Approval and Promulgation of Implementation Plans; Texas; Revisions to the Minor New Source Review (NSR) State Implementation Plan (SIP) for Portable Facilities, 42443-42446 [2015-17468]
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules
2. Add § 165.1342 to subpart F under
the undesignated center heading
Thirteenth Coastguard District to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.1342 Regulated Navigation Area;
Middle Waterway Superfund Cleanup Site,
Commencement Bay; Tacoma, WA
[EPA–R05–OAR–2013–0193; FRL–9930–40–
Region 5]
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(a) Regulated Areas. The following
areas are regulated navigation areas: All
waters within the Middle Waterway
south of a line connecting a point on the
shore at 47°15′51″ N, 122°25′53″ W;
thence southwest to 47°15′47″ N,
122°25′59″ W [Datum: NAD 1983].
(b) Regulations. (1) All vessels and
persons are prohibited from activities
that would disturb the seabed, such as
grounding, anchoring, dragging,
trawling, spudding, or other activities
that involve disrupting the integrity of
the caps within the designated regulated
navigation area, pursuant to the
remediation efforts of the U.S.
Environmental Protection Agency (EPA)
in the Middle Waterway’s EPA
superfund cleanup site. Vessels may
otherwise transit or navigate within this
area in accordance with the Navigation
Rules.
(2) The prohibition described in
paragraph (b)(1) of this section does not
apply to vessels or persons engaged in
activities associated with remediation
efforts in the Middle Waterway
superfund sites, provided that the
Captain of the Port, Puget Sound
(COTP), is given advance notice of those
activities by the EPA.
(c) Waivers. Upon written request
stating the need and proposed
conditions of the waiver, and any
proposed precautionary measures, the
COTP may authorize a waiver from this
section if the COTP determines that the
activity for which the waiver is sought
can take place without undue risk to the
remediation efforts described in
paragraph (b)(1) of this section. The
COTP will consult with EPA in making
this determination when necessary and
practicable.
Dated: June 22, 2015.
R. T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2015–17481 Filed 7–16–15; 8:45 am]
BILLING CODE 9110–04–P
40 CFR Part 52
Approval of Air Quality Implementation
Plans; Indiana; Lead Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
request submitted on March 14, 2013,
and supplemented on November 17,
2014, by the Indiana Department of
Environmental Management to revise
the state implementation plan for lead.
The submittal updates Indiana’s lead
rule at Title 326 of the Indiana
Administrative Code (IAC), Article 15. It
also amends 326 IAC Article 20, to
incorporate some of the provisions of
EPA’s National Emission Standard for
Hazardous Air Pollutants for secondary
lead smelters. IDEM made the revisions
to increase the stringency and clarity of
Indiana’s lead SIP rules.
DATES: Comments must be received on
or before August 17, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0193 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section (AR–
18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries
are only accepted during the Regional
Office normal hours of operation, and
special arrangements should be made
for deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
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Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving a portion of
the State’s SIP submittal as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If EPA does not receive adverse
comments in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, EPA will
withdraw the direct final rule and will
address all public comments received in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time. Please note
that if EPA receives adverse comment
on an amendment, paragraph, or section
of this rule, and if that provision can be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment. For additional
information, see the direct final rule
which is located in the Rules section of
this Federal Register.
Dated: July 2, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015–17473 Filed 7–16–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0283; FRL–9930–68–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the Minor New Source
Review (NSR) State Implementation
Plan (SIP) for Portable Facilities
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Texas State
Implementation Plan (SIP) submitted by
the Texas Commission on
Environmental Quality (TCEQ) on
March 19, 2010 and July 2, 2010. These
revisions to the Texas SIP revise the
minor New Source Review (NSR)
SUMMARY:
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules
program to provide for the relocation
and change of location of permitted
portable facilities, establish definitions
related to portable facilities, and
establish public participation for
changes of location to portable facilities.
The EPA proposes to find that these
revisions to the Texas SIP comply with
the Federal Clean Air Act (the Act or
CAA) and are consistent with our
regulations and policy for minor NSR.
The EPA is proposing these actions
under section 110 of the Act.
