
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62381-62387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21594]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0861; FRL-9950-32-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving and 
disapproving 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 
approving 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 disapproving 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: This rule is effective on October 11, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2010-0861. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, (214) 665-2115, 
wiley.adina@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our May 2, 
2016 proposal. See 81 FR 26180. In that document we proposed to approve 
the Texas Qualified Facilities Program as a component of the Texas 
Minor NSR program as submitted on October 5, 2010. We also proposed to 
approve several updates to the General Definitions for Permitting 
submitted from July 22, 1998 through October 5, 2010, with one 
exception. We proposed to disapprove the severable portion of the 
definition of ``modification of existing facility'' pertaining to 
modifications made at natural gas processing facilities without a case-
by-case permit as submitted on October 5, 2010. We received comments 
from three parties; our response to the comments received on our 
proposed action are summarized below.

II. Response to Comments

    Comment: We received two supportive comment letters from the Texas 
Commission on Environmental Quality (TCEQ) and the Texas Chemical 
Council, wherein the commenters reiterated the objectives of the 
proposed rulemaking and expressed support for the EPA finalizing as 
proposed.
    Response: The EPA appreciates the support of the commenters. No 
changes were made to the proposed rule as a result of these comments.
    Comment: The Lone Star Chapter of the Sierra Club submitted several 
comments regarding anti-backsliding requirements of the CAA. First, the 
commenter generally opposed any weakening in the Texas SIP if it fails 
to meet the anti-backsliding requirements of the CAA section 110(l) and 
stated that backsliding must not be allowed by the EPA in the Texas 
SIP. Second, the commenter provided a link to the TCEQ Agenda Item 
Request for the SIP Revision Adoption of the Houston-Galveston-Brazoria 
(HGB) Area Redesignation Substitute for the 1997 Eight-Hour Ozone 
National Ambient Air Quality Standard (NAAQS). The commenter stated 
that ``If Sierra Club understands this Texas SIP change correctly, part 
of the proposal would significantly change the threshold for emissions 
that would trigger such controls/trading. The netting trigger would 
increase substantially (from 5 to 40), a major source would change from

[[Page 62382]]

