Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 6483 

from the public on this proposal until 

March 9, 2016. Unless we receive 

convincing new information during the 

comment period, we intend to publish 

a final approval action that will 

incorporate these rules into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the CDPR rules as described in Table 1 

of this notice. The EPA has made, and 

will continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. 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, the EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

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 

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 the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: January 14, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2016–02314 Filed 2–5–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0953; FRL–9941–96– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Infrastructure or Requirements for the 

2008 Ozone and 2010 Nitrogen Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of State Implementation Plan 

(SIP) submissions from the State of 

Texas for Ozone (O3) and Nitrogen 

Dioxide (NO2) National Ambient Air 

Quality Standards (NAAQS). These 

submittals address how the existing SIP 

provides for implementation, 

maintenance, and enforcement of the 

2008 O3 and 2010 NO2 NAAQS 

(infrastructure SIPs or i-SIPs). These iSIPs ensure that the State’s SIP is 

adequate to meet the state’s 

responsibilities under the Federal Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before March 9, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2012–0953 at http://

www.regulations.gov or via email to 

fuerst.sherry@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Sherry Fuerst, (214) 665–6454, 

fuerst.sherry@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit http:// 

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, telephone (214) 665– 

6454, fuerst.sherry@epa.gov. To inspect 

the hard copy materials, please schedule 

an appointment with her or Bill Deese 

at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ means the EPA. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
6484 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 

1The previous O3 NAAQS were issued in 1997. 

The 1997 primary and secondary NAAQS were 

established as 0.08 ppm not to be exceeded as 

determined by the 3-year average of the annual 

fourth-highest daily maximum 8-hour 

concentrations (62 FR 38856, July 18, 1997). 

2Although the effective date of the Federal 

Register notice for the final rule was May 27, 2008, 

the rule was signed by the Administrator and 

publicly disseminated on March 12, 2008. 

Therefore, the deadline for submittal of 

infrastructure SIPs for the 2008 O3 NAAQS was 

March 12, 2011. 

3The previous NO2 NAAQS was issued in 1996. 

It established a primary and secondary standards of 

for nitrogen dioxide (NO2) as 0.053 parts per 

million (ppm) (100 micrograms per meter cubed (g/ 

m3)) annual arithmetic average. (61 FR 52852, 

October 8, 1996). 

4Although the effective date of the Federal 

Register notice for the final rule was April 12, 2010, 

the rule was signed by the Administrator and 

publicly disseminated on January 22, 2010. 

Therefore, the deadline for submittal of 

infrastructure SIPs for the 2008 NO2 NAAQS was 

January 22, 2013. 

5 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

6Additional information on: The history of the O3

and NO2 NAAQS, its levels, forms and, 

determination of compliance; EPA’s approach for 

reviewing i-SIPs; the details of the SIP submittal 

and EPA’s evaluation; the effect of recent court 

decisions on i-SIPs; the statute and regulatory 

citations in the Texas SIP specific to this review; 

the specific i-SIP applicable CAA and our 

regulatory citations; Federal Register Notice 

citations for Texas SIP approvals; Texas’ minor New 

Source Review program and our approval activities; 

and, Texas’ Prevention of Significant Deterioration 

(PSD) program can be found in the Technical 

Support Document (TSD). 

7The specific nonattainment area plan 

requirements of section 110(a)(2)(I) are subject to 

the timing requirements of section 172, not the 

timing requirement of section 110(a)(1). Thus, 

section 110(a)(2)(A) does not require that states 

submit regulations or emissions limits specifically 

for attaining the 2008 O3 or NO2 NAAQS. Those SIP 

provisions are due as part of each state’s attainment 

plan, and will be addressed separately from the 

requirements of section 110(a)(2)(A). In the context 

of an infrastructure SIP, we are not evaluating the 

existing SIP provisions for this purpose. Instead, 

EPA is only evaluating whether the state’s SIP has 

basic structural provisions for the implementation 

of the NAAQS. 

8A copy of the 2015 Annual Air Monitoring 

Network Plan and our approval letter are included 

in the docket for this proposed rulemaking. 9A copy of TCEQ’s 2010 5-year ambient 

monitoring network assessment and our approval 

letter are included in the docket for this proposed 

rulemaking. 

