
                                                                         citation], 2/5/    21/2016, 81 FR
                                                                         2019.              72718.
----------------------------------------------------------------------------------------------------------------
                             33.1-15-05. Emissions of Particulate Matter Restricted
----------------------------------------------------------------------------------------------------------------
33.1-15-05-01............  Restriction of        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            emission of                                  Register           as 33-15-05-01 on 11/
                            particulate                                  citation], 2/5/    21/2014, 79 FR
                            matter from                                  2019.              63045.
                            industrial
                            processes.
33.1-15-05-02............  Maximum allowable     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            emission of                                  Register           as 33-15-05-02 on 10/
                            particulate                                  citation], 2/5/    21/2004, 69 FR
                            matter from fuel                             2019.              61762.
                            burning
                            equipment used
                            for indirect
                            heating.
33.1-15-05-03.2..........  Refuse                1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            incinerators.                                Register           as 33-15-05-03.2 on
                                                                         citation], 2/5/    11/4/2011, 76 FR
                                                                         2019.              68317.
33.1-15-05-03.3..........  Other waste           1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            incinerators.                                Register           as 33-15-05-03.3 on
                                                                         citation], 2/5/    10/21/2004, 69 FR
                                                                         2019.              61762.
33.1-15-05-04............  Methods of            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            measurement.                                 Register           as 33-15-05-04 on 10/
                                                                         citation], 2/5/    21/2016, 81 FR
                                                                         2019.              72718.
----------------------------------------------------------------------------------------------------------------
                              33.1-15-06. Emissions of Sulfur Compounds Restricted
----------------------------------------------------------------------------------------------------------------
33.1-15-06-01............  Restriction of        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            emissions of                                 Register           as 33-15-06-01 on 10/
                            sulfur dioxide                               citation], 2/5/    21/2004, 69 FR 61762
                            from use of fuel.                            2019.             See 63 FR 45722 (8/27/
                                                                                98) for additional
                                                                                material.
33.1-15-06-02............  Restriction of        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            emissions of                                 Register           as 33-15-06-02 on 10/
                            sulfur oxides                                citation], 2/5/    20/1993, 58 FR
                            from industrial                              2019.              54041.
                            processes.
33.1-15-06-03............  Methods of            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            measurement.                                 Register           as 33-15-06-03 on 10/
                                                                         citation], 2/5/    21/2004, 69 FR
                                                                         2019.              61762.
33.1-15-06-04............  Continuous            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            emission                                     Register           as 33-15-06-04 on 10/
                            monitoring                                   citation], 2/5/    20/1993, 58 FR
                            requirements.                                2019.              54041.
33.1-15-06-05............  Reporting and         1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            recordkeeping                                Register           as 33-15-06-05 on 10/
                            requirements.                                citation], 2/5/    21/2016, 81 FR
                                                                         2019.              72718.
----------------------------------------------------------------------------------------------------------------
                               33.1-15-07. Control of Organic Compounds Emissions
----------------------------------------------------------------------------------------------------------------
33.1-15-07-01............  Requirements for      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            construction of                              Register           as 33-15-07-01 on 8/
                            organic                                      citation], 2/5/    31/1999, 64 FR
                            compounds                                    2019.              47395.
                            facilities.
33.1-15-07-02............  Requirements for      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            organic                                      Register           as 33-15-07-02 on 8/
                            compounds gas                                citation], 2/5/    21/1995, 60 FR
                            disposal.                                    2019.              43396.
----------------------------------------------------------------------------------------------------------------
            33.1-15-08. Control of Air Pollution From Vehicles and Other Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
33.1-15-08-01............  Internal              1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            combustion                                   Register           as 33-15-08-01 on 11/
                            engine emissions                             citation], 2/5/    2/1979, 44 FR 63102.
                            restricted.                                  2019.
33.1-15-08-02............  Removal and/or        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            disabling of                                 Register           as 33-15-08-02 on 11/
                            motor vehicle                                citation], 2/5/    2/1979, 44 FR 63102.
                            pollution                                    2019.
                            control devices
                            prohibited.
----------------------------------------------------------------------------------------------------------------
                                        33.1-15-10. Control of Pesticides
----------------------------------------------------------------------------------------------------------------
33.1-15-10-01............  Pesticide use         1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            restricted.                                  Register           as 33-15-10-01 on 8/
                                                                         citation], 2/5/    9/1990, 55 FR 32403.
                                                                         2019.
33.1-15-10-02............  Restrictions on       1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            the disposal of                              Register           as 33-15-10-02 on 6/
                            surplus                                      citation], 2/5/    26/1992, 57 FR
                            pesticides and                               2019.              28619.
                            empty pesticide
                            containers.
----------------------------------------------------------------------------------------------------------------
                           33.1-15-11. Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
33.1-15-11-01............  Air pollution         1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            emergency.                                   Register           as 33-15-11-01 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-11-02............  Air pollution         1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            episode criteria.                            Register           as 33-15-11-02 on 5/
                                                                         citation], 2/5/    12/1989, 54 FR
                                                                         2019.              20574.
33.1-15-11-03............  Abatement             1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            strategies                                   Register           as 33-15-11-03 on 5/
                            emission                                     citation], 2/5/    12/1989, 54 FR
                            reduction plans.                             2019.              20574.
33.1-15-11-04............  Preplanned            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            abatement                                    Register           as 33-15-11-04 on 8/
                            strategies plans.                            citation], 2/5/    9/1990, 55 FR 32403.
                                                                         2019.
Table 6..................  Air pollution         1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            episode criteria.                            Register           as Table 6 on 4/21/
                                                                         citation], 2/5/    1997, 62 FR 19224.
                                                                         2019.

