70354 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations 

Significant Modification of Operating 

Permit,’’ dated and approved May 21, 

2009 including Attachment 1 

‘‘Conditions of Approval Alternative 

Maximum Emission Rate For NOX For 

Two (2) Detroit Diesel Distillate Oil Fuel 

Fired 2–Stroke Diesel Internal 

Combustion Engines, Naval Weapons 

Station Earle.’’ 

[FR Doc. 2011–29174 Filed 11–10–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0978; FRL–9489–9] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

Permit Renewals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the applicable State Implementation 

Plan (SIP) for the State of Texas that 

relate to Permit Renewals. The portions 

of the SIP revisions that EPA is 

approving address the following 

requirements related to Permit 

Renewals: Notification of permit holder, 

permit renewal application, and review 

schedule. EPA finds that these changes 

to the Texas SIP comply with the 

Federal Clean Air Act (the Act or CAA) 

and EPA regulations and are consistent 

with EPA policies. EPA is taking this 

action under section 110 of the Act. 

DATES: This rule is effective on 

December 14, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2010–0978. 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 Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 am and 4:30 pm 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittals are also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: Texas 

Commission on Environmental Quality 

(TCEQ), Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

(214) 665–6762; email address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY

INFORMATION:THROUGHOUT THIS

DOCUMENT WHEREVER ANY REFERENCE TO

‘‘WE,’’ ‘‘US,’’ OR ‘‘OUR’’ IS USED, WE MEAN

EPA. 

Table of Contents 

I. The State’s Submittals 

A. What is the background of the Texas 

Permit Renewals program? 

B. What changes did the State submit? 

II. What action is EPA taking? 

III. EPA’s Evaluation 

A. Section 30 TAC 116.310—Notification 

of Permit Holder 

1. What is the background of 30 TAC 

116.310? 

2. What did Texas submit for 30 TAC 

116.310? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.310? 

B. Section 30 TAC 116.311—Permit 

Renewal Application 

1. What is the background of 30 TAC 

116.311? 

2. What did Texas submit for 30 TAC 

116.311? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.311? 

C. Section 30 TAC 116.314—Review 

Schedule 

1. What is the background of 30 TAC 

116.314? 

2. What did Texas submit for 30 TAC 

116.314? 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.314? 

IV. Response to Comments 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. The State’s Submittals 

A. What is the background of the Texas 

Permit Renewals program? 

In this action, EPA is approving 

revisions to the Texas regulations 

relating to renewal of preconstruction 

permits. The rules for Permit Renewals 

are currently approved in the Texas SIP 

under 30 TAC 116.310, 116.311, 

116.312, 116.313, 116.314, and 116.315. 

EPA approved these rules on March 10, 

2006 (71 FR 12285), and revisions on 

March 20, 2009 (74 FR 11851), and 

March 11, 2010 (75 FR 11464). The 

approved rules require each 

preconstruction permit to be renewed 

every ten years. Permit renewal is 

approved based upon a demonstration 

in the renewal application that the 

permitted facility will operate in 

accordance with all requirements and 

conditions of the existing permit, 

including representations in the 

application to construct, any subsequent 

amendments, any previously granted 

renewal, and the compliance history of 

the facility. Although preconstruction 

permits must remain in effect as long as 

the source operates and until voided 

under the approved implementation 

procedures, periodic renewal of 

preconstruction permits is neither 

required nor prohibited under the Act or 

Federal Regulations. 

B. What changes did the State submit? 

On December 15, 1995; July 22, 1998; 

and September 4, 2002; the State of 

Texas submitted revisions to the Texas 

SIP concerning Permit Renewals under 

Title 30 of the Texas Administrative 

Code (30 TAC), Chapter 116—Control of 

Air Pollution by Permits for New 

Construction or Modification, 

Subchapter D—Permit Renewals. The 

December 15, 1995, revisions to these 

provisions were superseded and 

rendered moot by revisions submitted to 

EPA on July 22, 1998, because the latter 

submittal repealed and replaced the 

earlier versions of the same provisions 

addressed in the December 15, 1995, 

submittal. Submitted revisions included 

changes to 30 TAC 116.310— 

Notification of Permit Holder, 30 TAC 

116.311—Permit Renewal Application, 

30 TAC 116.312—Public Notification 

and Comment Procedures, 30 TAC 

116.313—Renewal Application Fees, 30 

TAC 116.314—Review Schedule, and 30 

TAC 116.315—Permit Renewal 

Submittal. In this final action, we are 

addressing submitted revisions to 30 

TAC 116.310, 116.311, and 116.314. 

Section 30 TAC 116.310—Notification 

of Permit Holder—is currently approved 

as adopted by Texas on August 16, 

1993, approved March 10, 2006 (71 FR 

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1However, EPA is taking no action on submitted 

revisions to 30 TAC 116.311(a)(2). See discussion 

in section III.B.3.c of this preamble for further 

information on why we are taking no action on 30 

TAC 116.311(a)(2). 

12285). Today, we are approving 

revisions to Section 116.310 that were 

adopted by Texas on November 16, 1995 

(submitted December 15, 1995) and June 

17, 1998 (submitted July 22, 1998). 

Section 30 TAC 116.311—Permit 

Renewal Application—is currently 

approved as adopted by Texas on April 

6, 1994, approved March 10, 2006 (71 

FR 12285). The requirements of 

subsection (c) were later removed from 

Section 116.311 and added to a new 

Section 116.315 and approved by EPA 

on March 11, 2010 (75 FR 11464). 