10See http://www.tceq.texas.gov/airquality/

monops/sites/mon_sites.html and http://

www17.tceq.texas.gov/tamis/

index.cfm?fuseaction=home.welcome. 

I. Background 

On March 12, 2008, we revised the 

primary and secondary O3 NAAQS 

(hereafter the 2008 O3 NAAQS) 1 to 

0.075 parts per million (ppm), expressed 

to three decimal places, based on a 3- 

year average of the fourth-highest 

maximum 8-hour average concentration. 

(73 FR 16436, March 27, 2008).2

Primary NAAQS protect public health 

and secondary NAAQS protect the 

public welfare (CAA section 109). 

Likewise, on January 22, 2010, we 

revised the primary national ambient air 

quality standard (hereafter the 2010 NO2

NAAQS) 3 for oxides of nitrogen as 

measured by nitrogen dioxide (NO2), for 

1-hour standard at a level of 100 ppb, 

based on the 3-year average of the 98th 

percentile of the yearly distribution of 1- 

hour daily maximum concentrations, to 

supplement the existing annual 

standard. We also established 

requirements for a NO2 monitoring 

network that includes monitors at 

locations where maximum NO2

concentrations are expected to occur, 

including within 50 meters of major 

roadways, as well as monitors sited to 

measure the area-wide NO2

concentrations that occur more broadly 

across communities. (75 FR 6474, 

February 9. 2010).4

Each state must submit an i-SIP 

within three years after the 

promulgation of a new or revised 

NAAQS. Section 110(a)(2) of the CAA 

includes a list of specific elements the 

i-SIP must meet. We issued guidance 

addressing the i-SIP elements for 

NAAQS.5 The Chairman of the Texas 

Commission on Environmental Quality 

(TCEQ) submitted i-SIP revisions to 

address these revised NAAQS. 

We are proposing to approve the 

Texas i-SIP submittals for the 2008 

Ozone and 2010 NO2 NAAQS.6 Copies 

of these SIP submissions are included in 

the docket for this proposed rulemaking. 

II. EPA’s Evaluation of Texas’ 2008 O3

and 2010 NO2 NAAQS Infrastructure 

Submissions 

Below is a summary of our evaluation 

of the Texas i-SIP for the relevant 

elements of 110(a)(2) we are proposing 

to approve. Texas provided 

demonstrations of how the existing 

Texas SIP meets the requirements of the 

2010 NO2 NAAQS on December 7, 2012, 

and for the 2008 O3 NAAQS on 

December 13, 2012. A detailed 

discussion of our evaluation can be 

found in the Technical Support 

Document (TSD) for this action. The 

TSD can be accessed through 

www.regulations.gov (e-docket EPA– 

R06–OAR–2012–0953). 

(A) Emission limits and other control 

measures: The SIP must include 

enforceable emission limits and other 

control measures, means or techniques, 

schedules for compliance and other 

related matters as needed to implement, 

maintain and enforce each of the 

NAAQS.7

The Texas Clean Air Act (TCAA) 

provides the TCEQ, its Chairman, and 

its Executive Director with broad legal 

authority. They can adopt emission 

standards and compliance schedules 

applicable to regulated entities; 

emission standards and limitations and 

any other measures necessary for 

attainment and maintenance of national 

standards; and, enforce applicable laws, 

regulations, standards and compliance 

schedules, and seek injunctive relief. 

This authority has been employed in the 

past to adopt and submit multiple 

revisions to the Texas SIP. The 

approved SIP for Texas is documented 

at 40 CFR part 52.2270. TCEQ’s air 

quality rules and standards are codified 

at Title 30, Part 1 of the Texas 

Administrative Code (TAC). Numerous 

parts of the regulations codified into 30 

TAC necessary for implementing and 

enforcing the NAAQS have been 

adopted into the SIP. 

(B) Ambient air quality monitoring/

data system: The SIP must provide for 

establishment and implementation of 

ambient air quality monitors, collection 

and analysis of ambient air quality data, 

and providing the data to EPA upon 

request. 

