80 FR 16573 - Approval and Promulgation of Implementation Plans; Texas; Public Participation for Air Quality Permit Applications
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 60 (March 30, 2015)
Federal Register Volume 80, Issue 60 (March 30, 2015)
| Page Range | 16573-16576 | |
| FR Document | 2015-07124 |
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)] [Rules and Regulations] [Pages 16573-16576] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07124] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0033; FRL-9925-19-Region 6] Approval and Promulgation of Implementation Plans; Texas; Public Participation for Air Quality Permit Applications AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking a direct final action to approve two provisions submitted by the State of Texas as revisions to the Texas State Implementation Plan (SIP) on July 2, 2010, specific to the applicability of the public notice requirements to applications for Plant-Wide Applicability (PAL) permits and standard permits for concrete batch plants without enhanced controls. Today's direct final action will complete the rulemaking process started in our December 13, 2012, proposal and approve the public notice provisions into the Texas SIP. The EPA is also taking direct final action to convert the public notice applicability provisions for Texas Flexible Permits from a final conditional approval to a full approval. The EPA is taking this action under section 110 and parts C and D of the Clean Air Act (CAA or the Act). DATES: This rule is effective on May 29, 2015 without further notice, unless the EPA receives relevant adverse comments by April 29, 2015. If the EPA receives such comments, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2015-0033, by one of the following methods:http://www.regulations.gov: Follow the on-line instructions. Email: Adina Wiley at wiley.adin& Mail or delivery: Ms. Adina Wiley, 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- 2015-0033. The 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 the 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 the 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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the 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 the 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). FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, 214-665-2115, [[Page 16574]] [email protected]. To inspect the hard copy materials, please schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214- 665-7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. Table of Contents I. Background II. The EPA's Evaluation A. Public Notice Applicability for Applications for PALs and Standard Permits for Concrete Batch Plants Without Enhanced Controls B. Public Notice Applicability for Applications for New and Amended Flexible Permits III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background The Clean Air Act at section 110(a)(2)(C) requires States to develop and implement permitting programs for attainment and nonattainment areas that cover both construction and modification of stationary sources. The EPA codified minimum requirements for these State permitting programs including public participation and notification requirements at 40 CFR 51.160--51.164. On June 2, 2010, the Texas Commission on Environmental Quality (TCEQ) adopted amendments to 30 TAC Chapter 39, Public Notice; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment; and Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; and corresponding revisions to the Texas SIP. Chairman Bryan W. Shaw, Ph.D., submitted these amendments to the EPA for approval as revisions to the Texas SIP in a letter dated July 2, 2010. The EPA has taken final action on the majority of the July 2, 2010, SIP submittal for public notice. But, through inadvertent errors, we have neglected to complete the rulemaking process for the public notice applicability provisions for applications for PAL permits at 30 TAC section 39.402(a)(8), standard permits for concrete batch plants without enhanced controls at 30 TAC section 39.402(a)(11), and new and amended flexible permits at 30 TAC section 39.402(a)(4) and (a)(5). II. The EPA's Evaluation A. Public Notice Applicability for Applications for PALs and Standard Permits for Concrete Batch Plants Without Enhanced Controls The EPA proposed approval of the majority of the July 2, 2010, Texas SIP submittal on December 13, 2012, at 77 FR 74129. In this proposed rulemaking and our accompanying Technical Support Document, the EPA presented our evaluation and preliminary determination for the applicability of the public notice requirements for applications for PAL permits at 30 TAC 39.402(a)(8) and standard permits for concrete batch plants without enhanced controls at 30 TAC 39.402(a)(11). In both instances, we determined that the public notice provisions in Chapter 39 for each type of permit application were consistent with all applicable federal requirements and would be fully approvable into the Texas SIP. However, we neglected to include the specific provisions