[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Rules and Regulations]
[Pages 11464-11468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5240]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0192; FRL-9125-9]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Chapter 116 Which Relate to the Permit Renewal Application
and Permit Renewal Submittal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking a direct final action to approve revisions to
the applicable State Implementation Plan (SIP) for the State of Texas
which relate to the Permit Renewal Application and Permit Renewal
Submittal regulations. These portions of the SIP revisions approved
today would address requirements related to the timeline for the
submittal of an application for permit renewal. EPA finds that these
changes to the Texas SIP comply with the Federal Clean Air Act (the Act
or CAA) and EPA regulations, are consistent with EPA policies, and will
improve air quality. This action is being proposed under section 110
and parts C and D of the Act.
DATES: This direct final rule is effective on May 10, 2010 without
further notice, unless EPA receives relevant adverse comment by April
12, 2010. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2008-0192 by one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov:
Follow the on-line instructions for submitting comments.
(2) E-mail: Mr. Jeff Robinson at [email protected]. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
(3) U.S. EPA Region 6 ``Contact Us'' Web site:
http:[sol][sol]epa.gov/region6/r6coment.htm. Please click on ``6PD''
(Multimedia) and select ``Air'' before submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number 214-665-6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2008-0192. 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:[sol][sol]www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through
http:[sol][sol]www.regulations.gov or e-mail. The
http:[sol][sol]www.regulations.gov Web site is an ``anonymous access''
system, which means that EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http:[sol][sol]www.regulations.gov your e-mail address will be
[[Page 11465]]
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, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the
http:[sol][sol]www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http:[sol][sol]www.regulations.gov or in hard copy at
the Air Permits Section (6PD-R), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. There will be a 15 cent per page fee for making
photocopies of documents. On the day of the visit, please check in at
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas,
Texas.
The State submittals, which are part of the EPA docket, are also
available for public inspection at the State Air Agency during official
business hours by appointment: Texas Commission on Environmental
Quality, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas
78753.
FOR FURTHER INFORMATION CONTACT: Ms. Melanie Magee, Air Permits Section
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7161; fax
number (214) 665-6762; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. The State's Submittals
II. What Action Is EPA Taking?
III. EPA's Evaluation
A. What Did Texas Submit for the Permit Renewal Application
Section?
B. What Is EPA's Evaluation of the Permit Renewal Application
Revisions?
C. What Did Texas Submit for the Permit Renewal Submittal?
D. What Is EPA's Evaluation of the Permit Renewal Submittal
Revisions?
IV. Final Action
V. Statutory and Executive Order Reviews
I. The State's Submittals
On December 15, 1995, July 22, 1998, and September 4, 2002, the
Texas Commission on Environmental Quality (TCEQ) submitted proposed
revisions to the Texas State Implementation Plan (SIP) concerning the
Permit Renewal Application, 30 TAC Chapter 116, Subchapter D, Section
116.311--Permit Renewal Application. The December 15, 1995 and July 22,
1998 revisions were superseded and rendered moot by revisions submitted
to EPA on September 4, 2002 because they repealed the earlier versions
of the same provisions addressed in that submittal. The September 4,
2002 SIP revision recodified the existing provision of section
116.311(c) into a new section 116.315--Permit Renewal Submittal. The
SIP submittals of 30 TAC 116.311 dated July 22, 1998 and September 4,
2002 have other provisions that have not been evaluated in any prior
action and are severable from the provisions that we are approving in
this action because the revisions being addressed here are ministerial
and non-controversial in nature. Additional information related to
these SIP submittals are contained in the Technical Support Document
(TSD).
Revisions to the Permit Renewal Submittal section were submitted by
TCEQ to EPA on September 25, 2003 and May 30, 2008. The September 25,
2003 SIP submittal revisions state that an application for permit
renewal must be submitted at least six months, but no earlier than 18
months prior to the permit expiration date. Also included within the
revision is a provision for the Executive Director to approve
applications before or after this specified time period. Following the
passage of the Texas Senate Bill 1673 (SB 1673), 80th Legislature,
2007, TCEQ submitted to EPA revisions to section 116.315 on May 30,
2008 to allow the Commission to process a renewal application at the
same time as an amendment for a preconstruction permit, provided the
amendment application is filed not more than three years before the
date the permit is scheduled to expire and is subject to public notice
requirements. The revisions were adopted by the state on May 7, 2008.
With this action, we are approving these revisions and recodifications
of the Permit Renewal Section.
The table below summarizes the changes that were submitted and are
affected by this action. A summary of EPA's evaluation of each section
and the basis for this proposal is discussed in section III of this
preamble. The TSD includes a detailed evaluation of the referenced SIP
submittals.
