Approval and Promulgation of Implementation Plans; Texas; Regulations for Control of Air Pollution by Permits for New Construction or Modification, 67600-67604 [2011-28256]

Download as PDF 67600 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations List of Subjects in 32 CFR Part 1701 Privacy, Reporting and recordkeeping requirements. For the reasons set forth above, ODNI amends 32 CFR Part 1701 as follows: PART 1701—ADMINISTRATION OF RECORDS UNDER THE PRIVACY ACT OF 1974 1. The authority citation for part 1701 continues to read as follows: ■ Authority: 50 U.S.C. 401–442; 5 U.S.C. 552a. Subpart B—[Amended] 2. Amend § 1701.24 by revising paragraph (a) introductory text, and adding paragraphs (a)(15) through (a)(20), and (b)(7) through (b)(12), to read as follows: ■ sroberts on DSK5SPTVN1PROD with RULES § 1701.24 Exemption of Office of the Director of National Intelligence (ODNI) systems of records. (a) The ODNI exempts the following systems of records from the requirements of subsections (c)(3); (d)(1),(2),(3) and (4); (e)(1); (e)(4)(G),(H),(I); and (f) of the Privacy Act to the extent that information in the system is subject to exemption pursuant subsections (k)(1), (k)(2) or (k)(5) of the Act as noted in the individual new systems notices and in the existing system notice entitled Office of Inspector General Investigation and Interview Records (ODNI/OIG–003), published at 72 FR 37902 (December 28, 2007): * * * * * (15) Human Resources Records (ODNI–16). (16) Personnel Security Records (ODNI–17). (17) Freedom of Information Act, Privacy Act and Mandatory Declassification Review Requests Records (ODNI–18). (18) IT Systems Activity and Access Records (ODNI–19). (19) Security Clearance Reciprocity Hotline Records (ODNI–20). (20) IT Network Support, Administration and Analysis Records (ODNI–21). (b) * * * (7) From subsection (c)(3) (accounting of disclosures) because an accounting of disclosures from records concerning the record subject would specifically reveal an intelligence or investigative interest on the part of the ODNI or recipient agency and could result in release of properly classified national security or foreign policy information. (8) From subsections (d)(1), (2), (3) and (4) (record subject’s right to access VerDate Mar<15>2010 15:56 Nov 01, 2011 Jkt 226001 and amend records) because affording access and amendment rights could alert the record subject to the investigative interest of intelligence or law enforcement agencies or compromise sensitive information classified in the interest of national security. In the absence of a national security basis for exemption, records in this system may be exempted from access and amendment to the extent necessary to honor promises of confidentiality to persons providing information concerning a candidate for position. Inability to maintain such confidentiality would restrict the free flow of information vital to a determination of a candidate’s qualifications and suitability. (9) From subsection (e) (1) (maintain only relevant and necessary records) because it is not always possible to establish relevance and necessity before all information is considered and evaluated in relation to an intelligence concern. In the absence of a national security basis for exemption under subsection (k)(1), records in this system may be exempted from the relevance requirement pursuant to subsection (k)(5) because it is not possible to determine in advance what exact information may assist in determining the qualifications and suitability of a candidate for position. Seemingly irrelevant details, when combined with other data, can provide a useful composite for determining whether a candidate should be appointed. (10) From subsections (e)(4)(G) and (H) (publication of procedures for notifying subjects of the existence of records about them and how they may access records and contest contents) because the system is exempted from subsection (d) provisions regarding access and amendment, and from the subsection (f) requirement to promulgate agency rules. Nevertheless, the ODNI has published notice concerning notification, access, and contest procedures because it may in certain circumstances determine it appropriate to provide subjects access to all or a portion of the records about them in a system of records. (11) From subsection (e)(4)(I) (identifying sources of records in the system of records) because identifying sources could result in disclosure of properly classified national defense or foreign policy information, intelligence sources and methods, and investigatory techniques and procedures. Notwithstanding its proposed exemption from this requirement, ODNI identifies record sources in broad categories sufficient to provide general PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 notice of the origins of the information it maintains in its systems of records. (12) From subsection (f) (agency rules for notifying