
[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Proposed Rules]
[Pages 32333-32340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13872]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0978; FRL-9315-3]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the New Source Review (NSR) State Implementation Plan 
(SIP); Permit Renewals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 the 
Permit Renewals. These portions of the SIP revisions proposed for 
approval address the following requirements related to Permit Renewals: 
Notification of permit holder, permit renewal application, and review 
schedule. EPA finds that these changes to the Texas SIP comply with the 
Federal Clean Air Act (the Act or CAA) and EPA regulations and are 
consistent with EPA policies. EPA is proposing this action under 
section 110 of the Act.

DATES: Comments must be received on or before July 6, 2011.

[[Page 32334]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2010-0978 by one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    (2) E-mail: Mr. Stanley M. Spruiell at spruiell.stanley@epa.gov.
    (3) U.S. EPA Region 6 ``Contact Us'' Web site: 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-
2010-0978. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http//www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through 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 spruiell.stanley@epa.gov.

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

Table of Contents

I. The State's Submittals
    A. What is the background of the Texas permit renewal program?
    B. What changes did the State submit?
II. What action is EPA proposing to take?
III. EPA's Evaluation
    A. Section 30 TAC 116.310--Notification of Permit Holder
    1. What is the background of 30 TAC 116.310?
    2. What did Texas submit for 30 TAC 116.310?
    3. What is EPA's evaluation of the submitted revisions to 30 TAC 
116.310?
    B. Section 30 TAC 116.311--Permit Renewal Application
    1. What is the background of 30 TAC 116.311?
    2. What did Texas submit for 30 TAC 116.311?
    3. What is EPA's evaluation of the submitted revisions to 30 TAC 
116.311?
    C. Section 30 TAC 116.314--Review Schedule
    1. What is the background of 30 TAC 116.314?
    2. What did Texas submit for 30 TAC 116.314?
    3. What is EPA's evaluation of the submitted revisions to 30 TAC 
116.314?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. The State's Submittals

A. What is the background of the Texas permit renewal program?

    In this action, EPA is proposing to approve revisions to the Texas 
regulations relating to renewal of preconstruction permits. The rules 
for permit renewals are currently approved in the Texas SIP under 30 
TAC 116.310, 116.311, 116.312, 116.313, 116.314, and 116.315. EPA 
approved these rules on March 10, 2006 (71 FR 12285), and revisions on 
March 20, 2009 (74 FR 11851), and March 11, 2010 (75 FR 11464). The 
approved rules require each preconstruction permit to be renewed every 
ten years. Permit renewal is approved based upon a demonstration in the 
renewal application that the permitted facility will operate in 
accordance with all requirements and conditions of the existing permit, 
including representations in the application to construct, and 
subsequent amendments, any previously granted renewal, and the 
compliance history of the facility. Although preconstruction permits 
must remain in effect as long as the source operates and until voided 
under the approved implementation procedures, periodic renewal of 
preconstruction permits is neither required nor prohibited under the 
Act or Federal Regulations.

B. What changes did the State submit?

    On December 15, 1995; July 22, 1998; and September 4, 2002; the 
State of Texas submitted revisions to the Texas State Implementation 
Plan (SIP) concerning the Permit Renewals under Title 30 of the Texas 
Administrative Code (30 TAC), Chapter 116--Control of Air Pollution by 
Permits for New Construction or Modification, Subchapter D--Permit 
Renewals. The

[[Page 32335]]

