Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to the Discrete Emission Credit Banking and Trading Program, 27644-27647 [2010-11681]
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27644
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
The latter action established an effective
date of May 18, 2010. On the same day
as the first action delaying the
effectiveness of the NSR Aggregation
Amendments, the EPA convened a
proceeding for reconsideration in
response to a petition from the Natural
Resources Defense Council (NRDC).1 See
74 FR 7193 (February 13, 2009). In
addition to filing a petition for
reconsideration with EPA, NRDC also
filed a petition for review of the NSR
Aggregation Amendments in Federal
Court.2
On April 15, 2010, we published in
the Federal Register a notice soliciting
comments on the NRDC petition for
reconsideration (75 FR 19567). In that
notice, we solicited comment on
revoking the NSR Aggregation
Amendments and reverting to our
policies on aggregation as they existed
prior to the Amendments. We requested
comment on whether the NSR
Aggregation Amendments are
inconsistent with the statute and key
legal precedent, do not properly resolve
the relevant policy issues, raise
implementation concerns, and
otherwise do not sufficiently clarify our
aggregation policy to justify abandoning
our prior policy. Additionally, we
proposed to further delay the effective
date for the NSR Aggregation
Amendments beyond May 18, 2010.
Under section 705 of the APA, ‘‘an
agency * * * may postpone the
effective date of [an] action taken by it
pending judicial review.’’ The provision
requires that the agency find that justice
requires postponing the action, that the
action not have gone into effect, and
that litigation be pending. As described
above, the latter two requirements
plainly are met. We find that justice
requires postponing the effectiveness of
the NSR Aggregation Amendments
because allowing the rule to become
effective when the Agency has
expressed serious concerns about its
viability and policy soundness would
lead to confusion in the regulated
community and the public as well as
create difficulties for implementing
agencies administering the program.
We also note that the comment period
for the April 15, 2010 notice ends on
May 17, 2010. We would not be able to
review and respond to comments on
that notice before the NSR Aggregation
Amendments would become effective
on May 18, 2010. The failure to
complete the reconsideration or the
proposed delay in the effective date
would result in the confusion and
1 John
Walke, Natural Resources Defense Council,
EPA–HQ–OAR–2003–0064–0116.1.
2 NRDC v. EPA, No. 09–1103 (DC Cir.).
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difficulties noted above. Therefore, we
find that justice requires postponing the
effectiveness of the NSR Aggregation
Amendments in order to allow for
proper evaluation of the comments on
the April 15, 2010 notice.
II. Issuance of a Stay and Delay of
Effective Date
Pursuant to section 705 of the APA,
the EPA hereby postpones the
effectiveness of the NSR Aggregation
Amendments until resolution of the
proceeding for judicial review of this
rule or the completion of the
reconsideration process. By this action,
we are delaying the effective date of FR
Doc. E9–815, published in the Federal
Register on January 15, 2009 (74 FR
2376). This delay of effectiveness will
remain in place until judicial review is
no longer pending or EPA completes the
reconsideration process.
List of Subjects
40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Aggregation, Air pollution control,
Baseline emissions, Intergovernmental
relations, Major modifications,
Reporting and recordkeeping
requirements.
40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Aggregation, Air pollution control,
Baseline emissions, Intergovernmental
relations, Major modifications,
Reporting and recordkeeping
requirements.
Dated: May 6, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010–11299 Filed 5–17–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0148; FRL–9151–6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions to the Discrete Emission
Credit Banking and Trading Program
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving severable
portions of two revisions to the Texas
State Implementation Plan (SIP)
submitted by the State of Texas on
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October 24, 2006, and August 16, 2007.
These revisions amend existing sections
and create a new section in Title 30 of
the Texas Administrative Code (TAC),
Chapter 101—General Air Quality
Rules, Subchapter H—Emissions
Banking and Trading, Division 4—
Discrete Emission Credit Banking and
Trading, referred to elsewhere in this
notice as the Discrete Emission
Reduction Credit (DERC) Program. The
October 24, 2006, submittal creates a
new section for international emission
reduction provisions and amends
existing sections to prohibit the
generation and use of DERCs from
shutdown activities and further clarify
procedures for using emission protocols.