subjects to the existence of records about them, for accessing and amending records, and for assessing fees) because the system is exempt from subsection (d) provisions regarding access and amendment of records by record subjects. Nevertheless, the ODNI has published agency rules concerning notification of a subject in response to his request if any system of records named by the subject contains a record pertaining to him and procedures by which the subject may access or amend the records. Notwithstanding exemption, the ODNI may determine it appropriate to satisfy a record subject’s access request. Dated: October 19, 2011. Mark W. Ewing, Chief Management Officer. [FR Doc. 2011–28442 Filed 11–1–11; 8:45 am] BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 [EPA–R06–OAR–2011–0426; FRL–9485–3] Approval and Promulgation of Implementation Plans; Texas; Regulations for Control of Air Pollution by Permits for New Construction or Modification Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is approving portions of three revisions to the Texas State Implementation Plan (SIP) submitted by the State of Texas on August 31, 1993; July 22, 1998; and October 5, 2010. These revisions amend existing sections and create new sections in Title 30 of the Texas Administrative Code (TAC), Chapter 116—Control of Air Pollution by Permits for New Construction or Modification. The August 31, 1993, revision creates two new sections for the use of emission reductions as offsets in new source review permitting. The July 22, 1998, revision allows for the use of Discrete Emission Reduction Credits (DERC) to exceed emission limits in permits (permit allowables) and updates internal citations to other Texas regulations. The October 5, 2010, revision updates internal citations to other Texas regulations. EPA has determined that these SIP revisions comply with the Clean Air Act and EPA regulations and are consistent with EPA SUMMARY: E:\FR\FM\02NOR1.SGM 02NOR1 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES policies. This action is being taken under authority of the Federal Clean Air Act (the Act or CAA). DATES: This final rule is effective on December 2, 2011. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2011–0426. 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 action, please contact Ms. Erica Le Doux (6PD–R), Air Permits Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue (6PD–R), Suite 1200, Dallas, Texas 75202–2733, telephone (214) 665–7265; fax number (214) 665–6762; email address ledoux.erica@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever, any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. What final action is EPA taking? II. What is the background for this action? VerDate Mar<15>2010 15:56 Nov 01, 2011 Jkt 226001 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 three revisions to the Texas SIP submitted on August 31, 1993; July 22, 1998; and October 5, 2010. The August 31, 1993, SIP submittal creates two new sections, 116.174 and 116.175, establishing the requirements for use and recordkeeping of emission reductions in New Source Review (NSR) permitting. The July 22, 1998 SIP submittal creates a new section at 116.116(f) that allows Discrete Emission Reduction Credits (DERCs) to be used to exceed permit allowables; and amends existing section 116.174 to correctly cross-reference other Texas permitting regulations. The October 5, 2010, SIP submittal amends section 116.116(f) to correctly cross-reference the SIPapproved DERC rules at Title 30 of the Texas Administrative Code (30 TAC) Chapter 101, Subchapter H, Division 4. We are fully approving new sections 116.174 and 116.175 submitted on August 31, 1993. We are approving new section 116.116(f) and amendments to section 116.174 submitted on July 22, 1998. Finally, we are fully approving the amendment to section 116.116(f) submitted on October 5, 2010. EPA acted on the above SIP revisions through a direct final rulemaking and accompanying proposed rule action on July 25, 2011 at 76 FR 44271 and 76 FR 44293, respectively. In our direct final action we stated that we would withdraw our direct final approval if we received relevant adverse comments before August 24, 2011. Because EPA received one adverse comment, we withdrew our direct final action on September 15, 2011 at 76 FR 56982. As we discussed in our direct final and proposed rulemaking actions, in this notice we are proceeding with a final action and responding to the comment. The revisions submitted by Texas amend existing sections and create new sections in 30 TAC Chapter 116— Control of Air Pollution by Permits for New Construction or Modification and 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 section 110 and parts C and D of the CAA. Finally, EPA is revising the title used in the direct final action to remove a reference to Permits by Rule. Because this action does not change any provision of Texas’ Permits by Rule