Approval and Promulgation of Air Quality Implementation Plans; Texas; Repeal of Lead Emission Rules for Stationary Sources in El Paso and Dallas County, 73842-73844 [2014-29146]
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73842
Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations
authorization of the agency, shall be
liable to the Federal Government for the
amount of the transaction, plus interest.
The Service may collect such funds
using procedures established in the
applicable ACH Rules or by instructing
a Federal Reserve Bank to debit the
ODFI’s account at the Federal Reserve
Bank of the account of its designated
correspondent. The interest charge shall
be at a rate equal to the Federal funds
rate plus two percent, and shall be
assessed for each calendar day, from the
day the Treasury General Account
(TGA) was debited to the day the TGA
is recredited with the full amount due.
(2) An RDFI that accepts an
authorization in violation of § 210.4(a)
shall be liable to the Federal
Government for all credits or debits
made in reliance on the authorization.
An RDFI that transmits to an agency an
authorization containing an incorrect
account number shall be liable to the
Federal Government for any resulting
loss, up to the amount of the payment(s)
made on the basis of the incorrect
number. If an agency determines, after
appropriate investigation, that a loss has
occurred because an RDFI transmitted
an authorization or notification of
change containing an incorrect account
number, the agency may instruct the
Service to direct a Federal Reserve Bank
to debit the RDFI’s account for the
amount of the payment(s) made on the
basis of the incorrect number. The
agency shall notify the RDFI of the
results of its investigation and provide
the RDFI with a reasonable opportunity
to respond before initiating such a debit.
*
*
*
*
*
Dated: December 9, 2014.
Margaret Marquette,
Chief Counsel, Bureau of the Fiscal Service.
[FR Doc. 2014–29198 Filed 12–11–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0875]
rljohnson on DSK3VPTVN1PROD with RULES
Drawbridge Operation Regulation;
Mississippi River, Clinton, IA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Clinton
Railroad Drawbridge, across the Upper
SUMMARY:
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14:38 Dec 11, 2014
Jkt 235001
Mississippi River, mile 518.0, at
Clinton, Iowa. The deviation is
necessary to allow the bridge owner
time to perform preventive maintenance
that is essential to the continued safe
operation of the drawbridge.
Maintenance is scheduled in the winter
when there is less impact on navigation;
instead of scheduling work in the
summer, when river traffic increases.
This deviation allows the bridge to open
on signal if at least 24-hours advance
notice is given. It further allows the
bridge to open on signal if at least 72hours advance notice is given from
January 5, 2015 to February 13, 2015.
DATES: This deviation is effective from
5 p.m., December 15, 2014 until 9 a.m.,
March 1, 2015.
ADDRESSES: The docket for this
deviation, (USCG–2014–0875) is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
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 Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
314–269–2378, email Eric.Washburn@
uscg.mil. If you have questions on
viewing the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The Union
Pacific Railroad requested a temporary
deviation for the Clinton Railroad
Drawbridge, across the Upper
Mississippi River, mile 518.0, at
Clinton, Iowa to open on signal if at
least 24-hours advance notice is given
for 76 days from 5 p.m., December 15,
2014 to 9 a.m., March 1, 2015 for
scheduled maintenance on the bridge.
The deviation further allows the bridge
to open on signal if at least 72-hours
advance notice from 8 a.m. January 5,
2015 until 5 p.m. February 13, 2015.
The Clinton Railroad Drawbridge
currently operates in accordance with
33 CFR 117.5, which states the general
requirement that drawbridge shall open
on signal.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
Winter conditions on the Upper
Mississippi River coupled with the
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closure of Army Corps of Engineer’s
Lock No. 17 (Mile 437.1 UMR) and Lock
No. 20 (Mile 343.2 UMR) from 7 a.m.
January 5, 2015 until 12 p.m., March 6,
2015 will preclude any significant
navigation demands for the drawspan
opening. In addition, Army Corps Lock
No. 12 (Mile 556.7 UMR) and Lock No.
13 (Mile 522.5 UMR) will be closed
from 7:30 a.m., December 15, 2014 until
11 a.m. March 4, 2015.
The Clinton Railroad Drawbridge, in
the closed-to-navigation position,
provides a vertical clearance of 18.7 feet
above normal pool. Navigation on the
waterway consists primarily of
commercial tows and recreational
watercraft and will not be significantly
impacted. This temporary deviation has
been coordinated with waterway users
and will not be significantly impacted.
No objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
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: November 25, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014–29212 Filed 12–11–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–TX–0002; FRL–9920–
34–Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Repeal of Lead Emission Rules for
Stationary Sources in El Paso and
Dallas County
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the State
Implementation Plan (SIP) for Texas
which repeals lead emission rules
which cover stationary sources in El
Paso and Dallas county that are no
longer in existence. This action is being
taken under section 110(k) and part D of
the Clean Air Act (CAA).
