[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66915-66916]
[FR Doc No: 2015-27771]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4241-DR; Docket ID FEMA-2015-0002]

South Carolina; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Carolina (FEMA-4241-DR), dated October 5, 2015,
and related determinations.

DATES: Effective Date: October 22, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and

Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of South Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 5, 2015.

    Aiken and Dillon Counties for Public Assistance.
    Calhoun and Greenwood Counties for Public Assistance (already
designated for Individual Assistance).
    Charleston and Lexington Counties for Public Assistance
(Categories C-G)(already designated for Individual Assistance and
debris removal and emergency protective measures [Categories A and
B], including direct federal assistance, under the Public Assistance
program).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-27771 Filed 10-29-15; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Notices]
[Page 39931-39932]
[DOCID:fr13jy10-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-0487; FRL-8830-3]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Reporting and Recordkeeping for Asbestos Abatement
Worker Protection; EPA ICR No. 1246.11, OMB Control No. 2070-0072

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``Reporting and Recordkeeping for Asbestos Abatement Worker
Protection'' and identified by EPA ICR No. 1246.11 and OMB Control No.
2070-0072 is scheduled to expire on January 31, 2011. Before submitting
the ICR to OMB for review and approval, EPA is soliciting comments on
specific aspects of the proposed information collection.

DATES: Comments must be received on or before September 13, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2010-0487, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2010-0487. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2010-0487. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://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 regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means 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 regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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 docket index
available at http://www.regulations.gov. 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
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Robert Courtnage, National Program Chemicals Division (7404T), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.

    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply
to?

    Affected entities: Entities potentially affected by this action
include state and local government employers in the 25 states, the
District of Columbia, and certain other U.S. territories that have
employees engaged in asbestos-related construction, custodial, and
brake and clutch repair activities without the Occupational Safety and
Health Administration (OSHA)-approved state plans.
    Title: Reporting and Recordkeeping for Asbestos Abatement Worker
Protection.
    ICR numbers: EPA ICR No. 1246.11, OMB Control No. 2070-0072.
    ICR status: This ICR is currently scheduled to expire on January
31, 2011. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: EPA's asbestos worker protection rule is designed to
provide occupational exposure protection to state and local government
employees who are engaged in asbestos abatement activities in states
that do not have state plans approved by OSHA. The rule provides
protection for public employees not covered by the OSHA standard from
the adverse health effects associated with occupational exposure to
asbestos. Specifically the rule requires state and local governments to
monitor employee exposure to asbestos, take action to reduce exposure
to asbestos, monitor employee health, and train employees about
asbestos hazards.
    The rule includes a number of information reporting and
recordkeeping requirements. State and local government agencies are
required to provide employees with information about exposures to
asbestos and the associated health effects. The rule also requires
state and local governments to notify EPA before commencing any
asbestos abatement project. State and local governments must maintain
medical surveillance and monitoring records and training records on
their employees, must establish a set of written procedures for
respirator programs, and must maintain procedures and records of
respirator fit tests. EPA will use the information to monitor
compliance with the asbestos worker protection rule. This request
addresses these reporting and recordkeeping requirements.
    Responses to the collection of information are mandatory (see 40
CFR part 763, subpart G). Respondents may claim all or part of a notice
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.32
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 22,488.
    Frequency of response: On occasion; includes third-party
notification.
    Estimated total average number of responses for each respondent:
51.
    Estimated total annual burden hours: 363,523 hours.
    Estimated total annual costs: $13,982,371. This includes an
estimated burden cost of $13,982,371 and an estimated cost of $0 for
capital investment or maintenance and operational costs.

IV. Are There Changes in the Estimates from the Last Approval?

    There is a decrease of 40,228 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. The principal reason for this decrease is because
Illinois has adopted an OSHA-approved state plan since OMB last
approved this information collection, reducing the number of affected
states from 26 to 25 (and the District of Columbia). This in turn
reduced the number of respondents subject to this information
collection. This change is an adjustment.

V. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: July 7, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

[FR Doc. 2010-17030 Filed 7-12-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30291-30292]
[FR Doc No: 2016-11519]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-117-000.
    Applicants: Northern States Power Company, a Wisconsin Corporation.
    Description: Application of Northern States Power Company, a
Wisconsin corporation for Authorization under FPA Section 203 to
Acquire Jurisdictional Assets.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5106.
    Comments Due: 5 p.m. ET 5/31/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-78-010.
    Applicants: UNS Electric, Inc.
    Description: Compliance filing: Attachment K Compliance Filing to
be effective 10/1/2015.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5113.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER13-415-003.
    Applicants: Anahau Energy, LLC.
    Description: Supplement to December 31, 2015 Triennial market power
update of Anahau Energy, LLC for SPP region.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5105.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1398-002.
    Applicants: Provision Power & Gas, LLC.
    Description: Tariff Amendment: Market-Based Rates Tariff to be
effective 5/1/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5098.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1411-001.
    Applicants: CNR Energy LLC.
    Description: Tariff Amendment: Amendment of CNR Energy LLC Baseline
MBR Filing to be effective 7/1/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5085.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1652-000.
    Applicants: LifeEnergy LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 5/10/2016.
    Filed Date: 5/9/16.
    Accession Number: 20160509-5166.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1654-000.
    Applicants: Balance Power Systems, LLC.

