Approval and Promulgation of Implementation Plans; Texas; Public Participation for Air Quality Permit Applications, 16573-16576 [2015-07124]
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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 29, 2015.
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, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 17, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
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 BB—Montana
2. Section 52.1373 is amended by
revising paragraph (b) to read as follows:
■
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§ 52.1373 Control strategy: Carbon
monoxide.
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(b) Revisions to the Montana State
Implementation Plan, revised Carbon
Monoxide Maintenance Plan for
Billings, as submitted by the Governor’s
Designee on July 13, 2011, and the
associated Alternative Monitoring
Strategy for Billings, as submitted by the
Governor’s Designee on June 22, 2012.
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[FR Doc. 2015–07227 Filed 3–27–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0033; FRL–9925–19–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Public
Participation for Air Quality Permit
Applications
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve two provisions
submitted by the State of Texas as
revisions to the Texas State
Implementation Plan (SIP) on July 2,
2010, specific to the applicability of the
public notice requirements to
applications for Plant-Wide
Applicability (PAL) permits and
standard permits for concrete batch
plants without enhanced controls.
Today’s direct final action will complete
the rulemaking process started in our
December 13, 2012, proposal and
approve the public notice provisions
into the Texas SIP. The EPA is also
taking direct final action to convert the
public notice applicability provisions
for Texas Flexible Permits from a final
conditional approval to a full approval.
The EPA is taking this action under
section 110 and parts C and D of the
Clean Air Act (CAA or the Act).
DATES: This rule is effective on May 29,
2015 without further notice, unless the
EPA receives relevant adverse
comments by April 29, 2015. If the EPA
receives such comments, the EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0033, by one of the
following methods:
SUMMARY:
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16573
• https://www.regulations.gov: Follow
the on-line instructions.
• Email: Adina Wiley at wiley.adin&
• Mail or delivery: Ms. Adina Wiley,
Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2015–
0033. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Do not submit
information through https://
www.regulations.gov or email, if you
believe that it is CBI or otherwise
protected from disclosure. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means that the 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 the EPA without
going through https://
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, the EPA
recommends that you include your
name and other contact information in
the body of your comment along with
any disk or CD–ROM submitted. If the
EPA cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters and any form of
encryption and should be free of any
defects or viruses. For additional
information about the EPA’s public
docket, visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov 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).
FOR FURTHER INFORMATION CONTACT: Ms.
Adina Wiley, 214–665–2115,
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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
wiley.adina@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Adina Wiley or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
II. The EPA’s Evaluation
A. Public Notice Applicability for
Applications for PALs and Standard
Permits for Concrete Batch Plants
Without Enhanced Controls
B. Public Notice Applicability for
Applications for New and Amended
Flexible Permits
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
asabaliauskas on DSK5VPTVN1PROD with RULES
I. Background
The Clean Air Act at section
110(a)(2)(C) requires States to develop
and implement permitting programs for
attainment and nonattainment areas that
cover both construction and
modification of stationary sources. The
EPA codified minimum requirements
for these State permitting programs
including public participation and
notification requirements at 40 CFR
51.160—51.164.
On June 2, 2010, the Texas
Commission on Environmental Quality
(TCEQ) adopted amendments to 30 TAC
Chapter 39, Public Notice; Chapter 55,
Requests for Reconsideration and
Contested Case Hearings; Public
Comment; and Chapter 116, Control of
Air Pollution by Permits for New
Construction or Modification; and
corresponding revisions to the Texas
SIP. Chairman Bryan W. Shaw, Ph.D.,
submitted these amendments to the EPA
for approval as revisions to the Texas
SIP in a letter dated July 2, 2010.
The EPA has taken final action on the
majority of the July 2, 2010, SIP
submittal for public notice. But, through
inadvertent errors, we have neglected to
complete the rulemaking process for the
public notice applicability provisions
for applications for PAL permits at 30
TAC section 39.402(a)(8), standard
permits for concrete batch plants
without enhanced controls at 30 TAC
section 39.402(a)(11), and new and
amended flexible permits at 30 TAC
section 39.402(a)(4) and (a)(5).