DATES: This rule is effective on February
10, 2015 without further notice, unless
EPA receives relevant adverse comment
by January 12, 2015. If EPA receives
such comment, EPA will publish a
SUMMARY:
E:\FR\FM\12DER1.SGM
12DER1
rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R06–
OAR–2005–TX–0002, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions.
• Email: Mr. Kenneth W. Boyce at
boyce.kenneth@epa.gov.
• Mail or Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2005–
TX–0002. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index and in hard copy at EPA Region
6, 1445 Ross Avenue, Suite 700, Dallas,
Texas. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
VerDate Sep<11>2014
14:38 Dec 11, 2014
Jkt 235001
copyrighted material), and some may
not be publicly available at either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth W. Boyce (6PD–L), Air
Planning Section, telephone (214) 665–
7259, fax (214) 665–6762, email:
boyce.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. Background
II. EPA Review
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The lead rules contained at 30 Texas
Administrative Code Chapter 113 were
adopted in 1984 as a result of emissions
from a primary lead smelter (ASARCO)
located in El Paso County, and two
secondary lead smelters (battery
recycling facilities) located in Dallas
County (RSR and Dixie Metals).
Subsequently, the lead processes in all
three facilities were shut down and the
equipment dismantled. Under its
Regulation Reform initiative, the Texas
Natural Resource Conservation
Commission repealed these lead rules
which were adopted to control site
specific sources of lead in Dallas and El
Paso Counties which are no longer in
existence.
II. EPA review
Texas’ SIP revision to eliminate the
lead rules was deemed complete by
operation of law on August 5, 1999.
These lead rules were adopted to
control emissions from specific sources
that are no longer in existence. A review
of the emissions inventory for lead
sources in Dallas and El Paso Counties
confirms that there are no other
operational primary or secondary lead
smelters located within El Paso or
Dallas counties. Therefore, it is no
longer necessary for these rules to be
included in the Texas SIP. Any new
sources of lead in the future will have
to demonstrate their operation will not
cause violations of the more recent 2008
National Ambient Air Quality standard
for lead before receiving a permit to
construct. This Standard is much more
stringent than the Standard that was in
place in 1999. Therefore, as required by
section 110(l) of the CAA, these
revisions will not interfere with
attainment or contribute to
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73843
nonattainment of any national ambient
air quality standard and do not interfere
with any other requirement of the CAA.
Therefore, EPA is approving these
revisions to the Texas SIP.
III. Final Action
In accordance with Section 110(a) and
(l) and 40 CFR part 51, EPA is taking
direct final action to approve the State
of Texas’ January 13, 1999 SIP revision
submittal which repealed its lead
emission rules which applied to
operating stationary sources in both El
Paso County and Dallas County that are
no longer in existence.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on February 10, 2015
without further notice unless we receive
relevant adverse comment by January
12, 2015. If we receive relevant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
relevant adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse 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 CAA. Accordingly,
this action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
E:\FR\FM\12DER1.SGM
12DER1
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any
Indian reservation land or in any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it 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 rule 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).
VerDate Sep<11>2014
14:38 Dec 11, 2014
Jkt 235001
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 10, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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, Lead.
Dated: November 19, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
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
§ 52.2270
[Amended]
2. In § 52.2270(c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by removing the
centered headings and entries for
‘‘Chapter 113 (Reg 3)—Control of Air
Pollution From Toxic Materials’’.
■
[FR Doc. 2014–29146 Filed 12–11–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[GC Docket No. 10–44; FCC 14–179]
The Commission’s Rules of Practice
and Procedure Relating to the Filing of
Formal Complaints and Pole
Attachment Complaints
Federal Communications
Commission.
ACTION: Final rules.
AGENCY:
This document amends
procedural rules implemented by the
Commission’s 2011 determination that
docketing and electronic filing be
utilized in proceedings involving
‘‘[n]ewly filed formal common carrier
SUMMARY:
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complaints and newly filed pole
attachment complaints before the
Enforcement Bureau.’’ The rule changes
also apply to future filings made in
existing Section 208 formal complaints
and pole attachment complaints. In
addition, the amendments make a few
procedural changes to existing Section
208 formal complaint and pole
attachment complaint filing rules to
create uniformity among them and ease
of administration for parties and staff
when initiating service of pleadings or
filing confidential matters with the
Commission. The rules further establish
a single electronic inbox within
Electronic Comment Filing System
(ECFS) to handle the initial filing of the
above-identified new complaints.
Accepted complaints will receive a
distinct ECFS docket number; rejected
complaints will remain on ECFS but
will be stored within the Inbox.
DATES: Effective January 12, 2015.
FOR FURTHER INFORMATION CONTACT:
Tracy Bridgham, Enforcement Bureau,
Federal Communications Commission,
Tracy.Bridgham@fcc.gov, (202) 418–
0967.
