Approval and Promulgation of Implementation Plans; Texas; Revisions to Chapter 116 Which Relate to the Permit Renewal Application and Permit Renewal Submittal, 11464-11468 [2010-5240]
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Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 25, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Y—Minnesota
2. In § 52.1220 the table in paragraph
(d) is amended by removing the entry
for ‘‘J.L. Shiely Company’’ and adding an
entry, in alphabetical order, for
‘‘Aggregate Industries’’ to read as
follows:
■
§ 52.1220
*
Identification of plan.
*
*
(d) * * *
*
*
40 CFR part 52 is amended as follows:
■
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
State
effective
date
Name of source
Permit No.
Aggregate Industries .......................
12300007–002
*
*
*
*
*
*
*
*
[FR Doc. 2010–5122 Filed 3–10–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0192; FRL–9125–9]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Chapter 116 Which Relate
to the Permit Renewal Application and
Permit Renewal Submittal
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking a direct final
action to approve revisions to the
applicable State Implementation Plan
(SIP) for the State of Texas which relate
to the Permit Renewal Application and
Permit Renewal Submittal regulations.
These portions of the SIP revisions
approved today would address
requirements related to the timeline for
the submittal of an application for
permit renewal. EPA finds that these
changes to the Texas SIP comply with
the Federal Clean Air Act (the Act or
CAA) and EPA regulations, are
consistent with EPA policies, and will
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EPA
approval
date
Comments
03/11/10, [Insert page number
where the document begins].
Only conditions cited as ‘‘Title I
condition: SIP for PM10 NAAQS.’’
*
*
improve air quality. This action is being
proposed under section 110 and parts C
and D of the Act.
DATES: This direct final rule is effective
on May 10, 2010 without further notice,
unless EPA receives relevant adverse
comment by April 12, 2010. 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 Docket ID No. EPA–R06–
OAR–2008–0192 by one of the following
methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov: Follow the
on-line instructions for submitting
comments.
(2) E-mail: Mr. Jeff Robinson at
robinson.jeffrey@epa.gov. Please also cc
the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below.
(3) U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), at fax number
214–665–6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
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*
*
(6) Hand or Courier Delivery: Mr. Jeff
Robinson, 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 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2008–
0192. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means that 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 https://www.regulations.gov
your e-mail address will be
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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, 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 docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy 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 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 submittals, which are part
of the EPA docket, are also available for
public inspection at the State Air
Agency 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: Ms.
Melanie Magee, Air Permits Section
(6PD–R), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7161; fax number
(214) 665–6762; e-mail address
magee.melanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is
used, we mean EPA.
Table of Contents
I. The State’s Submittals
II. What Action Is EPA Taking?
III. EPA’s Evaluation
A. What Did Texas Submit for the Permit
Renewal Application Section?
B. What Is EPA’s Evaluation of the Permit
Renewal Application Revisions?
C. What Did Texas Submit for the Permit
Renewal Submittal?
D. What Is EPA’s Evaluation of the Permit
Renewal Submittal Revisions?
IV. Final Action
V. Statutory and Executive Order Reviews
I. The State’s Submittals
On December 15, 1995, July 22, 1998,
and September 4, 2002, the Texas
Commission on Environmental Quality
(TCEQ) submitted proposed revisions to
the Texas State Implementation Plan
(SIP) concerning the Permit Renewal
Application, 30 TAC Chapter 116,
Subchapter D, Section 116.311—Permit
Renewal Application. The December 15,
1995 and July 22, 1998 revisions were
superseded and rendered moot by
revisions submitted to EPA on
September 4, 2002 because they
repealed the earlier versions of the same
provisions addressed in that submittal.
The September 4, 2002 SIP revision
recodified the existing provision of
section 116.311(c) into a new section
Date
submitted
Section
Title
30 TAC 116.311 .................
Permit Renewal Application.
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11/16/95*
7/22/98*
9/4/02
30 TAC 116.315 .................
6/17/98*
8/21/02
9/4/02
9/25/03
8/21/02
8/20/03
Fmt 4700
116.315—Permit Renewal Submittal.
