78 FR 207 pgs. 63929-63933 - Approval and Promulgation of Air Quality Implementation Plans;Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities
Type: PRORULEVolume: 78Number: 207Pages: 63929 - 63933
Pages: 63929, 63930, 63931, 63932, 63933Docket number: [EPA-R06-OAR-2011-0202; FRL-9902-04-Region 6]
FR document: [FR Doc. 2013-25262 Filed 10-24-13; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
[top]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0202; FRL-9902-04-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered Facilities
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Proposed rule.
SUMMARY:
The EPA is proposing to approve revisions of the Texas State Implementation Plan submitted by the Texas Commission on Environmental Quality (TCEQ, or Commission) on July 31, 2002; September 4, 2002; and March 1, 2004. These revisions require that all grandfathered facilities obtain specific permits which include emission control methods to achieve mandated emission reductions, as required, or shutdown; and require that emissions from dockside vessels which result from operations at grandfathered land-based facilities be included in specific permits. The revisions also outline additional permitting procedures for certain grandfathered pipeline equipment located in an ozone nonattainment area.
These permitting requirements and emissions reductions will contribute toachieving attainment and help ensure attainment and continued maintenance of theNational Ambient Air Quality Standards (NAAQS) for ozone in the State of Texas. EPAis proposing the revisions under section 110, part C, and part D of the Act, and EPA'sregulations.
DATES:
Written comments must be received on or before November 25, 2013.
ADDRESSES:
Submit your comments, identified by Docket No. EPA-R06-OAR-2011-0202, by one of the following methods:
• www.regulations.gov. Follow the on-line instructions.
• Email: Mr. Rick Barrett at: barrett.richard@epa.gov . Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below.
• Mail or delivery: Mr. Rick Barrett, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2011-0202. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through http://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an "anonymous access" system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD-ROM submitted. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
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). To inspect the hard copy materials, please schedule an appointment with the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT:
[top] Mr. Rick Barrett (6PD-R), Air Permits
SUPPLEMENTARY INFORMATION:
Throughout this document "we," "our," and "us" refers to EPA.
Table of Contents
I. Background
II. What Action is EPA proposing?
A. July 31, 2002 Submittal
B. September 4, 2002 Submittal
C. March 4, 2004 Submittal
D. Analysis
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
The 77th Texas State Legislature, 2001, amended the Texas Health and Safety Code (THSC) and the Texas Clean Air Act (TCAA) to require that all grandfathered facilities obtain permits. A "grandfathered facility" is one that existed at the time the Legislature amended the TCAA in 1971. Texas began permitting new and modified sources in 1971, and sources built before Texas' permitting rules became effective were not required to obtain permits for air emissions as long as they were not modified as defined under Texas' New Source Review (NSR) State Implementation Plan (SIP) program.
The purpose of this rulemaking by EPA is to propose approval of the TCEQ's permit and emission control requirements for grandfathered facilities and related permit application, monitoring, reporting and public notice procedures. Specifically, the permit application requirements, methods for monitoring and reporting emissions, and public notice procedures for grandfathered facilities are the subject of this proposed rule.
II. What action is EPA proposing?
We are proposing to fully approve certain revisions to 30 TAC Chapter 116,submitted by the State of Texas on July 31, 2002, and September 4, 2002. Weare also proposing to fully approve the revisions to 30 TAC Chapter 116 submitted by theState of Texas on March 1, 2004. We are proposing to fully approve the July 31, 2002,and the September 4, 2002, submittals except for a severable portion in each whichallows owners or operators of grandfathered facilities to apply for an existing facilityflexible permit under the State's Flexible Permit Program. We will take separate actionin the future in the Federal Register on the submittals with regard to the "ExistingFacility Flexible Permit" portion. Also, please note that EPA's action on 30 TAC Chapter116, Subchapter A: "Definitions," section 116.18, and 30 TAC Chapter 116, SubchapterI: "Electric Generating Facility Permits," sections 116.910-116.930, were previouslyacted on in a separate notice. See 76 FR 1525 (January 11, 2011).
The July 31, 2002, submittal concerns Subchapter H: "Permits for Grandfathered Facilities," at 30 TAC sections 116.770-772, 116.774-777, 116.779-781, 116.783, 116.785-788, 116.790, 116.793-802, and 116.804-807. The TCEQ adopted these revisions on May 22, 2002.