program, we are removing the reference PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 67601 to Permits by Rule to clarify that such rules are not part of this action. II. What is the background for this action? We are approving severable provisions of three SIP revisions that the Texas Commission on Environmental Quality (TCEQ) adopted on August 16, 1993; June 17, 1998; and September 15, 2010; and submitted to EPA on August 31, 1993; July 22, 1998; and October 5, 2010; respectively. Copies of the revised rules as well as the Technical Support Document (TSD) can be obtained from the Docket, as discussed in the ‘‘Docket’’ section above. A discussion of the specific Texas rule changes that we are approving is included in the TSD and summarized below. The TSD also contains a discussion as to why EPA is not taking action on certain provisions of each Texas SIP submittal and documents why these provisions are severable from the provisions that we are approving. A. August 31, 1993, Submittal 1. Section 116.174—Determination by Executive Director To Authorize Reductions The TCEQ adopted section 116.174 on August 16, 1993, to provide the criteria by which the TCEQ Executive Director (ED) will determine whether emission reductions can be used for purposes of NSR permitting. Section 116.174 requires that the ED approve reductions for use pursuant with requirements set forth in SIP-approved section 116.170. Additionally, any emission reductions approved for use as offsets by the ED must be made as enforceable permit conditions. 2. Section 116.175—Recordkeeping The TCEQ adopted new section 116.175 on August 16, 1993, to establish that the recordkeeping burden for the generation and use of emission reductions in NSR permitting is on the applicant. The TCEQ will only maintain records associated with the permit application and files. The permit applicant is responsible for making all records related to the emission reductions available upon request by the ED. B. July 22, 1998, Submittal 1. Section 116.116(f)—Use of Credits The TCEQ adopted new section 116.116(f) on June 17, 1998, to provide that DERCs generated under the TCEQ’s banking and trading provisions at 30 TAC 101.29 can be used to exceed permit allowables, if all applicable requirements of section 101.29 are E:\FR\FM\02NOR1.SGM 02NOR1 67602 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations satisfied. Since the adoption of section 116.116(f), the TCEQ has recodified the SIP-approved DERC provisions from 30 TAC 101.29 to 30 TAC 101.376. The use of DERCs cannot be used to authorize any physical changes to a facility. EPA reviewed and conditionally approved the DERC program on September 6, 2006 at 71 FR 52703. This conditional approval was converted to a full approval on May 18, 2010 at 75 FR 27644. The full approval action resulted after we found that TCEQ satisfied all elements that were outlined in a commitment letter submitted by TCEQ, dated September 8, 2005. This commitment letter can be found in the docket for our approval of the DERC program at EPA–R06–OAR–2005–TX– 0029. The DERC rules establish a type of Economic Incentive Program (EIP), in particular an open market emission trading (OMT) program as described in EPA’s EIP Guidance document, ‘‘Improving Air Quality with Economic Incentive Programs’’ (EPA–452/R–01– 001, January 2001). In an OMT program, a source generates short-term emission credits (called discrete emission reduction credits, or DERCs, in the Texas program) by reducing its emissions. The source can then use these DERCs at a later time, or trade them to another source to use at a later time. The trading program assumes that many sources will participate and continuously generate new DERCs to balance with other sources using previously generated discrete credits. DERCs are quantified, banked and traded in terms of mass (tons) and may be generated and used statewide. Reductions of all criteria pollutants, with the exception of lead, may be certified as DERCs. 2. Section 116.174—Determination by Executive Director To Authorize Reductions The TCEQ adopted amendments to section 116.174 on June 17, 1998, to remove outdated references to the Texas Air Control Board, and to update references to other sections of the Texas NSR permitting regulations where emission reductions can be used in permits. C. October 5, 2010, Submittal sroberts on DSK5SPTVN1PROD with RULES Section 116.116(f)—Use of Credits The TCEQ adopted amendments to section 116.116(f) on September 15, 2010, to change references to outdated section 101.29 to the current SIPapproved section 101.376. In our July 25, 2011, direct final action, we presented our evaluation of these revisions to amend existing VerDate Mar<15>2010 15:56 Nov 01, 2011 Jkt 226001 sections and create new sections in 30 TAC Chapter 116—Control of Air Pollution by Permits for New Construction or Modification. Generally, SIP rules must be enforceable and must not relax existing requirements. See CAA sections 110(a), 110(l), and 193. EPA’s review of the August 31, 1993; July 22, 1998; and October 5, 2010; SIP revisions finds that all three 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 TSD for this rulemaking. 