25 to 100, and a major modification would go from 25 to 40. Companies 
would be able to break a modification into multiple, smaller 
modifications and effectively avoid controls. Texas urban air quality 
would suffer death from 1000 cuts. This unacceptable backsliding change 
could be devastating to air quality. Companies that were planning major 
air quality control projects in hopes of trading credits for profit are 
choosing not to make those improvements, because their potential market 
would disappear because of the proposed loophole.''
    Response: The EPA understands the commenter's concern about 
backsliding. We evaluate proposed revisions to a SIP under CAA section 
110(l). This evaluation under section 110(l) is generally referred to 
as an ``anti-backsliding demonstration'' because it analyzes whether a 
proposed change to the SIP will result in ``backsliding''; i.e., the 
scenario where a change to the Texas SIP would result in worsening air 
quality that could interfere with an area's ability to attain or 
maintain the NAAQS or interfere with any other applicable requirements 
of the CAA. We believe that the commenter has three main concerns: (1) 
The commenter is generally concerned that approval of the Texas 
Qualified Facilities Program will result in backsliding in the Texas 
SIP; (2) the commenter is concerned that approval of the redesignation 
substitute for the 1997 8-hour ozone NAAQS in the HGB nonattainment 
area will result in backsliding; and (3) the commenter is concerned 
that the Texas Qualified Facilities Program will result in backsliding 
upon the approval of the redesignation substitute for the 1997 8-hour 
ozone NAAQS in the HGB nonattainment area. We address each of these 
three concerns below.
    First, as we explained in our proposed approval of the Texas 
Qualified Facilities Program at 81 FR 26180, 26182--26183, we have 
evaluated the program as a revision to the Texas Minor NSR SIP and with 
respect to the requirements of CAA section 110(l). Our evaluation shows 
that the program is designed to allow an existing permitted facility to 
increase allowable emissions, provided that another permitted facility 
has a corresponding decrease in permitted allowables.\1\ The program 
requires enforceable changes be made to the underlying permits or 
authorizations to reflect the new allowable emission rate for each 
facility, and prohibits any net increase in permitted allowable 
emissions. The relevant TCEQ authorizations and permitting programs 
have all been SIP approved; each of these programs require the TCEQ to 
issue an authorization or permit that will be protective of the NAAQS 
and air quality consistent with the general permitting requirements at 
40 CFR 51.160-51.164. As such, any existing permitted allowables have 
been issued at levels protective of air quality.\2\ Therefore if 
permitted facilities trade permitted allowable emission rates, there 
will be no backsliding in permitted allowable emissions. The inclusion 
of the qualified facilities changes into the relevant permits or 
authorizations further ensures that the changes are federally 
enforceable and will not violate Texas control strategies or interfere 
with attainment of the NAAQS, reasonable further progress, control 
measures, or PSD increment. See 35 TexReg 8944, 8960. The EPA continues 
to find that the Qualified Facilities Program will not result in 
backsliding of air quality requirements because the program is limited 
to permitted facilities and permitted emission allowables. No changes 
have been made to the proposed rule as a result of this comment.
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    \1\ The TCEQ has clarified in the preamble to the final adoption 
of the Qualified Facilities program that the term ``facility'' is 
consistent with the EPA's use of the term ``emissions unit.'' See 35 
TexReg 8944, 8960, October 1, 2010.
    \2\ Throughout this final rule, we use ``permitted allowables'' 
and ``permitted facilities'' to collectively refer to the allowable 
emission rates established via a SIP-approved authorization or 
permit program.
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    Regarding the commenter's second concern, that the proposed 
approval of the redesignation substitute in HGB for the 1997 8-hour 
ozone NAAQS will result in backsliding, the EPA finds that this general 
concern is not relevant to the proposed approval of the Texas Qualified 
Facilities program into the Texas Minor NSR SIP. The EPA has proposed a 
separate action on the redesignation substitute request for the 8-hour 
ozone NAAQS for HGB and invited the public to submit comments 
specifically on the effect of the redesignation substitute in this 
separate action. See the separate rulemaking docket EPA-R06-OAR-2015-
0609 and our proposed rulemaking at 81 FR 33166. We will address all 
comments received on the proposed redesignation substitute, including 
any comments received regarding the applicable major source and major 
modification thresholds in HGB, in this separate rulemaking action. No 
changes have been made to the proposed rule as a result of this 
comment.
    While we are not addressing general concerns about the impact of 
the redesignation substitute in the HGB area in this action, we do 
believe it is appropriate to address the commenter's final concern that 
the use of the Qualified Facilities Program in HGB after the approval 
of the redesignation substitute will result in backsliding. The 
commenter is correct that if and when the redesignation substitute is 
effective, the major source and major modification thresholds in HGB 
will increase because the only applicable nonattainment area 
designation in HGB will be the marginal designation for the 2008 8-hour 
ozone NAAQS. 40 CFR 81.344. The EPA believes it is likely that more new 
sources and modifications will be permitted under the SIP-approved 
Texas Minor NSR mechanisms as a result of the increased thresholds. 
While we anticipate an increase in the number of Minor NSR permitting 
actions and a correlative decrease in Major NSR permitting actions, we 
cannot predict whether more changes will occur using the Qualified 
Facilities Program versus other SIP-approved Minor NSR mechanisms. 
However, we disagree that any increase in usage of the Qualified 
Facilities Program under the applicable thresholds will result in 
backsliding of air quality requirements in the HGB nonattainment area. 
The Texas SIP includes a suite of approved permitting regulations for 
both Minor and Major NSR, which will continue to apply in the event of 
approval of the redesignation substitute in the HGB area. Each of these 
programs has been evaluated and approved by EPA as consistent with the 
requirements of the CAA and protective of air quality, including the 
requirements at 40 CFR 51.160 whereby the TCEQ cannot issue a permit or 
authorize an activity that will result in a violation of applicable 
portions of the control strategy or that will interfere with attainment 
or maintenance of a national standard. So moving forward to a time when 
the HGB area has a marginal designation as the only applicable 
nonattainment designation, new sources and modifications will continue 
to be permitted and authorized under the existing SIP requirements if 
they are determined to be protective of air quality. As explained in 
our proposed rulemaking, the Qualified Facilities Program can only be 
used by facilities with existing permits or authorizations--that means 
participating facilities were either permitted and authorized under the 
1997 8-hour ozone requirements or will have to be authorized/permitted 
under the new 2008 8-hour ozone requirements before a qualified change 
occurs. Regardless, each participating facility will have a permitted 
allowable

