26180 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules 

of your document so that DOT can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, put the 

docket number, DOT–OST–2015–0246, 

in the keyword box, and click ‘‘Search.’’ 

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box on the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. 

VI. Viewing Comments and Documents 

To view comments and any 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov. Enter the 

docket number, DOT–OST–2015–0246, 

in the keyword box, and click ‘‘Search.’’ 

Next, click the link to ‘‘Open Docket 

Folder’’ and choose the document to 

review. If you do not have access to the 

Internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., E.T., Monday through 

Friday, except Federal holidays. 

VII. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

VIII. Future Committee Meetings 

DOT anticipates that the ACCESS 

Advisory Committee will have five 

additional two-day meetings in 

Washington, DC. The meetings are 

tentatively scheduled for following 

dates: Second meeting, June 14–15; 

third meeting, July 11–12; fourth 

meeting, August 16–17; fifth meeting, 

September 22–23, and the sixth and 

final meeting, October 13–14. Notices of 

all future meetings will be published in 

the Federal Register at least 15 calendar 

days prior to each meeting. 

Notice of this meeting is being 

provided in accordance with the Federal 

Advisory Committee Act and the 

General Services Administration 

regulations covering management of 

Federal advisory committees. 

(41 CFR part 102–3.) 

Issued under the authority of delegation in 

49 CFR 1.27(n). 

Dated: April 27, 2016. 

Kristin Amerling, 

Deputy General Counsel. 

[FR Doc. 2016–10307 Filed 4–29–16; 8:45 am] 

BILLING CODE 4910–9X–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0861; FRL–9945–95– 

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: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

and disapprove 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 proposing to approve 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 

proposing to disapprove 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: Written comments must be 

received on or before June 1, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0861, at http://

www.regulations.gov or via email to 

wiley.adina@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 Ms. Adina Wiley, (214) 665– 

2115, wiley.adina@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/

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the 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: Ms. 

Adina Wiley, (214) 665–2115, 

wiley.adina@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Adina Wiley or 

Mr. Bill Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

A. The CAA and SIPs 

The Act at Section 110(a)(2)(C) 

requires states to develop and submit to 

the EPA for approval into the SIP, 

preconstruction review and permitting 

programs applicable to certain new and 

modified stationary sources of air 

pollutants for attainment/unclassifiable 

and nonattainment areas that cover both 

major and minor new sources and 

modifications, collectively referred to as 

the NSR SIP. The CAA NSR SIP 

program is composed of three separate 

programs: Prevention of Significant 

Deterioration (PSD), Nonattainment 

New Source Review (NNSR), and Minor 

NSR. PSD is established in part C of title 

I of the CAA and applies in areas that 

meet the NAAQS—‘‘attainment areas’’— 

as well as areas where there is 

insufficient information to determine if 

the area meets the NAAQS— 

‘‘unclassifiable areas.’’ The NNSR SIP 

program is established in part D of title 

I of the CAA and applies in areas that 

are not in attainment of the NAAQS— 

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‘‘nonattainment areas.’’ The Minor NSR 

SIP program addresses construction or 

modification activities that do not emit, 

or have the potential to emit, beyond 

certain major source/major modification 

thresholds and thus do not qualify as 

‘‘major’’ and applies regardless of the 

designation of the area in which a 

source is located. Any submitted SIP 

revision must meet the applicable 

requirements for SIP elements in section 

110 of the Act, and be consistent with 

all applicable statutory and regulatory 

requirements. The EPA regulations 

governing the criteria that states must 

satisfy for EPA approval of the NSR 

programs as part of the SIP are 

contained in 40 CFR 51.160 through 

51.166. Regulations specific to Minor 

NSR programs are contained in 40 CFR 

51.160 through 51.164. Texas submitted 

the revisions to the General Definitions 

as revisions to the Texas SIP applicable 

to the entirety of the Texas NSR 

Program. The provisions specific to the 

Qualified Facilities Program have been 

submitted for inclusion in the State’s 

Minor NSR program. 

