Approval and Promulgation of Implementation Plans; Texas; Emissions Banking and Trading of Allowances Program, 15-17 [2010-32968]
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Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations
of the security zone is unnecessary or
impractical for the purpose of maritime
security.
(g) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: December 16, 2010.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2010–33120 Filed 12–30–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–TX–0012;
FRL–9246–3]
Approval and Promulgation of
Implementation Plans; Texas;
Emissions Banking and Trading of
Allowances Program
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving portions of
four revisions to the Texas State
Implementation Plan (SIP) that create
and amend the Emissions Banking and
Trading of Allowances (EBTA) Program.
The EBTA Program establishes a cap
and trade program to reduce emissions
of oxides of nitrogen (NOX) and sulfur
dioxide (SO2) from participating electric
generating facilities. The Texas
Commission on Environmental Quality
(TCEQ) originally submitted the EBTA
program to EPA as a SIP revision on
January 3, 2000. Since that time, the
TCEQ has submitted SIP revisions for
the EBTA Program on September 11,
2000; July 15, 2002; and October 24,
2006. EPA has determined that these
changes to the Texas SIP comply with
the Federal Clean Air Act (the Act or
CAA) and EPA regulations, are
consistent with EPA policies, and will
improve air quality. This action is being
taken under section 110 and parts C and
D of the Act.
DATES: This final rule will be effective
February 2, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2005–TX–0012. 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
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17:12 Dec 30, 2010
Jkt 223001
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
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 four revisions to the Texas
State Implementation Plan (SIP) that
create and amend the Emissions
Banking and Trading of Allowances
(EBTA) Program. The EBTA Program
establishes a cap and trade program to
reduce emissions of oxides of nitrogen
(NOX) and sulfur dioxide (SO2) from
participating electric generating
facilities. The TCEQ originally
submitted the EBTA program to EPA as
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Fmt 4700
Sfmt 4700
15
a SIP revision on January 3, 2000. Since
that time, the TCEQ has submitted SIP
revisions for the EBTA Program on
September 11, 2000; July 15, 2002; and
October 24, 2006.
EPA acted on the above SIP revisions
through a direct final rulemaking and
accompanying proposed rule action on
November 16, 2010, at 75 FR 69884 and
75 FR 69909, respectively. In our direct
final action we stated that we would
withdraw our direct final approval if we
received relevant adverse comments
before December 16, 2010. Because EPA
received one adverse comment, we
withdrew our direct final action on
December 15, 2010. As we discussed in
our direct final and proposed
rulemaking actions, we are proceeding
with a final action and responding to
the comments received in this notice.
Today, we are approving the EBTA
program and subsequent revisions as we
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.
II. What is the background for this
action?
The TCEQ created the EBTA Program
to implement the requirements of Texas
Senate Bill 7 (SB 7), from the 76th
Legislature, 1999, which deregulated the
electric utility industry. Under Texas SB
7, TCEQ was required to develop a
permitting system and a mass cap and
trade system to distribute allowances for
use by electric generating facilities. The
EBTA program is designed to achieve a
50 percent reduction in NOX emissions
and a 25 percent reduction in SO2
emissions, both based on 1997 heat
input data, from participating sources.
EPA has taken separate action on the
permitting system required under Texas
SB 7 and established at 30 TAC Chapter
116, Subchapter I (See docket EPA–
R06–OAR–2005–TX–0031).
