Approval and Promulgation of Implementation Plans; Texas; Revisions to the New Source Review (NSR) State Implementation Plan (SIP); General Definitions; Definition of Modification of Existing Facility, 42078-42082 [2011-17873]
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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Proposed Rules
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BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–TX–0025; FRL–9439–
7]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the New Source Review
(NSR) State Implementation Plan (SIP);
General Definitions; Definition of
Modification of Existing Facility
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; Proposed
withdrawal of prior proposed
disapproval.
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AGENCY:
EPA is proposing to approve
revisions to the applicable State
Implementation Plan (SIP) for the State
of Texas that relate to severable portions
of the definition of ‘‘modification of
existing facility’’ in the general
definitions for the Texas NSR Program.
EPA proposes to find that these changes
to the Texas SIP comply with the
SUMMARY:
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Federal Clean Air Act (the Act or CAA)
and EPA regulations, and are consistent
with EPA policies. EPA is also
proposing to withdraw an action
proposed on September 23, 2009,
regarding two provisions that have been
superseded by later submitted revisions.
EPA is taking this action under section
110 of the Act.
DATES: Comments must be received on
or before August 17, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2005–TX–0025 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–2005–
TX–0025. 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 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
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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
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any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is
used, we mean EPA.
Table of Contents
I. The State’s Submittals
II. What action is EPA proposing to take?
III. EPA’s Evaluation of the Severable
Portions of the Definition of
‘‘Modification of Existing Facility’’
A. Section 30 TAC 116.10(11)—
Introductory Paragraph of the Definition
of ‘‘Modification of Existing Facility’’
1. What is the background of the
introductory paragraph of 30 TAC
116.10(11)?
2. What is EPA’s evaluation of the
submitted revisions to the introductory
paragraph of 30 TAC 116.10(11)?
B. Section 30 TAC 116.10(11)(C)—
Exclusion for Maintenance and
Replacement of Equipment
1. What is the background of 30 TAC
116.10(11)(C)?
2. What is EPA’s evaluation of the
submitted revisions to 30 TAC
116.11(C)?
C. Section 30 TAC 116.10(11)(D)—
Exclusion for an Increase in Annual
Hours of Operation
1. What is the background of 30 TAC
116.10(11)(D)?
2. What is EPA’s evaluation of the
submitted revisions to 30 TAC
116.10(11)(D)?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. The State’s Submittals
On March 13, 1996; July 22, 1998; and
September 4, 2002; the State of Texas
submitted revisions to the Texas State
Implementation Plan (SIP) concerning
the definition of ‘‘modification of
existing facility’’ for minor source
permitting under Title 30 of the Texas
Administrative Code (30 TAC), Chapter
116—Control of Air Pollution by
Permits for New Construction or
Modification, Subchapter A—
Definitions. The definition of
‘‘modification of existing facility’’ is
located at 30 TAC 116.10(11) in the
September 4, 2002 submittal. The March
13, 1996, revisions to this definition
were repealed and readopted, and new
versions were submitted to EPA on July
22, 1998. This definition was later
recodified from 30 TAC 116.10(9) to
116.10(11) in a SIP submittal dated
September 4, 2002.
Section 30 TAC 116.10—General
Definitions—is currently approved as
adopted by Texas on August 21, 2002,
and as approved April 14, 2010 (75 FR
19468). As approved, the current SIP
does not include all the definitions
under Section 116.10, including the
definition of ‘‘modification of existing
facility’’ found in Section 116.10(11).
Today, we propose to approve the
portions of this definition first adopted
by Texas on February 14, 1996
(submitted March 13, 1996). The next
submittal reflects the Texas repeal and
readoption of this definition as Section
116.10(9) on June 17, 1998 (submitted
July 22, 1998). The regulatory history of
the March 13, 1996 submittal was used
to evaluate the later submittals. We
propose to approve the definition
Date
submitted
Section
Title
30 TAC 116.10(11) .............
Definition of modification of existing facility—Introductory paragraph.
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‘‘modification of existing facility’’ as
submitted on July 22, 1998, and the
redesignation of this definition to
Section 116.10(11) adopted August 21,
2002 (submitted September 4, 2002). We
also propose to approve Subparagraphs
(C) and (D) of this definition as
submitted July 22, 1998, and September
4, 2002.
Finally, please note that Texas
submitted further revisions to 30 TAC
116.10 on October 5, 2010. This
includes the removal of two definitions,
the renumbering of other definitions,
and revisions to certain definitions. In
this October 2010 submittal, TCEQ
renumbered the definition of
‘‘modification of existing facility’’ to
Section 116.10(9) and relettered
Subparagraphs (C) and (D) to
Subparagraphs (B) and (C), respectively,
with no other changes. We are not
proposing action on the October 5, 2010,
SIP submittal here. We will address the
October 2010 SIP revisions in a separate
action.
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
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8/21/2002
2/14/1996
6/17/1998
8/21/2002
12/15/1995
11/16/1995
6/17/1998
9/4/2002
On September 23, 2009 (74 FR 48450),
EPA proposed to disapprove 30 TAC
116.10(11)(A) and (B). In a separate SIP
revision submitted October 5, 2010,
Texas revised 30 TAC 116.10(11)(A) and
repealed 30 TAC 116.10(11)(B).
As noted in the original proposed
action on Subparagraphs (A) and (B),
9/4/2002
3/13/1996
Repeal and readoption as Section
116.10(9).
Recodification to Section 116.10(11).
Initial adoption.
7/22/1998
Exclusion of increase in annual hours
of operation.