Today, we are approving other revisions 

adopted by Texas on November 16, 1995 

(submitted December 15, 1995); June 17, 

1998 (submitted July 22, 1998); and 

August 21, 2002 (submitted September 

4, 2002). Today’s action does not 

address severable revisions to 30 TAC 

116.311(a)(2) submitted December 15, 

1995; July 22, 1998; and September 4, 

2002. This provision was revised to 

exclude changes under the severable 

provisions relating to Qualified 

Facilities. EPA is not taking action on 

Paragraph (a)(2) in this rulemaking. EPA 

will address the revisions to that 

provision in a separate action in 

connection with the separately 

submitted revisions to the Texas 

Qualified Facilities Program, submitted 

October 5, 2010. 

Section 30 TAC 116.314—Review 

Schedule—is currently approved as 

adopted by Texas on August 16, 1993, 

approved March 10, 2006 (71 FR 12285). 

Today, we are approving revisions 

adopted by Texas on November 16, 1995 

(submitted December 15, 1995) and June 

17, 1998 (submitted July 22, 1998). 

EPA proposed to approve these SIP 

revisions on June 6, 2011 (76 FR 32333). 

In that proposal, we requested public 

comments on the proposed action. The 

public comment period closed July 6, 

2011. We received one comment letter 

from Baker Botts on behalf of the BCCA 

Appeal Group (BCCAAG) and the Texas 

Industry Project (TIP). 

Additional information related to 

these SIP submittals is contained in the 

Technical Support Document (TSD), 

which is in the docket for this action. 

The table below summarizes the 

changes that were submitted and are 

affected by this action. A summary of 

EPA’s evaluation of each section and the 

basis for this final action is discussed in 

section III of this preamble. The TSD 

includes a detailed evaluation of the 

referenced SIP submittals. 

Section Title Date submitted Date adopted by 

the State Comments 

30 TAC 116.310 ............. Notification of Permit 

Holder.

12/15/1995* 

7/22/1998* 

11/16/1995* 

6/17/1998* 

—Non-substantive changes to the section. 

30 TAC 116.311 ............. Permit Renewal Application.12/15/1995* 

7/22/1998* 

11/16/1995* 

6/17/1998* 

—Removed paragraphs (a)(1), (a)(3), and (a)(4) 

and redesignated existing paragraphs (a)(2), 

(a)(5), and (a)(6) to paragraphs (a)(1)—(a)(3), 

respectively. 

........................................ ............................ ............................ —Added new paragraphs (a)(4) and (a)(5). 

........................................ ............................ ............................ —Added new subsection (b). 

—Revised and redesignated existing subsection 

(b) to new subsection (c). 

........................................ 9/4/2002 8/21/2002 —Added new paragraph (a)(1) and redesignated 

existing paragraphs (a)(1)–(a)(5) to paragraphs 

(a)(2)–(a)(6), respectively. 

30 TAC 116.314 ............. Review Schedule ........... 12/15/1995* 

7/22/1998* 

11/16/1995* 

6/17/1998* 

—Revised and reorganized subsection (a) into 

subsections (a) and (b). 

........................................ ............................ ............................ —Revised and redesignated existing subsections 

(b) and (c) to subsections (c) and (d), respectively. 

* Because Texas repealed and resubmitted each section under Subchapter D in its 7/22/1998 submittal, our analysis includes 12/15/95 and 7/ 

22/98 SIP submittal together. 

II. What action is EPA taking? 

We have evaluated the SIP 

submissions for consistency with the 

CAA, NSR regulations for new and 

modified sources in 40 CFR part 51, and 

the approved Texas SIP. We have also 

reviewed the rules for enforceability and 

legal sufficiency. 

This action addresses revisions to 30 

TAC 116.310, 116.311, and 116.314, 

submitted December 15, 1995, and July 

22, 1998, and revisions to 30 TAC 

116.311 submitted September 4, 2002. A 

technical analysis of the submittals for 

the sections relating to Notification of 

Permit Holder, Permit Renewal 

Application, and Review Schedule has 

found that these changes are consistent 

with the CAA, 40 CFR part 51 and EPA 

policies. Therefore, EPA approves the 

revisions to 30 TAC 116.310, 116 .311,1

and 116.314 submitted on December 15, 

1995; July 22, 1998; and September 4, 

2002. 

III. EPA’s Evaluation 

A. Section 30 TAC 116.310— 

Notification of Permit Holder 

1. What is the background of 30 TAC 

116.310? 

The currently approved provisions for 

30 TAC 116.310 were submitted to EPA 

on August 31, 1993. EPA approved the 

submitted revisions on March 10, 2006 

(71 FR 12285). These revisions became 

effective on May 9, 2006. 

2. What did Texas submit for 30 TAC 

116.310? 

Since EPA’s last approval for this 

section, TCEQ has submitted two SIP 

revisions to EPA for the Notification of 

Permit Holder in 30 TAC 116.310 on 

December 15, 1995, and July 22, 1998. 

Today we are approving the revisions of 

the existing provisions of section 

116.310. The revisions submitted to this 

section include updated references to 

the current agency name and update of 

a state statutory citation to the current 

citation. 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.310? 

These submitted revisions are nonsubstantive and do not change the 

underlying requirements of the section 

as currently approved. We are 

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70356 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations 

2The TACB is a predecessor agency to the TCEQ. 

approving the revisions to 30 TAC 

116.310 as submitted December 15, 

1995, and July 22, 1998. 

B. Section 30 TAC 116.311—Permit 

Renewal Application 

1. What is the background of 30 TAC 

116.311? 

The currently approved provisions for 

30 TAC 116.311 were submitted to EPA 

on August 31, 1993, and April 29, 1994. 