December 15, 1995, revisions to these provisions were superseded and 
rendered moot by revisions submitted to EPA on July 22, 1998, because 
the latter submittal repealed and replaced the earlier versions of the 
same provisions addressed in the December 15, 1995, submittal. 
Submitted revisions included changes to 30 TAC 116.310--Notification of 
Permit Holder, 30 TAC 116.311--Permit Renewal Application, 30 TAC 
116.312--Public Notification and Comment Procedures, 30 TAC 116.313--
Renewal Application Fees, 30 TAC 116.314--Review Schedule, and 30 TAC 
116.315--Permit Renewal Submittal. In this proposed action, we are 
addressing submitted revisions to 30 TAC 116.310, 116.311, and 116.314.
    Section 30 TAC 116.310--Notification of Permit Holder--is currently 
approved as adopted by Texas on August 16, 1993, approved March 10, 
2006 (71 FR 12285). Today, we propose to approve revisions adopted by 
Texas on November 16, 1995 (submitted December 15, 1995) and June 17, 
1998 (submitted July 22, 1998).
    Section 30 TAC 116.311--Permit Renewal Application--is currently 
approved as adopted by Texas on April 6, 1994, approved March 10, 2006 
(71 FR 12285). The requirements of subsection (c) were later removed 
from 30 TAC 116.311 and added to Section 116.315 and approved by EPA on 
March 11, 2010, 75 FR 11464. Today, we propose to approve other 
revisions adopted by Texas on November 16, 1995 (submitted December 15, 
1995); June 17, 1998 (submitted July 22, 1998); and August 21, 2002 
(submitted September 4, 2002). Today's proposed action does not address 
severable revisions to 30 TAC 116.311(a)(2) submitted December 15, 
1995; July 22, 1998; and September 4, 2002. This provision was revised 
to exclude changes under the severable provisions relating to Qualified 
Facilities. EPA will review these revisions to 30 TAC 116.311(a)(2) in 
connection with separately submitted revisions to Texas Qualified 
Facilities Program, submitted October 5, 2010.
    Section 30 TAC 116.314--Review Schedule--is currently approved as 
adopted by Texas on August 16, 1993, approved March 10, 2006 (71 FR 
12285). Today, we propose to approve revisions adopted by Texas on 
November 16, 1995 (submitted December 15, 1995) and June 17, 1998 
(submitted July 22, 1998).
    Additional information related to these SIP submittals is contained 
in the Technical Support Document (TSD), which is in the docket for 
this action.
    The table below summarizes the changes that were submitted and are 
affected by this action. A summary of EPA's evaluation of each section 
and the basis for this proposal is discussed in section III of this 
preamble. The TSD includes a detailed evaluation of the referenced SIP 
submittals.

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                                                                        Date adopted by
            Section                     Title         Date submitted       the State             Comments
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30 TAC 116.310.................  Notification of          *12/15/1995       *11/16/1995  --Non-substantive
                                  Permit Holder.           *7/22/1998        *6/17/1998   changes to the
                                                                                          section.
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30 TAC 116.311.................  Permit Renewal           *12/15/1995       *11/16/1995  --Removed paragraphs
                                  Application.             *7/22/1998        *6/17/1998   (a)(1), (a)(3), and
                                                                                          (a)(4) and
                                                                                          redesignated existing
                                                                                          paragraphs (a)(2),
                                                                                          (a)(5), and (a)(6) to
                                                                                          paragraphs (a)(1)-
                                                                                          (a)(3), respectively.
                                                     ................  ................  --Added new paragraphs
                                                                                          (a)(4) and (a)(5).
                                                     ................  ................  --Added new subsection
                                                                                          (b).
                                                                                         --Revised and
                                                                                          redesignated existing
                                                                                          subsection (b) to new
                                                                                          subsection (c).
                                                             9/4/2002         8/21/2002  --Added new paragraph
                                                                                          (a)(1) and
                                                                                          redesignated existing
                                                                                          paragraphs (a)(1)-
                                                                                          (a)(5) to paragraphs
                                                                                          (a)(2)-(a)(6),
                                                                                          respectively.
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30 TAC 116.314.................  Review Schedule...       *12/15/1995       *11/16/1995  --Revised and
                                                           *7/22/1998        *6/17/1998   reorganized subsection
                                                                                          (a) into subsections
                                                                                          (a) and (b) and
                                                                                          revisions to these
                                                                                          subsections.
                                                     ................  ................  --Revised and
                                                                                          redesignated existing
                                                                                          subsections (b) and
                                                                                          (c) to subsections (c)
                                                                                          and (d), respectively.
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* Because Texas repealed and resubmitted each section under Subchapter D in its 7/22/1998 submittal, our
  analysis includes 12/15/95 and 7/22/98 SIP submittal together.

