42078 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Proposed Rules 

claimants and veterans service 

organizations, that VA had established 

temporary claims-handling procedures 

for claimants who allege that they 

submitted a claim-related document or 

evidence during the aforementioned 

time period that was not of record in 

official VA files. Furthermore, it is VA’s 

general policy that any claimant can 

assert at any time that VA misplaced or 

inadvertently destroyed documents and 

that VA will take appropriate action 

under existing procedures. Therefore, 

upon further study we have determined 

that this rulemaking is unnecessary. VA 

is withdrawing the proposed rule as it 

is no longer required. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on June 9, 2011, for 

publication. 

Dated: July 13, 2011. 

Robert C. McFetridge, 

Director, Office of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

[FR Doc. 2011–17959 Filed 7–15–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0025; FRL–9439– 

7] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

General Definitions; Definition of 

Modification of Existing Facility 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; Proposed 

withdrawal of prior proposed 

disapproval. 

SUMMARY: EPA is proposing to approve 

revisions to the applicable State 

Implementation Plan (SIP) for the State 

of Texas that relate to severable portions 

of the definition of ‘‘modification of 

existing facility’’ in the general 

definitions for the Texas NSR Program. 

EPA proposes to find that these changes 

to the Texas SIP comply with the 

Federal Clean Air Act (the Act or CAA) 

and EPA regulations, and are consistent 

with EPA policies. EPA is also 

proposing to withdraw an action 

proposed on September 23, 2009, 

regarding two provisions that have been 

superseded by later submitted revisions. 

EPA is taking this action under section 

110 of the Act. 

DATES: Comments must be received on 

or before August 17, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2005–TX–0025 by one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

(2) E-mail: Mr. Stanley M. Spruiell at 

spruiell.stanley@epa.gov. 

(3) U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

(4) Fax: Mr. Stanley M. Spruiell, Air 

Permits Section (6PD–R), at fax number 

214–665–6762. 

(5) Mail: Mr. Stanley M. Spruiell, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(6) Hand or Courier Delivery: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2005– 

TX–0025. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means that EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the http:// 

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 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 Freedom of 

Information Act 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 submittals, which are part 

of the EPA docket, are also available for 

public inspection at the State Air 

Agency during official business hours 

by appointment: Texas Commission on 

Environmental Quality (TCEQ), Office 

of Air Quality, 12124 Park 35 Circle, 

Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

(214) 665–6762; e-mail address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Proposed Rules 42079 

any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is 

used, we mean EPA. 

Table of Contents 

I. The State’s Submittals 

II. What action is EPA proposing to take? 

III. EPA’s Evaluation of the Severable 

Portions of the Definition of 

‘‘Modification of Existing Facility’’ 

A. Section 30 TAC 116.10(11)— 

Introductory Paragraph of the Definition 

of ‘‘Modification of Existing Facility’’ 

1. What is the background of the 

introductory paragraph of 30 TAC 

116.10(11)? 

2. What is EPA’s evaluation of the 

submitted revisions to the introductory 

paragraph of 30 TAC 116.10(11)? 

B. Section 30 TAC 116.10(11)(C)— 

Exclusion for Maintenance and 

Replacement of Equipment 

1. What is the background of 30 TAC 

116.10(11)(C)? 

2. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 

116.11(C)? 

C. Section 30 TAC 116.10(11)(D)— 

Exclusion for an Increase in Annual 

Hours of Operation 

1. What is the background of 30 TAC 

116.10(11)(D)? 

2. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 

116.10(11)(D)? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. The State’s Submittals 

On March 13, 1996; July 22, 1998; and 

September 4, 2002; the State of Texas 

submitted revisions to the Texas State 

Implementation Plan (SIP) concerning 

the definition of ‘‘modification of 

existing facility’’ for minor source 

permitting under Title 30 of the Texas 

Administrative Code (30 TAC), Chapter 

116—Control of Air Pollution by 

Permits for New Construction or 

Modification, Subchapter A— 

Definitions. The definition of 

‘‘modification of existing facility’’ is 

located at 30 TAC 116.10(11) in the 

September 4, 2002 submittal. The March 

13, 1996, revisions to this definition 

were repealed and readopted, and new 

versions were submitted to EPA on July 

22, 1998. This definition was later 

recodified from 30 TAC 116.10(9) to 

116.10(11) in a SIP submittal dated 

September 4, 2002. 