II. The EPA’s Evaluation
A. Public Notice Applicability for
Applications for PALs and Standard
Permits for Concrete Batch Plants
Without Enhanced Controls
The EPA proposed approval of the
majority of the July 2, 2010, Texas SIP
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submittal on December 13, 2012, at 77
FR 74129. In this proposed rulemaking
and our accompanying Technical
Support Document, the EPA presented
our evaluation and preliminary
determination for the applicability of
the public notice requirements for
applications for PAL permits at 30 TAC
39.402(a)(8) and standard permits for
concrete batch plants without enhanced
controls at 30 TAC 39.402(a)(11). In
both instances, we determined that the
public notice provisions in Chapter 39
for each type of permit application were
consistent with all applicable federal
requirements and would be fully
approvable into the Texas SIP. However,
we neglected to include the specific
provisions at 30 TAC 39.402(a)(8) and
39.402(a)(11) in our ‘‘Proposed Action’’
statement in the December 13, 2012,
Federal Register document. While the
public had the opportunity to review
and comment on our evaluation and
preliminary determination of
approvability of these provisions, we
never formally proposed these
provisions for approval into the Texas
SIP. As such, we did not finalize
approval of 30 TAC 39.402(a)(8) and
(a)(11) with the majority of the public
notice provisions on January 6, 2014 at
79 FR 551.
Please see the EPA’s December 13,
2012, proposed approval at 77 FR 74129
for our technical evaluation. The
evaluation of the applicability of the
public notice provisions for PAL permit
applications can be found at page
74136. The evaluation of the
applicability of the public notice
provisions for permit applications for
standard permits for concrete batch
plants can be found at pages 74136–
74140. The Technical Support
Document dated December 12, 2012,
available in the rulemaking docket for
this action, provides additional details
to support our determination that the
public notice applicability provisions at
30 TAC 39.402(a)(8) and (a)(11) are
consistent with federal requirements
and fully approvable into the Texas SIP.
We incorporate our previous evaluation
of these two provisions into this action.
We note that because the evaluation was
included in our previous preamble and
TSD, we did accept and respond to any
comments received regarding the
applicability of public notice provisions
for applications for PALs and standard
permits for concrete batch plants
without enhanced controls. The EPA
received and responded to comments
about PAL public notice, but none
specific to the applicability provision at
30 TAC section 39.402(a)(8). See 79 FR
551, at 556 and 557–558. Our evaluation
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and preliminary determination of
approvability did not change as a result
of these comments. The EPA did not
receive any comments specific to the
applicability of the public notice
provisions for standard permits for
concrete batch plants without enhanced
controls at 30 TAC 39.402(a)(11);
therefore our evaluation of that
provision also remains unchanged.
Today’s final action is merely
correcting our previous error in failing
to propose and finalize incorporation of
these two provisions into the SIP on the
basis of our previous technical
evaluation and preliminary
determination. The EPA has not
changed our rationale. We continue to
believe that 30 TAC 39.402(a)(8) and
(a)(11) are fully approvable and it is our
intent to include these provisions in the
Texas SIP.
B. Public Notice Applicability for
Applications for New and Amended
Flexible Permits
The EPA finalized a conditional
approval of the Texas Flexible Permits
Program on July 14, 2014, at 79 FR
40666. Our final action included
conditional approval of the public
notice applicability provisions for
applications for new and amended
flexible permits at 30 TAC sections
39.402(a)(4) and (a)(5) as submitted on
July 2, 2010. As a result of this action,
the public notice provisions at 30 TAC
sections 39.402(a)(4) and (a)(5) became
a part of the Texas SIP contingent upon
the TCEQ satisfying the conditions of
the December 9, 2013, commitment
letter.1
In a subsequent proposed rulemaking
on December 31, 2014, the EPA
determined that the TCEQ satisfied all
commitments from the December 9,
2013, commitment letter and thus we
proposed to convert our final
conditional approval of the Texas
Flexible Permits Program to a full
approval. See 79 FR 78752. However,
we neglected to include the public
notice applicability provisions at 30
TAC section 39.402(a)(4) and (a)(5) in
that proposal.
