Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations 44271 

State Citation Title/subject State adopted and 

effective date 

EPA approval date and 

citation1 Explanations 

* * * * * * * 

Chapter 6 

* * * * * * * 

Section 4 ............................ Prevention of Significant 

Deterioration.

7/8/10 and 9/7/10 .............. 6/30/11, 7/25/11 [Insert 

page number where the 

document begins].

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. 

* * * * * (e) * * * 

Name of nonregulatory SP 

provision 

Applicable geographic or 

non-attainment area 

State submittal 

date/adopted date 

EPA approval date and 

citation 3 Explanation 

* * * * * * * 

XIX. Section 110(a)(2) Infrastructure Requirements for the 1997 8- 

hour Ozone NAAQS.

Statewide .......................... 12/7/2007 and 12/10/2007 6/30/11, 7/25/11 [Insert 

page number where the 

document begins].

3 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the FEDERAL REGISTER cited in this column for that particular provision. 

[FR Doc. 2011–18423 Filed 7–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0426; FRL–9442–7] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Permits by Rule and 

Regulations for Control of Air Pollution 

by Permits for New Construction or 

Modification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve portions of three 

revisions to the Texas State 

Implementation Plan (SIP) submitted by 

the State of Texas on August 31, 1993, 

July 22, 1998, and October 5, 2010. 

These revisions amend existing sections 

and create new sections in Title 30 of 

the Texas Administrative Code (TAC), 

Chapter 116—Control of Air Pollution 

by Permits for New Construction or 

Modification. The August 31, 1993, 

revision creates two new sections at 

116.174 and 116.175 for the use of 

emission reductions as offsets in new 

source review permitting. The July 22, 

1998, revision creates new section 

116.116(f) allowing for the use of 

Discrete Emission Reduction Credits 

(DERC) to exceed emission limits in 

permits (permit allowables) and amends 

section 116.174 to update internal 

citations to other Texas regulations. The 

October 5, 2010, revision amends 

section 116.116(f) to update internal 

citations to other Texas regulations. EPA 

has determined that these SIP revisions 

comply with the Clean Air Act and EPA 

regulations and are consistent with EPA 

policies. This action is being taken 

under section 110 and parts C and D of 

the Federal Clean Air Act (the Act or 

CAA). 

DATES: This direct final rule is effective 

on September 23, 2011 without further 

notice, unless EPA receives relevant 

adverse comment by August 24, 2011. If 

EPA receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0426, by one of the 

following methods: 

(1) http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

(2) E-mail: Ms. Erica Le Doux at 

ledoux.erica@epa.gov. 

(3) Fax: Ms. Erica Le Doux, Air 

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

214–665–6762. 

(4) Mail: Ms. Erica Le Doux, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(5) Hand or Courier Delivery: Ms. 

Erica Le Doux, 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 AM and 4:30 PM 

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–2011– 

0426. 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 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

e-mail, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 


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44272 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations 

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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 the disclosure of which 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 FOIA Review 

Room between the hours of 8:30 AM 

and 4:30 PM weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas. 

The State submittal related to this SIP 

revision, and which is part of the EPA 

docket, is also available for public 

inspection at the State Air Agency listed 

below during official business hours by 

appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

direct final action, please contact Ms. 

Erica Le Doux (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, Texas 

75202–2733, telephone (214) 665–7265; 

fax number (214) 665–6762; e-mail 

address ledoux.erica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever, 

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

used, we mean EPA. 