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 September 15, 2011, 76 FR 56982. We are proceeding with a final action in this notice. A summary of the comment EPA received is as follows: The implementation of this rule would shutdown the Luminant Big Brown Mine and Power Plant in Freestone County, Texas. The effects would be disastrous to the community of Fairfield, Texas, where the commenter lives and works. The closure of this facility would cause an economic decline because the plant is the main economic driving force for this community; as a result, people will leave the area to find work. People vacating the area would cause a decline in the housing and retail market, both of which, the commenter and his wife are active participants. The commenter wants the government to reconsider the rule. The commenter did not provide any basis for why this action will cause the shutdown of the mentioned power plants and consequently cause the economic decline of the surrounding communities, nor did he call attention to any specific parts of the rule that would cause this to happen. While EPA is just now approving these rules as revisions to the Texas SIP, Texas has been implementing these rules since they became effective in 1993 and 1998. If these rules had the potential to result in the plant closures and the local community’s economic decline outlined in the comments, this potential would have existed since the 1993 and 1998 revisions associated with these rules. However, the commenter did not identify any past plant closures and PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 economic decline as a result of these rules. Accordingly, these SIP revisions and amendments should 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 submitted SIP revisions to 30 TAC Chapter 116 as identified earlier herein are 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); E:\FR\FM\02NOR1.SGM 02NOR1 67603 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 3, 2012. 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).) Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 21, 2011. Al Armendariz, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart SS—Texas 2. The table in § 52.2270(c) entitled ‘‘EPA Approved Regulations in the Texas SIP’’ is amended as follows: ■ a. By revising the entry for § 116.116; ■ b. By adding new entries for §§ 116.174 and 116.175. The additions and revisions read as follows: ■ List of Subjects in 40 CFR Part 52 § 52.2270 Environmental protection, Air pollution control, Carbon monoxide, * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE TEXAS SIP State citation State approval/ submittal date Title/subject * * EPA approval date * * Explanation * * * Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification * * * * * * * Subchapter B—New Source Review Permits Division 1—Permit Application Section 116.116 ....... * Changes to Facilities. 9/15/2010 * 11/2/2011 [Insert FR page where document begins]. * * number The SIP does not include paragraph (b)(3) and (b)(4), and subsection (e). * * * * * Division 7—Emission Reductions: Offsets * sroberts on DSK5SPTVN1PROD with RULES Section 116.174 ....... Determination by Executive Director to Authorize Reductions. 6/17/1998 11/2/2011 [Insert FR page where document begins]. number Section 116.175 ....... Recordkeeping ....... 8/16/1993 11/2/2011 [Insert FR page where document begins]. number * VerDate Mar<15>2010 * 15:56 Nov 01, 2011 * Jkt 226001 PO 00000 * Frm 00023 Fmt 4700 * Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1 67604 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations * * * * * [FR Doc. 2011–28256 Filed 11–1–11; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 80 [WT Docket No. 00–48; FCC 10–110] Maritime Communications Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission or FCC) addresses a number of issues pertaining to the Maritime Radio Services that were raised in the Third Further Notice of Proposed Rulemaking (Third FNPRM), and amends its rules accordingly. The decisions adopted by the Commission herein advance the key objectives underlying this proceeding, which are to promote maritime safety, maximize effective and efficient use of the spectrum available for maritime communications, accommodate technological innovation, avoid unnecessary regulatory burdens, maintain consistency with international maritime standards to the extent consistent with the United States public interest, and regulate the Maritime Radio Services in a manner that advances our nation’s homeland security. SUMMARY: Effective January 3, 2012. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of January 3, 2012. FOR FURTHER INFORMATION CONTACT: Jeffrey Tobias, Jeff.Tobias@FCC.gov, Wireless Telecommunications Bureau, (202) 418–1617, or TTY (202) 418–7233. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission’s Fourth Report and Order and Second Memorandum Opinion and Order (Fourth R&O) in WT Docket No. 00–48, FCC 10–110, adopted on June 7, 2010, and released on June 10, 2010. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW., Washington, DC 20554. The complete text may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY–B402, Washington, DC 20554. The full text may also be sroberts on DSK5SPTVN1PROD with RULES DATES: VerDate Mar<15>2010 15:56 Nov 01, 2011 Jkt 226001 downloaded at: https://www.fcc.gov. Alternative formats are available to persons with disabilities by sending an email to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (tty). 1. The WT Docket No. 00–48 rulemaking proceeding was established to develop rules for domestic implementation of the Global Maritime Distress and Safety System (GMDSS), a ship-to-shore and ship-to-ship distress communications system using satellite and digital selective calling (DSC) technology. The Commission takes the following significant actions in the Fourth R&O in WT Docket No. 00–48: (1) Prohibits the certification, manufacture, importation, sale, installation, or continued use of INMARSAT–E emergency position indicating radiobeacons (EPIRBs); (2) concludes that VHF–DSC handheld radiotelephones should include integrated Global Positioning System (GPS) capability, but defers adopting such a requirement until the Radio Technical Commission for Maritime Services (RTCM) completes work on GPS performance standards; (3) requires that any small passenger vessel that does not have a reserve power supply carry at least one VHF handheld marine radio transceiver; (4) declines at this time to provide additional spectrum for ship station facsimile communications or to permit the transmission of data on maritime voice channels; (5) eliminates the limits on the number of frequencies that can be assigned to a private coast station or marine utility station; (6) revises the part 80 rules to incorporate by reference the latest international standards for radar and other equipment; and (7) clarifies that vessels subject to GMDSS requirements are required to test their radiotelephone equipment on a daily basis. I. Procedural Matters A. Paperwork Reduction Act Analysis 2. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified ‘‘information collection burden for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). B. Report to Congress 3. The Commission will send a copy of this Fourth R&O in a report to PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). C. Final Regulatory Flexibility Analysis 4. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Third FNPRM, at 71 FR 65448, November 8, 2006. The Commission sought written public comment on the proposals in the Third FNPRM, including comment on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. Need for, and Objectives of, the Report and Order 5. The rules adopted in the Fourth R&O are intended to promote maritime safety, maximize effective and efficient use of the spectrum available for maritime communications, accommodate technological innovation, avoid unnecessary regulatory burdens, maintain consistency with international maritime standards to the extent consistent with the United States public interest, and regulate the Maritime Radio Services in a manner that advances our nation’s homeland security. Specifically, in the Fourth R&O, the Commission (1) prohibits the certification, manufacture, importation, installation, or continued use of INMARSAT–E emergency position indicating radiobeacons (EPIRBs); (2) concludes that VHF–DSC handheld radiotelephones should include integrated Global Positioning System (GPS) capability, but defers adopting such a requirement until the Radio Technical Commission for Maritime Services (RTCM) completes work on GPS performance standards; (3) requires carriage of at least one VHF handheld radio transceiver on all small passenger vessels that do not carry a reserve power supply; (4) declines to take any immediate action to provide additional spectrum for ship station facsimile communications or to permit the transmission of data on maritime voice channels; (5) removes limits on the number of frequencies that can be assigned to a private coast station or marine utility station; (6) revises the part 80 rules to incorporate by reference the latest international standards for radar and other equipment; and (7) clarifies that vessels subject to the GMDSS requirements are required to test their radiotelephone equipment on a daily basis. E:\FR\FM\02NOR1.SGM 02NOR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 67600-67604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28256]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2011-0426; FRL-9485-3]