The September 4, 2002, submittal concerns Subchapter H: "Permits for Grandfathered Facilities," at 30 TAC sections 116.778 and 116.803; and Subchapter I: "Electric Generating Facility Permits," at 30 TAC section 116.919. The TCEQ adopted these revisions on August 21, 2002.
The March 1, 2004, submittal concerns Subchapter H: "Permits for Grandfathered Facilities," at 30 TAC sections 116.770 and 116.772. The TCEQ adopted these revisions on January 28, 2004.
Our Technical Support Document (TSD) contains a more detailed explanation of the submittal and the underlying regulatory requirements. The TSD is available in the public docket for this rulemaking.
A. July 31, 2002 Submittal
In the July 31, 2002 submittal, Texas submitted new and amended rules toChapter 116, which include Subchapter A: "Definitions," delineating certain definitions of words and terms used in Subchapter I; Subchapter H: "Permits for Grandfathered Facilities", Division 1, "General Applicability;" Division 2, "Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits;" Division 3, "Existing Facility Flexible Permits;" and Subchapter I: "Electric Generating Facility Permits." In addition, Texas submitted 30 TAC Chapter 39, "Public Notice," which includes Subchapter H: "Applicability and General Provisions," and Subchapter K: "Public Notice of Air Quality Applications."
The above-referenced provisions contained in the Subchapter A and Subchapter Iof Chapter 116, and Subchapter H and Subchapter K of Chapter 39, are severable and notpart of today's proposal action. The provisions in Subchapter A and Subchapter I ofChapter 116 were previously acted on. See 76 FR 1525 (January 11, 2011). Theprovisions in Subchapter H and Subchapter K of Chapter 39 were previously withdrawn.See letter dated July 2, 2010, from the TCEQ to EPA Region 6, in the public docket forthis proposed action. Also, in the July 31, 2002 submittal concerning Chapter 116,Subchapter H: "Permits for Grandfathered Facilities," Division 3, "Existing FacilityFlexible Permits," sections 116.793-802 and 116.804-807 are severable and will be actedon in a future separate rulemaking. By severable, we mean that these sections can beimplemented independently of the remaining portions of the submittal without affectingthe stringency of the submitted rules.
EPA is acting only on a portion of Subchapter H: "Permits for GrandfatheredFacilities": Division 1 and Division 2. The submitted amendments to Subchapter H,Permits for Grandfathered Facilities, implement the portions of TCAA, section 382.0158,which create new types of permits for grandfathered facilities. Division 1 and Division 2representative sections include section 116.770, Requirements to Apply; section 116.774,Eligibility for Small Business Stationary Source Permits; section 116.775, Eligibility forPipeline Facilities Permits; section 116.777, Eligibility for Existing Facility Permits;section 116.779, Applications for Small Business Stationary Source Permits, PipelineFacilities Permits, or Existing Facility Permits; and section 116.783, Notice of FinalAction on Pipeline Facilities Permit Applications and Existing Facility PermitApplications.
In section 116.770, the owner or operator of a grandfathered facility must apply for a permit to operate the facility under Chapter 116, qualify for a permit by rule under Chapter 106, or submit a notice of shutdown. Specific deadlines for facilities to apply are: Before September 1, 2003 for facilities located in the East Texas region, and before September 1, 2004 for facilities located in the West Texas region and El Paso County.
[top] Section 116.774 identifies the types of facilities which are eligible for a small business stationary source permit in accordance with TCAA, section 382.05184. Only the owners or operators of facilities located at small business stationary sources and which are not required to submit emissions inventories to the commission may apply for a small business stationary source permit. The owner or operator must apply for the small business stationary source permit before September 1, 2004. The new section specifies that any grandfathered facility, including any facility for which the owner or operator has submitted a notice of shutdown located at a small business stationary source, may not emit air contaminants on or after March 1,
Section 116.775 identifies the types of facilities which are eligible for a pipelinefacilities permit in accordance with TCAA, section 382.05186. The owner or operator ofa grandfathered reciprocating internal combustion engine or group of engines that arepart of processing, treating, compression, or pumping facilities connected to or part of agathering or transmission pipeline may apply for a pipeline facilities permit. The newsection also requires an application for a pipeline facilities permit to be submitted underthe seal of a Texas licensed professional engineer, if required by section 116.110(e), andstates that the facility's owner or operator is responsible for applying for the permit andcomplying with the subchapter. The new section allows the owner or operator of morethan one grandfathered reciprocating internal combustion engine to apply for a pipelinefacilities permit for a single grandfathered engine or for a group of grandfathered enginesconnected to or part of a gathering or transmission pipeline. The commission revisedsection 116.775(d) to clarify that the owner or operator may apply for a permit for asingle engine or a group of engines.
