Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Standard Permit for Oil and Gas Facilities and Standard Permit Applicability, 8861-8863 [2014-03173]
Download as PDF
<![CDATA[
tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Jim
Rousseau, Bridge Administration
Branch Fifth District, Coast Guard;
telephone (757) 398–6557, email
James.L.Rousseau2@uscg.mil. If you
have questions on reviewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION: The North
Carolina Department of Transportation,
who owns and operates this vertical lift
bridge, has requested a temporary
deviation to conduct the biannual
inspections.
The existing drawbridge operation
regulation for the Cape Fear River
Memorial Bridge is listed in 33 CFR
117.822. The regulation allows the
bridge to remain closed to navigation
once in both July and November to
accommodate annual marathon races.
The drawbridge opens on demand at all
other times.
Under this temporary deviation, the
drawbridge will be closed to navigation
beginning each day from 8 a.m. to 4
p.m., on March 17, 2014 until March 28,
2014; however, vessel openings will be
provided if at least two hours advance
notice is given. At all other times, the
drawbridge will operate under its
normal schedule.
The Cape Fear River Memorial Bridge,
at mile 26.8, at Wilmington, NC, has
vertical clearances in the open and
closed positions of 135 feet and 65 feet
above mean high water, respectively.
Typical vessel traffic on the Cape Fear
River includes a variety of vessels from
freighters, tug and barge traffic, and
recreational vessels. Vessels that can
pass under the bridge without a bridge
opening may continue to do so at
anytime. There are no alternate routes
for vessels transiting this section of the
Cape Fear River. The drawbridge will be
able to open in the event of an
emergency. The Coast Guard has
carefully coordinated the restrictions
with commercial and recreational
waterway users. The Coast Guard will
inform all users of the waterway
through our Local and Broadcast Notice
to Mariners of the closure periods for
the bridge so that vessels can arrange
their transits to minimize any impacts
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
VerDate Mar<15>2010
17:37 Feb 13, 2014
Jkt 232001
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 6, 2014.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2014–03307 Filed 2–13–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0528; FRL–9906–60–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the New Source Review
(NSR) State Implementation Plan (SIP);
Standard Permit for Oil and Gas
Facilities and Standard Permit
Applicability
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the revisions
to the Texas New Source Review (NSR)
State Implementation Plan (SIP)
submitted by the Texas Commission on
Environmental Quality (TCEQ) on
September 20, 1995; April 19, 1996; July
22, 1998; and September 11, 2000.
These revisions to the Texas SIP
establish the Standard Permit for
Installation and/or Modification of Oil
and Gas Facilities. EPA is also
approving non-substantive revisions to
the Texas Standard Permit SIP rules
relating to applicability, submitted on
February 1, 2006, and March 11, 2011.
EPA is taking these actions in
accordance with section 110 of the
Clean Air Act (CAA).
DATES: This final rule is effective on
March 17, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0528. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
SUMMARY:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
8861
electronically through 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. Contact the person listed
in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an
appointment.
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, Air Permits Section (6PD–
R), telephone (214) 665–2115, email
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The background for today’s action is
discussed in detail in our December 24,
2013, proposal (78 FR 77261). In that
notice, we proposed to approve four
submittals from the State of Texas as
revisions to the Texas New Source
Review (NSR) State Implementation
Plan (SIP) that incorporate the Standard
Permit for Installation and/or
Modification of Oil and Gas Facilities
(hereafter referred to as the ‘‘Oil and Gas
Standard Permit’’). Texas initially
submitted the Standard Permit
provisions on September 20, 1995, and
submitted subsequent revisions to those
provisions on April 19, 1996; July 22,
1998; and September 11, 2000. The
proposed approval and accompanying
Technical Support Document explain
the existing SIP-approved Standard
Permit Program in Texas; give a
summary of each of the submittals being
addressed in this action; and explain
how those submittals comply with the
applicable federal requirements. The
proposal further explains that the Oil
and Gas Standard Permit includes
standardized conditions for the
emission units located at oil and gas
facilities that may be authorized by the
Standard Permit. If a proposed project at
an oil and gas facility includes any
emission units that are not explicitly
covered by the Oil and Gas Standard
Permit, the permit applicant must
obtain another type of Standard Permit
authorization, a permit-by-rule (PBR) or,
if necessary, case-by-case NSR
permitting for authorization.
In the December 24, 2013 proposal,
we also proposed to approve submittals
from the State of Texas as a revision to
the NSR SIP that contain nonsubstantive changes to the applicability
E:\FR\FM\14FER1.SGM
14FER1
8862
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
provisions of the Standard Permits SIP
permitting program. Texas submitted
revisions to the Standard Permit
applicability provisions on February 1,
2006 and resubmitted them on March
11, 2011.