B. Overview of the Revisions to the 

General Definitions for the Texas NSR 

Program 

The General Definitions germane to 

the implementation of the Texas NSR 

Program are contained in the Texas 

Administrative Code (TAC) at 30 TAC 

Section 116.10. The October 5, 2010, 

submitted revisions include substantive 

revisions to the definition of ‘‘Best 

Available Control Technology (BACT)’’, 

substantive revisions to the definition of 

‘‘modification of existing facility’’, 

deletion of definitions specific to the 

Minor NSR Qualified Facilities Program 

that have been moved to a new section 

for Qualified Facilities definitions, nonsubstantive edits to improve clarity 

throughout the definitions, and 

renumbering of the existing SIPapproved definitions to account for the 

other edits. On March 25, 2011, the 

TCEQ resubmitted the revisions to the 

General Definitions at 30 TAC Section 

116.10 that were submitted on March 

13, 1996; July 22, 1998; September 11, 

2000; September 4, 2002. As such, the 

portions of these prior submittals that 

have not already been addressed by the 

EPA are before us for review. 

C. Overview of the Texas Minor NSR 

Qualified Facilities Program 

The Texas Minor NSR Qualified 

Facilities Program was authorized under 

Texas Senate Bill 1126, 74th Texas 

Legislature, to create a streamlined 

Minor NSR mechanism to authorize 

minor changes at existing facilities that 

are not subject to federal major source 

requirements under PSD or NNSR. The 

program authorizes changes at existing 

permitted facilities by allowing the 

participating facilities to trade permitted 

emission allowables. Changes at 

qualified facilities cannot result in the 

emission of an air contaminant not 

previously emitted, the construction of 

a new facility, a reduction in emission 

control efficiency, a net increase in 

allowable emissions, or any increases in 

actual emissions that exceed applicable 

major source thresholds. 

D. Overview of the Texas Permit 

Renewal Requirements 

Requirements for the renewal of air 

permits issued under 30 TAC Chapter 

116 are provided under 30 TAC Chapter 

116, Division D. The EPA has SIPapproved the majority of this division; 

the exception being the provision in 30 

TAC Section 116.311 exempting 

changes authorized as a qualified 

facility from the requirement to obtain 

a permit renewal. The revisions 

remaining before us pertaining to 

Qualified Facilities were submitted to 

30 TAC Section 116.311 on July 22, 

1998 and September 4, 2002. 

II. The EPA’s Evaluation 

A. Revisions to the General Definitions 

for Texas NSR 

The TCEQ revised the General 

Definitions at 30 TAC Section 116.10 on 

September 5, 2010 and submitted these 

revisions for inclusion in the Texas NSR 

SIP on October 5, 2010. The TCEQ 

submitted a clarification letter to the 

EPA on March 25, 2011, that 

resubmitted prior rulemakings 

addressing the General Definitions at 30 

TAC Section 116.10; specifically the 

rulemakings and records associated 

with SIP submittals dated March 13, 

1996; July 22, 1998; September 11, 2000; 

and September 4, 2002. We note that the 

July 22, 1998 submittal repealed and 

replaced the March 13, 1996 submittal 

of 30 TAC Section 116.10. Therefore, 

the EPA has determined that the March 

13, 1996 revisions to 30 TAC Section 

116.10 are no longer before us for 

review. We are only addressing the 

pieces of the General Definition 

submittals that have yet to be finally 

acted upon by the EPA. 

The EPA has taken several actions 

over the years to approve and 

disapprove specific components of the 

General Definitions into the Texas SIP. 

Our actions are dated August 28, 2007 

(72 FR 49198); April 14, 2010 (75 FR 

19468); and November 17, 2011 (76 FR 

71260). The Technical Support 

Document (TSD) accompanying this 

proposal provides a detailed history of 

our past actions. 

Today’s proposal addresses the 

remaining submitted revisions to the 

General Definitions from July 22, 1998 

through the current version of the 

General Definitions submitted on 

October 5, 2010. The following is a 

summary of the EPA’s evaluation of the 

submitted revisions to the General 

Definitions. 