Table of Contents 

I. What action is EPA taking? 

II. What did Texas submit? 

III. What is EPA’s evaluation of these SIP 

revisions? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

We are taking direct final action to 

approve severable portions of three 

revisions to the Texas SIP submitted on 

August 31, 1993, July 22, 1998, and 

October 5, 2010. The August 31, 1993, 

SIP submittal creates two new sections, 

116.174 and 116.175, establishing the 

requirements for use and recordkeeping 

of emission reductions in New Source 

Review (NSR) permitting. The July 22, 

1998 SIP submittal creates a new section 

at 116.116(f) that allows the use of 

Discrete Emission Reduction Credits 

(DERCs) to be used to exceed permit 

allowables and amends existing section 

116.174 to correctly cross-reference 

other Texas permitting regulations. The 

October 5, 2010, SIP submittal amends 

section 116.116(f) to correctly crossreference the SIP-approved DERC rules 

at Title 30 of the Texas Administrative 

Code (30 TAC) Chapter 101, Subchapter 

H, Division 4. We are approving new 

sections 116.174 and 116.175 submitted 

on August 31, 1993. We are approving 

new section 116.116(f) and amendments 

to section 116.174 submitted on July 22, 

1998. Finally, we are approving the 

amendment to section 116.116(f) 

submitted on October 5, 2010. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. As explained in our 

technical support document (TSD), we 

are finding this action noncontroversial 

because the three rules that are the 

subject of our approval serve to crossreference current SIP-approved sections. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on September 23, 2011 

without further notice unless we receive 

relevant adverse comment by August 24, 

2011. If we receive relevant adverse 

comments, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

II. What did Texas submit? 

We are approving severable 

provisions of three SIP revisions that the 

Texas Commission on Environmental 

Quality (TCEQ) adopted on August 16, 

1993; June 17, 1998; and September 15, 

2010 and submitted to EPA on August 

31, 1993; July 22, 1998; and October 5, 

2010, respectively. Copies of the revised 

rules as well as the Technical Support 

Document (TSD) can be obtained from 

the Docket, as discussed in the ‘‘Docket’’ 

section above. A discussion of the 

specific Texas rule changes that we are 

approving is included in the TSD and 

summarized below. The TSD also 

contains a discussion as to why EPA is 

not taking action on certain provisions 

of each Texas SIP submittal and 

documents why these provisions are 

severable from the provisions that we 

are approving. 

• We are taking no action in this 

direct final rule upon revisions to 30 

TAC Section 116.410 for emergency 

orders, submitted on August 31, 1993, 

because this provision is severable from 

the emission reduction provisions and 

subsequent emergency order provisions 

are still pending EPA review. EPA will 

address this rule in a separate action. 

EPA is currently under a Settlement 

Agreement to take action on the 

emergency order provisions on or before 

December 31, 2012. 

• We are also taking no action in this 

direct final rule upon revisions to 30 

TAC Section 116.620 for Installation 

and/or Modification of Oil and Gas 

Facilities submitted on July 22, 1998. 

The provisions are severable from the 

emission reduction provisions that are 

the subject of today’s action. EPA will 

address this rule in a separate action. 

Additionally, EPA is currently under a 

Consent Decree to take action on the 

Installation and/or Modification of Oil 


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and Gas Facilities provisions on or 

before October 31, 2011. 

• We are taking no action upon 

revisions to 30 TAC Section 116.311(a) 

pertaining to qualified facilities for 

permit renewals submitted on July 22, 

1998, because the qualified facility 

program provisions are severable from 

the emission reduction provisions for 

permitting and will be addressed by 

EPA at a later date in a separate action. 

• We are taking no action upon 

revisions to 30 TAC Section 116.312 

submitted on July 22, 1998, which 

relates to public participation for permit 

renewals. These public participation 

provisions are severable from the 

emission reduction provisions for 

permitting and will be addressed by 

EPA at a later date in a separate action. 

• We are taking no action upon the 

remainder of the revisions to 30 TAC 

Chapter 116 submitted on October 5, 

2010. The remainder of this SIP 

submittal package concerns the 

qualified facilities program, which is 

severable from the emission reductions 

provisions for permitting and will be 

addressed by EPA at a later date in a 

separate action. 

A. August 31, 1993 Submittal 

1. Section 116.174—Determination by 

Executive Director To Authorize 

Reductions 

The TCEQ adopted section 116.174 on 

August 16, 1993, to provide the criteria 

by which the TCEQ Executive Director 

(ED) will determine whether emission 

reductions can be used for purposes of 

NSR permitting. Section 116.174 

requires that the ED approve reductions 

for use pursuant with requirements set 

forth in SIP-approved section 116.170. 

