Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations 15 

of the security zone is unnecessary or 

impractical for the purpose of maritime 

security. 

(g) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: December 16, 2010. 

J.M. Nunan, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. 2010–33120 Filed 12–30–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0012; 

FRL–9246–3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Emissions Banking and Trading of 

Allowances Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving portions of 

four revisions to the Texas State 

Implementation Plan (SIP) that create 

and amend the Emissions Banking and 

Trading of Allowances (EBTA) Program. 

The EBTA Program establishes a cap 

and trade program to reduce emissions 

of oxides of nitrogen (NOX) and sulfur 

dioxide (SO2) from participating electric 

generating facilities. The Texas 

Commission on Environmental Quality 

(TCEQ) originally submitted the EBTA 

program to EPA as a SIP revision on 

January 3, 2000. Since that time, the 

TCEQ has submitted SIP revisions for 

the EBTA Program on September 11, 

2000; July 15, 2002; and October 24, 

2006. EPA has determined 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 

taken under section 110 and parts C and 

D of the Act. 

DATES: This final rule will be effective 

February 2, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2005–TX–0012. All 

documents in the docket are listed in 

the http://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:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

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 or Mr. Bill Deese at 

214–665–7253 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 submittal related to this SIP 

revision, and which is part of the EPA 

docket, is also available for public 

inspection at the State Air Agency listed 

below 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: If 

you have questions concerning today’s 

final rule, please contact Ms. Adina 

Wiley (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 

Suite 1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–2115. 

Ms. Wiley can also be reached via 

electronic mail at wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the 

EPA. 

Table of Contents 

I. What final action is EPA taking? 

II. What is the background for this action? 

III. What are EPA’s responses to comments 

received on the proposed action? 

IV. Statutory and Executive Order Reviews 

I. What final action is EPA taking? 

We are fully approving severable 

portions of four revisions to the Texas 

State Implementation Plan (SIP) that 

create and amend the Emissions 

Banking and Trading of Allowances 

(EBTA) Program. The EBTA Program 

establishes a cap and trade program to 

reduce emissions of oxides of nitrogen 

(NOX) and sulfur dioxide (SO2) from 

participating electric generating 

facilities. The TCEQ originally 

submitted the EBTA program to EPA as 

a SIP revision on January 3, 2000. Since 

that time, the TCEQ has submitted SIP 

revisions for the EBTA Program on 

September 11, 2000; July 15, 2002; and 

October 24, 2006. 

EPA acted on the above SIP revisions 

through a direct final rulemaking and 

accompanying proposed rule action on 

November 16, 2010, at 75 FR 69884 and 

75 FR 69909, respectively. In our direct 

final action we stated that we would 

withdraw our direct final approval if we 

received relevant adverse comments 

before December 16, 2010. Because EPA 

received one adverse comment, we 

withdrew our direct final action on 

December 15, 2010. As we discussed in 

our direct final and proposed 

rulemaking actions, we are proceeding 

with a final action and responding to 

the comments received in this notice. 

Today, we are approving the EBTA 

program and subsequent revisions as we 

proposed and find that they comply 

with the CAA and EPA regulations, are 

consistent with EPA policies, and will 

improve air quality. This final approval 

is being taken under parts C and D of 

the CAA. 

II. What is the background for this 

action? 

The TCEQ created the EBTA Program 

to implement the requirements of Texas 

Senate Bill 7 (SB 7), from the 76th 

Legislature, 1999, which deregulated the 

electric utility industry. Under Texas SB 

7, TCEQ was required to develop a 

permitting system and a mass cap and 

trade system to distribute allowances for 

use by electric generating facilities. The 

EBTA program is designed to achieve a 

50 percent reduction in NOX emissions 

and a 25 percent reduction in SO2

emissions, both based on 1997 heat 

input data, from participating sources. 

EPA has taken separate action on the 

permitting system required under Texas 

SB 7 and established at 30 TAC Chapter 

116, Subchapter I (See docket EPA– 

R06–OAR–2005–TX–0031). 