Section 30 TAC 116.10—General 

Definitions—is currently approved as 

adopted by Texas on August 21, 2002, 

and as approved April 14, 2010 (75 FR 

19468). As approved, the current SIP 

does not include all the definitions 

under Section 116.10, including the 

definition of ‘‘modification of existing 

facility’’ found in Section 116.10(11). 

Today, we propose to approve the 

portions of this definition first adopted 

by Texas on February 14, 1996 

(submitted March 13, 1996). The next 

submittal reflects the Texas repeal and 

readoption of this definition as Section 

116.10(9) on June 17, 1998 (submitted 

July 22, 1998). The regulatory history of 

the March 13, 1996 submittal was used 

to evaluate the later submittals. We 

propose to approve the definition 

‘‘modification of existing facility’’ as 

submitted on July 22, 1998, and the 

redesignation of this definition to 

Section 116.10(11) adopted August 21, 

2002 (submitted September 4, 2002). We 

also propose to approve Subparagraphs 

(C) and (D) of this definition as 

submitted July 22, 1998, and September 

4, 2002. 

Finally, please note that Texas 

submitted further revisions to 30 TAC 

116.10 on October 5, 2010. This 

includes the removal of two definitions, 

the renumbering of other definitions, 

and revisions to certain definitions. In 

this October 2010 submittal, TCEQ 

renumbered the definition of 

‘‘modification of existing facility’’ to 

Section 116.10(9) and relettered 

Subparagraphs (C) and (D) to 

Subparagraphs (B) and (C), respectively, 

with no other changes. We are not 

proposing action on the October 5, 2010, 

SIP submittal here. We will address the 

October 2010 SIP revisions in a separate 

action. 

Additional information related to 

these SIP submittals is contained in the 

Technical Support Document (TSD), 

which is in the docket for this action. 

The table below summarizes the 

changes that were submitted and are 

affected by this action. A summary of 

EPA’s evaluation of each section and the 

basis for this proposal is discussed in 

section III of this preamble. The TSD 

includes a detailed evaluation of the 

referenced SIP submittals. 

Section Title Date 

submitted 

Date adopted 

by the State Comments 

30 TAC 116.10(11) ............. Definition of modification of existing facility—Introductory paragraph.3/13/1996 2/14/1996 Initial adoption. 

7/22/1998 6/17/1998 Repeal and readoption as Section 

116.10(9). 

9/4/2002 8/21/2002 Recodification to Section 116.10(11). 

30 TAC 116.10(11)(C) ........ Exclusion of maintenance or replacement of equipment.3/13/1996 2/14/1996 Initial adoption. 

7/22/1998 6/17/1998 Repeal and readoption as Section 

116.10(9)(C). 

9/4/2002 8/21/2002 Recodification to Section 

116.10(11)(C). 

30 TAC 116.10(11)(D) ........ Exclusion of increase in annual hours 

of operation.

12/15/1995 11/16/1995 Initial adoption. 

7/22/1998 6/17/1998 Repeal and readoption as Section 

116.10(9)(D). 

9/4/2002 8/21/2002 Recodification to Section 

116.10(11)(D). 

On September 23, 2009 (74 FR 48450), 

EPA proposed to disapprove 30 TAC 

116.10(11)(A) and (B). In a separate SIP 

revision submitted October 5, 2010, 

Texas revised 30 TAC 116.10(11)(A) and 

repealed 30 TAC 116.10(11)(B). 

As noted in the original proposed 

action on Subparagraphs (A) and (B), 

the two Subparagraphs are not severable 

from each other. 74 FR 48450, at 48452. 

The two provisions were considered in 

conjunction with each other as our basis 

of evaluation in the original proposal. 

Because (B) is now repealed and the 

wording of (A) has been changed in a 

later submitted revision, the basis of 

evaluation in the original proposed 

action has changed. EPA therefore 

proposes to withdraw its previously 

proposed action so that the submitted 

revised Subparagraph (A) and the 

impact of the repeal of Subparagraph (B) 

upon the revised Subparagraph (A) may 

be addressed in a future separate action. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
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1Under a Settlement Agreement for a lawsuit 

Business Coalition for Clean Air Appeal Group v. 

EPA, Case No. 3–08CV1791–G, EPA must take final 

action on the NSR Rules Revisions submitted March 

13, 1996; July 22, 1998; and September 4, 2002 by 

October 31, 2011. If today’s proposed action is 

finalized by October 31, 2011, it will satisfy this 

deadline. Under § 110(k)(2) of the Clean Air Act, 

EPA must take final action on the revisions 

submitted October 5, 2010, no later than April 5, 

2012. 