at 30 TAC 39.402(a)(8) and 39.402(a)(11) in our ``Proposed Action'' statement in the December 13, 2012, Federal Register document. While the public had the opportunity to review and comment on our evaluation and preliminary determination of approvability of these provisions, we never formally proposed these provisions for approval into the Texas SIP. As such, we did not finalize approval of 30 TAC 39.402(a)(8) and (a)(11) with the majority of the public notice provisions on January 6, 2014 at 79 FR 551. Please see the EPA's December 13, 2012, proposed approval at 77 FR 74129 for our technical evaluation. The evaluation of the applicability of the public notice provisions for PAL permit applications can be found at page 74136. The evaluation of the applicability of the public notice provisions for permit applications for standard permits for concrete batch plants can be found at pages 74136-74140. The Technical Support Document dated December 12, 2012, available in the rulemaking docket for this action, provides additional details to support our determination that the public notice applicability provisions at 30 TAC 39.402(a)(8) and (a)(11) are consistent with federal requirements and fully approvable into the Texas SIP. We incorporate our previous evaluation of these two provisions into this action. We note that because the evaluation was included in our previous preamble and TSD, we did accept and respond to any comments received regarding the applicability of public notice provisions for applications for PALs and standard permits for concrete batch plants without enhanced controls. The EPA received and responded to comments about PAL public notice, but none specific to the applicability provision at 30 TAC section 39.402(a)(8). See 79 FR 551, at 556 and 557-558. Our evaluation and preliminary determination of approvability did not change as a result of these comments. The EPA did not receive any comments specific to the applicability of the public notice provisions for standard permits for concrete batch plants without enhanced controls at 30 TAC 39.402(a)(11); therefore our evaluation of that provision also remains unchanged. Today's final action is merely correcting our previous error in failing to propose and finalize incorporation of these two provisions into the SIP on the basis of our previous technical evaluation and preliminary determination. The EPA has not changed our rationale. We continue to believe that 30 TAC 39.402(a)(8) and (a)(11) are fully approvable and it is our intent to include these provisions in the Texas SIP. B. Public Notice Applicability for Applications for New and Amended Flexible Permits The EPA finalized a conditional approval of the Texas Flexible Permits Program on July 14, 2014, at 79 FR 40666. Our final action included conditional approval of the public notice applicability provisions for applications for new and amended flexible permits at 30 TAC sections 39.402(a)(4) and (a)(5) as submitted on July 2, 2010. As a result of this action, the public notice provisions at 30 TAC sections 39.402(a)(4) and (a)(5) became a part of the Texas SIP contingent upon the TCEQ satisfying the conditions of the December 9, 2013, commitment letter.\1\ --------------------------------------------------------------------------- \1\ The December 9, 2013, commitment letter required changes to the Flexible Permits Program in 30 TAC Chapter 116, but did not require any changes to the public notice requirements for new and amended flexible permits at 30 TAC sections 39.402(a)(4) and (a)(5). --------------------------------------------------------------------------- In a subsequent proposed rulemaking on December 31, 2014, the EPA determined that the TCEQ satisfied all commitments from the December 9, 2013, commitment letter and thus we proposed to convert our final conditional approval of the Texas Flexible Permits Program to a full approval. See 79 FR 78752. However, we neglected to include the public notice applicability provisions at 30 TAC section 39.402(a)(4) and (a)(5) in that proposal. Today's final action is merely correcting our previous error in failing to include the public notice applicability provisions for Flexible Permits in our December 2014 proposal to convert the conditional approval to a full approval. Because the EPA has determined that the TCEQ satisfied all [[Page 16575]] commitments from the December 9, 2013, commitment letter, the public notice provisions for the Texas Flexible Permit program at 30 TAC sections 39.402(a)(4) and (a)(5) should be converted to a full approval. The conversion of the remainder of the conditionally approved Texas Flexible Permit program to a full approval will be addressed in a separate rulemaking. III. Final Action We are approving through a direct final action revisions to the Texas SIP that pertain to the applicability of public notice provisions for PAL permit applications at 30 TAC section 39.402(a)(8) and for applications for standard permits for concrete batch plants without enhanced controls at 30 TAC section 39.402(a)(11). The EPA has determined that these two provisions are