80 FR 60295 - Approval and Promulgation of Implementation Plans; Texas; Revisions to the Minor New Source Review (NSR) State Implementation Plan (SIP) for Portable Facilities
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 193 (October 6, 2015)
Federal Register Volume 80, Issue 193 (October 6, 2015)
| Page Range | 60295-60297 | |
| FR Document | 2015-25343 |
[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)] [Rules and Regulations] [Pages 60295-60297] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25343] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2010-0283; FRL-9935-04-Region 6] Approval and Promulgation of Implementation Plans; Texas; Revisions to the Minor New Source Review (NSR) State Implementation Plan (SIP) for Portable Facilities AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to the Texas State Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality (TCEQ) on March 19, 2010 and July 2, 2010. These revisions to the Texas SIP revise the minor New Source Review (NSR) program to provide for the relocation and change of location of permitted portable facilities, establish definitions related to portable facilities, and establish public participation for changes of location to portable facilities. The EPA finds that these revisions to the Texas SIP comply with the Federal Clean Air Act (the Act or CAA) and are consistent with our regulations and policy for minor NSR. The EPA is finalizing this approval under section 110 of the Act. DATES: This final rule is effective on November 5, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2010-0283. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Ms. Aimee Wilson, (214) 665-7596, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for today's action is discussed in detail in our July 17, 2015 proposal (80 FR 42443). In that notice, we proposed to approve severable portions of SIP submittals for the State of Texas submitted on March 19, 2010, and July 2, 2010 that revised the Texas SIP minor NSR program for portable facilities. The TCEQ issues the underlying minor NSR portable facility permits under the existing minor NSR SIP provisions in Chapter 116. 30 TAC Sections 116.20 and 116.178 provide that once a permit has been issued to a portable facility, the facility can be moved either through a change of location or a relocation. A change of location occurs when a portable facility is moved to a new location and is required to go through the SIP-approved minor NSR public notice requirements of Chapter 39. A relocation of a portable facility is movement of the portable facility without public notice under Chapter 39. Relocations occur in one of two scenarios. First, portable facilities can be relocated to a location in support of a public works project in which the new site is located in or contiguous to the right-of way of the public works project. The second possibility, is that a portable facility relocates to a site in which a portable facility has previously been located at any time during the previous two years and the site was subject Chapter 39 public notice requirements. Public notice requirements for the change of location or relocation of a portable facility are established at 30 TAC Section 39.402(a)(12). We received one comment letter in support of our proposal. Therefore, we are taking this final action under section 110 of the Act. II. Final Action We are approving severable portions of SIP submittals for the State of Texas submitted on March 19, 2010, and July 2, 2010, that revised the Texas SIP minor NSR program for portable facilities. The EPA has determined that the submitted rules were adopted and submitted in accordance with the CAA and are consistent with our regulations and policies regarding minor NSR permitting. Therefore, the EPA approves the following as revisions to the Texas SIP:30 TAC Section 116.20 as adopted on February 10, 2010, submitted on March 19, 2010; 30 TAC Section 116.178 as adopted on February 10, 2010, submitted on March 19, 2010; and 30 TAC Section 39.402(a)(12) adopted on June 2, 2010, submitted on July 2, 2010. This action is being taken under section 110 of the Act. III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the Texas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. [[Page 60296]] 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, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 (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 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). In addition, 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 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. EPA will submit a report containing this action 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 7, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed 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, Carbon Monoxide, Incorporation by reference, Hydrocarbons, Intergovernmental relations, Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 23, 2015. Ron Curry, Regional Administrator, Region 6. 