6/17/1998
9/4/2002
30 TAC 116.10(11)(D) ........
Initial adoption.
7/22/1998
Exclusion of maintenance or replacement of equipment.
2/14/1996
7/22/1998
30 TAC 116.10(11)(C) ........
3/13/1996
8/21/2002
the two Subparagraphs are not severable
from each other. 74 FR 48450, at 48452.
The two provisions were considered in
conjunction with each other as our basis
of evaluation in the original proposal.
Because (B) is now repealed and the
wording of (A) has been changed in a
later submitted revision, the basis of
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Repeal and readoption as Section
116.10(9)(C).
Recodification
to
Section
116.10(11)(C).
Initial adoption.
Repeal and readoption as Section
116.10(9)(D).
Recodification
to
Section
116.10(11)(D).
evaluation in the original proposed
action has changed. EPA therefore
proposes to withdraw its previously
proposed action so that the submitted
revised Subparagraph (A) and the
impact of the repeal of Subparagraph (B)
upon the revised Subparagraph (A) may
be addressed in a future separate action.
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This course of action will promote
efficiency, mitigate confusion, and
facilitate new comments on the future
proposed action on the October 5, 2010
submittal with a proper basis of
evaluation. Given the need for
comments and evaluation of the newly
submitted regulatory wording changes
to Subparagraph (A), EPA considers any
established deadline under the Business
Coalition for Clean Air Appeal Group
(BCCA) Settlement Agreement to be
inapplicable with respect to this
provision.1
The repeal of Subparagraph (B) in the
October 2010 SIP submittal also renders
moot and inapplicable any obligation to
act on that provision under the BCCA
Settlement Agreement. Because
Subparagraph (B) was repealed and is
no longer before EPA for action, no
further action is needed on this
provision. Consequently, EPA now
proposes to withdraw its previously
proposed action on Subparagraph (B).
March 13, 1996; July 22, 1998; and
September 4, 2002. As discussed earlier,
in a separate SIP submittal dated
October 5, 2010, 30 TAC 116.10(11) and
Subparagraphs, (C), and (D) were
renamed as 30 TAC 116.10(9) and
Subparagraphs (B) and (C), respectively.
EPA is not proposing action on the
changes submitted October 2010, and
will address these revisions in a
separate action.
In a separate action on September 23,
2009, 74 FR 48450, EPA proposed to
disapprove severable provisions in
Subparagraphs (A), (B), and (G) of the
definition ‘‘modification of existing
facility.’’ EPA is currently reviewing the
proposal on Subparagraph (G) and will
take action on this proposal in the
future. In light of revisions that were
submitted on October 5, 2010, revising
the language of Subparagraph (A) and
eliminating Subparagraph (B), EPA is
proposing to withdraw its proposed
actions on Subparagraphs (A) and (B).
Subparagraph (A) as it appears in the
October 5, 2010 submittal will be
evaluated and will be addressed in a
separate future action.
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II. What action is EPA proposing to
take?
We have evaluated severable portions
of the SIP submissions of 30 TAC
116.10(11), which include the
introductory paragraph of the definition
of ‘‘modification of existing facility,’’
and Subparagraphs (C) and (D) of that
definition for consistency with the CAA,
NSR regulations for new and modified
sources in 40 CFR Part 51, and the
approved Texas SIP. We have also
reviewed the rules for enforceability and
legal sufficiency.
This action addresses severable
portions of the definition of
modification of existing facility under
30 TAC 116.10(11), including the
introductory paragraph and
Subparagraphs (C) and (D) of the
definition submitted March 13, 1996;
July 22, 1998; and September 4, 2002. A
technical analysis of the submittals for
this definition has found that these
changes meet the CAA and 40 CFR Part
51 and are consistent with EPA policies.
Therefore, EPA proposes to approve the
severable portions of the definition of
‘‘modification of existing facility’’ under
30 TAC 116.10(11), including the
introductory paragraph of Section
116.10(11) and Subparagraphs (C) and
(D) of this definition, submitted on
(11) Modification of existing facility—Any
physical change in, or change in the method
of operation of, a facility in a manner that
increases the amount of air contaminants
emitted by the facility into the atmosphere or
which results in the emission of any air
contaminant not previously emitted. * * *
1 Under a Settlement Agreement for a lawsuit
Business Coalition for Clean Air Appeal Group v.
EPA, Case No. 3–08CV1791–G, EPA must take final
action on the NSR Rules Revisions submitted March
13, 1996; July 22, 1998; and September 4, 2002 by
October 31, 2011. If today’s proposed action is
finalized by October 31, 2011, it will satisfy this
deadline. Under § 110(k)(2) of the Clean Air Act,
EPA must take final action on the revisions
submitted October 5, 2010, no later than April 5,
2012.
2. What Is EPA’s evaluation of the
submitted revisions to the introductory
paragraph of 30 TAC 116.10(11)?
EPA approved the definition of
‘‘facility’’ in Subchapter A: Definitions
on September 6, 2006 (71 FR 52698) as
part of the Texas SIP. ‘‘Facility’’ is
defined as ‘‘A discrete or identifiable
structure, device, item, equipment, or
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III. EPA’s Evaluation of Severable
Portions of the Definition of
‘‘Modification of Existing Facility’’
A. Section 30 TAC 116.10(11)—
Introductory Paragraph of the Definition
of ‘‘Modification of Existing Facility’’
1. What is the background of the
introductory paragraph of 30 TAC
116.10(11)?
