Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62381 

PSEG Power Connecticut LLC in 

Bridgeport. 

(lxxiv) Trading Agreement and Order 

No. 8301 issued to PSEG Power LLC, 

PSEG Fossil LLC, and PSEG Power 

Connecticut LLC in Bridgeport. 

(lxxv) Trading Agreement and Order 

No. 8305 issued to PSEG Power LLC, 

PSEG Fossil LLC, and PSEG Power 

Connecticut LLC in New Haven and 

Bridgeport. 

(lxxvi) Trading Agreement and Order 

No. 8249, Modification No. 2 issued to 

Capitol District Energy Center 

Cogeneration Associates in Hartford. 

(lxxvii) Trading Agreement and Order 

No. 8249, Modification No. 3 issued to 

Capitol District Energy Center 

Cogeneration Associates in Hartford. 

(lxxviii) Trading Agreement and 

Order No. 8298 issued to Capitol 

District Energy Center Cogeneration 

Associates in Hartford. 

(lxxix) Trading Agreement and Order 

No. 8261, Modification No. 1 issued to 

Algonquin Power Windsor Locks LLC in 

Windsor Locks. 

(lxxx) Trading Agreement and Order 

No. 8261, Modification No. 2 issued to 

Algonquin Power Windsor Locks LLC in 

Windsor Locks. 

(lxxxi) Trading Agreement and Order 

No. 8299 issued to Algonquin Power 

Windsor Locks LLC in Windsor Locks. 

(lxxxii) Trading Agreement and Order 

No. 8269 issued to Cascades Boxboard 

Group Connecticut LLC in Versailles. 

(lxxxiii) Trading Agreement and 

Order No. 8269, Modification No. 1 

issued to Cascades Boxboard Group 

Connecticut LLC in Versailles. 

(lxxxiv) Trading Agreement and Order 

No. 8297 issued to Cascades Boxboard 

Group Connecticut LLC in Versailles. 

(lxxxv) Trading Agreement and Order 

No. 8272 issued to NE Hydro Generating 

Company in Preston. 

(lxxxvi) Trading Agreement and Order 

No. 8279 issued to First Light Hydro 

Generating Company in Preston. 

(lxxxvii) Trading Agreement and 

Order No. 8303 issued to First Light 

Hydro Generating Company in Preston. 

(lxxxviii) Trading Agreement and 

Order No. 8300 issued to NRG Energy, 

Inc., Middletown Power LLC, NRG 

Middletown Operations Inc., Montville 

Power LLC, NRG Montville Operations 

Inc., Norwalk Power LLC, NRG Norwalk 

Harbor Operations Inc., and Connecticut 

Jet Power LLC in Branford, Greenwich, 

Torrington, Middletown, Norwalk, 

Milford, and Montville. 

(lxxxix) Trading Agreement and Order 

No. 8306 issued to NRG Energy, Inc., 

Middletown Power LLC, NRG 

Middletown Operations Inc., Montville 

Power LLC, NRG Montville Operations 

Inc., Norwalk Power LLC, and NRG 

Norwalk Harbor Operations Inc. in 

Middletown, Montville, and Norwalk. 

(xc) Trading Agreement and Order 

No. 8110A issued to Yale University in 

New Haven. 

* * * * * 

[FR Doc. 2016–21453 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0861; FRL–9950–32– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the General Definitions 

for Texas New Source Review and the 

Minor NSR Qualified Facilities Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving and 

disapproving portions of revisions to the 

Texas State Implementation Plan (SIP) 

pertaining to the Texas New Source 

Review (NSR) program submitted on 

March 13, 1996; July 22, 1998; 

September 11, 2000; September 4, 2002; 

and October 5, 2010. Specifically, the 

EPA is approving the severable portions 

of the amendments to the General 

Definitions for the Texas NSR program, 

and the Minor NSR Qualified Facilities 

Program. The EPA is disapproving a 

severable portion of the General 

Definition of ‘‘modification of existing 

facility’’ submitted on October 5, 2010. 

We are taking these actions under 

section 110, parts C and D of the Clean 

Air Act (CAA). 

DATES: This rule is effective on October 

11, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2010–0861. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, (214) 665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our May 2, 2016 

proposal. See 81 FR 26180. In that 

document we proposed to approve the 

Texas Qualified Facilities Program as a 

component of the Texas Minor NSR 

program as submitted on October 5, 

2010. We also proposed to approve 

several updates to the General 

Definitions for Permitting submitted 

from July 22, 1998 through October 5, 

2010, with one exception. We proposed 

to disapprove the severable portion of 

the definition of ‘‘modification of 

existing facility’’ pertaining to 

modifications made at natural gas 

processing facilities without a case-bycase permit as submitted on October 5, 

2010. We received comments from three 

parties; our response to the comments 

received on our proposed action are 

summarized below. 