EPA approved the submitted revisions 

on March 10, 2006 (71 FR 12285). These 

revisions became effective on May 9, 

2006. 

2. What did Texas submit for 30 TAC 

116.311? 

Since EPA’s last approval for this 

section, TCEQ has submitted three SIP 

revisions to EPA for the Permit Renewal 

Application section on December 15, 

1995; July 22, 1998; and September 4, 

2002. On March 11, 2010, we approved 

the recodification and revision of the 

existing provisions of Section 116.311(c) 

to a new Section 116.315—Permit 

Renewal Submittal. In this action, we 

are approving the remaining revisions as 

described below, except for the 

revisions to 30 TAC 116.311(a)(2). This 

includes the following revisions: 

a. Revisions submitted December 15, 

1995, and July 22, 1998. 

These revisions include: 

• Removal of Paragraphs (a)(1), (a)(3), 

and (a)(4), and the redesignation of 

existing Paragraphs (a)(2), (a)(5), and 

(a)(6) to Paragraphs (a)(1) through (a)(3), 

respectively; 

• Addition of new Paragraphs (a)(4) 

and (a)(5); 

• Addition of new Subsection (b); and 

• Redesignation of existing 

Subsection (b) to Subsection (c) with 

non-substantive revisions. 

b. Revisions submitted September 4, 

2002. 

These revisions include the addition 

of new Paragraph (a)(1) and 

redesignation of existing Paragraphs 

(a)(1) through (a)(4) to Paragraphs (a)(2) 

through (a)(5), respectively. 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.311? 

a. The addition of new Paragraph 

(a)(1). 

Texas submitted Paragraph (a)(1) on 

September 4, 2002. This paragraph 

ensures that upon renewal, ‘‘dockside 

vessel emissions associated with the 

permitted facility will comply with all 

rules and regulations of the commission 

and with the intent of the TCAA, 

including protection of the health and 

property of the public and minimization 

of emissions to the extent possible, 

consistent with good air pollution 

practices.’’ This revision is consistent 

with the provision in the SIP-approved 

30 TAC 116.111(a)(2) as it relates to 

associated dockside vessel emissions. 

See 72 FR 49198 (August 28, 2007). The 

TCEQ obtained the authority to regulate 

dockside emissions under House Bill 

(HB) 3040, 77th Legislature, 2001 which 

amended the Texas Health and Safety 

Code (THSC), Texas Clean Air Act 

(TCAA), § 382.065 (Acts 2001, 77th 

Legislature, Chapter 1166, § 1). See page 

2 of the TCEQ’s evaluation of the 

revisions submitted September 4, 2002. 

The TCEQ further states: 

The commission determined that dockside 

vessels are facilities as defined in TCAA, 

§ 382.003(6), and thus subject to the 

requirements of Chapter 116. These 

emissions will require best available control 

technology (BACT) review, maximum 

allowable emission limitations, monitoring, 

testing, recordkeeping, and ambient air 

impacts review. The emissions originating 

from a dockside vessel that are the result of 

functions performed by onshore facilities or 

using onshore equipment include: loading 

and unloading of liquid bulk materials, 

liquefied gaseous materials, and solid bulk 

materials; cleaning and degassing liquid 

vessel compartments; and abrasive blasting 

and painting. 

See page 4 of the TCEQ’s evaluation of 

the revisions submitted September 4, 

2002. 

Finally, concerning the revision to 30 

TAC 116.311, the TCEQ states: 

The adopted amendment to § 116.311, 

Permit Renewal Application, requires that 

owners or operators submit information that 

demonstrates that dockside emissions 

comply with all commission rules and 

regulations and the intent of the TCAA, 

including protection of the health and 

property of the public and the minimization 

of emissions to the extent practicable, 

consistent with good air pollution control 

practices. Existing dockside emissions will 

be reviewed for off-property effects 

considering magnitude, frequency, and 

duration. 

See page 4 of the TCEQ’s evaluation of 

the revisions submitted September 4, 

2002. The addition of new paragraph 

(a)(1) ensures that permits to construct 

and permit renewals that pre-date 

TCEQ’s rule change to regulate dockside 

emissions at 30 TAC 116.111(a)(2) are 

required at renewal to ensure all 

dockside emissions comply with the 

statute and regulations. We are 

approving the addition of Paragraph 

(a)(1), submitted September 4, 2002. 

b. The removal of existing Paragraph 

(a)(1). 

This paragraph provides that upon 

renewal the emissions from the facility 

will comply with all applicable 

specifications and requirements in the 

Texas Air Control Board (TACB) 2 rules 

and the Texas Clean Air Act (TCAA). 

Texas submitted the removal of existing 

Paragraph (a)(1) on December 15, 1995, 

and July 22, 1998. This provision is 

redundant because the SIP already 

contains the substantive requirement at 

30 TAC 116.115(b)(2)(H)(ii) requiring 

that ‘‘[i]f more than one state or federal 

regulation or permit condition are 

applicable, the most stringent limit or 

condition shall govern and be the 

standard by which compliance shall be 

demonstrated.’’ The SIP also provides 

TCEQ with the authority to re-evaluate 

a source’s ability to comply with the 

statute and regulations at renewal, as 

provided in the existing SIP rule at 30 

TAC 116.311(b), and which is recodified 

to 30 TAC 116.311(c). Because the 

removal of this paragraph is merely the 

removal of a redundant requirement, it 

is not a relaxation of the SIP. Therefore, 

approval of this revision will not 

interfere with attainment and reasonable 

further progress or any other applicable 

federal requirement, as required by 

section 110(l) of the CAA. Accordingly, 

we are approving the removal of 

existing Paragraph (a)(1), submitted 

December 15, 1995, and July 22, 1998. 

c. Revisions to Paragraph (a)(2). 