The SIP submittals of 30 TAC 116.311
dated July 22, 1998 and September 4,
2002 have other provisions that have
not been evaluated in any prior action
and are severable from the provisions
that we are approving in this action
because the revisions being addressed
here are ministerial and noncontroversial in nature. Additional
information related to these SIP
submittals are contained in the
Technical Support Document (TSD).
Revisions to the Permit Renewal
Submittal section were submitted by
TCEQ to EPA on September 25, 2003
and May 30, 2008. The September 25,
2003 SIP submittal revisions state that
an application for permit renewal must
be submitted at least six months, but no
earlier than 18 months prior to the
permit expiration date. Also included
within the revision is a provision for the
Executive Director to approve
applications before or after this
specified time period. Following the
passage of the Texas Senate Bill 1673
(SB 1673), 80th Legislature, 2007, TCEQ
submitted to EPA revisions to section
116.315 on May 30, 2008 to allow the
Commission to process a renewal
application at the same time as an
amendment for a preconstruction
permit, provided the amendment
application is filed not more than three
years before the date the permit is
scheduled to expire and is subject to
public notice requirements. The
revisions were adopted by the state on
May 7, 2008. With this action, we are
approving these revisions and
recodifications of the Permit Renewal
Section.
The table below summarizes the
changes that were submitted and are
affected by this action. A summary of
EPA’s evaluation of each section and the
basis for this proposal is discussed in
section III of this preamble. The TSD
includes a detailed evaluation of the
referenced SIP submittals.
Date adopted
by the state
12/15/95*
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Comments
Renamed previously SIP approved Subsection (c)
to subsections (d) and (e).
Removed pre-existing non-SIP approved subsections (d) and (e) and recodified to a new 30
TAC 116.315 (a) and (b).
Initial adoption.
Revised previously recodified subsection (a); New
subsection (b); Redesignated former recodified
subsection (b) to subsection (c).
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Section
Date
submitted
Title
Date adopted
by the state
5/30/08
5/7/08
Comments
Revised subsection (a); New subsection (c); Redesignated former subsection (c) to subsection
(d).
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* Because Texas Repealed and resubmitted each section under Subchapter D in its 7/22/98 submittal, our analysis includes 12/15/95 and 7/
22/98 SIP submittal together.
II. What Action Is EPA Taking?
We have evaluated the SIP
submissions for consistency with the
CAA, NSR regulations for major and
minor sources in 40 CFR Part 51, and
the approved Texas SIP. We have also
reviewed the rules for enforceability and
legal sufficiency. In this review, we
have identified that on March 10, 2006,
EPA approved revisions to Title 30 of
the Texas Administrative Code (30
TAC), Chapter 116—Control of Air
Pollution by Permits for New
Construction or Modification, Section
311—Permit Renewal Application into
the Texas SIP. Since EPA’s approval,
Texas has submitted three SIP revisions
to section 116.311(c) on December 15,
1995, July 22, 1998 and September 4,
2002. The December 15, 1995 and July
22, 1998 rule revisions to 116.311(c) are
superseded by the September 4, 2002
SIP submittal. Included in the
September 4, 2002 revision to section
116.311, is the recodification of existing
severable provisions from section
116.311(c) to a new section 116.315—
Permit Renewal Submittal.
On September 25, 2003, TCEQ
submitted to EPA changes to the new
section 116.315. As a result of the
passage of the Texas Senate Bill 1673
(SB 1673), 80th Legislature, 2007, TCEQ
submitted additional revisions to
section 116.315 on May 30, 2008. The
revisions include provisions allowing
the Commission to process a renewal
application at the same time as an
amendment for a preconstruction
permit, provided the amendment
application is filed not more than three
years before the date the permit is
scheduled to expire and are subject to
public notice requirements.
A technical analysis of the submittals
for the Permit Renewal Application and
Permit Renewal Submittal sections has
found that these changes are consistent
with the CAA, 40 CFR Part 51 and EPA
policies. Therefore, EPA is taking a
direct final action to approve the
revision and recodification of section
116.311(c) to the new section 116.315
rules submitted on December 15, 1995,
July 22, 1998, September 4, 2002,
September 25, 2003 and May 30, 2008.
We are publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
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anticipate no relevant 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.