[[Page 62383]]

emission rate that may be increased commensurate with a simultaneous 
decrease in another permitted allowable emission rate; resulting in no 
net allowable increase. As explained in our proposed approval, relying 
on permitted allowable emissions is appropriate for a Minor NSR 
program. Further, a source can only use netting under the Qualified 
Facilities Program to the extent that any net increase in actual 
emissions is below the applicable major source threshold. Because the 
permitted allowable emission rates are established, or will be 
established, by the TCEQ as protective of air quality and the NAAQS, we 
continue to maintain that the use of the Qualified Facilities Program 
will function as proposed and will not result in backsliding. No 
changes have been made to the proposed rule as a result of this 
comment.
    We also disagree that companies could legally break what would 
otherwise be major modifications into multiple, smaller changes using 
the Qualified Facilities Program to effectively avoid controls. The EPA 
views this practice as circumvention of Major NSR requirements. Based 
on our regulations, policy and guidance, any company circumventing 
Major NSR requirements by breaking modifications into multiple, smaller 
modifications or changes would be subject to possible enforcement 
actions.\3\
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    \3\ See 54 FR 27274, June 28, 1989. See also, EPA's June 13, 
1989, Guidance on Limiting Potential to Emit in New Source 
Permitting; EPA's September 18, 1989, Response to the Request for 
Clarification of Policy Regarding the ``Net Emissions Increase''; 
EPA's June 23, 1993, Memorandum on the Applicability of New Source 
Review Circumvention Guidance to 3M, Maplewood Minnesota; 75 FR 
19570-71, April 15, 2010 (proposed rule); and EPA's August 26, 2011 
Letter from Stephen Page, OAQPS, to David Isaacs, Semiconductor 
Industry Association, pages 6-8. All of these documents are included 
in the docket for this rulemaking.
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III. Final 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 find 
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 approves 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.
     Revisions to 30 TAC Section 116.311(a)(2), providing that 
revisions authorized under the Qualified Facilities Program are not 
subject the permit renewal provisions \4\ under 30 TAC Section 116.311, 
as adopted by the State on June 17, 1998 and submitted on July 22, 
1998; and further revised by the adoption of August 21, 2002 and 
submitted on September 4, 2002.
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    \4\ Note that 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.
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     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.
    The EPA's approval does not make federally enforceable any 
Qualified Facility actions that were authorized by the State before the 
effective date of the EPA's final approval of the Qualified Facilities 
Program. Additionally, as a result of today's final approval, we are 
revising the existing provisions in 40 CFR 52.2270(c) and (e) to show 
the correct approval status of the Texas Minor NSR Qualified Facilities 
program. We are also deleting the provisions codifying our prior 
disapproval of the Texas Minor NSR Qualified Facilities program at 40 
CFR 52.2273(b)(1)(iii), (b)(1)(iv), and (b)(2)-(4), and our prior 
disapproval of the definition of ``BACT'' at 40 CFR 52.2273(d)(1)(i).
    We are also disapproving 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, as promulgated at 30 TAC Section 116.10(11)(G) in the March 13, 
1996; July 22, 1998 and the September 4, 2002 Texas SIP submittals. The 
state resubmitted the provision on October 5, 2010, unchanged with the 
exception of changing the numbering to 30 TAC Section 116.10(9)(F) 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 find that this provision is not clearly 
limited to Minor NSR and is disapprovable as inconsistent with the 
requirements of section 110 of the Act and the EPA's regulations under 
40 CFR 51.160-51.164 regarding Minor NSR. The provision in subparagraph 
(F) in the definition of ``modification of existing facility'' that we 
are disapproving was not submitted to meet a mandatory requirement of 
the CAA. Therefore, EPA is not imposing any sanctions and no Federal 
Implementation Plan clocks will be triggered. See CAA section 179(a).
    At this time the EPA is also finalizing several unrelated 
corrections to the Texas SIP to accurately reflect recent federal final 
actions.
     We are correcting 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 a 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 correcting 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 correcting this inadvertent 
omission.
     The EPA is clarifying the SIP status of 30 TAC Section 
116.110(c). This section was returned to the TCEQ on