The TCAA provides the authority 

allowing the TCEQ to collect air 

monitoring data, quality-assure the 

results, and report the data. TCEQ 

maintains and operates a monitoring 

network to measure levels of Ozone and 

NO2, as well as other pollutants, in 

accordance with EPA regulations 

specifying siting and monitoring 

requirements. All monitoring data is 

measured using EPA approved methods 

and subject to the EPA quality assurance 

requirements. TCEQ submits all 

required data to us, following the EPA 

regulations. The Texas statewide 

monitoring network was approved into 

the SIP on May 31, 1972 (37 FR 10842, 

10895), was revised on March 7, 1978 

(43 FR 9275) and it undergoes recurrent 

annual review by us.8 In addition, TCEQ 

conducts a recurrent assessment of its 

monitoring network every five years, as 

required by EPA rules. The most recent 

of these 5-year monitoring network 

assessments was conducted by TCEQ 

and approved by us in December of 

2010.9 The TCEQ Web site provides the 

monitor locations and posts past and 

current concentrations of criteria 

pollutants measured in the State’s 

network of monitors.10

(C) Program for enforcement of 

control measures: The SIP must include 

the following three elements: (1) A 

program providing for enforcement of 

emission limits and other control 

measures; (2) a program for the 

regulation of the modification and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 6485 

11We are not proposing to approve or disapprove 

the existing Texas minor NSR program to the extent 

that it may be inconsistent with the regulations 

governing this program. We have maintained that 

the CAA does not require that new infrastructure 

SIP submissions correct any defects in existing 

EPA-approved provisions of minor NSR programs 

in order for us to approve the infrastructure SIP for 

element C (e.g., 76 FR 41076–41079). We believe 

that a number of states may have minor NSR 

provisions that are contrary to the existing 

regulations for this program. The statutory 

requirements of section 110(a)(2)(C) provide for 

considerable flexibility in designing minor NSR 

programs. 

construction of stationary sources as 

necessary to protect the applicable 

NAAQS (i.e., state-wide permitting of 

minor sources); and (3) a permit 

program to meet the major source 

permitting requirements of the CAA (for 

areas designated as attainment or 

unclassifiable for the NAAQS in 

question). 

(1) Enforcement of SIP Measures. As 

noted earlier, the State statutes provide 

authority for the TCEQ, its Chairman, 

and its Executive Director to enforce the 

requirements of the TCAA, and any 

regulations, permits, or final compliance 

orders. These statutes also provide the 

TCEQ, its Chairman, and its Executive 

Director with general enforcement 

powers. Among other things, they can 

file lawsuits to compel compliance with 

the statutes and regulations; commence 

civil actions; issue field citations; 

conduct investigations of regulated 

entities; collect criminal and civil 

penalties; develop and enforce rules and 

standards related to protection of air 

quality; issue compliance orders; pursue 

criminal prosecutions; investigate, enter 

into remediation agreements; and issue 

emergency cease and desist orders. The 

TCAA also provides additional 

enforcement authorities and funding 

mechanisms. 

(2) Minor New Source Review. The 

SIP is required to include measures to 

regulate construction and modification 

of stationary sources to protect the 

NAAQS. The Texas minor NSR 

permitting requirements are approved as 

part of the SIP.11

(3) Prevention of Significant 

Deterioration (PSD) permit program. 

The Texas PSD portion of the SIP covers 

all NSR regulated pollutants as well as 

the requirements for the 2008 O3 and 

2010 NO2 NAAQS and has been 

approved by EPA. 

(D) Interstate and international 

transport: The requirements for 

interstate transport of O3 and NO2

emissions are that the SIP contain 

adequate provisions prohibiting O3 and 

NO2 emission transport to other states 

which will (1) contribute significantly to 

nonattainment of the NAAQS, (2) 

interfere with maintenance of the 

NAAQS, (3) interfere with measures 

required to prevent significant 

deterioration or (4) interfere with 

measures to protect visibility (CAA 

110(a)(2)(D)(i)). In addition, states must 

comply with requirements to prevent 

transport of international air pollution 

(CAA section 110(a)(2)(D)(ii)). 