This rule will be effective on May 10,
2010 without further notice unless we
receive relevant adverse comment by
April 12, 2010. 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
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
now. 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.
III. EPA’s Evaluation
A. What Did Texas Submit for the
Permit Renewal Application Section?
The provisions for 30 TAC 116.311—
Permit Renewal Application were
submitted to EPA on August 31, 1993
and April 29, 1994. EPA approved the
submitted revisions on March 10, 2006
(71 FR 12285) and became effective on
May 9, 2006. Since EPA’s last approval
for this section, TCEQ has submitted
three SIP revisions to EPA for the Permit
Renewal Application section on
December 15, 1995, July 22, 1998 and
September 4, 2002. The SIP revisions
submitted to EPA on December 15, 1995
and July 22, 1998 are superseded by the
SIP revision submitted September 4,
2002. The September 4, 2002 SIP
submittal also includes several revisions
that remain under review and will not
be addressed in this action. However,
with this action, we are approving the
recodification and revision of the
existing provisions of section 116.311(c)
to a new section 116.315—Permit
Renewal Submittal.
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B. What Is EPA’s Evaluation of the
Permit Renewal Application Revisions?
The SIP revisions for section
116.311—Permit Renewal Application
revise and recodify the existing
provisions. The revisions approved with
this action are described below:
• Subsections (d) and (e): The
provisions in subsections (d) and (e) are
currently approved as subsection (c).
The 1995 and 1998 SIP revisions
reorganized these provisions as
subparagraphs (d) and (e) and made
non-substantive changes. In the
September 4, 2002, SIP submittal; these
provisions were recodified into a new
30 TAC 116.315(a) and (b).
C. What Did Texas Submit for the
Permit Renewal Submittal?
Revisions to the Permit Renewal
Submittal were submitted to EPA on
September 25, 2003 and included
several non-substantive changes.
However, as a result of the passage of
the Texas Senate Bill 1673 (SB 1673),
80th Legislature, 2007 on May 30, 2008,
TCEQ submitted to EPA changes to the
Permit Renewal Section to revise and
recodify this section’s provisions.
D. What Is EPA’s Evaluation of the
Permit Renewal Submittal Revisions?
Section 116.315—Permit Renewal
Submittal allows the Commission to
process a renewal application at the
same time as an amendment for a
preconstruction permit, provided the
amendment application is filed not
more than three years before the date
the permit is scheduled to expire and is
subject to public notice requirements.
The revisions approved with this action
are described below:
• Subsection (a): This subsection is
currently approved as 30 TAC 116.311
(c). Subsection (c) was recodified and
reorganized as 30 TAC 116.311(d) and
(e), submitted December 15, 1995 and
July 22, 1998, with revisions, which
EPA has not yet approved. On
September 4, 2002, Texas recodified 30
TAC 116.311(d) and (e) as 30 TAC
116.315(a) and (b) with non-substantive
changes. In the September 25, 2003
submittal, Texas changed the date for
submitting a renewal application from
90 days prior to the permit expiration
date to no earlier than 18 months prior
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to the expiration of the permit
expiration date. In the May 30, 2008
submittal, Texas revised the first
sentence of subsection (a) to provide
that the provisions apply, except as
provided in subsection (b) and (c).
EPA’s technical review has found that
this change is an improvement of the
existing requirements. Therefore, we are
approving the revisions to subsection
(a).
• Subsection (b): In the September 4,
2002, submittal, the last sentence of
subsection (a) was replaced with a new
subsection (b) which provides that with
approval of the Executive Director, an
application for renewal may be
submitted after the time period in
subsection (a). This revised provision is
broader than the current SIP provisions
and is beyond the current CAA
requirements and EPA NSR
requirements. Therefore, by approving
this revision into the SIP, the existing
rule language will be clarified and
enhanced.
• Subsection (c): This new
subsection, submitted May 30, 2008,
provides that a renewal application with
appropriate fee may be submitted at the
same time as an amendment application
to modify an existing facility as long as
it is submitted not more than three years
before the permit’s expiration date and
the amendment is subject to public
notice requirements under Texas Health
Code, section 382.056, Notice of Intent
to Obtain Permit or Permit Review;
Hearing. The Texas public participation
and air permit rules may be found in 30
TAC Chapter 39 and 30 TAC 101,
respectively, and are severable from the
section 116.315 provisions. Because the
revisions to this section affect the timing
of permit renewals and do not change
the requirements for public notice and
permit fees, EPA is approving this
change.
