Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); Permit Renewals, 32333-32340 [2011-13872]
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules
Dated: May 31, 2011.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2011–13907 Filed 6–3–11; 8:45 am]
BILLING CODE 4160–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0379; FRL–9314–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revision to the
Inspection and Maintenance (I/M)
Program—Quality Assurance Protocol
for the Safety Inspection Program in
Non-I/M Counties
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Pennsylvania for the
purpose of changing the quality
assurance program for its motor vehicle
inspection and maintenance program
(I/M program). Specifically, the
Commonwealth is amending a provision
of its prior SIP-approved I/M program to
amend the duration of the timing of
quality assurance audits performed by
the Pennsylvania Department of
Transportation (PENNDOT) as part of
their program oversight. The
amendment allows for these audits to be
conducted within five days of vehicle
inspection, instead of the two day
window allowed under the prior
approved SIP. In the Final Rules section
of this Federal Register, EPA is
approving the Commonwealth’s SIP
submittal as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
DATES: Comments must be received in
writing by July 6, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
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R03–OAR–2011–0379 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0379,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0379. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
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is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by
e-mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: For
further information, please see the
information provided in the direct final
action, with the same title, that is
located in the Rules and Regulations
section of this Federal Register
publication.
Dated: May 18, 2011.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2011–13879 Filed 6–3–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0978; FRL–9315–3]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the New Source Review
(NSR) State Implementation Plan (SIP);
Permit Renewals
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the applicable State
Implementation Plan (SIP) for the State
of Texas that relate to the Permit
Renewals. These portions of the SIP
revisions proposed for approval 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
proposing this action under section 110
of the Act.
DATES: Comments must be received on
or before July 6, 2011.
SUMMARY:
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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Proposed Rules
Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2010–0978 by one of the following
methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
(2) E-mail: Mr. Stanley M. Spruiell at
spruiell.stanley@epa.gov.
(3) U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
(4) Fax: Mr. Stanley M. Spruiell, Air
Permits Section (6PD–R), at fax number
214–665–6762.
(5) Mail: Mr. Stanley M. Spruiell, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
(6) Hand or Courier Delivery: Mr.
Stanley M. Spruiell, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2010–
0978. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at http//
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means that EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through https://www.regulations.gov
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
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comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
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 a.m. and 4:30 p.m.
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, which are part
of the EPA docket, are also available for
public inspection at the State Air
Agency 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; e-mail 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 renewal program?
B. What changes did the State submit?
II. What action is EPA proposing to take?
III. EPA’s Evaluation
A. Section 30 TAC 116.310—Notification
of Permit Holder
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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. Proposed Action
V. Statutory and Executive Order Reviews
I. The State’s Submittals
A. What is the background of the Texas
permit renewal program?
In this action, EPA is proposing to
approve 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, and 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
State Implementation Plan (SIP)
concerning the 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
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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 proposed 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
12285). Today, we propose to approve
revisions adopted by Texas on
Section
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
30 TAC 116.311 and added to Section
116.315 and approved by EPA on March
11, 2010, 75 FR 11464. Today, we
propose to approve 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 proposed 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 will review these
Title
Date submitted
32335
revisions to 30 TAC 116.311(a)(2) in
connection with separately submitted
revisions to 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 propose to approve revisions
adopted by Texas on November 16, 1995
(submitted December 15, 1995) and June
17, 1998 (submitted July 22, 1998).
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 proposal is discussed in
section III of this preamble. The TSD
includes a detailed evaluation of the
referenced SIP submittals.
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
9/4/2002
8/21/2002
—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).
—Added new paragraph (a)(1) and redesignated
existing paragraphs (a)(1)–(a)(5) to paragraphs
(a)(2)–(a)(6), respectively.
*12/15/1995
*7/22/1998
*11/16/1995
*6/17/1998
30 TAC 116.314 .............
Review Schedule ...........
—Revised and reorganized subsection (a) into
subsections (a) and (b) and revisions to these
subsections.
—Revised and redesignated existing subsections
(b) and (c) to subsections (c) and (d), respectively.
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* 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 proposing to
take?