As currently approved, Paragraph 

(a)(2) provides that upon renewal, a 

facility continues to operate in 

accordance with all requirements and 

conditions of the existing permit, 

including representations in the 

application for permit to construct and 

subsequent amendments, and any 

previously granted renewal. This 

paragraph was revised and redesignated 

to Paragraph (a)(1) in the December 15, 

1995, and July 22, 1998, SIP submittals. 

This paragraph was again redesignated 

to Paragraph (a)(2) in the September 4, 

2002, SIP submittal. The revisions 

submitted December 15, 1995, and July 

22, 1998, as redesignated in the 

September 4, 2002, SIP submittal, were 

revised to add a provision that excludes 

changes otherwise authorized for a 

Qualified Facility. The submitted 

revisions to paragraph (a)(2) are related 

to severable provisions that relate to 

Qualified Facilities that we disapproved 

on April 14, 2010 (75 FR 19468) and to 

the separately submitted revisions to the 

Qualified Facilities Program on October 

5, 2010. We are taking no action on the 

severable submitted revision to 

Paragraph (a)(2) relating to Qualified 

Facilities, and we will address these 

revisions in a separate action on the 

submitted revisions to the Qualified 

Facilities Program. The approved SIP 

will retain currently approved 

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paragraph (a)(2) as adopted by Texas on 

April 4, 1994 (submitted April 29, 

1994), and approved March 10, 2006. 

Accordingly, consistent with our 

proposal, we will take no action on the 

submitted revisions to 30 TAC 

116.311(a)(2). The approved SIP will 

retain the currently approved provisions 

of 30 TAC 116.311(a)(2) as adopted by 

Texas on April 6, 1994, and approved 

by EPA on March 10, 2006, 71 FR 

12285. 

d. The removal of existing Paragraph 

(a)(3). 

This paragraph required that upon 

renewal the facility will continue to 

have appropriate means to measure the 

emission of significant air contaminants 

as determined necessary by the 

Executive Director. Texas submitted the 

removal of Paragraph (a)(3) on 

December 15, 1995, and July 22, 1998. 

In its December 15, 1995, submittal 

Texas stated: 

Existing § 116.311(a)(3) also duplicates a 

requirement applicable to the original permit 

application. An applicant for a permit to 

construct must demonstrate that a facility 

will have provisions for measuring the 

emissions of significant air contaminants, 

including the installation of sampling ports 

and sampling platforms. When necessary, 

such requirements are written as conditions 

of the permit. The renewal review will 

determine whether a facility is in compliance 

with any sampling requirements in its 

permit. * * * [A]n owner/operator could not 

remove sampling ports or platforms in 

violation of permit conditions. 

Further, 30 TAC § 101.9 provides 

independent authority for the TNRCC to 

require sampling ports and platforms when 

necessary. The existing § 116.311(a)(3) was 

redundant and unnecessary. 

See the December 15, 1995, SIP 

submittal at page 5 of the Section 

entitled ‘‘Evaluation of Testimony.’’ 

This provision is redundant because the 

SIP already contains the substantive 

requirement in the rules at 30 TAC 

101.9 and 30 TAC 116.111(a)(2)(B). 

These two SIP rules require the 

following: 

Any person, at the request of the Texas 

Natural Resource Conservation Commission 

(TNRCC or Commission), shall provide in 

connection with each flue a power source 

near the point of testing in addition to such 

sampling and testing facilities and sampling 

ports, including safe and easy access thereto, 

exclusive of instruments and sensing devices, 

as may be necessary for the Commission to 

determine the nature and quality of 

emissions which are or may be discharged as 

a result of source operations. Evidence and 

data based on these samples and calculations 

may be used to substantiate violations of the 

Act, rules, and regulations. Agents of the 

Commission shall be permitted to sample the 

stacks during operating hours. 

30 TAC 101.9. 

(B) Measurement of emissions. The 

proposed facility will have provisions for 

measuring the emission of significant air 

contaminants as determined by the executive 

director. This may include the installation of 

sampling ports on exhaust stacks and 

construction of sampling platforms in 

accordance with guidelines in the ‘‘Texas 

Natural Resource Conservation Commission 

(TNRCC) Sampling Procedures Manual.’’ 

30 TAC 116.111(a)(2)(B). 

Because the removal of this paragraph 

is merely the removal of a redundant 

requirement, it is not a relaxation of the 

SIP. Therefore, approval of this revision 

will not interfere with attainment and 

reasonable further progress or any other 

applicable federal requirement, as 

required by section 110(l) of the CAA. 

Accordingly, we are approving the 

removal of existing Paragraph (a)(3), 

submitted December 15, 1995, and July 

22, 1998. 

e. The removal of existing Paragraph 

(a)(4). 

This paragraph required that upon 

renewal the facility will continue to use 

the control technology determined by 

the Executive Director to be 

economically reasonable and 

technically practicable considering the 

age of the facility and the impact of its 

emissions on the surrounding area. 