The August 16, 2007, submittal amends
two sections of the DERC program to
update cross-references to recently
recodified 30 TAC Chapter 117
provisions. Additionally, EPA finds that
the Texas Commission on
Environmental Quality (TCEQ) has
satisfied all elements of our September
6, 2006, final conditional approval of
the DERC program with the submittal of
the October 24, 2006, SIP submittal; and
as such, the DERC program conditional
approval is converted to a full approval.
EPA has determined that these SIP
revisions comply with the Clean Air Act
and EPA regulations, are consistent with
EPA policies, and will improve air
quality. This action is being taken under
section 110 and parts C and D of the
Federal Clean Air Act (the Act or CAA).
DATES: This final rule will be effective
June 17, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2010–0148. 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 Planning Section (6PD–L),
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
214–665–7253 to make an appointment.
If possible, please make the
E:\FR\FM\18MYR1.SGM
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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
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 related to this SIP
revision, and which is part of the EPA
docket, is also available for public
inspection at the State Air 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: If
you have questions concerning today’s
final rule, please contact Ms. Adina
Wiley (6PD–R), Air Permits Section,
Environmental Protection Agency,
Region 6, 1445 Ross Avenue (6PD–R),
Suite 1200, Dallas, TX 75202–2733. The
telephone number is (214) 665–2115.
Ms. Wiley can also be reached via
electronic mail at wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the
EPA.
Table of Contents
hsrobinson on DSK69SOYB1PROD with RULES
I. What final action is EPA taking?
II. What is the background for this action?
III. What are EPA’s responses to comments
received on the proposed action?
IV. Statutory and Executive Order Reviews
I. What final action is EPA taking?
We are fully approving severable
portions of two revisions to the Texas
SIP submitted by the TCEQ on October
24, 2006, and August 16, 2007, specific
to the DERC Program. The revisions we
are approving amend existing sections
and create a new section in the DERC
Program at Title 30 of the Texas
Administrative Code (TAC), Chapter
101—General Air Quality Rules,
Subchapter H—Emissions Banking and
Trading, Division 4—Discrete Emission
Credit Banking and Trading. The
October 24, 2006, submittal creates a
new section for international emission
reduction provisions and amends
existing sections to prohibit the
generation and use of discrete emission
reduction credits from shutdown
activities and further clarify procedures
for using emission protocols.
Additionally, EPA finds that the TCEQ
has satisfied all elements of our
September 6, 2006, final conditional
approval of the DERC program with the
submittal of the October 24, 2006, SIP
submittal; and as such, the DERC
program conditional approval is
converted to full SIP approval. The
severable portions of the August 16,
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2007, submittal that we are approving
non-substantively revise the DERC
Program to correctly update the crossreferences to the stationary source
nitrogen oxide (NOX) rules found in the
Texas SIP at 30 TAC Chapter 117 as a
result of the non-substantive
recodification of Chapter 117 approved
by EPA as part of the Texas SIP on
December 3, 2008 (see 73 FR 73562).
Additionally, in both the October 24,
2006, and August 16, 2007, SIP
submittals TCEQ has made several nonsubstantive revisions to update grammar
and document style. Consequently, we
are approving the revisions to the Texas
SIP at 30 TAC sections 101.372(a),
101.372(d), 101.372(f), 101.372(j),
101.373(a), 101.376(c)(4), and
101.378(b) and the creation of new
section 101.375 submitted on October
24, 2006. Additionally, we are
approving revisions to the Texas SIP at
30 TAC sections 101.372(d) and
101.376(d) submitted on August 16,
2007, by the TCEQ.
EPA proposed the above action on
March 30, 2010, at 75 FR 15648–15655.
Today, we are approving the DERC
program revisions as proposed and find
that they comply with the CAA and EPA
regulations, are consistent with EPA
policies, and will improve air quality.
This final approval is being taken under
parts C and D of the CAA.