II. Response to Comments 

Comment: We received two 

supportive comment letters from the 

Texas Commission on Environmental 

Quality (TCEQ) and the Texas Chemical 

Council, wherein the commenters 

reiterated the objectives of the proposed 

rulemaking and expressed support for 

the EPA finalizing as proposed. 

Response: The EPA appreciates the 

support of the commenters. No changes 

were made to the proposed rule as a 

result of these comments. 

Comment: The Lone Star Chapter of 

the Sierra Club submitted several 

comments regarding anti-backsliding 

requirements of the CAA. First, the 

commenter generally opposed any 

weakening in the Texas SIP if it fails to 

meet the anti-backsliding requirements 

of the CAA section 110(l) and stated that 

backsliding must not be allowed by the 

EPA in the Texas SIP. Second, the 

commenter provided a link to the TCEQ 

Agenda Item Request for the SIP 

Revision Adoption of the HoustonGalveston-Brazoria (HGB) Area 

Redesignation Substitute for the 1997 

Eight-Hour Ozone National Ambient Air 

Quality Standard (NAAQS). The 

commenter stated that ‘‘If Sierra Club 

understands this Texas SIP change 

correctly, part of the proposal would 

significantly change the threshold for 

emissions that would trigger such 

controls/trading. The netting trigger 

would increase substantially (from 5 to 

40), a major source would change from 


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62382 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

1The TCEQ has clarified in the preamble to the 

final adoption of the Qualified Facilities program 

that the term ‘‘facility’’ is consistent with the EPA’s 

use of the term ‘‘emissions unit.’’ See 35 TexReg 

8944, 8960, October 1, 2010. 

2Throughout this final rule, we use ‘‘permitted 

allowables’’ and ‘‘permitted facilities’’ to 

collectively refer to the allowable emission rates 

established via a SIP-approved authorization or 

permit program. 

25 to 100, and a major modification 

would go from 25 to 40. Companies 

would be able to break a modification 

into multiple, smaller modifications and 

effectively avoid controls. Texas urban 

air quality would suffer death from 1000 

cuts. This unacceptable backsliding 

change could be devastating to air 

quality. Companies that were planning 

major air quality control projects in 

hopes of trading credits for profit are 

choosing not to make those 

improvements, because their potential 

market would disappear because of the 

proposed loophole.’’ 

Response: The EPA understands the 

commenter’s concern about backsliding. 

We evaluate proposed revisions to a SIP 

under CAA section 110(l). This 

evaluation under section 110(l) is 

generally referred to as an ‘‘antibacksliding demonstration’’ because it 

analyzes whether a proposed change to 

the SIP will result in ‘‘backsliding’’; i.e., 

the scenario where a change to the 

Texas SIP would result in worsening air 

quality that could interfere with an 

area’s ability to attain or maintain the 

NAAQS or interfere with any other 

applicable requirements of the CAA. We 

believe that the commenter has three 

main concerns: (1) The commenter is 

generally concerned that approval of the 

Texas Qualified Facilities Program will 

result in backsliding in the Texas SIP; 

(2) the commenter is concerned that 

approval of the redesignation substitute 

for the 1997 8-hour ozone NAAQS in 

the HGB nonattainment area will result 

in backsliding; and (3) the commenter is 

concerned that the Texas Qualified 

Facilities Program will result in 

backsliding upon the approval of the 

redesignation substitute for the 1997 8- 

hour ozone NAAQS in the HGB 

nonattainment area. We address each of 

these three concerns below. 

First, as we explained in our proposed 

approval of the Texas Qualified 

Facilities Program at 81 FR 26180, 

26182—26183, we have evaluated the 

program as a revision to the Texas 

Minor NSR SIP and with respect to the 

requirements of CAA section 110(l). Our 

evaluation shows that the program is 

designed to allow an existing permitted 

facility to increase allowable emissions, 

provided that another permitted facility 

has a corresponding decrease in 

permitted allowables.1 The program 

requires enforceable changes be made to 

the underlying permits or authorizations 

to reflect the new allowable emission 

rate for each facility, and prohibits any 

net increase in permitted allowable 

emissions. The relevant TCEQ 

authorizations and permitting programs 

have all been SIP approved; each of 

these programs require the TCEQ to 

issue an authorization or permit that 

will be protective of the NAAQS and air 

quality consistent with the general 

permitting requirements at 40 CFR 

51.160–51.164. As such, any existing 

permitted allowables have been issued 

at levels protective of air quality.2

Therefore if permitted facilities trade 

permitted allowable emission rates, 

there will be no backsliding in 

permitted allowable emissions. The 

inclusion of the qualified facilities 

changes into the relevant permits or 

authorizations further ensures that the 

changes are federally enforceable and 

will not violate Texas control strategies 

or interfere with attainment of the 

NAAQS, reasonable further progress, 

control measures, or PSD increment. See 

35 TexReg 8944, 8960. The EPA 

continues to find that the Qualified 

Facilities Program will not result in 

backsliding of air quality requirements 

because the program is limited to 

permitted facilities and permitted 

emission allowables. No changes have 

been made to the proposed rule as a 

result of this comment. 