II. What action is EPA proposing to take?

    We have evaluated the SIP submissions for consistency with the CAA, 
NSR regulations for new and modified sources in 40 CFR Part 51, and the 
approved Texas SIP. We have also reviewed the rules for enforceability 
and legal sufficiency. On March 10, 2006, EPA approved revisions to 30 
TAC, Chapter 116--Control of Air Pollution by Permits for New 
Construction or Modification, Subchapter D--Permit Renewals, Sections 
116.310, 116.311, 116.312, 116.313, and 116.314. On March 11, 2010 (75 
FR 11464), EPA approved the removal of subsection (c) from 30 TAC 
116.311 and added those provisions to 30 TAC 116.315. Section 30 TAC 
116.312 relates to public participation and is severable from the 
remaining rules (see 75 FR 68291, 68294). We will address the 
requirements for public participation in a separate action when we act 
on the Texas rules relating to public participation, submitted July 12, 
2010. Under the CAA, EPA's statutory deadline to act on the revised 
public participation rules is January 12, 2012. The revisions to 30 TAC 
116.313 were approved in a separate action on March 20, 2009 (74 FR 
11851). The revisions to 116.315 were approved in a separate action on 
March 11, 2010 (75 FR 11464).
    This proposed action addresses revisions to 30 TAC 116.310, 
116.311, and 116.314, submitted December 15, 1995, and July 22, 1998, 
and revisions to 30 TAC 116.311 submitted September 4, 2002. A 
technical analysis of the submittals for the Permit Renewal Application 
and Permit Renewal Submittal sections has found that these changes are 
consistent with the CAA, 40 CFR Part 51 and EPA policies. Therefore, 
EPA proposes to approve the

[[Page 32336]]

revisions to 30 TAC 116.310, 116 .311,\1\ and 116.314 submitted on 
December 15, 1995; July 22, 1998; and September 4, 2002.
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    \1\ Except for 30 TAC 116.311(a)(2). See discussion in section 
III.B of this preamble for further information on these provisions.
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III. EPA's Evaluation

A. Section 30 TAC 116.310--Notification of Permit Holder

1. What is the background of 30 TAC 116.310?
    The currently approved provisions for 30 TAC 116.310 were submitted 
to EPA on August 31, 1993. EPA approved the submitted revisions on 
March 10, 2006 (71 FR 12285). These revisions became effective on May 
9, 2006.
2. What did Texas submit for 30 TAC 116.310?
    Since EPA's last approval for this section, TCEQ has submitted two 
SIP revisions to EPA for the Notification of Permit Holder in 30 TAC 
116.310 on December 15, 1995, and July 22, 1998. In this proposed 
action, we are proposing to approve the revisions of the existing 
provisions of section 116.310. The revisions submitted to this section 
include updated references to the current agency name and update of a 
state statutory citation to the current citation.
3. What is EPA's evaluation of the submitted revisions to 30 TAC 
116.310?
    These submitted revisions are non-substantive and do not change the 
underlying requirements of the section as currently approved. We 
propose to approve the revisions to 30 TAC 116.310 as submitted 
December 15, 1995, and July 22, 1998.

