Air Plan Approval; Texas; Construction Prior to Permit Amendment Issuance, 64966-64969 [2020-20391]
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Federal Register / Vol. 85, No. 199 / Wednesday, October 14, 2020 / Rules and Regulations
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0291R1, dated March 4,
2020.
(ii) [Reserved]
(4) For EASA AD 2019–0291R1, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; Internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(5) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195. This material may be found
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2020–0197.
(6) You may view this material that is
incorporated by reference at the National
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(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on October 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–22625 Filed 10–13–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 589
[Docket ID: USA–2020–HQ–0009]
RIN 0702–AB10
Compliance With Court Orders by
Personnel and Command Sponsored
Family Members
Department of the Army, DoD.
Final rule.
AGENCY:
ACTION:
This final rule removes DoD’s
regulation concerning policies on
compliance with court orders by DoD
employees and DoD Members. The
purpose of the DoD Instruction on
which this rule is based is to provide
internal guidance to DoD Components
on cooperation with law enforcement
agencies. Although civil authorities,
who may be considered the public for
rule-making purposes, may request
support from DoD, this rule neither
confers a benefit not otherwise provided
for in statute nor imposes a burden on
civil authorities. Further, the rule does
not limit DoD assistance to qualifying
entities in a way that is inconsistent
with the statutory framework. Therefore,
this part can be removed from the CFR.
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SUMMARY:
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This rule is effective on October
14, 2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
Ms.
Mary Sturm, 703–697–5290, email:
mary.a.sturm.civ@mail.mil.
It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing DoD internal
policies and procedures that are
publicly available on the Department’s
issuance website. The rule was
published November 8, 1990 (55 FR
47042). This rule contained internal
policy included in DoD Directive
5525.09 concerning DoD cooperation
with courts and federal, state, and local
officials in enforcing court orders
pertaining to military personnel and
DoD employees serving outside the
United States, as well as their command
sponsored family members. The current
rule conveys internal Army policy and
implementation in Army Regulation
(AR) 190–9, where it is the policy of the
Department of the Army to cooperate
with civilian authorities unless the best
interest of the Army will be prejudiced.
AR 630–10 provides the personnel
management policies and procedures on
the surrender of soldiers to civilian
authorities.
DoD internal guidance will continue
to be published in AR 190–9, ‘‘Absentee
Deserter Apprehension Program and
Surrender of Military Personnel to
Civilian Law Enforcement Agencies’’;
and AR 630–10, ‘‘Absence without
Leave, Desertion and Administration of
Personnel Involved in Civilian Court
Proceedings,’’ which are available at
https://www.armypubs.army.mil.
The rule does not place a burden on
the public and therefore does not
provide a burden reduction or cost
savings by its repeal.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs,’’ does not apply.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 589
Courts, Government employees.
PART 589—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 589 is removed.
■
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2020–21793 Filed 10–13–20; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0159; FRL–10014–
57–Region 6]
Air Plan Approval; Texas; Construction
Prior to Permit Amendment Issuance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving one revision to the Texas
(TX) State Implementation Plan (SIP)
submitted on August, 2020, as adopted
on July 15, 2020, that revised the State’s
New Source Review (NSR) permitting
rules contained in Title 30 of the Texas
Administrative Code (TAC) Chapter 116
Control of Air Pollution by Air Permits
for New Construction or Modification by
amending the criteria for air pollution
control permits for new construction or
modification, as well as make other nonsubstantive revisions.
DATES: This rule is effective on
November 13, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2020–0159. All
documents in the docket are listed on
the https://www.regulations.gov
website. 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. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Layton, EPA Region 6 Office,
Air Permits Section, 214–665–2136,
layton.elizabeth@epa.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
SUMMARY:
I. Background
The background for this action is
discussed in depth in our April 23,
2020, proposal (85 FR 22700). We
preliminarily determined that the
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proposed revisions to the State’s New
Source Review permitting rules were
consistent with the CAA and the EPA’s
regulations and guidance. Under the
EPA’s ‘‘parallel processing’’ procedure,
the EPA proposes a rulemaking action
on a proposed SIP revision concurrently
with the State’s public review process.
If the State’s proposed SIP revision is
not significantly changed, the EPA will
finalize the rulemaking on the SIP
revision as proposed after responding to
any submitted comments. Final
rulemaking action by the EPA will occur
only after the final SIP revision has been
fully adopted by the TCEQ and
submitted formally to the EPA for
approval as a revision to the Texas SIP.
See 40 CFR part 51, Appendix V.