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. On March 10, 2006,
EPA approved revisions to 30 TAC,
Chapter 116—Control of Air Pollution
by Permits for New Construction or
Modification, Subchapter D—Permit
Renewals, Sections 116.310, 116.311,
116.312, 116.313, and 116.314. On
March 11, 2010 (75 FR 11464), EPA
approved the removal of subsection (c)
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from 30 TAC 116.311 and added those
provisions to 30 TAC 116.315. Section
30 TAC 116.312 relates to public
participation and is severable from the
remaining rules (see 75 FR 68291,
68294). We will address the
requirements for public participation in
a separate action when we act on the
Texas rules relating to public
participation, submitted July 12, 2010.
Under the CAA, EPA’s statutory
deadline to act on the revised public
participation rules is January 12, 2012.
The revisions to 30 TAC 116.313 were
approved in a separate action on March
20, 2009 (74 FR 11851). The revisions to
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116.315 were approved in a separate
action on March 11, 2010 (75 FR 11464).
This proposed 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 Permit Renewal
Application and Permit Renewal
Submittal sections has found that these
changes are consistent with the CAA, 40
CFR Part 51 and EPA policies.
Therefore, EPA proposes to approve the
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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.
In this proposed action, we are
proposing to approve 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 propose to
approve 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
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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
1 Except for 30 TAC 116.311(a)(2). See discussion
in section III.B of this preamble for further
information on these provisions.
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existing provisions of section 116.311(c)
to a new section 116.315—Permit
Renewal Submittal. In this proposed
action, we are addressing the remaining
revisions as described below, except for
the revisions to 30 TAC 116.311(a)(2)
and (a)(6). 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)(5) to paragraphs (a)(2)
through (a)(6), 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
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functions performed by onshore facilities or
using onshore equipment include: Loading
and unloading of liquid bulk materials,
liquified 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 propose to
approve 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. EPA believes 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), which is recodified to
30 TAC 116.311(c) in this proposal.
Because the proposed removal of this
paragraph merely is the removal of a
redundant requirement, it is not a
relaxation of the SIP. Therefore,
2 The
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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 propose to approve 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,
facility is being operated 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 19467) and to
the separately submitted revisions to the
Qualified Facilities Program on October
5, 2010. We propose to take 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
paragraph (a)(2) as adopted by Texas on
April 4, 1994 (submitted April 29,
1994), and approved March 10, 2006.
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
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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.’’ EPA
believes 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
proposed removal of this paragraph
merely is 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 propose to approve 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.
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Texas submitted the removal of
paragraph (a)(4) on December 15, 1995,
and July 22, 1998. EPA believes that 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 proposed removal
of paragraph (a)(4) merely is 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 propose to approve 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
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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. These changes are
non-substantive revisions to the existing
SIP. Accordingly, we propose to
approve the redesignations and nonsubstantive 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 recodified 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 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
permitted facilities to comply with the
requirements of 40 CFR part 63.
Accordingly, we propose to approve 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
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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 116, Chapter 116,
Subchapter B—New Source Review
Permits.3 Further, the addition of
subparagraph (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 propose to approve 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. Accordingly, we propose to
approve the redesignation of subsection
(b) to subsection (c) and the revisions
thereto as submitted December 15, 1995,
and July 22, 1998.
3 Also 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.
3. What is EPA’s evaluation of the
submitted revisions to 30 TAC 116.314?
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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 proposing to
approve 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.
The revisions to 30 TAC 116.314 are
evaluated and addressed in this
proposed action as described below:
a. Revisions to subsections (a) and (b).
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The revisions submitted 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 non-substantive.
Accordingly, we propose to approve
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
(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
Contest 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,
EPA proposes to approve the revisions
to subsection (c) as submitted December
15, 1995, and July 22, 1998.
d. Revisions to subsection (d).
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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 propose to approve the
revision to subsection (d) as submitted
December 15, 1995, and July 22, 1998.
IV. Proposed Action
Today, EPA proposes to approve 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 The revisions to and
reorganization of existing subsection (a)
to subsections (a) and (b); and
Æ The revisions to and
redesignation of existing subsections (b)
and (c) to subsections (c) and (d).
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
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
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32339
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. We
believe that 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 proposes to take no action on the
following revisions to 30 TAC 116.311,
December 15, 1995; July 22, 1998; and
September 4, 2002:
• Severable revisions to paragraph
(a)(2), which relate to the Qualified
Facilities Program. Today, we propose
to retain 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).
