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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
implementing regulations at 40 CFR part 60, subpart B. It was subsequently discovered that 30 TAC 113.23133B
is inconsistent with the delegation of authority provisions of Title 40 CFR
60.29906 and 60.3020c2. As discussed in more detail in the next section, on June 11, 2021, TCEQ
submitted a commitment letter to the EPA to address a discrepancy in the Texas OSWI plan. A copy of the Texas submittal and the commitment letter is included in the docket for this rulemaking Docket No. EPAR06
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II. Evaluation The EPA has evaluated the Texas OSWI plan to determine whether the plan meets applicable requirements from the OSWI EG at 40 CFR part 60, subpart FFFF, and the CAA section 111d implementing regulations at 40
CFR part 60, subpart B. The EPAs detailed rationale and discussion on the Texas OSWI plan can be found in the Technical Support Document TSD, located in the docket for this rulemaking.
Section 60.2983 of the OSWI EG
addresses what must be included in state plan submittals. These requirements include:
1 Inventory of affected incineration units, including those that have ceased operation but have not been dismantled.
2 Inventory of emissions from affected incineration units in the State.
3 Compliance schedules for each affected incineration unit.
4 For each affected incineration unit, emission limitations, operator training and qualification requirements, a waste management plan, and operating parameter requirements that are at least as protective as the emission guidelines contained in this subpart.
5 Stack testing, recordkeeping, and reporting requirements.
6 Transcript of the public hearing on the State plan.
7 Provision for State progress reports to EPA.
8 Identification of enforceable State mechanisms that the State selected for implementing the emission guidelines of this subpart.
9 Demonstration of the states legal authority to carry out the sections 111d and 129 in the state plan.
4 The May 18, 2009, Texas submittal also includes the CAA section 111d/129 plans addressing requirements for incinerators subject to the Small Municipal Waste Combustion units SMWC
Emission Guidelines at 40 CFR part 60, subpart BBBB, and the Commercial and Industrial Solid Waste Incineration units CISWI Emission Guidelines at 40 CFR part 60, subpart DDDD. We are only addressing the Texas OSWI plan portion in this rulemaking.

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Section 60.2983 of the OSWI EG also requires the state plan to demonstrate that it is at least as protective as the OSWI EG if it deviates from the format and content of the EG in 40 CFR part 60, subpart FFFF. The state plan must also follow the requirements of 40 CFR part 60, subpart B. The TSD goes into detail as to how the Texas OSWI plan meets these requirements. In evaluating the states OSWI plan, the EPA considered the commitment letter submitted by the State. The letter addressed the component of the state plan that is inconsistent with the withheld authority provisions of the OSWI EG, specifically, the review of qualified operator accessibility status reports under 30
TAC 113.23133B, which corresponds to 40 CFR 60.3020c2. In order to address the discrepancy, the TCEQ committed to forward any notification, report, or request it receives pursuant to 30 TAC
113.23133 to the EPA without taking any other action, including approving or disapproving any request.
III. Proposed Action The EPA is proposing to partially approve the Texas OSWI plan submitted by TCEQ and amend 40 CFR part 62 in accordance with the requirements under sections 111d and 129 of the CAA. The EPA is proposing to find that the Texas OSWI plan, with the exception of 30
TAC 113.23133, is at least as protective as the Federal requirements provided under the OSWI EG, codified at 40 CFR part 60, subpart FFFF. Once approved by the EPA, the Texas OSWI
plan will become federally enforceable.
IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a CAA section 111d/129 submission that complies with the provisions of the Act and applicable Federal regulations. 42
U.S.C. 7411d; 42 U.S.C. 7429; 40 CFR
part 60, subparts B and FFFF; and 40
CFR part 62, subpart A. Thus, in reviewing CAA section 111d/129 state plan submissions, EPAs role is to approve state choices, provided that they meet the criteria of the Act and implementing regulations. 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,
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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 Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
This rule also does not have Tribal implications because it will not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes, as specified by Executive Order 13175
65 FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Waste treatment and disposal.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 13, 2021.
David Gray, Acting Regional Administrator, Region 6.
FR Doc. 202117763 Filed 81821; 8:45 am BILLING CODE 656050P

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