    Description: Notice of cancellation of market based tariff of
Balance Power Systems, LLC.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5100.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1655-000.
    Applicants: PacifiCorp.
    Description: Section 205(d) Rate Filing: WAPA Non-Conforming SGIA ?
Olmsted Hydro to be effective 5/3/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5108.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1656-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2016-05-10_SA 2918 GRE-
NSPM Paynesville-Hawick T-TIA to be effective 5/11/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5119.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1657-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) Rate Filing: SGIA and LGIA with AES
Tehachapi Wind, LLC to be effective 5/1/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5127.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1658-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) Rate Filing: 2016 Revised Added
Facilities Rate under TO--Filing No. 4 to be effective 7/10/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5129.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1659-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Original Interim ISA No.
4455, Queue No. AA1-038 to be effective 4/14/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5137.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1660-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Initial rate filing: Van Tyle Transmission Facilities
Agreement to be effective 5/5/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5147.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1661-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Initial rate filing: Van Tyle Transmission Facilities
Agreement to be effective 5/5/2016.
    Filed Date: 5/10/16.
    Accession Number: 20160510-5159.
    Comments Due: 5 p.m. ET 5/31/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 10, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-11519 Filed 5-13-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Rules and Regulations]
[Page 72720-72723]
[DOCID:fr07de05-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0030; FRL-8005-9]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to Regulations for Control of Air Pollution by Permits for
New Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to approve revisions to
the Texas State Implementation Plan (SIP) which the Texas Commission on
Environmental Quality (TCEQ) submitted to EPA on February 5, 2004. The
adopted amendments revise minimum distance limitation permit
requirements for operation of new and modified sources to allow storage
of an inoperative concrete crusher within 440 yards of a residence,
school, or place of worship; define how distance measurements should be
taken and when they would be applicable to concrete crushers and other
facilities; and allow concrete crushers to recycle broken concrete at
temporary demolition sites within 440 yards of nearby buildings, unless
the facility is located in a county with a population of 2.4 million or
more, or in a county adjacent to such a county. The TCEQ also revised
the existing distance limitation for hazardous waste management
facilities to cross-reference duplicative language elsewhere in its
regulations. This action is being taken under section 110 of the
Federal Clean Air Act (the Act, or CAA).

DATES: This rule is effective on February 6, 2006, without further
notice, unless EPA receives adverse comment by January 6, 2006. 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 Regional Material in
EDocket (RME) ID No. R06-OAR-2005-TX-0030, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/, Regional

Material in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm.
 Please click on ``6PD'' (Multimedia) and select

``Air'' before submitting comments.
     E-mail: Mr. David Neleigh at<EMAIL_ADDRESS>Please
also forward a copy to the person listed in the FOR FURTHER INFORMATION
CONTACT section below.
     Fax: Mr. David Neleigh, Chief, Air Permits Section (6PD-
R), at fax number<PHONE_NUMBER>.
     Mail: Mr. David Neleigh, Chief, Air Permits Section (6PD-
R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. David Neleigh, 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 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Regional Material in RME ID
No. R06-OAR-2005-TX-0030. EPA's policy is that all comments received
will be included in the public file without change, and may be made
available online at http://docket.epa.gov/ rmepub/, including any

personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information the disclosure of which is restricted by statute. Do not
submit information through Regional Material in EDocket (RME),
Regulations.gov, or e-mail if you believe that it is CBI or otherwise
protected from disclosure. The EPA RME Web site and the Federal
regulations.gov are ``anonymous access'' systems, which means 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 RME or regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the public file 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 electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/.
 Although listed in the index, some information is not publicly

available, i.e., CBI 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 in RME or in the official file which is
available 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 or Mr. Bill Deese at
(214) 665-7523 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 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: Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What Is Being Addressed in This Document?
II. Have the Requirements for Approval of a SIP Revision Been Met?
III. What Final Action is EPA Taking?
IV. Statutory and Executive Order Review