The TCEQ initially submitted the
introductory paragraph of the general
definition of ‘‘modification of existing
facility’’ on March 13, 1996. On July 22,
1998, TCEQ repealed and resubmitted
this definition as readopted at 30 TAC
116.10(9). On September 4, 2002, TCEQ
submitted revisions that redesignated
this definition to 30 TAC 116.10(11).
The submitted regulatory definition of
the introductory paragraph that we are
addressing here provides:
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enclosure that constitutes or contains a
stationary source, including
appurtenances other than emission
control equipment. A mine, quarry, well
test, or road is not a facility.’’ See
approved SIP at 30 TAC 116.10(6). The
submitted regulatory definition for
‘‘modification of existing facility’’ also
is in Subchapter A, Section 116.10.
Therefore, ‘‘existing facility’’ is limited
by the terms of the SIP definition of
‘‘facility.’’ In our evaluation of this
introductory paragraph in the submitted
regulatory definition of modification of
existing facility, we compared it to how
‘‘modification’’ is defined in the CAA
and in our regulations.
The CAA defines modification in
Section 111(a)(4) as:
(4) The term ‘‘modification’’ means any
physical change in, or change in the method
of operation of, a stationary source which
increases the amount of any air pollutant
emitted by such source or which results in
the emission of any pollutant not previously
emitted.
In 40 CFR 52.01(d), the phrases
‘‘modification’’ and ‘‘modified source’’
are defined as any physical change in,
or change in the method of operation of,
a stationary source which increases the
emission rate of any air pollutant for
which a national standard has been
promulgated under part 50 of this
chapter or which results in the emission
of any such pollutant not previously
emitted.
The introductory paragraph of 30 TAC
116.10(11) is substantially the same as
the definitions in section 111(a)(4) of
the Act and 40 CFR 52.01(d).
The existence of a similar definition
for ‘‘major modification,’’ in Section
116.12—Nonattainment and Prevention
of Significant Review Definitions—that
is applicable for Major NSR 2 serves to
distinguish the provisions in the
introductory paragraph from the Major
NSR Program and limit its application
to Minor NSR.
We are proposing to approve the
introductory paragraph of 30 TAC
116.10(11), as submitted March 13,
1996; July 22, 1998; and September 4,
2002.
2 Section 116.12 as currently approved in the
Texas SIP applies only to the Major NSR Program
for Nonattainment Review. SIP revisions submitted
February 1, 2006, and March 11, 2011, revised the
definition to apply to both Nonattainment Review
and Prevention of Significant Deterioration. EPA is
currently reviewing these revisions and plans to act
upon them shortly. The definitions in Section
116.12 are effective as State rules and the TCEQ
implements them as part of its Major NSR Program.
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B. Section 30 TAC 116.10(11)(C)—
Exclusion for Maintenance and
Replacement of Equipment
1. What is the background for 30 TAC
116.10(11)(C)?
On March 13, 1996, this provision
was submitted as Subparagraph (C)
under the definition of ‘‘modification of
existing facility.’’ In the July 22, 1998,
submittal, the provision was repealed
and resubmitted as 30 TAC 116.10(9)(C).
On September 4, 2002, TCEQ submitted
revisions that redesignated this
definition to 30 TAC 116.10(11)(C). As
submitted, Subparagraph (C) provides
that the following is not a modification
to an existing facility:
(C) Maintenance or replacement of
equipment components that do not increase
or tend to increase the amount or change the
characteristics of the air contaminants
emitted into the atmosphere;
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2. What is EPA’s evaluation of the
submitted revisions to 30 TAC
116.10(11)(C)?
The submitted Subparagraph (C)
mirrors the definition in the Texas
Clean Air Act (TCAA). EPA approved
this statutory provision into the Texas
SIP on May 31, 1972 (37 FR 10896).
Under Subparagraph (C), any
maintenance and repair of equipment
components that increases emissions, or
tends to increase emissions, will be
considered a modification consistent
with the introductory paragraph of 30
TAC 116.10(11). Accordingly, the
limitation in Subparagraph (C) protects
against increases in emissions and
thereby does not interfere with
attainment or reasonable further
progress. The definition of ‘‘major
modification’’ in Section 116.12 has a
similarly protective, but different,
exclusion for routine maintenance,
repair, and replacement. The existence
of a similar exclusion in the Section
116.12 that is applicable for Major NSR
serves to distinguish the provisions in
paragraph (C) from the Major NSR
Program and limit its application to
Minor NSR.
Accordingly, we are proposing to
approve 30 TAC 116.10(11)(C), as
submitted March 13, 1996; July 22,
1998; and September 4, 2002.
C. Section 30 TAC 116.10(11)(D)—
Exclusion for an Increase in Annual
Hours of Operation
1. What is the background of 30 TAC
116.10(11)(D)?
On March 13, 1996, this provision
was submitted as Subparagraph (D)
under the definition of ‘‘modification of
existing facility.’’ In the July 22, 1998,
submittal, the provision was repealed
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and resubmitted as 30 TAC
116.10(9)(D). On September 4, 2002,
TCEQ submitted revisions that
redesignated this definition to 30 TAC
116.10(11)(D). As submitted,
Subparagraph (D) provides that the
following is not a modification to an
existing facility:
(D) An increase in the annual hours of
operation unless the existing facility has
received a preconstruction permit or has
been exempted, under TCAA, § 382.057, from
preconstruction permit requirements;
2. What is EPA’s evaluation of the
submitted revisions to 30 TAC
116.10(11)(D)?