[[Page 62384]]

June 29, 2011, as it was inappropriately submitted for inclusion in the 
Texas SIP. As such, we are revising 40 CFR 52.2270(c) to specify that 
30 TAC Section 116.110(c) is not part of Texas' approved SIP.
     Additionally, the EPA is substantially revising 40 CFR 
52.2273 to accurately reflect the disapproval status of the Texas SIP. 
We are deleting the following existing provisions; as a result of the 
deletions to 40 CFR 52.2273 described here, we are renumbering this 
section to improve readability.
    [cir] 40 CFR 52.2273(d)(4)(viii) because of our January 6, 2014 
final approval. See 79 FR 00551.
    [cir] 40 CFR 52.2273(d)(5)(i) because of our November 10, 2014 
final approval. See 79 FR 66626.
    [cir] 40 CFR 52.2273(d)(5)(ii) because of our April 1, 2014 final 
approval. See 79 FR 18183.
    [cir] 40 CFR 52.2273(f)(1) because of our April 1, 2014 final 
approval. See 79 FR 18183.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final 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 as identified in 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 
approves state permitting provisions that are consistent with the CAA 
and disapproves 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 or any other area of Indian country where the EPA or 
an Indian tribe has demonstrated that a tribe has jurisdiction. 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 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 that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. 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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 8, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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


[[Page 62385]]


    Dated: September 1, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by:
0
i. Revising the entries for Sections 116.10, 116.110, 116.116, 116.311, 
and 116.760.
0
ii. Adding entries for Sections 116.17, 116.112, and 116.117.
0
b. In paragraph (e), the table titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended 
by adding the entry ``Revisions to the State Implementation Plan (SIP) 
Concerning the Qualified Facility Program as Authorized by Senate Bill 
1126'' at the end of the table.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                   State approval/
        State citation            Title/subject       submittal       EPA approval date         Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.10................  Definitions......       9/15/2010  9/9/2016, [Insert       SIP does not include
                                                                    Federal Register        30 TAC Section
                                                                    citation].              116.10(5)(F) or
                                                                                            116.10(9)(F).
 
                                                  * * * * * * *
Section 116.17................  Qualified               9/15/2010  9/9/2016, [Insert       .....................
                                 Facility                           Federal Register
                                 Definitions.                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.110...............  Applicability....        8/9/2000  7/14/2014, 79 FR 40666  SIP includes 30 TAC
                                                                                            Section
                                                                                            116.110(a)(3)
                                                                                            adopted on 6/17/
                                                                                            1998.
                                                                                           SIP does not include
                                                                                            30 TAC Sections
                                                                                            116.110(a)(5),
                                                                                            116.110(c), or
                                                                                            116.110(d).
 
                                                  * * * * * * *
Section 116.112...............  Distance                1/14/2004  12/7/2005, 70 FR 72720  .....................
                                 Limitations.
 
                                                  * * * * * * *
Section 116.116...............  Changes to              9/15/2010  9/9/2016, [Insert       SIP does not include
                                 Facilities.                        Federal Register        30 TAC Section
                                                                    citation].              116.116(b)(3).
Section 116.117...............  Documentation and       9/15/2010  9/9/2016, [Insert       SIP does not include
                                 Notification of                    Federal Register        30 TAC Section
                                 Changes to                         citation].              116.117(a)(4)(B).
                                 Qualified
                                 Facilities.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Subchapter D--Permit Renewals
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 116.311...............  Permit Renewal          8/21/2002  9/9/2016, [Insert       SIP does not include
                                 Application.                       Federal Register        30 TAC Section
                                                                    citation].              116.311(a)(6).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Subchapter G: Flexible Permits
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 116.760...............  Flexible Permit        11/16/1994  7/20/2015, 80 FR 42729  .....................
                                 Renewal.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 62386]]



              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP provision          geographic or      submittal/       EPA approval date          Comments
                                 nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Revisions to the State           Statewide.........       9/15/2010  9/9/2016, [Insert       ...................
 Implementation Plan (SIP)                                            Federal Register
 Concerning the Qualified                                             citation].
 Facility Program as Authorized
 by Senate Bill 1126.
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.2273 is revised to read as follows:


Sec.  52.2273  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Texas' plan for the attainment and maintenance 
of the national standards.
    (b) The EPA is disapproving the following Texas SIP revisions 
submittals under 30 TAC Chapter 35--Emergency and Temporary Orders and 
Permits; Temporary Suspension or Amendment of Permit Conditions as 
follows:
    (1) The following provisions under 30 TAC Chapter 35, Subchapter 
A--Purpose, Applicability and Definitions:
    (i) 30 TAC Section 35.1--Purpose--adopted November 18, 1998 and 
submitted December 10, 1998.
    (ii) 30 TAC Section 35.2--Applicability--adopted November 18, 1998 
and submitted December 10, 1998.
    (iii) 30 TAC Section 35.3--Definitions--adopted November 18, 1998 
and submitted December 10, 1998.
    (2) The following provisions under 30 TAC Chapter 35, Subchapter 
B--Authority of the Executive Director:
    (i) 30 TAC Section 35.11--Purpose and Applicability--adopted 
November 18, 1998 and submitted December 10, 1998.
    (ii) 30 TAC Section 35.12--Authority of the Executive Director--
adopted November 18, 1998 and submitted December 10, 1998.
    (iii) 30 TAC Section 35.13--Eligibility of the Executive Director--
adopted November 18, 1998 and submitted December 10, 1998.
    (3) The following provisions under 30 TAC Chapter 35, Subchapter 
C--General Provisions:
    (i) 30 TAC Section 35.21--Action by the Commission or Executive 
Director--adopted November 18, 1998 and submitted December 10, 1998.
    (ii) 30 TAC Section 35.22--Term and Renewal of Orders--adopted 
November 18, 1998 and submitted December 10, 1998.
    (iii) 30 TAC Section 35.23--Effect of Orders--adopted November 18, 
1998 and submitted December 10, 1998.
    (iv) 30 TAC Section 35.24--Application for Emergency or Temporary 
Orders--adopted November 18, 1998 and submitted December 10, 1998. No 
action is taken on subsection (b) and paragraphs (e)(6)-(7) which are 
outside the scope of the SIP.
    (v) 30 TAC Section 35.25--Notice and Opportunity for Hearing--
adopted November 18, 1998 and submitted December 10, 1998. No action is 
taken on paragraphs (e)(1)-(8) and (11)-(15) which are outside the 
scope of the SIP.
    (vi) 30 TAC Section 35.26--Contents of Emergency or Temporary 
Order--adopted November 18, 1998 and submitted December 10, 1998.
    (vii) 30 TAC 35.27--Hearing Required--adopted November 18, 1998 and 
submitted December 10, 1998.
    (viii) 30 TAC Section 35.28--Hearing Requests--adopted November 18, 
1998 and submitted December 10, 1998.
    (ix) 30 TAC Section 35.29--Procedures for a Hearing--adopted 
November 18, 1998 and submitted December 10, 1998.
    (x) 30 TAC Section 35.30--Application Fees--adopted November 18, 
1998 and submitted December 10, 1998.
    (4) The following provisions under 30 TAC Chapter 35, Subchapter 
K--Air Orders:
    (i) 30 TAC Section 35.801--Emergency Orders Because of a 
Catastrophe--adopted November 18, 1998 and submitted December 10, 1998; 
revised June 28, 2006 and submitted July 17, 2006.
    (ii) 30 TAC Section 35.802--Applications for an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 
116.411); revised November 18, 1998 and submitted December 10, 1998 (as 
redesignated to 30 TAC 35.802); revised June 28, 2006 and submitted 
July 17, 2006.
    (iii) 30 TAC Section 35.803--Public Notification--adopted August 
16, 1993 and submitted August 31, 1993 (as 30 TAC 116.412); revised 
November 18, 1998 and submitted December 10, 1998 (as redesignated to 
30 TAC 35.803).
    (iv) 30 TAC Section 35.804--Issuance of an Emergency Order--adopted 
November 18, 1998 and submitted December 10, 1998; revised June 28, 
2006 and submitted July 17, 2006.
    (v) 30 TAC Section 35.805--Contents of an Emergency Order--adopted 
August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.415); 
revised November 18, 1998 and submitted December 10, 1998 (as 
redesignated to 30 TAC 35.805); revised June 28, 2006 and submitted 
July 17, 2006.
    (vi) 30 TAC Section 35.806--Requirement to Apply for a Permit or 
Modification--adopted August 16, 1993 and submitted August 31, 1993 (as 
30 TAC 116.416); revised November 18, 1998 and submitted December 10, 
1998 (as redesignated to 30 TAC Section 35.806).
    (vii) 30 TAC Section 35.807--Affirmation of an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 
116.414); revised November 18, 1998 and submitted December 10, 1998 (as 
redesignated to 30 TAC Section 35.807); revised June 28, 2006 and 
submitted July 17, 2006.
    (viii) 30 TAC Section 35.808--Modification of an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 
Section 116.417); revised November 18, 1998 and submitted December 10, 
1998 (as redesignated to 30 TAC Section 35.808); revised June 28, 2006 
and submitted July 17, 2006.
    (ix) 30 TAC Section 35.809--Setting Aside an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 
Section 116.418); revised November 18, 1998 and submitted December 10, 
1998 (as redesignated to 30 TAC Section 35.809).