The Texas i-SIP submittal discussed 

the requirements of the CAA section 

110(a)(2)(D). We plan to evaluate and 

take action on the portion of the i-SIP 

pertaining to emissions which will 

contribute significantly to 

nonattainment or interfere with 

maintenance of the O3 NAAQS at a later 

time (110(a)(2)(D)(i)(I)). With regard to 

emissions which will contribute 

significantly to nonattainment or 

interfere with maintenance of the NO2

NAAQS, TCEQ included an interstate 

transport technical analysis in its 

submittal. In summary, the analysis 

found that there are some days where 

air is transported from Texas to areas in 

neighboring states that have monitors. 

However, the reactivity of NO2, coupled 

with the distance from major Texas 

areas of NO2 emissions make it highly 

unlikely that Texas NO2 emissions 

significantly impact other states. States 

surrounding Texas are measuring 

attainment of the NO2 NAAQS; 

therefore, Texas NO2 sources are not 

contributing to an exceedance or 

interfering with maintenance of the 

NAAQS in neighboring states. We agree 

with the technical analysis regarding 

emissions which will contribute 

significantly to nonattainment or 

interfere with maintenance of the NO2

NAAQS. 

Because Texas has a fully approved 

Prevention of Significant Deterioration 

(PSD) SIP addressing all regulated new 

source review pollutants, we propose to 

approve the transport portion of both 

submittals. Revisions to the PSD SIP 

were approved on October 22, 2014 (79 

FR 66626, November 10, 2014). 

We proposed to disapprove the 

portion of the SIPs addressing visibility 

protection for both O3 and NO2 in an 

earlier action (80 FR 74818, December 

16, 2014). We will take action on the 

CAA section 110(a)(2)(D)(i)(II) portion of 

the Texas O3 and NO2 i-SIP in future 

rulemaking. 

CAA section 110(a)(2)(D)(ii) requires 

that the SIP contain adequate provisions 

insuring compliance with the applicable 

requirements of section 126 (relating to 

interstate pollution abatement) and 115 

(relating to international pollution 

abatement). Texas meets the section 126 

requirements as it has a fully approved 

PSD SIP and no source or sources have 

been identified by us as having any 

interstate impacts under section 126 in 

any pending action related to any air 

pollutant. Texas meets the section 115 

requirements as there are no final 

findings by us that Texas air emissions 

affect other countries. Therefore, we 

propose to approve the portion of the 

Texas O3 and NO2 i-SIP submittals 

pertaining to CAA section 

110(a)(2)(D)(ii). 

(E) Adequate authority, resources, 

implementation, and oversight: The SIP 

must provide for the following: (1) 

Necessary assurances that the state (and 

other entities within the state 

responsible for implementing the SIP) 

will have adequate personnel, funding, 

and authority under state or local law to 

implement the SIP, and that there are no 

legal impediments to such 

implementation; (2) requirements 

relating to state boards; and (3) 

necessary assurances that the state has 

responsibility for ensuring adequate 

implementation of any plan provision 

for which it relies on local governments 

or other entities to carry out that portion 

of the plan. Both elements (A) and (E) 

address the requirement that there is 

adequate authority to implement and 

enforce the SIP and that there are no 

legal impediments. 

These i-SIP submissions for the 2008 

O3 NAAQS and 2010 NO2 NAAQS 

describe the SIP regulations governing 

the various functions of personnel 

within the TCEQ, including the 

administrative, technical support, 

planning, enforcement, and permitting 

functions of the program. 

With respect to funding, the TCAA 

requires TCEQ to establish an emissions 

fee schedule for sources in order to fund 

the reasonable costs of administering 

various air pollution control programs 

and authorizes TCEQ to collect 

additional fees necessary to cover 

reasonable costs associated with 

processing of air permit applications. 

We conduct periodic program reviews 

to ensure that the state has adequate 

resources and funding to, among other 

things, implement and enforce the SIP. 