Regarding the commenter’s second 

concern, that the proposed approval of 

the redesignation substitute in HGB for 

the 1997 8-hour ozone NAAQS will 

result in backsliding, the EPA finds that 

this general concern is not relevant to 

the proposed approval of the Texas 

Qualified Facilities program into the 

Texas Minor NSR SIP. The EPA has 

proposed a separate action on the 

redesignation substitute request for the 

8-hour ozone NAAQS for HGB and 

invited the public to submit comments 

specifically on the effect of the 

redesignation substitute in this separate 

action. See the separate rulemaking 

docket EPA–R06–OAR–2015–0609 and 

our proposed rulemaking at 81 FR 

33166. We will address all comments 

received on the proposed redesignation 

substitute, including any comments 

received regarding the applicable major 

source and major modification 

thresholds in HGB, in this separate 

rulemaking action. No changes have 

been made to the proposed rule as a 

result of this comment. 

While we are not addressing general 

concerns about the impact of the 

redesignation substitute in the HGB area 

in this action, we do believe it is 

appropriate to address the commenter’s 

final concern that the use of the 

Qualified Facilities Program in HGB 

after the approval of the redesignation 

substitute will result in backsliding. The 

commenter is correct that if and when 

the redesignation substitute is effective, 

the major source and major modification 

thresholds in HGB will increase because 

the only applicable nonattainment area 

designation in HGB will be the marginal 

designation for the 2008 8-hour ozone 

NAAQS. 40 CFR 81.344. The EPA 

believes it is likely that more new 

sources and modifications will be 

permitted under the SIP-approved Texas 

Minor NSR mechanisms as a result of 

the increased thresholds. While we 

anticipate an increase in the number of 

Minor NSR permitting actions and a 

correlative decrease in Major NSR 

permitting actions, we cannot predict 

whether more changes will occur using 

the Qualified Facilities Program versus 

other SIP-approved Minor NSR 

mechanisms. However, we disagree that 

any increase in usage of the Qualified 

Facilities Program under the applicable 

thresholds will result in backsliding of 

air quality requirements in the HGB 

nonattainment area. The Texas SIP 

includes a suite of approved permitting 

regulations for both Minor and Major 

NSR, which will continue to apply in 

the event of approval of the 

redesignation substitute in the HGB 

area. Each of these programs has been 

evaluated and approved by EPA as 

consistent with the requirements of the 

CAA and protective of air quality, 

including the requirements at 40 CFR 

51.160 whereby the TCEQ cannot issue 

a permit or authorize an activity that 

will result in a violation of applicable 

portions of the control strategy or that 

will interfere with attainment or 

maintenance of a national standard. So 

moving forward to a time when the HGB 

area has a marginal designation as the 

only applicable nonattainment 

designation, new sources and 

modifications will continue to be 

permitted and authorized under the 

existing SIP requirements if they are 

determined to be protective of air 

quality. As explained in our proposed 

rulemaking, the Qualified Facilities 

Program can only be used by facilities 

with existing permits or 

authorizations—that means 

participating facilities were either 

permitted and authorized under the 

1997 8-hour ozone requirements or will 

have to be authorized/permitted under 

the new 2008 8-hour ozone 

requirements before a qualified change 

occurs. Regardless, each participating 

facility will have a permitted allowable 


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3See 54 FR 27274, June 28, 1989. See also, EPA’s 

June 13, 1989, Guidance on Limiting Potential to 

Emit in New Source Permitting; EPA’s September 

18, 1989, Response to the Request for Clarification 

of Policy Regarding the ‘‘Net Emissions Increase’’; 

EPA’s June 23, 1993, Memorandum on the 

Applicability of New Source Review Circumvention 

Guidance to 3M, Maplewood Minnesota; 75 FR 

19570–71, April 15, 2010 (proposed rule); and 

EPA’s August 26, 2011 Letter from Stephen Page, 

OAQPS, to David Isaacs, Semiconductor Industry 

Association, pages 6–8. All of these documents are 

included in the docket for this rulemaking. 