B. Section 30 TAC 116.311--Permit Renewal Application

1. What is the background of 30 TAC 116.311?
    The currently approved provisions for 30 TAC 116.311 were submitted 
to EPA on August 31, 1993, and April 29, 1994. EPA approved the 
submitted revisions on March 10, 2006 (71 FR 12285). These revisions 
became effective on May 9, 2006.
2. What did Texas submit for 30 TAC 116.311?
    Since EPA's last approval for this section, TCEQ has submitted 
three SIP revisions to EPA for the Permit Renewal Application section 
on December 15, 1995; July 22, 1998; and September 4, 2002. On March 
11, 2010, we approved the recodification and revision of the existing 
provisions of section 116.311(c) to a new section 116.315--Permit 
Renewal Submittal. In this proposed action, we are addressing the 
remaining revisions as described below, except for the revisions to 30 
TAC 116.311(a)(2) and (a)(6). This includes the following revisions:
    a. Revisions submitted December 15, 1995, and July 22, 1998.
    These revisions include:
     Removal of paragraphs (a)(1), (a)(3), and (a)(4), and the 
redesignation of existing paragraphs (a)(2), (a)(5), and (a)(6) to 
paragraphs (a)(1) through (a)(3), respectively;
     Addition of new paragraphs (a)(4) and (a)(5);
     Addition of new subsection (b); and
     Redesignation of existing subsection (b) to subsection (c) 
with non-substantive revisions.
    b. Revisions submitted September 4, 2002.
    These revisions include the addition of new paragraph (a)(1) and 
redesignation of existing paragraphs (a)(1) through (a)(5) to 
paragraphs (a)(2) through (a)(6), respectively.
    3. What is EPA's evaluation of the submitted revisions to 30 TAC 
116.311?
    a. The addition of new paragraph (a)(1).
    Texas submitted paragraph (a)(1) on September 4, 2002. This 
paragraph ensures that upon renewal, ``dockside vessel emissions 
associated with the permitted facility will comply with all rules and 
regulations of the commission and with the intent of the TCAA, 
including protection of the health and property of the public and 
minimization of emissions to the extent possible, consistent with good 
air pollution practices.'' This revision is consistent with the 
provision in the SIP-approved 30 TAC 116.111(a)(2) as it relates to 
associated dockside vessel emissions. See 72 FR 49198 (August 28, 
2007). The TCEQ obtained the authority to regulate dockside emissions 
under House Bill (HB) 3040, 77th Legislature, 2001 which amended the 
Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), Sec.  
382.065 (Acts 2001, 77th Legislature, Chapter 1166, Sec.  1). See page 
2 of the TCEQ's evaluation of the revisions submitted September 4, 
2002. The TCEQ further states:

    The commission determined that dockside vessels are facilities 
as defined in TCAA, Sec.  382.003(6), and thus subject to the 
requirements of Chapter 116. These emissions will require best 
available control technology (BACT) review, maximum allowable 
emission limitations, monitoring, testing, recordkeeping, and 
ambient air impacts review. The emissions originating from a 
dockside vessel that are the result of functions performed by 
onshore facilities or using onshore equipment include: Loading and 
unloading of liquid bulk materials, liquified gaseous materials, and 
solid bulk materials; cleaning and degassing liquid vessel 
compartments; and abrasive blasting and painting.

See page 4 of the TCEQ's evaluation of the revisions submitted 
September 4, 2002. Finally, concerning the revision to 30 TAC 116.311, 
the TCEQ states:

    The adopted amendment to Sec.  116.311, Permit Renewal 
Application, requires that owners or operators submit information 
that demonstrates that dockside emissions comply with all commission 
rules and regulations and the intent of the TCAA, including 
protection of the health and property of the public and the 
minimization of emissions to the extent practicable, consistent with 
good air pollution control practices. Existing dockside emissions 
will be reviewed for off-property effects considering magnitude, 
frequency, and duration.

See page 4 of the TCEQ's evaluation of the revisions submitted 
September 4, 2002. The addition of new paragraph (a)(1) ensures that 
permits to construct and permit renewals that pre-date TCEQ's rule 
change to regulate dockside emissions at 30 TAC 116.111(a)(2) are 
required at renewal to ensure all dockside emissions comply with the 
statute and regulations. We propose to approve the addition of 
paragraph (a)(1), submitted September 4, 2002.
    b. The removal of existing paragraph (a)(1).
    This paragraph provides that upon renewal the emissions from the 
facility will comply with all applicable specifications and 
requirements in the Texas Air Control Board (TACB) \2\ rules and the 
Texas Clean Air Act (TCAA). Texas submitted the removal of existing 
paragraph (a)(1) on December 15, 1995, and July 22, 1998. EPA believes 
this provision is redundant because the SIP already contains the 
substantive requirement at 30 TAC 116.115(b)(2)(H)(ii) requiring that 
``[i]f more than one state or Federal regulation or permit condition 
are applicable, the most stringent limit or condition shall govern and 
be the standard by which compliance shall be demonstrated.'' The SIP 
also provides TCEQ with the authority to re-evaluate a source's ability 
to comply with the statute and regulations at renewal, as provided in 
the existing SIP rule at 30 TAC 116.311(b), which is recodified to 30 
TAC 116.311(c) in this proposal. Because the proposed removal of this 
paragraph merely is the removal of a redundant requirement, it is not a 
relaxation of the SIP. Therefore,