• Subsection (d): This was initially
submitted as subsection (b) on
September 4, 2002. This subsection was
recodified as subsection (c) in the
September 25, 2003, submittal, then
recodified to subsection (d) in the May
8, 2008 submittal. Other than the two
recodifications, no changes were made.
The recodification of subsection (d) is a
non-substantial change; therefore, EPA
is approving this revision.
IV. Final Action
EPA is taking direct final action to
approve severable portions of revisions
to the SIP Texas submitted on December
15, 1995, July 22, 1998, September 4,
2002, September 25, 2003, and May 30,
2008. We have determined that the
revised rules clarify and enhance the
existing SIP.
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Within the TSD, several sections of
these SIP submittals are identified as
being included in this action. Sections
116.115, 116.120 and 116.315 are
currently under review and EPA will act
on these revisions separately. The
remaining sections have been addressed
by EPA in prior separate actions.
V. 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, 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
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methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. section 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 May 10, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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: March 2, 2010.
Al Armendariz,
Regional Administrator, Region 6.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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a. By revising the entry for Section
116.311, Permit Renewal Application;
and
■ b. Immediately following the entry for
Section 116.314, Review Schedule, by
adding a new entry for Section 116.315,
Permit Renewal Submittal.
■
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended under Chapter
116, Subchapter D, as follows:
■
The revision and addition read as
follows:
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal
date
Title/subject
*
EPA approval date
*
*
Explanation
*
*
*
Chapter 116—Control of Air Pollution by Permits for New Construction or Modification
*
*
*
*
*
*
*
*
*
*
Subchapter D—Permit Renewals
*
*
Section 116.311 .........
*
*
Permit Renewal Application.
*
Section 116.315 .........
*
Permit Renewal Submittal.
*
5/7/2008
44 CFR Part 67
[Docket ID FEMA–2010–0003]
Final Flood Elevation Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
Jkt 220001
*
*
*
*
*
March 11, 2010 [Insert
FR page number
where document begins].
*
DATES: The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
Federal Emergency Management
Agency
The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kevin C. Long, Acting Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2820.
PO 00000
Frm 00050
The SIP does not include subsection (c). The requirements of subsection (c) were added to
Section 116.315 and approved by EPA on
March 11, 2010 [Insert FR page number
where document begins].
*
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DEPARTMENT OF HOMELAND
SECURITY
16:21 Mar 10, 2010
3/10/2006, 71 FR 12285
*
*
BILLING CODE 6560–50–P
jlentini on DSKJ8SOYB1PROD with RULES
4/6/1994
*
[FR Doc. 2010–5240 Filed 3–10–10; 8:45 am]
VerDate Nov<24>2008
*
Fmt 4700
Sfmt 4700
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11MRR1.SGM
11MRR1
]]>Agencies
[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Rules and Regulations]
[Pages 11464-11468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5240]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0192; FRL-9125-9]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Chapter 116 Which Relate to the Permit Renewal Application
and Permit Renewal Submittal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking a direct final action to approve revisions to
the applicable State Implementation Plan (SIP) for the State of Texas
which relate to the Permit Renewal Application and Permit Renewal
Submittal regulations. These portions of the SIP revisions approved
today would address requirements related to the timeline for the
submittal of an application for permit renewal. EPA finds that these
changes to the Texas SIP comply with the Federal Clean Air Act (the Act
or CAA) and EPA regulations, are consistent with EPA policies, and will
improve air quality. This action is being proposed under section 110
and parts C and D of the Act.
DATES: This direct final rule is effective on May 10, 2010 without
further notice, unless EPA receives relevant adverse comment by April
12, 2010. 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 Docket ID No. EPA-R06-
OAR-2008-0192 by one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov:
Follow the on-line instructions for submitting comments.
