Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules 32333 

Dated: May 31, 2011. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2011–13907 Filed 6–3–11; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0379; FRL–9314–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to the 

Inspection and Maintenance (I/M) 

Program—Quality Assurance Protocol 

for the Safety Inspection Program in 

Non-I/M Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania for the 

purpose of changing the quality 

assurance program for its motor vehicle 

inspection and maintenance program 

(I/M program). Specifically, the 

Commonwealth is amending a provision 

of its prior SIP-approved I/M program to 

amend the duration of the timing of 

quality assurance audits performed by 

the Pennsylvania Department of 

Transportation (PENNDOT) as part of 

their program oversight. The 

amendment allows for these audits to be 

conducted within five days of vehicle 

inspection, instead of the two day 

window allowed under the prior 

approved SIP. In the Final Rules section 

of this Federal Register, EPA is 

approving the Commonwealth’s SIP 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by July 6, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0379 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0379, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0379. 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 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 

electronic docket are listed in the http:// 

www.regulations.gov index. 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 http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by 

e-mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the Rules and Regulations 

section of this Federal Register 

publication. 

Dated: May 18, 2011. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2011–13879 Filed 6–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0978; FRL–9315–3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

Permit Renewals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the applicable State 

Implementation Plan (SIP) for the State 

of Texas that relate to the Permit 

Renewals. These portions of the SIP 

revisions proposed for approval address 

the following requirements related to 

Permit Renewals: Notification of permit 

holder, permit renewal application, and 

review schedule. EPA finds 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 

proposing this action under section 110 

of the Act. 

DATES: Comments must be received on 

or before July 6, 2011. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

32334 Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2010–0978 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–2010– 

0978. 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 

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

used, we mean EPA. 

Table of Contents 

I. The State’s Submittals 

A. What is the background of the Texas 

permit renewal program? 

B. What changes did the State submit? 

II. What action is EPA proposing to take? 

III. EPA’s Evaluation 

A. Section 30 TAC 116.310—Notification 

of Permit Holder 

1. What is the background of 30 TAC 

116.310? 

2. What did Texas submit for 30 TAC 

116.310? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.310? 

B. Section 30 TAC 116.311—Permit 

Renewal Application 

1. What is the background of 30 TAC 

116.311? 

2. What did Texas submit for 30 TAC 

116.311? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.311? 

C. Section 30 TAC 116.314—Review 

Schedule 

1. What is the background of 30 TAC 

116.314? 

2. What did Texas submit for 30 TAC 

116.314? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.314? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. The State’s Submittals 

A. What is the background of the Texas 

permit renewal program? 

In this action, EPA is proposing to 

approve revisions to the Texas 

regulations relating to renewal of 

preconstruction permits. The rules for 

permit renewals are currently approved 

in the Texas SIP under 30 TAC 116.310, 

116.311, 116.312, 116.313, 116.314, and 

116.315. EPA approved these rules on 

March 10, 2006 (71 FR 12285), and 

revisions on March 20, 2009 (74 FR 

11851), and March 11, 2010 (75 FR 

11464). The approved rules require each 

preconstruction permit to be renewed 

every ten years. Permit renewal is 

approved based upon a demonstration 

in the renewal application that the 

permitted facility will operate in 

accordance with all requirements and 

conditions of the existing permit, 

including representations in the 

application to construct, and subsequent 

amendments, any previously granted 

renewal, and the compliance history of 

the facility. Although preconstruction 

permits must remain in effect as long as 

the source operates and until voided 

under the approved implementation 

procedures, periodic renewal of 

preconstruction permits is neither 

required nor prohibited under the Act or 

Federal Regulations. 

B. What changes did the State submit? 

On December 15, 1995; July 22, 1998; 

and September 4, 2002; the State of 

Texas submitted revisions to the Texas 

State Implementation Plan (SIP) 

concerning the Permit Renewals under 

Title 30 of the Texas Administrative 

Code (30 TAC), Chapter 116—Control of 

Air Pollution by Permits for New 

Construction or Modification, 

Subchapter D—Permit Renewals. The 

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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules 32335 

December 15, 1995, revisions to these 

provisions were superseded and 

rendered moot by revisions submitted to 

EPA on July 22, 1998, because the latter 

submittal repealed and replaced the 

earlier versions of the same provisions 

addressed in the December 15, 1995, 

submittal. Submitted revisions included 

changes to 30 TAC 116.310— 

Notification of Permit Holder, 30 TAC 

116.311—Permit Renewal Application, 

30 TAC 116.312—Public Notification 

and Comment Procedures, 30 TAC 

116.313—Renewal Application Fees, 30 

TAC 116.314—Review Schedule, and 30 

TAC 116.315—Permit Renewal 

Submittal. In this proposed action, we 

are addressing submitted revisions to 30 

TAC 116.310, 116.311, and 116.314. 

Section 30 TAC 116.310—Notification 

of Permit Holder—is currently approved 

as adopted by Texas on August 16, 

1993, approved March 10, 2006 (71 FR 

12285). Today, we propose to approve 

revisions adopted by Texas on 

November 16, 1995 (submitted 

December 15, 1995) and June 17, 1998 

(submitted July 22, 1998). 