Table 7..................  Abatement             1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            strategies                                   Register           as Table 7 on 4/21/
                            emission                                     citation], 2/5/    1997, 62 FR 19224.
                            reduction plans.                             2019.
----------------------------------------------------------------------------------------------------------------
  33.1-15-14. Designated Air Contaminant Sources, Permit To Construct, Minor Source Permit To Operate, Title V
                                                Permit To Operate
----------------------------------------------------------------------------------------------------------------
33.1-15-14-01............  Designated air        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            contaminant                                  Register           as 33-15-14-01 on 5/
                            sources.                                     citation], 2/5/    2/2014, 79 FR 25021.
                                                                         2019.
33.1-15-14-01.1..........  Definitions......     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-14-01 on 4/
                                                                         citation], 2/5/    21/1997, 62 FR
                                                                         2019.              19224.
33.1-15-14-02............  Permit to             1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            construct.                                   Register           as 33-15-14-02 on 10/
                                                                         citation], 2/5/    10/2017, 82 FR 46919
                                                                         2019.             Excluding subsections
                                                                                1, 12, 13, 3.c.,
                                                                                13.b.1., 5, 13.c.,
                                                                                13.i(5), 13.o., and
                                                                                19 (one sentence)
                                                                                which were
                                                                                subsequently revised
                                                                                and approved. See 57
                                                                                FR 28619 (6/26/92),
                                                                                regarding State's
                                                                                commitment to meet
                                                                                requirements of
                                                                                EPA's ``Guideline on
                                                                                Air Quality Models
                                                                                (revised).''.
33.1-15-14-03............  Minor source          1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            permit to                                    Register           as 33-15-14-03 on 5/
                            operate.                                     citation], 2/5/    2/2014, 79 FR 25021.
                                                                         2019.
33.1-15-14-07............  Source exclusion      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            from title V                                 Register           as 33-15-14-07 on 2/
                            permit to                                    citation], 2/5/    28/2003, 68 FR 9565.
                            operate                                      2019.
                            requirements.
----------------------------------------------------------------------------------------------------------------
                       33.1-15-15. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
33.1-15-15-01.1..........  Purpose..........     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-15-01 on 7/
                                                                         citation], 2/5/    19/2007, 72 FR
                                                                         2019.              39564.
33.1-15-15-01.2..........  Scope............     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-15-01 on 10/
                                                                         citation], 2/5/    21/2016, 81 FR 72718
                                                                         2019.              Except for the
                                                                                revision associated
                                                                                with 40 CFR
                                                                                52.21(l)(1).
33.1-15-15-02............  Reclassification.     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-15-02 on 7/
                                                                         citation], 2/5/    19/2007, 72 FR
                                                                         2019.              39564.
----------------------------------------------------------------------------------------------------------------
                                  33.1-15-17. Restriction of Fugitive Emissions
----------------------------------------------------------------------------------------------------------------
33.1-15-17-01............  General               1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            provisions--appl                             Register           as 33-15-17-01 on 2/
                            icability and                                citation], 2/5/    28/2003, 68 FR 9565.
                            designation of                               2019.
                            affected
                            facilities.
33.1-15-17-02............  Restriction of        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            fugitive                                     Register           as 33-15-17-02 on 10/
                            particulate                                  citation], 2/5/    21/2016, 81 FR
                            emissions.                                   2019.              72718.
33.1-15-17-03............  Reasonable            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            precautions for                              Register           as 33-15-17-03 on 11/
                            abating and                                  citation], 2/5/    2/1979, 44 FR 63102.
                            preventing                                   2019.
                            fugitive
                            particulate
                            emissions.
33.1-15-17-04............  Restriction of        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            fugitive gaseous                             Register           as 33-15-17-04 on 11/
                            emissions.                                   citation], 2/5/    2/1979, 44 FR 63102.
                                                                         2019.
----------------------------------------------------------------------------------------------------------------
                                            33.1-15-18. Stack Heights
----------------------------------------------------------------------------------------------------------------
33.1-15-18-01............  General               1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            provisions.                                  Register           as 33-15-18-01 on 11/
                                                                         citation], 2/5/    14/1988, 53 FR
                                                                         2019.              45763.
33.1-15-18-02............  Good engineering      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            practice                                     Register           as 33-15-18-02 on 11/
                            demonstrations.                              citation], 2/5/    14/1988, 53 FR
                                                                         2019.              45763.
33.1-15-18-03............  Exemptions.......     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-18-03 on 11/
                                                                         citation], 2/5/    14/1988, 53 FR
                                                                         2019.              45763.
----------------------------------------------------------------------------------------------------------------
                                        33.1-15-19. Visibility Protection
----------------------------------------------------------------------------------------------------------------
33.1-15-19-01............  General               1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            provisions.                                  Register           as 33-15-19-01 on 9/
                                                                         citation], 2/5/    28/88, 53 FR 37757.
                                                                         2019.
33.1-15-19-02............  Review of new         1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            major stationary                             Register           as 33-15-19-02 on 9/
                            sources and                                  citation], 2/5/    28/88, 53 FR 37757.
                            major                                        2019.
                            modifications.
33.1-15-19-03............  Visibility            1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            monitoring.                                  Register           as 33-15-19-03 on 9/
                                                                         citation], 2/5/    28/88, 53 FR 37757.
                                                                         2019.
----------------------------------------------------------------------------------------------------------------
                  33.1-15-20. Control of Emissions From Oil and Gas Well Production Facilities
----------------------------------------------------------------------------------------------------------------
33.1-15-20-01............  General               1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            provisions.                                  Register           as 33-15-20-01 on 8/
                                                                         citation], 2/5/    21/95, 60 FR 43396.
                                                                         2019.
33.1-15-20-02............  Registration and      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            reporting                                    Register           as 33-15-20-02 on 8/
                            requirements.                                citation], 2/5/    21/95, 60 FR 43396.
                                                                         2019.
33.1-15-20-03............  Prevention of         1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            significant                                  Register           as 33-15-20-03 on 8/
                            deterioration                                citation], 2/5/    21/95, 60 FR 43396.
                            applicability                                2019.
                            and source
                            information
                            requirements.
33.1-15-20-04............  Requirements for      1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            control of                                   Register           as 33-15-20-04 on 6/
                            production                                   citation], 2/5/    26/92, 57 FR 28619.
                            facility                                     2019.
                            emissions.
----------------------------------------------------------------------------------------------------------------