II. Response to Comments
We received comments from the
Texas Commission on Environmental
Quality (TCEQ) and the Texas Pipeline
Association (TPA) on our December 24,
2013 proposal. The comments we
received can be accessed from the
www.regulations.gov Web site (Docket
No. EPA–R06–OAR–2011–0528).
Generally, both the TCEQ and TPA were
supportive of our proposed action and
expressed agreement with our analysis.
However, each commenter provided the
following information concerning our
proposed rulemaking for which EPA
would like to provide clarification.
Comment 1: The TCEQ notes that the
commission adopts standard permits in
an open meeting, for which notice is
posted at least seven days in advance
and which provides additional
opportunity for public comment on the
standard permit. Further, registration is
required for the Oil and Gas Standard
Permit.
Response 1: EPA acknowledges the
TCEQ’s support of our rulemaking and
appreciates the additional information
provided by the TCEQ regarding the
rules and processes for implementing
the Standard Permit program. We agree
that, in addition to a public hearing, the
TCEQ is required to adopt Rule
Standard Permits in an open meeting
and post notice of the open meeting
seven days in advance of the event. The
public meetings provided the public
with an additional opportunity for
public comment on the Oil and Gas
Standard Permit as adopted and
amended. EPA has prepared a
Supplement to the Technical Support
Document to include the clarification
from TCEQ. This Supplement to the
Technical Support Document is
available in our rulemaking docket,
EPA–R06–OAR–2011–0528. EPA also
recognizes that applicants must register
the use of the Standard Permit.
Comment 2: The TPA commented that
‘‘Through incorporation by reference in
TCEQ’s Non-Rule Standard Permit, the
terms of the Oil and Gas Standard
Permit continue to authorize existing
and unchanged facilities throughout the
State of Texas and new projects and
dependent facilities in all Texas
counties except for 15 counties located
in the Barnett Shale area.’’
Response 2: EPA acknowledges the
support of the TPA for our rulemaking,
but must clarify and correct that
VerDate Mar<15>2010
17:37 Feb 13, 2014
Jkt 232001
statement made in Comment 2 above.
The Oil and Gas Standard Permit
addressed in this action is a separate
Minor NSR permit mechanism from the
Non-Rule Standard Permit for Oil and
Gas. While similar source categories are
authorized under each, the Non-Rule
Standard Permit for Oil and Gas applies
only to the 15 counties in the Barnett
Shale region. The Oil and Gas Standard
Permit applies throughout the State of
Texas, with the exception of the 15
counties, for the listed categories of
sources. Additionally, Texas
promulgated this Oil and Gas Standard
Permit by regulation at 30 TAC 116.620,
and it is not incorporated into the NonRule Standard Permit, which was
developed through a separate process
under the SIP.1
III. Final Action
We are approving SIP submittals from
the State of Texas for the Minor NSR Oil
and Gas Standard Permit at 30 TAC
Section 116.620 as submitted September
20, 1995; April 19, 1996; July 22, 1998;
and September 11, 2000. The types of
emission units that may be authorized
by this section are the following:
Internal combustion engines (ICEs),
natural gas turbines (NG turbines),
flares, other combustion units (design
heat input >40 million BTU per hour),
natural gas glycol dehydration units,
storage tanks, separators, condensers,
vapor recovery units, process vents, and
process fugitives. We are also approving
the submittals for the Standard Permit
SIP rules making non-substantive
changes to the Standard Permit
applicability provisions in 30 TAC
Sections 116.610(a) and (b) as submitted
February 1, 2006, and resubmitted
March 11, 2011. We are approving these
SIP revisions in accordance with section
110 of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Clean Air 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
1 Texas adopted the Non-Rule Standard Permit in
accordance with 30 TAC Section116.601(a)(2). EPA
approved this process for Texas to adopt non-rule
standard permits into the Texas SIP on November
14, 2003. 68 FR 64543.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this action and other
required information to the U.S. Senate,
E:\FR\FM\14FER1.SGM
14FER1
8863
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations
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 April 15, 2014.
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,
Hydrocarbons, Intergovernmental
relations, Lead, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: February 3, 2014.
Ron Curry,
Regional Administrator, Region 6.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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) titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by revising the
entry for 116.610 and adding a new
entry for Section 116.620 immediately
after the entry for Section 116.615.