The TCEQ completed their state
rulemaking process and adopted
revisions on July 15, 2020. The TCEQ
submitted these adopted changes to the
EPA as a revision to the Texas SIP on
August 21, 2020. The EPA has evaluated
the State’s final SIP revision for any
changes made from the time of proposal.
The EPA’s evaluation of the adopted
revisions including the completeness
determination for the final SIP
submission is included in the
‘‘Addendum to the Technical Support
Document’’ for EPA–R06–OAR–2020–
0159, available in the rulemaking
docket.
The EPA is proceeding with our final
approval of the August 21, 2020,
revisions to the Texas SIP, consistent
with the parallel processing provisions
in in 40 CFR part 51, Appendix V. The
TCEQ adopted the revisions as they
were proposed, i.e., no changes were
made. We received four supportive
comments regarding our proposal.
Therefore, we are proceeding with our
final approval because the submitted
final regulations adopted by the state do
not alter our rationale for proposal
presented in our April 23, 2020,
proposed rulemaking. The comments
received on our proposed rulemaking
are outlined in the section below.
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II. Response to Comments
We received four public comments on
the proposal. All four comments
supported our proposed approval. One
commenter supported the approval but
requested additional flexibility to allow
construction to commence at an earlier
stage in the permitting process. All
public comments submitted are in the
public docket to this rulemaking. Our
responses to the comments are
discussed below.
Comment: The State of Texas (TCEQ),
the Texas Industry Project (TIP), and the
Texas Oil and Gas Association (TXOGA)
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submitted comments supporting the
proposed approval.
Response: The EPA appreciates the
supportive comments from the TCEQ,
TIP, and TXOGA. No changes will be
made to the proposed rule as a result of
these comments.
Comment: Kohler Co. supports the
TCEQ’s proposed rulemaking but
requested that the language be revised
in the final action to allow construction
to commence when the permit
application is deemed administratively
complete, rather than when a draft
permit is issued.
Response: The EPA appreciates the
supportive comment. In reviewing SIP
submissions, the EPA’s role is strictly to
approve state choices, provided those
choices meet the criteria of the CAA; we
refer Kohler Co. to the State for
comments regarding revisions to the
rule.
III. Final Action
The EPA has determined that the
August 21, 2020, revisions to the Texas
SIP are consistent with the CAA and
EPA’s policy and guidance on minor
NSR air permitting rules. Therefore,
under section 110 of the Act, the EPA
approves the following revisions to the
Texas SIP, submitted August 21, 2020,
as adopted on July 15, 2020, in the
following Sections of 30 TAC Chapter
116:
• Revisions to 30 TAC Section 116.110
(except for Sections 116.110(a)(5), (c)
and (d) that are not part of the Texas
SIP);
• Revisions to 30 TAC Section 116.116;
• Addition of 30 TAC Section 116.118;
• Revisions to 30 TAC Section 116.710;
• Revisions to 30 TAC Section 116.721.
Additionally, the EPA approves a
ministerial change to 40 CFR 52.2270(c)
to clarify that 30 TAC Section 116.110
Subsections (d) change in ownership, (e)
submittal under PE seal, and (f)
responsibility for permit application
were approved on November 14, 2003,
and include their appropriate relettering to 30 TAC Subsections
116.110(e), (f), and (g), respectively,
from the January 30, 2020, proposed
approval by parallel processing request.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revisions to the Texas regulations as
described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
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64967
generally available through
www.regulations.gov a (please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.
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
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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, 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
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Federal Register / Vol. 85, No. 199 / Wednesday, October 14, 2020 / Rules and Regulations
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, 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 14, 2020. 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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 10, 2020.
Kenley McQueen,
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:
■ a. Revising the entries for Sections
116.110, 116.116, 116.710 and 116.721,
and;
■ b. Adding a new entry for Section
116.118.
The amendments read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal
date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
*
*
*
*
*
*
*
Subchapter B—New Source Review Permits
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Division 1—Permit Application
Section 116.110 ......
Applicability .................................
7/15/2020
10/14/2020, [Insert Federal Register citation].
SIP
does
not
include
116.110(a)(5), 116.110(c), or
116.110(d).
*
Section 116.116 ......
*
*
Changes to Facilities ...................
*
7/15/2020
*
10/14/2020, [Insert Federal Register citation].
*
*
SIP does not include 30 TAC
Section 116.116(b)(3).
*
Section 116.118 ......
*
*
Construction
While
Permit
Amendment Application Pending.
*
7/15/2020
*
10/14/2020, [Insert Federal Register citation].
*
*
*
*
*
Subchapter G—Flexible Permits
116.710 ...................
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Applicability .................................
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*
*
*
*
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Federal Register / Vol. 85, No. 199 / Wednesday, October 14, 2020 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
Title/subject
*
116.721 ...................
