Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule, 82365-82370 [2010-32785]
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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules
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for determining the VOC concentration
of the exhaust stream and the VOC
content of the fountain solution and
cleaning solution. This rule includes
methods to determine the vapor
pressure of the cleaning solution. The
rule also includes monitoring and
recordkeeping requirements to ensure
that the control systems are operating
properly, to establish whether the VOC
content of the cleaning solution and
fountain solution are in compliance
with the applicable limits, and to
establish whether an offset lithographic
or letterpress printing facility is subject
to one or more of the control
requirements of the rule. This rule is
consistent with the VOC control
requirements in the September 2006
EPA guidance document ‘‘Control
Techniques Guidelines for Offset
Lithographic Printing and Letterpress
Printing.’’ The Control Technique
Guideline documents were required to
be established by the CAA and establish
RACT for their respective source
categories. In addition, the
recordkeeping and other provisions
result in enforceable control
requirements.
Discussion of Rule Revisions
The rule at 3745–21–22(E)(2)(a)
specifies compliance dates for offset
lithographic or letterpress printing
facilities that are achieving compliance
by using an add-on control device.
These facilities are allowed to
demonstrate compliance with an
emission test conducted prior to the
effective date of the rule if an approved
EPA test method was used, the
operation of the press(es) was consistent
with their current operating conditions
and, if requested, the test was witnessed
by the Ohio EPA. This is a reasonable
alternative which allows a printing
facility to take advantage of a well
documented test to demonstrate
compliance and is therefore approvable.
The rule at 3745–21–22(G)(3)
specifies recordkeeping requirements
for owners or operators maintaining a
recipe log for each batch of fountain
solution prepared for use in their press.
This recipe log must identify all recipes
used to prepare the as-applied fountain
solution and clearly identify the VOC
content of each concentrated alcohol
substitute added to make the fountain
solution as well as the proportions in
which the fountain solution is mixed
and the calculated VOC content of the
final, mixed recipe.
The rule at 3745–21–22(G)(4)
specifies recordkeeping requirements
for owners or operators maintaining a
recipe log for each batch of cleaning
solution prepared. This recipe log must
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identify all recipes used to prepare the
as-applied cleaning solution and clearly
identify the VOC content of each
cleaning solution or the VOC composite
partial vapor pressure. The revisions to
the recordkeeping requirements in
3745–21–22(G)(3) and 3745–21–22(G)(4)
are approvable because the resulting
records are sufficient to determine
whether complying fountain and
cleaning solutions have been used.
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.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR Part 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
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Dated: December 17, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 2010–32928 Filed 12–29–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2010–1033; FRL–9244–8]
RIN–2060–AQ66
Determinations Concerning Need for
Error Correction, Partial Approval and
Partial Disapproval, and Federal
Implementation Plan Regarding Texas
Prevention of Significant Deterioration
Program; Proposed Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to correct its
previous full approval of Texas’s Clean
Air Act (CAA) Prevention of Significant
Deterioration (PSD) program to be a
partial approval and partial disapproval
and is proposing a Federal
Implementation Plan (FIP) for Texas.
This action is based on EPA’s
determination that Texas’s PSD program
is flawed because the state did not
address how the program would apply
to all pollutants that would become
newly subject to regulation in the
future, including non-National Ambient
Air Quality Standard (NAAQS)
pollutants, among them greenhouse
gases (GHGs). The partial disapproval
requires EPA to promulgate a FIP and so
EPA is also proposing a FIP in order to
assure that GHG-emitting sources in
Texas are able to proceed with plans to
construct or expand. In the ‘‘Rules’’
section of this Federal Register, we are
taking this action including the FIP
SUMMARY:
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through an interim final rule that is
effective immediately.
DATES: Comments. Comments must be
received on or before February 12, 2011.
Public Hearing: A public hearing will
be held on January 14, 2011. Please refer
to SUPPLEMENTARY INFORMATION for
additional information on the comment
period and public hearing.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2010–1033, by one of
the following methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Attention Docket ID No. EPA–
HQ–OAR–2010–1033, U.S.
Environmental Protection Agency, EPA
West (Air Docket), 1200 Pennsylvania
Avenue, NW., Mail code: 6102T,
Washington, DC 20460. Please include a
total of 2 copies.
• Hand Delivery: U.S. Environmental
Protection Agency, EPA West (Air
Docket), 1301 Constitution Avenue,
Northwest, Room 3334, Washington, DC
20004, Attention Docket ID No. EPA–
HQ–OAR–2010–1033. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to
Docket ID No. EPA–HQ–OAR–2010–
1033. 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 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 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, avoid any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
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 U.S. Environmental Protection
Agency, Air Docket, EPA/DC, EPA West
Building, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
Public Hearing. The January 14, 2011,
public hearing will be held at Crowne
Plaza Hotel Dallas Downtown, 1015 Elm
Street, Dallas, Texas, phone: (214) 742–
5678. The public hearing will convene
at 10 a.m. and will end at 7 p.m. or until
the last registered speaker has spoken.
