[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 [email protected].
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 http://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 http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://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 http://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 [email protected]. 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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