Today’s final action is merely
correcting our previous error in failing
to include the public notice
applicability provisions for Flexible
Permits in our December 2014 proposal
to convert the conditional approval to a
full approval. Because the EPA has
determined that the TCEQ satisfied all
1 The December 9, 2013, commitment letter
required changes to the Flexible Permits Program in
30 TAC Chapter 116, but did not require any
changes to the public notice requirements for new
and amended flexible permits at 30 TAC sections
39.402(a)(4) and (a)(5).
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commitments from the December 9,
2013, commitment letter, the public
notice provisions for the Texas Flexible
Permit program at 30 TAC sections
39.402(a)(4) and (a)(5) should be
converted to a full approval. The
conversion of the remainder of the
conditionally approved Texas Flexible
Permit program to a full approval will
be addressed in a separate rulemaking.
asabaliauskas on DSK5VPTVN1PROD with RULES
III. Final Action
We are approving through a direct
final action revisions to the Texas SIP
that pertain to the applicability of
public notice provisions for PAL permit
applications at 30 TAC section
39.402(a)(8) and for applications for
standard permits for concrete batch
plants without enhanced controls at 30
TAC section 39.402(a)(11). The EPA has
determined that these two provisions
are consistent with all applicable federal
requirements for public notice
requirements for PAL permit
applications and minor NSR. Therefore,
we are approving 30 TAC sections
39.402(a)(8) and 39.402(a)(11) into the
Texas SIP as submitted on July 2, 2010.
In today’s direct final action, the EPA is
also converting our final conditional
approval to a final full approval for the
applicability of public notice provisions
for applications for new and amended
flexible permits at 30 TAC sections
39.402(a)(4) and (a)(5). The EPA is
publishing this rule without prior
proposal because we view this as a noncontroversial 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.
Today’s direct final rule will be
effective on May 29, 2015 without
further notice unless we receive relevant
adverse comment by April 29, 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 those
public comments in a subsequent final
rule based on the proposed rule. Any
parties interested in commenting must
do so at this time. The EPA will not
institute a second comment period on
this action. 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.
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IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference of revisions
to the Texas regulations concerning the
applicability of public notice
requirements as described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through https://www.regulations.gov
and/or in hard copy at the appropriate
EPA office (see the ADDRESSES section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
Regional Administrator’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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 (Public Law 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
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16575
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 the 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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. The 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 May 29, 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, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
Matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
Dated: March 16, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Therefore, 40 CFR part 52 is amended
as follows:
■
Subpart SS—Texas
2. In § 52.2270, the table in paragraph
(c) is amended by revising the entry
‘‘Section 39.402’’ to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
§ 52.2270
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Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
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(c) * * *
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EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State
approval/
submittal
date
Title/subject
*
*
*
EPA approval date
*
Explanation
*
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Chapter 39—Public Notice
Subchapter H—Applicability and General Provisions
Section 39.402 ..........
Applicability to Air Quality Permits and Permit Amendments.
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[FR Doc. 2015–07124 Filed 3–27–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 711
[EPA–HQ–OPPT–2014–0809; FRL–9924–84]
RIN 2070–AK01
Withdrawal of Partial Exemption for
Certain Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In the Federal Register issue
of January 27, 2015, EPA published a
direct final rule that amended the list of
chemical substances that are partially
exempt from reporting additional
information under the Chemical Data
Reporting (CDR) rule to add certain
chemical substances. EPA received an
adverse comment pertinent to all six of
the chemical substances that are the
subject of that rule. This document
accordingly withdraws the direct final
rule.