[[Page 62387]]

    (c) The EPA is disapproving the Texas SIP revision submittals under 
30 TAC Chapter 101--General Air Quality Rules as follows:
    (1) The following provisions under 30 TAC Chapter 101, Subchapter 
F--Emissions Events and Scheduled Maintenance, Startup, and Shutdown 
Activities:
    (i) 30 TAC Section 101.222 (Demonstrations): Sections 101.222(h), 
101.222(i), and 101.222(j), adopted December 14, 2005, and submitted 
January 23, 2006.
    (ii) [Reserved]
    (2) [Reserved]
    (d) The EPA is disapproving the following Texas SIP revisions 
submittals under 30 TAC Chapter 116--Control of Air Pollution by 
Permits for New Construction and Modification as follows:
    (1) The following provisions under 30 TAC Chapter 116, Subchapter 
A--Definitions:
    (i) Definition of ``actual emissions'' in 30 TAC Section 116.10(1), 
submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and 
submitted July 22, 1998;
    (ii) Definition of ``allowable emissions'' in 30 TAC Section 
116.10(2), submitted March 13, 1996; repealed and re-adopted June 17, 
1998 and submitted July 22, 1998; and submitted September 11, 2000.
    (iii) Definition of ``modification of existing facility'' 
pertaining to oil and natural gas processing facilities adopted 
February 14, 1996 and submitted on March 13, 1996 at 30 TAC Section 
116.10(11)(G); repealed and re-adopted June 17, 1998, submitted July 
22, 1998; adopted August 21, 2002, and submitted September 4, 2002.
    (iv) Definition of ``modification of existing facility'' pertaining 
to oil and natural gas processing facilities adopted September 15, 
2010, and submitted October 5, 2010, as 30 TAC Section 116.10(9)(F).
    (2) The following provisions under 30 TAC Chapter 116, Subchapter 
B--New Source Review Permits:
    (i) 30 TAC Section 116.118 submitted March 13, 1996 and repealed 
and re-adopted June 17, 1998 and submitted July 22, 1998.
    (ii) [Reserved]
    (3) The following provision under 30 TAC Chapter 116, Subchapter 
K--Emergency Orders: 30 TAC Section 116.1200--Applicability, adopted 
August 16, 1993 and submitted August 31, 1993 (as 30 TAC Section 
116.410); revised November 18, 1998 and submitted December 10, 1998; 
revised January 11, 2006 and submitted February 1, 2006 (as 
redesignated to 30 TAC Section 116.1200).
    (e) The EPA is disapproving the attainment demonstration for the 
Dallas/Fort Worth Serious ozone nonattainment area under the 1997 ozone 
standard submitted January 17, 2012. The disapproval applies to the 
attainment demonstration, the determination for reasonably available 
control measures, and the attainment demonstration motor vehicle 
emission budgets for 2012.

[FR Doc. 2016-21594 Filed 9-8-16; 8:45 am]
 BILLING CODE 6560-50-P


