Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations 8861 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Jim 

Rousseau, Bridge Administration 

Branch Fifth District, Coast Guard; 

telephone (757) 398–6557, email 

James.L.Rousseau2@uscg.mil. If you 

have questions on reviewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates this vertical lift 

bridge, has requested a temporary 

deviation to conduct the biannual 

inspections. 

The existing drawbridge operation 

regulation for the Cape Fear River 

Memorial Bridge is listed in 33 CFR 

117.822. The regulation allows the 

bridge to remain closed to navigation 

once in both July and November to 

accommodate annual marathon races. 

The drawbridge opens on demand at all 

other times. 

Under this temporary deviation, the 

drawbridge will be closed to navigation 

beginning each day from 8 a.m. to 4 

p.m., on March 17, 2014 until March 28, 

2014; however, vessel openings will be 

provided if at least two hours advance 

notice is given. At all other times, the 

drawbridge will operate under its 

normal schedule. 

The Cape Fear River Memorial Bridge, 

at mile 26.8, at Wilmington, NC, has 

vertical clearances in the open and 

closed positions of 135 feet and 65 feet 

above mean high water, respectively. 

Typical vessel traffic on the Cape Fear 

River includes a variety of vessels from 

freighters, tug and barge traffic, and 

recreational vessels. Vessels that can 

pass under the bridge without a bridge 

opening may continue to do so at 

anytime. There are no alternate routes 

for vessels transiting this section of the 

Cape Fear River. The drawbridge will be 

able to open in the event of an 

emergency. The Coast Guard has 

carefully coordinated the restrictions 

with commercial and recreational 

waterway users. The Coast Guard will 

inform all users of the waterway 

through our Local and Broadcast Notice 

to Mariners of the closure periods for 

the bridge so that vessels can arrange 

their transits to minimize any impacts 

caused by the 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: February 6, 2014. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2014–03307 Filed 2–13–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0528; FRL–9906–60– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

Standard Permit for Oil and Gas 

Facilities and Standard Permit 

Applicability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the revisions 

to the Texas New Source Review (NSR) 

State Implementation Plan (SIP) 

submitted by the Texas Commission on 

Environmental Quality (TCEQ) on 

September 20, 1995; April 19, 1996; July 

22, 1998; and September 11, 2000. 

These revisions to the Texas SIP 

establish the Standard Permit for 

Installation and/or Modification of Oil 

and Gas Facilities. EPA is also 

approving non-substantive revisions to 

the Texas Standard Permit SIP rules 

relating to applicability, submitted on 

February 1, 2006, and March 11, 2011. 

EPA is taking these actions in 

accordance with section 110 of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

March 17, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0528. 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 Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, Air Permits Section (6PD– 

R), telephone (214) 665–2115, email 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our December 24, 

2013, proposal (78 FR 77261). In that 

notice, we proposed to approve four 

submittals from the State of Texas as 

revisions to the Texas New Source 

Review (NSR) State Implementation 

Plan (SIP) that incorporate the Standard 

Permit for Installation and/or 

Modification of Oil and Gas Facilities 

(hereafter referred to as the ‘‘Oil and Gas 

Standard Permit’’). Texas initially 

submitted the Standard Permit 

provisions on September 20, 1995, and 

submitted subsequent revisions to those 

provisions on April 19, 1996; July 22, 

1998; and September 11, 2000. The 

proposed approval and accompanying 

Technical Support Document explain 

the existing SIP-approved Standard 

Permit Program in Texas; give a 

summary of each of the submittals being 

addressed in this action; and explain 

how those submittals comply with the 

applicable federal requirements. The 

proposal further explains that the Oil 

and Gas Standard Permit includes 

standardized conditions for the 

emission units located at oil and gas 

facilities that may be authorized by the 

Standard Permit. If a proposed project at 

an oil and gas facility includes any 

emission units that are not explicitly 

covered by the Oil and Gas Standard 

Permit, the permit applicant must 

obtain another type of Standard Permit 

authorization, a permit-by-rule (PBR) or, 

if necessary, case-by-case NSR 

permitting for authorization. 

In the December 24, 2013 proposal, 

we also proposed to approve submittals 

from the State of Texas as a revision to 

the NSR SIP that contain nonsubstantive changes to the applicability 


tkelley on DSK3SPTVN1PROD with RULES
8862 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations 

1Texas adopted the Non-Rule Standard Permit in 

accordance with 30 TAC Section116.601(a)(2). EPA 

approved this process for Texas to adopt non-rule 

standard permits into the Texas SIP on November 

14, 2003. 68 FR 64543. 

provisions of the Standard Permits SIP 

permitting program. Texas submitted 

revisions to the Standard Permit 

applicability provisions on February 1, 

2006 and resubmitted them on March 

11, 2011. 

II. Response to Comments 

We received comments from the 

Texas Commission on Environmental 

Quality (TCEQ) and the Texas Pipeline 

Association (TPA) on our December 24, 

2013 proposal. The comments we 

received can be accessed from the 

www.regulations.gov Web site (Docket 

No. EPA–R06–OAR–2011–0528). 