Please refer to SUPPLEMENTARY
INFORMATION for additional information
on the public hearing.
For
information on this proposed rule,
contact Ms. Cheryl Vetter, Air Quality
Policy Division, Office of Air Quality
Planning and Standards (C504–03),
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–4391; fax
number: (919) 541–5509; e-mail
address: vetter.cheryl@mailto:epa.gov.
If you would like to present oral
testimony at the public hearing, please
contact Ms. Pamela Long, U.S.
Environmental Protection Agency,
Office of Air Quality Planning and
Standards, Air Quality Planning
Division, (C504–03), Research Triangle
Park, NC 27711, telephone (919) 541–
0641, fax number (919) 541–5509, email address: long.pam@epa.gov
(preferred method for registering), no
later than January 12, 2011. If using email, please provide the following
information: Time you wish to speak
(morning, afternoon, evening), name,
affiliation, address, e-mail address, and
telephone and fax numbers.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The only governmental entity
potentially affected by this rule is the
State of Texas. Other entities potentially
affected by this rule also include
sources in all industry groups within
the State of Texas, which have a direct
obligation under the CAA to obtain a
PSD permit for GHGs for projects that
meet the applicability thresholds set
forth in the Tailoring Rule.1 This
independent obligation on sources is
specific to PSD and derives from CAA
section 165(a). The majority of entities
potentially affected by this action are
expected to be in the following groups:
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Industry group
NAICS a
Utilities (electric, natural gas, other systems) .......................................................................................................
Manufacturing (food, beverages, tobacco, textiles, leather) .................................................................................
Wood product, paper manufacturing .....................................................................................................................
Petroleum and coal products manufacturing .........................................................................................................
Chemical manufacturing ........................................................................................................................................
2211, 2212, 2213
311, 312, 313, 314, 315, 316
321, 322
32411, 32412, 32419
3251, 3252, 3253, 3254, 3255,
3256, 3259
3261, 3262
32552, 32592, 32591, 325182,
32551
Rubber product manufacturing ..............................................................................................................................
Miscellaneous chemical products ..........................................................................................................................
1 ‘‘Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule;’’ Final Rule.
75 FR 31514 (June 3, 2010).
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Industry group
NAICS a
Nonmetallic mineral product manufacturing ..........................................................................................................
Primary and fabricated metal manufacturing ........................................................................................................
3271, 3272, 3273, 3274, 3279
3311, 3312, 3313, 3314, 3315,
3321, 3322, 3323, 3324, 3325,
3326, 3327, 3328, 3329
3331, 3332, 3333, 3334, 3335,
3336, 3339
3341, 3342, 3343, 3344, 3345,
4446
3351, 3352, 3353, 3359
3361, 3362, 3363, 3364, 3365,
3366, 3366, 3369
3371, 3372, 3379
3391, 3399
5622, 5629
6221, 6231, 6232, 6233, 6239
8122, 8123
8141
Not available. Codes only exist
for private households, construction and leasing/sales industries.
Machinery manufacturing ......................................................................................................................................
Computer and electronic products manufacturing ................................................................................................
Electrical equipment, appliance, and component manufacturing ..........................................................................
Transportation equipment manufacturing ..............................................................................................................
Furniture and related product manufacturing ........................................................................................................
Miscellaneous manufacturing ................................................................................................................................
Waste management and remediation ...................................................................................................................
Hospitals/nursing and residential care facilities ....................................................................................................
Personal and laundry services ..............................................................................................................................
Residential/private households ..............................................................................................................................
Non-residential (commercial) .................................................................................................................................
a North
American Industry Classification System.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this
proposal will also be available on the
World Wide Web. Following signature
by the EPA Administrator, a copy of this
notice will be posted on the EPA’s NSR
Web site, under Regulations &
Standards, at https://www.epa.gov/nsr.
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C. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. Send or deliver
information identified as CBI only to the
following address: Roberto Morales,
OAQPS Document Control Officer
(C404–02), U.S. EPA, Research Triangle
Park, NC 27711, Attention Docket ID
No. EPA–HQ–OAR–2010–1033.
2. Tips for preparing your comments.
When submitting comments, remember
to:
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• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
postmarked by February 12, 2011, 30
days after the January 14, 2011 hearing.
Commenters should notify Ms. Long if
they will need specific equipment, or if
there are other special needs related to
providing comments at the hearing. The
EPA will provide equipment for
commenters to show overhead slides or
make computerized slide presentations
if we receive special requests in
advance. Oral testimony will be limited
to 5 minutes for each commenter. The
EPA encourages commenters to provide
EPA with a copy of their oral testimony
electronically (via e-mail or CD) or in
hard copy form. The hearing schedule,
including lists of speakers, will be
posted on EPA’s Web site https://
www.epa.gov/nsr. Verbatim transcripts
of the hearing and written statements
will be included in the docket for the
rulemaking. EPA will make every effort
to follow the schedule as closely as
possible on the day of the hearing;
however, please plan for the hearing to
run either ahead of schedule or behind
schedule.