Section 116.777 identifies the types of facilities which are eligible for an existingfacility permit in accordance with TCAA, section 382.05183. The owner or operator ofany grandfathered facility may apply for an existing facility permit. The new section alsorequires an application for an existing facility permit to be submitted under the seal of aTexas licensed professional engineer, if required by section 116.110(e), and states thatthe facility's owner or operator is responsible for applying for the permit and complyingwith Subchapter H.
Section 116.779 specifies the application requirements and demonstrations whichmust be met in order for a facility to be granted a small business stationary source permit,pipeline facilities permit, or existing facility permit. These requirements are consistentwith the requirements for other permits issued under Chapter 116. Section 116.779 hasthree subsections:
Section 116.779(a) provides that the emissions from the facility must comply withthe rules and regulations of the commission, including the protection of public health andphysical property. The commission may not issue a permit for a grandfathered facility ifit finds that the emissions from the grandfathered facility will not be protective of publichealth and physical property. In order to be consistent with the current review process forpermits and applicable federal requirements, the section requires the owner or operator ofa grandfathered facility applying for a small business stationary source permit, pipelinefacilities permit, existing facility flexible permit, or EGF permit to be able to demonstratethat they meet applicable federal New Source Performance Standards (NSPS) andNational Emission Standards for Hazardous Air Pollutants (NESHAP). Facilities must beable to meet performance standards specified in the application and may be required toprovide information that demonstrates ongoing compliance after the permit is issued. Ifapplicable, facilities would be required to comply with Prevention of SignificantDeterioration (PSD) and nonattainment review as specified in Chapter 116, SubchapterB. Since grandfathered facilities may be required to comply with any applicable Federalrequirements (for example, NESHAP standards), EPA expects Texas to clearly identifystate and federal requirements in the permit.
Section 116.779(b) specifies additional requirements which apply to applicantsfor a pipeline facilities permit. In accordance with TCAA, section 382.05186(e),facilities located in the East Texas region will be required to demonstrate that each enginewill achieve at least a 50% reduction of the hourly emissions rate of NO X and may alsobe required to demonstrate a 50% reduction of the hourly emissions rate of VOC, bothexpressed in terms of grams per brake horsepower-hour (g/bhp-hr). Consistent withTCAA, section 382.05186(f), the new section also states that the commission shallrequire up to a 20% reduction in the hourly emissions rate of NO X and shall require up toa 20% reduction in the hourly emissions rate of VOC, expressed in terms of g/bhp-hr, forfacilities located in the West Texas region or El Paso County.
Section 116.779(c) specifies additional requirements with which applicants for anexisting facility permit will have to comply. In accordance with TCAA, section382.05183(b), applicants for existing facility permits will have to propose an air pollutioncontrol method that is at least as beneficial as the BACT that the commission required orwould have required for a facility of the same class or type as a condition of issuing apermit or permit amendment 120 months (ten-year-old BACT) before the submittal of theexisting facility permit application, considering the age and remaining useful life of thefacility, and identify the date by which the control method will be implemented.
Section 116.783 specifies the commission's responsibilities for sending notice ofthe final action on an application for a pipeline facilities permit or an existing facilitypermit, and the information that the commission must include in the notice. The newsection will require the commission to individually notify persons who commentedduring the public comment period or at a permit hearing, of the final action of thecommission. The notice must be sent by first-class mail to the commenters and to theapplicant. The proposed rule stated that the notice must include the response tocomments, the identification of any changes in the permit, and a statement that anyperson affected by the decision of the commission may petition for rehearing and forjudicial review. Because, in section 116.790, the commission is delegating to theexecutive director the authority to take any action on a permit issued under this division,this section now requires that the notice state that any person affected by the decision ofthe executive director may file a motion to overturn rather than a petition for rehearing.