Additionally, any emission reductions 

approved for use as offsets by the ED 

must be made as enforceable permit 

conditions. 

2. Section 116.175—Recordkeeping 

The TCEQ adopted new section 

116.175 on August 16, 1993, to establish 

that the recordkeeping burden for the 

generation and use of emission 

reductions in NSR permitting is on the 

applicant. The TCEQ will only maintain 

records associated with the permit 

application and files. The permit 

applicant is responsible for making all 

records related to the emission 

reductions available upon request by the 

ED. 

B. July 22, 1998 Submittal 

1. Section 116.116(f)—Use of Credits 

The TCEQ adopted new section 

116.116(f) on June 17, 1998, to provide 

that DERCs generated under the TCEQ’s 

banking and trading provisions at 30 

TAC Section 101.29 can be used to 

exceed permit allowables, if all 

applicable requirements of section 

101.29 are satisfied. Since the adoption 

of section 116.116(f), the TCEQ has 

recodified the SIP-approved DERC 

provisions from 30 TAC Section 101.29 

to 30 TAC Section 101.376. The use of 

DERCs cannot be used to authorize any 

physical changes to a facility. 

EPA reviewed and conditionally 

approved the DERC program on 

September 6, 2006 (see 71 FR 52703). 

This conditional approval was 

converted to a full approval on May 18, 

2010 (see 75 FR 27644). The full 

approval action resulted after we found 

TCEQ to have satisfied all elements that 

were outlined in a commitment letter 

submitted by TCEQ, dated September 8, 

2005. This commitment letter can be 

found in the docket for our approval of 

the DERC program at EPA–R06–OAR– 

2005–TX–0029. The DERC rules 

establish a type of Economic Incentive 

Program (EIP), in particular an open 

market emission trading (OMT) program 

as described in EPA’s EIP Guidance 

document, ‘‘Improving Air Quality with 

Economic Incentive Programs’’ (EPA– 

452/R–01–001, January 2001). In an 

OMT program, a source generates shortterm emission credits (called discrete 

emission reduction credits, or DERCs, in 

the Texas program) by reducing its 

emissions. The source can then use 

these DERCs at a later time, or trade 

them to another source to use at a later 

time. The trading program assumes that 

many sources will participate and 

continuously generate new DERCs to 

balance with other sources using 

previously generated discrete credits. 

DERCs are quantified, banked and 

traded in terms of mass (tons) and may 

be generated and used statewide. 

Reductions of all criteria pollutants, 

with the exception of lead, may be 

certified as DERCs. 

2. Section 116.174—Determination by 

Executive Director To Authorize 

Reductions 

The TCEQ adopted amendments to 

section 116.174 on June 17, 1998, to 

remove outdated references to the Texas 

Air Control Board, and to update 

references to other sections of the Texas 

NSR permitting regulations where 

emission reductions can be used in 

permits. 

C. October 5, 2010 Submittal 

Section 116.116(f)—Use of Credits 

The TCEQ adopted amendments to 

section 116.116(f) on September 15, 

2010, to change references to outdated 

section 101.29 to the current SIPapproved section 101.376. 

III. What is EPA’s evaluation of these 

SIP revisions? 

A. August 31, 1993 Submittal 

1. Section 116.174—Determination by 

Executive Director To Authorize 

Reductions 

The August 31, 1993 submittal 

(adopted by TCEQ on August 16, 1993) 

of new section 116.174 is approvable. 

New section 116.174 requires that the 

ED approve the use of emission 

reductions pursuant to the requirements 

in section 116.170. We approved section 

116.170 on March 20, 2009, as 

consistent with the requirements of 

section 173 of the CAA and 40 CFR Part 

51, Subpart I (see 74 FR 11851). 

2. Section 116.175—Recordkeeping 

The August 31, 1993 submittal 

(adopted by TCEQ on August 16, 1993) 

of new section 116.175 is approvable. 