D. What information should I be aware
of if I plan to attend the public hearing?
The January 14, 2011, public hearing
will provide interested parties the
opportunity to present data, views, or
arguments concerning this proposal.
The EPA may ask clarifying questions
during the oral presentations, but will
not respond to the presentations at that
time. Written statements and supporting
information submitted during the
comment period will be considered
with the same weight as oral comments
and supporting information presented at
the public hearing. Written comments
on the proposed rule must be
D. How is the preamble organized?
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The information presented in this
preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. What should I consider as I prepare my
comments for EPA?
D. How is the preamble organized?
II. Proposed Action
III. Statutory and Executive Order Reviews
A. Executive Order 12866—Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform
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E. Executive Order 13132—Federalism
F. Executive Order 13175—Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045—Protection of
Children from Environmental Health
Risks and Safety Risks
H. Executive Order 13211—Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898—Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. CAA Section 307(d)
IV. Statutory Authority
II. Proposed Action
We have published an interim final
rule in the ‘‘Rules’’ section of this
Federal Register to revise our previous
full approval of Texas’s PSD state
implementation plan (SIP) to a partial
approval and partial disapproval (the
‘‘Interim Final Rule’’), and to implement
a FIP to apply the PSD program to those
non-NAAQS pollutants to which the
Texas PSD program does not already
apply. We have explained our reasons
for this action in the preamble to that
rule. The reader is referred to the
Interim Final Rule for detailed
information on this proposed action.
We solicit comment on all aspects of
the rationale and legal basis for our
determination that the Texas PSD
program was flawed at the time we
approved and therefore that we erred in
approving it; and our approach to
correcting our error, i.e., converting our
previous full approval of the Texas PSD
SIP to a partial approval and partial
disapproval using the error correction
mechanism under CAA section
110(k)(6). This includes our finding that
the Texas PSD SIP’s failure to address,
or provide assurances of having
adequate legal authority, concerning the
application of PSD to all pollutants
newly subject to regulation, including
non-NAAQS pollutants, constitutes a
flaw that existed at the time that EPA
granted full approval of that program in
1992. This also includes our legal
authority and approach for correcting
our error in previously granting full
approval of the Texas PSD SIP,
including relying on the error correction
provisions under CAA section 110(k)(6)
and our general authority to reconsider
our actions under CAA sections 110 and
301(a). We also solicit comment on our
justification for proceeding with this
rulemaking, including promulgating and
implementing the FIP, as soon as
possible in order to provide a permitting
authority and thereby allow Texas
sources to avoid delays in construction
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and modification. Finally, EPA
specifically requests comments on the
regulatory language included in the
interim final rule. We are not soliciting
comment on, and will not address,
comments on issues addressed in what
we call the Endangerment Finding,2 the
Light-Duty Vehicle Rule,3 the Johnson
Memo Reconsideration4 and the
Tailoring Rule,5 or the 1978, 1980, or
2002 PSD rules.6 These issues include,
but are not limited to, (i) EPA’s
interpretation of the CAA as directly
applying PSD requirements to major
emitting facilities independent of any
SIP requirements, and (ii) the
applicability of PSD to non-NAAQS
pollutants.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866—Regulatory
Planning and Review
Under Executive Order (EO) 12866
(58 FR 51735, October 4, 1993), this
action is a ‘‘significant regulatory action’’
because it raises novel legal or policy
issues. Accordingly, EPA submitted this
action to the Office of Management and
Budget (OMB) for review under EO
12866 and any changes made in
response to OMB recommendations
have been documented in the docket for
this action.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The
OMB has previously approved the
information collection requirements
contained in the existing regulations for
PSD (see, e.g., 40 CFR 52.21) under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has
assigned OMB control number 2060–
0003. The OMB control numbers for
EPA’s regulations in 40 CFR are listed
in 40 CFR part 9.
2 ‘‘Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act.’’ 74 FR 66,496
(December 15, 2009).
3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission
Standards and Corporate Average Fuel Economy
Standards; Final Rule.’’ 75 FR 25,324 (May 7, 2010).
4 ‘‘Interpretation of Regulations that Determine
Pollutants Covered by Clean Air Act Permitting
Programs.’’ 75 FR 17004 (April 2, 2010). This action
finalizes EPA’s response to a petition for
reconsideration of ‘‘EPA’s Interpretation of
Regulations that Determine Pollutants Covered by
Federal Prevention of Significant Deterioration
(PSD) Permit Program’’ (commonly referred to as the
‘‘Johnson Memo’’), December 18, 2008.
