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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules
and 2 Emission Statements from stationary point sources. A copy of the SIP revision is available online at www.regulations.gov, Docket number EPAR06OAR20200166. In the SIP
revision submittal, Texas determined that the NNSR SIP requirements of CAA
section 182a2C are met for the 2015
NAAQS as the Texas SIP already includes 30 TAC Section 116.12
Nonattainment and Prevention of Significant Deterioration Review Definitions and 30 TAC Section 116.150 New Major Source or Major Modification in Ozone Nonattainment Area. Texas also determined that 30
TAC Section 101.10 Emissions Inventory Requirements of the Texas SIP, which requires that stationary sources report NOX and VOC emissions, continues to address the emissions statements requirement of CAA section 182a3B for the 2015 ozone NAAQS.

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II. The EPAs Evaluation A. CAA Requirements for NNSR
A NNSR permitting program for ozone nonattainment areas is required by the CAA section 182a2C. The NNSR
requirements are further defined in 40
CFR 51 Subpart I Review of New Sources and Modifications. NNSR
permits for ozone authorize construction of new major sources or major modifications of existing sources of NOX or VOC in an area that is designated nonattainment for the ozone NAAQS. Emissions thresholds and pollutant offset requirements under the NNSR program are based on the nonattainment areas classification.
Under these requirements new major sources or major modifications at existing sources in an ozone nonattainment area must comply with the lowest achievable emission rate and obtain sufficient emission offsets for emissions of NOX or VOC. For Marginal ozone nonattainment areas, major sources are any stationary source or group of sources located within a contiguous area and under common control that emits, or has the potential to emit, at least 100 tons per year of NOX or VOC CAA sections 182c and 182f. The NNSR offset ratio for Marginal ozone nonattainment areas must be at least 1.1 to 1 CAA section 182a4. As noted by the State, the Texas SIP already includes 30 TAC
Section 116.12 Nonattainment and Prevention of Significant Deterioration Review Definitions and 30 TAC Section 116.150 New Major Source or Major Modification in Ozone Nonattainment Area. For the Bexar County area these provisions require new major sources or major modifications at existing sources,
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that emit or has the potential to emit, at least 100 tons per year of NOX or VOC, to comply with the lowest achievable emission rate LAER and obtain emission offsets at the Marginal classification ratio of 1.1 to 1.
More stringent NNSR requirements apply to the counties in the DFW and HGB areas as they are also classified as Serious nonattainment for the 2008
ozone standard of 0.075 ppm 40 CFR
81.344. For the DFW and HGB areas, these provisions require new major sources or major modifications at existing sources, that emit or has the potential to emit, at least 50 tons per year of NOX or VOC, to comply with the LAER and obtain emission offsets at the Serious classification ratio of 1.2 to 1. In 1995, we approved Texas NNSR
program for ozone, which includes Marginal and Serious classification requirements under CAA section 182
60 FR 49781, September 27, 1995.
Most recently, we approved revisions to the Texas SIP to address NNSR
requirements in 2012 77 FR 65119, October 25, 2012 and 2014 79 FR
66626, November 10, 2014. Therefore, since the Texas SIP includes approved provisions addressing the CAA NNSR
requirements for ozone nonattainment areas classified as Marginal, we are proposing to approve this portion of the SIP revision.
B. CAA Requirements for Emissions Statements CAA section 182a3B calls for SIPs for all ozone nonattainment areas to require that the owner or operator of each stationary source of NOX or VOC
provide the State with an annual statement of emissions along with a certification that the information is accurate to the best knowledge of the individual certifying the statement. As noted by the State, the Texas SIP
includes 30 TAC Section 101.10
Emissions Inventory Requirements.
The certification for emission statements is found at 30 TAC Section 101.10d Certifying statement. We initially approved this certification as meeting the CAA emission statement requirement in 1994 59 FR 44036, August 26, 1994. Most recently we approved revisions to 30 TAC Section 101.10 in 2017 82 FR 26598, June 8, 2017. The most recently EPA-approved Texas regulation continues to include appropriate provisions so that the owner or operator of each stationary source must provide the State with a statement with each emissions inventory attesting that the information contained in the inventory is true and accurate to the best knowledge of the certifying official 30 TAC Section 101.10d1.

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Therefore, since the Texas SIP includes approved provisions addressing the CAA emission statement requirement, we are proposing to approve this portion of the SIP revision.
III. Proposed Action We are proposing to approve portions of a SIP revision submitted by the State of Texas on June 24, 2020, that describes how CAA requirements for NNSR and emission statements are met in the DFW, HGB, and Bexar County ozone nonattainment areas for the 2015 ozone NAAQS.
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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs 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;
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. 1044;
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 12d 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
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