Approval and Promulgation of Implementation Plans; Texas;
Regulations for Control of Air Pollution by Permits for New
Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving portions of three revisions to the Texas
State Implementation Plan (SIP) submitted by the State of Texas on
August 31, 1993; July 22, 1998; and October 5, 2010. These revisions
amend existing sections and create new sections in Title 30 of the
Texas Administrative Code (TAC), Chapter 116--Control of Air Pollution
by Permits for New Construction or Modification. The August 31, 1993,
revision creates two new sections for the use of emission reductions as
offsets in new source review permitting. The July 22, 1998, revision
allows for the use of Discrete Emission Reduction Credits (DERC) to
exceed emission limits in permits (permit allowables) and updates
internal citations to other Texas regulations. The October 5, 2010,
revision updates internal citations to other Texas regulations. EPA has
determined that these SIP revisions comply with the Clean Air Act and
EPA regulations and are consistent with EPA

[[Page 67601]]

policies. This action is being taken under authority of the Federal
Clean Air Act (the Act or CAA).

DATES: This final rule is effective on December 2, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0426. 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 action, please contact Ms. Erica Le Doux (6PD-R), Air
Permits Section, Environmental Protection Agency, Region 6, 1445 Ross
Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone (214)
665-7265; fax number (214) 665-6762; email address
ledoux.erica@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever, any
reference to ``we,'' ``us,'' or ``our'' is used, we mean 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 three revisions to the
Texas SIP submitted on August 31, 1993; July 22, 1998; and October 5,
2010. The August 31, 1993, SIP submittal creates two new sections,
116.174 and 116.175, establishing the requirements for use and
recordkeeping of emission reductions in New Source Review (NSR)
permitting. The July 22, 1998 SIP submittal creates a new section at
116.116(f) that allows Discrete Emission Reduction Credits (DERCs) to
be used to exceed permit allowables; and amends existing section
116.174 to correctly cross-reference other Texas permitting
regulations. The October 5, 2010, SIP submittal amends section
116.116(f) to correctly cross-reference the SIP-approved DERC rules at
Title 30 of the Texas Administrative Code (30 TAC) Chapter 101,
Subchapter H, Division 4. We are fully approving new sections 116.174
and 116.175 submitted on August 31, 1993. We are approving new section
116.116(f) and amendments to section 116.174 submitted on July 22,
1998. Finally, we are fully approving the amendment to section
116.116(f) submitted on October 5, 2010.
EPA acted on the above SIP revisions through a direct final
rulemaking and accompanying proposed rule action on July 25, 2011 at 76
FR 44271 and 76 FR 44293, respectively. In our direct final action we
stated that we would withdraw our direct final approval if we received
relevant adverse comments before August 24, 2011. Because EPA received
one adverse comment, we withdrew our direct final action on September
15, 2011 at 76 FR 56982. As we discussed in our direct final and
proposed rulemaking actions, in this notice we are proceeding with a
final action and responding to the comment. The revisions submitted by
Texas amend existing sections and create new sections in 30 TAC Chapter
116--Control of Air Pollution by Permits for New Construction or
Modification and 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 section 110 and parts C and D of the CAA.
Finally, EPA is revising the title used in the direct final action
to remove a reference to Permits by Rule. Because this action does not
change any provision of Texas' Permits by Rule program, we are removing
the reference to Permits by Rule to clarify that such rules are not
part of this action.

II. What is the background for this action?

We are approving severable provisions of three SIP revisions that
the Texas Commission on Environmental Quality (TCEQ) adopted on August
16, 1993; June 17, 1998; and September 15, 2010; and submitted to EPA
on August 31, 1993; July 22, 1998; and October 5, 2010; respectively.
Copies of the revised rules as well as the Technical Support Document
(TSD) can be obtained from the Docket, as discussed in the ``Docket''
section above. A discussion of the specific Texas rule changes that we
are approving is included in the TSD and summarized below. The TSD also
contains a discussion as to why EPA is not taking action on certain
provisions of each Texas SIP submittal and documents why these
provisions are severable from the provisions that we are approving.

A. August 31, 1993, Submittal

1. Section 116.174--Determination by Executive Director To Authorize
Reductions
The TCEQ adopted section 116.174 on August 16, 1993, to provide the
criteria by which the TCEQ Executive Director (ED) will determine
whether emission reductions can be used for purposes of NSR permitting.
Section 116.174 requires that the ED approve reductions for use
pursuant with requirements set forth in SIP-approved section 116.170.
Additionally, any emission reductions approved for use as offsets by
the ED must be made as enforceable permit conditions.
2. Section 116.175--Recordkeeping
The TCEQ adopted new section 116.175 on August 16, 1993, to
establish that the recordkeeping burden for the generation and use of
emission reductions in NSR permitting is on the applicant. The TCEQ
will only maintain records associated with the permit application and
files. The permit applicant is responsible for making all records
related to the emission reductions available upon request by the ED.

B. July 22, 1998, Submittal

1. Section 116.116(f)--Use of Credits
The TCEQ adopted new section 116.116(f) on June 17, 1998, to
provide that DERCs generated under the TCEQ's banking and trading
provisions at 30 TAC 101.29 can be used to exceed permit allowables, if
all applicable requirements of section 101.29 are

