62378 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: August 31, 2016. 

Ron Curry, 

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(e), the table titled 

‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding entries at the end for 

‘‘Infrastructure and Transport SIP 

Revisions for the 2010 Nitrogen Dioxide 

Standard’’ and ‘‘Infrastructure and 

Transport SIP Revisions for the 2008 

Ozone Standard’’ to read as follows. 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

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 

*******

Infrastructure and Transport SIP Revisions for 

the 2010 Nitrogen Dioxide Standard.

Statewide ..................... 12/7/2012 9/9/2016, [Insert Federal Register citation].Approval for 110(a)(2)(A), (B), (C), (D)(i) (portions pertaining to nonattainment and interference with maintenance), D(ii), (E), (F), (G), 

(H), (K), (L) and (M). 

Infrastructure and Transport SIP Revisions for 

the 2008 Ozone 

Standard.

Statewide ..................... 12/13/2012 9/9/2016, [Insert Federal Register citation].Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), D(ii), (E), (F), (G), 

(H), (K), (L) and (M). 

[FR Doc. 2016–21593 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0238; FRL–9951–94– 

Region 1] 

Air Plan Approval; Connecticut; NOX

Emission Trading Orders as Single 

Source SIP Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Connecticut. 

This revision continues to allow 

facilities to create and/or use emission 

credits using NOX Emission Trading and 

Agreement Orders (TAOs) to comply 

with the NOX emission limits required 

by Regulations of Connecticut State 

Agencies (RCSA) section 22a-174–22 

(Control of Nitrogen Oxides). The 

intended effect of this action is to 

approve the individual trading orders to 

allow facilities to determine the most 

cost-effective way to comply with the 

state regulation. This action is being 

taken in accordance with the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

October 11, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R01–OAR–2015–0238. 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., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, Air Permits, Toxics, and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, (OEP05–2), 

Boston, MA 02109–3912, phone number 

(617) 918–1657, fax number (617) 918– 

0657, email Dahl.Donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Summary of SIP Revision 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Summary of SIP Revision 

On November 15, 2011, the 

Connecticut Department of Energy and 

Environmental Protection (CT DEEP) 

submitted a formal revision to its State 

Implementation Plan (SIP). This SIP 

revision consists of eighty-nine sourcespecific Trading Agreement and Orders 

(TAOs) that allow twenty-four 

individual stationary sources of nitrogen 

oxide (NOX) emissions to create and/or 

trade NOX emission credits in order to 

ensure more effective compliance with 

EPA SIP-approved state regulations for 

reducing NOX emissions. We previously 

approved source-specific TAOs of the 

same kind issued by CT DEEP under 

this program for these same sources on 

September 28, 1999 (64 FR 52233), 

March 23, 2001 (66 FR 16135), and 

September 9, 2013 (78 FR 54962). The 

November 15, 2011 SIP submittal also 

includes Consent Order 8029A issued to 

Hamilton Sundstrand which addresses 

Volatile Organic Compound (VOC) 

emissions. 

On June 15, 2016 (81 FR 38999) EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Connecticut’s 2011 SIP revision 

submittal, proposing approval of the 

TAOs, except for Consent Order 8029A. 

The NPR also proposed approval of the 

revised TAO 8110A issued to Yale 

University. This TAO was originally 

submitted as part of a July 1, 2004 SIP 

revision from Connecticut, and was 

modified by CT DEEP on May 29, 2015. 

The rationale supporting EPA’s 

proposed rulemaking action is 

explained in the published NPR. The 

NPR is available in the docket for this 


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rulemaking at www.regulations.gov, 

Docket ID Number EPA–R01–OAR– 

2015–0238. EPA did not receive any 

public comments on the NPR. 

II. Final Action 

The EPA is approving into the 

Connecticut SIP the 89 TAOs contained 

in the State of Connecticut’s 2011 SIP 

revision request as well as the revised 

TAO 8110A for Yale University. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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 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). 

The Congressional Review Act, 5 U.S.C. 

801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

Rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

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 section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Reporting and 

recordkeeping requirements. 

Dated: August 17, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 H—Connecticut 

■ 2. Section 52.377 is amended by 

adding paragraph (m)(2) to read as 

follows: 

§ 52.377 Control Strategy: Ozone. 

* * * * * 

(m) * * * 

(2) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of Energy and 

Environmental Protection on November 

15, 2011 and July 1, 2004. The revisions 

consist of 90 single source emission 

trading orders necessary for satisfying 

Reasonable Available Control 

Technology requirements for nitrogen 

oxides during specific time periods. 

(i) Trading Agreement and Order No. 

8093C, Modification No. 2 issued to 

Pfizer in Groton. 

(ii) Trading Agreement and Order No. 

8093C, Modification No. 3 issued to 

Pfizer in Groton. 

(iii) Trading Agreement and Order No. 

8136A, Modification No. 1 issued to 

Pfizer in Groton. 

(iv) Trading Agreement and Order No. 

8136A, Modification No. 2 issued to 

Pfizer in Groton. 