• On October 5, 2010, the TCEQ 

submitted a substantive revision to the 

definition of ‘‘best available control 

technology (BACT)’’ at 30 TAC Section 

116.10(1). The definition initially 

submitted on July 22, 1998 at 30 TAC 

Section 116.10(3) was disapproved by 

the EPA on September 15, 2010. See 75 

FR 56424. On September 15, 2010, the 

TCEQ substantively revised the 

definition of ‘‘BACT’’ and submitted 

this revised definition for SIP approval 

on October 5, 2010 at 30 TAC Section 

116.10(1). The revised definition of 

BACT at 30 TAC Section 116.10(1) 

clarifies how the TCEQ defines BACT 

for NSR permitting. The Texas SIP at 30 

TAC Section 116.111(a)(2)(C) requires 

that BACT must be evaluated and 

applied to all facilities subject to the 

Texas Clean Air Act. Section 

116.111(a)(2)(C) further clarifies that 

applications subject to PSD 

requirements under Title I Part C of the 

CAA must comply with the provisions 

of BACT as defined in the Texas SIP at 

30 TAC Section 116.160(c)(1)(A). Thus, 

the Texas SIP has two definitions for 

BACT—the definition at 30 TAC Section 

116.10(1) creates what is generally 

referred to as ‘‘Texas BACT’’ and will be 

applied to all Texas NSR permitting 

actions, major and minor. The ‘‘federal 

BACT’’ requirements are applied to PSD 

permits in accordance with the Texas 

PSD SIP. The EPA finds that the 

revisions to the definition of ‘‘BACT’’ at 

30 TAC Section 116.10(1) are 

approvable. 

• On October 5, 2010, the TCEQ 

submitted substantive revisions to the 

NSR definition of ‘‘modification of 

existing facility’’ at 30 TAC Section 

116.10(9). The EPA has approved 

portions of this definition into the Texas 

SIP, but we are proposing to act on the 

remaining components of this definition 

as initially adopted on June 17, 1998 

and submitted July 22, 1998; as further 

revised through submittals dated 

September 11, 2000; September 4, 2002; 

and October 5, 2010. The EPA proposes 

to approve the outstanding provisions in 

the definition of ‘‘modification of 

existing facility’’ at 30 TAC Section 

116.10(9) as submitted on October 5, 

2010, as a portion of the Texas NSR 

program, with the exception of the 

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1Specifically, it exempts ‘‘a change in the method 

of operation of a natural gas processing, treating, or 

compression facility connected to or part of a 

natural gas gathering or transmission pipeline 

which does not result in an annual emission rate 

of any air contaminant in excess of the volume 

emitted at the maximum designed capacity, 

provided that the facility is one for which: (i) 

Construction or operation started on or before 

September 1, 1971, and at which either no 

modification has occurred after September 1, 1971, 

or at which modifications have occurred only under 

Chapter 106 of this title; or (ii) construction started 

after September 1, 1971, and before March 1, 1972, 

and which registered in accordance with TCAA, 

§ 382.060, as that section existed prior to September 

1, 1991.’’ 30 TAC section 116.10(9)(F). 

2Relying on permitted allowable emissions is 

appropriate for a Minor NSR permit program. The 

EPA has approved the Texas Minor NSR program 

as consistent with the federal requirements; 

therefore, the Texas Minor NSR program establishes 

allowable permit limits that are protective of the 

NAAQS and increment consistent with 40 CFR 

51.160–51.164. The trading of these permitted 

allowables will not result in a net increase in 

permitted allowables. 

severable subparagraph (F) as discussed 

below. Each subparagraph provides a 

Minor NSR mechanism by which a 

facility can be changed without a caseby case Minor NSR permit amendment: 

Æ 30 TAC Section 116.10(9)(A) 

provides for the use of permits by rule 

(PBRs) to be used for the insignificant 

increases of already authorized air 

contaminants. The EPA has SIPapproved the Texas PBR program under 

30 TAC Chapter 106 as a component of 

the Texas Minor NSR program. As such, 

we find that use of a PBR for 

insignificant increases for an already 

authorized air contaminant should not 

be considered as part of the 

modification of an existing facility. We 

are proposing approval of this provision 

as initially adopted on June 17, 1998 

and submitted on July 22, 1998; and 

further revised on September 15, 2010 

and submitted on October 5, 2010. 