The submitted Subparagraph (D)
mirrors the definition in the Texas
Clean Air Act (TCAA). EPA approved
this statutory provision into the Texas
SIP on May 31, 1972 (37 FR 10896).
Subparagraph (D) is similar to 40 CFR
52.01(d)(2)(ii), which provides that an
increase in the hours of operation shall
not be considered a change in the
method of operation.
The submitted Subparagraph (D) is
substantially the same as 40 CFR
52.01(d)(2)(ii). Furthermore,
Subparagraph (D) includes additional
language that clarifies that an increase
in hours of operation may be a
modification for existing minor facilities
having preconstruction permits or
exemptions, under TCAA § 382.057 3 for
preconstruction permit requirements.
This language limits the reach of the
exclusion in scenarios where an existing
facility is subject to limitations on hours
of operation under the terms of a
preconstruction permit or an exemption.
This is consistent with federal
requirements in 40 CFR 52.01(d)(2)(ii).
Subparagraph (D) meets and improves
upon the federal requirements as
described above. Again, the definition of
‘‘major modification’’ in Section 116.12
has a similar, but different, exclusion for
an increase in the annual hours of
operation. The existence of a similar
exclusion in the Section 116.12 that is
applicable for Major NSR serves to
distinguish the provisions in paragraph
(D) from the Major NSR Program and
limit its application to Minor NSR.
Accordingly, we are proposing to
approve 30 TAC 116.10(11)(D), as
submitted March 13, 1996; July 22,
1998; and September 4, 2002.
IV. Proposed Action
Today, EPA proposes to approve the
following revisions to the Texas SIP to
3 The term ‘‘exemptions’’ is a misnomer.
Exemptions in Texas now are called Permits by
Rule. An ‘‘exemption’’ since 1972 in Texas and in
the Texas SIP, is an authorization to construct and/
or modify if certain conditions are met.
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include severable provisions of the
definition of ’’ modification of existing
facility’’ under 30 TAC 116.10(11),
submitted March 13, 1996; July 22,
1998; and September 4, 2002. This
includes the following:
• 30 TAC 116.10(11)—the
introductory paragraph of the definition
of ‘‘modification of existing facility’’;
• 30 TAC 116.10(11)(C)—Exclusion
for maintenance and replacement of
equipment; and
• 30 TAC 116.10(11)(D)—Exclusion
for an increase in annual hours of
operation.
Final action on these revisions on or
before October 31, 2011, will meet
EPA’s obligation on the NSR Rules
Revisions; 112(g) Revisions component
of the May 21, 2009, Settlement
Agreement between EPA and the
Business Coalition for Clean Air Appeal
Group, Texas Association of Business,
and Texas Oil and Gas Association.
EPA is proposing to withdraw its
prior proposed disapprovals regarding
the following provisions:
• 30 TAC 116.10(11)(A). EPA
proposed to disapprove Subparagraph
(A) in a separate action on September
23, 2009, 74 FR 48450. EPA is currently
reviewing October 5, 2010 submitted
revisions to Subparagraph (A) that have
been subsequently submitted, and
therefore proposes to withdraw its
former proposal and act on
Subparagraph (A) under the later
submitted revisions in a separate action.
• 30 TAC 116.10(11)(B). EPA
proposed to disapprove Subparagraph
(B) in a separate action on September
23, 2009, 74 FR 48450. EPA takes notice
of the repeal of Subparagraph (B) in the
October 5, 2010 submittal and therefore
proposes to withdraw its former
proposal as moot. The provision no
longer is before EPA for action.
EPA is not taking any action on the
following severable provisions of 30
TAC 116.10(11):
• 30 TAC 116.10(11)(E). EPA
disapproved Subparagraph (E) in a
separate action on April 14, 2010, 75 FR
19468. EPA will address any subsequent
revisions to Subparagraph (E) in a
separate action.
• 30 TAC 116.10(11)(F). EPA
disapproved Subparagraph (F) in a
separate action on July 15, 2010, 75 FR
41312. EPA will address any subsequent
revisions to Subparagraph (F) in a
separate action.
EPA is not reopening the public
comment period for the following
severable provision of 30 TAC
116.10(11):
• 30 TAC 116.10(11)(G). EPA
proposed to disapprove this provision
on September 23, 2009. EPA is currently
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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Proposed Rules
srobinson on DSK4SPTVN1PROD with PROPOSALS
reviewing the proposal and will act on
Subparagraph (G) at a future time.
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’’ under the terms of Executive
Order 12866 (58 FR 51735, October 4,
1993) and is therefore not subject to
review under Executive Orders 12866
and 13563 (76 FR 3821, January 21,
2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
VerDate Mar<15>2010
19:39 Jul 15, 2011
Jkt 223001
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, Intergovernmental
relations.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 4, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011–17873 Filed 7–15–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 229 and 665
[Docket No. 110131070–1084–01]
RIN 0648–BA30
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
False Killer Whale Take Reduction Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; notice of
availability of draft take reduction plan;
request for comments.
AGENCY:
NMFS announces the
availability of a Draft False Killer Whale
Take Reduction Plan developed by the
False Killer Whale Take Reduction
Team. This proposed rule would
implement the proposed False Killer
Whale Take Reduction Plan (FKWTRP),
which is based on consensus
recommendations included in the Draft
False Killer Whale Take Reduction Plan.
