Approval and Promulgation of Implementation Plans; Texas; Revisions to Regulations for Control of Air Pollution by Permits for New Construction or Modification, 72720-72723 [05-23717]
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations
Reservoir, T14S, R1E (El Cajon map);
then
(6) Proceed straight northwesterly
approximately 3.9 miles to the 822meter (2,697-foot) peak of Iron
Mountain, T14S, R1W (El Cajon map);
and
(7) Proceed straight north-northwest
approximately 2.8 miles, crossing onto
the Borrego Valley map, and return to
the beginning point at the peak of
Woodson Mountain.
Signed: August 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–23684 Filed 12–6–05; 8:45 am]
BILLING CODE 4810–31–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0030; FRL–8005–9]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Regulations for Control of
Air Pollution by Permits for New
Construction or Modification
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is taking direct final
action to approve revisions to the Texas
State Implementation Plan (SIP) which
the Texas Commission on
Environmental Quality (TCEQ)
submitted to EPA on February 5, 2004.
The adopted amendments revise
minimum distance limitation permit
requirements for operation of new and
modified sources to allow storage of an
inoperative concrete crusher within 440
yards of a residence, school, or place of
worship; define how distance
measurements should be taken and
when they would be applicable to
concrete crushers and other facilities;
and allow concrete crushers to recycle
broken concrete at temporary
demolition sites within 440 yards of
nearby buildings, unless the facility is
located in a county with a population of
2.4 million or more, or in a county
adjacent to such a county. The TCEQ
also revised the existing distance
limitation for hazardous waste
management facilities to cross-reference
duplicative language elsewhere in its
regulations. This action is being taken
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under section 110 of the Federal Clean
Air Act (the Act, or CAA).
DATES: This rule is effective on February
6, 2006, without further notice, unless
EPA receives adverse comment by
January 6, 2006. If EPA receives such
comment, 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 Regional Material in
EDocket (RME) ID No. R06–OAR–2005–
TX–0030, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
docket.epa.gov/rmepub/, Regional
Material in EDocket (RME), EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. David Neleigh at
neleigh.david@epa.gov. Please also
forward a copy to the person listed in
the FOR FURTHER INFORMATION CONTACT
section below.
• Fax: Mr. David Neleigh, Chief, Air
Permits Section (6PD–R), at fax number
214–665–7263.
• Mail: Mr. David Neleigh, Chief, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
• Hand or Courier Delivery: Mr.
David Neleigh, Chief, Air Permits
Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Such deliveries are accepted only
between the hours of 8 a.m. and 4 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Regional Material in RME ID No. R06–
OAR–2005–TX–0030. EPA’s policy is
that all comments received will be
included in the public file without
change, and may be made available
online at https://docket.epa.gov/
rmepub/, including any personal
information provided, unless the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information the disclosure
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of which is restricted by statute. Do not
submit information through Regional
Material in EDocket (RME),
Regulations.gov, or e-mail if you believe
that it is CBI or otherwise protected
from disclosure. The EPA RME Web site
and the Federal regulations.gov are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public file and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
Regional Material in EDocket (RME)
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI 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 in RME or
in the official file which is available at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
(214) 665–7523 to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The state submittal is also available
for public inspection at the state Air
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations
Agency listed below during official
business hours by appointment:
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT:
Stanley M. Spruiell, Air Permits Section
(6PD–R), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7212; fax number
214–665–7263; e-mail address
spruiell.stanley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. What Is Being Addressed in This
Document?
II. Have the Requirements for Approval of a
SIP Revision Been Met?
III. What Final Action is EPA Taking?
IV. Statutory and Executive Order Review
I. What Is Being Addressed in This
Document?
We are taking direct final action to
approve revisions to Title 30 of the
Texas Administrative Code (30 TAC)
Section 116.112—Distance Limitations
into the Texas SIP. The TCEQ adopted
these revisions on January 14, 2004, and
submitted the revisions to us for
approval as a revision to the SIP on
February 5, 2004. The rulemaking
implements Texas House Bills 555 and
1287, section 5.07, 78th Legislature,
2003.
Section 116.112 currently establishes
distance limitations for lead smelters,
hazardous waste facilities, and concrete
crushing facilities. These distance
limitations apply to new and modified
facilities in these source categories as
conditions of their new source review
authorizations. The existing distance
limitations were approved September
30, 2003 (68 FR 56176).