Section 30 TAC 116.311—Permit 

Renewal Application—is currently 

approved as adopted by Texas on April 

6, 1994, approved March 10, 2006 (71 

FR 12285). The requirements of 

subsection (c) were later removed from 

30 TAC 116.311 and added to Section 

116.315 and approved by EPA on March 

11, 2010, 75 FR 11464. Today, we 

propose to approve other revisions 

adopted by Texas on November 16, 1995 

(submitted December 15, 1995); June 17, 

1998 (submitted July 22, 1998); and 

August 21, 2002 (submitted September 

4, 2002). Today’s proposed action does 

not address severable revisions to 30 

TAC 116.311(a)(2) submitted December 

15, 1995; July 22, 1998; and September 

4, 2002. This provision was revised to 

exclude changes under the severable 

provisions relating to Qualified 

Facilities. EPA will review these 

revisions to 30 TAC 116.311(a)(2) in 

connection with separately submitted 

revisions to Texas Qualified Facilities 

Program, submitted October 5, 2010. 

Section 30 TAC 116.314—Review 

Schedule—is currently approved as 

adopted by Texas on August 16, 1993, 

approved March 10, 2006 (71 FR 12285). 

Today, we propose to approve revisions 

adopted by Texas on November 16, 1995 

(submitted December 15, 1995) and June 

17, 1998 (submitted July 22, 1998). 

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 116.310 ............. Notification of Permit 

Holder.

*12/15/1995 

*7/22/1998 

*11/16/1995 

*6/17/1998 

—Non-substantive changes to the section. 

30 TAC 116.311 ............. Permit Renewal Application.*12/15/1995 

*7/22/1998 

*11/16/1995 

*6/17/1998 

—Removed paragraphs (a)(1), (a)(3), and (a)(4) 

and redesignated existing paragraphs (a)(2), 

(a)(5), and (a)(6) to paragraphs (a)(1)–(a)(3), 

respectively. 

—Added new paragraphs (a)(4) and (a)(5). 

—Added new subsection (b). 

—Revised and redesignated existing subsection 

(b) to new subsection (c). 

9/4/2002 8/21/2002 —Added new paragraph (a)(1) and redesignated 

existing paragraphs (a)(1)–(a)(5) to paragraphs 

(a)(2)–(a)(6), respectively. 

30 TAC 116.314 ............. Review Schedule ........... *12/15/1995 

*7/22/1998 

*11/16/1995 

*6/17/1998 

—Revised and reorganized subsection (a) into 

subsections (a) and (b) and revisions to these 

subsections. 

—Revised and redesignated existing subsections 

(b) and (c) to subsections (c) and (d), respectively. 

* Because Texas repealed and resubmitted each section under Subchapter D in its 7/22/1998 submittal, our analysis includes 12/15/95 and 

7/22/98 SIP submittal together. 

II. What action is EPA proposing to 

take? 

We have evaluated the SIP 

submissions 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. On March 10, 2006, 

EPA approved revisions to 30 TAC, 

Chapter 116—Control of Air Pollution 

by Permits for New Construction or 

Modification, Subchapter D—Permit 

Renewals, Sections 116.310, 116.311, 

116.312, 116.313, and 116.314. On 

March 11, 2010 (75 FR 11464), EPA 

approved the removal of subsection (c) 

from 30 TAC 116.311 and added those 

provisions to 30 TAC 116.315. Section 

30 TAC 116.312 relates to public 

participation and is severable from the 

remaining rules (see 75 FR 68291, 

68294). We will address the 

requirements for public participation in 

a separate action when we act on the 

Texas rules relating to public 

participation, submitted July 12, 2010. 

Under the CAA, EPA’s statutory 

deadline to act on the revised public 

participation rules is January 12, 2012. 

The revisions to 30 TAC 116.313 were 

approved in a separate action on March 

20, 2009 (74 FR 11851). The revisions to 

116.315 were approved in a separate 

action on March 11, 2010 (75 FR 11464). 

This proposed action addresses 

revisions to 30 TAC 116.310, 116.311, 

and 116.314, submitted December 15, 

1995, and July 22, 1998, and revisions 

to 30 TAC 116.311 submitted September 

4, 2002. A technical analysis of the 

submittals for the Permit Renewal 

Application and Permit Renewal 

Submittal sections has found that these 

changes are consistent with the CAA, 40 

CFR Part 51 and EPA policies. 

Therefore, EPA proposes to approve the 

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32336 Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules 

1Except for 30 TAC 116.311(a)(2). See discussion 

in section III.B of this preamble for further 

information on these provisions. 2The TACB is a predecessor agency to the TCEQ. 

revisions to 30 TAC 116.310, 116 .311,1

and 116.314 submitted on December 15, 

1995; July 22, 1998; and September 4, 

2002. 

III. EPA’s Evaluation 

A. Section 30 TAC 116.310— 

Notification of Permit Holder 

1. What is the background of 30 TAC 

116.310? 

The currently approved provisions for 

30 TAC 116.310 were submitted to EPA 

on August 31, 1993. EPA approved the 

submitted revisions on March 10, 2006 

(71 FR 12285). These revisions became 

effective on May 9, 2006. 