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(c) the table titled ``EPA Approved Regulations in the Texas SIP'' is amended by revising the entry for Section 39.402 and adding a new entry for Section 116.20, and by adding a new heading for ``Division 8'' and a new entry for Section 116.178 in numerical order, 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 6/2/2010 10/6/2015 [Insert SIP includes 39.402 Air Quality Federal Register (a)(1)-(a)(6), Permits and Permit citation]. (a)(8), (a)(11), Amendments. and (a)(12). [[Page 60297]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification Subchapter A--Definitions ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 116.20................... Portable Facilities 2/10/2010 10/6/2015 [Insert ................... Definitions. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- Subchapter B--New Source Review Permits ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 8--Portable Facilities ---------------------------------------------------------------------------------------------------------------- Section 116.178.................. Relocations and 2/10/2010 10/6/2015 [Insert ................... Changes of Federal Register Location of citation]. Portable Facilities. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-25343 Filed 10-5-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations 60295
bascule bridge and has a vertical (SIP) submitted by the Texas minor NSR public notice requirements
clearance in the closed position of 14 Commission on Environmental Quality of Chapter 39. A relocation of a portable
feet above mean high water. (TCEQ) on March 19, 2010 and July 2, facility is movement of the portable
The current operating schedule is set 2010. These revisions to the Texas SIP facility without public notice under
out in 33 CFR 117.843(a). Under this revise the minor New Source Review Chapter 39. Relocations occur in one of
temporary deviation, the bridge will (NSR) program to provide for the two scenarios. First, portable facilities
open to marine traffic every two hours, relocation and change of location of can be relocated to a location in support
on the hour, from 9 a.m. until 7 p.m. on permitted portable facilities, establish of a public works project in which the
October 10, 2015 and from 9 a.m. until definitions related to portable facilities, new site is located in or contiguous to
5 p.m. on October 11, 2015. The bridge and establish public participation for the right-of way of the public works
will operate per 33 CFR 117.843(a) from changes of location to portable facilities. project. The second possibility, is that a
7 p.m. on October 10, 2015 until 9 a.m. The EPA finds that these revisions to portable facility relocates to a site in
on October 11, 2015. The Trent River is the Texas SIP comply with the Federal which a portable facility has previously
used by a variety of vessels including Clean Air Act (the Act or CAA) and are been located at any time during the
small commercial vessels and consistent with our regulations and previous two years and the site was
recreational vessels. The Coast Guard policy for minor NSR. The EPA is subject Chapter 39 public notice
has carefully coordinated the finalizing this approval under section requirements. Public notice
restrictions with commercial and 110 of the Act. requirements for the change of location
recreational waterway users. DATES: This final rule is effective on or relocation of a portable facility are
Vessels able to pass through the November 5, 2015. established at 30 TAC Section
bridge in the closed position may do so ADDRESSES: The EPA has established a 39.402(a)(12). We received one
at any time. The bridge will be able to docket for this action under Docket ID comment letter in support of our
open for emergencies and there is no No. EPA–R06–OAR–2010–0283. All proposal. Therefore, we are taking this
alternate route for vessels unable to pass documents in the docket are listed on final action under section 110 of the
through the bridge in the closed the http://www.regulations.gov Web Act.
position. The Coast Guard will also site. Although listed in the index, some
inform the users of the waterways information is not publicly available, II. Final Action
through our Local and Broadcast Notice e.g., Confidential Business Information We are approving severable portions
to Mariners of the change in operating or other information whose disclosure is of SIP submittals for the State of Texas
schedule for the bridge so that vessels restricted by statute. Certain other
can arrange their transits to minimize submitted on March 19, 2010, and July
material, such as copyrighted material, 2, 2010, that revised the Texas SIP
any impacts caused by this temporary is not placed on the Internet and will be
deviation. minor NSR program for portable
publicly available only in hard copy facilities. The EPA has determined that
In accordance with 33 CFR 117.35(e), form. Publicly available docket
the drawbridge must return to its regular the submitted rules were adopted and
materials are available either submitted in accordance with the CAA
operating schedule immediately at the electronically through http://
end of the effective period of this and are consistent with our regulations
www.regulations.gov or in hard copy at
temporary deviation. This deviation and policies regarding minor NSR
the EPA Region 6, 1445 Ross Avenue,
from the operating regulations is permitting. Therefore, the EPA approves
Suite 700, Dallas, Texas 75202–2733.