In a separate rulemaking, EPA is
approving the severable Emission Credit
Banking and Trading Program (referred
to elsewhere in this notice as the
Emission Reduction Credit (ERC)
Program) revisions at 30 TAC sections
101.302, 101.305, and 101.306
submitted on October 24, 2006, and 30
TAC sections 101.302 and 101.306
submitted on August 16, 2007 (see EPA–
R06–OAR–2010–0417).
At this time, EPA is not taking action
on the revisions to the Emissions
Banking and Trading of Allowances
Program at 30 TAC sections 101.338 and
101.339 submitted on October 24, 2006.
EPA is also not taking action at this time
on the revisions to the general air
quality definitions at 30 TAC Section
101.1 or the revisions to the System Cap
Trading Program at 30 TAC sections
101.383, and 101.385 submitted on
August 16, 2007. These severable
revisions remain under review by EPA
and will be addressed in separate
actions.
II. What is the background for this
action?
The DERC Program, conditionally
approved by EPA on September 6, 2006,
establishes an open market trading
program to provide flexibility for
sources in complying with certain State
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27645
and Federal requirements. In an open
market trading program, a source
generates emission credits by reducing
its emissions during a discrete period of
time. These credits, called discrete
emission credits, or DECs, in the Texas
program, are quantified in units of mass.
Discrete emission credit (DEC) is a
generic term that encompasses
reductions from stationary sources
(discrete emission reduction credits, or
DERCs) and reductions from mobile
sources (mobile discrete emission
reduction credits, or MDERCs).1
Generally, discrete emission reductions
of criteria pollutants (excluding lead) or
precursors of criteria pollutants may be
banked and used as DERCs. EPA’s
September 6, 2006, final conditional
approval of the DERC program
addressed the original submission of the
program on December 23, 1997, and the
subsequent revisions on January 18,
2001; April 14, 2002; January 17, 2003;
and December 6, 2004.
Since our September 6, 2006, final
conditional approval, TCEQ has revised
the DERC program to address the
commitments of the DERC conditional
approval. Additionally, the TCEQ
adopted revisions to the DERC program
consistent with the requirements of
Senate Bill 784, adopted during regular
session, 2005, of the 79th Texas
Legislature. Senate Bill 784 allows for
greater flexibility in the generation and
use of international emission
reductions. These revisions were
adopted by the TCEQ on October 4,
2006, and became effective on October
26, 2006. The adopted regulations were
submitted to EPA as a SIP revision on
October 24, 2006. TCEQ has also
promulgated revisions to the DERC
program that update the cross-references
to the new numbering structure in 30
TAC Chapter 117. These revisions were
adopted on July 25, 2007, and became
effective on August 16, 2007. The
adopted regulations were submitted to
EPA as a SIP revision on August 16,
2007.
III. What are EPA’s responses to
comments received on the proposed
action?
EPA received no comments on our
proposed rulemaking.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
1 In this action, when we refer to the program as
the ‘‘DERC Rule’’ or the ‘‘DERC Program’’ we are
speaking of the entire Discrete Emission Credit
Banking and Trading Program, which encompasses
both DERCs and MDERCs.
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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
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. 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 July 19, 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
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
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental Relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: April 30, 2010.
Lawrence E. Starfield,
Acting 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.
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ under Chapter 101 is
amended by:
■ a. Revising the entries for Sections
101.372, 101.373, 101.376, and 101.378
under Subchapter H—Emissions
Banking and Trading, Division 4—
Discrete Emission Credit Banking and
Trading.
■ b. Adding an entry for Section
101.375 under Subchapter H—
Emissions Banking and Trading,
Division 4—Discrete Emission Credit
Banking and Trading, in numerical
order.
The revisions and additions 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 101—General Air Quality Rules
*
*
*
*
*
*
*
*
*
hsrobinson on DSK69SOYB1PROD with RULES
Subchapter H—Emissions Banking and Trading
*
*
*
*
*
Division 4—Discrete Emission Credit Banking and Trading
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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
27647
EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
*
State approval/submittal date
Title/subject
*
*
EPA approval date
*
*
Section 101.372 ........