consistent with all applicable federal requirements for public notice requirements for PAL permit applications and minor NSR. Therefore, we are approving 30 TAC sections 39.402(a)(8) and 39.402(a)(11) into the Texas SIP as submitted on July 2, 2010. In today's direct final action, the EPA is also converting our final conditional approval to a final full approval for the applicability of public notice provisions for applications for new and amended flexible permits at 30 TAC sections 39.402(a)(4) and (a)(5). The EPA is publishing this rule without prior proposal because we view this as a non-controversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the SIP revision if relevant adverse comments are received. Today's direct final rule will be effective on May 29, 2015 without further notice unless we receive relevant adverse comment by April 29, 2015. If we receive relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address those public comments in a subsequent final rule based on the proposed rule. Any parties interested in commenting must do so at this time. The EPA will not institute a second comment period on this action. Please note that if we receive relevant adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of revisions to the Texas regulations concerning the applicability of public notice requirements as described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. 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, the Regional Administrator's role is to approve state choices, provided that they meet the criteria of the CAA. 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); 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 (Public Law 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 the 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 rule 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 29, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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, Incorporation by reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. [[Page 16576]] Dated: March 16, 2015. Samuel Coleman, Acting Regional Administrator, Region 6. Therefore, 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 SS--Texas 0 2. In Sec. 52.2270, the table in paragraph (c) is amended by revising the entry ``Section 39.402'' to read as follows: Sec. 52.2270 Identification of plan. * * * * * (c) * * * EPA Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject submittal EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 39--Public Notice ---------------------------------------------------------------------------------------------------------------- Subchapter H--Applicability and General Provisions ---------------------------------------------------------------------------------------------------------------- Section 39.402.................. Applicability to Air 6/2/2012 3/30/2015 [Insert SIP includes Quality Permits and Federal Register 39.402(a)(1)-(a)(6 Permit Amendments. citation]. ), (a)(8), and (a)(11). * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-07124 Filed 3-27-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16573
tribal implications and will not impose § 52.1373 Control strategy: Carbon • http://www.regulations.gov: Follow
substantial direct costs on tribal monoxide. the on-line instructions.
governments or preempt tribal law as * * * * * • Email: Adina Wiley at wiley.adin&
specified by Executive Order 13175 (65 (b) Revisions to the Montana State • Mail or delivery: Ms. Adina Wiley,
FR 67249, November 9, 2000). Implementation Plan, revised Carbon Air Permits Section (6PD–R),
The Congressional Review Act, 5 Monoxide Maintenance Plan for Environmental Protection Agency, 1445
U.S.C. 801 et seq., as added by the Small Billings, as submitted by the Governor’s Ross Avenue, Suite 1200, Dallas, Texas
Business Regulatory Enforcement Designee on July 13, 2011, and the 75202–2733.
Fairness Act of 1996, generally provides associated Alternative Monitoring Instructions: Direct your comments to
that before a rule may take effect, the Strategy for Billings, as submitted by the Docket ID No. EPA–R06–OAR–2015–
agency promulgating the rule must Governor’s Designee on June 22, 2012. 0033. The EPA’s policy is that all
submit a rule report, which includes a * * * * * comments received will be included in
copy of the rule, to each House of the [FR Doc. 2015–07227 Filed 3–27–15; 8:45 am]
the public docket without change and
Congress and to the Comptroller General may be made available online at
BILLING CODE 6560–50–P
of the United States. EPA will submit a http://www.regulations.gov, including
report containing this action and other any personal information provided,
required information to the U.S. Senate, ENVIRONMENTAL PROTECTION unless the comment includes
the U.S. House of Representatives, and AGENCY information claimed to be Confidential
the Comptroller General of the United Business Information (CBI) or other
States prior to publication of the rule in 40 CFR Part 52 information the disclosure of which is
the Federal Register. A major rule restricted by statute. Do not submit