5 ‘‘Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule; Final Rule.’’
75 FR 31514 (June 3, 2010).
6 67 FR 80186 (Dec. 31, 2002); 45 FR 52676 (Aug.
7, 1980); 43 FR 26380 (June 19, 1978); and 43 FR
26388 (June 19, 1978).
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this notice on small entities, small
entity is defined as: (1) A small business
that is a small industrial entity as
defined in the U.S. Small Business
Administration (SBA) size standards
(see 13 CFR 121.201); (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district, or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit enterprise that is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
Although this rule could lead to federal
permitting requirements for certain
sources in Texas, those sources are large
emitters of GHGs and tend to be large
sources. We continue to be interested in
the potential impacts of the proposed
rule on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
This rule does not contain a federal
mandate that may result in expenditures
of $100 million or more for state, local,
and tribal governments, in the aggregate,
or the private sector in any one year.
The action may impose a duty on Texas
to meet their existing obligation for PSD
SIP submittal, but with lesser
expenditures. Thus, this proposed rule
is not subject to the requirements of
sections 202 or 205 of UMRA.
This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
action applies only to Texas.
E. Executive Order 13132—Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on Texas, on the
relationship between the national
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government and Texas, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. With this
action, EPA is only proposing to revise
its previous full approval of the Texas
PSD SIP to be a partial approval and
partial disapproval to correct an error
made in granting full approval, and to
put a FIP in place in order to assure that
GHG-emitting sources in Texas are able
to proceed with plans to construct or
expand until Texas revises its SIP. Thus,
Executive Order 13132 does not apply
to this action.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and state and local governments, EPA
specifically solicits comment on this
proposed rule from state and local
officials.
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F. Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). In this action, EPA is not
addressing any tribal implementation
plans. This action is limited to Texas’s
PSD SIP. Thus, Executive Order 13175
does not apply to this action.
Although Executive Order 13175 does
not apply to this proposed rule, EPA
specifically solicits additional comment
on this proposed action from tribal
officials.
G. Executive Order 13045—Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the EO has the potential to influence the
regulation. This action is not subject to
EO 13045 because EPA is only
proposing to revise its previous full
approval of the Texas PSD SIP to be a
partial approval and partial disapproval
to correct an error made in granting full
approval, and to put a FIP in place in
order to assure that GHG-emitting
sources in Texas are able to proceed
with plans to construct or expand.
H. Executive Order 13211—Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant energy
action’’ as defined in Executive Order
13211 (66 FR 28355(May 22, 2001)),
because it is not likely to have a
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significant adverse effect on the supply,
distribution, or use of energy. With this
action, EPA is only proposing to revise
its previous full approval of the Texas
PSD SIP to be a partial approval and
partial disapproval to correct an error
made in granting full approval, and to
put a FIP in place in order to assure that
GHG-emitting sources in Texas are able
to proceed with plans to construct or
expand.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
J. Executive Order 12898—Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the U.S.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. With this action, EPA
is only proposing to revise its previous
full approval of the Texas PSD SIP to be
a partial approval and partial
disapproval to correct an error made in
granting full approval.
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82369
K. CAA section 307(d)(1)
Pursuant to section 307(d)(1)(B) and
(V) of the CAA, the Administrator
determines that this action is subject to
the provisions of section 307(d). Section
307(d)(1)(B) provides that the provisions
of section 307(d) apply to the
promulgation or a FIP by the
Administrator under CAA section 110(c)
and section 307(d)(1)(V) provides that
the provisions of section 307(d) apply to
‘‘such other actions as the Administrator
may determine.’’
IV. Statutory Authority
The statutory authority for this action
is provided by sections 101, 110, 114,
116, and 301 of the CAA as amended
(42 U.S.C. 7401, 7410, 7414, 7416, and
7601).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon dioxide,
Carbon dioxide equivalents, Carbon
monoxide, Environmental protection,
Greenhouse gases, Hydrofluorocarbons,
Incorporation by reference,
Intergovernmental relations, Lead,
Methane, Nitrogen dioxide, Nitrous
oxide, Ozone, Particulate matter,
Perfluorocarbons, Reporting and
recordkeeping requirements, Sulfur
hexafluoride, Sulfur oxides, Volatile
organic compounds.
Dated: December 23, 2010.
Lisa P. Jackson,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
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.
2. Section 52.2305 is added to read as
follows:
§ 52.2305 What are the requirements of the
Federal Implementation Plan (FIP) to issue
permits under the Prevention of Significant
Deterioration requirements to sources that
emit greenhouse gases?