*
*
Amendments and Alterations ......
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0284; FRL–10014–
81–Region 1]
Air Plan Approval; Maine; Midcoast
Area and Portland Second 10-Year
Limited Maintenance Plans for 1997
Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Maine. On
February 18, 2020, the State submitted
its 1997 ozone national ambient air
quality standards (NAAQS) Limited
Maintenance Plans (LMPs) for the
Portland and Midcoast areas. EPA is
approving the Portland and Midcoast
LMPs because they provide for the
maintenance of the 1997 ozone NAAQS
through the end of the second 10-year
portion of the maintenance period. The
effect of this action will be to make
certain commitments related to
maintenance of the 1997 ozone NAAQS
in the Portland and Midcoast
maintenance areas part of the Maine SIP
and therefore federally enforceable.
DATES: This rule is effective on
November 13, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0284. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI 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
SUMMARY:
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EPA approval date
*
July 15, 2020
*
[FR Doc. 2020–20391 Filed 10–13–20; 8:45 am]
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State
approval/
submittal
date
State citation
*
10/14/2020, [Insert Federal Register citation].
*
*
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: Eric
Rackauskas, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 05–2), Boston, MA
02109–3912, tel. 617–918–1628, email
rackauskas.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
Under the CAA, EPA is approving
Limited Maintenance Plans (LMPs) for
the Portland and Midcoast maintenance
areas for the 1997 ozone NAAQS
submitted as a revision to the Maine
State Implementation Plan (SIP) on
February 18, 2020. The Portland area
under the 1997 ozone NAAQS is
comprised of 57 cities and towns in
York, Cumberland and Sagadahoc
Counties along with Durham, Maine in
Androscoggin County. The Midcoast
area is made up of 55 coastal towns and
islands in Hancock, Knox, Lincoln and
Waldo counties. On June 15, 2004, the
Portland and Midcoast areas were
designated as nonattainment areas
under the 1997 ozone NAAQS. On
January 10, 2007, the areas were
redesignated to attainment under that
standard.
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Explanation
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*
*
*
*
The Portland and Midcoast areas’
LMPs for the 1997 ozone NAAQS
submitted by Maine are designed to
maintain the 1997 ozone NAAQS within
these areas through the end of the
second ten-year period of the
maintenance period. We are approving
the plans because they meet all
applicable requirements under CAA
sections 110 and 175A.
Other specific requirements of the
LMPs and the rationale for EPA’s
proposed action are explained in the
notice of proposed rulemaking and will
not be restated here. EPA received two
public comments during the comment
period for the notice of proposed
rulemaking. One comment supported
the action. The second comment was
not germane to the rulemaking notice,
did not indicate any technical or legal
reason why EPA should not approve the
SIP revision, and did not propose any
changes to the SIP revision.
II. Final Action
EPA is approving, and incorporating
into the Maine SIP, the 1997 ozone
national ambient air quality standards
LMPs for the Portland and Midcoast
areas. EPA is approving the LMPs
because the plans are consistent with
the requirements of the CAA.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the 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,
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]]>Agencies
[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64966-64969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20391]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0159; FRL-10014-57-Region 6]
Air Plan Approval; Texas; Construction Prior to Permit Amendment
Issuance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving one revision to the
Texas (TX) State Implementation Plan (SIP) submitted on August, 2020,
as adopted on July 15, 2020, that revised the State's New Source Review
(NSR) permitting rules contained in Title 30 of the Texas
Administrative Code (TAC) Chapter 116 Control of Air Pollution by Air
Permits for New Construction or Modification by amending the criteria
for air pollution control permits for new construction or modification,
as well as make other non-substantive revisions.
DATES: This rule is effective on November 13, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2020-0159. All documents in the docket are
listed on the https://www.regulations.gov website. 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. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Elizabeth Layton, EPA Region 6 Office,
Air Permits Section, 214-665-2136, [email protected]. Out of an
abundance of caution for members of the public and our staff, the EPA
Region 6 office will be closed to the public to reduce the risk of
transmitting COVID-19. Please call or email the contact listed above if
you need alternative access to material indexed but not provided in the
docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in depth in our April
23, 2020, proposal (85 FR 22700). We preliminarily determined that the
[[Page 64967]]
proposed revisions to the State's New Source Review permitting rules
were consistent with the CAA and the EPA's regulations and guidance.
Under the EPA's ``parallel processing'' procedure, the EPA proposes a
rulemaking action on a proposed SIP revision concurrently with the
State's public review process. If the State's proposed SIP revision is
not significantly changed, the EPA will finalize the rulemaking on the
SIP revision as proposed after responding to any submitted comments.