The revisions to section 116.112
which TCEQ submitted to EPA on
February 5, 2004, revised the section
116.112 as follows:
• The revised rule allows for storage
of an inoperative concrete crusher
within 440 yards of a residence, school,
or place or worship if the residence,
school, or place or worship was in use
at the time the owner or operator filed
an application for the initial
authorization to operate that facility at
that location with the TCEQ.
• The revised rule defines how
distance measurements should be taken
and when they would be applicable to
distances between concrete crushers
and other facilities.
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• The revised rule provides an
exemption from minimum distance
limitations for concrete crushing which
results from on-site demolition for use
primarily at that site. The exemption is
limited to one period of no more than
180 days and is applicable if the facility
is not located in a county with a
population of 2.4 million or more, or in
a county adjacent to such county.
• The citation of the distance
limitations for hazardous waste
management facilities was redesignated
from section 116.112(2) to section
116.112(c) and revised to refer to the
duplicative distance limitations for such
facilities in 30 TAC section 335.204
(relating to Unsuitable Characteristics)
and section 335.205 (relating to
Prohibition of Permit Issuance). These
cross-referenced sections are equivalent
to the former provisions of section
116.112(2). The TCEQ limited
applicability of the cross-referenced
provisions to section 335.204, as
amended and adopted in the August 22,
2003 issue of the Texas Register (28
TexReg 6915), and section 335.205, as
amended and adopted in the November
9, 2001 issue of the Texas Register (26
TexReg 9135). Thus hazardous waste
management facilities must comply
with the distance limitations in the
specific versions of sections 335.204
and 335.205 identified in section
116.112(c). If TCEQ later revises section
335.204 or section 335.205, it must
submit an appropriate SIP revision to
EPA to incorporate the revised version
of section 335.204 or section 335.205
into section 116.112 and receive EPA
approval in order for EPA to recognize
the revised versions of these sections.
The Technical Support Document,
which is part of the record for this
action, contains more detailed
information on how the revision meets
the requirements of the Act, including
Section 110 and implementing
regulations.
II. Have the Requirements for Approval
of a SIP Revision Been Met?
The distance limitations in section
116.112 are a discretionary measure not
mandated by the CAA. The revision
strengthens the SIP by providing
protection for persons located near a
lead smelter, concrete crushing facility,
or hazardous waste management
facility. By restricting the location of
these types of facilities, the SIP provides
additional assurance that persons
located near these types of facilities will
not be adversely affected by exposure to
the air contaminants emitted from these
facilities. House Bill 1287 restricts
Texas’ authority to provide an
exemption from the distance limitation
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and measurement requirements to
facilities for which the Commission
determines that operation at the location
will cause no adverse environmental or
health effects. Texas has stated that
compliance with this condition will be
determined during protectiveness
review as part of permit development.
The permit review will determine
compliance with section
116.111(2)(A)(i) of the existing SIP,
which provides that the emissions from
a new or modified facility will comply
with all rules and regulations of the
Commission and with the intent of the
Texas Clean Air Act, including the
protection of the health and physical
property of the people. Texas noted that
sources must also comply with the
nuisance provisions of section 101.4 of
the SIP. We have determined that the
revision meets the requirements of 40
CFR 51.160(a) and section 110(l) of the
CAA because it sets forth legally
enforceable procedures that require the
TCEQ to determine whether the
construction or modification will result
in a violation of applicable portions of
the control strategy or will interfere
with attainment or maintenance of a
national standard. The revision also
meets the requirement of 40 CFR
51.160(e) to identify types of facilities
that will be subject to review.
III. What Final Action Is EPA Taking?
We are approving as a revision to the
Texas SIP revisions of 30 TAC section
116.112—Distance Limitations, which
Texas submitted on February 5, 2004.
We are publishing this rule without
prior proposal because we view this as
a noncontroversial 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 adverse comments are
received. This rule will be effective on
February 6, 2006 without further notice
unless we receive adverse comment by
January 6, 2006. If we receive 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 all
public comments in a subsequent final
rule based on the proposed rule. We
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 we receive
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.
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is 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 action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this 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 approves 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 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
approves 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 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
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 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.).
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 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 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 February 6, 2006.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 30, 2005.
Carl E. Edlund,
Acting Regional Administrator, Region 6.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by revising the
entry for Section 116.112 to read as
follows:
I
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
*
VerDate Aug<31>2005
EPA
approval
date
Explanation
*
*
*
*
*
Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
*
*
*
*
Subchapter B—New Source Review Permits
Division 1—Permit Application
*
*
Section 116.112 .................................
*
State approval submittal date
Title/Subject
*
*
Distance Limitations .........................
