[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Proposed Rules]
[Pages 18186-18191]
[FR Doc No: 2019-08711]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0673; FRL-9992-04-Region 6]

Air Plan Approval; Texas; Infrastructure for the 2015 Ozone
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve elements
of two State Implementation Plan (SIP) submissions from the State of
Texas for the 2015 Ozone (O3) National Ambient Air Quality
Standard (NAAQS). These submittals address how the existing SIP
provides for implementation, maintenance, and enforcement of the 2015
O3 NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures
that the Texas SIP is adequate to meet the state's responsibilities
under the CAA for this NAAQS.

DATES: Written comments must be received on or before May 30, 2019.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0673, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e,. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Carrie Paige (214) 665-
6521, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige<PHONE_NUMBER>,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Paige or Mr. Bill Deese at (214) 665-
7253.

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

I. Background

    Below is a short discussion of background on the 2015 Ozone NAAQS
addressed in this action. For more information, please see the
Technical Support Document (TSD) in the docket for this action.
    EPA has regulated Ozone since 1971, when we published the first
NAAQS for Photochemical Oxidants (36 FR 8186, April 30, 1971). Most
recently, following a periodic review of the 2008 NAAQS for
O3, EPA revised the primary and secondary O3
NAAQS to 0.070 ppm (82 FR 65291, October 26, 2015).\1\ The primary
NAAQS is designed to protect human health, and the secondary NAAQS is
designed to protect the public welfare.\2\
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    \1\ Additional information on the history of the NAAQS for ozone
is available at https://www.epa.gov/ozone-pollution/table-historical-ozone-national-ambient-air-quality-standards-naaqs.
    \2\ Information on ozone formation and health effects is
available at https://www.epa.gov/ozone-pollution.
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    Each state must submit a SIP within three years after the
promulgation of a new or revised NAAQS showing how it meets the
elements of Section 110(a)(2) of the CAA. This section of Act includes
a list of specific elements necessary for a States air quality program.
We term this SIP an infrastructure SIP or i-SIP. On September 13, 2013,
the EPA issued guidance addressing the i-SIP elements for NAAQS.\3\ On
August 17, 2018, the

Chairman of the Texas Commission on Environmental Quality (TCEQ) made
two submissions to address the 2015 NAAQS for O3.\4\ One
submittal addresses CAA sections 110(a)(2)(A) through (C) and (E)
through (M), which we refer to as the infrastructure or ``i-SIP''
submittal and the other addresses CAA section 110(a)(2)(D), which we
refer to as the ``Transport'' submittal.
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    \3\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
    \4\ Additional information, including the history of the
priority pollutants, their levels, forms and determination of
compliance; EPA approach for reviewing i-SIP submittal and EPA's
evaluation; the statute and regulatory citations in the Texas SIP
specific to the review the specific i-SIP applicable CAA and EPA
regulatory citations, Federal Register citations for the Texas SIP
approvals; Texas minor New Source Review program and EPA approval
activities, and Texas' Prevention of Significant Deterioration
program can be found in the TSD for this action.
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    We are proposing to approve the August 17, 2018 Texas i-SIP
submittal for the 2015 ozone NAAQS in its entirety. We are also
proposing to approve portions of the August 17, 2018 Texas Transport
submittal for the 2015 ozone NAAQS. A copy of each of these submittals
is in the docket for this proposed rulemaking.