2. What did Texas submit for 30 TAC 

116.310? 

Since EPA’s last approval for this 

section, TCEQ has submitted two SIP 

revisions to EPA for the Notification of 

Permit Holder in 30 TAC 116.310 on 

December 15, 1995, and July 22, 1998. 

In this proposed action, we are 

proposing to approve the revisions of 

the existing provisions of section 

116.310. The revisions submitted to this 

section include updated references to 

the current agency name and update of 

a state statutory citation to the current 

citation. 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.310? 

These submitted revisions are nonsubstantive and do not change the 

underlying requirements of the section 

as currently approved. We propose to 

approve the revisions to 30 TAC 

116.310 as submitted December 15, 

1995, and July 22, 1998. 

B. Section 30 TAC 116.311—Permit 

Renewal Application 

1. What is the background of 30 TAC 

116.311? 

The currently approved provisions for 

30 TAC 116.311 were submitted to EPA 

on August 31, 1993, and April 29, 1994. 

EPA approved the submitted revisions 

on March 10, 2006 (71 FR 12285). These 

revisions became effective on May 9, 

2006. 

2. What did Texas submit for 30 TAC 

116.311? 

Since EPA’s last approval for this 

section, TCEQ has submitted three SIP 

revisions to EPA for the Permit Renewal 

Application section on December 15, 

1995; July 22, 1998; and September 4, 

2002. On March 11, 2010, we approved 

the recodification and revision of the 

existing provisions of section 116.311(c) 

to a new section 116.315—Permit 

Renewal Submittal. In this proposed 

action, we are addressing the remaining 

revisions as described below, except for 

the revisions to 30 TAC 116.311(a)(2) 

and (a)(6). This includes the following 

revisions: 

a. Revisions submitted December 15, 

1995, and July 22, 1998. 

These revisions include: 

• Removal of paragraphs (a)(1), (a)(3), 

and (a)(4), and the redesignation of 

existing paragraphs (a)(2), (a)(5), and 

(a)(6) to paragraphs (a)(1) through (a)(3), 

respectively; 

• Addition of new paragraphs (a)(4) 

and (a)(5); 

• Addition of new subsection (b); and 

• Redesignation of existing 

subsection (b) to subsection (c) with 

non-substantive revisions. 

b. Revisions submitted September 4, 

2002. 

These revisions include the addition 

of new paragraph (a)(1) and 

redesignation of existing paragraphs 

(a)(1) through (a)(5) to paragraphs (a)(2) 

through (a)(6), respectively. 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.311? 

a. The addition of new paragraph 

(a)(1). 

Texas submitted paragraph (a)(1) on 

September 4, 2002. This paragraph 

ensures that upon renewal, ‘‘dockside 

vessel emissions associated with the 

permitted facility will comply with all 

rules and regulations of the commission 

and with the intent of the TCAA, 

including protection of the health and 

property of the public and minimization 

of emissions to the extent possible, 

consistent with good air pollution 

practices.’’ This revision is consistent 

with the provision in the SIP-approved 

30 TAC 116.111(a)(2) as it relates to 

associated dockside vessel emissions. 

See 72 FR 49198 (August 28, 2007). The 

TCEQ obtained the authority to regulate 

dockside emissions under House Bill 

(HB) 3040, 77th Legislature, 2001 which 

amended the Texas Health and Safety 

Code (THSC), Texas Clean Air Act 

(TCAA), § 382.065 (Acts 2001, 77th 

Legislature, Chapter 1166, § 1). See page 

2 of the TCEQ’s evaluation of the 

revisions submitted September 4, 2002. 

The TCEQ further states: 

The commission determined that dockside 

vessels are facilities as defined in TCAA, 

§ 382.003(6), and thus subject to the 

requirements of Chapter 116. These 

emissions will require best available control 

technology (BACT) review, maximum 

allowable emission limitations, monitoring, 

testing, recordkeeping, and ambient air 

impacts review. The emissions originating 

from a dockside vessel that are the result of 

functions performed by onshore facilities or 

using onshore equipment include: Loading 

and unloading of liquid bulk materials, 

liquified gaseous materials, and solid bulk 

materials; cleaning and degassing liquid 

vessel compartments; and abrasive blasting 

and painting. 

See page 4 of the TCEQ’s evaluation of 

the revisions submitted September 4, 

2002. Finally, concerning the revision to 

30 TAC 116.311, the TCEQ states: 

The adopted amendment to § 116.311, 

Permit Renewal Application, requires that 

owners or operators submit information that 

demonstrates that dockside emissions 

comply with all commission rules and 

regulations and the intent of the TCAA, 

including protection of the health and 

property of the public and the minimization 

of emissions to the extent practicable, 

consistent with good air pollution control 

practices. Existing dockside emissions will 

be reviewed for off-property effects 

considering magnitude, frequency, and 

duration. 

See page 4 of the TCEQ’s evaluation of 

the revisions submitted September 4, 

2002. The addition of new paragraph 

(a)(1) ensures that permits to construct 

and permit renewals that pre-date 

TCEQ’s rule change to regulate dockside 

emissions at 30 TAC 116.111(a)(2) are 

required at renewal to ensure all 

dockside emissions comply with the 

statute and regulations. We propose to 

approve the addition of paragraph (a)(1), 

submitted September 4, 2002. 

b. The removal of existing paragraph 

(a)(1). 