(2) E-mail: Mr. Jeff Robinson at robinson.jeffrey@epa.gov. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
(3) U.S. EPA Region 6 ``Contact Us'' Web site:
http:[sol][sol]epa.gov/region6/r6coment.htm. Please click on ``6PD''
(Multimedia) and select ``Air'' before submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number 214-665-6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(6) Hand or Courier Delivery: Mr. Jeff Robinson, 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 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2008-0192. 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:[sol][sol]www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through
http:[sol][sol]www.regulations.gov or e-mail. The
http:[sol][sol]www.regulations.gov Web site is an ``anonymous access''
system, which means that 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
http:[sol][sol]www.regulations.gov your e-mail address will be
[[Page 11465]]
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, 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 docket are listed in the
http:[sol][sol]www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http:[sol][sol]www.regulations.gov or in hard copy 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 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 submittals, which are part of the EPA docket, are also
available for public inspection at the State Air Agency 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: Ms. Melanie Magee, Air Permits Section
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7161; fax
number (214) 665-6762; e-mail address magee.melanie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. The State's Submittals
II. What Action Is EPA Taking?
III. EPA's Evaluation
A. What Did Texas Submit for the Permit Renewal Application
Section?
B. What Is EPA's Evaluation of the Permit Renewal Application
Revisions?
C. What Did Texas Submit for the Permit Renewal Submittal?
D. What Is EPA's Evaluation of the Permit Renewal Submittal
Revisions?
IV. Final Action
V. Statutory and Executive Order Reviews
I. The State's Submittals
On December 15, 1995, July 22, 1998, and September 4, 2002, the
Texas Commission on Environmental Quality (TCEQ) submitted proposed
revisions to the Texas State Implementation Plan (SIP) concerning the
Permit Renewal Application, 30 TAC Chapter 116, Subchapter D, Section
116.311--Permit Renewal Application. The December 15, 1995 and July 22,
1998 revisions were superseded and rendered moot by revisions submitted
to EPA on September 4, 2002 because they repealed the earlier versions
of the same provisions addressed in that submittal. The September 4,
2002 SIP revision recodified the existing provision of section
116.311(c) into a new section 116.315--Permit Renewal Submittal. The
SIP submittals of 30 TAC 116.311 dated July 22, 1998 and September 4,
2002 have other provisions that have not been evaluated in any prior
action and are severable from the provisions that we are approving in
this action because the revisions being addressed here are ministerial
and non-controversial in nature. Additional information related to
these SIP submittals are contained in the Technical Support Document
(TSD).
Revisions to the Permit Renewal Submittal section were submitted by
TCEQ to EPA on September 25, 2003 and May 30, 2008. The September 25,
2003 SIP submittal revisions state that an application for permit
renewal must be submitted at least six months, but no earlier than 18
months prior to the permit expiration date. Also included within the
revision is a provision for the Executive Director to approve
applications before or after this specified time period. Following the
passage of the Texas Senate Bill 1673 (SB 1673), 80th Legislature,
2007, TCEQ submitted to EPA revisions to section 116.315 on May 30,
2008 to allow the Commission to process a renewal application at the
same time as an amendment for a preconstruction permit, provided the
amendment application is filed not more than three years before the
date the permit is scheduled to expire and is subject to public notice
requirements. The revisions were adopted by the state on May 7, 2008.
With this action, we are approving these revisions and recodifications
of the Permit Renewal Section.
The table below summarizes the changes that were submitted and are
affected by this action. A summary of EPA's evaluation of each section
and the basis for this proposal is discussed in section III of this
preamble. The TSD includes a detailed evaluation of the referenced SIP
submittals.
----------------------------------------------------------------------------------------------------------------
Date Date adopted
Section Title submitted by the state Comments
----------------------------------------------------------------------------------------------------------------
30 TAC 116.311...................... Permit Renewal 12/15/95* 11/16/95* Renamed previously SIP
Application. approved Subsection
(c) to subsections
(d) and (e).
7/22/98* 6/17/98*
9/4/02 8/21/02 Removed pre-existing
non-SIP approved
subsections (d) and
(e) and recodified to
a new 30 TAC 116.315
(a) and (b).
30 TAC 116.315...................... Permit Review 9/4/02 8/21/02 Initial adoption.
Submittal.
9/25/03 8/20/03 Revised previously
recodified subsection
(a); New subsection
(b); Redesignated
former recodified
subsection (b) to
subsection (c).