                                                33.1-15-23. Fees
----------------------------------------------------------------------------------------------------------------
33.1-15-23-01............  Definitions......     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-23-01 on 4/
                                                                         citation], 2/5/    21/97, 62 FR 19224.
                                                                         2019.
33.1-15-23-02............  Permit to             1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            construct fees.                              Register           as 33-15-23-02 on 10/
                                                                         citation], 2/5/    21/16, 81 FR 72718.
                                                                         2019.
33.1-15-23-03............  Minor source          1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            permit to                                    Register           as 33-15-23-03 on 10/
                            operate fees.                                citation], 2/5/    21/16, 81 FR 72718.
                                                                         2019.
----------------------------------------------------------------------------------------------------------------
                                     33.1-15-25. Regional Haze Requirements
----------------------------------------------------------------------------------------------------------------
33.1-15-25-01............  Definitions......     1/1/2019    3/15/2019  [Insert Federal    Originally approved
                                                                         Register           as 33-15-25-01 on 4/
                                                                         citation], 2/5/    6/12, 77 FR 20894.
                                                                         2019.
33.1-15-25-02............  Best available        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            retrofit                                     Register           as 33-15-25-02 on 4/
                            technology.                                  citation], 2/5/    6/12, 77 FR 20894.
                                                                         2019.
33.1-15-25-03............  Guidelines for        1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            best available                               Register           as 33-15-25-03 on 4/
                            retrofit                                     citation], 2/5/    6/12, 77 FR 20894.
                            technology                                   2019.
                            determinations
                            under the
                            regional haze
                            rule.
33.1-15-25-04............  Monitoring,           1/1/2019    3/15/2019  [Insert Federal    Originally approved
                            recordkeeping,                               Register           as 33-15-25-04 on 4/
                            and reporting.                               citation], 2/5/    6/12, 77 FR 20894.
                                                                         2019.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-00712 Filed 2-4-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77669-77670]
[FR Doc No: 2013-30548]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-14-000.
    Applicants: NRG Energy Holdings, Inc., Edison Mission Energy.
    Description: NRG Energy Holdings Inc. submits additional
information concerning the application relating to the delivered price
tests analyses pursuant to Appendix A of the Merger Policy Statement.
    Filed Date: 12/11/13.
    Accession Number: 20131212-0009.
    Comments Due: 5 p.m. ET 1/2/14.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-17-000.
    Applicants: RE Clearwater LLC.
    Description: RE Clearwater LLC Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 12/12/13.
    Accession Number: 20131212-5151.
    Comments Due: 5 p.m. ET 1/2/14.