We will address the revisions to
paragraph (a)(2) in connection with a
separate SIP submittal that revises the
Qualified Facilities Program, submitted
October 5, 2010. EPA disapproved
Texas Qualified Facilities Program on
April 14, 2010 (75 FR 19467). Under the
CAA, EPA’s statutory deadline to take
action on the revised Qualified
Facilities Program is April 5, 2012.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 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
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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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.
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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: May 20, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011–13872 Filed 6–3–11; 8:45 am]
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GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 301–11, 302–2, 302–3,
and 302–17
[FTR Case 2009–307; Docket 2009–0013;
Sequence 1]
RIN 3090–AI95
Federal Travel Regulation; Temporary
Duty (TDY) Travel Allowances (Taxes);
Relocation Allowances (Taxes)
Office of Governmentwide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
GSA is proposing to amend
the Federal Travel Regulation (FTR) by
incorporating recommendations of the
Governmentwide Relocation Advisory
Board (GRAB) concerning calculation of
reimbursements for taxes on relocation
expenses. In addition, this proposed
rule alters the process for calculating
reimbursements for taxes on extended
temporary duty (TDY) benefits to correct
errors and to align that process with the
proposed changes to the relocation
income tax process.
DATES: Interested parties should submit
comments in writing on or before
August 5, 2011 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FTR case 2009–307 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘FTR
Case 2009–307’’ under the heading
‘‘Comment or Submission.’’ Select the
link ‘‘Send a Comment or Submission’’
that corresponds with FTR Case 2009–
307. Follow the instructions provided to
complete the ‘‘Public Comment and
Submission Form.’’ Please include your
name, company name (if any), and ‘‘FTR
Case 2009–307’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1275 First Street, NE., Room
783E, ATTN: Hada Flowers,
Washington, DC 20417.
Instructions: Please submit comments
only and cite FTR case 2009–307 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: The
General Services Administration,
Regulatory Secretariat (MVCB), 1275
SUMMARY:
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First Street, NE., Washington, DC 20417,
(202) 501–4755, for information
pertaining to status or publication
schedules. For clarification of content,
contact Mr. Ed Davis, Office of
Governmentwide Policy (MT), General
Services Administration, at (202) 208–
7638 or e-mail at ed.davis@gsa.gov.
Please cite FTR case 2009–307.
SUPPLEMENTARY INFORMATION:
A. Request for Input on the Final
Effective Date
GSA recognizes that implementing
the final rule that will result from this
proposed rule will be challenging and
time-consuming, both for Federal
agencies and software providers. To
help set a final effective date that allows
adequate time to implement the final
rule, GSA requests comments from
affected parties on how much time they
will need to change their systems and
processes to implement the eventual
final rule.
B. Background
The GSA Office of Governmentwide
Policy seeks to incorporate best
practices from Federal agencies and the
private sector into the policies that GSA
issues. To this end, GSA created the
GRAB, consisting of Government and
private industry relocation experts, to
examine Government relocation policy.
The GRAB was chartered under the
Federal Advisory Committee Act on July
9, 2004, and it submitted its ‘‘Findings
and Recommendations’’ on September
15, 2005. The GRAB ‘‘Findings and
Recommendations’’ and corresponding
documents may be accessed at GSA’s
Web site at https://www.gsa.gov/grab.
The GRAB made a number of
recommendations with regard to taxes,
and GSA has developed this proposed
rule in response to those
recommendations.
GSA has worked with the Executive
Relocation Steering Committee (ERSC),
an interagency group chartered by GSA,
to analyze the GRAB recommendations
regarding taxes. The first product of the
analysis by the ERSC was a set of four
principles:
• ‘‘Substantially all’’—Federal
agencies are required by 5 U.S.C. 5724b
to reimburse ‘‘substantially all’’ of the
additional income taxes incurred by
employees as a result of relocation and
to reimburse ‘‘all’’ of the taxes imposed
on any reimbursement for taxes.
• Fair and equitable—In personnel
matters, the Government seeks to treat
all employees fairly and equitably. A
key piece of this is transparency.