Texas submitted the removal of 

Paragraph (a)(4) on December 15, 1995, 

and July 22, 1998. This provision is 

redundant because the SIP already 

provides for this substantive 

requirement at 30 TAC 116.311(a)(2) 

and 30 TAC 116.111(a)(2)(C). Section 30 

TAC 116.311(a)(2) provides that upon 

renewal, the facility is being operated in 

accordance with all requirements and 

conditions of the existing permit, 

including representations in the 

application for permits to construct and 

subsequent amendments, and any 

previously granted renewal. Therefore, 

the SIP-approved requirements 30 TAC 

116.311(a)(2) require that upon renewal, 

a facility will continue to meet the 

requirements of 30 TAC 

116.111(a)(2)(C). This SIP rule requires 

that a proposed facility will utilize Best 

Available Control Technology (BACT), 

with consideration given to technical 

practicability and economic 

reasonableness of reducing or 

eliminating the emissions from the 

facility. Because the removal of 

Paragraph (a)(4) is merely the removal of 

a redundant requirement, it is not a 

relaxation of the SIP. Therefore, 

approval of the removal of 30 TAC 

116.311(a)(4) will not interfere with 

attainment and reasonable further 

progress or any other applicable federal 

requirement, as required by section 

110(l) of the CAA. 

The removal of Paragraph (a)(4) also 

removes a provision that allows director 

discretion relating to the control 

technology that could be utilized at a 

facility following renewal. Further, the 

TCEQ maintains the authority to 

impose, as a condition of renewal, 

additional requirements that it 

determines to be economically 

reasonable and technically practicable 

considering the age of the facility and 

the impact of its emissions on the 

surrounding area, as provided in the 

submitted revisions related to 30 TAC 

116.311(b) (which is evaluated in 

section III.B.3.i of this preamble). 

Accordingly, we are approving the 

removal of existing Paragraph (a)(4), 

submitted December 15, 1995, and July 

22, 1998. 

f. Revisions to currently submitted 

Paragraphs (a)(3) and (a)(4). 

These paragraphs are currently 

approved as Paragraphs (a)(5) and (a)(6). 

These paragraphs require that upon 

renewal, the facility must continue to 

meet the applicable requirements of the 

New Source Performance Standards 

(required under section 111 of the Act 

and 40 CFR part 60) and the National 

Emission Standards for Hazardous Air 

Pollutants (required under section 112 

of the Act and 40 CFR part 61). These 

paragraphs were redesignated to 

Paragraphs (a)(2) and (a)(3) with nonsubstantive changes in revisions 

submitted December 15, 1995, and July 

22, 1998, and were again redesignated to 

Paragraphs (a)(3) and (a)(4) in a revision 

submitted September 4, 2002, with no 

substantive changes. The changes to 

these provisions are non-substantive 

revisions to the existing SIP. 

Accordingly, we are approving the 

redesignations and non-substantive 

changes to these paragraphs as 

submitted December 15, 1995; July 22, 

1998; and September 4, 2002. 

g. Addition of new Paragraph (a)(5). 

This paragraph was submitted as 

Paragraph (a)(4) on July 22, 1998, and 

then redesignated to Paragraph (a)(5), as 

submitted September 4, 2002. This 

paragraph requires that upon renewal, 

the facility must continue to meet the 

applicable requirements of the 

maximum achievable control 

technology standard as listed under 40 

CFR part 63, promulgated by EPA under 

the authority of section 112 of the CAA, 

or as listed under 30 TAC Chapter 113, 

Subchapter C of this title (relating to 

National Emissions Standards for 

Hazardous Air Pollutants for Source 

Categories) (FCAA § 112, 40 CFR part 

63). This paragraph ensures that upon 

renewal the facility continues to meet 

the requirements of the current SIP at 30 

TAC 116.111(a)(2)(F), which requires 

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3Also see the SIP approved rule at 30 TAC 

116.315(c) which provides that a renewal 

application may be submitted at the same time as 

an amendment application to modify an existing 

facility as long as it is submitted no more than three 

years before the permit’s expiration date and the 

amendment is subject to public notice 

requirements. 

permitted facilities to comply with the 

requirements of 40 CFR part 63. 

Accordingly, we are approving the 

addition of Paragraph (a)(5) as 

submitted December 15, 1995; July 22, 

1998; and September 4, 2002. 

h. Addition of new Subsection (b). 

Texas submitted Subsection (b) on 

December 15, 1995, and July 22, 1998. 

This section provides that in addition to 

the requirements in Subsection (a) of 

this section, if the TCEQ determines it 

necessary to avoid a condition of air 

pollution or to ensure compliance with 

otherwise applicable federal or state air 

quality control requirements, then: (1) 

The applicant may be required to 

submit additional information regarding 

the emissions from the facility and their 

impacts on the surrounding area; and (2) 

the TCEQ shall impose as a condition 

for renewal those requirements the 

Executive Director determines to be 

economically reasonable and 

technically practicable considering the 

age of the facility and the impact of its 

emissions on the surrounding area. This 

new subsection provides the Executive 

Director of the TCEQ with authority to 

require additional information and to 

require additional requirements above 

and beyond the requirements stipulated 

in Subsection (a) whenever the 

Executive Director deems such 

additional measures are necessary. EPA 

has already approved Subsection (a) (as 

adopted by the State on April 6, 1994) 

as meeting the requirements of the Act 

and 40 CFR part 51. Because the 

requirements in Subsection (b) are in 

addition to the requirements in 

Subsection (a) of this section, and 

because EPA has approved Subsection 

(a), Subsection (b) can only be used to 

impose additional measures when the 

Executive Director deems them 

necessary. Subsection (b) does not 

authorize the Executive Director to use 

the permit renewal process to relax 

terms and conditions of the existing 

permit. Such relaxations of the existing 

permit must be authorized through the 

SIP-approved procedures for changing a 

permit under 30 TAC Chapter 116, 

Subchapter B—New Source Review 

Permits.3 Further, the addition of 

subsection (b) provides a mechanism to 

ensure that upon renewal, the permit 

continues to meet the approved SIP 

requirements at 30 TAC 

116.111(a)(2)(A)(1) which requires the 

initial permit must ‘‘comply with all 

rules and regulations of the commission 

and with the intent of the TCAA, 

including protection of the health and 

property of the public.’’ The addition of 

Subsection (b) provides TCEQ with a 

mechanism to impose additional 

requirements at renewal when TCEQ 

deems it necessary to address changes 

in air quality or changes to applicable 

federal and state requirements that may 

occur after issuance of the initial permit. 