authorized under 33 CFR 117.35. the following as revisions to the Texas
FOR FURTHER INFORMATION CONTACT: Ms. SIP:
Dated: October 1, 2015. Aimee Wilson, (214) 665–7596,
wilson.aimee@epa.gov. • 30 TAC Section 116.20 as adopted
Hal R. Pitts,
on February 10, 2010, submitted on
Bridge Program Manager, Fifth Coast Guard SUPPLEMENTARY INFORMATION:
March 19, 2010;
District. Throughout this document wherever
[FR Doc. 2015–25372 Filed 10–5–15; 8:45 am] ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean • 30 TAC Section 116.178 as adopted
BILLING CODE 9110–04–P the EPA. on February 10, 2010, submitted on
March 19, 2010; and
I. Background
• 30 TAC Section 39.402(a)(12)
The background for today’s action is adopted on June 2, 2010, submitted on
ENVIRONMENTAL PROTECTION
discussed in detail in our July 17, 2015 July 2, 2010.
AGENCY
proposal (80 FR 42443). In that notice,
we proposed to approve severable This action is being taken under
40 CFR Part 52 section 110 of the Act.
portions of SIP submittals for the State
[EPA–R06–OAR–2010–0283; FRL–9935–04– of Texas submitted on March 19, 2010,
Region 6] III. Incorporation by Reference
and July 2, 2010 that revised the Texas
SIP minor NSR program for portable In this rule, we are finalizing
Approval and Promulgation of
facilities. The TCEQ issues the regulatory text that includes
Implementation Plans; Texas;
underlying minor NSR portable facility incorporation by reference. In
Revisions to the Minor New Source
permits under the existing minor NSR accordance with the requirements of 1
Review (NSR) State Implementation
SIP provisions in Chapter 116. 30 TAC CFR 51.5, we are finalizing the
Plan (SIP) for Portable Facilities
Sections 116.20 and 116.178 provide incorporation by reference of the
srobinson on DSK5SPTVN1PROD with RULES
AGENCY: Environmental Protection that once a permit has been issued to a revisions to the Texas regulations as
Agency (EPA). portable facility, the facility can be described in the Final Action section
ACTION: Final rule. moved either through a change of above. We have made, and will continue
location or a relocation. A change of to make, these documents generally
SUMMARY: The Environmental Protection location occurs when a portable facility available electronically through
Agency (EPA) is approving revisions to is moved to a new location and is www.regulations.gov and/or in hard
the Texas State Implementation Plan required to go through the SIP-approved copy at the EPA Region 6 office.
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![60296 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations
IV. Statutory and Executive Order • Is not subject to requirements of 2015. Filing a petition for
Reviews section 12(d) of the National reconsideration by the Administrator of
Technology Transfer and Advancement this final rule does not affect the finality
Under the Clean Air Act, the
Act of 1995 (15 U.S.C. 272 note) because of this action for the purposed of
Administrator is required to approve a application of those requirements would judicial review nor does it extend the
SIP submission that complies with the be inconsistent with the Clean Air Act; time within which a petition for judicial
provisions of the Act and applicable and review may be filed, and shall not
Federal regulations. 42 U.S.C. 7410(k); • Does not provide EPA with the postpone the effectiveness of such rule
40 CFR 52.02(a). Thus, in reviewing SIP discretionary authority to address, as or action. This action may not be
submissions, the EPA’s role is to appropriate, disproportionate human challenged later in proceedings to
approve state choices, provided that health or environmental effects, using enforce its requirements. (See section
they meet the criteria of the Clean Air practicable and legally permissible 307(b)(2).)
Act. Accordingly, this action merely methods, under Executive Order 12898
approves state law as meeting Federal (59 FR 7629, February 16, 1994). List of Subjects in 40 CFR part 52
requirements and does not impose In addition, the SIP is not approved Environmental protection, Air
additional requirements beyond those to apply on any Indian reservation land pollution control, Carbon Monoxide,
imposed by state law. For that reason, or in any other area where EPA or an Incorporation by reference,
this action: Indian tribe has demonstrated that a Hydrocarbons, Intergovernmental
• Is not a ‘‘significant regulatory tribe has jurisdiction. In those areas of relations, Lead, Nitrogen oxides, Ozone,
action’’ subject to review by the Office Indian country, the rule does not have Particulate matter, Reporting and
of Management and Budget under tribal implications and will not impose recordkeeping requirements, Sulfur
Executive Orders 12866 (58 FR 51735, substantial direct costs on tribal oxides, Volatile organic compounds.