Everyone must be able to see and
understand how the benefits are being
computed. Another key piece is seeking
E:\FR\FM\06JNP1.SGM
06JNP1
]]>Agencies
[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Proposed Rules]
[Pages 32333-32340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13872]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0978; FRL-9315-3]
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the applicable State
Implementation Plan (SIP) for the State of Texas that relate to the
Permit Renewals. These portions of the SIP revisions proposed for
approval 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 proposing this action under
section 110 of the Act.
DATES: Comments must be received on or before July 6, 2011.
[[Page 32334]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0978 by one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
(2) E-mail: Mr. Stanley M. Spruiell at spruiell.stanley@epa.gov.
(3) U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
(4) Fax: Mr. Stanley M. Spruiell, Air Permits Section (6PD-R), at
fax number 214-665-6762.
(5) Mail: Mr. Stanley M. Spruiell, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(6) Hand or Courier Delivery: Mr. Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0978. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http//www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means that EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an e-mail comment directly to EPA without going through
https://www.regulations.gov your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://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 a.m. and 4:30
p.m. 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, which are part of the EPA docket, are also
available for public inspection at the State Air Agency 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; e-mail 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 renewal program?
B. What changes did the State submit?
II. What action is EPA proposing to take?
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. Proposed Action
V. Statutory and Executive Order Reviews
I. The State's Submittals
A. What is the background of the Texas permit renewal program?
In this action, EPA is proposing to approve 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, and
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 State Implementation
Plan (SIP) concerning the 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
[[Page 32335]]
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 proposed 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 12285). Today, we propose to approve revisions 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 30 TAC 116.311 and added to Section 116.315 and approved by EPA on
March 11, 2010, 75 FR 11464. Today, we propose to approve 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 proposed 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 will review these revisions to 30 TAC 116.311(a)(2) in
connection with separately submitted revisions to 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 propose to approve revisions adopted by Texas on
November 16, 1995 (submitted December 15, 1995) and June 17, 1998
(submitted July 22, 1998).
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 proposal is discussed in section III of this
preamble. The TSD includes a detailed evaluation of the referenced SIP
submittals.
----------------------------------------------------------------------------------------------------------------
Date adopted by
Section Title Date submitted the State Comments
----------------------------------------------------------------------------------------------------------------
30 TAC 116.310................. Notification of *12/15/1995 *11/16/1995 --Non-substantive
Permit Holder. *7/22/1998 *6/17/1998 changes to the
section.
----------------------------------------------------------------------------------------------------------------
30 TAC 116.311................. Permit Renewal *12/15/1995 *11/16/1995 --Removed paragraphs
Application. *7/22/1998 *6/17/1998 (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 *11/16/1995 --Revised and
*7/22/1998 *6/17/1998 reorganized subsection
(a) into subsections
(a) and (b) and
revisions to these
subsections.
................ ................ --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 proposing to take?
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. On March 10, 2006, EPA approved revisions to 30
TAC, Chapter 116--Control of Air Pollution by Permits for New
Construction or Modification, Subchapter D--Permit Renewals, Sections
116.310, 116.311, 116.312, 116.313, and 116.314. On March 11, 2010 (75
FR 11464), EPA approved the removal of subsection (c) from 30 TAC
116.311 and added those provisions to 30 TAC 116.315. Section 30 TAC
116.312 relates to public participation and is severable from the
remaining rules (see 75 FR 68291, 68294). We will address the
requirements for public participation in a separate action when we act
on the Texas rules relating to public participation, submitted July 12,
2010. Under the CAA, EPA's statutory deadline to act on the revised
public participation rules is January 12, 2012. The revisions to 30 TAC
116.313 were approved in a separate action on March 20, 2009 (74 FR
11851). The revisions to 116.315 were approved in a separate action on
March 11, 2010 (75 FR 11464).
This proposed 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 Permit Renewal Application
and Permit Renewal Submittal sections has found that these changes are
consistent with the CAA, 40 CFR Part 51 and EPA policies. Therefore,
EPA proposes to approve the
[[Page 32336]]
revisions to 30 TAC 116.310, 116 .311,\1\ and 116.314 submitted on
December 15, 1995; July 22, 1998; and September 4, 2002.
---------------------------------------------------------------------------
\1\ Except for 30 TAC 116.311(a)(2). See discussion in section
III.B of this preamble for further information on these provisions.