[[Page 32337]]

approval of this revision will not interfere with attainment and 
reasonable further progress or any other applicable Federal 
requirement, as required by section 110(l) of the CAA. Accordingly, we 
propose to approve the removal of existing paragraph (a)(1), submitted 
December 15, 1995, and July 22, 1998.
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    \2\ The TACB is a predecessor agency to the TCEQ.
---------------------------------------------------------------------------

    c. Revisions to paragraph (a)(2).
    As currently approved, paragraph (a)(2) provides that upon renewal, 
facility is being operated in accordance with all requirements and 
conditions of the existing permit, including representations in the 
application for permit to construct and subsequent amendments, and any 
previously granted renewal. This paragraph was revised and redesignated 
to paragraph (a)(1) in the December 15, 1995, and July 22, 1998, SIP 
submittals. This paragraph was again redesignated to paragraph (a)(2) 
in the September 4, 2002, SIP submittal. The revisions submitted 
December 15, 1995, and July 22, 1998, as redesignated in the September 
4, 2002, SIP submittal, were revised to add a provision that excludes 
changes otherwise authorized for a Qualified Facility. The submitted 
revisions to paragraph (a)(2) are related to severable provisions that 
relate to Qualified Facilities that we disapproved on April 14, 2010 
(75 FR 19467) and to the separately submitted revisions to the 
Qualified Facilities Program on October 5, 2010. We propose to take no 
action on the severable submitted revision to paragraph (a)(2) relating 
to Qualified Facilities, and we will address these revisions in a 
separate action on the submitted revisions to the Qualified Facilities 
Program. The approved SIP will retain currently approved paragraph 
(a)(2) as adopted by Texas on April 4, 1994 (submitted April 29, 1994), 
and approved March 10, 2006.
    d. The removal of existing paragraph (a)(3).
    This paragraph required that upon renewal the facility will 
continue to have appropriate means to measure the emission of 
significant air contaminants as determined necessary by the Executive 
Director. Texas submitted the removal of paragraph (a)(3) on December 
15, 1995, and July 22, 1998. In its December 15, 1995 submittal, Texas 
stated:

    Existing Sec.  116.311(a)(3) also duplicates a requirement 
applicable to the original permit application. An applicant for a 
permit to construct must demonstrate that a facility will have 
provisions for measuring the emissions of significant air 
contaminants, including the installation of sampling ports and 
sampling platforms. When necessary, such requirements are written as 
conditions of the permit. The renewal review will determine whether 
a facility is in compliance with any sampling requirements in its 
permit. * * * [A]n owner/operator could not remove sampling ports or 
platforms in violation of permit conditions.
    Further, 30 TAC Sec.  101.9 provides independent authority for 
the TNRCC to require sampling ports and platforms when necessary. 
The existing Sec.  116.311(a)(3) was redundant and unnecessary.

See the December 15, 1995 SIP submittal at page 5 of the Section 
entitled ``Evaluation of Testimony.'' EPA believes this provision is 
redundant because the SIP already contains the substantive requirement 
in the rules at 30 TAC 101.9 and 30 TAC 116.111(a)(2)(B). These two SIP 
rules require the following:

    Any person, at the request of the Texas Natural Resource 
Conservation Commission (TNRCC or Commission), shall provide in 
connection with each flue a power source near the point of testing 
in addition to such sampling and testing facilities and sampling 
ports, including safe and easy access thereto, exclusive of 
instruments and sensing devices, as may be necessary for the 
Commission to determine the nature and quality of emissions which 
are or may be discharged as a result of source operations. Evidence 
and data based on these samples and calculations may be used to 
substantiate violations of the Act, rules, and regulations. Agents 
of the Commission shall be permitted to sample the stacks during 
operating hours.