SUPPLEMENTARY INFORMATION: This
document, adopted on November 5,
2014 and released on November 12,
2014, GC Docket No. 10–44, FCC 14–
179, revises several sections of 47 CFR
part 1. The rule changes will facilitate
and enhance public participation in
Commission section 208 formal
complaint and section 224 pole
attachment complaint proceedings,
thereby making the Commission’s
decision-making process more efficient,
modern, and transparent.
Regulatory Flexibility Act. The actions
taken in this Order do not require notice
and comment, and therefore fall outside
the Regulatory Flexibility Act of 1980, 5
U.S.C. 601(2); 603(a), as amended. We
nonetheless anticipate that the rules we
adopt today will not have a significant
economic impact on a substantial
number of small entities. As described
above, the rules relate to our internal
procedures and do not impose new
substantive responsibilities on regulated
entities. There is no reason to believe
that operation of the revised rules will
impose significant costs on parties to
Commission proceedings. To the
contrary, we take today’s actions with
the expectation that, overall, they will
make dealings with the Commission
quicker, easier, and less costly for
entities of all sizes.
Paperwork Reduction Act. Although
the rule sections affected by this
proceeding have information collections
associated with them, the Office of
Management and Budget has
E:\FR\FM\12DER1.SGM
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Agencies
[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73842-73844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29146]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-TX-0002; FRL-9920-34-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Repeal of Lead Emission Rules for Stationary Sources in El Paso
and Dallas County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the State Implementation Plan
(SIP) for Texas which repeals lead emission rules which cover
stationary sources in El Paso and Dallas county that are no longer in
existence. This action is being taken under section 110(k) and part D
of the Clean Air Act (CAA).
DATES: This rule is effective on February 10, 2015 without further
notice, unless EPA receives relevant adverse comment by January 12,
2015. If EPA receives such comment, EPA will publish a
[[Page 73843]]
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-R06-
OAR-2005-TX-0002, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. Kenneth W. Boyce at boyce.kenneth@epa.gov.
Mail or Delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-TX-0002. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index and in hard copy at EPA Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas. While all documents in the docket are
listed in the index, some information may be publicly available only at
the hard copy location (e.g., copyrighted material), and some may not
be publicly available at either location (e.g., CBI). To inspect the
hard copy materials, please schedule an appointment with the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at 214-665-7253.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth W. Boyce (6PD-L), Air
Planning Section, telephone (214) 665-7259, fax (214) 665-6762, email:
boyce.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Table of Contents
I. Background
II. EPA Review
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
The lead rules contained at 30 Texas Administrative Code Chapter
113 were adopted in 1984 as a result of emissions from a primary lead
smelter (ASARCO) located in El Paso County, and two secondary lead
smelters (battery recycling facilities) located in Dallas County (RSR
and Dixie Metals). Subsequently, the lead processes in all three
facilities were shut down and the equipment dismantled. Under its
Regulation Reform initiative, the Texas Natural Resource Conservation
Commission repealed these lead rules which were adopted to control site
specific sources of lead in Dallas and El Paso Counties which are no
longer in existence.
II. EPA review
Texas' SIP revision to eliminate the lead rules was deemed complete
by operation of law on August 5, 1999. These lead rules were adopted to
control emissions from specific sources that are no longer in
existence. A review of the emissions inventory for lead sources in
Dallas and El Paso Counties confirms that there are no other
operational primary or secondary lead smelters located within El Paso
or Dallas counties. Therefore, it is no longer necessary for these
rules to be included in the Texas SIP. Any new sources of lead in the
future will have to demonstrate their operation will not cause
violations of the more recent 2008 National Ambient Air Quality
standard for lead before receiving a permit to construct. This Standard
is much more stringent than the Standard that was in place in 1999.
Therefore, as required by section 110(l) of the CAA, these revisions
will not interfere with attainment or contribute to nonattainment of
any national ambient air quality standard and do not interfere with any
other requirement of the CAA. Therefore, EPA is approving these
revisions to the Texas SIP.
III. Final Action
In accordance with Section 110(a) and (l) and 40 CFR part 51, EPA
is taking direct final action to approve the State of Texas' January
13, 1999 SIP revision submittal which repealed its lead emission rules
which applied to operating stationary sources in both El Paso County
and Dallas County that are no longer in existence.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on February 10, 2015
without further notice unless we receive relevant adverse comment by
January 12, 2015. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse 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 CAA. Accordingly,
this action merely approves state law as meeting federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
[[Page 73844]]
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or in
any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 rule 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 10, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Lead.
Dated: November 19, 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
Sec. 52.2270 [Amended]
0
2. In Sec. 52.2270(c), the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by removing the centered headings and
entries for ``Chapter 113 (Reg 3)--Control of Air Pollution From Toxic
Materials''.
[FR Doc. 2014-29146 Filed 12-11-14; 8:45 am]
BILLING CODE 6560-50-P