4Note that the federal regulations under the CAA 

do not require a permit renewal process for an 

approved NSR program. See 40 CFR 51.160–51.166. 

emission rate that may be increased 

commensurate with a simultaneous 

decrease in another permitted allowable 

emission rate; resulting in no net 

allowable increase. As explained in our 

proposed approval, relying on permitted 

allowable emissions is appropriate for a 

Minor NSR program. Further, a source 

can only use netting under the Qualified 

Facilities Program to the extent that any 

net increase in actual emissions is 

below the applicable major source 

threshold. Because the permitted 

allowable emission rates are established, 

or will be established, by the TCEQ as 

protective of air quality and the 

NAAQS, we continue to maintain that 

the use of the Qualified Facilities 

Program will function as proposed and 

will not result in backsliding. No 

changes have been made to the 

proposed rule as a result of this 

comment. 

We also disagree that companies 

could legally break what would 

otherwise be major modifications into 

multiple, smaller changes using the 

Qualified Facilities Program to 

effectively avoid controls. The EPA 

views this practice as circumvention of 

Major NSR requirements. Based on our 

regulations, policy and guidance, any 

company circumventing Major NSR 

requirements by breaking modifications 

into multiple, smaller modifications or 

changes would be subject to possible 

enforcement actions.3

III. Final Action 

Section 110(k)(3) of the Act states that 

the EPA may partially approve and 

partially disapprove a SIP submittal if 

we find that only a portion of the 

submittal meets the requirements of the 

Act. We find that the majority of the 

October 5, 2010 revision to the Texas 

SIP is approvable because the submitted 

rules are adopted and submitted in 

accordance with the CAA and are 

consistent with the EPA’s regulations 

regarding NSR and Minor NSR. 

Therefore, the EPA approves the 

following as a revision to the Texas SIP 

under section 110 and parts C and D of 

the CAA: 

• Substantive and non-substantive 

revisions to the General Definitions at 

30 TAC Section 116.10, as initially 

adopted on June 17, 1998 and submitted 

on July 22, 1998 and revised through the 

October 5, 2010 submittal, with the 

exception of 30 TAC Section 

116.10(9)(F). Note that 30 TAC Section 

116.10(5)(F) has not been submitted or 

proposed for inclusion in the Texas SIP. 

• New section 30 TAC Section 116.17 

establishing the definitions for the 

Minor NSR Qualified Facilities Program 

as adopted by the State on September 

15, 2010 and submitted on October 5, 

2010. 

• Substantive revisions to 30 TAC 

Section 116.116(e)(1)–(e)(11) creating 

the Texas Minor NSR Qualified 

Facilities Program as adopted by the 

State on September 15, 2010 and 

submitted on October 5, 2010. 

• New section 30 TAC Section 

116.117 establishing the documentation 

and notification requirements for the 

Minor NSR Qualified Facilities Program 

as adopted by the State on September 

15, 2010 and submitted on October 5, 

2010. Note that 30 TAC Section 

116.117(a)(4)(B) has not been submitted 

or proposed for inclusion in the Texas 

SIP. 

• Revisions to 30 TAC Section 

116.311(a)(2), providing that revisions 

authorized under the Qualified 

Facilities Program are not subject the 

permit renewal provisions 4 under 30 

TAC Section 116.311, as adopted by the 

State on June 17, 1998 and submitted on 

July 22, 1998; and further revised by the 

adoption of August 21, 2002 and 

submitted on September 4, 2002. 

• The SIP narrative titled ‘‘Revisions 

to the State Implementation Plan (SIP) 

Concerning the Qualified Facility 

Program as Authorized by Senate Bill 

1126’’ as submitted on October 5, 2010. 

The EPA’s approval does not make 

federally enforceable any Qualified 

Facility actions that were authorized by 

the State before the effective date of the 

EPA’s final approval of the Qualified 

Facilities Program. Additionally, as a 

result of today’s final approval, we are 

revising the existing provisions in 40 

CFR 52.2270(c) and (e) to show the 

correct approval status of the Texas 

Minor NSR Qualified Facilities program. 

We are also deleting the provisions 

codifying our prior disapproval of the 

Texas Minor NSR Qualified Facilities 

program at 40 CFR 52.2273(b)(1)(iii), 

(b)(1)(iv), and (b)(2)–(4), and our prior 

disapproval of the definition of ‘‘BACT’’ 

at 40 CFR 52.2273(d)(1)(i). 

We are also disapproving the 

severable portion of the definition of 

‘‘modification of existing facility’’ at 30 

TAC Section 116.10(9)(F) pertaining to 

natural gas processing facilities as 

submitted on October 5, 2010. The EPA 

previously disapproved this provision 

on November 17, 2011, as promulgated 

at 30 TAC Section 116.10(11)(G) in the 

March 13, 1996; July 22, 1998 and the 

September 4, 2002 Texas SIP submittals. 