In our November 16, 2010, direct final
action, we presented our evaluation of
the EBTA program. Generally, SIP rules
must be enforceable and must not relax
existing requirements. See Clean Air Act
sections 110(a), 110(l), and 193. EPA’s
review of the January 3, 2000;
September 11, 2000; July 15, 2002; and
October 24, 2006 SIP revisions finds
that all 4 SIP submittals are consistent
with the requirements at 40 CFR Part 51
and are considered complete SIP
submittals in accordance with 40 CFR
Part 51, Appendix V. This detailed
analysis is available in the Technical
Support Document (TSD) for this
rulemaking. Additionally, we reviewed
the EBTA program with respect to EPA’s
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Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations
Economic Incentive Program (EIP)
Guidance ‘‘Improving Air Quality with
Economic Incentive Programs’’ (EPA–
452/R–01–001, January 2001) (EIP
Guidance). Our analysis, as detailed in
the TSD accompanying this rulemaking,
finds that the EBTA program is
consistent with the criteria for
discretionary source specific emissions
cap programs. The EBTA program will
provide compliance flexibility to
participating electric generating
facilities in Texas and achieve the
programmatic emission reduction goals
of Texas SB 7. Further, EPA finds that
the EBTA program is consistent with
section 110(l) of the CAA and will not
interfere with any applicable
requirements concerning attainment and
reasonable further progress towards
attainment of the NAAQS or any other
applicable requirements of the Act.
srobinson on DSKHWCL6B1PROD with RULES
III. What are EPA’s responses to
comments received on the proposed
action?
EPA received one adverse comment
on our proposed action, available in the
docket. As discussed previously,
because we received an adverse
comment within the comment period,
EPA withdrew our direct final
rulemaking on December 15, 2010. We
are proceeding with a separate final
action on the EBTA program in this
notice.
Comment 1: The comment EPA
received states in its entirety: ‘‘No cap
and trade other than through Congress!’’
Response 1: The commenter did not
provide any basis for why cap and trade
should only be done through Congress
or provide any specific comment on the
EBTA program. There is nothing in the
comment that convinces EPA that the
EBTA program should not be approved.
The Clean Air Act was enacted by
Congress. 42 U.S.C.A. 7401. Under the
Act, EPA is authorized to set clean air
standards. 42 U.S.C.A. 7409. States are
authorized to choose control strategies
to meet these standards. 42 U.S.C.A.
7410(a). EPA can approve the strategies
into State implementation plans, as long
as the strategies are consistent with the
Act. 42 U.S.C.A. 7410(l). As we stated
in our proposal, and in section II of this
notice, EPA finds the EBTA program to
be consistent with the Act. EPA is
making no changes to our proposed
action as a result of this comment.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
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17:12 Dec 30, 2010
Jkt 223001
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
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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 March 4, 2011.
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: December 21, 2010.
Carl E. Edlund,
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’’ is amended by adding a new
centered heading titled ‘‘Division 2—
Emissions Banking and Trading of
Allowances’’ immediately after the entry
for Section 101.311 under Chapter
101—General Air Quality Rules,
Subchapter H—Emissions Banking and
Trading, followed by new entries for
sections 101.330, 101.331, 101.332,
101.333, 101.334, 101.335, 101.336,
101.338 and 101.339.
The additions read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
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*
17
Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations
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
*
*
*
*
*
*
*
*
*
Subchapter H—Emissions Banking and Trading
*
Section 101.311 ........
*
*
Program Audits and Reports ................
*
11/10/04
*
9/6/06, 71 FR 52698.
Division 2—Emissions Banking and Trading of Allowances
Section 101.330 ........
Definitions .............................................
12/16/1999
Section 101.331 ........
Applicability ...........................................
12/16/1999
Section 101.332 ........
General Provisions ................................
12/16/1999
Section 101.333 ........
Allocation of Allowances .......................
08/09/2000
Section 101.334 ........
Allowance Deductions ...........................
12/16/1999
Section 101.335 ........
Allowance Banking and Trading ...........
12/16/1999
Section 101.336 ........
Emission Monitoring, Compliance Demonstration, and Reporting.
Emission Reductions Achieved Outside
the United States.
Program Audits and Reports ................
12/16/1999
Section 101.338 ........
Section 101.339 ........
*
*
*
[FR Doc. 2010–32968 Filed 12–30–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2010–0003]
Changes in Flood Elevation
Determinations
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
17:12 Dec 30, 2010
10/04/2006
*
*
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
The modified BFEs are not listed for
each community in this notice.