Generally, both the TCEQ and TPA were 

supportive of our proposed action and 

expressed agreement with our analysis. 

However, each commenter provided the 

following information concerning our 

proposed rulemaking for which EPA 

would like to provide clarification. 

Comment 1: The TCEQ notes that the 

commission adopts standard permits in 

an open meeting, for which notice is 

posted at least seven days in advance 

and which provides additional 

opportunity for public comment on the 

standard permit. Further, registration is 

required for the Oil and Gas Standard 

Permit. 

Response 1: EPA acknowledges the 

TCEQ’s support of our rulemaking and 

appreciates the additional information 

provided by the TCEQ regarding the 

rules and processes for implementing 

the Standard Permit program. We agree 

that, in addition to a public hearing, the 

TCEQ is required to adopt Rule 

Standard Permits in an open meeting 

and post notice of the open meeting 

seven days in advance of the event. The 

public meetings provided the public 

with an additional opportunity for 

public comment on the Oil and Gas 

Standard Permit as adopted and 

amended. EPA has prepared a 

Supplement to the Technical Support 

Document to include the clarification 

from TCEQ. This Supplement to the 

Technical Support Document is 

available in our rulemaking docket, 

EPA–R06–OAR–2011–0528. EPA also 

recognizes that applicants must register 

the use of the Standard Permit. 

Comment 2: The TPA commented that 

‘‘Through incorporation by reference in 

TCEQ’s Non-Rule Standard Permit, the 

terms of the Oil and Gas Standard 

Permit continue to authorize existing 

and unchanged facilities throughout the 

State of Texas and new projects and 

dependent facilities in all Texas 

counties except for 15 counties located 

in the Barnett Shale area.’’ 

Response 2: EPA acknowledges the 

support of the TPA for our rulemaking, 

but must clarify and correct that 

statement made in Comment 2 above. 

The Oil and Gas Standard Permit 

addressed in this action is a separate 

Minor NSR permit mechanism from the 

Non-Rule Standard Permit for Oil and 

Gas. While similar source categories are 

authorized under each, the Non-Rule 

Standard Permit for Oil and Gas applies 

only to the 15 counties in the Barnett 

Shale region. The Oil and Gas Standard 

Permit applies throughout the State of 

Texas, with the exception of the 15 

counties, for the listed categories of 

sources. Additionally, Texas 

promulgated this Oil and Gas Standard 

Permit by regulation at 30 TAC 116.620, 

and it is not incorporated into the NonRule Standard Permit, which was 

developed through a separate process 

under the SIP.1

III. Final Action 

We are approving SIP submittals from 

the State of Texas for the Minor NSR Oil 

and Gas Standard Permit at 30 TAC 

Section 116.620 as submitted September 

20, 1995; April 19, 1996; July 22, 1998; 

and September 11, 2000. The types of 

emission units that may be authorized 

by this section are the following: 

Internal combustion engines (ICEs), 

natural gas turbines (NG turbines), 

flares, other combustion units (design 

heat input >40 million BTU per hour), 

natural gas glycol dehydration units, 

storage tanks, separators, condensers, 

vapor recovery units, process vents, and 

process fugitives. We are also approving 

the submittals for the Standard Permit 

SIP rules making non-substantive 

changes to the Standard Permit 

applicability provisions in 30 TAC 

Sections 116.610(a) and (b) as submitted 

February 1, 2006, and resubmitted 

March 11, 2011. We are approving these 

SIP revisions in accordance with section 

110 of the CAA. 

IV. 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 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, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Rules and Regulations 8863 

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 April 15, 2014. 

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, 

Hydrocarbons, Intergovernmental 

relations, Lead, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: February 3, 2014. 

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. The table in § 52.2270(c) titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by revising the 

entry for 116.610 and adding a new 

entry for Section 116.620 immediately 

after the entry for Section 116.615. 

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

*******

Subchapter F—Standard Permits 

*******

Section 116.610 ............. Applicability ................... 1/11/2006 2/14/2014 [Insert FR 

page number where 

document begins].

The SIP does not include subsection 116.610(d). 

* * * * * * * 

Section 116.620 ............. Installation and/or Modification of Oil and 

Gas Facilities.

8/9/2000 2/14/2014 [Insert FR 

page number where 

document begins].

The types of emission units that may be authorized by this section are the following: 

• Internal combustion engines (ICEs), 

• Natural gas turbines (NG turbines), 

• Flares, 

• Other combustion units (design heat input 

>40 million BTU per hour), 

• Natural gas glycol dehydration units, 

• Storage tanks, 

• Separators, 

• Condensers, 

• Vapor recovery units, 

• Process vents, and 

• Process fugitives 

* * * * * * * 

* * * * * 

[FR Doc. 2014–03173 Filed 2–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Correcting amendments. 

SUMMARY: The Legal Services 

Corporation (Corporation) published a 

document in the Federal Register on 

February 5, 2014 (79 FR 6836), revising 

Corporation rules. The heading for the 

table in Appendix A to Part 1611 of this 

document incorrectly lists the 

information as the Legal Services 

Corporation 2013 Income Guidelines, 


tkelley on DSK3SPTVN1PROD with RULES