The state resubmitted the provision on 

October 5, 2010, unchanged with the 

exception of changing the numbering to 

30 TAC Section 116.10(9)(F) and 

provided no additional evidence to 

substantiate inclusion in the Texas 

Minor NSR program or to address the 

anti-backsliding requirements under 

CAA section 110(l). As such, we find 

that this provision is not clearly limited 

to Minor NSR and is disapprovable as 

inconsistent with the requirements of 

section 110 of the Act and the EPA’s 

regulations under 40 CFR 51.160–51.164 

regarding Minor NSR. The provision in 

subparagraph (F) in the definition of 

‘‘modification of existing facility’’ that 

we are disapproving was not submitted 

to meet a mandatory requirement of the 

CAA. Therefore, EPA is not imposing 

any sanctions and no Federal 

Implementation Plan clocks will be 

triggered. See CAA section 179(a). 

At this time the EPA is also finalizing 

several unrelated corrections to the 

Texas SIP to accurately reflect recent 

federal final actions. 

• We are correcting 40 CFR 

52.2270(c) to include 30 TAC Section 

116.112 as part of the Texas SIP. On 

December 7, 2005, the EPA approved 30 

TAC Section 116.112—Distance 

Limitations as adopted by the TCEQ on 

January 14, 2004. See 70 FR 72720. As 

a result of this final approval, we 

included this provision in the table of 

EPA-Approved Regulations in the Texas 

SIP at 40 CFR 52.2270(c). 30 TAC 

Section 116.112 was inadvertently 

removed from 40 CFR 52.2270(c) due to 

a typographical error in a later final 

rulemaking. We have taken no action to 

remove the Distance Limitation 

provisions at 30 TAC Section 116.112 

from the Texas SIP; therefore, we are 

merely correcting a clerical error. 

• The EPA is also correcting 40 CFR 

52.2270(c) to include the date and 

Federal Register citation for the EPA’s 

final approval of 30 TAC Section 

116.760 into the Texas SIP. This section 

was included in our final approval of 

the Texas Flexible Permits Program on 

July 14, 2014; however, the table in 40 

CFR 52.2270(c) does not include the 

date or citation of EPA’s approval. We 

are correcting this inadvertent omission. 

• The EPA is clarifying the SIP status 

of 30 TAC Section 116.110(c). This 

section was returned to the TCEQ on 


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June 29, 2011, as it was inappropriately 

submitted for inclusion in the Texas 

SIP. As such, we are revising 40 CFR 

52.2270(c) to specify that 30 TAC 

Section 116.110(c) is not part of Texas’ 

approved SIP. 

• Additionally, the EPA is 

substantially revising 40 CFR 52.2273 to 

accurately reflect the disapproval status 

of the Texas SIP. We are deleting the 

following existing provisions; as a result 

of the deletions to 40 CFR 52.2273 

described here, we are renumbering this 

section to improve readability. 

Æ 40 CFR 52.2273(d)(4)(viii) because 

of our January 6, 2014 final approval. 

See 79 FR 00551. 

Æ 40 CFR 52.2273(d)(5)(i) because of 

our November 10, 2014 final approval. 

See 79 FR 66626. 

Æ 40 CFR 52.2273(d)(5)(ii) because of 

our April 1, 2014 final approval. See 79 

FR 18183. 

Æ 40 CFR 52.2273(f)(1) because of our 

April 1, 2014 final approval. See 79 FR 

18183. 

IV. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Texas regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. There is no burden imposed under 

the PRA because this action merely 

proposes to approve state permitting 

provisions that are consistent with the 

CAA and disapprove state permitting 

provisions that are inconsistent with the 

CAA. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities as 

identified in the RFA. This action 

merely proposes to approve state 

permitting provisions that are consistent 

with the CAA and disapprove state 

permitting provisions that are 

inconsistent with the CAA; therefore 

this action will not impose any 

requirements on small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action merely approves state 

permitting provisions that are consistent 

with the CAA and disapproves state 

permitting provisions that are 

inconsistent with the CAA; and 

therefore will have no impact on small 

governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action does not apply 

on any Indian reservation land or any 

other area of Indian country where the 

EPA or an Indian tribe has demonstrated 

that a tribe has jurisdiction. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it merely proposes to approve 

state permitting provisions that are 

consistent with the CAA and disapprove 

state permitting provisions that are 

inconsistent with the CAA. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because it 

does not establish an environmental 

health or safety standard. This action 

merely proposes to approve state 

permitting provisions that are consistent 

with the CAA and disapprove state 

permitting provisions that are 

inconsistent with the CAA. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

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

L. Judicial Review 

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 November 8, 

2016. 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 CAA 

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. 