New section 116.175 was adopted to 

place the recordkeeping burden on the 

use of emission reductions in NSR 

permitting in accordance with section 

116.170 on the permit applicant rather 

than the TCEQ. The TCEQ will maintain 

records contained in the permit 

application and permit files, but all 

other information necessary to verify the 

emission reductions used in the permit 

are the responsibility of the permit 

holder and must be made available at 

the request of the TCEQ ED. Placing the 

burden of proof on the permit holder is 

consistent with the requirements in NSR 

and Prevention of Significant 

Deterioration (PSD) permitting at 40 

CFR Part 51, Subpart I, that the permit 

holder maintain all necessary records to 

substantiate emission reductions and 

verify emission limitations. Further, the 

SIP-approved Emissions Banking and 

Trading Provisions at 30 TAC Chapter 

101, Subchapter H, Divisions 1 and 4 for 

the Emission Reduction Credit and 

Discrete Emission Reduction Credit 

programs, makes clear that the generator 

and user of the emission reductions— 

not the TCEQ—is responsible for 

maintaining all necessary records to 

substantiate the reduction (see 30 TAC 

Sections 101.302(g) and 101.372(h)). 

B. July 22, 1998 Submittal 

1. Section 116.116(f)—Use of Credits 

The July 22, 1998 submittal (adopted 

by TCEQ on June 17, 1998), which 

created new section 116.116(f) is 

approvable. New section 116.116(f) is 

necessary to adequately implement the 

Chapter 116 permitting program for new 

construction and modification. The new 


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44274 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations 

1 In the OMT program, a source generates 

emission credits by reducing its emissions during 

a discrete period of time. These credits, called 

discrete emission credits or DECs in the Texas 

program, are quantified in units of mass. DEC is a 

generic term that encompasses reductions from 

stationary sources (discrete emission reduction 

credits, or DERCs), and reductions from mobile 

sources (mobile discrete emission reduction credits, 

or MDERCs). This footnote is to provide an 

explanation of the term DEC and is not a part of 

the above quote from a previous notice. 

section 116.116(f) provides that DERCs 

can be used as offsets in NSR 

permitting, consistent with the TCEQ’s 

banking and trading provisions at 

former 30 TAC Section 101.29. EPA 

approved the use of DERCs in NSR 

permitting as consistent with the 

requirements of section 173 of the CAA 

on September 6, 2006 (see 71 FR 52703). 

Since the adoption of section 116.116(f), 

the TCEQ has recodified the SIPapproved DERC provisions from 30 TAC 

Section 101.29 to 30 TAC Section 

101.376. EPA is approving the July 22, 

1998 adoption of section 116.116(f) and 

a subsequent revision that updates the 

cross-reference. 

2. Section 116.174—Determination by 

Executive Director To Authorize 

Reductions 

The July 22, 1998 submittal which 

amends section 116.174 is approvable. 

The amendments remove outdated 

references to the Texas Air Control 

Board and update internal cross 

references to other sections (in Chapter 

116) where emission reductions can be 

used in NSR permitting. The TCEQ has 

a responsibility under the CAA to 

routinely update the permitting 

regulations to include accurate 

information. 

C. October 5, 2010 Submittal 

Section 116.116(f)—Use of Credits 

The October 5, 2010 submittal 

(adopted by the TCEQ on September 15, 

2010) of the amendments to section 

116.116(f) are approvable. These 

amendments update the outdated 

references to obsolete section 101.29 

with the current citation to section 

101.376, and are necessary to 

adequately implement the Chapter 116 

permitting program for new 

construction and modifications. EPA 

approved the use of DERCs as NSR 

offsets consistent with section 173 of the 

CAA on September 6, 2006 (see 71 FR 

52703). 

D. Does approval of Texas’s rule 

revisions interfere with attainment, 

reasonable further progress, or any other 

applicable requirement of the act? 

Section 110(l) of the Clean Air Act 

states: 

Each revision to an implementation plan 

submitted by a State under this Act shall be 

adopted by such State after reasonable notice 

and public hearing. The Administrator shall 

not approve a revision of a plan if the 

revision would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined in 

section 171), or any other applicable 

requirement of this Act. 