This paragraph provides that upon 

renewal the emissions from the facility 

will comply with all applicable 

specifications and requirements in the 

Texas Air Control Board (TACB) 2 rules 

and the Texas Clean Air Act (TCAA). 

Texas submitted the removal of existing 

paragraph (a)(1) on December 15, 1995, 

and July 22, 1998. EPA believes this 

provision is redundant because the SIP 

already contains the substantive 

requirement at 30 TAC 

116.115(b)(2)(H)(ii) requiring that ‘‘[i]f 

more than one state or Federal 

regulation or permit condition are 

applicable, the most stringent limit or 

condition shall govern and be the 

standard by which compliance shall be 

demonstrated.’’ The SIP also provides 

TCEQ with the authority to re-evaluate 

a source’s ability to comply with the 

statute and regulations at renewal, as 

provided in the existing SIP rule at 30 

TAC 116.311(b), which is recodified to 

30 TAC 116.311(c) in this proposal. 

Because the proposed removal of this 

paragraph merely is the removal of a 

redundant requirement, it is not a 

relaxation of the SIP. Therefore, 

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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules 32337 

approval of this revision will not 

interfere with attainment and reasonable 

further progress or any other applicable 

Federal requirement, as required by 

section 110(l) of the CAA. Accordingly, 

we propose to approve the removal of 

existing paragraph (a)(1), submitted 

December 15, 1995, and July 22, 1998. 

c. Revisions to paragraph (a)(2). 

As currently approved, paragraph 

(a)(2) provides that upon renewal, 

facility is being operated in accordance 

with all requirements and conditions of 

the existing permit, including 

representations in the application for 

permit to construct and subsequent 

amendments, and any previously 

granted renewal. This paragraph was 

revised and redesignated to paragraph 

(a)(1) in the December 15, 1995, and 

July 22, 1998, SIP submittals. This 

paragraph was again redesignated to 

paragraph (a)(2) in the September 4, 

2002, SIP submittal. The revisions 

submitted December 15, 1995, and July 

22, 1998, as redesignated in the 

September 4, 2002, SIP submittal, were 

revised to add a provision that excludes 

changes otherwise authorized for a 

Qualified Facility. The submitted 

revisions to paragraph (a)(2) are related 

to severable provisions that relate to 

Qualified Facilities that we disapproved 

on April 14, 2010 (75 FR 19467) and to 

the separately submitted revisions to the 

Qualified Facilities Program on October 

5, 2010. We propose to take no action 

on the severable submitted revision to 

paragraph (a)(2) relating to Qualified 

Facilities, and we will address these 

revisions in a separate action on the 

submitted revisions to the Qualified 

Facilities Program. The approved SIP 

will retain currently approved 

paragraph (a)(2) as adopted by Texas on 

April 4, 1994 (submitted April 29, 

1994), and approved March 10, 2006. 

d. The removal of existing paragraph 

(a)(3). 

This paragraph required that upon 

renewal the facility will continue to 

have appropriate means to measure the 

emission of significant air contaminants 

as determined necessary by the 

Executive Director. Texas submitted the 

removal of paragraph (a)(3) on 

December 15, 1995, and July 22, 1998. 

In its December 15, 1995 submittal, 

Texas stated: 

Existing § 116.311(a)(3) also duplicates a 

requirement applicable to the original permit 

application. An applicant for a permit to 

construct must demonstrate that a facility 

will have provisions for measuring the 

emissions of significant air contaminants, 

including the installation of sampling ports 

and sampling platforms. When necessary, 

such requirements are written as conditions 

of the permit. The renewal review will 

determine whether a facility is in compliance 

with any sampling requirements in its 

permit. * * * [A]n owner/operator could not 

remove sampling ports or platforms in 

violation of permit conditions. 

Further, 30 TAC § 101.9 provides 

independent authority for the TNRCC to 

require sampling ports and platforms when 

necessary. The existing § 116.311(a)(3) was 

redundant and unnecessary. 

See the December 15, 1995 SIP 

submittal at page 5 of the Section 

entitled ‘‘Evaluation of Testimony.’’ EPA 

believes this provision is redundant 

because the SIP already contains the 

substantive requirement in the rules at 

30 TAC 101.9 and 30 TAC 

116.111(a)(2)(B). These two SIP rules 

require the following: 

Any person, at the request of the Texas 

Natural Resource Conservation Commission 

(TNRCC or Commission), shall provide in 

connection with each flue a power source 

near the point of testing in addition to such 

sampling and testing facilities and sampling 

ports, including safe and easy access thereto, 

exclusive of instruments and sensing devices, 

as may be necessary for the Commission to 

determine the nature and quality of 

emissions which are or may be discharged as 

a result of source operations. Evidence and 

data based on these samples and calculations 

may be used to substantiate violations of the 

Act, rules, and regulations. Agents of the 

Commission shall be permitted to sample the 

stacks during operating hours. 