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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62385 

Dated: September 1, 2016. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270: 

■ a. In paragraph (c), the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by: 

■ i. Revising the entries for Sections 

116.10, 116.110, 116.116, 116.311, and 

116.760. 

■ ii. Adding entries for Sections 116.17, 

116.112, and 116.117. 

■ b. In paragraph (e), the table titled 

‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding the entry ‘‘Revisions to the 

State Implementation Plan (SIP) 

Concerning the Qualified Facility 

Program as Authorized by Senate Bill 

1126’’ at the end of the table. 

The revisions and additions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

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 A—Definitions 

Section 116.10 ......................... Definitions .............................. 9/15/2010 9/9/2016, [Insert Federal Register citation].SIP does not include 30 TAC Section 

116.10(5)(F) or 116.10(9)(F). 

* * * * * * * 

Section 116.17 ......................... Qualified Facility Definitions .. 9/15/2010 9/9/2016, [Insert Federal Register citation].

* * * * * * * 

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

Section 116.110 ....................... Applicability ............................ 8/9/2000 7/14/2014, 79 FR 40666 ........................ SIP includes 30 TAC Section 

116.110(a)(3) adopted on 6/17/1998. 

SIP does not include 30 TAC Sections 

116.110(a)(5), 116.110(c), or 

116.110(d). 

* * * * * * * 

Section 116.112 ....................... Distance Limitations ............... 1/14/2004 12/7/2005, 70 FR 72720 ........................

* * * * * * * 

Section 116.116 ....................... Changes to Facilities ............. 9/15/2010 9/9/2016, [Insert Federal Register citation].SIP does not include 30 TAC Section 

116.116(b)(3). 

Section 116.117 ....................... Documentation and Notification of Changes to Qualified Facilities.9/15/2010 9/9/2016, [Insert Federal Register citation].SIP does not include 30 TAC Section 

116.117(a)(4)(B). 

* * * * * * * 

Subchapter D—Permit Renewals 

*******

Section 116.311 ....................... Permit Renewal Application ... 8/21/2002 9/9/2016, [Insert Federal Register citation].SIP does not include 30 TAC Section 

116.311(a)(6). 

*******

Subchapter G: Flexible Permits 

*******

Section 116.760 ....................... Flexible Permit Renewal ........ 11/16/1994 7/20/2015, 80 FR 42729 ........................

*******

* * * * * (e) * * * 


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62386 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP 

provision 

Applicable geographic or 

nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Comments 

*******

Revisions to the State Implementation Plan (SIP) Concerning the Qualified Facility 

Program as Authorized by 

Senate Bill 1126.

Statewide .................................. 9/15/2010 9/9/2016, [Insert Federal Register citation].

■ 3. Section 52.2273 is revised to read 

as follows: 

§ 52.2273 Approval status. 

(a) With the exceptions set forth in 

this subpart, the Administrator approves 

Texas’ plan for the attainment and 

maintenance of the national standards. 

(b) The EPA is disapproving the 

following Texas SIP revisions submittals 

under 30 TAC Chapter 35—Emergency 

and Temporary Orders and Permits; 

Temporary Suspension or Amendment 

of Permit Conditions as follows: 

(1) The following provisions under 30 

TAC Chapter 35, Subchapter A— 

Purpose, Applicability and Definitions: 

(i) 30 TAC Section 35.1—Purpose— 

adopted November 18, 1998 and 

submitted December 10, 1998. 

(ii) 30 TAC Section 35.2— 

Applicability—adopted November 18, 

1998 and submitted December 10, 1998. 

(iii) 30 TAC Section 35.3— 

Definitions—adopted November 18, 

1998 and submitted December 10, 1998. 

(2) The following provisions under 30 

TAC Chapter 35, Subchapter B— 

Authority of the Executive Director: 

(i) 30 TAC Section 35.11—Purpose 

and Applicability—adopted November 

18, 1998 and submitted December 10, 

1998. 

(ii) 30 TAC Section 35.12—Authority 

of the Executive Director—adopted 

November 18, 1998 and submitted 

December 10, 1998. 

(iii) 30 TAC Section 35.13—Eligibility 

of the Executive Director—adopted 

November 18, 1998 and submitted 

December 10, 1998. 

(3) The following provisions under 30 

TAC Chapter 35, Subchapter C—General 

Provisions: 

(i) 30 TAC Section 35.21—Action by 

the Commission or Executive Director— 

adopted November 18, 1998 and 

submitted December 10, 1998. 

(ii) 30 TAC Section 35.22—Term and 

Renewal of Orders—adopted November 

18, 1998 and submitted December 10, 

1998. 