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Date Date adopted
Section Title submitted by the state Comments
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30 TAC 116.311...................... Permit Renewal 12/15/95* 11/16/95* Renamed previously SIP
Application. approved Subsection
(c) to subsections
(d) and (e).
7/22/98* 6/17/98*
9/4/02 8/21/02 Removed pre-existing
non-SIP approved
subsections (d) and
(e) and recodified to
a new 30 TAC 116.315
(a) and (b).
30 TAC 116.315...................... Permit Review 9/4/02 8/21/02 Initial adoption.
Submittal.
9/25/03 8/20/03 Revised previously
recodified subsection
(a); New subsection
(b); Redesignated
former recodified
subsection (b) to
subsection (c).
[[Page 11466]]
5/30/08 5/7/08 Revised subsection
(a); New subsection
(c); Redesignated
former subsection (c)
to subsection (d).
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* Because Texas Repealed and resubmitted each section under Subchapter D in its 7/22/98 submittal, our analysis
includes 12/15/95 and 7/22/98 SIP submittal together.
II. What Action Is EPA Taking?
We have evaluated the SIP submissions for consistency with the CAA,
NSR regulations for major and minor sources in 40 CFR Part 51, and the
approved Texas SIP. We have also reviewed the rules for enforceability
and legal sufficiency. In this review, we have identified that on March
10, 2006, EPA approved revisions to Title 30 of the Texas
Administrative Code (30 TAC), Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification, Section 311--Permit
Renewal Application into the Texas SIP. Since EPA's approval, Texas has
submitted three SIP revisions to section 116.311(c) on December 15,
1995, July 22, 1998 and September 4, 2002. The December 15, 1995 and
July 22, 1998 rule revisions to 116.311(c) are superseded by the
September 4, 2002 SIP submittal. Included in the September 4, 2002
revision to section 116.311, is the recodification of existing
severable provisions from section 116.311(c) to a new section 116.315--
Permit Renewal Submittal.
On September 25, 2003, TCEQ submitted to EPA changes to the new
section 116.315. As a result of the passage of the Texas Senate Bill
1673 (SB 1673), 80th Legislature, 2007, TCEQ submitted additional
revisions to section 116.315 on May 30, 2008. The revisions include
provisions allowing the Commission to process a renewal application at
the same time as an amendment for a preconstruction permit, provided
the amendment application is filed not more than three years before the
date the permit is scheduled to expire and are subject to public notice
requirements.
A technical analysis of the submittals for the Permit Renewal
Application and Permit Renewal Submittal sections has found that these
changes are consistent with the CAA, 40 CFR Part 51 and EPA policies.
Therefore, EPA is taking a direct final action to approve the revision
and recodification of section 116.311(c) to the new section 116.315
rules submitted on December 15, 1995, July 22, 1998, September 4, 2002,
September 25, 2003 and May 30, 2008.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 10, 2010
without further notice unless we receive relevant adverse comment by
April 12, 2010. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
III. EPA's Evaluation
A. What Did Texas Submit for the Permit Renewal Application Section?
The provisions for 30 TAC 116.311--Permit Renewal Application were
submitted to EPA on August 31, 1993 and April 29, 1994. EPA approved
the submitted revisions on March 10, 2006 (71 FR 12285) and became
effective on May 9, 2006. Since EPA's last approval for this section,
TCEQ has submitted three SIP revisions to EPA for the Permit Renewal
Application section on December 15, 1995, July 22, 1998 and September
4, 2002. The SIP revisions submitted to EPA on December 15, 1995 and
July 22, 1998 are superseded by the SIP revision submitted September 4,
2002. The September 4, 2002 SIP submittal also includes several
revisions that remain under review and will not be addressed in this
action. However, with this action, we are approving the recodification
and revision of the existing provisions of section 116.311(c) to a new
section 116.315--Permit Renewal Submittal.
B. What Is EPA's Evaluation of the Permit Renewal Application
Revisions?
The SIP revisions for section 116.311--Permit Renewal Application
revise and recodify the existing provisions. The revisions approved
with this action are described below:
Subsections (d) and (e): The provisions in subsections (d)
and (e) are currently approved as subsection (c). The 1995 and 1998 SIP
revisions reorganized these provisions as subparagraphs (d) and (e) and
made non-substantive changes. In the September 4, 2002, SIP submittal;
these provisions were recodified into a new 30 TAC 116.315(a) and (b).
C. What Did Texas Submit for the Permit Renewal Submittal?
Revisions to the Permit Renewal Submittal were submitted to EPA on
September 25, 2003 and included several non-substantive changes.