II. EPA's Evaluation of the Texas 2015 O3 NAAQS i-SIP and
Transport Submissions

    Below is a summary of our evaluation of the August 17, 2018 Texas
submittals for each element of 110(a)(2) that we are proposing to
approve.\5\
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    \5\ A detailed discussion of our evaluation can be found in the
TSD for this action.
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    (A). Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, schedules for compliance and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\6\
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    \6\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2015 Ozone NAAQS.
Those SIP provisions are due as part of each state's attainment
plan, and will be addressed separately from the requirements of
section 110(a)(2)(A). In the context of an infrastructure SIP, EPA
is not evaluating the existing SIP provisions for this purpose.
Instead, EPA is only evaluating whether the state's SIP has basic
structural provisions for the implementation of the NAAQS.
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    The Texas Clean Air Act (TCAA) provides the TCEQ, its Chairman, and
its Executive Director with broad legal authority. They may adopt
emission standards and compliance schedules applicable to regulated
entities; emission standards and limitations and any other measures
necessary for attainment and maintenance of national standards; and
enforce applicable laws, regulations, standards and compliance
schedules, and seek injunctive relief. This authority has been employed
in the past to adopt and submit multiple revisions to the Texas SIP.
The federally-approved SIP for Texas is documented at 40 CFR part
52.2270. TCEQ's air quality rules and standards are codified at Title
30, part 1 of the Texas Administrative Code (TAC). Numerous parts of
the regulations codified into 30 TAC necessary for implementing and
enforcing the NAAQS have been adopted into the SIP.
    (B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of ambient air quality data, and
providing the data to EPA upon request.
    The TCAA provides the authority allowing the TCEQ to collect air
monitoring data, quality-assure the results, and report the data. TCEQ
maintains and operates a monitoring network to measure levels of ozone,
as well as other pollutants, in accordance with EPA regulations
specifying siting and monitoring requirements. All monitoring data is
measured using EPA-approved methods and subject to the EPA quality
assurance requirements. TCEQ submits all required data to us, following
the EPA regulations. The Texas statewide monitoring network was
approved into the SIP on May 31, 1972 (37 FR 10842, 10895), was revised
on March 7, 1978 (43 FR 9275), and it undergoes annual review by
EPA.\7\ In addition, TCEQ submits an assessment of its monitoring
network every five years, as required by EPA rules. The most recent of
these 5-year monitoring network assessments was submitted by TCEQ and
approved by us in July of 2015.\8\ The TCEQ website provides the
monitor locations and posts past and current concentrations of criteria
pollutants measured by the State's network of monitors.\9\
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    \7\ A copy of the 2018 Annual Air Monitoring Network Plan and
our approval letter are included in the docket for this proposed
rulemaking.
    \8\ A copy of TCEQ's 2015 5-year ambient monitoring network
assessment and our response letter are included in the docket for
this proposed rulemaking.
    \9\ See https://www.tceq.texas.gov/agency/air_main.html.
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    (C) Program for enforcement of control measures: The SIP must
include the following three elements: (1) A program providing for
enforcement of the measures in CAA section 110(a)(2)(A); (2) a program
for the regulation of the modification and construction of stationary
sources as necessary to protect the applicable NAAQS (i.e., state-wide
permitting of minor sources); and (3) a permit program to meet the
major source permitting requirements of the CAA (for areas designated
as attainment or unclassifiable for the NAAQS in question). Each of
these elements is described in more detail in the TSD for this action.
    (1) Enforcement of SIP Measures. As noted earlier, the TCAA
provides authority for the TCEQ, its Chairman, and its Executive
Director to enforce the requirements of the TCAA, and any regulations,
permits, or final compliance orders. These statutes also provide the
TCEQ, its Chairman, and its Executive Director with general enforcement
powers. Among other things, they can file lawsuits to compel compliance
with the statutes and regulations; commence civil actions; issue field
citations; conduct investigations of regulated entities; collect
criminal and civil penalties; develop and enforce rules and standards
related to protection of air quality; issue compliance orders; pursue
criminal prosecutions; investigate, enter into remediation agreements;
and issue emergency cease and desist orders. The TCAA also provides
additional enforcement authorities and funding mechanisms.
    (2) Minor New Source Review (NSR). The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. The Texas minor NSR permitting
requirements are approved as part of the SIP.\10\
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    \10\ EPA is not proposing to approve or disapprove the existing
Texas minor NSR program to the extent that it may be inconsistent
with EPA's regulations governing this program. EPA has maintained
that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs for EPA to approve the infrastructure SIP for
element C, program for enforcement of control measures (e.g., 76 FR
41076-41079). The statutory requirements of section 110(a)(2)(C)
provide for considerable flexibility in designing minor NSR
programs. See the TSD for more information.
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    (3) Prevention of Significant Deterioration (PSD) permit program.
The Texas PSD portion of the SIP covers all NSR regulated pollutants as
well as the requirements for the 2015 O3 NAAQS and has been
approved by EPA (79 FR 66626, November 10, 2014).\11\
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    \11\ We discuss this requirement further in the TSD.
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    (D) Interstate and international transport: The requirements for
interstate transport of O3 emissions are that the SIP
contain adequate provisions prohibiting O3 emission
transport to other states which will (1) contribute significantly to
nonattainment of the NAAQS, (2) interfere with maintenance

