[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]


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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.

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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 http://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 http://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, 
[email protected].

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
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                                                             State
                                                           approval/
          State citation              Title/subject        submittal     EPA Approval date       Explanation
                                                             date
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                                            Chapter 39--Public Notice
                               Subchapter H--Applicability and General Provisions
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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]]

 
                                                  * * * * * * *
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          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
                                            Subchapter A--Definitions
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                                                  * * * * * * *
Section 116.20...................  Portable Facilities       2/10/2010  10/6/2015 [Insert    ...................
                                    Definitions.                         Federal Register
                                                                         citation].
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                                     Subchapter B--New Source Review Permits
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                                                  * * * * * * *
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                                         Division 8--Portable Facilities
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Section 116.178..................  Relocations and           2/10/2010  10/6/2015 [Insert    ...................
                                    Changes of                           Federal Register
                                    Location of                          citation].
                                    Portable
                                    Facilities.
 
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[FR Doc. 2015-25343 Filed 10-5-15; 8:45 am]
 BILLING CODE 6560-50-P