The proposed FKWTRP includes some
changes and modifications proposed by
NMFS. This action is necessary because
current mortality and serious injury of
the Hawaii Pelagic stock of false killer
whales incidental to the Hawaii-based
pelagic longline fisheries are above the
stock’s potential biological removal
(PBR), and are therefore inconsistent
with the short and long-term goals of the
Marine Mammal Protection Act
(MMPA). The FKWTRP is intended to
meet the requirements of the MMPA
through both regulatory and nonregulatory measures. Proposed
regulatory measures include gear
requirements, longline prohibited areas,
SUMMARY:
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
training and certification in marine
mammal handling and release, captains’
supervision of marine mammal
handling and release, and posting of
NMFS-approved placards on longline
vessels. NMFS is also proposing nonregulatory measures, including research
and data collection recommendations.
DATES: Written comments on the
proposed rule must be received no later
October 17, 2011.
ADDRESSES: Comments on the proposed
rule, identified by 0648–BA30, may be
sent to either of the following addresses:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov; or.
• Mail: Mail written comments to
Regulatory Branch Chief, Protected
Resources Division, National Marine
Fisheries Service, Pacific Islands
Regional Office (PIR), 1601 Kapiolani
Blvd., Suite 1110, Honolulu, HI 96814,
Attn: Proposed False Killer Whale Take
Reduction Plan.
Instructions: Comments must be
submitted to one of these two addresses
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent to any other
address or individual, or received after
the end of the comment period, may not
be considered. All comments received
are a part of the public record and will
generally be posted to
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
This proposed rule (the proposed
False Killer Whale Take Reduction
Plan), the recommendations submitted
by the False Killer Whale Take
Reduction Team (FKWTRT) (the Draft
False Killer Whale Take Reduction
Plan), references, and other background
documents are available at
www.regulations.gov, or the Take
Reduction Team Web site:
www.nmfs.noaa.gov/pr/interactions/trt/
falsekillerwhale.htm, or by submitting a
request to the Regulatory Branch Chief
[see ADDRESSES].
FOR FURTHER INFORMATION CONTACT:
Nancy Young, NMFS PIR,
Nancy.Young@noaa.gov, 808–944–2282;
Lance Smith, NMFS PIR,
E:\FR\FM\18JYP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Proposed Rules]
[Pages 42078-42082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17873]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-TX-0025; FRL-9439-7]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to the New Source Review (NSR) State Implementation Plan
(SIP); General Definitions; Definition of Modification of Existing
Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; Proposed withdrawal of prior proposed
disapproval.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the applicable State
Implementation Plan (SIP) for the State of Texas that relate to
severable portions of the definition of ``modification of existing
facility'' in the general definitions for the Texas NSR Program. EPA
proposes to find 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 also proposing to withdraw an
action proposed on September 23, 2009, regarding two provisions that
have been superseded by later submitted revisions. EPA is taking this
action under section 110 of the Act.
DATES: Comments must be received on or before August 17, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2005-TX-0025 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-
2005-TX-0025. 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 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
[[Page 42079]]
any reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. The State's Submittals
II. What action is EPA proposing to take?
III. EPA's Evaluation of the Severable Portions of the Definition of
``Modification of Existing Facility''
A. Section 30 TAC 116.10(11)--Introductory Paragraph of the
Definition of ``Modification of Existing Facility''
1. What is the background of the introductory paragraph of 30
TAC 116.10(11)?
2. What is EPA's evaluation of the submitted revisions to the
introductory paragraph of 30 TAC 116.10(11)?
B. Section 30 TAC 116.10(11)(C)--Exclusion for Maintenance and
Replacement of Equipment
1. What is the background of 30 TAC 116.10(11)(C)?
2. What is EPA's evaluation of the submitted revisions to 30 TAC
116.11(C)?
C. Section 30 TAC 116.10(11)(D)--Exclusion for an Increase in
Annual Hours of Operation
1. What is the background of 30 TAC 116.10(11)(D)?
2. What is EPA's evaluation of the submitted revisions to 30 TAC
116.10(11)(D)?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. The State's Submittals
On March 13, 1996; July 22, 1998; and September 4, 2002; the State
of Texas submitted revisions to the Texas State Implementation Plan
(SIP) concerning the definition of ``modification of existing
facility'' for minor source permitting under Title 30 of the Texas
Administrative Code (30 TAC), Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification, Subchapter A--
Definitions. The definition of ``modification of existing facility'' is
located at 30 TAC 116.10(11) in the September 4, 2002 submittal. The
March 13, 1996, revisions to this definition were repealed and
readopted, and new versions were submitted to EPA on July 22, 1998.
This definition was later recodified from 30 TAC 116.10(9) to
116.10(11) in a SIP submittal dated September 4, 2002.
Section 30 TAC 116.10--General Definitions--is currently approved
as adopted by Texas on August 21, 2002, and as approved April 14, 2010
(75 FR 19468). As approved, the current SIP does not include all the
definitions under Section 116.10, including the definition of
``modification of existing facility'' found in Section 116.10(11).
Today, we propose to approve the portions of this definition first
adopted by Texas on February 14, 1996 (submitted March 13, 1996). The
next submittal reflects the Texas repeal and readoption of this
definition as Section 116.10(9) on June 17, 1998 (submitted July 22,
1998). The regulatory history of the March 13, 1996 submittal was used
to evaluate the later submittals. We propose to approve the definition
``modification of existing facility'' as submitted on July 22, 1998,
and the redesignation of this definition to Section 116.10(11) adopted
August 21, 2002 (submitted September 4, 2002). We also propose to
approve Subparagraphs (C) and (D) of this definition as submitted July
22, 1998, and September 4, 2002.