General Provisions .....................
7/25/2007
Section 101.373 ........
Discrete Emission Reduction
Credit Generation and Certification.
10/4/2006
*
*
Section 101.375 ........
Section 101.376 ........
Section 101.378 ........
*
*
Discrete Emission Credit Banking and Trading.
10/4/2006
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0147; FRL–9151–5]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions to the Emission Credit
Banking and Trading Program
hsrobinson on DSK69SOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving severable
portions of two revisions to the Texas
State Implementation Plan (SIP)
submitted by the State of Texas on
October 24, 2006, and August 16, 2007.
These revisions amend existing sections
and create a new section in Title 30 of
the Texas Administrative Code (TAC),
Chapter 101—General Air Quality
Rules, Subchapter H—Emissions
Banking and Trading, Division 1—
Emission Credit Banking and Trading,
referred to elsewhere in this notice as
the Emission Reduction Credit (ERC)
Program. The October 24, 2006,
submittal creates a new section for
international emission reduction
provisions and amends existing sections
to further clarify procedures for using
emission protocols and to update the
approved list of emission credit uses.
The August 16, 2007, submittal amends
two sections of the ERC program to
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7/25/2007
Frm 00017
*
*
update cross-references to recently
recodified 30 TAC Chapter 117
provisions. EPA has determined that
these SIP revisions comply with the
Clean Air Act and EPA regulations, are
consistent with EPA policies, and will
improve air quality. This action is being
taken under section 110 and parts C and
D of the Federal Clean Air Act (the Act
or CAA).
DATES: This final rule will be effective
June 17, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2010–0147. 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 Planning Section (6PD–L),
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
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
PO 00000
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*
*
5/18/2010 [Insert FR page number where document begins].
5/18/2010 [Insert FR page number where document begins].
5/18/2010 [Insert FR page number where document begins].
*
[FR Doc. 2010–11681 Filed 5–17–10; 8:45 am]
VerDate Mar<15>2010
*
10/4/2006
*
*
5/18/2010 [Insert FR page number where document begins].
5/18/2010 [Insert FR page number where document begins].
*
Emission Reductions Achieved
Outside the United States.
Discrete Emission Credit Use ....
Explanation
Sfmt 4700
*
*
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 related to this SIP
revision, and which is part of the EPA
docket, is also available for public
inspection at the State Air 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: If
you have questions concerning today’s
final rule, please contact Ms. Adina
Wiley (6PD–R), Air Permits Section,
Environmental Protection Agency,
Region 6, 1445 Ross Avenue (6PD–R),
Suite 1200, Dallas, TX 75202–2733. The
telephone number is (214) 665–2115.
Ms. Wiley can also be reached via
electronic mail at wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the
EPA.
Table of Contents
I. What final action is EPA taking?
II. What is the background for this action?
III. What are EPA’s responses to comments
received on the proposed action?
IV. Statutory and Executive Order Reviews
I. What final action is EPA taking?
We are fully approving severable
portions of two revisions to the Texas
SIP submitted by the Texas Commission
on Environmental Quality (TCEQ) on
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]]>Agencies
[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Rules and Regulations]
[Pages 27644-27647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11681]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0148; FRL-9151-6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions to the Discrete Emission Credit Banking and Trading
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving severable portions of two revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
on October 24, 2006, and August 16, 2007. These revisions amend
existing sections and create a new section in Title 30 of the Texas
Administrative Code (TAC), Chapter 101--General Air Quality Rules,
Subchapter H--Emissions Banking and Trading, Division 4--Discrete
Emission Credit Banking and Trading, referred to elsewhere in this
notice as the Discrete Emission Reduction Credit (DERC) Program. The
October 24, 2006, submittal creates a new section for international
emission reduction provisions and amends existing sections to prohibit
the generation and use of DERCs from shutdown activities and further
clarify procedures for using emission protocols. The August 16, 2007,
submittal amends two sections of the DERC program to update cross-
references to recently recodified 30 TAC Chapter 117 provisions.