Final rulemaking action by the EPA will occur only after the final SIP
revision has been fully adopted by the TCEQ and submitted formally to
the EPA for approval as a revision to the Texas SIP. See 40 CFR part
51, Appendix V.
The TCEQ completed their state rulemaking process and adopted
revisions on July 15, 2020. The TCEQ submitted these adopted changes to
the EPA as a revision to the Texas SIP on August 21, 2020. The EPA has
evaluated the State's final SIP revision for any changes made from the
time of proposal. The EPA's evaluation of the adopted revisions
including the completeness determination for the final SIP submission
is included in the ``Addendum to the Technical Support Document'' for
EPA-R06-OAR-2020-0159, available in the rulemaking docket.
The EPA is proceeding with our final approval of the August 21,
2020, revisions to the Texas SIP, consistent with the parallel
processing provisions in in 40 CFR part 51, Appendix V. The TCEQ
adopted the revisions as they were proposed, i.e., no changes were
made. We received four supportive comments regarding our proposal.
Therefore, we are proceeding with our final approval because the
submitted final regulations adopted by the state do not alter our
rationale for proposal presented in our April 23, 2020, proposed
rulemaking. The comments received on our proposed rulemaking are
outlined in the section below.
II. Response to Comments
We received four public comments on the proposal. All four comments
supported our proposed approval. One commenter supported the approval
but requested additional flexibility to allow construction to commence
at an earlier stage in the permitting process. All public comments
submitted are in the public docket to this rulemaking. Our responses to
the comments are discussed below.
Comment: The State of Texas (TCEQ), the Texas Industry Project
(TIP), and the Texas Oil and Gas Association (TXOGA) submitted comments
supporting the proposed approval.
Response: The EPA appreciates the supportive comments from the
TCEQ, TIP, and TXOGA. No changes will be made to the proposed rule as a
result of these comments.
Comment: Kohler Co. supports the TCEQ's proposed rulemaking but
requested that the language be revised in the final action to allow
construction to commence when the permit application is deemed
administratively complete, rather than when a draft permit is issued.
Response: The EPA appreciates the supportive comment. In reviewing
SIP submissions, the EPA's role is strictly to approve state choices,
provided those choices meet the criteria of the CAA; we refer Kohler
Co. to the State for comments regarding revisions to the rule.
III. Final Action
The EPA has determined that the August 21, 2020, revisions to the
Texas SIP are consistent with the CAA and EPA's policy and guidance on
minor NSR air permitting rules. Therefore, under section 110 of the
Act, the EPA approves the following revisions to the Texas SIP,
submitted August 21, 2020, as adopted on July 15, 2020, in the
following Sections of 30 TAC Chapter 116:
Revisions to 30 TAC Section 116.110 (except for Sections
116.110(a)(5), (c) and (d) that are not part of the Texas SIP);
Revisions to 30 TAC Section 116.116;
Addition of 30 TAC Section 116.118;
Revisions to 30 TAC Section 116.710;
Revisions to 30 TAC Section 116.721.
Additionally, the EPA approves a ministerial change to 40 CFR
52.2270(c) to clarify that 30 TAC Section 116.110 Subsections (d)
change in ownership, (e) submittal under PE seal, and (f)
responsibility for permit application were approved on November 14,
2003, and include their appropriate re-lettering to 30 TAC Subsections
116.110(e), (f), and (g), respectively, from the January 30, 2020,
proposed approval by parallel processing request.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov a (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.
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 EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 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
[[Page 64968]]
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, 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 14, 2020. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 10, 2020.
Kenley McQueen,
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:
0
a. Revising the entries for Sections 116.110, 116.116, 116.710 and
116.721, and;
0
b. Adding a new entry for Section 116.118.
The amendments read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.110............... Applicability....... 7/15/2020 10/14/2020, [Insert SIP does not include
Federal Register 116.110(a)(5),
citation]. 116.110(c), or
116.110(d).
* * * * * * *
Section 116.116............... Changes to 7/15/2020 10/14/2020, [Insert SIP does not include
Facilities. Federal Register 30 TAC Section
citation]. 116.116(b)(3).
* * * * * * *
Section 116.118............... Construction While 7/15/2020 10/14/2020, [Insert
Permit Amendment Federal Register
Application Pending. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter G--Flexible Permits
----------------------------------------------------------------------------------------------------------------
116.710....................... Applicability....... July 15, 2020 10/14/2020, [Insert
Federal Register
citation].
[[Page 64969]]
* * * * * * *
116.721....................... Amendments and July 15, 2020 10/14/2020, [Insert
Alterations. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-20391 Filed 10-13-20; 8:45 am]
BILLING CODE 6560-50-P
