Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations 60295 

bascule bridge and has a vertical 

clearance in the closed position of 14 

feet above mean high water. 

The current operating schedule is set 

out in 33 CFR 117.843(a). Under this 

temporary deviation, the bridge will 

open to marine traffic every two hours, 

on the hour, from 9 a.m. until 7 p.m. on 

October 10, 2015 and from 9 a.m. until 

5 p.m. on October 11, 2015. The bridge 

will operate per 33 CFR 117.843(a) from 

7 p.m. on October 10, 2015 until 9 a.m. 

on October 11, 2015. The Trent River is 

used by a variety of vessels including 

small commercial vessels and 

recreational vessels. The Coast Guard 

has carefully coordinated the 

restrictions with commercial and 

recreational waterway users. 

Vessels able to pass through the 

bridge in the closed position may do so 

at any time. The bridge will be able to 

open for emergencies and there is no 

alternate route for vessels unable to pass 

through the bridge in the closed 

position. The Coast Guard will also 

inform the users of the waterways 

through our Local and Broadcast Notice 

to Mariners of the change in operating 

schedule for the bridge so that vessels 

can arrange their transits to minimize 

any impacts caused by this temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 1, 2015. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2015–25372 Filed 10–5–15; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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, 

wilson.aimee@epa.gov. 

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. 


srobinson on DSK5SPTVN1PROD with RULES
60296 Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 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: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA Approval date Explanation 

*******

Chapter 39—Public Notice 

Subchapter H—Applicability and General Provisions 

Section 39.402 ........................ Applicability to Air Quality 

Permits and Permit Amendments.

6/2/2010 10/6/2015 [Insert Federal 

Register citation].

SIP includes 39.402 (a)(1)– 

(a)(6), (a)(8), (a)(11), and 

(a)(12). 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Rules and Regulations 60297 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA Approval date Explanation 

*******

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

Subchapter A—Definitions 

*******

Section 116.20 ........................ Portable Facilities Definitions 2/10/2010 10/6/2015 [Insert Federal 

Register citation].

Subchapter B—New Source Review Permits 

*******

Division 8—Portable Facilities 

Section 116.178 ...................... Relocations and Changes of 

Location of Portable Facilities.

2/10/2010 10/6/2015 [Insert Federal 

Register citation].

* * * * * * * 

[FR Doc. 2015–25343 Filed 10–5–15; 8:45 am] 

BILLING CODE 6560–50–P 


srobinson on DSK5SPTVN1PROD with RULES