DATES: Written comments must be
received on or before August 17, 2015.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2010–0283, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitted
comments.
• Email: Ms. Aimee Wilson at
wilson.aimee@epa.gov.
• Mail or delivery: Ms. Aimee Wilson,
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–2010–
0283. 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.
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Electronic files should avoid the use of
special characters and any form of
encryption and should be free of any
defects or viruses.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the 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.
Aimee Wilson, (214) 665–7596; email
wilson.aimee@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Wilson or contact
Mr. Bill Deese at (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
39.402(a)(12) submitted on July 2, 2010.
These provisions collectively establish
the definitions applicable to portable
facilities, criteria for relocating and
changing the location of portable
facilities, and public notice
requirements for portable facilities.
I. Background
2. July 2, 2010 SIP Submittal
A. CAA and SIPs
The Act at section 110(a)(2)(C)
requires states to develop and submit to
the EPA for approval into the state SIP,
preconstruction review and permitting
programs applicable to certain new and
modified stationary sources of air
pollutants for attainment and
nonattainment areas that cover both
major and minor new sources and
modifications, collectively referred to as
the NSR SIP. The CAA NSR SIP
program is composed of three separate
programs: Prevention of Significant
Deterioration (PSD), Nonattainment
New Source Review (NNSR), and minor
NSR.
The minor NSR SIP program
addresses construction or modification
activities that do not emit, or have the
potential to emit, beyond certain major
source/major modification thresholds
and thus do not qualify as ‘‘major’’ and
applies regardless of the designation of
the area in which a source is located.
Any submitted SIP revision, including
revisions to a minor NSR program, must
meet the applicable requirements for
SIP elements in section 110 of the Act,
and be consistent with all applicable
statutory and regulatory requirements.
The EPA is proposing to approve
portions of the March 19, 2010 and July
2, 2010 Texas SIP submittals as
revisions to the Texas minor NSR SIP
for portable facilities. This action only
addresses the provisions relevant to the
portable facilities program—30 Texas
Administrative Code (TAC) sections
116.120 and 116.178 submitted on
March 19, 2010 and 30 TAC section
On June 2, 2010, the TCEQ adopted
revisions to the State Implementation
Plan to adopt amendments made to the
30 TAC Chapter 39 Public Notice
provisions for NSR permits, including
provisions specific to portable facilities
at 30 TAC section 39.402(a)(12). The
revisions were submitted to the EPA on
July 2, 2010. As detailed in the
Technical Support Document (TSD),
this action will only address 30 TAC
section 39.402(a)(12); all other portions
of this SIP submittal have been
addressed by the EPA in separate
actions.
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B. Overview of the Portable Facilities
Program
1. March 19, 2010 SIP Submittal
The TCEQ submitted to the EPA
revisions to the State Implementation
Plan (SIP) to address definitions related
to portable facilities and rules regarding
the relocation and changes of location of
portable facilities on March 19, 2010.
Texas previously adopted the revisions
to the SIP on February 12, 2010;
specifically definitions pertaining to
portable facilities at 30 TAC section
116.20 and provisions for the relocation
and change of location of portable
facilities at 30 TAC section 116.178.
II. The EPA’s Evaluation
The SIP submittals being evaluated as
part of this rulemaking provide for the
movement of existing portable facilities
permitted under the Texas minor NSR
program; therefore, the provisions for
the change of location or relocation of
portable facilities are evaluated against
the federal requirements for minor NSR
at 40 CFR 51.160–51.164 and in
conjunction with the existing SIPapproved provisions of the Texas minor
NSR permitting program. All portable
facilities are permitted under the
existing minor NSR SIP provisions in
Chapter 116. The portable facilities are
either permitted through a case-by case
minor NSR permit subject to the
requirements under 30 TAC sections
116.110–116.115 or through a Standard
Permit issued under 30 TAC Chapter
116, Subchapter F. The EPA has
previously approved these minor NSR
permitting mechanisms as consistent
with Federal minor NSR requirements.