30 TAC 101.9

    (B) Measurement of emissions. The proposed facility will have 
provisions for measuring the emission of significant air 
contaminants as determined by the executive director. This may 
include the installation of sampling ports on exhaust stacks and 
construction of sampling platforms in accordance with guidelines in 
the ``Texas Natural Resource Conservation Commission (TNRCC) 
Sampling Procedures Manual.''

30 TAC 116.111(a)(2)(B). Because the proposed removal of this paragraph 
merely is the removal of a redundant requirement, it is not a 
relaxation of the SIP. Therefore, approval of this revision will not 
interfere with attainment and reasonable further progress or any other 
applicable Federal requirement, as required by section 110(l) of the 
CAA. Accordingly, we propose to approve the removal of existing 
paragraph (a)(3), submitted December 15, 1995, and July 22, 1998.
    e. The removal of existing paragraph (a)(4).
    This paragraph required that upon renewal the facility will 
continue to use the control technology determined by the Executive 
Director to be economically reasonable and technically practicable 
considering the age of the facility and the impact of its emissions on 
the surrounding area. Texas submitted the removal of paragraph (a)(4) 
on December 15, 1995, and July 22, 1998. EPA believes that this 
provision is redundant because the SIP already provides for this 
substantive requirement at 30 TAC 116.311(a)(2) and 30 TAC 
116.111(a)(2)(C). Section 30 TAC 116.311(a)(2) provides that upon 
renewal, the facility is being operated in accordance with all 
requirements and conditions of the existing permit, including 
representations in the application for permits to construct and 
subsequent amendments, and any previously granted renewal. Therefore, 
the SIP-approved requirements 30 TAC 116.311(a)(2) require that upon 
renewal, a facility will continue to meet the requirements of 30 TAC 
116.111(a)(2)(C). This SIP rule requires that a proposed facility will 
utilize Best Available Control Technology (BACT), with consideration 
given to technical practicability and economic reasonableness of 
reducing or eliminating the emissions from the facility. Because the 
proposed removal of paragraph (a)(4) merely is the removal of a 
redundant requirement, it is not a relaxation of the SIP. Therefore, 
approval of the removal of 30 TAC 116.311(a)(4) will not interfere with 
attainment and reasonable further progress or any other applicable 
Federal requirement, as required by section 110(l) of the CAA.
    The removal of paragraph (a)(4) also removes a provision that 
allows director discretion relating to the control technology that 
could be utilized at a facility following renewal. Further, the TCEQ 
maintains the authority to impose, as a condition of renewal, 
additional requirements that it determines to be economically 
reasonable and technically practicable considering the age of the 
facility and the impact of its emissions on the surrounding area, as 
provided in the submitted revisions related to 30 TAC 116.311(b) (which 
is evaluated in section III.B.3.i of this preamble). Accordingly, we 
propose to approve the removal of existing paragraph (a)(4), submitted 
December 15, 1995, and July 22, 1998.
    f. Revisions to currently submitted paragraphs (a)(3) and (a)(4).
    These paragraphs are currently approved as paragraphs (a)(5) and 
(a)(6). These paragraphs require that upon renewal, the facility must 
continue to meet the applicable requirements of the New Source 
Performance Standards (required under section 111 of the Act and 40 CFR 
part 60) and the National Emission Standards for Hazardous Air 
Pollutants (required under section 112 of the Act and 40 CFR part 61). 
These

[[Page 32338]]