of the NAAQS, (3) interfere with measures required to prevent
significant deterioration or (4) interfere with measures to protect
visibility (CAA 110(a)(2)(D)(i)). In addition, states must comply with
requirements to prevent transport of international air pollution (CAA
section 110(a)(2)(D)(ii)). EPA often refers to these four requirements
within CAA section 110(a)(2)(D)(i) as prongs or sub-elements. We are
not evaluating sub-elements 1, 2, and 4 in this rulemaking action, but
will address them in a separate action. However, we are proposing to
approve sub-element 3 of CAA section 110(a)(2)(D)(i), pertaining to the
prevention of significant deterioration in other states for
O3. Texas has a SIP-approved PSD program that regulates all
NSR pollutants, including greenhouse gases, and thus, prevents
significant deterioration in nearby states. See the TSD for more
detail.
    Section 110(a)(2)(D)(ii) of the CAA requires SIPs to include
adequate provisions to ensure compliance with sections 115 and 126 of
the Act, relating to international and interstate pollution abatement.
Section 115 of the Act addresses endangerment of public health or
welfare in foreign countries from pollution emitted in the United
States. There are no final findings by the EPA that Texas air emissions
affect other countries. Section 126(a) of the Act requires new or
modified sources to notify neighboring states of potential impacts from
such sources. The Texas SIP requires that each major proposed new or
modified source provide such notification.\12\ The State also has no
pending obligations under CAA section 126. See the TSD for more detail.
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    \12\ See September 18, 2002 (67 FR 58697).
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    (E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) requirements
relating to state boards; and (3) necessary assurances that the state
has responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan. Both elements (A) and (E) address
the requirement that there is adequate authority to implement and
enforce the SIP and that there are no legal impediments.
    The i-SIP submission for the 2015 O3 NAAQS describes the
SIP regulations governing the various functions of personnel within the
TCEQ, including the administrative, technical support, planning,
enforcement, and permitting functions of the program.
    With respect to funding, the TCAA requires TCEQ to establish an
emissions fee schedule for sources to fund the reasonable costs of
administering various air pollution control programs and authorizes
TCEQ to collect additional fees necessary to cover reasonable costs
associated with processing of air permit applications.
    As required by the CAA, the Texas statutes and the SIP stipulate
that any board or body, which approves permits or enforcement orders,
must have a majority of members who represent the public interest and
do not derive any ``significant portion'' of their income from persons
subject to permits and enforcement orders or who appear before the
board on issues related to the CAA or the TCAA. The members of the
board or body, or the head of an agency with similar powers, are
required to adequately disclose any potential conflicts of interest.
    With respect to assurances that the State has responsibility to
implement the SIP adequately when it authorizes local or other agencies
to carry out portions of the plan, the Texas statutes and the SIP
designate the TCEQ as the primary air pollution control agency and TCEQ
maintains authority to ensure implementation of any applicable plan
portion. More detail is provided in the TSD for this action.
    (F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from such sources. The SIP
shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and require
that the state correlate the source reports with emission limitations
or standards established under the CAA. These reports must be made
available for public inspection at reasonable times.
    The TCAA authorizes the TCEQ to require persons engaged in
operations which result in air pollution to monitor or test emissions
and to file reports containing information relating to the nature and
amount of emissions. There also are SIP-approved state regulations
pertaining to sampling and testing and requirements for reporting of
emissions inventories. In addition, SIP-approved rules establish
general requirements for maintaining records and reporting emissions.
    The TCEQ uses this information, in addition to information obtained
from other sources, to track progress towards maintaining the NAAQS,
developing control and maintenance strategies, identifying sources and
general emission levels, and determining compliance with SIP-approved
regulations and additional EPA requirements. The SIP requires this
information be made available to the public. Provisions concerning the
handling of confidential data and proprietary business information are
included in the SIP-approved regulations. These rules specifically
exclude from confidential treatment any records concerning the nature
and amount of emissions reported by sources. More detail and links to
Texas emissions data are provided in the TSD for this action.
    (G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
    The TCAA provides TCEQ with authority to address environmental
emergencies, and TCEQ has contingency plans to implement emergency
episode provisions. Upon a finding that any owner/operator is
unreasonably affecting the public health, safety or welfare, or the
health of animal or plant life, or property, the TCAA and 30 TAC
chapters 35 and 118 authorize TCEQ to, after a reasonable attempt to
give notice, declare a state of emergency and issue without hearing an
emergency special order directing the owner/operator to cease such
pollution immediately. The TCEQ may issue emergency orders, or issue or
suspend air permits as required by an air pollution emergency.
    The ``Texas Air Quality Control Contingency Plan for Prevention of
Air Pollution Episodes'' is part of the Texas SIP. However, because 8-
hour ozone concentrations in Texas are below 100 ppb, Texas is not
required to have contingency plans to meet this i-SIP element for the
2015 O3 NAAQS.\13\ However, to provide additional
protection, the State has general emergency powers to address any
possible dangerous air pollution episode