30 TAC 101.9 

(B) Measurement of emissions. The 

proposed facility will have provisions for 

measuring the emission of significant air 

contaminants as determined by the executive 

director. This may include the installation of 

sampling ports on exhaust stacks and 

construction of sampling platforms in 

accordance with guidelines in the ‘‘Texas 

Natural Resource Conservation Commission 

(TNRCC) Sampling Procedures Manual.’’ 

30 TAC 116.111(a)(2)(B). Because the 

proposed removal of this paragraph 

merely is the removal of a redundant 

requirement, it is not a relaxation of the 

SIP. Therefore, approval of this revision 

will not interfere with attainment and 

reasonable further progress or any other 

applicable Federal requirement, as 

required by section 110(l) of the CAA. 

Accordingly, we propose to approve the 

removal of existing paragraph (a)(3), 

submitted December 15, 1995, and 

July 22, 1998. 

e. The removal of existing paragraph 

(a)(4). 

This paragraph required that upon 

renewal the facility will continue to use 

the control technology determined by 

the Executive Director to be 

economically reasonable and 

technically practicable considering the 

age of the facility and the impact of its 

emissions on the surrounding area. 

Texas submitted the removal of 

paragraph (a)(4) on December 15, 1995, 

and July 22, 1998. EPA believes that this 

provision is redundant because the SIP 

already provides for this substantive 

requirement at 30 TAC 116.311(a)(2) 

and 30 TAC 116.111(a)(2)(C). Section 30 

TAC 116.311(a)(2) provides that upon 

renewal, the facility is being operated in 

accordance with all requirements and 

conditions of the existing permit, 

including representations in the 

application for permits to construct and 

subsequent amendments, and any 

previously granted renewal. Therefore, 

the SIP-approved requirements 30 TAC 

116.311(a)(2) require that upon renewal, 

a facility will continue to meet the 

requirements of 30 TAC 

116.111(a)(2)(C). This SIP rule requires 

that a proposed facility will utilize Best 

Available Control Technology (BACT), 

with consideration given to technical 

practicability and economic 

reasonableness of reducing or 

eliminating the emissions from the 

facility. Because the proposed removal 

of paragraph (a)(4) merely is the removal 

of a redundant requirement, it is not a 

relaxation of the SIP. Therefore, 

approval of the removal of 30 TAC 

116.311(a)(4) will not interfere with 

attainment and reasonable further 

progress or any other applicable Federal 

requirement, as required by section 

110(l) of the CAA. 

The removal of paragraph (a)(4) also 

removes a provision that allows director 

discretion relating to the control 

technology that could be utilized at a 

facility following renewal. Further, the 

TCEQ maintains the authority to 

impose, as a condition of renewal, 

additional requirements that it 

determines to be economically 

reasonable and technically practicable 

considering the age of the facility and 

the impact of its emissions on the 

surrounding area, as provided in the 

submitted revisions related to 30 TAC 

116.311(b) (which is evaluated in 

section III.B.3.i of this preamble). 

Accordingly, we propose to approve the 

removal of existing paragraph (a)(4), 

submitted December 15, 1995, and July 

22, 1998. 

f. Revisions to currently submitted 

paragraphs (a)(3) and (a)(4). 

These paragraphs are currently 

approved as paragraphs (a)(5) and (a)(6). 

These paragraphs require that upon 

renewal, the facility must continue to 

meet the applicable requirements of the 

New Source Performance Standards 

(required under section 111 of the Act 

and 40 CFR part 60) and the National 

Emission Standards for Hazardous Air 

Pollutants (required under section 112 

of the Act and 40 CFR part 61). These 

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3Also see the SIP approved rule at 30 TAC 

116.315(c) which provides that a renewal 

application may be submitted at the same time as 

an amendment application to modify an existing 

facility as long as it is submitted no more than three 

years before the permit’s expiration date and the 

amendment is subject to public notice 

requirements. 

paragraphs were redesignated to 

paragraphs (a)(2) and (a)(3) with nonsubstantive changes in revisions 

submitted December 15, 1995, and July 

22, 1998, and were again redesignated to 

paragraphs (a)(3) and (a)(4) in a revision 

submitted September 4, 2002, with no 

substantive changes. These changes are 

non-substantive revisions to the existing 

SIP. Accordingly, we propose to 

approve the redesignations and nonsubstantive changes to these paragraphs 

as submitted December 15, 1995; July 

22, 1998; and September 4, 2002. 

g. Addition of new paragraph (a)(5). 

This paragraph was submitted as 

paragraph (a)(4) on July 22, 1998, and 

then recodified to paragraph (a)(5), as 

submitted September 4, 2002. This 

paragraph requires that upon renewal, 

the facility must continue to meet the 

applicable requirements of the 

maximum achievable control 

technology standard as listed under 40 

CFR Part 63, promulgated by EPA under 

the authority of section 112 of the CAA, 

or as listed under 30 TAC Chapter 113, 

Subchapter C of this title (relating to 

National Emissions Standards for 

Hazardous Air Pollutants for Source 

Categories) (FCAA § 112, 40 CFR 63). 

This paragraph ensures that upon 

renewal the facility continues to meet 

the requirements of the current SIP at 30 

TAC 116.111(a)(2)(F) which requires 

permitted facilities to comply with the 

requirements of 40 CFR part 63. 