[[Page 11466]]
5/30/08 5/7/08 Revised subsection
(a); New subsection
(c); Redesignated
former subsection (c)
to subsection (d).
----------------------------------------------------------------------------------------------------------------
* Because Texas Repealed and resubmitted each section under Subchapter D in its 7/22/98 submittal, our analysis
includes 12/15/95 and 7/22/98 SIP submittal together.
II. What Action Is EPA Taking?
We have evaluated the SIP submissions for consistency with the CAA,
NSR regulations for major and minor sources in 40 CFR Part 51, and the
approved Texas SIP. We have also reviewed the rules for enforceability
and legal sufficiency. In this review, we have identified that on March
10, 2006, EPA approved revisions to Title 30 of the Texas
Administrative Code (30 TAC), Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification, Section 311--Permit
Renewal Application into the Texas SIP. Since EPA's approval, Texas has
submitted three SIP revisions to section 116.311(c) on December 15,
1995, July 22, 1998 and September 4, 2002. The December 15, 1995 and
July 22, 1998 rule revisions to 116.311(c) are superseded by the
September 4, 2002 SIP submittal. Included in the September 4, 2002
revision to section 116.311, is the recodification of existing
severable provisions from section 116.311(c) to a new section 116.315--
Permit Renewal Submittal.
On September 25, 2003, TCEQ submitted to EPA changes to the new
section 116.315. As a result of the passage of the Texas Senate Bill
1673 (SB 1673), 80th Legislature, 2007, TCEQ submitted additional
revisions to section 116.315 on May 30, 2008. The revisions include
provisions allowing the Commission to process a renewal application at
the same time as an amendment for a preconstruction permit, provided
the amendment application is filed not more than three years before the
date the permit is scheduled to expire and are subject to public notice
requirements.
A technical analysis of the submittals for the Permit Renewal
Application and Permit Renewal Submittal sections has found that these
changes are consistent with the CAA, 40 CFR Part 51 and EPA policies.
Therefore, EPA is taking a direct final action to approve the revision
and recodification of section 116.311(c) to the new section 116.315
rules submitted on December 15, 1995, July 22, 1998, September 4, 2002,
September 25, 2003 and May 30, 2008.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant 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. This rule will be effective on May 10, 2010
without further notice unless we receive relevant adverse comment by
April 12, 2010. 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 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 now. 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.
III. EPA's Evaluation
A. What Did Texas Submit for the Permit Renewal Application Section?
The provisions for 30 TAC 116.311--Permit Renewal Application were
submitted to EPA on August 31, 1993 and April 29, 1994. EPA approved
the submitted revisions on March 10, 2006 (71 FR 12285) and became
effective on May 9, 2006. Since EPA's last approval for this section,
TCEQ has submitted three SIP revisions to EPA for the Permit Renewal
Application section on December 15, 1995, July 22, 1998 and September
4, 2002. The SIP revisions submitted to EPA on December 15, 1995 and
July 22, 1998 are superseded by the SIP revision submitted September 4,
2002. The September 4, 2002 SIP submittal also includes several
revisions that remain under review and will not be addressed in this
action. However, with this action, we are approving the recodification
and revision of the existing provisions of section 116.311(c) to a new
section 116.315--Permit Renewal Submittal.
B. What Is EPA's Evaluation of the Permit Renewal Application
Revisions?
The SIP revisions for section 116.311--Permit Renewal Application
revise and recodify the existing provisions. The revisions approved
with this action are described below:
Subsections (d) and (e): The provisions in subsections (d)
and (e) are currently approved as subsection (c). The 1995 and 1998 SIP
revisions reorganized these provisions as subparagraphs (d) and (e) and
made non-substantive changes. In the September 4, 2002, SIP submittal;
these provisions were recodified into a new 30 TAC 116.315(a) and (b).
C. What Did Texas Submit for the Permit Renewal Submittal?
Revisions to the Permit Renewal Submittal were submitted to EPA on
September 25, 2003 and included several non-substantive changes.
However, as a result of the passage of the Texas Senate Bill 1673 (SB
1673), 80th Legislature, 2007 on May 30, 2008, TCEQ submitted to EPA
changes to the Permit Renewal Section to revise and recodify this
section's provisions.