(v) Trading Agreement and Order No. 

8296 issued to Pfizer in Groton. 

(vi) Trading Agreement and Order No. 

8109, Modification No. 1 issued to 

Hamilton Sundstrand Corporation in 

Windsor Locks. 

(vii) Trading Agreement and Order 

No. 8109, Modification No. 2 issued to 

Hamilton Sundstrand Corporation in 

Windsor Locks. 

(viii) Trading Agreement and Order 

No. 8109, Modification No. 3 issued to 

Hamilton Sundstrand Corporation in 

Windsor Locks. 

(ix) Trading Agreement and Order No. 

8291 issued to Hamilton Sundstrand 

Corporation in Windsor Locks. 

(x) Trading Agreement and Order No. 

8291, Modification No. 1 issued to 

Hamilton Sundstrand Corporation in 

Windsor Locks. 

(xi) Trading Agreement and Order No. 

8114A, Modification No. 1 issued to 

Cytec Industries, Inc. in Wallingford. 

(xii) Trading Agreement and Order 

No. 8114A, Modification No. 2 issued to 

Cytec Industries, Inc. in Wallingford. 

(xiii) Trading Agreement and Order 

No. 8115B, Modification No. 1 issued to 

University of Connecticut in Storrs. 


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(xiv) Trading Agreement and Order 

No. 8115B, Modification No. 2 issued to 

University of Connecticut in Storrs. 

(xv) Trading Agreement and Order 

No. 8115B, Modification No. 3 issued to 

University of Connecticut in Storrs. 

(xvi) Trading Agreement and Order 

No. 8116B, Modification No. 1 issued to 

Connecticut Resources Recovery 

Authority in Hartford. 

(xvii) Trading Agreement and Order 

No. 8116B, Modification No. 2 issued to 

Connecticut Resources Recovery 

Authority in Hartford. 

(xviii) Trading Agreement and Order 

No. 8302 issued to Connecticut 

Resources Recovery Authority in 

Hartford. 

(xix) Trading Agreement and Order 

No. 8119A, Modification No. 2 issued to 

City of Norwich, Department of Public 

Utilities in Norwich. 

(xx) Trading Agreement and Order 

No. 8119A, Modification No. 3 issued to 

City of Norwich, Department of Public 

Utilities in Norwich. 

(xxi) Trading Agreement and Order 

No. 8304 issued to City of Norwich, 

Department of Public Utilities in 

Norwich. 

(xxii) Trading Agreement and Order 

No. 8120A, Modification No. 1 issued to 

Sikorsky Aircraft Corporation in 

Stratford. 

(xxiii) Trading Agreement and Order 

No. 8120A, Modification No. 2 issued to 

Sikorsky Aircraft Corporation in 

Stratford. 

(xxiv) Trading Agreement and Order 

No. 8293 issued to Sikorsky Aircraft 

Corporation in Stratford. 

(xxv) Trading Agreement and Order 

No. 8293, Modification No. 1 issued to 

Sikorsky Aircraft Corporation in 

Stratford. 

(xxvi) Trading Agreement and Order 

No. 8123A, Modification No. 1 issued to 

Algonquin Gas Transmission Company 

in Cromwell. 

(xxvii) Trading Agreement and Order 

No. 8123A, Modification No. 2 issued to 

Algonquin Gas Transmission Company 

in Cromwell. 

(xxviii) Trading Agreement and Order 

No. 8134A, Modification No. 1 issued to 

United Technologies Corporation in 

East Hartford. 

(xxix) Trading Agreement and Order 

No. 8134A, Modification No. 2 issued to 

United Technologies Corporation in 

East Hartford. 

(xxx) Trading Agreement and Order 

No. 8289 issued to United Technologies 

Corporation in East Hartford. 

(xxxi) Trading Agreement and Order 

No. 8154A, Modification No. 1 issued to 

Combustion Engineering, Inc. in 

Windsor. 

(xxxii) Trading Agreement and Order 

No. 8154A, Modification No. 2 issued to 

Combustion Engineering, Inc. in 

Windsor. 

(xxxiii) Trading Agreement and Order 

No. 8180A, Modification No. 2 issued to 

Connecticut Jet Power LLC in Branford, 

Greenwich, and Torrington. 

(xxxiv) Trading Agreement and Order 

No. 8180A, Modification No. 3 issued to 

Connecticut Jet Power LLC in Branford, 

Greenwich, and Torrington. 

(xxxv) Trading Agreement and Order 

No. 8181A, Modification No. 2 issued to 

Devon Power LLC in Milford. 

(xxxvi) Trading Agreement and Order 

No. 8181A, Modification No. 3 issued to 

Devon Power LLC in Milford. 

(xxxvii) Trading Agreement and Order 

No. 8219A, Modification No. 2 issued to 

Devon Power LLC in Milford. 

(xxxviii) Trading Agreement and 

Order No. 8251A, Modification No. 2 

issued to Devon Power LLC in Milford. 