The amendments read as follows:
■
§ 52.2270
40 CFR Part 52 is amended as follows:
*
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 F—Standard Permits
*
Section 116.610 .............
*
*
Applicability ...................
1/11/2006
*
*
2/14/2014 [Insert FR
page number where
document begins].
*
*
The SIP does not include subsection 116.610(d).
*
Section 116.620 .............
*
*
Installation and/or Modification of Oil and
Gas Facilities.
8/9/2000
*
*
2/14/2014 [Insert FR
page number where
document begins].
*
*
The types of emission units that may be authorized by this section are the following:
• Internal combustion engines (ICEs),
• Natural gas turbines (NG turbines),
• Flares,
• Other combustion units (design heat input
>40 million BTU per hour),
• Natural gas glycol dehydration units,
• Storage tanks,
• Separators,
• Condensers,
• Vapor recovery units,
• Process vents, and
• Process fugitives
*
*
*
*
*
*
*
*
*
*
LEGAL SERVICES CORPORATION
tkelley on DSK3SPTVN1PROD with RULES
[FR Doc. 2014–03173 Filed 2–13–14; 8:45 am]
45 CFR Part 1611
BILLING CODE 6560–50–P
Income Level for Individuals Eligible
for Assistance
Legal Services Corporation.
Correcting amendments.
AGENCY:
ACTION:
VerDate Mar<15>2010
17:37 Feb 13, 2014
Jkt 232001
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
*
*
The Legal Services
Corporation (Corporation) published a
document in the Federal Register on
February 5, 2014 (79 FR 6836), revising
Corporation rules. The heading for the
table in Appendix A to Part 1611 of this
document incorrectly lists the
information as the Legal Services
Corporation 2013 Income Guidelines,
SUMMARY:
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Rules and Regulations]
[Pages 8861-8863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03173]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0528; FRL-9906-60-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to the New Source Review (NSR) State Implementation Plan
(SIP); Standard Permit for Oil and Gas Facilities and Standard Permit
Applicability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
revisions to the Texas New Source Review (NSR) State Implementation
Plan (SIP) submitted by the Texas Commission on Environmental Quality
(TCEQ) on September 20, 1995; April 19, 1996; July 22, 1998; and
September 11, 2000. These revisions to the Texas SIP establish the
Standard Permit for Installation and/or Modification of Oil and Gas
Facilities. EPA is also approving non-substantive revisions to the
Texas Standard Permit SIP rules relating to applicability, submitted on
February 1, 2006, and March 11, 2011. EPA is taking these actions in
accordance with section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective on March 17, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0528. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through 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. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make
an appointment.
FOR FURTHER INFORMATION CONTACT: Adina Wiley, Air Permits Section (6PD-
R), telephone (214) 665-2115, email wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The background for today's action is discussed in detail in our
December 24, 2013, proposal (78 FR 77261). In that notice, we proposed
to approve four submittals from the State of Texas as revisions to the
Texas New Source Review (NSR) State Implementation Plan (SIP) that
incorporate the Standard Permit for Installation and/or Modification of
Oil and Gas Facilities (hereafter referred to as the ``Oil and Gas
Standard Permit''). Texas initially submitted the Standard Permit
provisions on September 20, 1995, and submitted subsequent revisions to
those provisions on April 19, 1996; July 22, 1998; and September 11,
2000. The proposed approval and accompanying Technical Support Document
explain the existing SIP-approved Standard Permit Program in Texas;
give a summary of each of the submittals being addressed in this
action; and explain how those submittals comply with the applicable
federal requirements. The proposal further explains that the Oil and
Gas Standard Permit includes standardized conditions for the emission
units located at oil and gas facilities that may be authorized by the
Standard Permit. If a proposed project at an oil and gas facility
includes any emission units that are not explicitly covered by the Oil
and Gas Standard Permit, the permit applicant must obtain another type
of Standard Permit authorization, a permit-by-rule (PBR) or, if
necessary, case-by-case NSR permitting for authorization.
In the December 24, 2013 proposal, we also proposed to approve
submittals from the State of Texas as a revision to the NSR SIP that
contain non-substantive changes to the applicability
[[Page 8862]]
provisions of the Standard Permits SIP permitting program. Texas
submitted revisions to the Standard Permit applicability provisions on
February 1, 2006 and resubmitted them on March 11, 2011.
II. Response to Comments
We received comments from the Texas Commission on Environmental
Quality (TCEQ) and the Texas Pipeline Association (TPA) on our December
24, 2013 proposal. The comments we received can be accessed from the
www.regulations.gov Web site (Docket No. EPA-R06-OAR-2011-0528).