2Section 116.12 as currently approved in the 

Texas SIP applies only to the Major NSR Program 

for Nonattainment Review. SIP revisions submitted 

February 1, 2006, and March 11, 2011, revised the 

definition to apply to both Nonattainment Review 

and Prevention of Significant Deterioration. EPA is 

currently reviewing these revisions and plans to act 

upon them shortly. The definitions in Section 

116.12 are effective as State rules and the TCEQ 

implements them as part of its Major NSR Program. 

This course of action will promote 

efficiency, mitigate confusion, and 

facilitate new comments on the future 

proposed action on the October 5, 2010 

submittal with a proper basis of 

evaluation. Given the need for 

comments and evaluation of the newly 

submitted regulatory wording changes 

to Subparagraph (A), EPA considers any 

established deadline under the Business 

Coalition for Clean Air Appeal Group 

(BCCA) Settlement Agreement to be 

inapplicable with respect to this 

provision.1

The repeal of Subparagraph (B) in the 

October 2010 SIP submittal also renders 

moot and inapplicable any obligation to 

act on that provision under the BCCA 

Settlement Agreement. Because 

Subparagraph (B) was repealed and is 

no longer before EPA for action, no 

further action is needed on this 

provision. Consequently, EPA now 

proposes to withdraw its previously 

proposed action on Subparagraph (B). 

II. What action is EPA proposing to 

take? 

We have evaluated severable portions 

of the SIP submissions of 30 TAC 

116.10(11), which include the 

introductory paragraph of the definition 

of ‘‘modification of existing facility,’’ 

and Subparagraphs (C) and (D) of that 

definition for consistency with the CAA, 

NSR regulations for new and modified 

sources in 40 CFR Part 51, and the 

approved Texas SIP. We have also 

reviewed the rules for enforceability and 

legal sufficiency. 

This action addresses severable 

portions of the definition of 

modification of existing facility under 

30 TAC 116.10(11), including the 

introductory paragraph and 

Subparagraphs (C) and (D) of the 

definition submitted March 13, 1996; 

July 22, 1998; and September 4, 2002. A 

technical analysis of the submittals for 

this definition has found that these 

changes meet the CAA and 40 CFR Part 

51 and are consistent with EPA policies. 

Therefore, EPA proposes to approve the 

severable portions of the definition of 

‘‘modification of existing facility’’ under 

30 TAC 116.10(11), including the 

introductory paragraph of Section 

116.10(11) and Subparagraphs (C) and 

(D) of this definition, submitted on 

March 13, 1996; July 22, 1998; and 

September 4, 2002. As discussed earlier, 

in a separate SIP submittal dated 

October 5, 2010, 30 TAC 116.10(11) and 

Subparagraphs, (C), and (D) were 

renamed as 30 TAC 116.10(9) and 

Subparagraphs (B) and (C), respectively. 

EPA is not proposing action on the 

changes submitted October 2010, and 

will address these revisions in a 

separate action. 

In a separate action on September 23, 

2009, 74 FR 48450, EPA proposed to 

disapprove severable provisions in 

Subparagraphs (A), (B), and (G) of the 

definition ‘‘modification of existing 

facility.’’ EPA is currently reviewing the 

proposal on Subparagraph (G) and will 

take action on this proposal in the 

future. In light of revisions that were 

submitted on October 5, 2010, revising 

the language of Subparagraph (A) and 

eliminating Subparagraph (B), EPA is 

proposing to withdraw its proposed 

actions on Subparagraphs (A) and (B). 

Subparagraph (A) as it appears in the 

October 5, 2010 submittal will be 

evaluated and will be addressed in a 

separate future action. 

III. EPA’s Evaluation of Severable 

Portions of the Definition of 

‘‘Modification of Existing Facility’’ 

A. Section 30 TAC 116.10(11)— 

Introductory Paragraph of the Definition 

of ‘‘Modification of Existing Facility’’ 

1. What is the background of the 

introductory paragraph of 30 TAC 

116.10(11)? 

The TCEQ initially submitted the 

introductory paragraph of the general 

definition of ‘‘modification of existing 

facility’’ on March 13, 1996. On July 22, 

1998, TCEQ repealed and resubmitted 

this definition as readopted at 30 TAC 

116.10(9). On September 4, 2002, TCEQ 

submitted revisions that redesignated 

this definition to 30 TAC 116.10(11). 