SUPPLEMENTARY INFORMATION:
SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
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where document begins].
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where document begins].
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where document begins].
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where document begins].
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where document begins].
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where document begins].
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number
number
number
number
number
number
number
number
number
*
*
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified
BFEs determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
E:\FR\FM\03JAR1.SGM
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Agencies
[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Rules and Regulations]
[Pages 15-17]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32968]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-TX-0012; FRL-9246-3]
Approval and Promulgation of Implementation Plans; Texas;
Emissions Banking and Trading of Allowances Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving portions of four revisions to the Texas State
Implementation Plan (SIP) that create and amend the Emissions Banking
and Trading of Allowances (EBTA) Program. The EBTA Program establishes
a cap and trade program to reduce emissions of oxides of nitrogen
(NOX) and sulfur dioxide (SO2) from participating
electric generating facilities. The Texas Commission on Environmental
Quality (TCEQ) originally submitted the EBTA program to EPA as a SIP
revision on January 3, 2000. Since that time, the TCEQ has submitted
SIP revisions for the EBTA Program on September 11, 2000; July 15,
2002; and October 24, 2006. EPA has determined that these changes to
the Texas SIP comply with the Federal Clean Air Act (the Act or CAA)
and EPA regulations, are consistent with EPA policies, and will improve
air quality. This action is being taken under section 110 and parts C
and D of the Act.
DATES: This final rule will be effective February 2, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2005-TX-0012. 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 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 four revisions to the
Texas State Implementation Plan (SIP) that create and amend the
Emissions Banking and Trading of Allowances (EBTA) Program. The EBTA
Program establishes a cap and trade program to reduce emissions of
oxides of nitrogen (NOX) and sulfur dioxide (SO2)
from participating electric generating facilities. The TCEQ originally
submitted the EBTA program to EPA as a SIP revision on January 3, 2000.
Since that time, the TCEQ has submitted SIP revisions for the EBTA
Program on September 11, 2000; July 15, 2002; and October 24, 2006.
EPA acted on the above SIP revisions through a direct final
rulemaking and accompanying proposed rule action on November 16, 2010,
at 75 FR 69884 and 75 FR 69909, respectively. In our direct final
action we stated that we would withdraw our direct final approval if we
received relevant adverse comments before December 16, 2010. Because
EPA received one adverse comment, we withdrew our direct final action
on December 15, 2010. As we discussed in our direct final and proposed
rulemaking actions, we are proceeding with a final action and
responding to the comments received in this notice. Today, we are
approving the EBTA program and subsequent revisions as we 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.
II. What is the background for this action?
The TCEQ created the EBTA Program to implement the requirements of
Texas Senate Bill 7 (SB 7), from the 76th Legislature, 1999, which
deregulated the electric utility industry. Under Texas SB 7, TCEQ was
required to develop a permitting system and a mass cap and trade system
to distribute allowances for use by electric generating facilities. The
EBTA program is designed to achieve a 50 percent reduction in
NOX emissions and a 25 percent reduction in SO2
emissions, both based on 1997 heat input data, from participating
sources. EPA has taken separate action on the permitting system
required under Texas SB 7 and established at 30 TAC Chapter 116,
Subchapter I (See docket EPA-R06-OAR-2005-TX-0031).