---------------------------------------------------------------------------
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. In this proposed
action, we are proposing to approve 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 non-substantive and do not change the
underlying requirements of the section as currently approved. We
propose to approve 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 proposed action, we are addressing the
remaining revisions as described below, except for the revisions to 30
TAC 116.311(a)(2) and (a)(6). 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)(5) to
paragraphs (a)(2) through (a)(6), 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), Sec.
382.065 (Acts 2001, 77th Legislature, Chapter 1166, Sec. 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, Sec. 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, liquified 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 Sec. 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 propose to approve 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. EPA believes
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), which is recodified to 30
TAC 116.311(c) in this proposal. Because the proposed removal of this
paragraph merely is the removal of a redundant requirement, it is not a
relaxation of the SIP. Therefore,
[[Page 32337]]
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
propose to approve the removal of existing paragraph (a)(1), submitted
December 15, 1995, and July 22, 1998.
---------------------------------------------------------------------------
\2\ The TACB is a predecessor agency to the TCEQ.
---------------------------------------------------------------------------
c. Revisions to paragraph (a)(2).
As currently approved, paragraph (a)(2) provides that upon renewal,
facility is being operated 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 19467) and to the separately submitted revisions to the
Qualified Facilities Program on October 5, 2010. We propose to take 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 paragraph
(a)(2) as adopted by Texas on April 4, 1994 (submitted April 29, 1994),
and approved March 10, 2006.
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 Sec. 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 Sec. 101.9 provides independent authority for
the TNRCC to require sampling ports and platforms when necessary.
The existing Sec. 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.'' EPA believes 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 proposed removal of this paragraph
merely is 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 propose to approve 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. EPA believes that 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
proposed removal of paragraph (a)(4) merely is 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
propose to approve 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
[[Page 32338]]
paragraphs were redesignated to paragraphs (a)(2) and (a)(3) with non-
substantive 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.
These changes are non-substantive revisions to the existing SIP.
Accordingly, we propose to approve 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 recodified 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 Sec. 112, 40 CFR 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 permitted
facilities to comply with the requirements of 40 CFR part 63.
Accordingly, we propose to approve 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 116, Chapter 116, Subchapter B--New
Source Review Permits.\3\ Further, the addition of subparagraph (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 propose to approve the addition
of the new subsection (b) to the SIP.
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\3\ Also 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.
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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.
Accordingly, we propose to approve 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 proposing to approve 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 in this
proposed action as described below:
a. Revisions to subsections (a) and (b).
[[Page 32339]]
The revisions submitted 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 non-substantive.
Accordingly, we propose to approve 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 (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 Contest 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, EPA proposes to approve 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 propose to approve the revision to subsection (d) as
submitted December 15, 1995, and July 22, 1998.
IV. Proposed Action
Today, EPA proposes to approve 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:
[cir] Addition of new paragraph (a)(1);
[cir] Removal of existing paragraphs (a)(1), (a)(3), and (a)(4);
[cir] Revisions to and redesignation of existing paragraphs (a)(5)
and (a)(6) to paragraphs (a)(3) and (a)(4), respectively;
[cir] Addition of new paragraph (a)(5);
[cir] Addition of new subsection (b); and
[cir] 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:
[cir] The revisions to and reorganization of existing subsection
(a) to subsections (a) and (b); and
[cir] The revisions to and redesignation of existing subsections
(b) and (c) to subsections (c) and (d).
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 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. We believe that 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 proposes to take no action on the following revisions to 30 TAC
116.311, December 15, 1995; July 22, 1998; and September 4, 2002:
Severable revisions to paragraph (a)(2), which relate to
the Qualified Facilities Program. Today, we propose to retain 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). We
will address the revisions to paragraph (a)(2) in connection with a
separate SIP submittal that revises the Qualified Facilities Program,
submitted October 5, 2010. EPA disapproved Texas Qualified Facilities
Program on April 14, 2010 (75 FR 19467). Under the CAA, EPA's statutory
deadline to take action on the revised Qualified Facilities Program is
April 5, 2012.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 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 proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under
[[Page 32340]]
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.
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: May 20, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-13872 Filed 6-3-11; 8:45 am]
BILLING CODE 6560-50-P