Thus, under section 110(l), sections 

116.116(f), 116.174, and 116.175 must 

not interfere with attainment, 

reasonable further progress, or any other 

applicable requirement of the Act. The 

three sections are necessary components 

of the Texas NSR permitting program. 

Without these provisions, permit 

applicants will not have the necessary 

flexibility provided to them in the Texas 

SIP and the CAA. 

Section 116.116(f) will not interfere 

with attainment, reasonable further 

progress, or any other applicable 

requirement of the Act. Section 

116.116(f) refers to a SIP-approved 

usage of DERCs to exceed permit 

allowables. This use of DERCs to exceed 

permit allowables was previously 

conditionally approved into the SIP on 

September 6, 2006, and fully approved 

by EPA on May 18, 2010, to be 

consistent with section 110(l) of the 

CAA, see 70 FR 58165 and 75 FR 27644, 

respectively. In our proposed approval 

notice of the DERC program we stated 

that: 

We have also considered whether the 

potential use of DECs 1 to exceed allowable 

emission levels under 30 TAC § 101.376(b)(1) 

is contrary to section 110(l) in that it could 

allow sources to exceed limits in their CAA 

Title V permits, which are ‘‘applicable 

requirements’’ under the Act. We conclude 

that this aspect of the rule does not violate 

section 110(l), for the following reasons. 

First, EPA has addressed the interface of Title 

V permits and trading programs in the EIP 

guidance, which provides: 

If a facility that has a title V operating 

permit wishes to participate in your 

approved EIP, you must modify the facility’s 

operating permit to include the detailed 

compliance provisions necessary to assure 

compliance with the EIP. Thus, the permit 

becomes a valuable tool to ensure the source 

meets the requirements of the EIP. 

Once the permit includes terms and 

conditions necessary to implement the EIP 

(as described below), the source may 

typically make individual trades under the 

EIP without the need for future formal permit 

revisions. This is true because most trading 

activity under such a permit would already 

be addressed and allowed by the specific 

terms and conditions of the permit and such 

trading would not normally conflict with the 

permit. This is the principle expressed by 

section 70.6(a)(8) of the CFR, which states 

that permit revisions are not required for 

trading program changes that are ‘‘provided 

for’’ in the permit. 

(EIP Guidance, Appendix 16.8.) Texas has 

modified its Title V permit template so as to 

address the permissible use of DECs to meet 

Title V permit requirements. As further 

explained in this TSD, we find that the Texas 

permit language satisfies the concerns 

identified in Appendix 16.8. 

In reaching this conclusion, we also 

considered that a Title V permit is not itself 

a source of substantive limits. Rather, it 

incorporates applicable requirements under 

other permits and programs. In Texas, as 

elsewhere, many of the allowable emission 

levels in Title V permits are determined 

through New Source Performance Standards 

(NSPS), Best Available Control Technology 

(BACT), Lowest Achievable Emission Rate 

(LAER), or National Emission Standards for 

Hazardous Air Pollutants (NESHAPs). Under 

the Texas rules, DECs may not be used for 

compliance with any of these programs. The 

rule does allow DECs to be used for 

compliance with Reasonably Available 

Control Technology (RACT) standards, in 

accordance with EPA’s guidance. 

Specifically, the guidance provides that ‘‘[i]f 

your EIP allows sources to avoid direct 

application of RACT technology, your EIP 

must ensure that the level of emission 

reductions resulting from implementation of 

the EIP will be equal to those reductions 

expected from the direct application of 

RACT.’’ (EIP Guidance, Appendix 16.7) The 

Texas program ensures consistency with that 

element of the EIP Guidance through the 

requirement that a user of DECs must retire 

10 percent more credits than are needed. 

Accordingly, any use of DECs for RACT 

compliance will have been preceded by a ten 

percent greater reduction. 