I. What Is Being Addressed in This Document?

    We are taking direct final action to approve revisions to Title 30
of the Texas Administrative Code (30 TAC) Section 116.112--Distance
Limitations into the Texas SIP. The TCEQ adopted these revisions on
January 14, 2004, and submitted the revisions to us for approval as a
revision to the SIP on February 5, 2004. The rulemaking implements
Texas House Bills 555 and 1287, section 5.07, 78th Legislature, 2003.
    Section 116.112 currently establishes distance limitations for lead
smelters, hazardous waste facilities, and concrete crushing facilities.
These distance limitations apply to new and modified facilities in
these source categories as conditions of their new source review
authorizations. The existing distance limitations were approved
September 30, 2003 (68 FR 56176).
    The revisions to section 116.112 which TCEQ submitted to EPA on
February 5, 2004, revised the section 116.112 as follows:
     The revised rule allows for storage of an inoperative
concrete crusher within 440 yards of a residence, school, or place or
worship if the residence, school, or place or worship was in use at the
time the owner or operator filed an application for the initial
authorization to operate that facility at that location with the TCEQ.
     The revised rule defines how distance measurements should
be taken and when they would be applicable to distances between
concrete crushers and other facilities.
     The revised rule provides an exemption from minimum
distance limitations for concrete crushing which results from on-site
demolition for use primarily at that site. The exemption is limited to
one period of no more than 180 days and is applicable if the facility
is not located in a county with a population of 2.4 million or more, or
in a county adjacent to such county.
     The citation of the distance limitations for hazardous
waste management facilities was redesignated from section 116.112(2) to
section 116.112(c) and revised to refer to the duplicative distance
limitations for such facilities in 30 TAC section 335.204 (relating to
Unsuitable Characteristics) and section 335.205 (relating to
Prohibition of Permit Issuance). These cross-referenced sections are
equivalent to the former provisions of section 116.112(2). The TCEQ
limited applicability of the cross-referenced provisions to section
335.204, as amended and adopted in the August 22, 2003 issue of the
Texas Register (28 TexReg 6915), and section 335.205, as amended and
adopted in the November 9, 2001 issue of the Texas Register (26 TexReg
9135). Thus hazardous waste management facilities must comply with the
distance limitations in the specific versions of sections 335.204 and
335.205 identified in section 116.112(c). If TCEQ later revises section
335.204 or section 335.205, it must submit an appropriate SIP revision
to EPA to incorporate the revised version of section 335.204 or section
335.205 into section 116.112 and receive EPA approval in order for EPA
to recognize the revised versions of these sections.
    The Technical Support Document, which is part of the record for
this action, contains more detailed information on how the revision
meets the requirements of the Act, including Section 110 and
implementing regulations.

II. Have the Requirements for Approval of a SIP Revision Been Met?

    The distance limitations in section 116.112 are a discretionary
measure not mandated by the CAA. The revision strengthens the SIP by
providing protection for persons located near a lead smelter, concrete
crushing facility, or hazardous waste management facility. By
restricting the location of these types of facilities, the SIP provides
additional assurance that persons located near these types of
facilities will not be adversely affected by exposure to the air
contaminants emitted from these facilities. House Bill 1287 restricts
Texas' authority to provide an exemption from the distance limitation
and measurement requirements to facilities for which the Commission
determines that operation at the location will cause no adverse
environmental or health effects. Texas has stated that compliance with
this condition will be determined during protectiveness review as part
of permit development. The permit review will determine compliance with
section 116.111(2)(A)(i) of the existing SIP, which provides that the
emissions from a new or modified facility will comply with all rules
and regulations of the Commission and with the intent of the Texas
Clean Air Act, including the protection of the health and physical
property of the people. Texas noted that sources must also comply with
the nuisance provisions of section 101.4 of the SIP. We have determined
that the revision meets the requirements of 40 CFR 51.160(a) and
section 110(l) of the CAA because it sets forth legally enforceable
procedures that require the TCEQ to determine whether the construction
or modification will result in a violation of applicable portions of
the control strategy or will interfere with attainment or maintenance
of a national standard. The revision also meets the requirement of 40
CFR 51.160(e) to identify types of facilities that will be subject to
review.

III. What Final Action Is EPA Taking?

    We are approving as a revision to the Texas SIP revisions of 30 TAC
section 116.112--Distance Limitations, which Texas submitted on
February 5, 2004. We are publishing this rule without prior proposal
because we view this as a noncontroversial amendment and anticipate no
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 adverse
comments are received. This rule will be effective on February 6, 2006
without further notice unless we receive adverse comment by January 6,
2006. If we receive 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 at this time. 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.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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 February 6, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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: November 30, 2005.
Carl E. Edlund,
Acting 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.

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entry for Section 116.112 to
read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                                  State
                                                                 approval       EPA
           State citation                  Title/Subject        submittal     approval         Explanation
                                                                   date         date
----------------------------------------------------------------------------------------------------------------

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

                                                 * * * * * * *
                                     Subchapter B--New Source Review Permits
                                         Division 1--Permit Application

                                                  * * * * * * *
Section 116.112.....................  Distance Limitations...     01/14/04     12/07/05

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-23717 Filed 12-6-05; 8:45 am]

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