As required by the CAA, the Texas 

statutes and the SIP stipulate that any 

board or body, which approves permits 

or enforcement orders, must have at 

least a majority of members who 

represent the public interest and do not 

derive any ‘‘significant portion’’ of their 

income from persons subject to permits 

and enforcement orders or who appear 

before the board on issues related to the 

CAA or the TCAA. The members of the 

board or body, or the head of an agency 

with similar powers, are required to 

adequately disclose any potential 

conflicts of interest. 

With respect to assurances that the 

State has responsibility to implement 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
6486 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 

the SIP adequately when it authorizes 

local or other agencies to carry out 

portions of the plan, the Texas statutes 

and the SIP designate the TCEQ as the 

primary air pollution control agency. 

(F) Stationary source monitoring 

system: The SIP must provide for the 

establishment of a system to monitor 

emissions from stationary sources and 

to submit periodic emission reports. It 

must require the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources, to 

monitor emissions from such sources. 

The SIP shall also require periodic 

reports on the nature and amounts of 

emissions and emissions-related data 

from such sources, and require that the 

state correlate the source reports with 

emission limitations or standards 

established under the CAA. These 

reports must be made available for 

public inspection at reasonable times. 

The TCAA authorizes the TCEQ to 

require persons engaged in operations 

which result in air pollution to monitor 

or test emissions and to file reports 

containing information relating to the 

nature and amount of emissions. There 

are also SIP-approved state regulations 

pertaining to sampling and testing and 

requirements for reporting of emissions 

inventories In addition, SIP-approved 

rules establish general requirements for 

maintaining records and reporting 

emissions. 

The TCEQ uses this information, in 

addition to information obtained from 

other sources, to track progress towards 

maintaining the NAAQS, developing 

control and maintenance strategies, 

identifying sources and general 

emission levels, and determining 

compliance with SIP-approved 

regulations and additional EPA 

requirements. The SIP requires this 

information be made available to the 

public. Provisions concerning the 

handling of confidential data and 

proprietary business information are 

included in the SIP-approved 

regulations. These rules specifically 

exclude from confidential treatment any 

records concerning the nature and 

amount of emissions reported by 

sources. 

(G) Emergency authority: The SIP 

must provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health or welfare or the environment 

and to include contingency plans to 

implement such authorities as 

necessary. 

The TCAA provides TCEQ with 

authority to address environmental 

emergencies, and TCEQ has contingency 

plans to implement emergency episode 

provisions. Upon a finding that any 

owner/operator is unreasonably 

affecting the public health, safety or 

welfare, or the health of animal or plant 

life or property, the TCAA and 30 TAC 

chapters 35 and 118 authorize TCEQ to, 

after a reasonable attempt to give notice, 

declare a state of emergency and issue 

without hearing an emergency special 

order directing the owner/operator to 

cease such pollution immediately. 

The ‘‘Texas Air Quality Control 

Contingency Plan for Prevention of Air 

Pollution Episodes’’ is part of the Texas 

SIP. However, because of the low levels 

of NO2 and O3 emissions emitted and 

monitored statewide, Texas is not 

required to have contingency plans for 

the 2008 O3 or 2010 NO2 NAAQS. 

However, to provide additional 

protection, the State has general 

emergency powers to address any 

possible dangerous air pollution episode 

if necessary to protect the environment 

and public health. 

(H) Future SIP revisions: States must 

have the authority to revise their SIPs in 

response to changes in the NAAQS, 

availability of improved methods for 

attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate to attain the 

NAAQS. 

The TCAA authorizes the TCEQ to 

revise the Texas SIP, as necessary, to 

account for revisions of an existing 

NAAQS, establishment of a new 

NAAQS, to attain and maintain a 

NAAQS, to abate air pollution, to adopt 

more effective methods of attaining a 

NAAQS, and to respond to EPA SIP 

calls concerning NAAQS adoption or 

implementation. 

(I) Nonattainment areas: The CAA 

section 110(a)(2)(I) requires that in the 

case of a plan or plan revision for areas 

designated as nonattainment areas, 

states must meet applicable 

requirements of part D of the CAA, 

relating to SIP requirements for 

designated nonattainment areas. 