*
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*
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01/14/04
*
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations
[FR Doc. 05–23717 Filed 12–6–05; 8:45 am]
Summary of the Clarification
BILLING CODE 6560–50–P
I. Introduction
1. In the Second DTV Periodic Report
and Order, we approved in principle the
use of distributed transmission system
(DTS) technologies but deferred to a
separate proceeding the development of
rules for DTS operation and the
examination of several policy issues
related to its use. (See Second Periodic
Review of the Commission’s Rules and
Policies Affecting the Conversion to
Digital Television, 69 FR 59500, October
4, 2004, (Second DTV Periodic Report
and Order)). With this Clarification, we
clarify the interim rules established in
the Second DTV Periodic Report and
Order, which will continue to be
available for stations that wish to apply
to use DTS technology during the
pendency of this rulemaking
proceeding. In the Notice of Proposed
Rulemaking (NPRM), which is
published elsewhere in this issue of the
Federal Register, we examine the issues
related to the use of DTS and propose
rules for future DTS operation. The
rules we propose in the NPRM will
apply with respect to existing
authorized facilities and to use of DTS
after establishment of the new DTV
Table of Allotments, which may afford
stations the opportunity to apply to
maximize their service areas after our
current freeze on the filing of most
applications.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 05–312; FCC 05–192]
Digital Television Distributed
Transmission System Technologies;
Clarification Order
Federal Communications
Commission.
ACTION: Clarification.
AGENCY:
SUMMARY: In this document, the
Commission clarifies the interim
guidelines relating to DTS that were
established in the Second DTV Periodic
Report and Order. The interim rules
apply to stations that wish to use DTS
during the pendency of this rulemaking
proceeding in this docket.
DATES: Effective October 4, 2004.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Evan Baranoff,
Evan.Baranoff@fcc.gov of the Media
Bureau, Policy Division, (202) 418–
2120.
This is a
summary of the Commission’s
Clarification Order, FCC 05–192,
adopted on November 3, 2005, and
released on November 4, 2005. The full
text of this document is available for
public inspection and copying during
regular business hours in the FCC
Reference Center, Federal
Communications Commission, 445 12th
Street, SW., CY–A257, Washington, DC
20554. These documents will also be
available via ECFS (https://www.fcc.gov/
cgb/ecfs/). (Documents will be available
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act of 1995
Analysis
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13.
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II. Background
2. In the Second DTV Periodic NPRM
in MB Docket No. 03–15, we sought
comment on whether we should permit
DTV stations to use DTS technologies.
(See Second Periodic Review of the
Commission’s Rules and Policies
Affecting the Conversion to Digital
Television, MB Docket No. 03–15, 68 FR
7737 February 18, 2003, (Second DTV
Periodic NPRM).). A DTV distributed
transmission system would employ
multiple synchronized transmitters
spread around a station’s service area.
Each transmitter would broadcast the
station’s DTV signal on the same
channel, relying on the performance of
‘‘adaptive equalizer’’ circuitry in DTV
receivers to cancel or combine the
multiple signals plus any reflected
signals to produce a single signal. Such
distributed transmitters could be
considered to be similar to analog TV
booster stations, a secondary, low power
service used to fill in unserved areas in
the parent station’s coverage area, but
DTV technology has the ability to enable
this type of operation in a much more
efficient manner. For analog TV
boosters, in contrast to DTV DTS
operation, significant self-interference
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will occur unless there is substantial
terrain blocking the arrival of multiple
signals into the same area (for example,
interference will occur if one signal
arrives from the primary analog station
directly and a second signal arrives from
a booster station).
3. We received 18 comments in the
Second DTV Periodic Report and Order
relating to the use of DTS, with the
parties generally supporting use of this
technology. We agreed with the
generally supportive comments that
DTS technology offers potential benefits
to the public and noted the encouraging,
though limited, reports of the
technology tested thus far. Accordingly,
in the Second DTV Periodic Report and
Order we approved in principle the use
of DTS technology, set forth interim
guidelines, and committed to undertake
a rulemaking proceeding to adopt rules
for DTS operations. We now initiate that
rulemaking to propose rules for future
DTS operation, seek further comment on
DTS operations and clarify certain
aspects of the interim rules established
in the Second DTV Periodic Report and
Order.
III. Clarification of DTS Interim
Authorization Policy
4. In the Second DTV Periodic Report
and Order, we decided to permit
interim DTS operations if they provided
predicted service only within a station’s
currently authorized area (including its
replication area as well as any
maximization area resulting from
facilities granted by a construction
permit or license). In addition, for an
interim DTS proposal to be approved,
we stated that it needed to be designed
to serve essentially all of its replication
coverage area. We now take this
opportunity to respond to informal
industry inquiries by clarifying how the
interim guidelines apply to DTS during
the pendency of this proceeding.