[EPA–R06–OAR–2015–0033; FRL–9925–19–
cannot take effect until 60 days after it information through http://
Region 6]
is published in the Federal Register. www.regulations.gov or email, if you
This action is not a ‘‘major rule’’ as Approval and Promulgation of believe that it is CBI or otherwise
defined by 5 U.S.C. 804(2). Implementation Plans; Texas; Public protected from disclosure. The http://
Under section 307(b)(1) of the Clean Participation for Air Quality Permit www.regulations.gov Web site is an
Air Act, petitions for judicial review of Applications ‘‘anonymous access’’ system, which
this action must be filed in the United means that the EPA will not know your
States Court of Appeals for the AGENCY: Environmental Protection identity or contact information unless
appropriate circuit by May 29, 2015. Agency (EPA). you provide it in the body of your
Filing a petition for reconsideration by ACTION: Direct final rule. comment. If you send an email
the Administrator of this final rule does comment directly to the EPA without
not affect the finality of this action for SUMMARY: The Environmental Protection going through http://
the purposes of judicial review nor does Agency (EPA) is taking a direct final www.regulations.gov, your email
it extend the time within which a action to approve two provisions address will be automatically captured
petition for judicial review may be filed, submitted by the State of Texas as and included as part of the comment
and shall not postpone the effectiveness revisions to the Texas State that is placed in the public docket and
of such rule or action. This action may Implementation Plan (SIP) on July 2, made available on the Internet. If you
not be challenged later in proceedings to 2010, specific to the applicability of the submit an electronic comment, the EPA
enforce its requirements. (See section public notice requirements to recommends that you include your
307(b)(2).) applications for Plant-Wide name and other contact information in
Applicability (PAL) permits and the body of your comment along with
List of Subjects in 40 CFR Part 52 standard permits for concrete batch any disk or CD–ROM submitted. If the
Environmental protection, Air plants without enhanced controls. EPA cannot read your comment due to
pollution control, Carbon monoxide, Today’s direct final action will complete technical difficulties and cannot contact
Incorporation by reference, the rulemaking process started in our you for clarification, the EPA may not
Intergovernmental relations, Reporting December 13, 2012, proposal and be able to consider your comment.
and recordkeeping requirements. approve the public notice provisions Electronic files should avoid the use of
into the Texas SIP. The EPA is also special characters and any form of
Authority: 42 U.S.C. 7401 et seq.
taking direct final action to convert the encryption and should be free of any
Dated: March 17, 2015. public notice applicability provisions defects or viruses. For additional
Debra H. Thomas, for Texas Flexible Permits from a final information about the EPA’s public
Acting Regional Administrator, Region 8. conditional approval to a full approval. docket, visit the EPA Docket Center
The EPA is taking this action under homepage at http://www.epa.gov/
40 CFR part 52 is amended to read as
section 110 and parts C and D of the epahome/dockets.htm.
follows:
Clean Air Act (CAA or the Act). Docket: The index to the docket for
PART 52—APPROVAL AND DATES: This rule is effective on May 29, this action is available electronically at
PROMULGATION OF 2015 without further notice, unless the www.regulations.gov and in hard copy
IMPLEMENTATION PLANS EPA receives relevant adverse at EPA Region 6, 1445 Ross Avenue,
comments by April 29, 2015. If the EPA Suite 700, Dallas, Texas. While all
asabaliauskas on DSK5VPTVN1PROD with RULES
■ 1. The authority citation for Part 52 receives such comments, the EPA will documents in the docket are listed in
continues to read as follows: publish a timely withdrawal in the the index, some information may be
Authority: 42 U.S.C. 7401 et seq. Federal Register informing the public publicly available only at the hard copy
that this rule will not take effect. location (e.g., copyrighted material), and
Subpart BB—Montana ADDRESSES: Submit your comments, some may not be publicly available at
identified by Docket No. EPA–R06– either location (e.g., CBI).
■ 2. Section 52.1373 is amended by OAR–2015–0033, by one of the FOR FURTHER INFORMATION CONTACT: Ms.
revising paragraph (b) to read as follows: following methods: Adina Wiley, 214–665–2115,
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![16576 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
Dated: March 16, 2015. PART 52—APPROVAL AND Subpart SS—Texas
Samuel Coleman, PROMULGATION OF
Acting Regional Administrator, Region 6. IMPLEMENTATION PLANS ■ 2. In § 52.2270, the table in paragraph
(c) is amended by revising the entry
Therefore, 40 CFR part 52 is amended ■ 1. The authority citation for part 52 ‘‘Section 39.402’’ to read as follows:
as follows: continues to read as follows: § 52.2270 Identification of plan.