Æ The current Texas SIP includes the 

definition of ‘‘modification of existing 

facilities’’ at 30 TAC Section 

116.10(11)(C) and (D). On October 5, 

2010, the TCEQ submitted nonsubstantive renumbering of these 

provisions to new 30 TAC Section 

116.10(9)(B) and (C) as adopted on 

September 15, 2010. This nonsubstantive renumbering is approvable. 

Æ 30 TAC Section 116.10(9)(D) 

establishes the criteria for a facility to 

become ‘‘qualified.’’ This definition is 

necessary for the implementation of the 

Texas Minor NSR Qualified Facilities 

Program and is therefore approvable 

under 40 CFR 51.160 as defining the 

scope of the Minor NSR program; 

Æ 30 TAC Section 116.10(9)(E) is 

already SIP-approved with respect to 

flexible permits. See 79 FR 40666, July 

14, 2014. 

Æ 30 TAC Section 116.10(9)(F) 

provides for modifications to be made at 

natural gas processing facilities without 

a case-by case permit.1 On November 

17, 2011, the EPA disapproved the 

subparagraph (G) portion of the 

‘‘modification of existing facility’’ 

definition at 30 TAC Section 116.10(11) 

as submitted on July 22, 1998 and 

further revised on September 4, 2002. 

We previously disapproved 

subparagraph (G) because it was not 

clearly limited to Minor NSR and we 

could not demonstrate whether this 

exemption met the anti-backsliding 

requirements of CAA 110(l). See 76 FR 

71260. The TCEQ resubmitted this 

identical provision in the October 5, 

2010 submittal, renumbered to be 30 

TAC Section 116.10(9)(F), and we are 

reviewing the resubmitted subparagraph 

(F) as a new revision to the Texas SIP. 

The exemption provides that changes at 

certain natural gas processing, treating, 

or compression facilities are not 

modifications if the change does not 

result in an annual emissions rate of any 

air contaminant in excess of the volume 

for grandfathered facilities. The ‘‘annual 

emissions rate’’ is the same as the 

‘‘volume emitted at maximum design 

capacity;’’ therefore, this would provide 

an exemption for those sources from 

permit review for any emission 

increases at these facilities. The 

requirements of 40 CFR 51.160(e) allow 

a state to identify facilities that will be 

subject to review under its Minor NSR 

program and require its Minor NSR SIP 

to discuss the basis for determining 

which facilities will be subject to 

review. The submitted definition at 30 

TAC Section 116.10(9)(F), however, 

does not contain an applicability 

statement or regulatory provision 

limiting this type of change to Minor 

NSR. The TCEQ has not submitted any 

additional evidence to substantiate that 

this provision is only applicable to the 

Texas Minor NSR program. Further, the 

submittal does not include any 

explanation of the basis for exempting 

this type of change from the permitting 

SIP requirements. Without an analysis 

describing how this exemption does not 

negate the Major NSR SIP requirements 

and meets the Minor NSR SIP 

requirements in 40 CFR 51.160 and the 

CAA’s anti-backsliding requirements in 

section 110(l), EPA has no basis to 

approve this exemption. As such, we 

propose to disapprove subparagraph (F) 

consistent with our prior final action. 

• On October 5, 2010, the TCEQ 

submitted a new definition of ‘‘qualified 

facility’’ at 30 TAC Section 116.10(14); 

this definition is necessary for the 

implementation of the Texas Minor NSR 

Qualified Facilities Program and is 

therefore approvable under 40 CFR 

51.160 as defining the scope of the 

Minor NSR program. 

• On October 5, 2010, the TCEQ also 

submitted non-substantive edits to the 

opening paragraph of the General 

Definitions to clarify an acronym and 

renumbering throughout the section of 

the existing SIP-approved definitions: 

‘‘dockside vessel,’’ ‘‘dockside vessel 

emissions,’’ ‘‘facility,’’ ‘‘federally 

enforceable,’’ ‘‘grandfathered facility,’’ 

‘‘lead smelting plant,’’ ‘‘maximum 

allowable emissions rate table 

(MAERT),’’ ‘‘new facility,’’ ‘‘new 

source,’’ ‘‘nonattainment area,’’ ‘‘public 

notice,’’ and ‘‘source’’. These nonsubstantive edits are approvable. 