The submitted regulatory definition of 

the introductory paragraph that we are 

addressing here provides: 

(11) Modification of existing facility—Any 

physical change in, or change in the method 

of operation of, a facility in a manner that 

increases the amount of air contaminants 

emitted by the facility into the atmosphere or 

which results in the emission of any air 

contaminant not previously emitted. * * * 

2. What Is EPA’s evaluation of the 

submitted revisions to the introductory 

paragraph of 30 TAC 116.10(11)? 

EPA approved the definition of 

‘‘facility’’ in Subchapter A: Definitions 

on September 6, 2006 (71 FR 52698) as 

part of the Texas SIP. ‘‘Facility’’ is 

defined as ‘‘A discrete or identifiable 

structure, device, item, equipment, or 

enclosure that constitutes or contains a 

stationary source, including 

appurtenances other than emission 

control equipment. A mine, quarry, well 

test, or road is not a facility.’’ See 

approved SIP at 30 TAC 116.10(6). The 

submitted regulatory definition for 

‘‘modification of existing facility’’ also 

is in Subchapter A, Section 116.10. 

Therefore, ‘‘existing facility’’ is limited 

by the terms of the SIP definition of 

‘‘facility.’’ In our evaluation of this 

introductory paragraph in the submitted 

regulatory definition of modification of 

existing facility, we compared it to how 

‘‘modification’’ is defined in the CAA 

and in our regulations. 

The CAA defines modification in 

Section 111(a)(4) as: 

(4) The term ‘‘modification’’ means any 

physical change in, or change in the method 

of operation of, a stationary source which 

increases the amount of any air pollutant 

emitted by such source or which results in 

the emission of any pollutant not previously 

emitted. 

In 40 CFR 52.01(d), the phrases 

‘‘modification’’ and ‘‘modified source’’ 

are defined as any physical change in, 

or change in the method of operation of, 

a stationary source which increases the 

emission rate of any air pollutant for 

which a national standard has been 

promulgated under part 50 of this 

chapter or which results in the emission 

of any such pollutant not previously 

emitted. 

The introductory paragraph of 30 TAC 

116.10(11) is substantially the same as 

the definitions in section 111(a)(4) of 

the Act and 40 CFR 52.01(d). 

The existence of a similar definition 

for ‘‘major modification,’’ in Section 

116.12—Nonattainment and Prevention 

of Significant Review Definitions—that 

is applicable for Major NSR2 serves to 

distinguish the provisions in the 

introductory paragraph from the Major 

NSR Program and limit its application 

to Minor NSR. 

We are proposing to approve the 

introductory paragraph of 30 TAC 

116.10(11), as submitted March 13, 

1996; July 22, 1998; and September 4, 

2002. 


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3The term ‘‘exemptions’’ is a misnomer. 

Exemptions in Texas now are called Permits by 

Rule. An ‘‘exemption’’ since 1972 in Texas and in 

the Texas SIP, is an authorization to construct and/ 

or modify if certain conditions are met. 

B. Section 30 TAC 116.10(11)(C)— 

Exclusion for Maintenance and 

Replacement of Equipment 

1. What is the background for 30 TAC 

116.10(11)(C)? 

On March 13, 1996, this provision 

was submitted as Subparagraph (C) 

under the definition of ‘‘modification of 

existing facility.’’ In the July 22, 1998, 

submittal, the provision was repealed 

and resubmitted as 30 TAC 116.10(9)(C). 

On September 4, 2002, TCEQ submitted 

revisions that redesignated this 

definition to 30 TAC 116.10(11)(C). As 

submitted, Subparagraph (C) provides 

that the following is not a modification 

to an existing facility: 

(C) Maintenance or replacement of 

equipment components that do not increase 

or tend to increase the amount or change the 

characteristics of the air contaminants 

emitted into the atmosphere; 

2. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 

116.10(11)(C)? 

The submitted Subparagraph (C) 

mirrors the definition in the Texas 

Clean Air Act (TCAA). EPA approved 

this statutory provision into the Texas 

SIP on May 31, 1972 (37 FR 10896). 

Under Subparagraph (C), any 

maintenance and repair of equipment 

components that increases emissions, or 

tends to increase emissions, will be 

considered a modification consistent 

with the introductory paragraph of 30 

TAC 116.10(11). Accordingly, the 

limitation in Subparagraph (C) protects 

against increases in emissions and 

thereby does not interfere with 

attainment or reasonable further 

progress. The definition of ‘‘major 

modification’’ in Section 116.12 has a 

similarly protective, but different, 

exclusion for routine maintenance, 

repair, and replacement. The existence 

of a similar exclusion in the Section 

116.12 that is applicable for Major NSR 

serves to distinguish the provisions in 

paragraph (C) from the Major NSR 

Program and limit its application to 

Minor NSR. 