paragraphs were redesignated to paragraphs (a)(2) and (a)(3) with non-
substantive changes in revisions submitted December 15, 1995, and July 
22, 1998, and were again redesignated to paragraphs (a)(3) and (a)(4) 
in a revision submitted September 4, 2002, with no substantive changes. 
These changes are non-substantive revisions to the existing SIP. 
Accordingly, we propose to approve the redesignations and non-
substantive changes to these paragraphs as submitted December 15, 1995; 
July 22, 1998; and September 4, 2002.
    g. Addition of new paragraph (a)(5).
    This paragraph was submitted as paragraph (a)(4) on July 22, 1998, 
and then recodified to paragraph (a)(5), as submitted September 4, 
2002. This paragraph requires that upon renewal, the facility must 
continue to meet the applicable requirements of the maximum achievable 
control technology standard as listed under 40 CFR Part 63, promulgated 
by EPA under the authority of section 112 of the CAA, or as listed 
under 30 TAC Chapter 113, Subchapter C of this title (relating to 
National Emissions Standards for Hazardous Air Pollutants for Source 
Categories) (FCAA Sec.  112, 40 CFR 63). This paragraph ensures that 
upon renewal the facility continues to meet the requirements of the 
current SIP at 30 TAC 116.111(a)(2)(F) which requires permitted 
facilities to comply with the requirements of 40 CFR part 63. 
Accordingly, we propose to approve the addition of paragraph (a)(5) as 
submitted December 15, 1995; July 22, 1998; and September 4, 2002.
    h. Addition of new subsection (b).
    Texas submitted subsection (b) on December 15, 1995, and July 22, 
1998. This section provides that in addition to the requirements in 
subsection (a) of this section, if the TCEQ determines it necessary to 
avoid a condition of air pollution or to ensure compliance with 
otherwise applicable Federal or state air quality control requirements, 
then: (1) The applicant may be required to submit additional 
information regarding the emissions from the facility and their impacts 
on the surrounding area; and (2) the TCEQ shall impose as a condition 
for renewal those requirements the Executive Director determines to be 
economically reasonable and technically practicable considering the age 
of the facility and the impact of its emissions on the surrounding 
area. This new subsection provides the Executive Director of the TCEQ 
with authority to require additional information and to require 
additional requirements above and beyond the requirements stipulated in 
subsection (a) whenever the Executive Director deems such additional 
measures are necessary. EPA has already approved subsection (a) (as 
adopted by the State on April 6, 1994) as meeting the requirements of 
the Act and 40 CFR part 51. Because the requirements in subsection (b) 
are in addition to the requirements in subsection (a) of this section, 
and because EPA has approved subsection (a), subsection (b) can only be 
used to impose additional measures when the Executive Director deems 
them necessary. Subsection (b) does not authorize the Executive 
Director to use the permit renewal process to relax terms and 
conditions of the existing permit. Such relaxations of the existing 
permit must be authorized through the SIP-approved procedures for 
changing a permit under 30 TAC 116, Chapter 116, Subchapter B--New 
Source Review Permits.\3\ Further, the addition of subparagraph (b) 
provides a mechanism to ensure that upon renewal, the permit continues 
to meet the approved SIP requirements at 30 TAC 116.111(a)(2)(A)(1) 
which requires the initial permit must ``comply with all rules and 
regulations of the commission and with the intent of the TCAA, 
including protection of the health and property of the public.'' The 
addition of subsection (b) provides TCEQ with a mechanism to impose 
additional requirements at renewal when TCEQ deems it necessary to 
address changes in air quality or changes to applicable Federal and 
state requirements that may occur after issuance of the initial permit. 
We therefore find that the submitted revision to add subsection (b) to 
30 TAC 116.311 meets section 110(a)(2)(C) of the Act and 40 CFR part 
51; and does not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the Act. Accordingly, we propose to approve the addition 
of the new subsection (b) to the SIP.
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    \3\ Also see the SIP approved rule at 30 TAC 116.315(c) which 
provides that a renewal application may be submitted at the same 
time as an amendment application to modify an existing facility as 
long as it is submitted no more than three years before the permit's 
expiration date and the amendment is subject to public notice 
requirements.
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    i. Revisions to subsection (c).
    This provision is currently approved as subsection (b). This 
subsection requires that upon renewal, the facility shall continue to 
meet the requirements under the undesignated heading in Subchapter B 
relating to compliance history. This provision was redesignated to 
subsection (c) with revisions, submitted December 15, 1995, and July 
22, 1998. The submitted revisions include changing the citations to 
refer to the Compliance History provisions to refer to the SIP-approved 
requirement under 30 TAC 116.120 through 116.126 under Subchapter B, 
Division 2--Compliance History. The changes also include clarifications 
that failure to demonstrate compliance with the Compliance History 
requirements shall result in the renewal not being granted. It further 
changes the rule to provide that if a contested case hearing has not 
been requested, the Executive Director, not the staff, must notify the 
applicant of intent to recommend denial of an application for permit 
renewal if the TCEQ finds that violations of the compliance history 
constitute a recurring pattern of egregious conduct which demonstrates 
a consistent disregard for the regulatory process, including failure to 
make a timely and substantial attempt to correct the violations. 
Accordingly, we propose to approve the redesignation of subsection (b) 
to subsection (c) and the revisions thereto as submitted December 15, 
1995, and July 22, 1998.