In our November 16, 2010, direct final 

action, we presented our evaluation of 

the EBTA program. Generally, SIP rules 

must be enforceable and must not relax 

existing requirements. See Clean Air Act 

sections 110(a), 110(l), and 193. EPA’s 

review of the January 3, 2000; 

September 11, 2000; July 15, 2002; and 

October 24, 2006 SIP revisions finds 

that all 4 SIP submittals are consistent 

with the requirements at 40 CFR Part 51 

and are considered complete SIP 

submittals in accordance with 40 CFR 

Part 51, Appendix V. This detailed 

analysis is available in the Technical 

Support Document (TSD) for this 

rulemaking. Additionally, we reviewed 

the EBTA program with respect to EPA’s 


srobinson on DSKHWCL6B1PROD with RULES
16 Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations 

Economic Incentive Program (EIP) 

Guidance ‘‘Improving Air Quality with 

Economic Incentive Programs’’ (EPA– 

452/R–01–001, January 2001) (EIP 

Guidance). Our analysis, as detailed in 

the TSD accompanying this rulemaking, 

finds that the EBTA program is 

consistent with the criteria for 

discretionary source specific emissions 

cap programs. The EBTA program will 

provide compliance flexibility to 

participating electric generating 

facilities in Texas and achieve the 

programmatic emission reduction goals 

of Texas SB 7. Further, EPA finds that 

the EBTA program is consistent with 

section 110(l) of the CAA and will not 

interfere with any applicable 

requirements concerning attainment and 

reasonable further progress towards 

attainment of the NAAQS or any other 

applicable requirements of the Act. 

III. What are EPA’s responses to 

comments received on the proposed 

action? 

EPA received one adverse comment 

on our proposed action, available in the 

docket. As discussed previously, 

because we received an adverse 

comment within the comment period, 

EPA withdrew our direct final 

rulemaking on December 15, 2010. We 

are proceeding with a separate final 

action on the EBTA program in this 

notice. 

Comment 1: The comment EPA 

received states in its entirety: ‘‘No cap 

and trade other than through Congress!’’ 

Response 1: The commenter did not 

provide any basis for why cap and trade 

should only be done through Congress 

or provide any specific comment on the 

EBTA program. There is nothing in the 

comment that convinces EPA that the 

EBTA program should not be approved. 

The Clean Air Act was enacted by 

Congress. 42 U.S.C.A. 7401. Under the 

Act, EPA is authorized to set clean air 

standards. 42 U.S.C.A. 7409. States are 

authorized to choose control strategies 

to meet these standards. 42 U.S.C.A. 

7410(a). EPA can approve the strategies 

into State implementation plans, as long 

as the strategies are consistent with the 

Act. 42 U.S.C.A. 7410(l). As we stated 

in our proposal, and in section II of this 

notice, EPA finds the EBTA program to 

be consistent with the Act. EPA is 

making no changes to our proposed 

action as a result of this comment. 

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, 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. 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 March 4, 2011. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: December 21, 2010. 

Carl E. Edlund, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by adding a new 

centered heading titled ‘‘Division 2— 

Emissions Banking and Trading of 

Allowances’’ immediately after the entry 

for Section 101.311 under Chapter 

101—General Air Quality Rules, 

Subchapter H—Emissions Banking and 

Trading, followed by new entries for 

sections 101.330, 101.331, 101.332, 

101.333, 101.334, 101.335, 101.336, 

101.338 and 101.339. 

The additions read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations 17 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/Subject 

State approval/submittal date 

EPA approval date Explanation 

Chapter 101—General Air Quality Rules 

* * * * * * * 

Subchapter H—Emissions Banking and Trading 

* * * * * * * 

Section 101.311 ........ Program Audits and Reports ................ 11/10/04 9/6/06, 71 FR 52698. 

Division 2—Emissions Banking and Trading of Allowances 

Section 101.330 ........ Definitions ............................................. 12/16/1999 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.331 ........ Applicability ........................................... 12/16/1999 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.332 ........ General Provisions ................................ 12/16/1999 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.333 ........ Allocation of Allowances ....................... 08/09/2000 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.334 ........ Allowance Deductions ........................... 12/16/1999 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.335 ........ Allowance Banking and Trading ........... 12/16/1999 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.336 ........ Emission Monitoring, Compliance Demonstration, and Reporting.12/16/1999 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.338 ........ Emission Reductions Achieved Outside 

the United States.

10/04/2006 1/3/2011 [Insert FR page number 

where document begins]. 

Section 101.339 ........ Program Audits and Reports ................ 10/04/2006 1/3/2011 [Insert FR page number 

where document begins]. 

* * * * * * * 

[FR Doc. 2010–32968 Filed 12–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified 

BFEs determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 


srobinson on DSKHWCL6B1PROD with RULES