[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Proposed Rules]
[Pages 42078-42082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17873]


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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.

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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have been superseded by later submitted revisions.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: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    (2) E-mail: Mr. Stanley M. Spruiell at [email protected].
    (3) U.S. EPA Region 6 ``Contact Us'' Web site: http://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 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 http://www.regulations.gov or e-mail. The http://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 http://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 http://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 http://www.regulations.gov or in hard copy at the Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 Freedom of 
Information Act Review Room between the hours of 8:30 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 [email protected].

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.

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                                                                  Date        Date adopted
                Section                        Title            submitted     by the State         Comments
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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).
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    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\
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    \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.
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    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.
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    \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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    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.
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    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