    Docket Numbers: EG14-18-000.
    Applicants: RE Columbia Two LLC.
    Description: RE Columbia Two LLC Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 12/12/13.
    Accession Number: 20131212-5155.
    Comments Due: 5 p.m. ET 1/2/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2607-003; ER10-2626-002; ER10-2624-002.
    Applicants: Old Dominion Electric Cooperative, Inc., New Dominion
Energy Cooperative, TEC Trading, Inc.
    Description: Triennial Market Power Update of the ODEC Entities
under ER10-2607, et. al.
    Filed Date: 12/13/13.
    Accession Number: 20131213-5276.
    Comments Due: 5 p.m. ET 2/11/14.

    Docket Numbers: ER11-2664-007.
    Applicants: Powerex Corp.
    Description: Notice of Non-Material Change in Status of Powerex
Corp.
    Filed Date: 12/13/13.
    Accession Number: 20131213-5278.
    Comments Due: 5 p.m. ET 1/3/14.

    Docket Numbers: ER13-630-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company's Second Supplement to
December 28, 2012 Triennial Market Power Update.
    Filed Date: 12/11/13.
    Accession Number: 20131211-5179.
    Comments Due: 5 p.m. ET 1/2/14.

    Docket Numbers: ER13-2295-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 12-16-2013 TCDC Compliance Filing to be effective 11/
1/2013.
    Filed Date: 12/13/13.
    Accession Number: 20131213-5244.
    Comments Due: 5 p.m. ET 1/3/14.

    Docket Numbers: ER14-612-001.
    Applicants: Skylar Energy LP.
    Description: Amendment to Skylar Petition to be effective 1/16/
2014.
    Filed Date: 12/13/13.
    Accession Number: 20131213-5224.
    Comments Due: 5 p.m. ET 1/3/14.

    Docket Numbers: ER14-624-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 12-16-2013 Cleco NITSA NOA Succession Filing to be
effective 12/19/2013.
    Filed Date: 12/13/13.
    Accession Number: 20131213-5240.
    Comments Due: 5 p.m. ET 1/3/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern
time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 16, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-30548 Filed 12-23-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Pages 689-690]
[FR Doc No: 2019-00515]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-6-002]

FirstEnergy Service Company; Notice of Filing

    Take notice that on January 18, 2019, FirstEnergy Service Company
submitted a Notice of Non-Material Change in Circumstances pursuant to
the order issued by the Federal Energy Regulatory Commission
(Commission), in the above captioned proceeding, on February 2,
2018.\1\
---------------------------------------------------------------------------

    \1\ FirstEnergy Service Company, 162 FERC ] 61,087 (2018).
---------------------------------------------------------------------------

    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. On or before the comment date, it
is not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    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_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on February 8, 2019.