(iii) 30 TAC Section 35.23—Effect of 

Orders—adopted November 18, 1998 

and submitted December 10, 1998. 

(iv) 30 TAC Section 35.24— 

Application for Emergency or 

Temporary Orders—adopted November 

18, 1998 and submitted December 10, 

1998. No action is taken on subsection 

(b) and paragraphs (e)(6)–(7) which are 

outside the scope of the SIP. 

(v) 30 TAC Section 35.25—Notice and 

Opportunity for Hearing—adopted 

November 18, 1998 and submitted 

December 10, 1998. No action is taken 

on paragraphs (e)(1)–(8) and (11)–(15) 

which are outside the scope of the SIP. 

(vi) 30 TAC Section 35.26—Contents 

of Emergency or Temporary Order— 

adopted November 18, 1998 and 

submitted December 10, 1998. 

(vii) 30 TAC 35.27—Hearing 

Required—adopted November 18, 1998 

and submitted December 10, 1998. 

(viii) 30 TAC Section 35.28—Hearing 

Requests—adopted November 18, 1998 

and submitted December 10, 1998. 

(ix) 30 TAC Section 35.29— 

Procedures for a Hearing—adopted 

November 18, 1998 and submitted 

December 10, 1998. 

(x) 30 TAC Section 35.30— 

Application Fees—adopted November 

18, 1998 and submitted December 10, 

1998. 

(4) The following provisions under 30 

TAC Chapter 35, Subchapter K—Air 

Orders: 

(i) 30 TAC Section 35.801— 

Emergency Orders Because of a 

Catastrophe—adopted November 18, 

1998 and submitted December 10, 1998; 

revised June 28, 2006 and submitted 

July 17, 2006. 

(ii) 30 TAC Section 35.802— 

Applications for an Emergency Order— 

adopted August 16, 1993 and submitted 

August 31, 1993 (as 30 TAC 116.411); 

revised November 18, 1998 and 

submitted December 10, 1998 (as 

redesignated to 30 TAC 35.802); revised 

June 28, 2006 and submitted July 17, 

2006. 

(iii) 30 TAC Section 35.803—Public 

Notification—adopted August 16, 1993 

and submitted August 31, 1993 (as 30 

TAC 116.412); revised November 18, 

1998 and submitted December 10, 1998 

(as redesignated to 30 TAC 35.803). 

(iv) 30 TAC Section 35.804—Issuance 

of an Emergency Order—adopted 

November 18, 1998 and submitted 

December 10, 1998; revised June 28, 

2006 and submitted July 17, 2006. 

(v) 30 TAC Section 35.805—Contents 

of an Emergency Order—adopted 

August 16, 1993 and submitted August 

31, 1993 (as 30 TAC 116.415); revised 

November 18, 1998 and submitted 

December 10, 1998 (as redesignated to 

30 TAC 35.805); revised June 28, 2006 

and submitted July 17, 2006. 

(vi) 30 TAC Section 35.806— 

Requirement to Apply for a Permit or 

Modification—adopted August 16, 1993 

and submitted August 31, 1993 (as 30 

TAC 116.416); revised November 18, 

1998 and submitted December 10, 1998 

(as redesignated to 30 TAC Section 

35.806). 

(vii) 30 TAC Section 35.807— 

Affirmation of an Emergency Order— 

adopted August 16, 1993 and submitted 

August 31, 1993 (as 30 TAC 116.414); 

revised November 18, 1998 and 

submitted December 10, 1998 (as 

redesignated to 30 TAC Section 35.807); 

revised June 28, 2006 and submitted 

July 17, 2006. 

(viii) 30 TAC Section 35.808— 

Modification of an Emergency Order— 

adopted August 16, 1993 and submitted 

August 31, 1993 (as 30 TAC Section 

116.417); revised November 18, 1998 

and submitted December 10, 1998 (as 

redesignated to 30 TAC Section 35.808); 

revised June 28, 2006 and submitted 

July 17, 2006. 

(ix) 30 TAC Section 35.809—Setting 

Aside an Emergency Order—adopted 

August 16, 1993 and submitted August 

31, 1993 (as 30 TAC Section 116.418); 

revised November 18, 1998 and 

submitted December 10, 1998 (as 

redesignated to 30 TAC Section 35.809). 


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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62387 

(c) The EPA is disapproving the Texas 

SIP revision submittals under 30 TAC 

Chapter 101—General Air Quality Rules 

as follows: 

(1) The following provisions under 30 

TAC Chapter 101, Subchapter F— 

Emissions Events and Scheduled 

Maintenance, Startup, and Shutdown 

Activities: 

(i) 30 TAC Section 101.222 

(Demonstrations): Sections 101.222(h), 

101.222(i), and 101.222(j), adopted 

December 14, 2005, and submitted 

January 23, 2006. 