Accordingly, we are proposing to 

approve 30 TAC 116.10(11)(C), as 

submitted March 13, 1996; July 22, 

1998; and September 4, 2002. 

C. Section 30 TAC 116.10(11)(D)— 

Exclusion for an Increase in Annual 

Hours of Operation 

1. What is the background of 30 TAC 

116.10(11)(D)? 

On March 13, 1996, this provision 

was submitted as Subparagraph (D) 

under the definition of ‘‘modification of 

existing facility.’’ In the July 22, 1998, 

submittal, the provision was repealed 

and resubmitted as 30 TAC 

116.10(9)(D). On September 4, 2002, 

TCEQ submitted revisions that 

redesignated this definition to 30 TAC 

116.10(11)(D). As submitted, 

Subparagraph (D) provides that the 

following is not a modification to an 

existing facility: 

(D) An increase in the annual hours of 

operation unless the existing facility has 

received a preconstruction permit or has 

been exempted, under TCAA, § 382.057, from 

preconstruction permit requirements; 

2. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 

116.10(11)(D)? 

The submitted Subparagraph (D) 

mirrors the definition in the Texas 

Clean Air Act (TCAA). EPA approved 

this statutory provision into the Texas 

SIP on May 31, 1972 (37 FR 10896). 

Subparagraph (D) is similar to 40 CFR 

52.01(d)(2)(ii), which provides that an 

increase in the hours of operation shall 

not be considered a change in the 

method of operation. 

The submitted Subparagraph (D) is 

substantially the same as 40 CFR 

52.01(d)(2)(ii). Furthermore, 

Subparagraph (D) includes additional 

language that clarifies that an increase 

in hours of operation may be a 

modification for existing minor facilities 

having preconstruction permits or 

exemptions, under TCAA § 382.057 3 for 

preconstruction permit requirements. 

This language limits the reach of the 

exclusion in scenarios where an existing 

facility is subject to limitations on hours 

of operation under the terms of a 

preconstruction permit or an exemption. 

This is consistent with federal 

requirements in 40 CFR 52.01(d)(2)(ii). 

Subparagraph (D) meets and improves 

upon the federal requirements as 

described above. Again, the definition of 

‘‘major modification’’ in Section 116.12 

has a similar, but different, exclusion for 

an increase in the annual hours of 

operation. The existence of a similar 

exclusion in the Section 116.12 that is 

applicable for Major NSR serves to 

distinguish the provisions in paragraph 

(D) from the Major NSR Program and 

limit its application to Minor NSR. 

Accordingly, we are proposing to 

approve 30 TAC 116.10(11)(D), as 

submitted March 13, 1996; July 22, 

1998; and September 4, 2002. 

IV. Proposed Action 

Today, EPA proposes to approve the 

following revisions to the Texas SIP to 

include severable provisions of the 

definition of ’’ modification of existing 

facility’’ under 30 TAC 116.10(11), 

submitted March 13, 1996; July 22, 

1998; and September 4, 2002. This 

includes the following: 

• 30 TAC 116.10(11)—the 

introductory paragraph of the definition 

of ‘‘modification of existing facility’’; 

• 30 TAC 116.10(11)(C)—Exclusion 

for maintenance and replacement of 

equipment; and 

• 30 TAC 116.10(11)(D)—Exclusion 

for an increase in annual hours of 

operation. 

Final action on these revisions on or 

before October 31, 2011, will meet 

EPA’s obligation on the NSR Rules 

Revisions; 112(g) Revisions component 

of the May 21, 2009, Settlement 

Agreement between EPA and the 

Business Coalition for Clean Air Appeal 

Group, Texas Association of Business, 

and Texas Oil and Gas Association. 

EPA is proposing to withdraw its 

prior proposed disapprovals regarding 

the following provisions: 

• 30 TAC 116.10(11)(A). EPA 

proposed to disapprove Subparagraph 

(A) in a separate action on September 

23, 2009, 74 FR 48450. EPA is currently 

reviewing October 5, 2010 submitted 

revisions to Subparagraph (A) that have 

been subsequently submitted, and 

therefore proposes to withdraw its 

former proposal and act on 

Subparagraph (A) under the later 

submitted revisions in a separate action. 