    Dated: January 23, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-00515 Filed 1-30-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5685]
[DOCID:fr07fe07-51]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-144-000]

El Paso Natural Gas Company; Notice of Filing

January 30, 2007.
    Take notice that on January 24, 2007, El Paso Natural Gas Company
(EPNG) tendered for filing nine Rate Schedule FT-1 transportation
service agreements (TSAs) containing revised exhibits with UNS Gas,
Inc., Arizona Public Service Company and Public Service Company of New
Mexico, which are currently referenced as non-conforming agreements in
its FERC Gas Tariff, Second Revised Volume No. 1-A.
    EPNG states that the TSAs are being submitted to update certain
information contained in the attached exhibits.
    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    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 14 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 Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-1915 Filed 2-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9332-9334]
[FR Doc No: 2021-02895]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2020-0608; FRL-10019-98-Region 6]

Approval of the Application by the State of Texas for Partial
National Pollutant Discharge Elimination System (NPDES) Program
Authorization for Oil and Gas Discharges

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On January 15, 2021, the Regional Administrator for the United
States Environmental Protection Agency (EPA), Region 6 approved the
request of the State of Texas' for Partial National Pollutant Discharge
Elimination System (NPDES) program authorization for discharges from
produced water, hydrostatic test water and gas plant effluent,
hereafter referred to as oil and gas discharges, within the State of
Texas. On October 12, 2020, the Governor of Texas submitted the
application for NPDES oil and gas authorization, seeking approval for
the Texas Commission on Environmental Quality (TCEQ) to implement a
Major Category Partial NPDES Program as provided for under the Clean
Water Act (CWA or ``the Act''). Today, the EPA is providing public
notice of the approval of the State's submittal of the application for
NPDES oil and gas authorization.

DATES: Pursuant to 40 CFR part 123.61(c), the Partial NPDES Program of
the State of Texas was approved and became effective January 15, 2021.
    To View and/or Obtain Copies of Documents. A copy of the
application and related documents may be viewed or downloaded, at no
cost, from the EPA website at https://www.epa.gov/npdes-permts.

FOR FURTHER INFORMATION CONTACT: Ms. Kilty Baskin, EPA Region 6 Office,
NPDES/Wetland Review Section (R6 WD-PN),<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. General Information

1. Does this action apply to me?

    Entities potentially affected by this action include the regulated
oil and gas community and citizens within the State of Texas. As of
January 15, 2021, authority to implement the NPDES permitting,
compliance monitoring and enforcement program for oil and gas
activities in Texas transferred from the EPA to the TCEQ. The TCEQ's
authority applies on land within the State of Texas and extends 3.0
statute miles (1 statute mile equals 5,280 feet) offshore into the Gulf
of Mexico. The EPA retains jurisdiction for discharges more than 3
statute miles offshore in the Gulf of Mexico. Thus, CWA oil and gas
exploration and production related discharges in these waters remain
subject to the EPA's Outer Continental Shelf of the Gulf of Mexico
General Permit (GMG290000). In addition, spills or releases of
hydrocarbons subject to the Oil Pollution Act are not subject to the
NPDES program. The EPA's authority to address releases of hydrocarbons
to waters of the United States under the Oil Pollution Act is not
subject to the NPDES program and therefore cannot be delegated to
states. The TCEQ will continue to refer incidents to EPA as the
regulatory authority for the Oil Pollution Act. The TCEQ NPDES program
does not apply in areas of Indian country as defined in 18 U.S.C. 1151.
The EPA retains jurisdiction over discharges in these areas. If you
have any questions regarding the applicability of this action to a
particular entity, please contact Ms. Kilty Baskin at<PHONE_NUMBER>,
<EMAIL_ADDRESS>
2. What action is the EPA taking?

    The EPA is providing notice of the approval of the State of Texas'
request for partial NPDES program authorization for oil and gas
discharges within the State. The Governor of Texas submitted the
application for NPDES oil and gas authorization pursuant to Section
402(b) of the CWA, seeking approval for the TCEQ to implement a major
category partial NPDES program under Section 402(n)(3) of the Act. In
accordance with CWA Section 402(b), 33 U.S.C. 1342(b), and NPDES
regulations at 40 CFR part 123, the EPA shall approve a State's
application for program approval unless adequate authority does not
exist as required by the CWA.