In our November 16, 2010, direct final action, we presented our
evaluation of the EBTA program. Generally, SIP rules must be
enforceable and must not relax existing requirements. See Clean Air Act
sections 110(a), 110(l), and 193. EPA's review of the January 3, 2000;
September 11, 2000; July 15, 2002; and October 24, 2006 SIP revisions
finds that all 4 SIP submittals are consistent with the requirements at
40 CFR Part 51 and are considered complete SIP submittals in accordance
with 40 CFR Part 51, Appendix V. This detailed analysis is available in
the Technical Support Document (TSD) for this rulemaking. Additionally,
we reviewed the EBTA program with respect to EPA's
[[Page 16]]
Economic Incentive Program (EIP) Guidance ``Improving Air Quality with
Economic Incentive Programs'' (EPA-452/R-01-001, January 2001) (EIP
Guidance). Our analysis, as detailed in the TSD accompanying this
rulemaking, finds that the EBTA program is consistent with the criteria
for discretionary source specific emissions cap programs. The EBTA
program will provide compliance flexibility to participating electric
generating facilities in Texas and achieve the programmatic emission
reduction goals of Texas SB 7. Further, EPA finds that the EBTA program
is consistent with section 110(l) of the CAA and will not interfere
with any applicable requirements concerning attainment and reasonable
further progress towards attainment of the NAAQS or any other
applicable requirements of the Act.
III. What are EPA's responses to comments received on the proposed
action?
EPA received one adverse comment on our proposed action, available
in the docket. As discussed previously, because we received an adverse
comment within the comment period, EPA withdrew our direct final
rulemaking on December 15, 2010. We are proceeding with a separate
final action on the EBTA program in this notice.
Comment 1: The comment EPA received states in its entirety: ``No
cap and trade other than through Congress!''
Response 1: The commenter did not provide any basis for why cap and
trade should only be done through Congress or provide any specific
comment on the EBTA program. There is nothing in the comment that
convinces EPA that the EBTA program should not be approved. The Clean
Air Act was enacted by Congress. 42 U.S.C.A. 7401. Under the Act, EPA
is authorized to set clean air standards. 42 U.S.C.A. 7409. States are
authorized to choose control strategies to meet these standards. 42
U.S.C.A. 7410(a). EPA can approve the strategies into State
implementation plans, as long as the strategies are consistent with the
Act. 42 U.S.C.A. 7410(l). As we stated in our proposal, and in section
II of this notice, EPA finds the EBTA program to be consistent with the
Act. EPA is making no changes to our proposed action as a result of
this comment.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 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 March 4, 2011. 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: December 21, 2010.
Carl E. Edlund,
Acting Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by adding a new centered heading titled
``Division 2--Emissions Banking and Trading of Allowances'' immediately
after the entry for Section 101.311 under Chapter 101--General Air
Quality Rules, Subchapter H--Emissions Banking and Trading, followed by
new entries for sections 101.330, 101.331, 101.332, 101.333, 101.334,
101.335, 101.336, 101.338 and 101.339.
The additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
[[Page 17]]
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 101.311.............. Program Audits and 11/10/04 9/6/06, 71 FR 52698. .................
Reports.
----------------------------------------------------------------------------------------------------------------
Division 2--Emissions Banking and Trading of Allowances
----------------------------------------------------------------------------------------------------------------
Section 101.330.............. Definitions........... 12/16/1999 1/3/2011 [Insert FR .................
page number where
document begins].
Section 101.331.............. Applicability......... 12/16/1999 1/3/2011 [Insert FR .................
page number where
document begins].
Section 101.332.............. General Provisions.... 12/16/1999 1/3/2011 [Insert FR .................
page number where
document begins].
Section 101.333.............. Allocation of 08/09/2000 1/3/2011 [Insert FR .................
Allowances. page number where
document begins].
Section 101.334.............. Allowance Deductions.. 12/16/1999 1/3/2011 [Insert FR .................
page number where
document begins].
Section 101.335.............. Allowance Banking and 12/16/1999 1/3/2011 [Insert FR .................
Trading. page number where
document begins].
Section 101.336.............. Emission Monitoring, 12/16/1999 1/3/2011 [Insert FR .................
Compliance page number where
Demonstration, and document begins].
Reporting.
Section 101.338.............. Emission Reductions 10/04/2006 1/3/2011 [Insert FR .................
Achieved Outside the page number where
United States. document begins].
Section 101.339.............. Program Audits and 10/04/2006 1/3/2011 [Insert FR .................
Reports. page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-32968 Filed 12-30-10; 8:45 am]
BILLING CODE 6560-50-P