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules
The TCEQ issues the underlying
minor NSR portable facility permits to
be protective of the NAAQS and
increment. 30 TAC sections 116.20 and
116.178 provide that once a permit has
been issued to a portable facility, the
facility can be moved either through a
change of location or a relocation. A
change of location occurs when a
portable facility is moved to a new
location and is required to go through
the SIP-approved minor NSR public
notice requirements of Chapter 39. A
relocation of a portable facility is
movement of the portable facility
without public notice under Chapter 39.
Relocations occur in one of two
scenarios. First, portable facilities can
be relocated to a location in support of
a public works project in which the new
site is located in or contiguous to the
right-of way of the public works project.
The second possibility, is that a portable
facility relocates to a site in which a
portable facility has previously been
located at any time during the previous
two years and the site was subject
Chapter 39 public notice requirements.
Public notice requirements for the
change of location or relocation of a
portable facility are established at 30
TAC section 39.402(a)(12). Our
evaluation summarized below, and
detailed more fully in our
accompanying TSD, demonstrates that
the portable facilities program satisfies
applicable requirements for minor NSR
programs.
The change of location or relocation
of a portable facility permit does not
change the underlying portable facility
permit requirements and does not
establish a new minor NSR permit.
Rather, these provisions enable an
existing permitted facility to move as
provided under the portable
designation. Under both a change of
location or relocation, the minor NSR
permit (either a case-by-case minor NSR
permit issued under 30 TAC sections
116.110–116.115 or a Standard Permit
issued under 30 TAC Chapter 116,
Subchapter F) was required to conduct
a health impact and air quality analysis
prior to issuance. The TCEQ’s record
demonstrates that emissions associated
with portable facilities are typically
minimal and the underlying permit
contains the appropriate emission
limits, permit terms, and conditions to
ensure that the portable facility will
have minimal environmental impacts at
the property line. Additionally, the
TCEQ has the responsibility to review
each request for a change of location or
relocation of a portable facility; the
TCEQ will deny a request for a change
of location or relocation if movement
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will result in adverse impacts on
attainment or maintenance of the
NAAQS or increment violations.
The EPA’s minor NSR regulations
require public notice for each minor
NSR permit. Because neither the change
of location nor relocation of a portable
facility results in a new minor NSR
permit than the permit that was
originally public noticed, there is no
specific federal requirement for a new
public notice. Relocations of portable
facilities with minor NSR permits can
occur since there is no underlying
change to the permit terms and
conditions and the TCEQ evaluates each
requested relocation for adverse
environmental impacts on attainment or
maintenance of the NAAQS or
increment violations.
The EPA has also evaluated the March
19, 2010 and July 2, 2010 revisions
pertaining to Portable Facilities under
section 110(l) of the Act. We have
preliminarily determined that the TCEQ
satisfied all procedural requirements
pursuant to section 110(l) as detailed in
our accompanying TSD. Further, the
EPA has preliminarily determined that
the Portable Facilities SIP revisions
satisfy the minimum requirements for a
minor NSR program, including adequate
provisions for legal enforceability and
public participation to ensure protection
of the control strategy and any
applicable NAAQS. The Portable
Facilities program also contains
sufficient safeguards to prevent
circumvention of Major NSR permitting
requirements. Therefore, we find that
the Portable Facilities program is
protective of the NAAQS, increment,
attainment and reasonable further
progress, and any other applicable
control strategy requirements and will
therefore satisfy the requirements of
section 110(l) of the Act.
III. Proposed Action
The EPA is proposing to approve
portions of the March 19, 2010 and July
2, 2010, revisions to the Texas SIP to
revise the minor NSR program for
portable facilities. We have evaluated
the SIP submissions for whether they
meet the Act and 40 CFR part 51, and
are consistent with EPA’s interpretation
of the relevant provisions. Based upon
our evaluation, the EPA is preliminarily
concluding that the March 9, 2010 and
July 2, 2010, SIP revision submittals for
portable facilities and public
participation for portable facilities meet
the applicable requirements of the Act
and 40 CFR part 51. Therefore, EPA is
proposing to approve the following
provisions pertaining to portable
facilities into the Texas minor NSR SIP:
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• 30 TAC section 116.20 adopted on
February 10, 2010, submitted on March
19, 2010;
• 30 TAC section 116.178 adopted on
February 10, 2010, submitted on March
19, 2010; and
• 30 TAC section 39.402(a)(12)
adopted on June 2, 2010, submitted on
July 2, 2010.