(a) The requirements of sections 160
through 165 of the Clean Air Act are not
met to the extent the plan, as approved,
for Texas does not apply with respect to
emissions of the pollutant GHGs from
certain stationary sources. Therefore,
the provisions of § 52.21 except
paragraph (a)(1) are hereby made a part
of the plan for Texas for:
(1) Beginning on [THE EFFECTIVE
DATE OF THE FINAL RULE], the
pollutant GHGs from stationary sources
described in § 52.21(b)(49)(iv), and
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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules
(2) Beginning July 1, 2011, in addition
to the pollutant GHGs from sources
described under paragraph (a)(1) of this
section, stationary sources described in
§ 52.21(b)(49)(v).
(b) For purposes of this section, the
‘‘pollutant GHGs’’ refers to the pollutant
GHGs, as described in § 52.21(b)(49)(i).
(c) In addition, the United States
Environmental Protection Agency shall
take such action as is appropriate to
assure the application of PSD
requirements to sources in Texas for any
other pollutants that become subject to
regulation under the federal Clean Air
Act for the first time after January 2,
2011.
[FR Doc. 2010–32785 Filed 12–29–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2010–0392(b); FRL–9246–
5]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; State of Florida; Control of
Large Municipal Waste Combustor
(LMWC) Emissions From Existing
Facilities
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of
administrative change.
AGENCY:
EPA is proposing to approve
the Clean Air Act (CAA) section 111(d)/
129 State Plan submitted by the Florida
Department of Environmental Protection
(FDEP) for the State of Florida on July
12, 2007, for implementing and
enforcing the Emissions Guidelines
(EGs) applicable to existing Large
Municipal Waste Combustors (LMWCs).
These EGs apply to municipal waste
combustors with a capacity to combust
more than 250 tons per day of
municipal solid waste (MSW). See 40
CFR part 60, subpart Cb. In the Final
Rules section of this Federal Register,
EPA is approving the State’s 111(d)/129
plan revision submittal as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments.
srobinson on DSKHWCL6B1PROD with PROPOSALS
SUMMARY:
Comments must be received in
writing by January 31, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R04–OAR–2010–0392 by one of the
following methods:
DATES:
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17:52 Dec 29, 2010
Jkt 223001
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: garver.daniel@epa.gov.
3. Fax: (404) 562–9095.
4. Mail: EPA–R04 OAR–2010–0392,
Daniel Garver, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303.
5. Hand Delivery or Courier: Mr.
Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics
and Monitoring Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Daniel Garver, Air Toxics and
Monitoring Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9839.
Mr. Garver can also be reached via
electronic mail at
garver.daniel@epa.gov.
For
additional information see the direct
final rule which is published in the
Rules Section of this Federal Register.
A detailed rationale for the approval is
set forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this
document. Any parties interested in
commenting on this document should
do so at this time.
SUPPLEMENTARY INFORMATION:
Dated: November 8, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2010–32973 Filed 12–29–10; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223 and 224
RIN 0648–XJ00 and RIN 0648–XN50
Endangered and Threatened Wildlife
and Plants; Proposed Listing
Determinations for Five Distinct
Population Segments of Atlantic
Sturgeon; Extension of Public
Comment Period
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
NMFS hereby extends the
comment period on the proposed listing
of five distinct population segments
(DPSs) of Atlantic sturgeon as
endangered or threatened until February
3, 2011. The five DPSs were proposed
for listing in two separate proposed
listing determinations, published on
October 6, 2010.
DATES: Comments and information
regarding the proposed rules published
October 6, 2010 (75 FR 61872; 75 FR
61904) must be received by February 3,
2011.
ADDRESSES: You may submit comments,
identified by RIN 0648–XJ00 or RIN
0648–XN50, by any of the following
methods:
• Federal eRulemaking Portal: http//
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: To the attention of Lynn
Lankshear at (978) 281–9394 for RIN
0648–XJ00, or to Kelly Shotts at (727)
824–5309 for RIN 0648–XN50.
• Mail or hand-delivery: For RIN
0648–XJ00, submit written comments to
the Assistant Regional Administrator for
Protected Resources, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. For RIN
0648–XN50, submit written comments
to the Assistant Regional Administrator
for Protected Resources, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
SUMMARY:
E:\FR\FM\30DEP1.SGM
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Agencies
[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82365-82370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32785]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2010-1033; FRL-9244-8]
RIN-2060-AQ66
Determinations Concerning Need for Error Correction, Partial
Approval and Partial Disapproval, and Federal Implementation Plan
Regarding Texas Prevention of Significant Deterioration Program;
Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to correct its previous full approval of
Texas's Clean Air Act (CAA) Prevention of Significant Deterioration
(PSD) program to be a partial approval and partial disapproval and is
proposing a Federal Implementation Plan (FIP) for Texas. This action is
based on EPA's determination that Texas's PSD program is flawed because
the state did not address how the program would apply to all pollutants
that would become newly subject to regulation in the future, including
non-National Ambient Air Quality Standard (NAAQS) pollutants, among
them greenhouse gases (GHGs). The partial disapproval requires EPA to
promulgate a FIP and so EPA is also proposing a FIP in order to assure
that GHG-emitting sources in Texas are able to proceed with plans to
construct or expand. In the ``Rules'' section of this Federal Register,
we are taking this action including the FIP
[[Page 82366]]
through an interim final rule that is effective immediately.