B. The Texas Minor NSR Qualified 

Facilities Program 

On April 14, 2010, the EPA 

disapproved the Texas Qualified 

Facilities Program as submitted by the 

TCEQ on March 13, 1996; repealed and 

re-adopted on June 17, 1998, submitted 

on July 22, 1998; and revised on 

September 11, 2000 and September 4, 

2002. See 75 FR 19468. In the final 

disapproval the EPA found that the 

Qualified Facilities Program was not 

approvable as a Minor NSR program and 

was not approvable as a substitute Major 

NSR program. 

On October 5, 2010, the TCEQ 

submitted a revised Qualified Facilities 

Program to address the April 14, 2010, 

identified deficiencies. Our evaluation 

demonstrates that the TCEQ has 

appropriately limited the Qualified 

Facilities Program to Minor NSR by 

requiring that each proposed change 

conduct a separate applicability 

determination under PSD and NNSR to 

ensure no federal major source 

permitting requirements are 

circumvented. The Texas Qualified 

Facilities Program enables an existing 

permitted facility to increase allowable 

emissions, provided that another 

permitted facility has a corresponding 

decrease in permit allowable emissions; 

resulting in no net increase in permitted 

emission allowables.2 Each of the 

facilities in the qualified transaction 

will have an existing permit authorized 

under the Texas NSR SIP at 30 TAC 

Chapter 106 (Permits by Rule (PBR)) or 

Chapter 116 (PSD, NNSR, Minor NSR, 

or standard permit). To ensure the 

changes in emission allowables will be 

enforceable, the Texas Qualified 

Facilities Program requires sources to 

document the transaction through the 

submittal of a P1–E form and to revise 

the underlying existing permits under 

the requirements of 30 TAC Section 

116.111 or through a revision to the 

existing PBR registration at 30 TAC 

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3We note that all of the requirements of 30 TAC 

Chapter 106, Subchapter A (which includes 30 TAC 

Section 106.6) and any preconstruction 

requirements under 30 TAC Chapter 116 are 

applicable requirements under the Texas title V 

program at 30 TAC Chapter 122. The EPA is not 

making a change to the approval status of the part 

70 program in Texas; rather we are noting that any 

permit revisions associated with a Qualified 

Facility transaction would also be part of the permit 

record for the source’s title V permit. 

Section 106.6.3 The netting of emission 

allowables will not result in interference 

with attainment and maintenance of the 

NAAQS, reasonable further progress, 

increment or any other requirement of 

the CAA because each of the underlying 

permits, or PBR, was issued as 

protective of air quality. A qualified 

facility change may result in an increase 

in actual emissions, but this increase is 

already authorized under the existing 

permitted allowables. A qualified 

facility cannot be used to authorize the 

emission of a new air contaminant or 

the construction of a new source. 

Further, a qualified facility cannot be 

used to lessen the already required level 

of control technology in the existing 

permits or reduce the permitted 

monitoring and recordkeeping 

requirements. Because the Texas 

Qualified Facilities Program will not 

reduce existing permit requirements nor 

result in a net increase in allowable 

emissions from the existing permitted 

facilities, the EPA proposes to find that 

the program is approvable as a 

component of the Texas Minor NSR 

program for authorizing changes at 

existing facilities without a specific 

permit modification. We are also 

proposing to find that the Qualified 

Facilities Program is an enforceable 

component of the Texas Minor NSR 

program because it requires that the 

existing NSR authorizations for the 

participating facilities are revised to 

document the changes in permitted 

allowable emission rates and sources are 

required to maintain documentation 

quantifying the increases and decreases 

in actual emissions associated with the 

change and all information necessary to 

demonstrate no adverse air quality 

impact. 

C. The Texas Permit Renewal 

Requirements 

The EPA is also reviewing revisions to 

the Permit Renewal Application 

procedures at 30 TAC Section 116.311. 