Authority: 42 U.S.C. 7401 et seq. * * * * *
(c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
approval/
State citation Title/subject EPA approval date Explanation
submittal
date
* * * * * * *
Chapter 39—Public Notice
Subchapter H—Applicability and General Provisions
Section 39.402 .......... Applicability to Air Quality Per- 6/2/2012 3/30/2015 [Insert Federal Reg- SIP includes 39.402(a)(1)–(a)(6),
mits and Permit Amendments. ister citation]. (a)(8), and (a)(11).
* * * * * * *
* * * * * Ave. NW., Washington, DC 20460–0001; Docket Facility is also provided under
[FR Doc. 2015–07124 Filed 3–27–15; 8:45 am] telephone number: (202) 564–9064; ADDRESSES in the January 27, 2015
BILLING CODE 6560–50–P
email address: passe.loraine@epa.gov. Federal Register document. If you have
For general information contact: The questions, consult the person listed
TSCA-Hotline, ABVI-Goodwill, 422 under FOR FURTHER INFORMATION
ENVIRONMENTAL PROTECTION South Clinton Ave., Rochester, NY CONTACT.
AGENCY 14620; telephone number: (202) 554–
1404; email address: TSCA- III. Statutory and Executive Order
40 CFR Part 711 Hotline@epa.gov. Reviews
[EPA–HQ–OPPT–2014–0809; FRL–9924–84] SUPPLEMENTARY INFORMATION: The reviews discussed in the January
RIN 2070–AK01 I. What rule is being withdrawn? 27, 2015 Federal Register document are
In the January 27, 2015 Federal not applicable to this final rule because
Withdrawal of Partial Exemption for Register (80 FR 4482) (FRL–9921–56), it is simply a withdrawal.
Certain Chemical Substances EPA added certain chemical substances IV. Congressional Review Act (CRA)
AGENCY: Environmental Protection to the list of chemical substances that
Agency (EPA). are partially exempt from reporting Pursuant to the CRA, 5 U.S.C. 801 et
ACTION: Final rule.
additional information under the seq., EPA will submit a report
Chemical Data Reporting (CDR) rule. containing this rule amendment and
SUMMARY: In the Federal Register issue EPA later received an adverse comment other required information to the U.S.
of January 27, 2015, EPA published a that is pertinent to all six of the Senate, the U.S. House of
direct final rule that amended the list of chemical substances that are the subject Representatives, and the Comptroller
chemical substances that are partially of that rule (EPA–HQ–OPPT–2014– General of the United States prior to
exempt from reporting additional 0809). In accordance with the publication of the action in the Federal
information under the Chemical Data procedures described in the January 27, Register. This action is not a ‘‘major
Reporting (CDR) rule to add certain 2015 Federal Register document, EPA is
rule’’ as defined by 5 U.S.C. 804(2).
chemical substances. EPA received an withdrawing the direct final rule. EPA
adverse comment pertinent to all six of anticipates that it will publish, in the List of Subjects in 40 CFR Part 711
the chemical substances that are the near future, a notice proposing to add
subject of that rule. This document these six chemical substances to the list Environmental protection, Chemicals,
accordingly withdraws the direct final of chemical substances that are partially Hazardous substances, Reporting and
rule. exempt from reporting additional recordkeeping requirements,
information under the Chemical Data Administrative practice and procedure.
asabaliauskas on DSK5VPTVN1PROD with RULES
DATES: This rule is effective March 30, Reporting (CDR) rule.
2015. Dated: March 20, 2015.
FOR FURTHER INFORMATION CONTACT: II. How do I access the docket? James Jones,
For technical information contact: To access the docket, please go to Assistant Administrator, Office of Chemical
Loraine Passe, Chemical Control http://www.regulations.gov and follow Safety and Pollution Prevention.
Division (7405M), Office of Pollution the online instructions using the docket
Prevention and Toxics, Environmental ID number EPA–HQ–OPPT–2014–0809. Therefore, 40 CFR chapter I is
Protection Agency, 1200 Pennsylvania Additional information about the amended as follows:
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Document Created: 2015-12-18 11:32:17
Document Modified: 2015-12-18 11:32:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on May 29, 2015 without further notice, unless the EPA receives relevant adverse comments by April 29, 2015. If the EPA receives such comments, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. | |
| Contact | Ms. Adina Wiley, 214-665-2115, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214- 665-7253. | |
| FR Citation | 80 FR 16573 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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