[[Page 67602]]

satisfied. Since the adoption of section 116.116(f), the TCEQ has
recodified the SIP-approved DERC provisions from 30 TAC 101.29 to 30
TAC 101.376. The use of DERCs cannot be used to authorize any physical
changes to a facility.
EPA reviewed and conditionally approved the DERC program on
September 6, 2006 at 71 FR 52703. This conditional approval was
converted to a full approval on May 18, 2010 at 75 FR 27644. The full
approval action resulted after we found that TCEQ satisfied all
elements that were outlined in a commitment letter submitted by TCEQ,
dated September 8, 2005. This commitment letter can be found in the
docket for our approval of the DERC program at EPA-R06-OAR-2005-TX-
0029. The DERC rules establish a type of Economic Incentive Program
(EIP), in particular an open market emission trading (OMT) program as
described in EPA's EIP Guidance document, ``Improving Air Quality with
Economic Incentive Programs'' (EPA-452/R-01-001, January 2001). In an
OMT program, a source generates short-term emission credits (called
discrete emission reduction credits, or DERCs, in the Texas program) by
reducing its emissions. The source can then use these DERCs at a later
time, or trade them to another source to use at a later time. The
trading program assumes that many sources will participate and
continuously generate new DERCs to balance with other sources using
previously generated discrete credits. DERCs are quantified, banked and
traded in terms of mass (tons) and may be generated and used statewide.
Reductions of all criteria pollutants, with the exception of lead, may
be certified as DERCs.
2. Section 116.174--Determination by Executive Director To Authorize
Reductions
The TCEQ adopted amendments to section 116.174 on June 17, 1998, to
remove outdated references to the Texas Air Control Board, and to
update references to other sections of the Texas NSR permitting
regulations where emission reductions can be used in permits.

C. October 5, 2010, Submittal

Section 116.116(f)--Use of Credits
The TCEQ adopted amendments to section 116.116(f) on September 15,
2010, to change references to outdated section 101.29 to the current
SIP-approved section 101.376.
In our July 25, 2011, direct final action, we presented our
evaluation of these revisions to amend existing sections and create new
sections in 30 TAC Chapter 116--Control of Air Pollution by Permits for
New Construction or Modification. Generally, SIP rules must be
enforceable and must not relax existing requirements. See CAA sections
110(a), 110(l), and 193. EPA's review of the August 31, 1993; July 22,
1998; and October 5, 2010; SIP revisions finds that all three
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 TSD for this
rulemaking.

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 September 15, 2011, 76 FR 56982. We are proceeding with a
final action in this notice.
A summary of the comment EPA received is as follows: The
implementation of this rule would shutdown the Luminant Big Brown Mine
and Power Plant in Freestone County, Texas. The effects would be
disastrous to the community of Fairfield, Texas, where the commenter
lives and works. The closure of this facility would cause an economic
decline because the plant is the main economic driving force for this
community; as a result, people will leave the area to find work. People
vacating the area would cause a decline in the housing and retail
market, both of which, the commenter and his wife are active
participants. The commenter wants the government to reconsider the
rule.
The commenter did not provide any basis for why this action will
cause the shutdown of the mentioned power plants and consequently cause
the economic decline of the surrounding communities, nor did he call
attention to any specific parts of the rule that would cause this to
happen. While EPA is just now approving these rules as revisions to the
Texas SIP, Texas has been implementing these rules since they became
effective in 1993 and 1998. If these rules had the potential to result
in the plant closures and the local community's economic decline
outlined in the comments, this potential would have existed since the
1993 and 1998 revisions associated with these rules. However, the
commenter did not identify any past plant closures and economic decline
as a result of these rules. Accordingly, these SIP revisions and
amendments should 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 submitted SIP revisions to 30
TAC Chapter 116 as identified earlier herein are 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);

[[Page 67603]]

Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 3, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: October 21, 2011.
Al Armendariz,
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 as follows:
0
a. By revising the entry for Sec. 116.116;
0
b. By adding new entries for Sec. Sec. 116.174 and 116.175.
The additions and revisions read as follows:

Sec. 52.2270 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.116................ Changes to 9/15/2010 11/2/2011 [Insert FR The SIP does not
Facilities. page number where include paragraph
document begins]. (b)(3) and (b)(4),
and subsection (e).
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 7--Emission Reductions: Offsets *
----------------------------------------------------------------------------------------------------------------
Section 116.174................ Determination by 6/17/1998 11/2/2011 [Insert FR ......................
Executive page number where
Director to document begins].
Authorize
Reductions.
----------------------------------------------------------------------------------------------------------------
Section 116.175................ Recordkeeping..... 8/16/1993 11/2/2011 [Insert FR ......................
page number where
document begins].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

[[Page 67604]]

* * * * *
[FR Doc. 2011-28256 Filed 11-1-11; 8:45 am]
BILLING CODE 6560-50-P

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