Finally, please note that Texas submitted further revisions to 30
TAC 116.10 on October 5, 2010. This includes the removal of two
definitions, the renumbering of other definitions, and revisions to
certain definitions. In this October 2010 submittal, TCEQ renumbered
the definition of ``modification of existing facility'' to Section
116.10(9) and relettered Subparagraphs (C) and (D) to Subparagraphs (B)
and (C), respectively, with no other changes. We are not proposing
action on the October 5, 2010, SIP submittal here. We will address the
October 2010 SIP revisions in a separate action.
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 Date adopted
Section Title submitted by the State Comments
----------------------------------------------------------------------------------------------------------------
30 TAC 116.10(11)..................... Definition of 3/13/1996 2/14/1996 Initial adoption.
modification of
existing facility--
Introductory
paragraph.
7/22/1998 6/17/1998 Repeal and
readoption as
Section 116.10(9).
9/4/2002 8/21/2002 Recodification to
Section
116.10(11).
30 TAC 116.10(11)(C).................. Exclusion of 3/13/1996 2/14/1996 Initial adoption.
maintenance or
replacement of
equipment.
7/22/1998 6/17/1998 Repeal and
readoption as
Section
116.10(9)(C).
9/4/2002 8/21/2002 Recodification to
Section
116.10(11)(C).
30 TAC 116.10(11)(D).................. Exclusion of 12/15/1995 11/16/1995 Initial adoption.
increase in annual
hours of operation.
7/22/1998 6/17/1998 Repeal and
readoption as
Section
116.10(9)(D).
9/4/2002 8/21/2002 Recodification to
Section
116.10(11)(D).
----------------------------------------------------------------------------------------------------------------
On September 23, 2009 (74 FR 48450), EPA proposed to disapprove 30
TAC 116.10(11)(A) and (B). In a separate SIP revision submitted October
5, 2010, Texas revised 30 TAC 116.10(11)(A) and repealed 30 TAC
116.10(11)(B).
As noted in the original proposed action on Subparagraphs (A) and
(B), the two Subparagraphs are not severable from each other. 74 FR
48450, at 48452. The two provisions were considered in conjunction with
each other as our basis of evaluation in the original proposal. Because
(B) is now repealed and the wording of (A) has been changed in a later
submitted revision, the basis of evaluation in the original proposed
action has changed. EPA therefore proposes to withdraw its previously
proposed action so that the submitted revised Subparagraph (A) and the
impact of the repeal of Subparagraph (B) upon the revised Subparagraph
(A) may be addressed in a future separate action.
[[Page 42080]]
This course of action will promote efficiency, mitigate confusion, and
facilitate new comments on the future proposed action on the October 5,
2010 submittal with a proper basis of evaluation. Given the need for
comments and evaluation of the newly submitted regulatory wording
changes to Subparagraph (A), EPA considers any established deadline
under the Business Coalition for Clean Air Appeal Group (BCCA)
Settlement Agreement to be inapplicable with respect to this
provision.\1\
---------------------------------------------------------------------------
\1\ Under a Settlement Agreement for a lawsuit Business
Coalition for Clean Air Appeal Group v. EPA, Case No. 3-08CV1791-G,
EPA must take final action on the NSR Rules Revisions submitted
March 13, 1996; July 22, 1998; and September 4, 2002 by October 31,
2011. If today's proposed action is finalized by October 31, 2011,
it will satisfy this deadline. Under Sec. 110(k)(2) of the Clean
Air Act, EPA must take final action on the revisions submitted
October 5, 2010, no later than April 5, 2012.
---------------------------------------------------------------------------
The repeal of Subparagraph (B) in the October 2010 SIP submittal
also renders moot and inapplicable any obligation to act on that
provision under the BCCA Settlement Agreement. Because Subparagraph (B)
was repealed and is no longer before EPA for action, no further action
is needed on this provision. Consequently, EPA now proposes to withdraw
its previously proposed action on Subparagraph (B).
II. What action is EPA proposing to take?
We have evaluated severable portions of the SIP submissions of 30
TAC 116.10(11), which include the introductory paragraph of the
definition of ``modification of existing facility,'' and Subparagraphs
(C) and (D) of that definition for consistency with the CAA, NSR
regulations for new and modified sources in 40 CFR Part 51, and the
approved Texas SIP. We have also reviewed the rules for enforceability
and legal sufficiency.
This action addresses severable portions of the definition of
modification of existing facility under 30 TAC 116.10(11), including
the introductory paragraph and Subparagraphs (C) and (D) of the
definition submitted March 13, 1996; July 22, 1998; and September 4,
2002. A technical analysis of the submittals for this definition has
found that these changes meet the CAA and 40 CFR Part 51 and are
consistent with EPA policies. Therefore, EPA proposes to approve the
severable portions of the definition of ``modification of existing
facility'' under 30 TAC 116.10(11), including the introductory
paragraph of Section 116.10(11) and Subparagraphs (C) and (D) of this
definition, submitted on March 13, 1996; July 22, 1998; and September
4, 2002. As discussed earlier, in a separate SIP submittal dated
October 5, 2010, 30 TAC 116.10(11) and Subparagraphs, (C), and (D) were
renamed as 30 TAC 116.10(9) and Subparagraphs (B) and (C),
respectively. EPA is not proposing action on the changes submitted
October 2010, and will address these revisions in a separate action.