Accordingly, we propose to approve the 

addition of paragraph (a)(5) as 

submitted December 15, 1995; July 22, 

1998; and September 4, 2002. 

h. Addition of new subsection (b). 

Texas submitted subsection (b) on 

December 15, 1995, and July 22, 1998. 

This section provides that in addition to 

the requirements in subsection (a) of 

this section, if the TCEQ determines it 

necessary to avoid a condition of air 

pollution or to ensure compliance with 

otherwise applicable Federal or state air 

quality control requirements, then: (1) 

The applicant may be required to 

submit additional information regarding 

the emissions from the facility and their 

impacts on the surrounding area; and (2) 

the TCEQ shall impose as a condition 

for renewal those requirements the 

Executive Director determines to be 

economically reasonable and 

technically practicable considering the 

age of the facility and the impact of its 

emissions on the surrounding area. This 

new subsection provides the Executive 

Director of the TCEQ with authority to 

require additional information and to 

require additional requirements above 

and beyond the requirements stipulated 

in subsection (a) whenever the 

Executive Director deems such 

additional measures are necessary. EPA 

has already approved subsection (a) (as 

adopted by the State on April 6, 1994) 

as meeting the requirements of the Act 

and 40 CFR part 51. Because the 

requirements in subsection (b) are in 

addition to the requirements in 

subsection (a) of this section, and 

because EPA has approved subsection 

(a), subsection (b) can only be used to 

impose additional measures when the 

Executive Director deems them 

necessary. Subsection (b) does not 

authorize the Executive Director to use 

the permit renewal process to relax 

terms and conditions of the existing 

permit. Such relaxations of the existing 

permit must be authorized through the 

SIP-approved procedures for changing a 

permit under 30 TAC 116, Chapter 116, 

Subchapter B—New Source Review 

Permits.3 Further, the addition of 

subparagraph (b) provides a mechanism 

to ensure that upon renewal, the permit 

continues to meet the approved SIP 

requirements at 30 TAC 

116.111(a)(2)(A)(1) which requires the 

initial permit must ‘‘comply with all 

rules and regulations of the commission 

and with the intent of the TCAA, 

including protection of the health and 

property of the public.’’ The addition of 

subsection (b) provides TCEQ with a 

mechanism to impose additional 

requirements at renewal when TCEQ 

deems it necessary to address changes 

in air quality or changes to applicable 

Federal and state requirements that may 

occur after issuance of the initial permit. 

We therefore find that the submitted 

revision to add subsection (b) to 30 TAC 

116.311 meets section 110(a)(2)(C) of the 

Act and 40 CFR part 51; and does not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of the Act. 

Accordingly, we propose to approve the 

addition of the new subsection (b) to the 

SIP. 

i. Revisions to subsection (c). 

This provision is currently approved 

as subsection (b). This subsection 

requires that upon renewal, the facility 

shall continue to meet the requirements 

under the undesignated heading in 

Subchapter B relating to compliance 

history. This provision was redesignated 

to subsection (c) with revisions, 

submitted December 15, 1995, and July 

22, 1998. The submitted revisions 

include changing the citations to refer to 

the Compliance History provisions to 

refer to the SIP-approved requirement 

under 30 TAC 116.120 through 116.126 

under Subchapter B, Division 2— 

Compliance History. The changes also 

include clarifications that failure to 

demonstrate compliance with the 

Compliance History requirements shall 

result in the renewal not being granted. 

It further changes the rule to provide 

that if a contested case hearing has not 

been requested, the Executive Director, 

not the staff, must notify the applicant 

of intent to recommend denial of an 

application for permit renewal if the 

TCEQ finds that violations of the 

compliance history constitute a 

recurring pattern of egregious conduct 

which demonstrates a consistent 

disregard for the regulatory process, 

including failure to make a timely and 

substantial attempt to correct the 

violations. Accordingly, we propose to 

approve the redesignation of subsection 

(b) to subsection (c) and the revisions 

thereto as submitted December 15, 1995, 

and July 22, 1998. 

C. Section 30 TAC 116.314—Review 

Schedule 

1. What is the background of 30 TAC 

116.314? 

The currently approved provisions for 

30 TAC 116.314 were submitted to EPA 

on August 31, 1993. EPA approved the 

submitted revisions on March 10, 2006 

(71 FR 12285). These revisions became 

effective on May 9, 2006. 

2. What did Texas submit for 30 TAC 

116.314? 

Since EPA’s last approval for this 

section, TCEQ has submitted two SIP 

revisions to EPA for this section on 

December 15, 1995, and July 22, 1998. 

In this action, we are proposing to 

approve the revisions of the existing 

provisions of section 116.314. The 

revisions submitted to this section 

include the following: 

• Reorganization of subsection (a) 

into subsections (a) and (b) and 

redesignation of existing subsections (b) 

and (c) to subsections (c) and (d). 

• Non-substantive revisions to the 

reorganized subsections (a) and (b). 

• Revisions to subsection (c) as 

recodified. 

• Non-substantive revisions to 

subsection (d) as recodified. 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.314? 

The revisions to 30 TAC 116.314 are 

evaluated and addressed in this 

proposed action as described below: 

a. Revisions to subsections (a) and (b). 