Additionally, EPA finds that the Texas Commission on Environmental
Quality (TCEQ) has satisfied all elements of our September 6, 2006,
final conditional approval of the DERC program with the submittal of
the October 24, 2006, SIP submittal; and as such, the DERC program
conditional approval is converted to a full approval. EPA has
determined that these SIP revisions comply with the Clean Air Act and
EPA regulations, are consistent with EPA policies, and will improve air
quality. This action is being taken under section 110 and parts C and D
of the Federal Clean Air Act (the Act or CAA).
DATES: This final rule will be effective June 17, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2010-0148. 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
Planning Section (6PD-L), 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 214-665-7253
to make an appointment. If possible, please make the
[[Page 27645]]
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 related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air 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: If you have questions concerning
today's final rule, please contact Ms. Adina Wiley (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-2115. Ms. Wiley can also be reached via electronic mail at
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.
Table of Contents
I. What final action is EPA taking?
II. What is the background for this action?
III. What are EPA's responses to comments received on the proposed
action?
IV. Statutory and Executive Order Reviews
I. What final action is EPA taking?
We are fully approving severable portions of two revisions to the
Texas SIP submitted by the TCEQ on October 24, 2006, and August 16,
2007, specific to the DERC Program. The revisions we are approving
amend existing sections and create a new section in the DERC Program at
Title 30 of the Texas Administrative Code (TAC), Chapter 101--General
Air Quality Rules, Subchapter H--Emissions Banking and Trading,
Division 4--Discrete Emission Credit Banking and Trading. The October
24, 2006, submittal creates a new section for international emission
reduction provisions and amends existing sections to prohibit the
generation and use of discrete emission reduction credits from shutdown
activities and further clarify procedures for using emission protocols.
Additionally, EPA finds that the TCEQ has satisfied all elements of our
September 6, 2006, final conditional approval of the DERC program with
the submittal of the October 24, 2006, SIP submittal; and as such, the
DERC program conditional approval is converted to full SIP approval.
The severable portions of the August 16, 2007, submittal that we are
approving non-substantively revise the DERC Program to correctly update
the cross-references to the stationary source nitrogen oxide (NOX)
rules found in the Texas SIP at 30 TAC Chapter 117 as a result of the
non-substantive recodification of Chapter 117 approved by EPA as part
of the Texas SIP on December 3, 2008 (see 73 FR 73562). Additionally,
in both the October 24, 2006, and August 16, 2007, SIP submittals TCEQ
has made several non-substantive revisions to update grammar and
document style. Consequently, we are approving the revisions to the
Texas SIP at 30 TAC sections 101.372(a), 101.372(d), 101.372(f),
101.372(j), 101.373(a), 101.376(c)(4), and 101.378(b) and the creation
of new section 101.375 submitted on October 24, 2006. Additionally, we
are approving revisions to the Texas SIP at 30 TAC sections 101.372(d)
and 101.376(d) submitted on August 16, 2007, by the TCEQ.
EPA proposed the above action on March 30, 2010, at 75 FR 15648-
15655. Today, we are approving the DERC program revisions as proposed
and find that they comply with the CAA and EPA regulations, are
consistent with EPA policies, and will improve air quality. This final
approval is being taken under parts C and D of the CAA.
In a separate rulemaking, EPA is approving the severable Emission
Credit Banking and Trading Program (referred to elsewhere in this
notice as the Emission Reduction Credit (ERC) Program) revisions at 30
TAC sections 101.302, 101.305, and 101.306 submitted on October 24,
2006, and 30 TAC sections 101.302 and 101.306 submitted on August 16,
2007 (see EPA-R06-OAR-2010-0417).
At this time, EPA is not taking action on the revisions to the
Emissions Banking and Trading of Allowances Program at 30 TAC sections
101.338 and 101.339 submitted on October 24, 2006. EPA is also not
taking action at this time on the revisions to the general air quality
definitions at 30 TAC Section 101.1 or the revisions to the System Cap
Trading Program at 30 TAC sections 101.383, and 101.385 submitted on
August 16, 2007. These severable revisions remain under review by EPA
and will be addressed in separate actions.