DATES: Comments. Comments must be received on or before February 12,
2011.
Public Hearing: A public hearing will be held on January 14, 2011.
Please refer to SUPPLEMENTARY INFORMATION for additional information on
the comment period and public hearing.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2010-1033, by one of the following methods:
https://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: epa.gov">a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: Attention Docket ID No. EPA-HQ-OAR-2010-1033, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, NW., Mail code: 6102T, Washington, DC 20460.
Please include a total of 2 copies.
Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2010-1033.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-1033. 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 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
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, avoid any form of encryption, and be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
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 U.S. Environmental
Protection Agency, Air Docket, EPA/DC, EPA West Building, Room 3334,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
Public Hearing. The January 14, 2011, public hearing will be held
at Crowne Plaza Hotel Dallas Downtown, 1015 Elm Street, Dallas, Texas,
phone: (214) 742-5678. The public hearing will convene at 10 a.m. and
will end at 7 p.m. or until the last registered speaker has spoken.
Please refer to SUPPLEMENTARY INFORMATION for additional information on
the public hearing.
FOR FURTHER INFORMATION CONTACT: For information on this proposed rule,
contact Ms. Cheryl Vetter, Air Quality Policy Division, Office of Air
Quality Planning and Standards (C504-03), Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
4391; fax number: (919) 541-5509; e-mail address:
vetter.cheryl@mailto:epa.gov.
If you would like to present oral testimony at the public hearing,
please contact Ms. Pamela Long, U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Air Quality Planning
Division, (C504-03), Research Triangle Park, NC 27711, telephone (919)
541-0641, fax number (919) 541-5509, e-mail address: epa.gov">long.pam@epa.gov
(preferred method for registering), no later than January 12, 2011. If
using e-mail, please provide the following information: Time you wish
to speak (morning, afternoon, evening), name, affiliation, address, e-
mail address, and telephone and fax numbers.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The only governmental entity potentially affected by this rule is
the State of Texas. Other entities potentially affected by this rule
also include sources in all industry groups within the State of Texas,
which have a direct obligation under the CAA to obtain a PSD permit for
GHGs for projects that meet the applicability thresholds set forth in
the Tailoring Rule.\1\ This independent obligation on sources is
specific to PSD and derives from CAA section 165(a). The majority of
entities potentially affected by this action are expected to be in the
following groups:
---------------------------------------------------------------------------
\1\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule;'' Final Rule. 75 FR 31514 (June 3,
2010).
------------------------------------------------------------------------
Industry group NAICS \a\
------------------------------------------------------------------------
Utilities (electric, natural 2211, 2212, 2213
gas, other systems).
Manufacturing (food, 311, 312, 313, 314, 315, 316
beverages, tobacco,
textiles, leather).
Wood product, paper 321, 322
manufacturing.
Petroleum and coal products 32411, 32412, 32419
manufacturing.
Chemical manufacturing....... 3251, 3252, 3253, 3254, 3255, 3256, 3259
Rubber product manufacturing. 3261, 3262
Miscellaneous chemical 32552, 32592, 32591, 325182, 32551
products.
[[Page 82367]]
Nonmetallic mineral product 3271, 3272, 3273, 3274, 3279
manufacturing.
Primary and fabricated metal 3311, 3312, 3313, 3314, 3315, 3321, 3322,
manufacturing. 3323, 3324, 3325, 3326, 3327, 3328, 3329
Machinery manufacturing...... 3331, 3332, 3333, 3334, 3335, 3336, 3339
Computer and electronic 3341, 3342, 3343, 3344, 3345, 4446
products manufacturing.
Electrical equipment, 3351, 3352, 3353, 3359
appliance, and component
manufacturing.
Transportation equipment 3361, 3362, 3363, 3364, 3365, 3366, 3366,
manufacturing. 3369
Furniture and related product 3371, 3372, 3379
manufacturing.
Miscellaneous manufacturing.. 3391, 3399
Waste management and 5622, 5629
remediation.
Hospitals/nursing and 6221, 6231, 6232, 6233, 6239
residential care facilities.
Personal and laundry services 8122, 8123
Residential/private 8141
households.
Non-residential (commercial). Not available. Codes only exist for
private households, construction and
leasing/sales industries.
------------------------------------------------------------------------
\a\ North American Industry Classification System.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this proposal will also be available on the World Wide Web. Following
signature by the EPA Administrator, a copy of this notice will be
posted on the EPA's NSR Web site, under Regulations & Standards, at
https://www.epa.gov/nsr.
C. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park,
NC 27711, Attention Docket ID No. EPA-HQ-OAR-2010-1033.
2. Tips for preparing your comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
D. What information should I be aware of if I plan to attend the public
hearing?
The January 14, 2011, public hearing will provide interested
parties the opportunity to present data, views, or arguments concerning
this proposal. The EPA may ask clarifying questions during the oral
presentations, but will not respond to the presentations at that time.
Written statements and supporting information submitted during the
comment period will be considered with the same weight as oral comments
and supporting information presented at the public hearing. Written
comments on the proposed rule must be postmarked by February 12, 2011,
30 days after the January 14, 2011 hearing. Commenters should notify
Ms. Long if they will need specific equipment, or if there are other
special needs related to providing comments at the hearing. The EPA
will provide equipment for commenters to show overhead slides or make
computerized slide presentations if we receive special requests in
advance. Oral testimony will be limited to 5 minutes for each
commenter. The EPA encourages commenters to provide EPA with a copy of
their oral testimony electronically (via e-mail or CD) or in hard copy
form. The hearing schedule, including lists of speakers, will be posted
on EPA's Web site https://www.epa.gov/nsr. Verbatim transcripts of the
hearing and written statements will be included in the docket for the
rulemaking. EPA will make every effort to follow the schedule as
closely as possible on the day of the hearing; however, please plan for
the hearing to run either ahead of schedule or behind schedule.
D. How is the preamble organized?
The information presented in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. What should I consider as I prepare my comments for EPA?
D. How is the preamble organized?
II. Proposed Action
III. Statutory and Executive Order Reviews
A. Executive Order 12866--Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform
[[Page 82368]]
E. Executive Order 13132--Federalism
F. Executive Order 13175--Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045--Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211--Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898--Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. CAA Section 307(d)
IV. Statutory Authority
II. Proposed Action
We have published an interim final rule in the ``Rules'' section of
this Federal Register to revise our previous full approval of Texas's
PSD state implementation plan (SIP) to a partial approval and partial
disapproval (the ``Interim Final Rule''), and to implement a FIP to
apply the PSD program to those non-NAAQS pollutants to which the Texas
PSD program does not already apply. We have explained our reasons for
this action in the preamble to that rule. The reader is referred to the
Interim Final Rule for detailed information on this proposed action.
We solicit comment on all aspects of the rationale and legal basis
for our determination that the Texas PSD program was flawed at the time
we approved and therefore that we erred in approving it; and our
approach to correcting our error, i.e., converting our previous full
approval of the Texas PSD SIP to a partial approval and partial
disapproval using the error correction mechanism under CAA section
110(k)(6). This includes our finding that the Texas PSD SIP's failure
to address, or provide assurances of having adequate legal authority,
concerning the application of PSD to all pollutants newly subject to
regulation, including non-NAAQS pollutants, constitutes a flaw that
existed at the time that EPA granted full approval of that program in
1992. This also includes our legal authority and approach for
correcting our error in previously granting full approval of the Texas
PSD SIP, including relying on the error correction provisions under CAA
section 110(k)(6) and our general authority to reconsider our actions
under CAA sections 110 and 301(a). We also solicit comment on our
justification for proceeding with this rulemaking, including
promulgating and implementing the FIP, as soon as possible in order to
provide a permitting authority and thereby allow Texas sources to avoid
delays in construction and modification. Finally, EPA specifically
requests comments on the regulatory language included in the interim
final rule. We are not soliciting comment on, and will not address,
comments on issues addressed in what we call the Endangerment
Finding,\2\ the Light-Duty Vehicle Rule,\3\ the Johnson Memo
Reconsideration\4\ and the Tailoring Rule,\5\ or the 1978, 1980, or
2002 PSD rules.\6\ These issues include, but are not limited to, (i)
EPA's interpretation of the CAA as directly applying PSD requirements
to major emitting facilities independent of any SIP requirements, and
(ii) the applicability of PSD to non-NAAQS pollutants.
---------------------------------------------------------------------------
\2\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66,496 (December 15, 2009).
\3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25,324
(May 7, 2010).
\4\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010). This action finalizes EPA's response to a petition for
reconsideration of ``EPA's Interpretation of Regulations that
Determine Pollutants Covered by Federal Prevention of Significant
Deterioration (PSD) Permit Program'' (commonly referred to as the
``Johnson Memo''), December 18, 2008.
\5\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
\6\ 67 FR 80186 (Dec. 31, 2002); 45 FR 52676 (Aug. 7, 1980); 43
FR 26380 (June 19, 1978); and 43 FR 26388 (June 19, 1978).