D. What Is EPA's Evaluation of the Permit Renewal Submittal Revisions?
Section 116.315--Permit Renewal Submittal allows the Commission to
process a renewal application at the same time as an amendment for a
preconstruction permit, provided the amendment application is filed not
more than three years before the date the permit is scheduled to expire
and is subject to public notice requirements. The revisions approved
with this action are described below:
Subsection (a): This subsection is currently approved as
30 TAC 116.311 (c). Subsection (c) was recodified and reorganized as 30
TAC 116.311(d) and (e), submitted December 15, 1995 and July 22, 1998,
with revisions, which EPA has not yet approved. On September 4, 2002,
Texas recodified 30 TAC 116.311(d) and (e) as 30 TAC 116.315(a) and (b)
with non-substantive changes. In the September 25, 2003 submittal,
Texas changed the date for submitting a renewal application from 90
days prior to the permit expiration date to no earlier than 18 months
prior
[[Page 11467]]
to the expiration of the permit expiration date. In the May 30, 2008
submittal, Texas revised the first sentence of subsection (a) to
provide that the provisions apply, except as provided in subsection (b)
and (c). EPA's technical review has found that this change is an
improvement of the existing requirements. Therefore, we are approving
the revisions to subsection (a).
Subsection (b): In the September 4, 2002, submittal, the
last sentence of subsection (a) was replaced with a new subsection (b)
which provides that with approval of the Executive Director, an
application for renewal may be submitted after the time period in
subsection (a). This revised provision is broader than the current SIP
provisions and is beyond the current CAA requirements and EPA NSR
requirements. Therefore, by approving this revision into the SIP, the
existing rule language will be clarified and enhanced.
Subsection (c): This new subsection, submitted May 30,
2008, provides that a renewal application with appropriate fee may be
submitted at the same time as an amendment application to modify an
existing facility as long as it is submitted not more than three years
before the permit's expiration date and the amendment is subject to
public notice requirements under Texas Health Code, section 382.056,
Notice of Intent to Obtain Permit or Permit Review; Hearing. The Texas
public participation and air permit rules may be found in 30 TAC
Chapter 39 and 30 TAC 101, respectively, and are severable from the
section 116.315 provisions. Because the revisions to this section
affect the timing of permit renewals and do not change the requirements
for public notice and permit fees, EPA is approving this change.
Subsection (d): This was initially submitted as subsection
(b) on September 4, 2002. This subsection was recodified as subsection
(c) in the September 25, 2003, submittal, then recodified to subsection
(d) in the May 8, 2008 submittal. Other than the two recodifications,
no changes were made. The recodification of subsection (d) is a non-
substantial change; therefore, EPA is approving this revision.
IV. Final Action
EPA is taking direct final action to approve severable portions of
revisions to the SIP Texas submitted on December 15, 1995, July 22,
1998, September 4, 2002, September 25, 2003, and May 30, 2008. We have
determined that the revised rules clarify and enhance the existing SIP.
Within the TSD, several sections of these SIP submittals are
identified as being included in this action. Sections 116.115, 116.120
and 116.315 are currently under review and EPA will act on these
revisions separately. The remaining sections have been addressed by EPA
in prior separate actions.
V. 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. section 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 May 10, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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: March 2, 2010.
Al Armendariz,
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.
[[Page 11468]]
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 116, Subchapter D, as follows:
0
a. By revising the entry for Section 116.311, Permit Renewal
Application; and
0
b. Immediately following the entry for Section 116.314, Review
Schedule, by adding a new entry for Section 116.315, Permit Renewal
Submittal.
The revision and addition 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 116--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter D--Permit Renewals
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 116.311............... Permit Renewal 4/6/1994 3/10/2006, 71 FR The SIP does not
Application. 12285. include subsection
(c). The requirements
of subsection (c) were
added to Section
116.315 and approved
by EPA on March 11,
2010 [Insert FR page
number where document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 116.315............... Permit Renewal 5/7/2008 March 11, 2010 .......................
Submittal. [Insert FR page
number where
document begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-5240 Filed 3-10-10; 8:45 am]
BILLING CODE 6560-50-P