The above discussion concerns criteria 

pollutants for which an area is classified as 

nonattainment. As for pollutants for which 

an area is in attainment, EPA believes that 

the DERC rule is consistent with section 

110(l). Discrete credit use in attainment areas 

could potentially result in temporary local 

increases in such attainment pollutants, but 

only in the sense of authorizing limited 

exceedances of state-only permit 

requirements. That is, in attainment areas in 

Texas, the federally enforceable permit limits 

are all based on programs, such as BACT and 

NSPS, for which DEC use is not authorized 

under the Texas rule. DEC use for attainment 

pollutants can therefore only affect non-SIP 

requirements. Irrespective of the DERC rule, 

such non-SIP requirements are subject to 

change without undergoing a 110(l) analysis. 

Accordingly, the DERC SIP revision is not 

itself causing any increases in attainment 

pollutants that might be contrary to section 

110(l). 

[See 70 FR 58165–58166, October 5, 

2005] 

Section 116.174 will not interfere 

with attainment, reasonable further 

progress, or any other applicable 

requirement of the Act. Section 116.174 

states that the TCEQ ED will approve 

the use of emission reductions for NSR 

permitting consistent with the 

requirements of section 116.170. EPA 


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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations 44275 

approved section 116.170 into the SIP 

and found that it is consistent with 

section 110(l) of the CAA on March 20, 

2009 (74 FR 11851). 

Section 116.175 will not interfere 

with attainment, reasonable further 

progress, or any other applicable 

requirement of the Act. Section 116.175 

states that the recordkeeping burden for 

emission reduction usage will be on the 

permit holder, but all other information 

necessary to verify the emission 

reductions used in the permit are the 

responsibility of the permit holder and 

must be made available at the request of 

the TCEQ ED. These recordkeeping 

requirements will not violate section 

110(l). 

IV. Final Action 

EPA is taking direct final action to 

approve revisions to the Texas SIP 

submitted on August 31, 1993, July 22, 

1998, and October 5, 2010. Specifically, 

EPA is approving new sections 116.174 

and 116.175, submitted on August 31, 

1993, establishing the approval criteria 

and recordkeeping requirements for 

emission reductions used in NSR 

permitting. We are also approving new 

section 116.116(f) that provides for the 

use of DERCs in NSR permitting and 

amendments to section 116.174 

submitted on July 22, 1998. We are also 

approving amendments to section 

116.116(f), submitted on October 5, 

2010 to correctly update internal 

citations to the TCEQ DERC program. 

As explained previously, EPA is not 

acting on other severable portions of the 

August 31, 1993; July 22, 1998; and 

October 5, 2010 SIP submittals. 

Specifically, EPA is not taking action on 

the revisions to section 116.410 

submitted on August 31, 1993. EPA is 

not taking action on the revisions to 

sections 116.311(a), 116.312, or 116.610 

submitted on July 22, 1998. 

Additionally, EPA is not taking action 

on the remainder of the October 5, 2010, 

submittal. These revisions remain under 

review by EPA and will be addressed in 

separate actions. 

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. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 23, 

2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 12, 2011. 

Al Armendariz, 

Regional Administrator, EPA Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended as follows: 

■ a. By revising the entry for Section 

116.116; 

■ b. By adding new entries for Sections 

116.174 and 116.175. 

The additions and revisions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 


rmajette on DSK89S0YB1PROD with RULES
44276 Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/Subject 

State 

approval/ 

Submittal 

date 

EPA approval date Explanation 

* * * * * * * 

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

* * * * * * * 

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

* * * * * * * 

Section 116.116 ........ Changes to Facilities .................. 9/15/2010 7/25/2011, [Insert FR page number where document begins].The SIP does not include paragraphs (b)(3) and (b)(4) and 

subsection (e). 

* * * * * * * 

Division 7—Emission Reductions: Offsets 

* * * * * * * 

Section 116.174 ........ Determination by Executive Director to Authorize Reductions.6/17/1998 7/25/2011, [Insert FR page number where document begins].

Section 116.175 ........ Recordkeeping ........................... 8/16/1993 7/25/2011, [Insert FR page number where document begins].

* * * * * * * 

[FR Doc. 2011–18578 Filed 7–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1201] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 


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