Approval and Promulgation of Implementation Plans; Texas; Revisions to the Minor New Source Review (NSR) State Implementation Plan (SIP) for Portable Facilities, 60295-60297 [2015-25343]
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Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations
bascule bridge and has a vertical
clearance in the closed position of 14
feet above mean high water.
The current operating schedule is set
out in 33 CFR 117.843(a). Under this
temporary deviation, the bridge will
open to marine traffic every two hours,
on the hour, from 9 a.m. until 7 p.m. on
October 10, 2015 and from 9 a.m. until
5 p.m. on October 11, 2015. The bridge
will operate per 33 CFR 117.843(a) from
7 p.m. on October 10, 2015 until 9 a.m.
on October 11, 2015. The Trent River is
used by a variety of vessels including
small commercial vessels and
recreational vessels. The Coast Guard
has carefully coordinated the
restrictions with commercial and
recreational waterway users.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will be able to
open for emergencies and there is no
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessels
can arrange their transits to minimize
any impacts caused by this temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 1, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–25372 Filed 10–5–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0283; FRL–9935–04–
Region 6]
srobinson on DSK5SPTVN1PROD with RULES
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 (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Texas State Implementation Plan
SUMMARY:
VerDate Sep<11>2014
16:54 Oct 05, 2015
Jkt 238001
(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) 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 finds 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
finalizing this approval under section
110 of the Act.
DATES: This final rule is effective on
November 5, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2010–0283. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT: Ms.
Aimee Wilson, (214) 665–7596,
wilson.aimee@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
The background for today’s action is
discussed in detail in our July 17, 2015
proposal (80 FR 42443). In that notice,
we proposed to approve severable
portions of SIP submittals for the State
of Texas submitted on March 19, 2010,
and July 2, 2010 that revised the Texas
SIP minor NSR program for portable
facilities. The TCEQ issues the
underlying minor NSR portable facility
permits under the existing minor NSR
SIP provisions in Chapter 116. 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
PO 00000
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60295
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). We received one
comment letter in support of our
proposal. Therefore, we are taking this
final action under section 110 of the
Act.
II. Final Action
We are approving severable portions
of SIP submittals for the State of Texas
submitted on March 19, 2010, and July
2, 2010, that revised the Texas SIP
minor NSR program for portable
facilities. The EPA has determined that
the submitted rules were adopted and
submitted in accordance with the CAA
and are consistent with our regulations
and policies regarding minor NSR
permitting. Therefore, the EPA approves
the following as revisions to the Texas
SIP:
• 30 TAC Section 116.20 as adopted
on February 10, 2010, submitted on
March 19, 2010;
• 30 TAC Section 116.178 as 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.
This action is being taken under
section 110 of the Act.
III. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the Texas regulations as
described in the Final 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.
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60296
Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications 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 December 7,
2015. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposed of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR part 52
Environmental protection, Air
pollution control, Carbon Monoxide,
Incorporation by reference,
Hydrocarbons, Intergovernmental
relations, Lead, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: September 23, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270(c) the table titled ‘‘EPA
Approved Regulations in the Texas SIP’’
is amended by revising the entry for
Section 39.402 and adding a new entry
for Section 116.20, and by adding a new
heading for ‘‘Division 8’’ and a new
entry for Section 116.178 in numerical
order, to read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
srobinson on DSK5SPTVN1PROD with RULES
*
Title/subject
*
State
approval/
submittal
date
*
*
EPA Approval date
*
Explanation
*
*
Chapter 39—Public Notice
Subchapter H—Applicability and General Provisions
Section 39.402 ........................
VerDate Sep<11>2014
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Applicability to Air Quality
Permits and Permit Amendments.
Jkt 238001
PO 00000
Frm 00022
6/2/2010
Fmt 4700
Sfmt 4700
10/6/2015 [Insert Federal
Register citation].
E:\FR\FM\06OCR1.SGM
06OCR1
SIP includes 39.402 (a)(1)–
(a)(6), (a)(8), (a)(11), and
(a)(12).
60297
Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
*
State
approval/
submittal
date
Title/subject
*
*
EPA Approval date
*
*
Explanation
*
*
Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
Subchapter A—Definitions
*
*
*
Section 116.20 ........................ Portable Facilities Definitions
*
2/10/2010
*
10/6/2015 [Insert Federal
Register citation].
*
*
*
*
*
*
Subchapter B—New Source Review Permits
*
*
*
*
*
Division 8—Portable Facilities
Section 116.178 ......................
*
Relocations and Changes of
Location of Portable Facilities.
*
2/10/2010
*
*
10/6/2015 [Insert Federal
Register citation].
*
[FR Doc. 2015–25343 Filed 10–5–15; 8:45 am]
srobinson on DSK5SPTVN1PROD with RULES
BILLING CODE 6560–50–P
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16:54 Oct 05, 2015
Jkt 238001
PO 00000
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Fmt 4700
Sfmt 9990
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06OCR1
]]>Agencies
[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Rules and Regulations]
[Pages 60295-60297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25343]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0283; FRL-9935-04-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 (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
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) 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 finds 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 finalizing this approval under section 110 of the
Act.
DATES: This final rule is effective on November 5, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2010-0283. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Ms. Aimee Wilson, (214) 665-7596,
wilson.aimee@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for today's action is discussed in detail in our
July 17, 2015 proposal (80 FR 42443). In that notice, we proposed to
approve severable portions of SIP submittals for the State of Texas
submitted on March 19, 2010, and July 2, 2010 that revised the Texas
SIP minor NSR program for portable facilities. The TCEQ issues the
underlying minor NSR portable facility permits under the existing minor
NSR SIP provisions in Chapter 116. 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). We received one comment letter in support of our
proposal. Therefore, we are taking this final action under section 110
of the Act.
II. Final Action
We are approving severable portions of SIP submittals for the State
of Texas submitted on March 19, 2010, and July 2, 2010, that revised
the Texas SIP minor NSR program for portable facilities. The EPA has
determined that the submitted rules were adopted and submitted in
accordance with the CAA and are consistent with our regulations and
policies regarding minor NSR permitting. Therefore, the EPA approves
the following as revisions to the Texas SIP:
30 TAC Section 116.20 as adopted on February 10, 2010,
submitted on March 19, 2010;
30 TAC Section 116.178 as 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.
This action is being taken under section 110 of the Act.
III. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final 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.
[[Page 60296]]
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications 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 December 7, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Carbon Monoxide,
Incorporation by reference, Hydrocarbons, Intergovernmental relations,
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 23, 2015.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270(c) the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entry for Section 39.402 and
adding a new entry for Section 116.20, and by adding a new heading for
``Division 8'' and a new entry for Section 116.178 in numerical order,
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 6/2/2010 10/6/2015 [Insert SIP includes 39.402
Air Quality Federal Register (a)(1)-(a)(6),
Permits and Permit citation]. (a)(8), (a)(11),
Amendments. and (a)(12).
[[Page 60297]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.20................... Portable Facilities 2/10/2010 10/6/2015 [Insert ...................
Definitions. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 8--Portable Facilities
----------------------------------------------------------------------------------------------------------------
Section 116.178.................. Relocations and 2/10/2010 10/6/2015 [Insert ...................
Changes of Federal Register
Location of citation].
Portable
Facilities.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-25343 Filed 10-5-15; 8:45 am]
BILLING CODE 6560-50-P