if necessary to protect the environment and public health.
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    \13\ See the TSD for more detail.
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    (H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
    The TCAA authorizes the TCEQ to revise the Texas SIP, as necessary,
to account for revisions of an existing NAAQS, establishment of a new
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt
more effective methods of attaining a NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or implementation.
    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment, states must meet applicable requirements of part D of
the CAA, relating to SIP requirements for designated nonattainment
areas.
    However, as noted earlier, EPA does not expect infrastructure SIP
submissions to address CAA section 110(a)(2)(I). The specific SIP
submissions for designated nonattainment areas, as required under CAA
title I, part D, are subject to different submission schedules than
those for section 110 infrastructure elements. Instead, EPA will act on
any part D attainment plan SIP submissions through a separate
rulemaking process governed by the requirements for nonattainment
areas, as described in part D.
    (J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency consultation
regarding certain CAA requirements; (2) section 127, relating to public
notification of NAAQS exceedances and related issues; (3) prevention of
significant deterioration of air quality; and (4) visibility
protection.
    (1) Interagency consultation: As required by the TCAA, there must
be a public hearing before the adoption of any regulations or emission
control requirements, and all interested persons are given a reasonable
opportunity to review the action that is being proposed and to submit
data or arguments, either orally or in writing, and to examine the
testimony of witnesses from the hearing. In addition, the TCAA provides
the TCEQ the power and duty to establish cooperative agreements with
local authorities, and consult with other states, the federal
government and other interested persons or groups in regard to matters
of common interest in the field of air quality control. Furthermore,
the Texas PSD SIP rules mandate that the TCEQ shall provide for public
participation and notification regarding permitting applications to any
other state or local air pollution control agencies, local government
officials of the city or county where the source will be located,
tribal authorities, and Federal Land Manager (FLMs) whose lands may be
affected by emissions from the source or modification. Additionally,
the State's PSD SIP rules require the TCEQ to consult with FLMs
regarding permit applications for sources with the potential to impact
Class I Federal Areas. The SIP also includes a commitment to consult
continually with the FLMs on the review and implementation of the
visibility program. The State recognizes the expertise of the FLMs in
monitoring and new source review applicability analyses for visibility,
and has agreed to notify the FLMs of any advance notification or early
consultation with a new or modifying source prior to the submission of
a permit application. Likewise, the State's Transportation Conformity
SIP rules provide for interagency consultation, resolution of
conflicts, and public notification.
    (2) Public Notification: The i-SIP submission from Texas provides
the SIP regulatory citations requiring the TCEQ to regularly notify the
public of instances or areas in which any NAAQS are exceeded. Included
in the SIP are the rules for TCEQ to advise the public of the health
hazard associated with such exceedances; and enhance public awareness
of measures that can prevent such exceedances and of ways in which the
public can participate in the regulatory and other efforts to improve
air quality. In addition, as discussed earlier for CAA section
110(a)(2)(B), the TCEQ air monitoring website provides quality data for
each of the monitoring stations in Texas; this data is provided
instantaneously for certain pollutants, such as ozone. The website also
provides information on the health effects of lead, ozone, particulate
matter, and other criteria pollutants.
    (3) PSD: The PSD requirements for this element are the same as
those addressed earlier under CAA section 110(a)(2)(C), Program for
enforcement of control measures.
    (4) Visibility Protection: The Texas SIP requirements relating to
visibility protection are not affected when EPA establishes or revises
a NAAQS. Therefore, EPA believes that there are no new visibility
protection requirements due to the revision of the NAAQS, and
consequently there are no newly applicable visibility protection
obligations pursuant to CAA section 110(a)(2)(J).
    (K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
    The TCEQ has the power and duty, under TCAA to develop facts and
investigate providing for the functions of environmental air quality
assessment. Past modeling and emissions reductions measures have been
submitted by the State and approved into the SIP. Additionally, TCEQ
has the ability to perform modeling for primary and secondary NAAQS on
a case-by-case permit basis consistent with their SIP-approved PSD
rules and with EPA guidance.
    The TCAA authorizes and requires TCEQ to cooperate with the federal
government and local authorities concerning matters of common interest
in the field of air quality control, thereby allowing the agency to
make such submissions to the EPA.
    (L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under the CAA, to cover the cost of
reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until a fee program
established by the state pursuant to Title V of the CAA, relating to
operating permits, is approved by EPA.
    See the earlier discussion for CAA section 110(a)(2)(E) for the
description of the mandatory collection of permitting fees outlined in
the SIP.
    (M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
    See the earlier discussions for CAA sections 110(a)(2)(J), elements
(1) and (2) for a description of the SIP's public participation
process, the authority to advise and consult, and the PSD SIP's public
participation requirements. Additionally, the TCAA also requires
initiation of cooperative action between local authorities and the
TCEQ, between one local authority and another, or among any combination
of local authorities and the TCEQ for control of air pollution in areas
having related air pollution problems that overlap the boundaries of
political subdivisions,