We therefore find that the submitted 

revision to add Subsection (b) to 30 TAC 

116.311 meets section 110(a)(2)(C) of the 

Act and 40 CFR part 51; and does not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of the Act. 

Accordingly, we are approving the 

addition of the new Subsection (b) to 

the SIP. 

i. Revisions to Subsection (c). 

This provision is currently approved 

as Subsection (b). This subsection 

requires that upon renewal, the facility 

shall continue to meet the requirements 

under the undesignated heading in 

Subchapter B relating to Compliance 

History. This provision was 

redesignated to Subsection (c) with 

revisions, submitted December 15, 1995, 

and July 22, 1998. The submitted 

revisions include changing the citations 

to refer to the Compliance History 

provisions to refer to the SIP-approved 

requirement under 30 TAC 116.120 

through 116.126 under Subchapter B, 

Division 2—Compliance History. The 

changes also include clarifications that 

failure to demonstrate compliance with 

the Compliance History requirements 

shall result in the renewal not being 

granted. It further changes the rule to 

provide that if a contested case hearing 

has not been requested, the Executive 

Director, not the staff, must notify the 

applicant of intent to recommend denial 

of an application for permit renewal if 

the TCEQ finds that violations of the 

compliance history constitute a 

recurring pattern of egregious conduct 

which demonstrates a consistent 

disregard for the regulatory process, 

including failure to make a timely and 

substantial attempt to correct the 

violations. We find that the submitted 

revision meets section 110(a)(2)(C) of 

the Act and 40 CFR part 51. 

Accordingly, we are approving the 

redesignation of Subsection (b) to 

Subsection (c) and the revisions thereto 

as submitted December 15, 1995, and 

July 22, 1998. 

C. Section 30 TAC 116.314—Review 

Schedule 

1. What is the background of 30 TAC 

116.314? 

The currently approved provisions for 

30 TAC 116.314 were submitted to EPA 

on August 31, 1993. EPA approved the 

submitted revisions on March 10, 2006 

(71 FR 12285). These revisions became 

effective on May 9, 2006. 

2. What did Texas submit for 30 TAC 

116.314? 

Since EPA’s last approval for this 

section, TCEQ has submitted two SIP 

revisions to EPA for this section on 

December 15, 1995, and July 22, 1998. 

In this action, we are approving the 

revisions of the existing provisions of 

section 116.314. The revisions 

submitted to this section include the 

following: 

• Reorganization of Subsection (a) 

into Subsections (a) and (b) and 

redesignation of existing Subsections (b) 

and (c) to Subsections (c) and (d). 

• Non-substantive revisions to the 

reorganized Subsections (a) and (b). 

• Revisions to Subsection (c) as 

recodified. 

• Non-substantive revisions to 

Subsection (d) as recodified. 

3. What is EPA’s evaluation of the 

submitted revisions to 30 TAC 116.314? 

The revisions to 30 TAC 116.314 are 

evaluated and addressed as described 

below: 

a. Revisions to Subsections (a) and 

(b). 

The revisions submitted December 15, 

1995, and July 22, 1998, revised and 

reorganized Subsection (a) into 

Subsections (a) and (b). These revisions 

include clarifying amendments which 

streamline and reorganize the 

requirements of Subsections (a) and (b). 

The submitted changes are nonsubstantive. Accordingly, we are 

approving Subsections (a) and (b) as 

submitted December 15, 1995, and 

July 22, 1998. 

b. Revisions to Subsection (c). 

These provisions are currently 

approved as Subsection (b). As 

approved, this subsection provides that 

in the event that the permit holder fails 

to satisfy the requirements for corrective 

action by the deadline specified in the 

report filed by the TCEQ, the applicant 

shall be required to show cause in a 

contested case proceeding why the 

permit should not expire. The 

proceeding will be pursuant to the 

requirements of the Administrative 

Procedure and Texas Register Act, 

Article 6252–13a, V.T.C.S. This 

subsection was recodified to Subsection 

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4See Consent Decree, BCCA Appeal Group v. 

EPA, No. 3–08CV1491–G (N.D. Tex). This Consent 

Decree has been amended to extend the deadline for 

action on 116.311(a)(2) to the date when EPA takes 

final action on the Qualified Facilities submittal 

dated October 5, 2010. 

(c) in the revisions submitted December 

15, 1995, and July 22, 1998. The 

submitted revisions update the agency 

name and the statutory citation relating 

to contested case hearings and referred 

to the contested case hearing provisions 

in 30 TAC Chapters 1, 55, and 80. The 

submitted revision to 30 TAC 116.314(c) 

includes specific cross-references to 30 

TAC Chapters 1, 55, and 80, which 

relate to Purpose of Rules, General 

Provisions; Request for Contested Case 

Hearings; Public Comment; and 

Contested Case Hearings. In contrast, 

the current SIP refers to the Contested 

Case Hearing Process without cross 

references to specific rules relating to 

Contested Case Hearings. Although the 

revision provides references to the 

specific rules relating to Contested Case 

Hearings, the revision does not make 

substantive changes to the requirements 

of the existing SIP. Texas’s use of the 

Contested Hearing Process in this 

context in both the current SIP and the 

submitted revisions is to inform the 

permit applicant of the availability of 

the contested case hearing but does not 

incorporate the specific requirements of 

Chapters 1, 55, and 80 into the SIP. 