The EPA is proposing this action
under section 110 of the Clean Air Act
(CAA). After review and consideration
of public comments, we will take final
action on the SIP revisions that are
identified herein.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Texas regulations as
described in the Proposed Action
section above. We have made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the EPA Region 6 office.
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
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 CAA. Accordingly,
this document merely proposes to
approve 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 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
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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).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon Monoxide,
Hydrocarbons, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone,
Particulate matter, Portable facilities,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 8, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015–17468 Filed 7–16–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R01–OAR–2012–0950; FRL–9930–53Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Infrastructure State
Implementation Plan Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
SUMMARY:
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elements of State Implementation Plan
(SIP) submissions from New Hampshire
regarding the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2008 lead (Pb), 2008 8hr ozone, 2010 nitrogen dioxide (NO2),
and 2010 sulfur dioxide (SO2) National
Ambient Air Quality Standards
(NAAQS). EPA is also proposing to
convert conditional approvals for
several infrastructure requirements for
the 1997 and 2006 fine particle (PM2.5)
NAAQS to full approval under the CAA.
Furthermore, we are proposing to
update the classifications for several of
New Hampshire’s air quality control
regions for ozone and sulfur dioxide
based on recent air quality monitoring
data collected by the state, and to grant
the state’s request for an exemption
from the infrastructure SIP contingency
plan obligation for ozone. Last, we are
proposing to conditionally approve
certain elements of New Hampshire’s
submittal relating to prevention of
significant deterioration requirements.
The infrastructure requirements are
designed to ensure that the structural
components of each state’s air quality
management program are adequate to
meet the state’s responsibilities under
the CAA.
DATES: Comments must be received on
or before August 17, 2015.
ADDRESSES: Submit your comments,
identified by the appropriate Docket ID
number as indicated in the instructions
section below, by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: Anne Arnold, Manager, Air
Quality Planning Unit, Air Programs
Branch, Mail Code OEP05–2, U.S.
Environmental Protection Agency, 5
Post Office Square, Suite 100, Boston,
Massachusetts, 02109–3912.
5. Hand Delivery: Anne Arnold,
Manager, Air Quality Planning Unit, Air
Programs Branch, Mail Code OEP05–2,
U.S. Environmental Protection Agency,
5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109–3912. Such
deliveries are only accepted during the
Regional Office normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID. EPA–R01–OAR–2012–0950.
EPA’s policy is that all comments
received will be included in the public
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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 information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. 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.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Region 1, Air Programs Branch,
5 Post Office Square, Boston,
Massachusetts. This facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal
holidays.
Bob
McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs
Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109–
3912; (617) 918–1046;
mcconnell.robert@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
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]]>Agencies
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Proposed Rules]
[Pages 42443-42446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17468]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0283; FRL-9930-68-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to the Minor New Source Review (NSR) State Implementation
Plan (SIP) for Portable Facilities
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Texas State Implementation Plan (SIP)
submitted by the Texas Commission on Environmental Quality (TCEQ) on
March 19, 2010 and July 2, 2010. These revisions to the Texas SIP
revise the minor New Source Review (NSR)
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program to provide for the relocation and change of location of
permitted portable facilities, establish definitions related to
portable facilities, and establish public participation for changes of
location to portable facilities. The EPA proposes to find that these
revisions to the Texas SIP comply with the Federal Clean Air Act (the
Act or CAA) and are consistent with our regulations and policy for
minor NSR. The EPA is proposing these actions under section 110 of the
Act.
DATES: Written comments must be received on or before August 17, 2015.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2010-0283, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitted comments.
Email: Ms. Aimee Wilson at wilson.aimee@epa.gov.
