Approval of the Clean Air Act Section 112(l) Program for Hazardous Air Pollutants and Delegation of Authority to the State of Texas, 13127 [05-5412]
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Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it 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).
This proposed 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). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
VerDate jul<14>2003
15:20 Mar 17, 2005
Jkt 205001
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This proposed
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 3, 2005.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 05–5407 Filed 3–17–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[R06–OAR–2004–TX–0004; FRL–7886–3]
Approval of the Clean Air Act Section
112(l) Program for Hazardous Air
Pollutants and Delegation of Authority
to the State of Texas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Texas Commission on
Environmental Quality (TCEQ) has
submitted requests for receiving
delegation of EPA authority for
implementation and enforcement of
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for all sources. The requests apply to
certain NESHAPs promulgated by EPA,
as adopted on various dates by TCEQ.
The delegation of authority under this
notice does not apply to sources located
in Indian Country. EPA is providing
notice that proposes to approve the
delegation of certain NESHAPs to
TDEQ.
DATES: Written comments must be
received on or before April 18, 2005.
ADDRESSES: Comments may be mailed to
Mr. Jeff Robinson, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Comments
may also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the Addresses section of the direct final
rule located in the final rules section of
the Federal Register.
PO 00000
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13127
Mr.
Jeff Robinson, Air Permits Section,
Multimedia Planning and Permitting
Division (6PD–R), U.S. Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733, at (214) 665–6435, or at
robinson.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving TCEQ’s
request for delegation of authority to
implement and enforce certain
NESHAPs for all sources (both Part 70
and non-Part 70 sources). TCEQ has
adopted certain NESHAPs into Texas’
state regulations. In addition, EPA is
waiving its notification requirements so
sources will only need to send
notifications and reports to TCEQ.
The EPA is taking direct final action
without prior proposal because EPA
views this as a noncontroversial action
and anticipates no adverse comments. A
detailed rationale for this approval is set
forth in the preamble to the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn, and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting must do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is
published in the Rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Authority: 42 U.S.C. 7412.
Dated: March 9, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05–5412 Filed 3–17–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7886–2]
Texas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\18MRP1.SGM
18MRP1
]]>Agencies
[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Proposed Rules]
[Page 13127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5412]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[R06-OAR-2004-TX-0004; FRL-7886-3]
Approval of the Clean Air Act Section 112(l) Program for
Hazardous Air Pollutants and Delegation of Authority to the State of
Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Texas Commission on Environmental Quality (TCEQ) has
submitted requests for receiving delegation of EPA authority for
implementation and enforcement of National Emission Standards for
Hazardous Air Pollutants (NESHAPs) for all sources. The requests apply
to certain NESHAPs promulgated by EPA, as adopted on various dates by
TCEQ. The delegation of authority under this notice does not apply to
sources located in Indian Country. EPA is providing notice that
proposes to approve the delegation of certain NESHAPs to TDEQ.
DATES: Written comments must be received on or before April 18, 2005.
ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the Addresses section of the direct final rule
located in the final rules section of the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, Air Permits
Section, Multimedia Planning and Permitting Division (6PD-R), U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733, at (214) 665-6435, or at
robinson.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving TCEQ's request for delegation of authority
to implement and enforce certain NESHAPs for all sources (both Part 70
and non-Part 70 sources). TCEQ has adopted certain NESHAPs into Texas'
state regulations. In addition, EPA is waiving its notification
requirements so sources will only need to send notifications and
reports to TCEQ.
The EPA is taking direct final action without prior proposal
because EPA views this as a noncontroversial action and anticipates no
adverse comments. A detailed rationale for this approval is set forth
in the preamble to the direct final rule. If no adverse comments are
received in response to this action rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn, and all public comments received will be addressed
in a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment. For additional information, see
the direct final rule which is published in the Rules section of this
Federal Register.
Authority: 42 U.S.C. 7412.
Dated: March 9, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-5412 Filed 3-17-05; 8:45 am]
BILLING CODE 6560-50-P