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The revisions submitted July 22, 1998, 

revised and reorganized subsection (a) 

into subsections (a) and (b). These 

revisions include clarifying 

amendments which streamline and 

reorganize the requirements of 

subsections (a) and (b). The submitted 

changes are non-substantive. 

Accordingly, we propose to approve 

subsections (a) and (b) as submitted 

December 15, 1995, and July 22, 1998. 

b. Revisions to subsection (c). 

These provisions are currently 

approved as subsection (b). As 

approved, this subsection provides that 

in the event that the permit holder fails 

to satisfy the requirements for corrective 

action by the deadline specified in the 

report filed by the TCEQ, the applicant 

shall be required to show cause in a 

contested case proceeding why the 

permit should not expire. The 

proceeding will be pursuant to the 

requirements of the Administrative 

Procedure and Texas Register Act, 

Article 6252–13a, V.T.C.S. This 

subsection was recodified to subsection 

(c) in the revisions submitted December 

15, 1995, and July 22, 1998. The 

submitted revisions update the agency 

name and the statutory citation relating 

to contested case hearings and referred 

to the contested case hearing provisions 

in 30 TAC Chapters 1, 55, and 80. The 

submitted revision to 30 TAC 116.314(c) 

includes specific cross-references to 30 

TAC Chapters 1, 55, and 80, which 

relate to Purpose of Rules, General 

Provisions; Request for Contested Case 

Hearings; Public Comment; and 

Contested Case Hearings. In contrast, 

the current SIP refers to the Contested 

Case Hearing Process without cross 

references to specific rules relating to 

Contested Case Hearings. Although the 

revision provides references to the 

specific rules relating to Contested Case 

Hearings, the revision does not make 

substantive changes to the requirements 

of the existing SIP. Texas’s use of the 

Contest Hearing Process in this context 

in both the current SIP and the 

submitted revisions is to inform the 

permit applicant of the availability of 

the contested case hearing but does not 

incorporate the specific requirements of 

Chapters 1, 55, and 80 into the SIP. 

Further, the submitted revision to 30 

TAC 116.314(c) meets the requirements 

of section 110(a)(2)(C) of the Act and 40 

CFR part 51, does not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the Act. Accordingly, 

EPA proposes to approve the revisions 

to subsection (c) as submitted December 

15, 1995, and July 22, 1998. 

d. Revisions to subsection (d). 

These provisions are currently 

approved as subsection (c) and relate to 

the effective date of the existing permit. 

This subsection was revised and 

recodified to subsection (d) in revisions 

submitted December 15, 1995, and July 

22, 1998. These revisions include 

clarifying amendments which 

streamline the requirements relating to 

Permit Renewals. The submitted 

changes are non-substantive. 

Accordingly, we propose to approve the 

revision to subsection (d) as submitted 

December 15, 1995, and July 22, 1998. 

IV. Proposed Action 

Today, EPA proposes to approve the 

following revisions to the Texas SIP: 

• Revisions to 30 TAC 116.310— 

Notification of Permit Holder— 

submitted December 15, 1995, and July 

22, 1998. 

• Revisions to 30 TAC 116.311— 

Permit Renewal Application—submitted 

December 15, 1995; July 22, 1998; and 

September 4, 2002; as follows: 

Æ Addition of new paragraph (a)(1); 

Æ Removal of existing paragraphs 

(a)(1), (a)(3), and (a)(4); 

Æ Revisions to and redesignation of 

existing paragraphs (a)(5) and (a)(6) to 

paragraphs (a)(3) and (a)(4), 

respectively; 

Æ Addition of new paragraph (a)(5); 

Æ Addition of new subsection (b); 

and 

Æ Revisions to and redesignation of 

existing subsection (b) to subsection (c) 

• Revisions to 30 TAC 116.314— 

Review Schedule—submitted December 

15, 1995, and July 22, 1998, as follows: 

Æ The revisions to and 

reorganization of existing subsection (a) 

to subsections (a) and (b); and 

Æ The revisions to and 

redesignation of existing subsections (b) 

and (c) to subsections (c) and (d). 

Much of this SIP revision re-organizes 

and makes non-substantive changes to 

the Texas renewals program. This 

revision also revises the SIP by adding 

a requirement to ensure that permits 

that pre-date TCEQ’s rule change to 

regulate dockside emissions are 

required at renewal to ensure all 

dockside emissions comply with the 

statute and regulations. The revision 

also removed the following three 

requirements from the renewals process: 

(1) Upon renewal the emissions from 

the facility will comply with all 

applicable specifications and 

requirements in the Texas Air Control 

Board (TACB) rules and the Texas Clean 

Air Act (TCAA); (2) upon renewal the 

facility will continue to have 

appropriate means to measure the 

emission of significant air contaminants 

as determined necessary by the 

Executive Director; and (3) upon 

renewal the facility will continue to use 

the control technology determined by 

the Executive Director to be 

economically reasonable and 

technically practicable considering the 

age of the facility and the impact of its 

emissions on the surrounding area. We 

believe that the removal of these 

provisions is approvable because these 

requirements are provided elsewhere in 

the Texas SIP; and therefore, their 

deletion will not interfere with 

attainment and reasonable further 

progress of the NAAQS or any other 

applicable requirement, as required by 

section 110(l) of the CAA. 