3. What is the EPA's authority for taking this action?

    CWA section 402 established the NPDES permitting program and gives
the EPA authority to approve state NPDES programs. 33 U.S.C. 1342(b).
CWA Section 402(n)(3) authorizes the EPA to approve a Major Category
Partial Permit Program covering administration of a major category of
discharges if ``(A) such program represents a complete permit program
and covers all of the discharges under the jurisdiction of a department
or agency of the State; and (B) the Administrator determines that the
partial program represents a significant and identifiable part of the
State program required by subsection (b).'' 33 U.S.C. 1342(n)(3).
    State Permit Program Approval: Section 402 of the CWA, 33 U.S.C.
1342, created the NPDES program under which the EPA may issue permits
authorizing the point source discharge of pollutants to waters of the
United States under conditions required by the Act. CWA Section 402(b),
33 U.S.C. 1342(b), provides that the EPA shall approve a State's
request to administer its own permit program provided the State has
appropriate legal authority and a state program that meets the Act's
requirements. The regulatory requirements for state program submissions
and for EPA state program approval are set forth in 40 CFR part 123
(https://www.ecfr.gov/).
    Decision Process: Pursuant to 40 CFR 123.61(b), the EPA must
approve or disapprove Texas' application for NPDES oil and gas
authorization within 90 days of receipt of a complete program
submission, unless this review period is extended by mutual agreement
between the EPA and the State pursuant to 40 CFR 123.21(d). Under CWA
Sec.  402(b) and 40 CFR part 123, the State must show, among other
things that it has the authority to issue permits that comply with the
Act, authority to impose civil and criminal penalties for permit
violations, and authority to ensure that the public is given notice and
an opportunity for a hearing on each proposed permit. Once the State's
request for program approval is declared complete, the CWA and its
implementing regulations require the EPA to provide notice of the
State's application and allow a comment period of at least 45 days
during which the public may express their views on the proposed State
program. The EPA's public notice of the application must