Mail or delivery: Ms. Aimee Wilson, 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-
2010-0283. 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.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the 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. Aimee Wilson, (214) 665-7596;
email wilson.aimee@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Wilson or contact Mr. Bill Deese at
(214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
A. CAA and SIPs
The Act at section 110(a)(2)(C) requires states to develop and
submit to the EPA for approval into the state SIP, preconstruction
review and permitting programs applicable to certain new and modified
stationary sources of air pollutants for attainment and nonattainment
areas that cover both major and minor new sources and modifications,
collectively referred to as the NSR SIP. The CAA NSR SIP program is
composed of three separate programs: Prevention of Significant
Deterioration (PSD), Nonattainment New Source Review (NNSR), and minor
NSR.
The minor NSR SIP program addresses construction or modification
activities that do not emit, or have the potential to emit, beyond
certain major source/major modification thresholds and thus do not
qualify as ``major'' and applies regardless of the designation of the
area in which a source is located. Any submitted SIP revision,
including revisions to a minor NSR program, must meet the applicable
requirements for SIP elements in section 110 of the Act, and be
consistent with all applicable statutory and regulatory requirements.
The EPA is proposing to approve portions of the March 19, 2010 and
July 2, 2010 Texas SIP submittals as revisions to the Texas minor NSR
SIP for portable facilities. This action only addresses the provisions
relevant to the portable facilities program--30 Texas Administrative
Code (TAC) sections 116.120 and 116.178 submitted on March 19, 2010 and
30 TAC section 39.402(a)(12) submitted on July 2, 2010. These
provisions collectively establish the definitions applicable to
portable facilities, criteria for relocating and changing the location
of portable facilities, and public notice requirements for portable
facilities.
B. Overview of the Portable Facilities Program
1. March 19, 2010 SIP Submittal
The TCEQ submitted to the EPA revisions to the State Implementation
Plan (SIP) to address definitions related to portable facilities and
rules regarding the relocation and changes of location of portable
facilities on March 19, 2010. Texas previously adopted the revisions to
the SIP on February 12, 2010; specifically definitions pertaining to
portable facilities at 30 TAC section 116.20 and provisions for the
relocation and change of location of portable facilities at 30 TAC
section 116.178.
2. July 2, 2010 SIP Submittal
On June 2, 2010, the TCEQ adopted revisions to the State
Implementation Plan to adopt amendments made to the 30 TAC Chapter 39
Public Notice provisions for NSR permits, including provisions specific
to portable facilities at 30 TAC section 39.402(a)(12). The revisions
were submitted to the EPA on July 2, 2010. As detailed in the Technical
Support Document (TSD), this action will only address 30 TAC section
39.402(a)(12); all other portions of this SIP submittal have been
addressed by the EPA in separate actions.
II. The EPA's Evaluation
The SIP submittals being evaluated as part of this rulemaking
provide for the movement of existing portable facilities permitted
under the Texas minor NSR program; therefore, the provisions for the
change of location or relocation of portable facilities are evaluated
against the federal requirements for minor NSR at 40 CFR 51.160-51.164
and in conjunction with the existing SIP-approved provisions of the
Texas minor NSR permitting program. All portable facilities are
permitted under the existing minor NSR SIP provisions in Chapter 116.
The portable facilities are either permitted through a case-by case
minor NSR permit subject to the requirements under 30 TAC sections
116.110-116.115 or through a Standard Permit issued under 30 TAC
Chapter 116, Subchapter F. The EPA has previously approved these minor
NSR permitting mechanisms as consistent with Federal minor NSR
requirements.
[[Page 42445]]
The TCEQ issues the underlying minor NSR portable facility permits
to be protective of the NAAQS and increment. 30 TAC sections 116.20 and
116.178 provide that once a permit has been issued to a portable
facility, the facility can be moved either through a change of location
or a relocation. A change of location occurs when a portable facility
is moved to a new location and is required to go through the SIP-
approved minor NSR public notice requirements of Chapter 39. A
relocation of a portable facility is movement of the portable facility
without public notice under Chapter 39. Relocations occur in one of two
scenarios. First, portable facilities can be relocated to a location in
support of a public works project in which the new site is located in
or contiguous to the right-of way of the public works project. The
second possibility, is that a portable facility relocates to a site in
which a portable facility has previously been located at any time
during the previous two years and the site was subject Chapter 39
public notice requirements. Public notice requirements for the change
of location or relocation of a portable facility are established at 30
TAC section 39.402(a)(12). Our evaluation summarized below, and
detailed more fully in our accompanying TSD, demonstrates that the
portable facilities program satisfies applicable requirements for minor
NSR programs.