In a separate action on September 23, 2009, 74 FR 48450, EPA
proposed to disapprove severable provisions in Subparagraphs (A), (B),
and (G) of the definition ``modification of existing facility.'' EPA is
currently reviewing the proposal on Subparagraph (G) and will take
action on this proposal in the future. In light of revisions that were
submitted on October 5, 2010, revising the language of Subparagraph (A)
and eliminating Subparagraph (B), EPA is proposing to withdraw its
proposed actions on Subparagraphs (A) and (B). Subparagraph (A) as it
appears in the October 5, 2010 submittal will be evaluated and will be
addressed in a separate future action.
III. EPA's Evaluation of Severable Portions of the Definition of
``Modification of Existing Facility''
A. Section 30 TAC 116.10(11)--Introductory Paragraph of the Definition
of ``Modification of Existing Facility''
1. What is the background of the introductory paragraph of 30 TAC
116.10(11)?
The TCEQ initially submitted the introductory paragraph of the
general definition of ``modification of existing facility'' on March
13, 1996. On July 22, 1998, TCEQ repealed and resubmitted this
definition as readopted at 30 TAC 116.10(9). On September 4, 2002, TCEQ
submitted revisions that redesignated this definition to 30 TAC
116.10(11). The submitted regulatory definition of the introductory
paragraph that we are addressing here provides:
(11) Modification of existing facility--Any physical change in,
or change in the method of operation of, a facility in a manner that
increases the amount of air contaminants emitted by the facility
into the atmosphere or which results in the emission of any air
contaminant not previously emitted. * * *
2. What Is EPA's evaluation of the submitted revisions to the
introductory paragraph of 30 TAC 116.10(11)?
EPA approved the definition of ``facility'' in Subchapter A:
Definitions on September 6, 2006 (71 FR 52698) as part of the Texas
SIP. ``Facility'' is defined as ``A discrete or identifiable structure,
device, item, equipment, or enclosure that constitutes or contains a
stationary source, including appurtenances other than emission control
equipment. A mine, quarry, well test, or road is not a facility.'' See
approved SIP at 30 TAC 116.10(6). The submitted regulatory definition
for ``modification of existing facility'' also is in Subchapter A,
Section 116.10. Therefore, ``existing facility'' is limited by the
terms of the SIP definition of ``facility.'' In our evaluation of this
introductory paragraph in the submitted regulatory definition of
modification of existing facility, we compared it to how
``modification'' is defined in the CAA and in our regulations.
The CAA defines modification in Section 111(a)(4) as:
(4) The term ``modification'' means any physical change in, or
change in the method of operation of, a stationary source which
increases the amount of any air pollutant emitted by such source or
which results in the emission of any pollutant not previously
emitted.
In 40 CFR 52.01(d), the phrases ``modification'' and ``modified
source'' are defined as any physical change in, or change in the method
of operation of, a stationary source which increases the emission rate
of any air pollutant for which a national standard has been promulgated
under part 50 of this chapter or which results in the emission of any
such pollutant not previously emitted.
The introductory paragraph of 30 TAC 116.10(11) is substantially
the same as the definitions in section 111(a)(4) of the Act and 40 CFR
52.01(d).
The existence of a similar definition for ``major modification,''
in Section 116.12--Nonattainment and Prevention of Significant Review
Definitions--that is applicable for Major NSR \2\ serves to distinguish
the provisions in the introductory paragraph from the Major NSR Program
and limit its application to Minor NSR.
---------------------------------------------------------------------------
\2\ Section 116.12 as currently approved in the Texas SIP
applies only to the Major NSR Program for Nonattainment Review. SIP
revisions submitted February 1, 2006, and March 11, 2011, revised
the definition to apply to both Nonattainment Review and Prevention
of Significant Deterioration. EPA is currently reviewing these
revisions and plans to act upon them shortly. The definitions in
Section 116.12 are effective as State rules and the TCEQ implements
them as part of its Major NSR Program.
---------------------------------------------------------------------------
We are proposing to approve the introductory paragraph of 30 TAC
116.10(11), as submitted March 13, 1996; July 22, 1998; and September
4, 2002.
[[Page 42081]]
B. Section 30 TAC 116.10(11)(C)--Exclusion for Maintenance and
Replacement of Equipment
1. What is the background for 30 TAC 116.10(11)(C)?
On March 13, 1996, this provision was submitted as Subparagraph (C)
under the definition of ``modification of existing facility.'' In the
July 22, 1998, submittal, the provision was repealed and resubmitted as
30 TAC 116.10(9)(C). On September 4, 2002, TCEQ submitted revisions
that redesignated this definition to 30 TAC 116.10(11)(C). As
submitted, Subparagraph (C) provides that the following is not a
modification to an existing facility:
(C) Maintenance or replacement of equipment components that do
not increase or tend to increase the amount or change the
characteristics of the air contaminants emitted into the atmosphere;
2. What is EPA's evaluation of the submitted revisions to 30 TAC
116.10(11)(C)?
The submitted Subparagraph (C) mirrors the definition in the Texas
Clean Air Act (TCAA). EPA approved this statutory provision into the
Texas SIP on May 31, 1972 (37 FR 10896). Under Subparagraph (C), any
maintenance and repair of equipment components that increases
emissions, or tends to increase emissions, will be considered a
modification consistent with the introductory paragraph of 30 TAC
116.10(11). Accordingly, the limitation in Subparagraph (C) protects
against increases in emissions and thereby does not interfere with
attainment or reasonable further progress. The definition of ``major
modification'' in Section 116.12 has a similarly protective, but
different, exclusion for routine maintenance, repair, and replacement.
The existence of a similar exclusion in the Section 116.12 that is
applicable for Major NSR serves to distinguish the provisions in
paragraph (C) from the Major NSR Program and limit its application to
Minor NSR.
Accordingly, we are proposing to approve 30 TAC 116.10(11)(C), as
submitted March 13, 1996; July 22, 1998; and September 4, 2002.
C. Section 30 TAC 116.10(11)(D)--Exclusion for an Increase in Annual
Hours of Operation
1. What is the background of 30 TAC 116.10(11)(D)?
On March 13, 1996, this provision was submitted as Subparagraph (D)
under the definition of ``modification of existing facility.'' In the
July 22, 1998, submittal, the provision was repealed and resubmitted as
30 TAC 116.10(9)(D). On September 4, 2002, TCEQ submitted revisions
that redesignated this definition to 30 TAC 116.10(11)(D). As
submitted, Subparagraph (D) provides that the following is not a
modification to an existing facility:
(D) An increase in the annual hours of operation unless the
existing facility has received a preconstruction permit or has been
exempted, under TCAA, Sec. 382.057, from preconstruction permit
requirements;
2. What is EPA's evaluation of the submitted revisions to 30 TAC
116.10(11)(D)?
The submitted Subparagraph (D) mirrors the definition in the Texas
Clean Air Act (TCAA). EPA approved this statutory provision into the
Texas SIP on May 31, 1972 (37 FR 10896). Subparagraph (D) is similar to
40 CFR 52.01(d)(2)(ii), which provides that an increase in the hours of
operation shall not be considered a change in the method of operation.
The submitted Subparagraph (D) is substantially the same as 40 CFR
52.01(d)(2)(ii). Furthermore, Subparagraph (D) includes additional
language that clarifies that an increase in hours of operation may be a
modification for existing minor facilities having preconstruction
permits or exemptions, under TCAA Sec. 382.057 \3\ for preconstruction
permit requirements. This language limits the reach of the exclusion in
scenarios where an existing facility is subject to limitations on hours
of operation under the terms of a preconstruction permit or an
exemption. This is consistent with federal requirements in 40 CFR
52.01(d)(2)(ii). Subparagraph (D) meets and improves upon the federal
requirements as described above. Again, the definition of ``major
modification'' in Section 116.12 has a similar, but different,
exclusion for an increase in the annual hours of operation. The
existence of a similar exclusion in the Section 116.12 that is
applicable for Major NSR serves to distinguish the provisions in
paragraph (D) from the Major NSR Program and limit its application to
Minor NSR.
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\3\ The term ``exemptions'' is a misnomer. Exemptions in Texas
now are called Permits by Rule. An ``exemption'' since 1972 in Texas
and in the Texas SIP, is an authorization to construct and/or modify
if certain conditions are met.
---------------------------------------------------------------------------
Accordingly, we are proposing to approve 30 TAC 116.10(11)(D), as
submitted March 13, 1996; July 22, 1998; and September 4, 2002.
IV. Proposed Action
Today, EPA proposes to approve the following revisions to the Texas
SIP to include severable provisions of the definition of ''
modification of existing facility'' under 30 TAC 116.10(11), submitted
March 13, 1996; July 22, 1998; and September 4, 2002. This includes the
following:
30 TAC 116.10(11)--the introductory paragraph of the
definition of ``modification of existing facility'';
30 TAC 116.10(11)(C)--Exclusion for maintenance and
replacement of equipment; and
30 TAC 116.10(11)(D)--Exclusion for an increase in annual
hours of operation.
Final action on these revisions on or before October 31, 2011, will
meet EPA's obligation on the NSR Rules Revisions; 112(g) Revisions
component of the May 21, 2009, Settlement Agreement between EPA and the
Business Coalition for Clean Air Appeal Group, Texas Association of
Business, and Texas Oil and Gas Association.
EPA is proposing to withdraw its prior proposed disapprovals
regarding the following provisions:
30 TAC 116.10(11)(A). EPA proposed to disapprove
Subparagraph (A) in a separate action on September 23, 2009, 74 FR
48450. EPA is currently reviewing October 5, 2010 submitted revisions
to Subparagraph (A) that have been subsequently submitted, and
therefore proposes to withdraw its former proposal and act on
Subparagraph (A) under the later submitted revisions in a separate
action.
30 TAC 116.10(11)(B). EPA proposed to disapprove
Subparagraph (B) in a separate action on September 23, 2009, 74 FR
48450. EPA takes notice of the repeal of Subparagraph (B) in the
October 5, 2010 submittal and therefore proposes to withdraw its former
proposal as moot. The provision no longer is before EPA for action.
EPA is not taking any action on the following severable provisions
of 30 TAC 116.10(11):
30 TAC 116.10(11)(E). EPA disapproved Subparagraph (E) in
a separate action on April 14, 2010, 75 FR 19468. EPA will address any
subsequent revisions to Subparagraph (E) in a separate action.
30 TAC 116.10(11)(F). EPA disapproved Subparagraph (F) in
a separate action on July 15, 2010, 75 FR 41312. EPA will address any
subsequent revisions to Subparagraph (F) in a separate action.
EPA is not reopening the public comment period for the following
severable provision of 30 TAC 116.10(11):
30 TAC 116.10(11)(G). EPA proposed to disapprove this
provision on September 23, 2009. EPA is currently
[[Page 42082]]
reviewing the proposal and will act on Subparagraph (G) at a future
time.
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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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, Intergovernmental
relations.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 4, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-17873 Filed 7-15-11; 8:45 am]
BILLING CODE 6560-50-P