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
DATES:
This rule is effective March 30,
2015.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Loraine Passe, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
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6/2/2012
3/30/2015 [Insert Federal Register citation].
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Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 564–9064;
email address: passe.loraine@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What rule is being withdrawn?
In the January 27, 2015 Federal
Register (80 FR 4482) (FRL–9921–56),
EPA added certain chemical substances
to the list of chemical substances that
are partially exempt from reporting
additional information under the
Chemical Data Reporting (CDR) rule.
EPA later received an adverse comment
that is pertinent to all six of the
chemical substances that are the subject
of that rule (EPA–HQ–OPPT–2014–
0809). In accordance with the
procedures described in the January 27,
2015 Federal Register document, EPA is
withdrawing the direct final rule. EPA
anticipates that it will publish, in the
near future, a notice proposing to add
these six chemical substances to the list
of chemical substances that are partially
exempt from reporting additional
information under the Chemical Data
Reporting (CDR) rule.
II. How do I access the docket?
To access the docket, please go to
https://www.regulations.gov and follow
the online instructions using the docket
ID number EPA–HQ–OPPT–2014–0809.
Additional information about the
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SIP includes 39.402(a)(1)–(a)(6),
(a)(8), and (a)(11).
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*
*
Docket Facility is also provided under
ADDRESSES in the January 27, 2015
Federal Register document. If you have
questions, consult the person listed
under FOR FURTHER INFORMATION
CONTACT.
III. Statutory and Executive Order
Reviews
The reviews discussed in the January
27, 2015 Federal Register document are
not applicable to this final rule because
it is simply a withdrawal.
IV. Congressional Review Act (CRA)
Pursuant to the CRA, 5 U.S.C. 801 et
seq., EPA will submit a report
containing this rule amendment 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 action in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 711
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements,
Administrative practice and procedure.
Dated: March 20, 2015.
James Jones,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, 40 CFR chapter I is
amended as follows:
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[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16573-16576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07124]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0033; FRL-9925-19-Region 6]
Approval and Promulgation of Implementation Plans; Texas; Public
Participation for Air Quality Permit Applications
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve two provisions submitted by the State of Texas
as revisions to the Texas State Implementation Plan (SIP) on July 2,
2010, specific to the applicability of the public notice requirements
to applications for Plant-Wide Applicability (PAL) permits and standard
permits for concrete batch plants without enhanced controls. Today's
direct final action will complete the rulemaking process started in our
December 13, 2012, proposal and approve the public notice provisions
into the Texas SIP. The EPA is also taking direct final action to
convert the public notice applicability provisions for Texas Flexible
Permits from a final conditional approval to a full approval. The EPA
is taking this action under section 110 and parts C and D of the Clean
Air Act (CAA or the Act).
DATES: This rule is effective on May 29, 2015 without further notice,
unless the EPA receives relevant adverse comments by April 29, 2015. If
the EPA receives such comments, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0033, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions.
Email: Adina Wiley at wiley.adin&
Mail or delivery: Ms. Adina Wiley, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2015-0033. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that the 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 the EPA without going through https://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, the EPA recommends that you include your name and other
contact information in the body of your comment along with any disk or
CD-ROM submitted. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters and any form of encryption and should be free of
any defects or viruses. For additional information about the EPA's
public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov 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).
FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, 214-665-2115,
[[Page 16574]]
wiley.adina@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. The EPA's Evaluation
A. Public Notice Applicability for Applications for PALs and
Standard Permits for Concrete Batch Plants Without Enhanced Controls
B. Public Notice Applicability for Applications for New and
Amended Flexible Permits
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
The Clean Air Act at section 110(a)(2)(C) requires States to
develop and implement permitting programs for attainment and
nonattainment areas that cover both construction and modification of
stationary sources. The EPA codified minimum requirements for these
State permitting programs including public participation and
notification requirements at 40 CFR 51.160--51.164.