October 4, 1993) and 13563 (76 FR 3821, governments or preempt tribal law as
January 21, 2011); specified by Executive Order 13175 (65 Dated: September 23, 2015.
• Does not impose an information FR 67249, November 9, 2000). Ron Curry,
collection burden under the provisions The Congressional Review Act, 5 Regional Administrator, Region 6.
of the Paperwork Reduction Act (44 U.S.C. 801 et seq., as added by the Small 40 CFR part 52 is amended as follows:
U.S.C. 3501 et seq.); Business Regulatory Enforcement
• Is certified as not having a Fairness Act of 1996, generally provides PART 52—APPROVAL AND
significant economic impact on a that before a rule may take effect, the PROMULGATION OF
substantial number of small entities agency promulgating the rule must IMPLEMENTATION PLANS
under the Regulatory Flexibility Act (5 submit a rule report, which includes a
U.S.C. 601 et seq.); copy of the rule, to each House of the ■ 1. The authority citation for part 52
Congress and to the Comptroller General continues to read as follows:
• Does not contain any unfunded
of the United States. EPA will submit a Authority: 42 U.S.C. 7401 et seq.
mandate or significantly or uniquely
report containing this action and other
affect small governments, as described
required information to the U.S. Senate, Subpart SS—Texas
in the Unfunded Mandates Reform Act
the U.S. House of Representatives, and
of 1995 (Pub. L. 104–4);
the Comptroller General of the United ■ 2. In § 52.2270(c) the table titled ‘‘EPA
• Does not have Federalism States prior to publication of the rule in Approved Regulations in the Texas SIP’’
implications as specified in Executive the Federal Register. A major rule is amended by revising the entry for
Order 13132 (64 FR 43255, August 10, cannot take effect until 60 days after it Section 39.402 and adding a new entry
1999); is published in the Federal Register. for Section 116.20, and by adding a new
• Is not an economically significant This action is not a ‘‘major rule’’ as heading for ‘‘Division 8’’ and a new
regulatory action based on health or defined by 5 U.S.C. 804(2). entry for Section 116.178 in numerical
safety risks subject to Executive Order Under section 307(b)(1) of the Clean order, to read as follows:
13045 (62 FR 19885, April 23, 1997); Air Act, petitions for judicial review of
• Is not a significant regulatory action this action must be filed in the United § 52.2270 Identification of plan.
subject to Executive Order 13211 (66 FR States Court of Appeals for the * * * * *
28355, May 22, 2001); appropriate circuit by December 7, (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
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Section 39.402 ........................ Applicability to Air Quality 6/2/2010 10/6/2015 [Insert Federal SIP includes 39.402 (a)(1)–
Permits and Permit Amend- Register citation]. (a)(6), (a)(8), (a)(11), and
ments. (a)(12).
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
State citation Title/subject EPA Approval date Explanation
submittal
date
* * * * * * *
Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
Subchapter A—Definitions
* * * * * * *
Section 116.20 ........................ Portable Facilities Definitions 2/10/2010 10/6/2015 [Insert Federal
Register citation].
Subchapter B—New Source Review Permits
* * * * * * *
Division 8—Portable Facilities
Section 116.178 ...................... Relocations and Changes of 2/10/2010 10/6/2015 [Insert Federal
Location of Portable Facili- Register citation].
ties.
* * * * * * *
[FR Doc. 2015–25343 Filed 10–5–15; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2015-12-15 08:51:00
Document Modified: 2015-12-15 08:51:00
| 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 | Final rule. | |
| Dates | This final rule is effective on November 5, 2015. | |
| Contact | Ms. Aimee Wilson, (214) 665-7596, [email protected] | |
| FR Citation | 80 FR 60295 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Hydrocarbons; Intergovernmental Relations; Lead; Nitrogen Oxides; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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