The TCEQ initially submitted a revision 

on July 22, 1998, at 30 TAC Section 

116.311(a)(1) to specify that changes 

authorized under a qualified facility are 

not subject to the permit renewal 

requirements under 30 TAC Chapter 

116. This provision was renumbered in 

the September 4, 2002 submittal to 30 

TAC Section 116.311(a)(2). Changes 

authorized under the Qualified 

Facilities Program are made enforceable 

by revisions to the underlying Chapter 

116 permits or Chapter 106 PBR 

registration. Because there is not a 

specific permit issued for a Qualified 

Facility transaction, there is no 

‘‘Qualified Facility permit’’ subject to 

permit renewal requirements. Rather, 

the underlying permits under Chapter 

116 remain subject to the permit 

renewal requirements. Note that the 

permit renewal requirements at 30 TAC 

Section 116.311 do not apply to PBRs 

authorized under 30 TAC Chapter 106 

or any portion of the Qualified Facility 

transaction authorized under 30 TAC 

Chapter 106. However, 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. 

Because a change authorized under 

the Qualified Facilities Program does 

not result in a specific permit 

modification, such a change is not 

subject to the permit renewal 

requirements because there is not a 

permit action to renew. However, the 

underlying permit terms remain subject 

to the applicable permit renewal 

requirements. 

D. Evaluation Under Section 110(l) of 

the CAA 

Under Section 110(l), the EPA cannot 

propose to approve a SIP revision that 

has not been developed with reasonable 

notice and public hearing. Nor can we 

propose to approve a revision that will 

worsen air quality. The October 5, 2010, 

submitted revisions to the Texas SIP 

were developed using the Texas SIPapproved process with adequate notice 

and comment procedures. Our analysis 

also indicates that the General 

Definitions, with the exception of the 

portion of ‘‘modification of existing 

facilities’’ pertaining to natural gas 

processing facilities, are necessary to 

implement the CAA required title I 

permitting programs in Texas. As such, 

these General Definitions will support 

the state’s air quality programs and will 

not interfere with attainment, 

reasonable further progress or any other 

applicable requirements of the CAA. 

Additionally, the Minor NSR Qualified 

Facilities Program establishes a 

mechanism to allow modifications at 

existing, permitted facilities to occur 

without a permit revision by requiring 

an increase in permitted emission 

allowables to be offset by a 

corresponding decrease in permitted 

emission allowables at the same facility. 

Because the facilities participating in 

the Qualified Facilities Program have 

been previously authorized under SIPapproved permitted mechanisms, the 

permitted emission allowables have 

been developed such that there is no 

interference with attainment, reasonable 

further progress or any other applicable 

requirement of this chapter. Therefore, 

the EPA proposes to find that approval 

and implementation of the Qualified 

Facilities Program will not result in 

degradation of air quality. 

III. Proposed 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 are proposing to determine 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 proposes to 

approve 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. 

• 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. 

• Revisions to 30 TAC Section 

116.311(a)(2) as adopted by the State on 

June 17, 1998 and submitted on July 22, 

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26184 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules 

1998; and further revised by the 

adoption of August 21, 2002 and the 

submitted on September 4, 2002. 

The EPA’s approval, if finalized, 

would not make federally enforceable 

any Qualified Facility actions that were 

authorized by the State before the EPA’s 

final approval of the Qualified Facilities 

Program is effective. The EPA is also 

proposing, that upon the final approval 

of today’s action, we will amend 40 CFR 

52.2273(b) to reflect that the Texas 

Minor NSR Qualified Facilities Program 

is an approved component of the Texas 

SIP. We also are proposing to delete 40 

CFR 52.2273(d)(1) because the EPA is 

now proposing approval of the general 

definition of BACT. 

We are also proposing to disapprove 

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. The state 

resubmitted the provision on October 5, 

2010, unchanged with the exception of 

numbering 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 

continue to believe that this provision is 

not clearly limited to Minor NSR and 

should be disapproved as inconsistent 

with the requirements of section 110 of 

the Act and the EPA’s regulations under 

40 CFR 51.160 through 51.164 regarding 

Minor NSR. The provision in 

subparagraph (F) in the definition of 

‘‘modification of existing facility’’ that 

we are proposing to disapprove was not 

submitted to meet a mandatory 

requirement of the CAA. Therefore, if 

the EPA takes final action to disapprove 

subparagraph (F), no sanctions or 

Federal Implementation Plan clocks will 

be triggered. See CAA section 179(a). 