On June 2, 2010, the Texas Commission on Environmental Quality
(TCEQ) adopted amendments to 30 TAC Chapter 39, Public Notice; Chapter
55, Requests for Reconsideration and Contested Case Hearings; Public
Comment; and Chapter 116, Control of Air Pollution by Permits for New
Construction or Modification; and corresponding revisions to the Texas
SIP. Chairman Bryan W. Shaw, Ph.D., submitted these amendments to the
EPA for approval as revisions to the Texas SIP in a letter dated July
2, 2010.
The EPA has taken final action on the majority of the July 2, 2010,
SIP submittal for public notice. But, through inadvertent errors, we
have neglected to complete the rulemaking process for the public notice
applicability provisions for applications for PAL permits at 30 TAC
section 39.402(a)(8), standard permits for concrete batch plants
without enhanced controls at 30 TAC section 39.402(a)(11), and new and
amended flexible permits at 30 TAC section 39.402(a)(4) and (a)(5).
II. The EPA's Evaluation
A. Public Notice Applicability for Applications for PALs and Standard
Permits for Concrete Batch Plants Without Enhanced Controls
The EPA proposed approval of the majority of the July 2, 2010,
Texas SIP submittal on December 13, 2012, at 77 FR 74129. In this
proposed rulemaking and our accompanying Technical Support Document,
the EPA presented our evaluation and preliminary determination for the
applicability of the public notice requirements for applications for
PAL permits at 30 TAC 39.402(a)(8) and standard permits for concrete
batch plants without enhanced controls at 30 TAC 39.402(a)(11). In both
instances, we determined that the public notice provisions in Chapter
39 for each type of permit application were consistent with all
applicable federal requirements and would be fully approvable into the
Texas SIP. However, we neglected to include the specific provisions at
30 TAC 39.402(a)(8) and 39.402(a)(11) in our ``Proposed Action''
statement in the December 13, 2012, Federal Register document. While
the public had the opportunity to review and comment on our evaluation
and preliminary determination of approvability of these provisions, we
never formally proposed these provisions for approval into the Texas
SIP. As such, we did not finalize approval of 30 TAC 39.402(a)(8) and
(a)(11) with the majority of the public notice provisions on January 6,
2014 at 79 FR 551.
Please see the EPA's December 13, 2012, proposed approval at 77 FR
74129 for our technical evaluation. The evaluation of the applicability
of the public notice provisions for PAL permit applications can be
found at page 74136. The evaluation of the applicability of the public
notice provisions for permit applications for standard permits for
concrete batch plants can be found at pages 74136-74140. The Technical
Support Document dated December 12, 2012, available in the rulemaking
docket for this action, provides additional details to support our
determination that the public notice applicability provisions at 30 TAC
39.402(a)(8) and (a)(11) are consistent with federal requirements and
fully approvable into the Texas SIP. We incorporate our previous
evaluation of these two provisions into this action. We note that
because the evaluation was included in our previous preamble and TSD,
we did accept and respond to any comments received regarding the
applicability of public notice provisions for applications for PALs and
standard permits for concrete batch plants without enhanced controls.
The EPA received and responded to comments about PAL public notice, but
none specific to the applicability provision at 30 TAC section
39.402(a)(8). See 79 FR 551, at 556 and 557-558. Our evaluation and
preliminary determination of approvability did not change as a result
of these comments. The EPA did not receive any comments specific to the
applicability of the public notice provisions for standard permits for
concrete batch plants without enhanced controls at 30 TAC
39.402(a)(11); therefore our evaluation of that provision also remains
unchanged.
Today's final action is merely correcting our previous error in
failing to propose and finalize incorporation of these two provisions
into the SIP on the basis of our previous technical evaluation and
preliminary determination. The EPA has not changed our rationale. We
continue to believe that 30 TAC 39.402(a)(8) and (a)(11) are fully
approvable and it is our intent to include these provisions in the
Texas SIP.