The change of location or relocation of a portable facility permit
does not change the underlying portable facility permit requirements
and does not establish a new minor NSR permit. Rather, these provisions
enable an existing permitted facility to move as provided under the
portable designation. Under both a change of location or relocation,
the minor NSR permit (either a case-by-case minor NSR permit issued
under 30 TAC sections 116.110-116.115 or a Standard Permit issued under
30 TAC Chapter 116, Subchapter F) was required to conduct a health
impact and air quality analysis prior to issuance. The TCEQ's record
demonstrates that emissions associated with portable facilities are
typically minimal and the underlying permit contains the appropriate
emission limits, permit terms, and conditions to ensure that the
portable facility will have minimal environmental impacts at the
property line. Additionally, the TCEQ has the responsibility to review
each request for a change of location or relocation of a portable
facility; the TCEQ will deny a request for a change of location or
relocation if movement will result in adverse impacts on attainment or
maintenance of the NAAQS or increment violations.
The EPA's minor NSR regulations require public notice for each
minor NSR permit. Because neither the change of location nor relocation
of a portable facility results in a new minor NSR permit than the
permit that was originally public noticed, there is no specific federal
requirement for a new public notice. Relocations of portable facilities
with minor NSR permits can occur since there is no underlying change to
the permit terms and conditions and the TCEQ evaluates each requested
relocation for adverse environmental impacts on attainment or
maintenance of the NAAQS or increment violations.
The EPA has also evaluated the March 19, 2010 and July 2, 2010
revisions pertaining to Portable Facilities under section 110(l) of the
Act. We have preliminarily determined that the TCEQ satisfied all
procedural requirements pursuant to section 110(l) as detailed in our
accompanying TSD. Further, the EPA has preliminarily determined that
the Portable Facilities SIP revisions satisfy the minimum requirements
for a minor NSR program, including adequate provisions for legal
enforceability and public participation to ensure protection of the
control strategy and any applicable NAAQS. The Portable Facilities
program also contains sufficient safeguards to prevent circumvention of
Major NSR permitting requirements. Therefore, we find that the Portable
Facilities program is protective of the NAAQS, increment, attainment
and reasonable further progress, and any other applicable control
strategy requirements and will therefore satisfy the requirements of
section 110(l) of the Act.
III. Proposed Action
The EPA is proposing to approve portions of the March 19, 2010 and
July 2, 2010, revisions to the Texas SIP to revise the minor NSR
program for portable facilities. We have evaluated the SIP submissions
for whether they meet the Act and 40 CFR part 51, and are consistent
with EPA's interpretation of the relevant provisions. Based upon our
evaluation, the EPA is preliminarily concluding that the March 9, 2010
and July 2, 2010, SIP revision submittals for portable facilities and
public participation for portable facilities meet the applicable
requirements of the Act and 40 CFR part 51. Therefore, EPA is proposing
to approve the following provisions pertaining to portable facilities
into the Texas minor NSR SIP:
30 TAC section 116.20 adopted on February 10, 2010,
submitted on March 19, 2010;
30 TAC section 116.178 adopted on February 10, 2010,
submitted on March 19, 2010; and
30 TAC section 39.402(a)(12) adopted on June 2, 2010,
submitted on July 2, 2010.
The EPA is proposing this action under section 110 of the Clean Air
Act (CAA). After review and consideration of public comments, we will
take final action on the SIP revisions that are identified herein.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Texas regulations as described in the
Proposed Action section above. We have made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 6 office.
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 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 CAA. Accordingly,
this document merely proposes to approve 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 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive
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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).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon Monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Particulate matter, Portable facilities,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 8, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-17468 Filed 7-16-15; 8:45 am]
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