and entering into agreements and compacts with adjoining states and
Indian tribes, where appropriate. The transportation conformity
component of the Texas SIP requires that interagency consultation and
opportunity for public involvement be provided before making
transportation conformity determinations and before adopting applicable
SIP revisions on transportation-related issues.

III. Proposed Action

    EPA is proposing to approve the August 17, 2018 Texas ``i-SIP''
submittal for the 2015 ozone NAAQS in its entirety. We are also
proposing to approve portions of the August 17, 2018 Texas
``Transport'' submittal for the 2015 ozone NAAQS, as detailed in Table
1:

   Table 1--Proposed Action on Texas Infrastructure and Transport SIP
                   Submittals for the 2015 Ozone NAAQS
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                       Element                         Proposed  action
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(A): Emission limits and other control measures.....                  A
(B): Ambient air quality monitoring and data system.                  A
(C)(i): Enforcement of SIP measures.................                  A
(C)(ii):PSD program for major sources and major                       A
 modifications......................................
(C)(iii): Permitting program for minor sources and                    A
 minor modifications................................
(D)(i)(I): Contribute to nonattainment/interfere                     SA
 with maintenance of NAAQS (sub-elements 1 and 2)...
(D)(i)(II): PSD (sub-element 3).....................                  A
(D)(i)(II): Visibility Protection (sub-element 4)...                 SA
(D)(ii): Interstate and International Pollution                       A
 Abatement..........................................
(E)(i): Adequate resources..........................                  A
(E)(ii): State boards...............................                  A
(E)(iii): Necessary assurances with respect to local                  A
 agencies...........................................
(F): Stationary source monitoring system............                  A
(G): Emergency power................................                  A
(H): Future SIP revisions...........................                  A
(I): Nonattainment area plan or plan revisions under                  +
 part D.............................................
(J)(i): Consultation with government officials......                  A
(J)(ii): Public notification........................                  A
(J)(iii): PSD.......................................                  A
(J)(iv): Visibility protection......................                  A
(K): Air quality modeling and data..................                  A
(L): Permitting fees................................                  A
(M): Consultation and participation by affected                       A
 local entities.....................................
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Key to Table 1:
A--Proposing to Approve
+--Not germane to infrastructure SIPs
SA--EPA is acting on this infrastructure requirement in a separate
  rulemaking action.

    Based upon review of the State's infrastructure SIP submission and
relevant statutory and regulatory authorities and provisions referenced
in this submission or referenced in the EPA-approved Texas SIP, EPA
believes that Texas has the infrastructure in place to address all
applicable required elements of CAA sections 110(a)(1) and (2), except
as noted here, to ensure that the 2015 O3 NAAQS are
implemented in the State.

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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the proposed
rule does not

have tribal implications and will not impose substantial direct costs
on tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone.

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

    Dated: April 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-08711 Filed 4-29-19; 8:45 am]
 BILLING CODE 6560-50-P