Further, the submitted revision to 30 

TAC 116.314(c) meets the requirements 

of section 110(a)(2)(C) of the Act and 40 

CFR part 51, does not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the Act. Accordingly, we 

are approving the revisions to 

Subsection (c) as submitted December 

15, 1995, and July 22, 1998. 

d. Revisions to Subsection (d). 

These provisions are currently 

approved as Subsection (c) and relate to 

the effective date of the existing permit. 

This subsection was revised and 

recodified to Subsection (d) in revisions 

submitted December 15, 1995, and July 

22, 1998. These revisions include 

clarifying amendments which 

streamline the requirements relating to 

Permit Renewals. The submitted 

changes are non-substantive. 

Accordingly, we are approving the 

revision to Subsection (d) as submitted 

December 15, 1995, and July 22, 1998. 

IV. Response to Comments 

EPA received one comment letter 

submitted jointly by the BCCA Appeal 

Group (BCCA) and Texas Industry 

Project (TIP). 

The commenters agreed with EPA’s 

proposed approval of 30 TAC 116.310, 

116.311, and 116.314 because approval 

of these provisions will enhance the 

Texas SIP. 

We appreciate the commenters’ 

support for our approval of these Texas 

Permit Renewals provisions. 

The commenters asked EPA to fully 

approve all of the revisions to 30 TAC 

116.311 on the basis that deferral would 

be inappropriate in light of the SIP 

approvability of Section 116.311 as a 

whole and EPA’s commitment to act on 

the revisions to it by October 31, 2011.4

The commenters contend that the 

language at issue in section 

116.311(a)(2) addresses only a 

requirement for the contents of a permit 

renewal application, and it does not 

independently bring the Qualified 

Facilities Program into the SIP. Further, 

the commenters assert that requiring 

applicants to show satisfaction of state 

requirements that are not yet SIPapproved does not render the provision 

unapprovable. So, rather than deferring 

action on section 116.311(a)(2) to 

coincide with a longer schedule for 

action on the revised Qualified 

Facilities Program, the commenters 

suggest that EPA should act now to 

approve section 116.311(a)(2). 

EPA disagrees with the commenters 

that the revisions to 116.311(a)(2) are 

approvable at this time. The language of 

the revisions exempts renewal 

applicants from complying with 

requirements of the existing SIPapproved permit if the source is 

authorized as a Qualified Facility. On 

April 14, 2010, EPA disapproved the 

Qualified Facilities Program (75 FR 

19468). On October 5, 2010, Texas 

submitted revisions to the Qualified 

Facilities Program in an effort to address 

EPA’s concerns noted in our 

disapproval action. However, EPA has 

not had the opportunity to review and 

take action on these revisions yet, so the 

Qualified Facilities Program is not a part 

of the approved SIP at this time. We 

disagree with the commenters’ 

contention that allowing applicants to 

show satisfaction of state requirements 

that are not yet SIP-approved, in lieu of 

compliance with SIP-approved 

requirements, renders the provision 

approvable. The submitted revisions to 

30 TAC 116.311(a)(2) exempt sources 

from compliance with permit terms and 

conditions on the basis that the source 

has state-only authorization under the 

non-federally approved Qualified 

Facilities Program. At this time, EPA is 

taking no action on the submitted 

revision to 30 TAC 116.311(a)(2). We 

will take action on the revision to 30 

TAC 116.311(a)(2) when we take action 

on the October 5, 2010, submitted 

revisions to the Qualified Facilities 

Program. 

Finally, commenters urge EPA to act 

on the proposed SIP approval on the 

basis that prompt SIP approvals 

improve regulatory transparency and 

certainty. Commenters state that 

divergence between the requirements of 

state law and the SIP can cause 

confusion over the applicable 

requirements and increase the costs of 

compliance. 

We agree that action on SIP submittals 

increases certainty for the regulated 

community because final action by EPA 

clarifies whether rules submitted by a 

state for inclusion in the SIP are 

sufficient to meet federal requirements 

and are federally enforceable. However, 

we note that approvability of an 

individual SIP submittal turns on 

whether the submittal complies with the 

CAA and applicable federal regulations. 

EPA must evaluate each SIP submittal 

on its own merits and determine what 

action to take under CAA section 110(k). 

V. Final Action 

Today, EPA is approving the 

following revisions to the Texas SIP: 

• Revisions to 30 TAC 116.310— 

Notification of Permit Holder— 

submitted December 15, 1995, and July 

22, 1998. 

• Revisions to 30 TAC 116.311— 

Permit Renewal Application—submitted 

December 15, 1995; July 22, 1998; and 

September 4, 2002; as follows: 

Æ Addition of new Paragraph (a)(1); 

Æ Removal of existing Paragraphs 

(a)(1), (a)(3), and (a)(4); 

Æ Revisions to and redesignation of 

existing Paragraphs (a)(5) and (a)(6) to 

Paragraphs (a)(3) and (a)(4), 

respectively; 

Æ Addition of new Paragraph (a)(5); 

Æ Addition of new Subsection (b); 

and 

Æ Revisions to and redesignation of 

existing Subsection (b) to Subsection (c). 

• Revisions to 30 TAC 116.314— 

Review Schedule—submitted December 

15, 1995, and July 22, 1998, as follows: 

Æ Revisions to and reorganization of 

existing Subsection (a) to Subsections 

(a) and (b); and 

Æ Revisions to and redesignation of 

existing Subsections (b) and (c) to 

Subsections (c) and (d), respectively. 

