[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]



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.


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)

[[Page 42444]]

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 

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 
    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 

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 

[[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 

[[Page 42446]]

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]