B. September 4, 2002 Submittal
In the September 4, 2002 submittal, Texas submitted new and amended rules toChapter 116, which include Subchapter A: "Definitions," which adds certain definitions;Subchapter B: "New Source Review Permits;" Subchapter D: "Permit Renewals;" Subchapter F: "Standard Permits;" Subchapter G, "Flexible Permits;" Subchapter H: "Permits for Grandfathered Facilities," Division 2, "Small Business Stationary Source Permits, Pipeline Facilities Permits, and Existing Facility Permits;" Division 3, "Existing Facility Flexible Permits;" and Subchapter I: "Electric Generating Facility Permits."
[top] The above-referenced provisions contained in Subchapter A, Subchapter
EPA is acting only on Subchapter H: "Permits for Grandfathered Facilities,"Division 2; and Subchapter I: "Electric Generating Facility Permits," from the September 4, 2002 submittal.
The submitted amendments to Subchapter H, Permits for Grandfathered Facilities,Division 2, implements the portions of TCAA, section 382.065, which primarily requiresthe permitting of all air contaminant emissions associated with dockside vessel operations. InDivision 2, new section 116.778, "Additional Requirements for Applications forSmall Business Stationary Source Permits, Pipeline Facilities Permits, or ExistingFacility Permits" states that in addition to complying with all applicable requirements ofSubchapter H, any application for a small business stationary source permit, a pipelinefacilities permit, or an existing facility permit must include emissions from the facilityresulting from any associated dockside vessel operations. These emissions must complywith all rules and regulations of the commission and with the intent of the TCAA,including protection of the health and property of the public and minimization ofemissions to the extent possible, consistent with good air pollution control practices.
The submitted amendment to Subchapter I, Electric Generating Facility Permits,implements TCAA, section 382.05185(c) and (d), which adds additionalrequirements in new section 116.919. In addition to complying with all applicablerequirements of this subchapter, any application for a new grandfathered electric generatingfacility permit for auxiliary combustors and coal-fired units only must include emissionsfrom the facility resulting from any associated dockside vessel operations. These emissionsmust comply with all rules and regulations of the commission and with the intent of theTCAA, including protection of the health and property of the public and minimization ofemissions to the extent possible, consistent with good air pollution control practices.
C. March 4, 2004 Submittal
In the March 4, 2004 submittal, Texas submitted amended rules toChapter 116, Subchapter H: "Permits for Grandfathered Facilities, Division 1, GeneralApplicability," sections 116.770 and 116.772. The submitted amendments to SubchapterH, Permits for Grandfathered Facilities, implement portions of TCAA, section382.05186, which requires pipeline facilities permits. The amended sections are: Section116.770, Requirements to Apply; and section 116.772, Notice of Shutdown.
The amendment to section 116.770 changes the section title from "Requirement toApply" to "Requirement to Apply or Register" to better specify the purpose of thesection. Also, it adds new subsections (b) and (c), which specify that certain facilities areconsidered permitted and that the owners and operators of those facilities must submitregistrations. Adopted section 116 .770(b) implements TCAA, section 382.05186(j).Specifically, section 116.770(b) states that a reciprocating internal combustion enginerequired to obtain a pipeline facility permit that is subject to a mass emissions capestablished by the commission is considered permitted if the facility is located in anozone nonattainment area and is in compliance with all state and federal requirements forthat area by June 20, 2003. 30 TAC section 101.351(a) currently specifies that a massemissions cap applies to the Houston/Galveston ozone nonattainment area.Adopted section 116.770(b)(2) requires that the grandfathered reciprocating internalcombustion engines satisfy any currently applicable state or federal regulations in effectas of June 20, 2003, the effective date of House Bill 638, in order to be consideredpermitted. In addition, the commission adopts new section 116.770(c), which requiresowners and operators of facilities that are considered permitted under section 116.770(b)to submit registrations on or before July 1, 2004. The registration requirement isnecessary for the executive director to determine whether all facilities that are consideredto be permitted meet the criteria outlined in House Bill 638. The adopted subsectionsrequire registration rather than require those facilities to obtain a permit under Chapter116, qualify for a permit by rule, or shut down. Registrations must be submitted by July1, 2004, and must include Form PI-1 G, Grandfathered Facility Permit Application.
The amendment to section 116.772 only adopts a change to the cross-referencesin section 116.772(a) and (b) to parallel changes made in section 116.770.