(xxxix) Trading Agreement and Order 

No. 8251A, Modification No. 3 issued to 

Devon Power LLC in Milford. 

(xl) Trading Agreement and Order No. 

8182A, Modification No. 2 issued to 

Middleton Power LLC in Middleton. 

(xli) Trading Agreement and Order 

No. 8182A, Modification No. 3 issued to 

Middleton Power LLC in Middleton. 

(xlii) Trading Agreement and Order 

No. 8213A, Modification No. 2 issued to 

Middleton Power LLC in Middleton. 

(xliii) Trading Agreement and Order 

No. 8213A, Modification No. 3 issued to 

Middleton Power LLC in Middleton. 

(xliv) Trading Agreement and Order 

No. 8214A, Modification No. 2 issued to 

Middleton Power LLC in Middleton. 

(xlv) Trading Agreement and Order 

No. 8214A, Modification No. 3 issued to 

Middleton Power LLC in Middleton. 

(xlvi) Trading Agreement and Order 

No. 8215A, Modification No. 2 issued to 

Middleton Power LLC in Middleton. 

(xlvii) Trading Agreement and Order 

No. 8215A, Modification No. 3 issued to 

Middleton Power LLC in Middleton. 

(xlviii) Trading Agreement and Order 

No. 8183A, Modification No. 2 issued to 

Montville Power LLC in Montville. 

(xlix) Trading Agreement and Order 

No. 8183A, Modification No. 3 issued to 

Montville Power LLC in Montville. 

(l) Trading Agreement and Order No. 

8216A, Modification No. 2 issued to 

Montville Power LLC in Montville. 

(li) Trading Agreement and Order No. 

8216A, Modification No. 3 issued to 

Montville Power LLC in Montville. 

(lii) Trading Agreement and Order No. 

8217A, Modification No. 2 issued to 

Montville Power LLC in Montville. 

(liii) Trading Agreement and Order 

No. 8217A, Modification No. 3 issued to 

Montville Power LLC in Montville. 

(liv) Trading Agreement and Order 

No. 8184A, Modification No. 2 issued to 

Norwalk Power LLC in Norwalk. 

(lv) Trading Agreement and Order No. 

8184A, Modification No. 3 issued to 

Norwalk Power LLC in Norwalk. 

(lvi) Trading Agreement and Order 

No. 8218A, Modification No. 2 issued to 

Norwalk Power LLC in Norwalk. 

(lvii) Trading Agreement and Order 

No. 8218A, Modification No. 3 issued to 

Norwalk Power LLC in Norwalk. 

(lviii) Trading Agreement and Order 

No. 8221A, Modification No. 1 issued to 

Dominion Nuclear Connecticut, Inc. in 

Waterford. 

(lix) Trading Agreement and Order 

No. 8221A, Modification No. 2 issued to 

Dominion Nuclear Connecticut, Inc. in 

Waterford. 

(lx) Trading Agreement and Order No. 

8222A, Modification No. 1 issued to 

Dominion Nuclear Connecticut, Inc. in 

Waterford. 

(lxi) Trading Agreement and Order 

No. 8222A, Modification No. 2 issued to 

Dominion Nuclear Connecticut, Inc. in 

Waterford. 

(lxii) Trading Agreement and Order 

No. 8288 issued to Dominion Nuclear 

Connecticut, Inc. in Waterford. 

(lxiii) Trading Agreement and Order 

No. 8288, Modification No. 1 issued to 

Dominion Nuclear Connecticut, Inc. in 

Waterford. 

(lxiv) Trading Agreement and Order 

No. 8240, Modification No. 2 issued to 

PSEG Power Connecticut LLC in New 

Haven. 

(lxv) Trading Agreement and Order 

No. 8240, Modification No. 3 issued to 

PSEG Power Connecticut LLC in New 

Haven. 

(lxvi) Trading Agreement and Order 

No. 8243, Modification No. 1 issued to 

PSEG Power Connecticut LLC in New 

Haven. 

(lxvii) Trading Agreement and Order 

No. 8243, Modification No. 2 issued to 

PSEG Power Connecticut LLC in New 

Haven. 

(lxviii) Trading Agreement and Order 

No. 8241, Modification No. 2 issued to 

PSEG Power Connecticut LLC in 

Bridgeport. 

(lxix) Trading Agreement and Order 

No. 8241, Modification No. 3 issued to 

PSEG Power Connecticut LLC in 

Bridgeport. 

(lxx) Trading Agreement and Order 

No. 8244, Modification No. 2 issued to 

PSEG Power Connecticut LLC in 

Bridgeport. 

(lxxi) Trading Agreement and Order 

No. 8244, Modification No. 3 issued to 

PSEG Power Connecticut LLC in 

Bridgeport. 

(lxxii) Trading Agreement and Order 

No. 8253, Modification No. 2 issued to 

PSEG Power Connecticut LLC in 

Bridgeport. 

(lxxiii) Trading Agreement and Order 

No. 8253, Modification No. 3 issued to 


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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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