• 30 TAC 116.10(11)(B). EPA 

proposed to disapprove Subparagraph 

(B) in a separate action on September 

23, 2009, 74 FR 48450. EPA takes notice 

of the repeal of Subparagraph (B) in the 

October 5, 2010 submittal and therefore 

proposes to withdraw its former 

proposal as moot. The provision no 

longer is before EPA for action. 

EPA is not taking any action on the 

following severable provisions of 30 

TAC 116.10(11): 

• 30 TAC 116.10(11)(E). EPA 

disapproved Subparagraph (E) in a 

separate action on April 14, 2010, 75 FR 

19468. EPA will address any subsequent 

revisions to Subparagraph (E) in a 

separate action. 

• 30 TAC 116.10(11)(F). EPA 

disapproved Subparagraph (F) in a 

separate action on July 15, 2010, 75 FR 

41312. EPA will address any subsequent 

revisions to Subparagraph (F) in a 

separate action. 

EPA is not reopening the public 

comment period for the following 

severable provision of 30 TAC 

116.10(11): 

• 30 TAC 116.10(11)(G). EPA 

proposed to disapprove this provision 

on September 23, 2009. EPA is currently 


srobinson on DSK4SPTVN1PROD with PROPOSALS
42082 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Proposed Rules 

reviewing the proposal and will act on 

Subparagraph (G) at a future time. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. See 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 notice merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

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, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations. 

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

Dated: July 4, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–17873 Filed 7–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 229 and 665 

[Docket No. 110131070–1084–01] 

RIN 0648–BA30 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

False Killer Whale Take Reduction Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; notice of 

availability of draft take reduction plan; 

request for comments. 

SUMMARY: NMFS announces the 

availability of a Draft False Killer Whale 

Take Reduction Plan developed by the 

False Killer Whale Take Reduction 

Team. This proposed rule would 

implement the proposed False Killer 

Whale Take Reduction Plan (FKWTRP), 

which is based on consensus 

recommendations included in the Draft 

False Killer Whale Take Reduction Plan. 

The proposed FKWTRP includes some 

changes and modifications proposed by 

NMFS. This action is necessary because 

current mortality and serious injury of 

the Hawaii Pelagic stock of false killer 

whales incidental to the Hawaii-based 

pelagic longline fisheries are above the 

stock’s potential biological removal 

(PBR), and are therefore inconsistent 

with the short and long-term goals of the 

Marine Mammal Protection Act 

(MMPA). The FKWTRP is intended to 

meet the requirements of the MMPA 

through both regulatory and nonregulatory measures. Proposed 

regulatory measures include gear 

requirements, longline prohibited areas, 

training and certification in marine 

mammal handling and release, captains’ 

supervision of marine mammal 

handling and release, and posting of 

NMFS-approved placards on longline 

vessels. NMFS is also proposing nonregulatory measures, including research 

and data collection recommendations. 

DATES: Written comments on the 

proposed rule must be received no later 

October 17, 2011. 

ADDRESSES: Comments on the proposed 

rule, identified by 0648–BA30, may be 

sent to either of the following addresses: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov; or. 

• Mail: Mail written comments to 

Regulatory Branch Chief, Protected 

Resources Division, National Marine 

Fisheries Service, Pacific Islands 

Regional Office (PIR), 1601 Kapiolani 

Blvd., Suite 1110, Honolulu, HI 96814, 

Attn: Proposed False Killer Whale Take 

Reduction Plan. 

Instructions: Comments must be 

submitted to one of these two addresses 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent to any other 

address or individual, or received after 

the end of the comment period, may not 

be considered. All comments received 

are a part of the public record and will 

generally be posted to 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

This proposed rule (the proposed 

False Killer Whale Take Reduction 

Plan), the recommendations submitted 

by the False Killer Whale Take 

Reduction Team (FKWTRT) (the Draft 

False Killer Whale Take Reduction 

Plan), references, and other background 

documents are available at 

www.regulations.gov, or the Take 

Reduction Team Web site: 

www.nmfs.noaa.gov/pr/interactions/trt/ 

falsekillerwhale.htm, or by submitting a 

request to the Regulatory Branch Chief 

[see ADDRESSES]. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Young, NMFS PIR, 

Nancy.Young@noaa.gov, 808–944–2282; 

Lance Smith, NMFS PIR, 


srobinson on DSK4SPTVN1PROD with PROPOSALS