In 2012, we designated all areas in the 

United States as ‘‘unclassifiable/

attainment’’ for the one-hour NO2

NAAQS (77 FR 9532). All NO2 monitors 

in Texas and neighboring states have 

design values below the 2010 annual 

NO2 NAAQS, which is 0.053 ppm or 53 

ppb and below the one-hour NO2

NAAQS of 100 ppb. Texas currently has 

two nonattainment areas for the 2008 

eight-hour ozone NAAQS; the HoustonGalveston-Brazoria (HGB) marginal 

nonattainment area and the Dallas-Ft. 

Worth (DFW) moderate nonattainment 

area. The rest of the counties in Texas 

are designated unclassifiable/attainment 

for the 2008 eight hour O3 NAAQS. For 

additional information on the Texas 

ozone nonattainment areas (past and 

present) please refer to the TSD. 

However, as noted earlier, we do not 

expect infrastructure SIP submissions to 

address subsection (I). The specific SIP 

submissions for designated 

nonattainment areas, as required under 

CAA title I, part D, are subject to 

different submission schedules than 

those for section 110 infrastructure 

elements. Instead, we will take action 

on part D attainment plan SIP 

submissions through a separate 

rulemaking process governed by the 

requirements for nonattainment areas, 

as described in part D. 

(J) Consultation with government 

officials, public notification, PSD and 

visibility protection: The SIP must meet 

the following three CAA requirements: 

(1) Section 121, relating to interagency 

consultation regarding certain CAA 

requirements; (2) section 127, relating to 

public notification of NAAQS 

exceedances and related issues; and (3) 

prevention of significant deterioration of 

air quality and visibility protection. 

(1) Interagency consultation: As 

required by the TCAA, there must be a 

public hearing before the adoption of 

any regulations or emission control 

requirements, and all interested persons 

are given a reasonable opportunity to 

review the action that is being proposed 

and to submit data or arguments, either 

orally or in writing, and to examine the 

testimony of witnesses from the hearing. 

In addition, the TCAA provides the 

TCEQ the power and duty to establish 

cooperative agreements with local 

authorities, and consult with other 

states, the federal government and other 

interested persons or groups in regard to 

matters of common interest in the field 

of air quality control. Furthermore, the 

Texas PSD SIP rules mandate that the 

TCEQ shall provide for public 

participation and notification regarding 

permitting applications to any other 

state or local air pollution control 

agencies, local government officials of 

the city or county where the source will 

be located, tribal authorities, and 

Federal Land Manager (FLMs) whose 

lands may be affected by emissions from 

the source or modification. 

Additionally, the State’s PSD SIP rules 

require the TCEQ to consult with FLMs 

regarding permit applications for 

sources with the potential to impact 

Class I Federal Areas. The SIP also 

includes a commitment to consult 

continually with the FLMs on the 

review and implementation of the 

visibility program, and the State 

recognizes the expertise of the FLMs in 

monitoring and new source review 

applicability analyses for visibility and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 6487 

has agreed to notify the FLMs of any 

advance notification or early 

consultation with a new or modifying 

source prior to the submission of a 

permit application. Likewise, the State’s 

Transportation Conformity SIP rules 

provide for interagency consultation, 

resolution of conflicts, and public 

notification. 

(2) Public Notification: The i-SIP 

submissions from Texas provide the SIP 

regulatory citations requiring the TCEQ 

to regularly notify the public of 

instances or areas in which any NAAQS 

are exceeded. Included in the SIP are 

the rules for TCEQ to advise the public 

of the health hazard associated with 

such exceedances; and enhance public 

awareness of measures that can prevent 

such exceedances and of ways in which 

the public can participate in the 

regulatory and other efforts to improve 

air quality. In addition, as discussed for 

infrastructure element B above, the 

TCEQ air monitoring Web site provides 

quality data for each of the monitoring 

stations in Texas; this data is provided 

instantaneously for certain pollutants, 

such as ozone. The Web site also 

provides information on the health 

effects of lead, ozone, particulate matter, 

and other criteria pollutants. 