(ii) [Reserved] 

(2) [Reserved] 

(d) The EPA is disapproving the 

following Texas SIP revisions submittals 

under 30 TAC Chapter 116—Control of 

Air Pollution by Permits for New 

Construction and Modification as 

follows: 

(1) The following provisions under 30 

TAC Chapter 116, Subchapter A— 

Definitions: 

(i) Definition of ‘‘actual emissions’’ in 

30 TAC Section 116.10(1), submitted 

March 13, 1996 and repealed and readopted June 17, 1998 and submitted 

July 22, 1998; 

(ii) Definition of ‘‘allowable 

emissions’’ in 30 TAC Section 116.10(2), 

submitted March 13, 1996; repealed and 

re-adopted June 17, 1998 and submitted 

July 22, 1998; and submitted September 

11, 2000. 

(iii) Definition of ‘‘modification of 

existing facility’’ pertaining to oil and 

natural gas processing facilities adopted 

February 14, 1996 and submitted on 

March 13, 1996 at 30 TAC Section 

116.10(11)(G); repealed and re-adopted 

June 17, 1998, submitted July 22, 1998; 

adopted August 21, 2002, and submitted 

September 4, 2002. 

(iv) Definition of ‘‘modification of 

existing facility’’ pertaining to oil and 

natural gas processing facilities adopted 

September 15, 2010, and submitted 

October 5, 2010, as 30 TAC Section 

116.10(9)(F). 

(2) The following provisions under 30 

TAC Chapter 116, Subchapter B—New 

Source Review Permits: 

(i) 30 TAC Section 116.118 submitted 

March 13, 1996 and repealed and readopted June 17, 1998 and submitted 

July 22, 1998. 

(ii) [Reserved] 

(3) The following provision under 30 

TAC Chapter 116, Subchapter K— 

Emergency Orders: 30 TAC Section 

116.1200—Applicability, adopted 

August 16, 1993 and submitted August 

31, 1993 (as 30 TAC Section 116.410); 

revised November 18, 1998 and 

submitted December 10, 1998; revised 

January 11, 2006 and submitted 

February 1, 2006 (as redesignated to 30 

TAC Section 116.1200). 

(e) The EPA is disapproving the 

attainment demonstration for the Dallas/ 

Fort Worth Serious ozone 

nonattainment area under the 1997 

ozone standard submitted January 17, 

2012. The disapproval applies to the 

attainment demonstration, the 

determination for reasonably available 

control measures, and the attainment 

demonstration motor vehicle emission 

budgets for 2012. 

[FR Doc. 2016–21594 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2016–0453; FRL–9951–86– 

Region 7] 

State of Iowa; Approval and 

Promulgation of the Title V Operating 

Permits Program, the State 

Implementation Plan, and 112(l) Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the Iowa 

Title V Operating Permits Program, the 

State Implementation Plan (SIP), and 

the 112(l) plan. The submission revises 

the Title V Operating Permits Program 

to include a new chapter to address fees 

for services by the air quality program. 

Administrative revisions made with this 

rulemaking to the SIP and 112(l) plan 

are associated with the new chapter. 

DATES: This direct final rule will be 

effective November 8, 2016, without 

further notice, unless EPA receives 

adverse comment by October 11, 2016. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2016–0453, to http://

www.regulations.gov. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. 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. 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, 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. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to the EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. What part 70 revision is EPA approving? 

III. What part 52 revision is EPA approving? 

IV. Have the requirements for approval of a 

SIP revision been met? 

V. What action is EPA taking? 

I. What is being addressed in this 

document? 

This direct final action approves 

revisions to the Iowa Title V Operating 

Permits Program, the State 

Implementation Plan (SIP), and the 

112(l) plan. The submission revises the 

Title V Operating Permits Program to 

include a new chapter to address fees 

for services by the air quality program. 

Administrative revisions made with this 

rulemaking to the SIP and 112(l) plan 

are associated with the new chapter. 

Additional information for this 

rulemaking can be found in the 

Technical Support Document located in 

this docket. 

II. What part 70 revision is EPA 

approving? 

The State of Iowa implements an 

operating permits program applicable to 

certain sources of air pollution in the 

state. One EPA requirement for a Title 

V program is that the permitting state 

must establish a fee structure sufficient 

to cover the costs of the program (40 

CFR 70.9(b)). Due to decreased 

emissions, and therefore, decreased 

Title V emission fees, Iowa analyzed 

program costs and determined that a 

new fee structure was necessary. The 

State increased the fixed dollar amount 

of $56 per ton to $70 per ton as the 

maximum Title V Operating Permit fee 

established on the first 4,000 tons of 


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