Generally, both the TCEQ and TPA were supportive of our proposed action
and expressed agreement with our analysis. However, each commenter
provided the following information concerning our proposed rulemaking
for which EPA would like to provide clarification.
Comment 1: The TCEQ notes that the commission adopts standard
permits in an open meeting, for which notice is posted at least seven
days in advance and which provides additional opportunity for public
comment on the standard permit. Further, registration is required for
the Oil and Gas Standard Permit.
Response 1: EPA acknowledges the TCEQ's support of our rulemaking
and appreciates the additional information provided by the TCEQ
regarding the rules and processes for implementing the Standard Permit
program. We agree that, in addition to a public hearing, the TCEQ is
required to adopt Rule Standard Permits in an open meeting and post
notice of the open meeting seven days in advance of the event. The
public meetings provided the public with an additional opportunity for
public comment on the Oil and Gas Standard Permit as adopted and
amended. EPA has prepared a Supplement to the Technical Support
Document to include the clarification from TCEQ. This Supplement to the
Technical Support Document is available in our rulemaking docket, EPA-
R06-OAR-2011-0528. EPA also recognizes that applicants must register
the use of the Standard Permit.
Comment 2: The TPA commented that ``Through incorporation by
reference in TCEQ's Non-Rule Standard Permit, the terms of the Oil and
Gas Standard Permit continue to authorize existing and unchanged
facilities throughout the State of Texas and new projects and dependent
facilities in all Texas counties except for 15 counties located in the
Barnett Shale area.''
Response 2: EPA acknowledges the support of the TPA for our
rulemaking, but must clarify and correct that statement made in Comment
2 above. The Oil and Gas Standard Permit addressed in this action is a
separate Minor NSR permit mechanism from the Non-Rule Standard Permit
for Oil and Gas. While similar source categories are authorized under
each, the Non-Rule Standard Permit for Oil and Gas applies only to the
15 counties in the Barnett Shale region. The Oil and Gas Standard
Permit applies throughout the State of Texas, with the exception of the
15 counties, for the listed categories of sources. Additionally, Texas
promulgated this Oil and Gas Standard Permit by regulation at 30 TAC
116.620, and it is not incorporated into the Non-Rule Standard Permit,
which was developed through a separate process under the SIP.\1\
---------------------------------------------------------------------------
\1\ Texas adopted the Non-Rule Standard Permit in accordance
with 30 TAC Section116.601(a)(2). EPA approved this process for
Texas to adopt non-rule standard permits into the Texas SIP on
November 14, 2003. 68 FR 64543.
---------------------------------------------------------------------------
III. Final Action
We are approving SIP submittals from the State of Texas for the
Minor NSR Oil and Gas Standard Permit at 30 TAC Section 116.620 as
submitted September 20, 1995; April 19, 1996; July 22, 1998; and
September 11, 2000. The types of emission units that may be authorized
by this section are the following: Internal combustion engines (ICEs),
natural gas turbines (NG turbines), flares, other combustion units
(design heat input >40 million BTU per hour), natural gas glycol
dehydration units, storage tanks, separators, condensers, vapor
recovery units, process vents, and process fugitives. We are also
approving the submittals for the Standard Permit SIP rules making non-
substantive changes to the Standard Permit applicability provisions in
30 TAC Sections 116.610(a) and (b) as submitted February 1, 2006, and
resubmitted March 11, 2011. We are approving these SIP revisions in
accordance with section 110 of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate,
[[Page 8863]]
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 April 15, 2014. 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, Hydrocarbons, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 3, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR Part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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) titled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entry for 116.610 and adding
a new entry for Section 116.620 immediately after the entry for Section
116.615.
The amendments 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 F--Standard Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.610................. Applicability...... 1/11/2006 2/14/2014 [Insert The SIP does not
FR page number include subsection
where document 116.610(d).
begins].
* * * * * * *
Section 116.620................. Installation and/or 8/9/2000 2/14/2014 [Insert The types of emission
Modification of FR page number units that may be
Oil and Gas where document authorized by this
Facilities. begins]. section are the
following:
Internal
combustion engines
(ICEs),
Natural gas
turbines (NG
turbines),
Flares,
Other
combustion units
(design heat input
>40 million BTU per
hour),
Natural gas
glycol dehydration
units,
Storage
tanks,
Separators,
Condensers,
Vapor
recovery units,
Process
vents, and
Process
fugitives
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-03173 Filed 2-13-14; 8:45 am]
BILLING CODE 6560-50-P