(3) PSD and Visibility Protection: The 

PSD requirements for this element are 

the same as those addressed under 

element (C) above. The Texas SIP 

requirements relating to visibility and 

regional haze are not affected when we 

establish or revise a NAAQS. Therefore, 

we believe that there are no new 

visibility protection requirements due to 

the revision of the NAAQS, and 

consequently there are no newly 

applicable visibility protection 

obligations pursuant to infrastructure 

element (J). 

(K) Air quality and modeling/data: 

The SIP must provide for performing air 

quality modeling, as prescribed by EPA, 

to predict the effects on ambient air 

quality of any emissions of any NAAQS 

pollutant, and for submission of such 

data to EPA upon request. 

The TCEQ has the power and duty, 

under the TCAA to develop facts and 

investigate providing for the functions 

of environmental air quality assessment. 

Past modeling and emissions reductions 

measures have been submitted by the 

State and approved into the SIP. In 

addition to the ability to perform 

modeling for nonattainment SIPs, Texas 

has the ability to perform modeling on 

a case by case permit basis consistent 

with their SIP-approved PSD rules and 

with our guidance. 

The TCAA authorizes and requires 

TCEQ to cooperate with the federal 

government and local authorities 

concerning matters of common interest 

in the field of air quality control, 

thereby allowing the agency to make 

such submissions to the EPA. 

(L) Permitting Fees: The SIP must 

require each major stationary source to 

pay permitting fees to the permitting 

authority, as a condition of any permit 

required under the CAA, to cover the 

cost of reviewing and acting upon any 

application for such a permit, and, if the 

permit is issued, the costs of 

implementing and enforcing the terms 

of the permit. The fee requirement 

applies until a fee program established 

by the state pursuant to Title V of the 

CAA, relating to operating permits, is 

approved by EPA. 

See the discussion for element (E) 

above for the description of the 

mandatory collection of permitting fees 

outlined in the SIP. 

(M) Consultation/participation by 

affected local entities: The SIP must 

provide for consultation and 

participation by local political 

subdivisions affected by the SIP. 

See discussion for element (J)(1) and 

(2) above for a description of the SIP’s 

public participation process, the 

authority to advise and consult, and the 

PSD SIP’s public participation 

requirements. Additionally, the TCAA 

also requires initiation of cooperative 

action between local authorities and the 

TCEQ, between one local authority and 

another, or among any combination of 

local authorities and the TCEQ for 

control of air pollution in areas having 

related air pollution problems that 

overlap the boundaries of political 

subdivisions, and entering into 

agreements and compacts with 

adjoining states and Indian tribes, where 

appropriate. TCEQ has a long history of 

successful cooperation with affected 

local entities. The transportation 

conformity component of the Texas SIP 

requires that interagency consultation 

and opportunity for public involvement 

be provided before making 

transportation conformity 

determinations and before adopting 

applicable SIP revisions on 

transportation-related issues. 

IV. Proposed Action 

EPA is proposing to approve portions 

of the December 13, 2012 and December 

7, 2012, infrastructure SIP submissions 

from Texas, which address the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2008 O3 and 

2010 NO2 NAAQS. Specifically, we are 

proposing to approve the following 

infrastructure elements, or portions 

thereof: 110(a)(2)(A), (B), (C), (D)(i) 

(portions pertaining to PSD for O3 and 

2010 NO2 and portions pertaining to 

nonattainment and interference with 

maintenance for NO2), (D)(ii), (E), (F), 

(G), (H), (K), (L), and (M). Based upon 

review of the state’s infrastructure SIP 

submissions and relevant statutory and 

regulatory authorities and provisions 

referenced in these submissions or 

referenced in Texas SIP, we believe that 

Texas has the infrastructure in place to 

address the applicable required 

elements of sections 110(a)(1) and (2) 

(except otherwise noted) to ensure that 

the 2008 O3 and 2010 NO2 NAAQS are 

implemented in the state. 

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 

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 action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
6488 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 

• 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed rule does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Interstate transport of pollution, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Visibility. 