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III. Statutory and Executive Order Reviews
A. Executive Order 12866--Regulatory Planning and Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' because it raises
novel legal or policy issues. Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under EO 12866 and
any changes made in response to OMB recommendations have been
documented in the docket for this action.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The OMB has previously approved the information collection requirements
contained in the existing regulations for PSD (see, e.g., 40 CFR 52.21)
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0003. The OMB control
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this notice on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards (see 13 CFR 121.201); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; or (3) a small organization that is any not-for-profit
enterprise that is independently owned and operated and is not dominant
in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Although
this rule could lead to federal permitting requirements for certain
sources in Texas, those sources are large emitters of GHGs and tend to
be large sources. We continue to be interested in the potential impacts
of the proposed rule on small entities and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any one year.
The action may impose a duty on Texas to meet their existing obligation
for PSD SIP submittal, but with lesser expenditures. Thus, this
proposed rule is not subject to the requirements of sections 202 or 205
of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action applies
only to Texas.
E. Executive Order 13132--Federalism
This action does not have federalism implications. It will not have
substantial direct effects on Texas, on the relationship between the
national
[[Page 82369]]
government and Texas, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. With this action, EPA is only proposing to
revise its previous full approval of the Texas PSD SIP to be a partial
approval and partial disapproval to correct an error made in granting
full approval, and to put a FIP in place in order to assure that GHG-
emitting sources in Texas are able to proceed with plans to construct
or expand until Texas revises its SIP. Thus, Executive Order 13132 does
not apply to this action.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and state and local
governments, EPA specifically solicits comment on this proposed rule
from state and local officials.
F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). In this action,
EPA is not addressing any tribal implementation plans. This action is
limited to Texas's PSD SIP. Thus, Executive Order 13175 does not apply
to this action.
Although Executive Order 13175 does not apply to this proposed
rule, EPA specifically solicits additional comment on this proposed
action from tribal officials.
G. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because EPA is only proposing to revise its previous full
approval of the Texas PSD SIP to be a partial approval and partial
disapproval to correct an error made in granting full approval, and to
put a FIP in place in order to assure that GHG-emitting sources in
Texas are able to proceed with plans to construct or expand.
H. Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355(May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. With this action, EPA is only proposing
to revise its previous full approval of the Texas PSD SIP to be a
partial approval and partial disapproval to correct an error made in
granting full approval, and to put a FIP in place in order to assure
that GHG-emitting sources in Texas are able to proceed with plans to
construct or expand.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898--Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the U.S.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. With this action, EPA is only proposing to revise its
previous full approval of the Texas PSD SIP to be a partial approval
and partial disapproval to correct an error made in granting full
approval.
K. CAA section 307(d)(1)
Pursuant to section 307(d)(1)(B) and (V) of the CAA, the
Administrator determines that this action is subject to the provisions
of section 307(d). Section 307(d)(1)(B) provides that the provisions of
section 307(d) apply to the promulgation or a FIP by the Administrator
under CAA section 110(c) and section 307(d)(1)(V) provides that the
provisions of section 307(d) apply to ``such other actions as the
Administrator may determine.''
IV. Statutory Authority
The statutory authority for this action is provided by sections
101, 110, 114, 116, and 301 of the CAA as amended (42 U.S.C. 7401,
7410, 7414, 7416, and 7601).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon dioxide, Carbon dioxide equivalents,
Carbon monoxide, Environmental protection, Greenhouse gases,
Hydrofluorocarbons, Incorporation by reference, Intergovernmental
relations, Lead, Methane, Nitrogen dioxide, Nitrous oxide, Ozone,
Particulate matter, Perfluorocarbons, Reporting and recordkeeping
requirements, Sulfur hexafluoride, Sulfur oxides, Volatile organic
compounds.
Dated: December 23, 2010.
Lisa P. Jackson,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be 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.
2. Section 52.2305 is added to read as follows:
Sec. 52.2305 What are the requirements of the Federal Implementation
Plan (FIP) to issue permits under the Prevention of Significant
Deterioration requirements to sources that emit greenhouse gases?
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met to the extent the plan, as approved, for Texas does not
apply with respect to emissions of the pollutant GHGs from certain
stationary sources. Therefore, the provisions of Sec. 52.21 except
paragraph (a)(1) are hereby made a part of the plan for Texas for:
(1) Beginning on [THE EFFECTIVE DATE OF THE FINAL RULE], the
pollutant GHGs from stationary sources described in Sec.
52.21(b)(49)(iv), and
[[Page 82370]]
(2) Beginning July 1, 2011, in addition to the pollutant GHGs from
sources described under paragraph (a)(1) of this section, stationary
sources described in Sec. 52.21(b)(49)(v).
(b) For purposes of this section, the ``pollutant GHGs'' refers to
the pollutant GHGs, as described in Sec. 52.21(b)(49)(i).
(c) In addition, the United States Environmental Protection Agency
shall take such action as is appropriate to assure the application of
PSD requirements to sources in Texas for any other pollutants that
become subject to regulation under the federal Clean Air Act for the
first time after January 2, 2011.
[FR Doc. 2010-32785 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P