At this time the EPA is also proposing 

several unrelated corrections to the 

Texas SIP to accurately reflect recent 

federal final actions. 

• We are proposing to correct 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 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 proposing to 

correct 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 proposing to correct 

this inadvertent omission. 

• Additionally, the EPA is proposing 

to delete 40 CFR 52.2273(d)(4)(viii) 

because of our March 30, 2015 final 

approval. See 80 FR 16573. We are also 

proposing to delete 40 CFR 

52.2273(d)(5)(i) because of our February 

14, 2014 final approval and 40 CFR 

52.2273(d)(5)(ii) because of our April 1, 

2014 final approval. See 79 FR 08861 

and 79 FR 18183, respectively. As a 

result of the proposed deletions to 40 

CFR 52.2273 described here, we will 

also consider renumbering this section 

to improve readability. 

• Finally, we are proposing to clarify 

the SIP status of 30 TAC Section 

116.110(c). This section was returned to 

the TCEQ on June 29, 2011, as it was 

inappropriately submitted for inclusion 

in the Texas SIP. As such, we propose 

to revise 40 CFR 52.2270(c) to specify 

that 30 TAC Section 116.110(c) is not in 

the SIP. 

IV. Incorporation by Reference 

In this action, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

revisions to the Texas regulations as 

described in the Proposed 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 

under 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 proposes to approve 

state permitting provisions that are 

consistent with the CAA and disapprove 

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, any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction, or non-reservation areas of 

Indian country. 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 

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Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules 26185 

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 the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: April 22, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–10225 Filed 4–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0187; FRL–9945–96– 

Region 9] 

Limited Disapproval of Air Plan 

Revisions; Arizona; New Source 

Review; PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a limited 

disapproval of a revision to the Arizona 

Department of Environmental Quality 

(ADEQ) portion of the Arizona State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA or Act). This ADEQsubmitted SIP revision primarily was 

intended to serve as a replacement of 

ADEQ’s SIP-approved rules for the 

issuance of New Source Review (NSR) 

permits for stationary sources, including 

but not limited to the rules governing 

the review and permitting of major 

sources and major modifications under 

the Act. This action concerns only the 

major nonattainment NSR provisions in 

ADEQ’s submittal as they pertain to the 

Nogales and West Central Pinal 

nonattainment areas for particulate 

matter with a diameter of 2.5 

micrometers or less (PM2.5). The EPA 

previously finalized a limited approval 

for these PM2.5 nonattainment areas 

related to certain major nonattainment 

NSR permitting requirements for PM2.5

under the CAA, and is now also 

proposing a limited disapproval to set 

the stage for remedying certain 

deficiencies related to these 

requirements. 

DATES: Comments must arrive by June 1, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2015–0187 at http://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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 the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

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/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Beckham, EPA Region IX, (415) 972– 

3811, beckham.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What did the State submit? 

B. What is the purpose of this proposed 

rule? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the 

submittal? 

B. Does the submittal meet the evaluation 

criteria? 

C. Proposed Action and Public Comment 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What did the State submit? 

On July 28, 2011 and October 29, 

2012, ADEQ submitted revisions to the 

ADEQ portion of the Arizona SIP for 

EPA approval under the CAA. On May 

16, 2014, ADEQ supplemented the July 

28, 2011 submittal. On September 6, 

2013, July 2, 2014, and February 16, 

2015, ADEQ supplemented the October 

29, 2012 submittal. Collectively, these 

submittals generally comprise ADEQ’s 

current program for preconstruction 

review and permitting of new or 

modified stationary sources under 

ADEQ’s jurisdiction in Arizona. On 

November 2, 2015, the EPA finalized a 

limited approval and limited 

disapproval, and other actions, for these 

submittals. See our final rule at 80 FR 

67319 (Nov. 2, 2015) and proposed rule 

at 80 FR 14044 (Mar. 18, 2015). The EPA 

is now taking further action related to 

these submittals. The specific rules that 

were reviewed as part of these 

submittals and our previous action, and 

which are the subject of this action, can 

be found in Table 1 of the preamble to 

our November 2, 2015 final rule (80 FR 

67320). 

The SIP submittals that are the subject 

of this action and our 2015 proposed 

and final rules, referred to herein as the 

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