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

Dated: January 26, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–02310 Filed 2–5–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215 and 252 

RIN 0750–AI84 

Defense Federal Acquisition 

Regulation Supplement: DFARS Case 

2016–D017, Independent Research and 

Development Expenses 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: DoD is seeking information 

that will assist in the development of a 

revision to the DFARS to ensure that 

substantial future independent research 

and development (IR&D) expenses as a 

means to reduce evaluated bid prices in 

competitive source selections are 

evaluated in a uniform way during 

competitive source selections. In 

addition to the request for written 

comments on this proposed rulemaking, 

DoD will hold a public meeting to hear 

the views of interested parties. 

DATES: Submission of comments: 

Interested parties should submit written 

comments to the address shown below 

on or before April 8, 2016, to be 

considered in the development of any 

proposed DFARS rule. 

Public meeting: A public meeting will 

be held in the General Services 

Administration (GSA), Central Office 

Auditorium, 1800 F Street NW., 

Washington DC, 20405, on March 3, 

2016, from 12:00 p.m. to 4:00 p.m., local 

time. The GSA Auditorium is located on 

the main floor of the building. 

Individuals wishing to attend the 

public meeting should register by 

February 25, 2016, to ensure adequate 

accommodations, to facilitate entry into 

the building, and to create an attendee 

list for secure entry to the GSA building 

for anyone who is not a Federal 

Government employee with a 

Government badge. Interested parties 

may register at the Web site, http://

www.acq.osd.mil/dpap/dars/IR&D.html, 

by providing the following information: 

• Company or organization name; 

• Names, telephone numbers and 

email addresses of persons planning to 

attend; 

• Last four digits of social security 

number for each attendee (non-Federal 

employees only); and 

• Identify if company or organization 

desires to make a presentation; limit to 

one presentation per company or 

organization. Presentations will be 

limited to approximately 10 minutes as 

time permits. 

One valid, government-issued photo 

identification card will be required to 

enter the building. Non-U.S. citizens 

may use their valid passport as photo 

identification. Attendees are encouraged 

to arrive at least 30 minutes early to 

accommodate security procedures. 

Special Accommodations: The public 

meeting location is physically accessible 

to persons with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Mr. 

Mark Gomersall, telephone 703–602– 

0302, at least 10 working days prior to 

the meeting date. 

ADDRESSES: Submit comments 

identified by DFARS Case 2016–D017, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2016–D017’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2016– 

D017.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2016– 

D017’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2016–D017 in the subject 

line of the message. 

Æ Fax: 571–372–6099. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Mark 

Gomersall, OUSD (AT&L) DPAP/DARS, 

Room 3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (allow 30 

days for posting of comments submitted 

by mail). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, telephone 571–372– 

6099; facsimile 571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

As expressed in the ‘‘Implementation 

Directive for Better Buying Power 3.0— 

Achieving Dominant Capabilities 

Through Technical Excellence and 

Innovation,’’ dated April 9, 2015, the 

Under Secretary of Defense for 

Acquisition, Technology and Logistics 

noted a concern when ‘‘promised future 

IRAD [Independent Research and 

Development] expenditures are used to 

substantially reduce the bid price on 

competitive procurements. In these 

cases, development price proposals are 

reduced by using a separate source of 

government funding (allowable IRAD 

overhead expenses spread across the 

total business) to gain a price advantage 

in a specific competitive bid. This is not 

the intended purpose of making IRAD 

an allowable cost.’’ 

DoD is considering a proposed 

approach whereby solicitations would 

require offerors to describe in detail the 

nature and value of prospective IR&D 

projects on which the offeror would rely 

to perform the resultant contract. Then, 

as a standard approach, DoD would 

evaluate proposals in a manner that 

would take into account that reliance by 

adjusting the total evaluated price to the 

Government, for evaluation purposes 

only, to include the value of related 

future IR&D projects. 

II. Solicitation of Public Comment 

DoD is seeking comments on this 

planned approach in order to assist in 

the development of a proposed DFARS 

rule. Specifically, the Department is 

interested in understanding whether the 

planned approach would achieve the 

objective of treating the proposed use of 

substantial future IR&D expenses as a 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS