[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Proposed Rules]
[Pages 26180-26185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10225]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0861; FRL-9945-95-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the General Definitions for Texas New Source Review and 
the Minor NSR Qualified Facilities Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve and disapprove portions of revisions to the Texas State 
Implementation Plan (SIP) pertaining to the Texas New Source Review 
(NSR) program submitted on March 13, 1996; July 22, 1998; September 11, 
2000; September 4, 2002; and October 5, 2010. Specifically, the EPA is 
proposing to approve the severable portions of the amendments to the 
General Definitions for the Texas NSR program, and the Minor NSR 
Qualified Facilities Program. The EPA is proposing to disapprove a 
severable portion of the General Definition of ``modification of 
existing facility'' submitted on October 5, 2010. We are taking these 
actions under section 110, parts C and D of the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 1, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2010-0861, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Ms. Adina Wiley, (214) 
665-2115, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, (214) 665-2115, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

A. The CAA and SIPs

    The Act at Section 110(a)(2)(C) requires states to develop and 
submit to the EPA for approval into the SIP, preconstruction review and 
permitting programs applicable to certain new and modified stationary 
sources of air pollutants for attainment/unclassifiable and 
nonattainment areas that cover both major and minor new sources and 
modifications, collectively referred to as the NSR SIP. The CAA NSR SIP 
program is composed of three separate programs: Prevention of 
Significant Deterioration (PSD), Nonattainment New Source Review 
(NNSR), and Minor NSR. PSD is established in part C of title I of the 
CAA and applies in areas that meet the NAAQS--``attainment areas''--as 
well as areas where there is insufficient information to determine if 
the area meets the NAAQS--``unclassifiable areas.'' The NNSR SIP 
program is established in part D of title I of the CAA and applies in 
areas that are not in attainment of the NAAQS--

[[Page 26181]]

``nonattainment areas.'' The Minor NSR SIP program addresses 
construction or modification activities that do not emit, or have the 
potential to emit, beyond certain major source/major modification 
thresholds and thus do not qualify as ``major'' and applies regardless 
of the designation of the area in which a source is located. Any 
submitted SIP revision must meet the applicable requirements for SIP 
elements in section 110 of the Act, and be consistent with all 
applicable statutory and regulatory requirements. The EPA regulations 
governing the criteria that states must satisfy for EPA approval of the 
NSR programs as part of the SIP are contained in 40 CFR 51.160 through 
51.166. Regulations specific to Minor NSR programs are contained in 40 
CFR 51.160 through 51.164. Texas submitted the revisions to the General 
Definitions as revisions to the Texas SIP applicable to the entirety of 
the Texas NSR Program. The provisions specific to the Qualified 
Facilities Program have been submitted for inclusion in the State's 
Minor NSR program.

B. Overview of the Revisions to the General Definitions for the Texas 
NSR Program

    The General Definitions germane to the implementation of the Texas 
NSR Program are contained in the Texas Administrative Code (TAC) at 30 
TAC Section 116.10. The October 5, 2010, submitted revisions include 
substantive revisions to the definition of ``Best Available Control 
Technology (BACT)'', substantive revisions to the definition of 
``modification of existing facility'', deletion of definitions specific 
to the Minor NSR Qualified Facilities Program that have been moved to a 
new section for Qualified Facilities definitions, non-substantive edits 
to improve clarity throughout the definitions, and renumbering of the 
existing SIP-approved definitions to account for the other edits. On 
March 25, 2011, the TCEQ resubmitted the revisions to the General 
Definitions at 30 TAC Section 116.10 that were submitted on March 13, 
1996; July 22, 1998; September 11, 2000; September 4, 2002. As such, 
the portions of these prior submittals that have not already been 
addressed by the EPA are before us for review.

C. Overview of the Texas Minor NSR Qualified Facilities Program

    The Texas Minor NSR Qualified Facilities Program was authorized 
under Texas Senate Bill 1126, 74th Texas Legislature, to create a 
streamlined Minor NSR mechanism to authorize minor changes at existing 
facilities that are not subject to federal major source requirements 
under PSD or NNSR. The program authorizes changes at existing permitted 
facilities by allowing the participating facilities to trade permitted 
emission allowables. Changes at qualified facilities cannot result in 
the emission of an air contaminant not previously emitted, the 
construction of a new facility, a reduction in emission control 
efficiency, a net increase in allowable emissions, or any increases in 
actual emissions that exceed applicable major source thresholds.

D. Overview of the Texas Permit Renewal Requirements

    Requirements for the renewal of air permits issued under 30 TAC 
Chapter 116 are provided under 30 TAC Chapter 116, Division D. The EPA 
has SIP-approved the majority of this division; the exception being the 
provision in 30 TAC Section 116.311 exempting changes authorized as a 
qualified facility from the requirement to obtain a permit renewal. The 
revisions remaining before us pertaining to Qualified Facilities were 
submitted to 30 TAC Section 116.311 on July 22, 1998 and September 4, 
2002.

II. The EPA's Evaluation

A. Revisions to the General Definitions for Texas NSR

    The TCEQ revised the General Definitions at 30 TAC Section 116.10 
on September 5, 2010 and submitted these revisions for inclusion in the 
Texas NSR SIP on October 5, 2010. The TCEQ submitted a clarification 
letter to the EPA on March 25, 2011, that resubmitted prior rulemakings 
addressing the General Definitions at 30 TAC Section 116.10; 
specifically the rulemakings and records associated with SIP submittals 
dated March 13, 1996; July 22, 1998; September 11, 2000; and September 
4, 2002. We note that the July 22, 1998 submittal repealed and replaced 
the March 13, 1996 submittal of 30 TAC Section 116.10. Therefore, the 
EPA has determined that the March 13, 1996 revisions to 30 TAC Section 
116.10 are no longer before us for review. We are only addressing the 
pieces of the General Definition submittals that have yet to be finally 
acted upon by the EPA.
    The EPA has taken several actions over the years to approve and 
disapprove specific components of the General Definitions into the 
Texas SIP. Our actions are dated August 28, 2007 (72 FR 49198); April 
14, 2010 (75 FR 19468); and November 17, 2011 (76 FR 71260). The 
Technical Support Document (TSD) accompanying this proposal provides a 
detailed history of our past actions.
    Today's proposal addresses the remaining submitted revisions to the 
General Definitions from July 22, 1998 through the current version of 
the General Definitions submitted on October 5, 2010. The following is 
a summary of the EPA's evaluation of the submitted revisions to the 
General Definitions.
     On October 5, 2010, the TCEQ submitted a substantive 
revision to the definition of ``best available control technology 
(BACT)'' at 30 TAC Section 116.10(1). The definition initially 
submitted on July 22, 1998 at 30 TAC Section 116.10(3) was disapproved 
by the EPA on September 15, 2010. See 75 FR 56424. On September 15, 
2010, the TCEQ substantively revised the definition of ``BACT'' and 
submitted this revised definition for SIP approval on October 5, 2010 
at 30 TAC Section 116.10(1). The revised definition of BACT at 30 TAC 
Section 116.10(1) clarifies how the TCEQ defines BACT for NSR 
permitting. The Texas SIP at 30 TAC Section 116.111(a)(2)(C) requires 
that BACT must be evaluated and applied to all facilities subject to 
the Texas Clean Air Act. Section 116.111(a)(2)(C) further clarifies 
that applications subject to PSD requirements under Title I Part C of 
the CAA must comply with the provisions of BACT as defined in the Texas 
SIP at 30 TAC Section 116.160(c)(1)(A). Thus, the Texas SIP has two 
definitions for BACT--the definition at 30 TAC Section 116.10(1) 
creates what is generally referred to as ``Texas BACT'' and will be 
applied to all Texas NSR permitting actions, major and minor. The 
``federal BACT'' requirements are applied to PSD permits in accordance 
with the Texas PSD SIP. The EPA finds that the revisions to the 
definition of ``BACT'' at 30 TAC Section 116.10(1) are approvable.
     On October 5, 2010, the TCEQ submitted substantive 
revisions to the NSR definition of ``modification of existing 
facility'' at 30 TAC Section 116.10(9). The EPA has approved portions 
of this definition into the Texas SIP, but we are proposing to act on 
the remaining components of this definition as initially adopted on 
June 17, 1998 and submitted July 22, 1998; as further revised through 
submittals dated September 11, 2000; September 4, 2002; and October 5, 
2010. The EPA proposes to approve the outstanding provisions in the 
definition of ``modification of existing facility'' at 30 TAC Section 
116.10(9) as submitted on October 5, 2010, as a portion of the Texas 
NSR program, with the exception of the

[[Page 26182]]

severable subparagraph (F) as discussed below. Each subparagraph 
provides a Minor NSR mechanism by which a facility can be changed 
without a case-by case Minor NSR permit amendment:
    [cir] 30 TAC Section 116.10(9)(A) provides for the use of permits 
by rule (PBRs) to be used for the insignificant increases of already 
authorized air contaminants. The EPA has SIP-approved the Texas PBR 
program under 30 TAC Chapter 106 as a component of the Texas Minor NSR 
program. As such, we find that use of a PBR for insignificant increases 
for an already authorized air contaminant should not be considered as 
part of the modification of an existing facility. We are proposing 
approval of this provision as initially adopted on June 17, 1998 and 
submitted on July 22, 1998; and further revised on September 15, 2010 
and submitted on October 5, 2010.
    [cir] The current Texas SIP includes the definition of 
``modification of existing facilities'' at 30 TAC Section 116.10(11)(C) 
and (D). On October 5, 2010, the TCEQ submitted non-substantive 
renumbering of these provisions to new 30 TAC Section 116.10(9)(B) and 
(C) as adopted on September 15, 2010. This non-substantive renumbering 
is approvable.
    [cir] 30 TAC Section 116.10(9)(D) establishes the criteria for a 
facility to become ``qualified.'' This definition is necessary for the 
implementation of the Texas Minor NSR Qualified Facilities Program and 
is therefore approvable under 40 CFR 51.160 as defining the scope of 
the Minor NSR program;
    [cir] 30 TAC Section 116.10(9)(E) is already SIP-approved with 
respect to flexible permits. See 79 FR 40666, July 14, 2014.
    [cir] 30 TAC Section 116.10(9)(F) provides for modifications to be 
made at natural gas processing facilities without a case-by case 
permit.\1\ On November 17, 2011, the EPA disapproved the subparagraph 
(G) portion of the ``modification of existing facility'' definition at 
30 TAC Section 116.10(11) as submitted on July 22, 1998 and further 
revised on September 4, 2002. We previously disapproved subparagraph 
(G) because it was not clearly limited to Minor NSR and we could not 
demonstrate whether this exemption met the anti-backsliding 
requirements of CAA 110(l). See 76 FR 71260. The TCEQ resubmitted this 
identical provision in the October 5, 2010 submittal, renumbered to be 
30 TAC Section 116.10(9)(F), and we are reviewing the resubmitted 
subparagraph (F) as a new revision to the Texas SIP. The exemption 
provides that changes at certain natural gas processing, treating, or 
compression facilities are not modifications if the change does not 
result in an annual emissions rate of any air contaminant in excess of 
the volume for grandfathered facilities. The ``annual emissions rate'' 
is the same as the ``volume emitted at maximum design capacity;'' 
therefore, this would provide an exemption for those sources from 
permit review for any emission increases at these facilities. The 
requirements of 40 CFR 51.160(e) allow a state to identify facilities 
that will be subject to review under its Minor NSR program and require 
its Minor NSR SIP to discuss the basis for determining which facilities 
will be subject to review. The submitted definition at 30 TAC Section 
116.10(9)(F), however, does not contain an applicability statement or 
regulatory provision limiting this type of change to Minor NSR. The 
TCEQ has not submitted any additional evidence to substantiate that 
this provision is only applicable to the Texas Minor NSR program. 
Further, the submittal does not include any explanation of the basis 
for exempting this type of change from the permitting SIP requirements. 
Without an analysis describing how this exemption does not negate the 
Major NSR SIP requirements and meets the Minor NSR SIP requirements in 
40 CFR 51.160 and the CAA's anti-backsliding requirements in section 
110(l), EPA has no basis to approve this exemption. As such, we propose 
to disapprove subparagraph (F) consistent with our prior final action.
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    \1\ Specifically, it exempts ``a change in the method of 
operation of a natural gas processing, treating, or compression 
facility connected to or part of a natural gas gathering or 
transmission pipeline which does not result in an annual emission 
rate of any air contaminant in excess of the volume emitted at the 
maximum designed capacity, provided that the facility is one for 
which: (i) Construction or operation started on or before September 
1, 1971, and at which either no modification has occurred after 
September 1, 1971, or at which modifications have occurred only 
under Chapter 106 of this title; or (ii) construction started after 
September 1, 1971, and before March 1, 1972, and which registered in 
accordance with TCAA, Sec.  382.060, as that section existed prior 
to September 1, 1991.'' 30 TAC section 116.10(9)(F).
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     On October 5, 2010, the TCEQ submitted a new definition of 
``qualified facility'' at 30 TAC Section 116.10(14); this definition is 
necessary for the implementation of the Texas Minor NSR Qualified 
Facilities Program and is therefore approvable under 40 CFR 51.160 as 
defining the scope of the Minor NSR program.
     On October 5, 2010, the TCEQ also submitted non-
substantive edits to the opening paragraph of the General Definitions 
to clarify an acronym and renumbering throughout the section of the 
existing SIP-approved definitions: ``dockside vessel,'' ``dockside 
vessel emissions,'' ``facility,'' ``federally enforceable,'' 
``grandfathered facility,'' ``lead smelting plant,'' ``maximum 
allowable emissions rate table (MAERT),'' ``new facility,'' ``new 
source,'' ``nonattainment area,'' ``public notice,'' and ``source''. 
These non-substantive edits are approvable.

B. The Texas Minor NSR Qualified Facilities Program

    On April 14, 2010, the EPA disapproved the Texas Qualified 
Facilities Program as submitted by the TCEQ on March 13, 1996; repealed 
and re-adopted on June 17, 1998, submitted on July 22, 1998; and 
revised on September 11, 2000 and September 4, 2002. See 75 FR 19468. 
In the final disapproval the EPA found that the Qualified Facilities 
Program was not approvable as a Minor NSR program and was not 
approvable as a substitute Major NSR program.
    On October 5, 2010, the TCEQ submitted a revised Qualified 
Facilities Program to address the April 14, 2010, identified 
deficiencies. Our evaluation demonstrates that the TCEQ has 
appropriately limited the Qualified Facilities Program to Minor NSR by 
requiring that each proposed change conduct a separate applicability 
determination under PSD and NNSR to ensure no federal major source 
permitting requirements are circumvented. The Texas Qualified 
Facilities Program enables an existing permitted facility to increase 
allowable emissions, provided that another permitted facility has a 
corresponding decrease in permit allowable emissions; resulting in no 
net increase in permitted emission allowables.\2\ Each of the 
facilities in the qualified transaction will have an existing permit 
authorized under the Texas NSR SIP at 30 TAC Chapter 106 (Permits by 
Rule (PBR)) or Chapter 116 (PSD, NNSR, Minor NSR, or standard permit). 
To ensure the changes in emission allowables will be enforceable, the 
Texas Qualified Facilities Program requires sources to document the 
transaction through the submittal of a P1-E form and to revise the 
underlying existing permits under the requirements of 30 TAC Section 
116.111 or through a revision to the existing PBR registration at 30 
TAC

[[Page 26183]]

Section 106.6.\3\ The netting of emission allowables will not result in 
interference with attainment and maintenance of the NAAQS, reasonable 
further progress, increment or any other requirement of the CAA because 
each of the underlying permits, or PBR, was issued as protective of air 
quality. A qualified facility change may result in an increase in 
actual emissions, but this increase is already authorized under the 
existing permitted allowables. A qualified facility cannot be used to 
authorize the emission of a new air contaminant or the construction of 
a new source. Further, a qualified facility cannot be used to lessen 
the already required level of control technology in the existing 
permits or reduce the permitted monitoring and recordkeeping 
requirements. Because the Texas Qualified Facilities Program will not 
reduce existing permit requirements nor result in a net increase in 
allowable emissions from the existing permitted facilities, the EPA 
proposes to find that the program is approvable as a component of the 
Texas Minor NSR program for authorizing changes at existing facilities 
without a specific permit modification. We are also proposing to find 
that the Qualified Facilities Program is an enforceable component of 
the Texas Minor NSR program because it requires that the existing NSR 
authorizations for the participating facilities are revised to document 
the changes in permitted allowable emission rates and sources are 
required to maintain documentation quantifying the increases and 
decreases in actual emissions associated with the change and all 
information necessary to demonstrate no adverse air quality impact.
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    \2\ Relying on permitted allowable emissions is appropriate for 
a Minor NSR permit program. The EPA has approved the Texas Minor NSR 
program as consistent with the federal requirements; therefore, the 
Texas Minor NSR program establishes allowable permit limits that are 
protective of the NAAQS and increment consistent with 40 CFR 51.160-
51.164. The trading of these permitted allowables will not result in 
a net increase in permitted allowables.
    \3\ We note that all of the requirements of 30 TAC Chapter 106, 
Subchapter A (which includes 30 TAC Section 106.6) and any 
preconstruction requirements under 30 TAC Chapter 116 are applicable 
requirements under the Texas title V program at 30 TAC Chapter 122. 
The EPA is not making a change to the approval status of the part 70 
program in Texas; rather we are noting that any permit revisions 
associated with a Qualified Facility transaction would also be part 
of the permit record for the source's title V permit.
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C. The Texas Permit Renewal Requirements

    The EPA is also reviewing revisions to the Permit Renewal 
Application procedures at 30 TAC Section 116.311. The TCEQ initially 
submitted a revision on July 22, 1998, at 30 TAC Section 116.311(a)(1) 
to specify that changes authorized under a qualified facility are not 
subject to the permit renewal requirements under 30 TAC Chapter 116. 
This provision was renumbered in the September 4, 2002 submittal to 30 
TAC Section 116.311(a)(2). Changes authorized under the Qualified 
Facilities Program are made enforceable by revisions to the underlying 
Chapter 116 permits or Chapter 106 PBR registration. Because there is 
not a specific permit issued for a Qualified Facility transaction, 
there is no ``Qualified Facility permit'' subject to permit renewal 
requirements. Rather, the underlying permits under Chapter 116 remain 
subject to the permit renewal requirements. Note that the permit 
renewal requirements at 30 TAC Section 116.311 do not apply to PBRs 
authorized under 30 TAC Chapter 106 or any portion of the Qualified 
Facility transaction authorized under 30 TAC Chapter 106. However, the 
federal regulations under the CAA do not require a permit renewal 
process for an approved NSR program. See 40 CFR 51.160-51.166.
    Because a change authorized under the Qualified Facilities Program 
does not result in a specific permit modification, such a change is not 
subject to the permit renewal requirements because there is not a 
permit action to renew. However, the underlying permit terms remain 
subject to the applicable permit renewal requirements.

D. Evaluation Under Section 110(l) of the CAA

    Under Section 110(l), the EPA cannot propose to approve a SIP 
revision that has not been developed with reasonable notice and public 
hearing. Nor can we propose to approve a revision that will worsen air 
quality. The October 5, 2010, submitted revisions to the Texas SIP were 
developed using the Texas SIP-approved process with adequate notice and 
comment procedures. Our analysis also indicates that the General 
Definitions, with the exception of the portion of ``modification of 
existing facilities'' pertaining to natural gas processing facilities, 
are necessary to implement the CAA required title I permitting programs 
in Texas. As such, these General Definitions will support the state's 
air quality programs and will not interfere with attainment, reasonable 
further progress or any other applicable requirements of the CAA. 
Additionally, the Minor NSR Qualified Facilities Program establishes a 
mechanism to allow modifications at existing, permitted facilities to 
occur without a permit revision by requiring an increase in permitted 
emission allowables to be offset by a corresponding decrease in 
permitted emission allowables at the same facility. Because the 
facilities participating in the Qualified Facilities Program have been 
previously authorized under SIP-approved permitted mechanisms, the 
permitted emission allowables have been developed such that there is no 
interference with attainment, reasonable further progress or any other 
applicable requirement of this chapter. Therefore, the EPA proposes to 
find that approval and implementation of the Qualified Facilities 
Program will not result in degradation of air quality.

III. Proposed Action

    Section 110(k)(3) of the Act states that the EPA may partially 
approve and partially disapprove a SIP submittal if we find that only a 
portion of the submittal meets the requirements of the Act. We are 
proposing to determine that the majority of the October 5, 2010 
revision to the Texas SIP is approvable because the submitted rules are 
adopted and submitted in accordance with the CAA and are consistent 
with the EPA's regulations regarding NSR and Minor NSR. Therefore, the 
EPA proposes to approve the following as a revision to the Texas SIP 
under section 110 and parts C and D of the CAA:
     Substantive and non-substantive revisions to the General 
Definitions at 30 TAC Section 116.10, as initially adopted on June 17, 
1998 and submitted on July 22, 1998 and revised through the October 5, 
2010 submittal, with the exception of 30 TAC Section 116.10(9)(F). Note 
that 30 TAC Section 116.10(5)(F) has not been submitted or proposed for 
inclusion in the Texas SIP.
     New section 30 TAC Section 116.17 establishing the 
definitions for the Minor NSR Qualified Facilities Program as adopted 
by the State on September 15, 2010 and submitted on October 5, 2010.
     Substantive revisions to 30 TAC Section 116.116(e)(1)-
(e)(11) creating the Texas Minor NSR Qualified Facilities Program as 
adopted by the State on September 15, 2010 and submitted on October 5, 
2010.
     New section 30 TAC Section 116.117 establishing the 
documentation and notification requirements for the Minor NSR Qualified 
Facilities Program as adopted by the State on September 15, 2010 and 
submitted on October 5, 2010. Note that 30 TAC Section 116.117(a)(4)(B) 
has not been submitted or proposed for inclusion in the Texas SIP.
     The SIP narrative titled ``Revisions to the State 
Implementation Plan (SIP) Concerning the Qualified Facility Program as 
Authorized by Senate Bill 1126'' as submitted on October 5, 2010.
     Revisions to 30 TAC Section 116.311(a)(2) as adopted by 
the State on June 17, 1998 and submitted on July 22,

[[Page 26184]]

1998; and further revised by the adoption of August 21, 2002 and the 
submitted on September 4, 2002.
    The EPA's approval, if finalized, would not make federally 
enforceable any Qualified Facility actions that were authorized by the 
State before the EPA's final approval of the Qualified Facilities 
Program is effective. The EPA is also proposing, that upon the final 
approval of today's action, we will amend 40 CFR 52.2273(b) to reflect 
that the Texas Minor NSR Qualified Facilities Program is an approved 
component of the Texas SIP. We also are proposing to delete 40 CFR 
52.2273(d)(1) because the EPA is now proposing approval of the general 
definition of BACT.
    We are also proposing to disapprove the severable portion of the 
definition of ``modification of existing facility'' at 30 TAC Section 
116.10(9)(F) pertaining to natural gas processing facilities as 
submitted on October 5, 2010. The EPA previously disapproved this 
provision on November 17, 2011. The state resubmitted the provision on 
October 5, 2010, unchanged with the exception of numbering and provided 
no additional evidence to substantiate inclusion in the Texas Minor NSR 
program or to address the anti-backsliding requirements under CAA 
section 110(l). As such, we continue to believe that this provision is 
not clearly limited to Minor NSR and should be disapproved as 
inconsistent with the requirements of section 110 of the Act and the 
EPA's regulations under 40 CFR 51.160 through 51.164 regarding Minor 
NSR. The provision in subparagraph (F) in the definition of 
``modification of existing facility'' that we are proposing to 
disapprove was not submitted to meet a mandatory requirement of the 
CAA. Therefore, if the EPA takes final action to disapprove 
subparagraph (F), no sanctions or Federal Implementation Plan clocks 
will be triggered. See CAA section 179(a).
    At this time the EPA is also proposing several unrelated 
corrections to the Texas SIP to accurately reflect recent federal final 
actions.
     We are proposing to correct 40 CFR 52.2270(c) to include 
30 TAC Section 116.112 as part of the Texas SIP. On December 7, 2005, 
the EPA approved 30 TAC Section 116.112--Distance Limitations as 
adopted by the TCEQ on January 14, 2004. See 70 FR 72720. As a result 
of this final approval, we included this provision in the table of EPA-
Approved Regulations in the Texas SIP at 40 CFR 52.2270(c). 30 TAC 
Section 116.112 was inadvertently removed from 40 CFR 52.2270(c) due to 
a typographical error in later final rulemaking. We have taken no 
action to remove the Distance Limitation provisions at 30 TAC Section 
116.112 from the Texas SIP; therefore, we are merely correcting a 
clerical error.
     The EPA is also proposing to correct 40 CFR 52.2270(c) to 
include the date and Federal Register citation for the EPA's final 
approval of 30 TAC Section 116.760 into the Texas SIP. This section was 
included in our final approval of the Texas Flexible Permits Program on 
July 14, 2014; however, the table in 40 CFR 52.2270(c) does not include 
the date or citation of EPA's approval. We are proposing to correct 
this inadvertent omission.
     Additionally, the EPA is proposing to delete 40 CFR 
52.2273(d)(4)(viii) because of our March 30, 2015 final approval. See 
80 FR 16573. We are also proposing to delete 40 CFR 52.2273(d)(5)(i) 
because of our February 14, 2014 final approval and 40 CFR 
52.2273(d)(5)(ii) because of our April 1, 2014 final approval. See 79 
FR 08861 and 79 FR 18183, respectively. As a result of the proposed 
deletions to 40 CFR 52.2273 described here, we will also consider 
renumbering this section to improve readability.
     Finally, we are proposing to clarify the SIP status of 30 
TAC Section 116.110(c). This section was returned to the TCEQ on June 
29, 2011, as it was inappropriately submitted for inclusion in the 
Texas SIP. As such, we propose to revise 40 CFR 52.2270(c) to specify 
that 30 TAC Section 116.110(c) is not in the SIP.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Texas regulations as described in the 
Proposed Action section above. We have made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. There is no burden imposed under the PRA because this action 
merely proposes to approve state permitting provisions that are 
consistent with the CAA and disapprove state permitting provisions that 
are inconsistent with the CAA.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action merely proposes to approve state permitting provisions that are 
consistent with the CAA and disapprove state permitting provisions that 
are inconsistent with the CAA; therefore this action will not impose 
any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector. This action merely 
proposes to approve state permitting provisions that are consistent 
with the CAA and disapprove state permitting provisions that are 
inconsistent with the CAA; and therefore will have no impact on small 
governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not apply on any Indian 
reservation land, any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, or non-reservation areas of 
Indian country. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may

[[Page 26185]]

disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. This 
action is not subject to Executive Order 13045 because it merely 
proposes to approve state permitting provisions that are consistent 
with the CAA and disapprove state permitting provisions that are 
inconsistent with the CAA.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action merely proposes to approve state 
permitting provisions that are consistent with the CAA and disapprove 
state permitting provisions that are inconsistent with the CAA.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: April 22, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-10225 Filed 4-29-16; 8:45 am]
 BILLING CODE 6560-50-P