Final action on these revisions on or 

before October 31, 2011, will meet 

EPA’s obligation on the Permit 

Renewals component of the May 21, 

2009, Consent Decree between EPA and 

the Business Coalition for Clean Air 

Appeal Group, Texas Association of 

Business, and Texas Oil and Gas 

Association. 

EPA proposes to take no action on the 

following revisions to 30 TAC 116.311, 

December 15, 1995; July 22, 1998; and 

September 4, 2002: 

• Severable revisions to paragraph 

(a)(2), which relate to the Qualified 

Facilities Program. Today, we propose 

to retain the currently approved 

provisions of paragraph (a)(2) in the SIP 

as adopted by Texas on April 6, 1994, 

approved March 10, 2006 (71 FR 12285). 

We will address the revisions to 

paragraph (a)(2) in connection with a 

separate SIP submittal that revises the 

Qualified Facilities Program, submitted 

October 5, 2010. EPA disapproved 

Texas Qualified Facilities Program on 

April 14, 2010 (75 FR 19467). Under the 

CAA, EPA’s statutory deadline to take 

action on the revised Qualified 

Facilities Program is April 5, 2012. 

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’’ subject to review by the Office 

of Management and Budget under 

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32340 Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules 

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. 

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. 

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

Dated: May 20, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–13872 Filed 6–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 301–11, 302–2, 302–3, 

and 302–17 

[FTR Case 2009–307; Docket 2009–0013; 

Sequence 1] 

RIN 3090–AI95 

Federal Travel Regulation; Temporary 

Duty (TDY) Travel Allowances (Taxes); 

Relocation Allowances (Taxes) 

AGENCY: Office of Governmentwide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: GSA is proposing to amend 

the Federal Travel Regulation (FTR) by 

incorporating recommendations of the 

Governmentwide Relocation Advisory 

Board (GRAB) concerning calculation of 

reimbursements for taxes on relocation 

expenses. In addition, this proposed 

rule alters the process for calculating 

reimbursements for taxes on extended 

temporary duty (TDY) benefits to correct 

errors and to align that process with the 

proposed changes to the relocation 

income tax process. 

DATES: Interested parties should submit 

comments in writing on or before 

August 5, 2011 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FTR case 2009–307 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FTR 

Case 2009–307’’ under the heading 

‘‘Comment or Submission.’’ Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with FTR Case 2009– 

307. Follow the instructions provided to 

complete the ‘‘Public Comment and 

Submission Form.’’ Please include your 

name, company name (if any), and ‘‘FTR 

Case 2009–307’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), 1275 First Street, NE., Room 

783E, ATTN: Hada Flowers, 

Washington, DC 20417. 

Instructions: Please submit comments 

only and cite FTR case 2009–307 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: The 

General Services Administration, 

Regulatory Secretariat (MVCB), 1275 

First Street, NE., Washington, DC 20417, 

(202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Ed Davis, Office of 

Governmentwide Policy (MT), General 

Services Administration, at (202) 208– 

7638 or e-mail at ed.davis@gsa.gov. 

Please cite FTR case 2009–307. 

SUPPLEMENTARY INFORMATION: 

A. Request for Input on the Final 

Effective Date 

GSA recognizes that implementing 

the final rule that will result from this 

proposed rule will be challenging and 

time-consuming, both for Federal 

agencies and software providers. To 

help set a final effective date that allows 

adequate time to implement the final 

rule, GSA requests comments from 

affected parties on how much time they 

will need to change their systems and 

processes to implement the eventual 

final rule. 

B. Background 

The GSA Office of Governmentwide 

Policy seeks to incorporate best 

practices from Federal agencies and the 

private sector into the policies that GSA 

issues. To this end, GSA created the 

GRAB, consisting of Government and 

private industry relocation experts, to 

examine Government relocation policy. 

The GRAB was chartered under the 

Federal Advisory Committee Act on July 

9, 2004, and it submitted its ‘‘Findings 

and Recommendations’’ on September 

15, 2005. The GRAB ‘‘Findings and 

Recommendations’’ and corresponding 

documents may be accessed at GSA’s 

Web site at http://www.gsa.gov/grab. 

The GRAB made a number of 

recommendations with regard to taxes, 

and GSA has developed this proposed 

rule in response to those 

recommendations. 

GSA has worked with the Executive 

Relocation Steering Committee (ERSC), 

an interagency group chartered by GSA, 

to analyze the GRAB recommendations 

regarding taxes. The first product of the 

analysis by the ERSC was a set of four 

principles: 

• ‘‘Substantially all’’—Federal 

agencies are required by 5 U.S.C. 5724b 

to reimburse ‘‘substantially all’’ of the 

additional income taxes incurred by 

employees as a result of relocation and 

to reimburse ‘‘all’’ of the taxes imposed 

on any reimbursement for taxes. 

• Fair and equitable—In personnel 

matters, the Government seeks to treat 

all employees fairly and equitably. A 

key piece of this is transparency. 

Everyone must be able to see and 

understand how the benefits are being 

computed. Another key piece is seeking 

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