Specifically, consistent with the
requirement to serve the population that
is currently served, DTS transmitters
must be located within the DTV
station’s predicted noise-limited service
contour (PNLC). We will consider on a
case-by-case basis requests to extend
beyond the PNLC by a minimal
distance, provided such extension is
necessary to permit coverage of the area
within the PNLC. Further, consistent
with this limitation, DTS transmitters
will be limited to power levels such that
any individual DTS transmitter’s PNLC
would only exceed the station’s PNLC
by a minimal amount consistent with
the use of DTS to serve viewers within
the PNLC. For this interim policy, a
station’s PNLC is based on its existing
authorizations (combined coverage areas
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]]>Agencies
[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Rules and Regulations]
[Pages 72720-72723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23717]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0030; FRL-8005-9]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Regulations for Control of Air Pollution by Permits for
New Construction or Modification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking direct final action to approve revisions to
the Texas State Implementation Plan (SIP) which the Texas Commission on
Environmental Quality (TCEQ) submitted to EPA on February 5, 2004. The
adopted amendments revise minimum distance limitation permit
requirements for operation of new and modified sources to allow storage
of an inoperative concrete crusher within 440 yards of a residence,
school, or place of worship; define how distance measurements should be
taken and when they would be applicable to concrete crushers and other
facilities; and allow concrete crushers to recycle broken concrete at
temporary demolition sites within 440 yards of nearby buildings, unless
the facility is located in a county with a population of 2.4 million or
more, or in a county adjacent to such a county. The TCEQ also revised
the existing distance limitation for hazardous waste management
facilities to cross-reference duplicative language elsewhere in its
regulations. This action is being taken under section 110 of the
Federal Clean Air Act (the Act, or CAA).
DATES: This rule is effective on February 6, 2006, without further
notice, unless EPA receives adverse comment by January 6, 2006. If EPA
receives such comment, 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 Regional Material in
EDocket (RME) ID No. R06-OAR-2005-TX-0030, by one of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rmepub/, Regional
Material in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
EPA Region 6 ``Contact Us'' Web site: https://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. David Neleigh at neleigh.david@epa.gov. Please
also forward a copy to the person listed in the FOR FURTHER INFORMATION
CONTACT section below.
Fax: Mr. David Neleigh, Chief, Air Permits Section (6PD-
R), at fax number 214-665-7263.
Mail: Mr. David Neleigh, Chief, Air Permits Section (6PD-
R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. David Neleigh, Chief, Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Regional Material in RME ID
No. R06-OAR-2005-TX-0030. EPA's policy is that all comments received
will be included in the public file without change, and may be made
available online at https://docket.epa.gov/ rmepub/, 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 Regional Material in EDocket (RME),
Regulations.gov, or e-mail if you believe that it is CBI or otherwise
protected from disclosure. The EPA RME Web site and the Federal
regulations.gov are ``anonymous access'' systems, which means EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an e-mail comment directly to EPA
without going through RME or regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the public file and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at https://docket.epa.gov/
rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI 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 in RME or in the official file which is
available at the Air Permits Section (6PD-R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file
will be made available by appointment for public inspection in the
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays. Contact the person listed in the
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at
(214) 665-7523 to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The state submittal is also available for public inspection at the
state Air
[[Page 72721]]
Agency listed below during official business hours by appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7212;
fax number 214-665-7263; e-mail address spruiell.stanley@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What Is Being Addressed in This Document?
II. Have the Requirements for Approval of a SIP Revision Been Met?
III. What Final Action is EPA Taking?
IV. Statutory and Executive Order Review
I. What Is Being Addressed in This Document?
We are taking direct final action to approve revisions to Title 30
of the Texas Administrative Code (30 TAC) Section 116.112--Distance
Limitations into the Texas SIP. The TCEQ adopted these revisions on
January 14, 2004, and submitted the revisions to us for approval as a
revision to the SIP on February 5, 2004. The rulemaking implements
Texas House Bills 555 and 1287, section 5.07, 78th Legislature, 2003.
Section 116.112 currently establishes distance limitations for lead
smelters, hazardous waste facilities, and concrete crushing facilities.
These distance limitations apply to new and modified facilities in
these source categories as conditions of their new source review
authorizations. The existing distance limitations were approved
September 30, 2003 (68 FR 56176).