D. Analysis
The July 31, 2002, September 4, 2002, and March 1, 2004 submittals address the applicability and permitting requirements for grandfathered facilities. The permits issued for these facilities are expected to result in reduced emissions of air contaminants and improved compliance with state and federal air pollution control requirements. Further, these permits should achieve better protection of public health and welfare, and improve the existing SIP. These provisions meet the requirement in 40 CFR 51.160(a) that each plan include legally enforceable procedures to determine whether the construction or modification of a facility, building, structure, or installation, or combination of these will result in (1) a violation of applicable portions of the control strategy; or (2) interference with attainment or maintenance of a national standard in the state in which the proposed source (or modification) is located or in a neighboring state.
The revision also meets 40 CFR 51.160(e) by identifying a type of facility that will be subject to review under 40 CFR 51.160(a). In this case, Texas specifically identified grandfathered facilities.
[top] The revisions to 30 Texas Administrative Code (TAC) Chapter 116, concerning the permitting of grandfathered facilities, will achieve Texas' emissions reductions goals.Compliance with these revisions will cause decreased air emissions due to the shutdown of the source, or the use of emission control methods on grandfathered sources that had previously been exempt from having to use emission controls. Because the revisions will cause additional emission reductions from these sources, they will better serve to protect the public health and welfare. The revisions will also continue to contribute to improvement of air quality and attainment or maintenance of the federal air quality standards. Overall, these provisions serve to improve the existing SIP. Lastly, these provisions meet the requirement in 40 CFR 51.160(a) that each plan include legally enforceable procedures to determine whether the construction or modification of a facility, building, structure, or installation, or combination of these will result in (1) a violation of applicable portions of the control
Each revision to an implementation plan submitted by a State under the Clean Air Act requires reasonable notice and public hearing prior to adoption by the State and submission to EPA as a SIP revision. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act. EPA is proposing to approve these revisions because they improve the SIP in accordance with Section 110 of the Act. The reductions achieved through the permitting of grandfathered facilities program occur throughout the State of Texas and include reducing precursors to ozone (NO X and VOC) emissions. The NO X emissions reductions in certain regions of the State were relied upon in Texas' ozone attainment demonstration plans and will provide benefits in reducing ozone concentrations in nonattainment areas and near nonattainment areas, as well as attainment areas. Further, the permitting of grandfathered sources will benefit the public due to reductions of air contaminants emitted from affected grandfathered facilities, and present the opportunity for public participation and comment in the permitting procedures for formerly grandfathered facilities. The program establishes requirements, procedures, deadlines and responsibilities for permit applications for facilities formerly exempt from permit requirements.
III. Proposed Action
EPA is proposing to approve revisions to the Texas SIP that includes 30 TACChapter 116, subchapter H: "Permits for Grandfathered Facilities," sections 116.770-772,116.774-777, 116.779-781, 116.783, 116.785-788, 116.790, 116.793-802, and 116.804-807, which Texas submitted on July 31, 2002. EPA is proposing to approve all of the July31, 2002, SIP revision submittal as part of the Texas NSR SIP except sections 116.793-802 and 116.804-807, as discussed above.
EPA is proposing to approve revisions to the Texas SIP that includes 30 TAC Chapter 116, Subchapter H: "Permits for Grandfathered Facilities," sections 116.778 and 116.803; and Subchapter I: "Electric Generating Facility Permits," section 116.919, which Texas submitted on September 4, 2002. EPA is proposing to approve all of the September 4, 2002, SIP revision submittal as part of the Texas NSR SIP except section 116.803 as discussed above.
EPA is proposing to approve revisions to the Texas SIP that include 30 TAC Chapter 116, Subchapter H: "Permits for Grandfathered Facilities" sections 116.770 and 116.772, which Texas submitted on March 1, 2004. EPA is proposing to approve all of the March 1, 2004, SIP revision submittal as part of the Texas NSR SIP
The July 31, 2002, September 4, 2002, and March 1, 2004 submittals address the applicability and permitting requirements for grandfathered facilities. The revisions will contribute to improvement in overall air quality in Texas. We have evaluated the State's submittal, determined that it meets the applicable requirements of the CAA and EPA air quality regulations, and is consistent with EPA policy.
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, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
• Is not a "significant regulatory action" subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• Is not a "significant regulatory action" subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );
• 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. );
• 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 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);
• 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 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 a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Nonattainment, Ozone, Volatile organic compounds, Reporting and recordkeeping requirements.
Authority:
42 U.S.C. 7401 et seq.
Dated: September 27, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-25262 Filed 10-24-13; 8:45 am]
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