B. Public Notice Applicability for Applications for New and Amended
Flexible Permits
The EPA finalized a conditional approval of the Texas Flexible
Permits Program on July 14, 2014, at 79 FR 40666. Our final action
included conditional approval of the public notice applicability
provisions for applications for new and amended flexible permits at 30
TAC sections 39.402(a)(4) and (a)(5) as submitted on July 2, 2010. As a
result of this action, the public notice provisions at 30 TAC sections
39.402(a)(4) and (a)(5) became a part of the Texas SIP contingent upon
the TCEQ satisfying the conditions of the December 9, 2013, commitment
letter.\1\
---------------------------------------------------------------------------
\1\ The December 9, 2013, commitment letter required changes to
the Flexible Permits Program in 30 TAC Chapter 116, but did not
require any changes to the public notice requirements for new and
amended flexible permits at 30 TAC sections 39.402(a)(4) and (a)(5).
---------------------------------------------------------------------------
In a subsequent proposed rulemaking on December 31, 2014, the EPA
determined that the TCEQ satisfied all commitments from the December 9,
2013, commitment letter and thus we proposed to convert our final
conditional approval of the Texas Flexible Permits Program to a full
approval. See 79 FR 78752. However, we neglected to include the public
notice applicability provisions at 30 TAC section 39.402(a)(4) and
(a)(5) in that proposal.
Today's final action is merely correcting our previous error in
failing to include the public notice applicability provisions for
Flexible Permits in our December 2014 proposal to convert the
conditional approval to a full approval. Because the EPA has determined
that the TCEQ satisfied all
[[Page 16575]]
commitments from the December 9, 2013, commitment letter, the public
notice provisions for the Texas Flexible Permit program at 30 TAC
sections 39.402(a)(4) and (a)(5) should be converted to a full
approval. The conversion of the remainder of the conditionally approved
Texas Flexible Permit program to a full approval will be addressed in a
separate rulemaking.
III. Final Action
We are approving through a direct final action revisions to the
Texas SIP that pertain to the applicability of public notice provisions
for PAL permit applications at 30 TAC section 39.402(a)(8) and for
applications for standard permits for concrete batch plants without
enhanced controls at 30 TAC section 39.402(a)(11). The EPA has
determined that these two provisions are consistent with all applicable
federal requirements for public notice requirements for PAL permit
applications and minor NSR. Therefore, we are approving 30 TAC sections
39.402(a)(8) and 39.402(a)(11) into the Texas SIP as submitted on July
2, 2010. In today's direct final action, the EPA is also converting our
final conditional approval to a final full approval for the
applicability of public notice provisions for applications for new and
amended flexible permits at 30 TAC sections 39.402(a)(4) and (a)(5).
The 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.
Today's direct final rule will be effective on May 29, 2015 without
further notice unless we receive relevant adverse comment by April 29,
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 those public comments in a
subsequent final rule based on the proposed rule. Any parties
interested in commenting must do so at this time. The EPA will not
institute a second comment period on this action. 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. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of
revisions to the Texas regulations concerning the applicability of
public notice requirements as described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these documents generally available electronically through https://www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the Regional Administrator'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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 (Public Law 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 the 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 and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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. The 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 May 29, 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, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate Matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 16576]]
Dated: March 16, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
Therefore, 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. In Sec. 52.2270, the table in paragraph (c) is amended by revising
the entry ``Section 39.402'' to 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 39--Public Notice
----------------------------------------------------------------------------------------------------------------
Subchapter H--Applicability and General Provisions
----------------------------------------------------------------------------------------------------------------
Section 39.402.................. Applicability to Air 6/2/2012 3/30/2015 [Insert SIP includes
Quality Permits and Federal Register 39.402(a)(1)-(a)(6
Permit Amendments. citation]. ), (a)(8), and
(a)(11).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-07124 Filed 3-27-15; 8:45 am]
BILLING CODE 6560-50-P