However, as a result of the passage of the Texas Senate Bill 1673 (SB
1673), 80th Legislature, 2007 on May 30, 2008, TCEQ submitted to EPA
changes to the Permit Renewal Section to revise and recodify this
section's provisions.
D. What Is EPA's Evaluation of the Permit Renewal Submittal Revisions?
Section 116.315--Permit Renewal Submittal allows the Commission to
process a renewal application at the same time as an amendment for a
preconstruction permit, provided the amendment application is filed not
more than three years before the date the permit is scheduled to expire
and is subject to public notice requirements. The revisions approved
with this action are described below:
Subsection (a): This subsection is currently approved as
30 TAC 116.311 (c). Subsection (c) was recodified and reorganized as 30
TAC 116.311(d) and (e), submitted December 15, 1995 and July 22, 1998,
with revisions, which EPA has not yet approved. On September 4, 2002,
Texas recodified 30 TAC 116.311(d) and (e) as 30 TAC 116.315(a) and (b)
with non-substantive changes. In the September 25, 2003 submittal,
Texas changed the date for submitting a renewal application from 90
days prior to the permit expiration date to no earlier than 18 months
prior
[[Page 11467]]
to the expiration of the permit expiration date. In the May 30, 2008
submittal, Texas revised the first sentence of subsection (a) to
provide that the provisions apply, except as provided in subsection (b)
and (c). EPA's technical review has found that this change is an
improvement of the existing requirements. Therefore, we are approving
the revisions to subsection (a).
Subsection (b): In the September 4, 2002, submittal, the
last sentence of subsection (a) was replaced with a new subsection (b)
which provides that with approval of the Executive Director, an
application for renewal may be submitted after the time period in
subsection (a). This revised provision is broader than the current SIP
provisions and is beyond the current CAA requirements and EPA NSR
requirements. Therefore, by approving this revision into the SIP, the
existing rule language will be clarified and enhanced.
Subsection (c): This new subsection, submitted May 30,
2008, provides that a renewal application with appropriate fee may be
submitted at the same time as an amendment application to modify an
existing facility as long as it is submitted not more than three years
before the permit's expiration date and the amendment is subject to
public notice requirements under Texas Health Code, section 382.056,
Notice of Intent to Obtain Permit or Permit Review; Hearing. The Texas
public participation and air permit rules may be found in 30 TAC
Chapter 39 and 30 TAC 101, respectively, and are severable from the
section 116.315 provisions. Because the revisions to this section
affect the timing of permit renewals and do not change the requirements
for public notice and permit fees, EPA is approving this change.
Subsection (d): This was initially submitted as subsection
(b) on September 4, 2002. This subsection was recodified as subsection
(c) in the September 25, 2003, submittal, then recodified to subsection
(d) in the May 8, 2008 submittal. Other than the two recodifications,
no changes were made. The recodification of subsection (d) is a non-
substantial change; therefore, EPA is approving this revision.
IV. Final Action
EPA is taking direct final action to approve severable portions of
revisions to the SIP Texas submitted on December 15, 1995, July 22,
1998, September 4, 2002, September 25, 2003, and May 30, 2008. We have
determined that the revised rules clarify and enhance the existing SIP.
Within the TSD, several sections of these SIP submittals are
identified as being included in this action. Sections 116.115, 116.120
and 116.315 are currently under review and EPA will act on these
revisions separately. The remaining sections have been addressed by EPA
in prior separate actions.
V. 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 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 (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, 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.
The Congressional Review Act, 5 U.S.C. section 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 May 10, 2010. 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: March 2, 2010.
Al Armendariz,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 11468]]
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 116, Subchapter D, as follows:
0
a. By revising the entry for Section 116.311, Permit Renewal
Application; and
0
b. Immediately following the entry for Section 116.314, Review
Schedule, by adding a new entry for Section 116.315, Permit Renewal
Submittal.
The revision and addition 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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* * * * * * *
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Chapter 116--Control of Air Pollution by Permits for New Construction or Modification
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* * * * * * *
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Subchapter D--Permit Renewals
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* * * * * * *
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Section 116.311............... Permit Renewal 4/6/1994 3/10/2006, 71 FR The SIP does not
Application. 12285. include subsection
(c). The requirements
of subsection (c) were
added to Section
116.315 and approved
by EPA on March 11,
2010 [Insert FR page
number where document
begins].
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* * * * * * *
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Section 116.315............... Permit Renewal 5/7/2008 March 11, 2010 .......................
Submittal. [Insert FR page
number where
document begins].
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* * * * * * *
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[FR Doc. 2010-5240 Filed 3-10-10; 8:45 am]
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