also provide notice of a public hearing to be held no less than 30 days
after publication of the notice. See 40 CFR part 123.61. After the
close of the public comment period, the EPA determines whether to
approve or disapprove the State's application based on the requirements
of section 402(b) of the CWA and 40 CFR part 123.
    Summary of the State's Application/Proposed Program: By letter
dated October 9, 2020, and received by the EPA on October 12, 2020, the
Governor of the State of Texas submitted a request for NPDES program
authorization for oil and gas discharges in Texas. The request was for
approval of a Major Category Partial Permit Program under CWA section
402(n)(3) covering administration of a major category of discharges
within the State. The State's NPDES oil and gas program would be
administered by the TCEQ. The TCEQ currently implements an approved
partial NPDES permitting program, the Texas Pollutant Discharge
Elimination System (TPDES) program, for discharges to waters of the
State in accordance with Clean Water Act Sec.  402(n)(3). However, when
TCEQ was granted authority by the EPA in 1998 to administer the NPDES
program for discharges under its jurisdiction, oil and gas discharges
were regulated by the Railroad Commission of Texas (RRC) and thus were
not included as part of the approved TPDES program. As a result, the
EPA retained permitting authority for oil and gas discharges in Texas.
In 2019, House Bill 2771, 86th Texas Legislature, amended Texas Water
Code Sec.  26.131 to transfer jurisdiction of discharges of produced
water, hydrostatic test water, and gas plant effluent into water in the
state from the RRC to the TCEQ upon NPDES program authorization from
the EPA for such discharges. A copy of Texas Water Code Sec.  26.131
was attached as Attachment A to the State's application.
    In accordance with 40 CFR part 123.21, the State's application
included the following 5 elements: (1) A letter from the Governor
requesting program approval; (2) A complete program description, as
required by 40 CFR part 123.22, describing how the State intends to
carry out its responsibilities under the Act and its implementing
regulations; (3) An Attorney General's statement as required by 40 CFR
part 123.23; (4) A Memorandum of Agreement (MOA) with the Regional
Administrator as required by 40 CFR part 123.24; and (5) Copies of all
applicable State statutes and regulations, including those governing
State administrative procedures.
    A complete program description was included as Attachment E to the
State's submission. The program description was divided into four (4)
chapters:
     Overview of the TCEQ, as required by 40 CFR 123.22(a) and
(b);
     Oil and Gas Permitting Program Description, as required by
40 CFR 123.22(c), (d) and (g);
     Oil and Gas Enforcement Program Description, as required
by 40 CFR 123.22(d), (e) and (g); and
     Program Costs and Funding Description, as required by 40
CFR 123.22(b)(1)-(3).
    A Statement of Legal Authority, signed by the Texas Attorney
General, was included as Attachment C to the State's submission. The
Statement of Legal Authority outlines the TCEQ's legal authority to
regulate the discharge of produced water, hydrostatic test water, and
gas plant effluent into water in the state resulting from oil and gas
activities upon NPDES program authorization from the EPA. The Statement
of Legal authority notes that when House Bill 2771 became effective,
the term ``produced water'' was not defined in State rules or statutes.
For the purposes of the TCEQ's implementation of amended Tex. Water
Code Sec.  26.131, the TCEQ defined the term ``produced water'' in 30
Tex. Admin. Code Sec.  305.541(b) as ``all wastewater associated with
oil and gas exploration, development, and production activities, except
hydrostatic test water and gas plant effluent, that is discharged into
water in the state, including waste streams regulated by 40 CFR part
435.'' Through the Statement of Legal Authority, the Texas Attorney
General certified that amended Tex. Water Code Sec.  26.131, in
conjunction with the definition of produced water in 30 Tex. Admin.
Code Sec.  305.541(b) and the TCEQ's existing authority to issue
permits for the discharge of pollutants into water in the state in Tex.
Water Code Sec.  26.121, provides the TCEQ with authority to issue
TPDES permits for the discharge of all oil and gas wastewater into
water in the State in Texas.
    The MOA between the TCEQ and the EPA concerning the TPDES program
and a MOA Addendum to address oil and gas discharges was included as
Attachment D to the State's submission. The MOA Addendum recognizes
that one of the most important goals for transferring NPDES program
authority to Texas for oil and gas discharge permitting, compliance
monitoring and enforcement is to promote and facilitate the expeditious
transformation of federal NPDES and state permits into one TPDES
permit. The MOA Addendum describes in detail the permitting, compliance
monitoring and enforcement authority that will transfer to the TCEQ on
the date of program authorization. Upon authorization, jurisdiction for
EPA issued oil and gas permits and primary enforcement authority for
oil and gas discharges within the State will be transferred to the
TCEQ, with certain limited exceptions. The MOA Addendum describes in
detail those exceptions, i.e., permits and enforcement actions for
which the EPA will initially retain jurisdiction, such as permits for
which appeals are pending or enforcement actions that are currently
ongoing. The MOA Addendum also details the actions that will trigger
transfer of jurisdiction for those permits and enforcement actions to
TCEQ, for example resolution of the permit appeal or resolution of the
ongoing enforcement action.
    Copies of all applicable State statutes and regulations, as well as
the TCEQ Operating Policies and Procedures, were included as Attachment
F to the State's submission. Please note that the TCEQ adopted by
reference the EPA's Oil and Gas Effluent Limitation Guidelines (40 CFR
part 435).
    On November 5, 2020, the TCEQ submitted revised language to
Attachment E--Chapter 3 Enforcement Program Description for
clarification purposes. The revised language did not affect substantive
changes to the State's program submission and was not a material change
under 40 CFR part 123.12(c). The revised language clarified that the
TCEQ's existing spill response program has been evaluated and
determined to be adequate for the inclusion of wastewater spills from
oil and gas operations subject to the NPDES program. Upon the EPA's
approval of the State's request for NPDES authority for oil and gas
discharges, primary enforcement authority for such spills and releases
will transfer to the TCEQ. Spills or releases of hydrocarbons subject
to the Oil Pollution Act are not subject to the NPDES program. The
EPA's authority to address releases of hydrocarbons to waters of the
United States under the Oil Pollution Act cannot be delegated to states
and the TCEQ will continue to refer incidents to the EPA as the
regulatory authority for the Oil Pollution Act.
    The EPA determined that the State's October 12, 2020 program
submission constituted a complete package under 40 CFR part 123.21, and
a letter of completeness was sent to the State on November 12, 2020.
Pursuant to 40 CFR part 123.21, within 90 days of the EPA's receipt of
the State's complete program submission, or by January 11, 2021, the
EPA was required to approve or disapprove the program based on the

requirements of CWA Sec.  402(b) and 40 CFR part 123 and taking into
consideration all comments received. However, pursuant to 40 CFR part
123.21(d), the EPA and the State agreed via email dated January 5,
2021, to extend the 90-day statutory review period deadline from
January 11, 2021 to January 19, 2021 to allow the EPA additional time
to consider and respond to all public comments.
    Public notice of the application: On November 27, 2020, the EPA
published notice of the State's application for NPDES program
authorization for oil and gas discharges within the State and opened a
45-day comment period as required by 40 CFR part 123.61(a), which ended
on January 11, 2021 (85 FR 76076).
    Public notice of the State's application was also published in the
following newspapers:

Dallas Morning News
Houston Chronicles
El Paso Herald
El Paso Time
Austin Times

    Public Participation Process: The EPA held a public meeting and
public hearing regarding the State's application virtually via Adobe
Connect on January 5, 2021. The EPA deviated from its typical hearing
approach because of the President's national emergency declaration due
to the COVID-19 pandemic. Because of the current Center for Disease
Control and Prevention recommendations, as well as state and local
orders for social distancing to limit the spread of COVID-19, the EPA
could not hold in-person public meetings/public hearings. The public
meeting included an overview of federal and state NPDES program
requirements, the state program approval and submittal process (in
accordance with 40 CFR part 123), and the general elements of Texas'
proposed program for administration of the NPDES program for oil and
gas discharges (including the roles and responsibilities of the EPA and
the TCEQ). The public hearing provided interested parties the
opportunity to provide oral testimony for the official record. There
were 52 attendees at the public meeting and 35 attendees at the public
hearing. Two individuals presented oral testimony at the public hearing
and 156 written comments were received by EPA prior to the close of the
comment period.
    Summary of Comments Received: In addition to the oral testimony at
the public hearing, the EPA received 156 comments on the State of
Texas' request for NPDES program authorization for oil and gas
discharges. Comments were received from the following entities:

The Texas Alliance of Energy Producers
Environmental Defense Fund
The Sierra Club, Lone Star Chapter
Bay Coastal Watch Association
Audubon Texas
Pioneer Natural Resources, USA, Inc.
Texas Independent Producers and Royalty Owners Association
The American Exploration and Production Council (AXPC)
Citizens of the local communities

    EPA received 156 written comments. Of those 156 comments,
approximately 130 were very similar in nature, expressing concern with
the State's request to implement the NPDES oil and gas program in the
State and requesting an extension of the 45-day public comment period.
Commenters in opposition to EPA's approval of the State program
expressed various concerns, including TCEQ's ties to the oil and gas
industry, the lack of current understanding as to the composition of
produced waters, and the need for updated effluent limitations
guidelines related to oil and gas discharges. At least one commenter
acknowledged that the State's program likely met the minimum
requirements for authorization under the CWA and 40 CFR part 123, but
expressed concern that the EPA retain sufficient oversight over permit
review and issuance to ensure compliance with the CWA.
    The EPA received 6 comments in support of the State's request for
program authorization. These commenters asserted, among other things,
that TCEQ has extensive experience with writing NPDES permits for a
wide range of discharges, that the requirement to incorporate
applicable effluent limitations guidelines into discharge permits will
not change with the transfer of NPDES permitting authority from EPA to
TCEQ, and that TCEQ is the agency most knowledgeable with regard to the
quality of State water bodies and the permit requirements needed to
protect those water bodies.
    All comments received by the EPA were considered by the agency in
making its final decision to approve Texas' request for program
authorization. Copies of all comments received and EPA's written
responses to those comments are available at https://www.epa.gov/npdes-permits.
    Additional information about the State's request for partial NPDES
program authorization, including a copy of the State's application and
supporting documents, is available at www.regulations.gov, Docket No.
EPA-R06-2020-0608, or at EPA's Region 6 web page https://www.epa.gov/npdes-permits. Documents from the public meeting and a transcript of
the public hearing are available at the web page.
    On December 17, 2020, the EPA held a virtual tribal consultation
conference to notify affected Tribes of the opportunity for formal and
informal consultation, as well as the availability of EPA staff for
informal discussions through-out the public participation process. The
federally-recognized Texas Tribes that were represented included: The
Alabama-Coushatta Tribes of Texas and the Kickapoo Traditional Tribe of
Texas. The Ysleta del Sur Pueblo was not in attendance. The EPA did not
receive any comments from the Tribes during the 45-day public comment
period on the State of Texas's request for NPDES program authorization
for oil and gas discharges within the State or a request to initiate
formal consultation. Therefore, the EPA concluded that a formal tribal
consultation was not required.
    Authority: This action is taken under the authority of section
402(b) of the Clean Water Act as amended, 33 U.S.C. 1342(b). Pursuant
to 40 CFR 123.61(c), I hereby provide public notice of the EPA's final
action approving the State of Texas' request for NPDES program
authorization for discharges of produced water, hydrostatic test water,
and gas plant effluent, otherwise known as oil and gas discharges,
within the State.

    Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-02895 Filed 2-11-21; 8:45 am]
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