Much of this SIP revision re-organizes 

and makes non-substantive changes to 

the Texas renewals program. This 

revision also revises the SIP by adding 

a requirement to ensure that permits 

that pre-date TCEQ’s rule change to 

regulate dockside emissions are 

required at renewal to ensure all 

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70360 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations 

dockside emissions comply with the 

statute and regulations. The revision 

also removed the following three 

requirements from the renewals process: 

(1) Upon renewal the emissions from 

the facility will comply with all 

applicable specifications and 

requirements in the Texas Air Control 

Board (TACB) rules and the Texas Clean 

Air Act (TCAA); (2) upon renewal the 

facility will continue to have 

appropriate means to measure the 

emission of significant air contaminants 

as determined necessary by the 

Executive Director; and (3) upon 

renewal the facility will continue to use 

the control technology determined by 

the Executive Director to be 

economically reasonable and 

technically practicable considering the 

age of the facility and the impact of its 

emissions on the surrounding area. The 

removal of these provisions is 

approvable because these requirements 

are provided elsewhere in the Texas 

SIP; and therefore, their deletion will 

not interfere with attainment and 

reasonable further progress of the 

NAAQS or any other applicable 

requirement, as required by section 

110(l) of the CAA. 

Final action on these revisions on or 

before October 31, 2011, will meet 

EPA’s obligation on the Permit 

Renewals component of the May 21, 

2009, Consent Decree between EPA and 

the Business Coalition for Clean Air 

Appeal Group, Texas Association of 

Business, and Texas Oil and Gas 

Association. 

EPA will address the severable 

revisions to 30 TAC 116.311(a)(2) 

submitted December 15, 1995; July 22, 

1998; and September 4, 2002, in a 

separate action. While we are processing 

our separate action on the revisions to 

Paragraph (a)(2), we are retaining the 

currently approved provisions of 

paragraph (a)(2) in the SIP as adopted by 

Texas on April 6, 1994, approved March 

10, 2006 (71 FR 12285). 

VI. 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. See 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 notice merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this final action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

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

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 13, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 31, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

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

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

116, Subchapter D, by revising the 

entries for Sections 116.310, 116.311, 

and 116.314, to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

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Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations 70361 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject State approval/ 

submittal date EPA approval date Explanation 

* * * * * * * * * 

Chapter 116—Control of Air Pollution by Permits for New Construction and Modifications 

* * * * * * * * * 

Subchapter D—Permit Renewals 

Section 116.310 ...... Notification of Permit Holder.6/17/1998 11/14/2011, [Insert FR page number 

where document begins].

Section 116.311 ...... Permit Renewal 

Application.

8/21/2002 11/14/2011, [Insert FR page number 

where document begins].

—Paragraph (a)(2) is in the SIP as 

adopted by the State on 4/6/1994, 

and approved by EPA on 3/10/2006, 

71 FR 12285. 

—Paragraph 116.311(a)(6) is not in 

the SIP. 

* * * * * * * * * 

Section 116.314 ...... Review Schedule .. 6/17/1998 11/14/2011, [Insert FR page number 

where document begins].

* * * * * * * * * 

[FR Doc. 2011–29179 Filed 11–10–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0839; FRL–9489–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of the Indianapolis Area 

to Attainment of the 1997 Annual 

Standard for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of adverse 

comments, EPA is withdrawing the 

September 27, 2011 (76 FR 59512), 

direct final rule approving Indiana’s 

request to redesignate the Indianapolis, 

Indiana nonattainment area (Hamilton, 

Hendricks, Johnson, Marion, and 

Morgan Counties) to attainment for the 

1997 annual National Ambient Air 

Quality Standard for fine particulate 

matter (PM2.5). In the direct final rule, 

EPA stated that if adverse comments 

were received by October 27, 2011, the 

rule would be withdrawn and not take 

effect. EPA has received adverse 

comments from three commenters and, 

therefore, is withdrawing the direct final 

rule. EPA will address the comments in 

a subsequent final action based upon 

the proposed action, also published on 

September 27, 2011 (76 FR 59599). EPA 

will not institute a second comment 

period on this action. 

DATES: The direct final rule published at 

76 FR 59512 on September 27, 2011, is 

withdrawn as of November 14, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

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

Dated: November 2, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52–-[AMENDED] 

Accordingly, the amendment to 40 

CFR 52.776 published in the Federal 

Register on September 27, 2011 (76 FR 

59512) on page 59526 is withdrawn as 

of November 14, 2011. 

PART 81–-[AMENDED] 

Accordingly, the amendment to 40 

CFR 81.315 published in the Federal 

Register on September 27, 2011 (76 FR 

59512) on page 59526 is withdrawn as 

of November 14, 2011. 

[FR Doc. 2011–29177 Filed 11–10–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

Methyl Mercaptan; Toxic Chemicals 

Release Reporting; Community Rightto-Know; Stay of Reporting 

Requirements 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 300 to 399, revised as 

of July 1, 2011, on page 496, in § 372.65, 

under the editorial note, an effective 

date note is added to read as follows: 

Effective Date Note: At 59 FR 43050, Aug. 

22, 1994, in § 372.65, in paragraph (a), the 

methyl mercaptan entry and in paragraph (b), 

the entry for CAS No. 74–93–1 were stayed 

indefinitely. 

[FR Doc. 2011–29381 Filed 11–10–11; 8:45 am] 

BILLING CODE 1505–01–D 

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