II. What is the background for this action?
The DERC Program, conditionally approved by EPA on September 6,
2006, establishes an open market trading program to provide flexibility
for sources in complying with certain State and Federal requirements.
In an open market trading program, a source generates emission credits
by reducing its emissions during a discrete period of time. These
credits, called discrete emission credits, or DECs, in the Texas
program, are quantified in units of mass. Discrete emission credit
(DEC) is a generic term that encompasses reductions from stationary
sources (discrete emission reduction credits, or DERCs) and reductions
from mobile sources (mobile discrete emission reduction credits, or
MDERCs).\1\ Generally, discrete emission reductions of criteria
pollutants (excluding lead) or precursors of criteria pollutants may be
banked and used as DERCs. EPA's September 6, 2006, final conditional
approval of the DERC program addressed the original submission of the
program on December 23, 1997, and the subsequent revisions on January
18, 2001; April 14, 2002; January 17, 2003; and December 6, 2004.
---------------------------------------------------------------------------
\1\ In this action, when we refer to the program as the ``DERC
Rule'' or the ``DERC Program'' we are speaking of the entire
Discrete Emission Credit Banking and Trading Program, which
encompasses both DERCs and MDERCs.
---------------------------------------------------------------------------
Since our September 6, 2006, final conditional approval, TCEQ has
revised the DERC program to address the commitments of the DERC
conditional approval. Additionally, the TCEQ adopted revisions to the
DERC program consistent with the requirements of Senate Bill 784,
adopted during regular session, 2005, of the 79th Texas Legislature.
Senate Bill 784 allows for greater flexibility in the generation and
use of international emission reductions. These revisions were adopted
by the TCEQ on October 4, 2006, and became effective on October 26,
2006. The adopted regulations were submitted to EPA as a SIP revision
on October 24, 2006. TCEQ has also promulgated revisions to the DERC
program that update the cross-references to the new numbering structure
in 30 TAC Chapter 117. These revisions were adopted on July 25, 2007,
and became effective on August 16, 2007. The adopted regulations were
submitted to EPA as a SIP revision on August 16, 2007.
III. What are EPA's responses to comments received on the proposed
action?
EPA received no comments on our proposed rulemaking.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the
[[Page 27646]]
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. 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 July 19, 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, Incorporation by
reference, Intergovernmental Relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: April 30, 2010.
Lawrence E. Starfield,
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'' under Chapter 101 is amended by:
0
a. Revising the entries for Sections 101.372, 101.373, 101.376, and
101.378 under Subchapter H--Emissions Banking and Trading, Division 4--
Discrete Emission Credit Banking and Trading.
0
b. Adding an entry for Section 101.375 under Subchapter H--Emissions
Banking and Trading, Division 4--Discrete Emission Credit Banking and
Trading, in numerical order.
The revisions and additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Emissions Banking and Trading
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 4--Discrete Emission Credit Banking and Trading
----------------------------------------------------------------------------------------------------------------
[[Page 27647]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 101.372................ General Provisions. 7/25/2007 5/18/2010 [Insert FR ....................
page number where
document begins].
Section 101.373................ Discrete Emission 10/4/2006 5/18/2010 [Insert FR ....................
Reduction Credit page number where
Generation and document begins].
Certification.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 101.375................ Emission Reductions 10/4/2006 5/18/2010 [Insert FR ....................
Achieved Outside page number where
the United States. document begins].
Section 101.376................ Discrete Emission 7/25/2007 5/18/2010 [Insert FR ....................
Credit Use. page number where
document begins].
Section 101.378................ Discrete Emission 10/4/2006 5/18/2010 [Insert FR ....................
Credit Banking and page number where
Trading. document begins].
* * * * * * *
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[FR Doc. 2010-11681 Filed 5-17-10; 8:45 am]
BILLING CODE 6560-50-P