The revisions to section 116.112 which TCEQ submitted to EPA on
February 5, 2004, revised the section 116.112 as follows:
The revised rule allows for storage of an inoperative
concrete crusher within 440 yards of a residence, school, or place or
worship if the residence, school, or place or worship was in use at the
time the owner or operator filed an application for the initial
authorization to operate that facility at that location with the TCEQ.
The revised rule defines how distance measurements should
be taken and when they would be applicable to distances between
concrete crushers and other facilities.
The revised rule provides an exemption from minimum
distance limitations for concrete crushing which results from on-site
demolition for use primarily at that site. The exemption is limited to
one period of no more than 180 days and is applicable if the facility
is not located in a county with a population of 2.4 million or more, or
in a county adjacent to such county.
The citation of the distance limitations for hazardous
waste management facilities was redesignated from section 116.112(2) to
section 116.112(c) and revised to refer to the duplicative distance
limitations for such facilities in 30 TAC section 335.204 (relating to
Unsuitable Characteristics) and section 335.205 (relating to
Prohibition of Permit Issuance). These cross-referenced sections are
equivalent to the former provisions of section 116.112(2). The TCEQ
limited applicability of the cross-referenced provisions to section
335.204, as amended and adopted in the August 22, 2003 issue of the
Texas Register (28 TexReg 6915), and section 335.205, as amended and
adopted in the November 9, 2001 issue of the Texas Register (26 TexReg
9135). Thus hazardous waste management facilities must comply with the
distance limitations in the specific versions of sections 335.204 and
335.205 identified in section 116.112(c). If TCEQ later revises section
335.204 or section 335.205, it must submit an appropriate SIP revision
to EPA to incorporate the revised version of section 335.204 or section
335.205 into section 116.112 and receive EPA approval in order for EPA
to recognize the revised versions of these sections.
The Technical Support Document, which is part of the record for
this action, contains more detailed information on how the revision
meets the requirements of the Act, including Section 110 and
implementing regulations.
II. Have the Requirements for Approval of a SIP Revision Been Met?
The distance limitations in section 116.112 are a discretionary
measure not mandated by the CAA. The revision strengthens the SIP by
providing protection for persons located near a lead smelter, concrete
crushing facility, or hazardous waste management facility. By
restricting the location of these types of facilities, the SIP provides
additional assurance that persons located near these types of
facilities will not be adversely affected by exposure to the air
contaminants emitted from these facilities. House Bill 1287 restricts
Texas' authority to provide an exemption from the distance limitation
and measurement requirements to facilities for which the Commission
determines that operation at the location will cause no adverse
environmental or health effects. Texas has stated that compliance with
this condition will be determined during protectiveness review as part
of permit development. The permit review will determine compliance with
section 116.111(2)(A)(i) of the existing SIP, which provides that the
emissions from a new or modified facility will comply with all rules
and regulations of the Commission and with the intent of the Texas
Clean Air Act, including the protection of the health and physical
property of the people. Texas noted that sources must also comply with
the nuisance provisions of section 101.4 of the SIP. We have determined
that the revision meets the requirements of 40 CFR 51.160(a) and
section 110(l) of the CAA because it sets forth legally enforceable
procedures that require the TCEQ to determine whether the construction
or modification will result in a violation of applicable portions of
the control strategy or will interfere with attainment or maintenance
of a national standard. The revision also meets the requirement of 40
CFR 51.160(e) to identify types of facilities that will be subject to
review.
III. What Final Action Is EPA Taking?
We are approving as a revision to the Texas SIP revisions of 30 TAC
section 116.112--Distance Limitations, which Texas submitted on
February 5, 2004. We are publishing this rule without prior proposal
because we view this as a noncontroversial 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 adverse
comments are received. This rule will be effective on February 6, 2006
without further notice unless we receive adverse comment by January 6,
2006. If we receive 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 all public comments in a
subsequent final rule based on the proposed rule. We 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 we receive
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.
[[Page 72722]]
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is 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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 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 approves 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 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 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 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.).
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 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 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 February 6, 2006. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 30, 2005.
Carl E. Edlund,
Acting Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entry for Section 116.112 to
read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval EPA
State citation Title/Subject submittal approval Explanation
date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
* * * * * * *
Subchapter B--New Source Review Permits
Division 1--Permit Application
* * * * * * *
Section 116.112..................... Distance Limitations... 01/14/04 12/07/05
* * * * * * *
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[[Page 72723]]
[FR Doc. 05-23717 Filed 12-6-05; 8:45 am]
BILLING CODE 6560-50-P