C. Section 30 TAC 116.314--Review Schedule

1. What is the background of 30 TAC 116.314?
    The currently approved provisions for 30 TAC 116.314 were submitted 
to EPA on August 31, 1993. EPA approved the submitted revisions on 
March 10, 2006 (71 FR 12285). These revisions became effective on May 
9, 2006.
2. What did Texas submit for 30 TAC 116.314?
    Since EPA's last approval for this section, TCEQ has submitted two 
SIP revisions to EPA for this section on December 15, 1995, and July 
22, 1998. In this action, we are proposing to approve the revisions of 
the existing provisions of section 116.314. The revisions submitted to 
this section include the following:
     Reorganization of subsection (a) into subsections (a) and 
(b) and redesignation of existing subsections (b) and (c) to 
subsections (c) and (d).
     Non-substantive revisions to the reorganized subsections 
(a) and (b).
     Revisions to subsection (c) as recodified.
     Non-substantive revisions to subsection (d) as recodified.
3. What is EPA's evaluation of the submitted revisions to 30 TAC 
116.314?
    The revisions to 30 TAC 116.314 are evaluated and addressed in this 
proposed action as described below:
    a. Revisions to subsections (a) and (b).

[[Page 32339]]

    The revisions submitted July 22, 1998, revised and reorganized 
subsection (a) into subsections (a) and (b). These revisions include 
clarifying amendments which streamline and reorganize the requirements 
of subsections (a) and (b). The submitted changes are non-substantive. 
Accordingly, we propose to approve subsections (a) and (b) as submitted 
December 15, 1995, and July 22, 1998.
    b. Revisions to subsection (c).
    These provisions are currently approved as subsection (b). As 
approved, this subsection provides that in the event that the permit 
holder fails to satisfy the requirements for corrective action by the 
deadline specified in the report filed by the TCEQ, the applicant shall 
be required to show cause in a contested case proceeding why the permit 
should not expire. The proceeding will be pursuant to the requirements 
of the Administrative Procedure and Texas Register Act, Article 6252-
13a, V.T.C.S. This subsection was recodified to subsection (c) in the 
revisions submitted December 15, 1995, and July 22, 1998. The submitted 
revisions update the agency name and the statutory citation relating to 
contested case hearings and referred to the contested case hearing 
provisions in 30 TAC Chapters 1, 55, and 80. The submitted revision to 
30 TAC 116.314(c) includes specific cross-references to 30 TAC Chapters 
1, 55, and 80, which relate to Purpose of Rules, General Provisions; 
Request for Contested Case Hearings; Public Comment; and Contested Case 
Hearings. In contrast, the current SIP refers to the Contested Case 
Hearing Process without cross references to specific rules relating to 
Contested Case Hearings. Although the revision provides references to 
the specific rules relating to Contested Case Hearings, the revision 
does not make substantive changes to the requirements of the existing 
SIP. Texas's use of the Contest Hearing Process in this context in both 
the current SIP and the submitted revisions is to inform the permit 
applicant of the availability of the contested case hearing but does 
not incorporate the specific requirements of Chapters 1, 55, and 80 
into the SIP. Further, the submitted revision to 30 TAC 116.314(c) 
meets the requirements of section 110(a)(2)(C) of the Act and 40 CFR 
part 51, does not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the Act. Accordingly, EPA proposes to approve the 
revisions to subsection (c) as submitted December 15, 1995, and July 
22, 1998.
    d. Revisions to subsection (d).
    These provisions are currently approved as subsection (c) and 
relate to the effective date of the existing permit. This subsection 
was revised and recodified to subsection (d) in revisions submitted 
December 15, 1995, and July 22, 1998. These revisions include 
clarifying amendments which streamline the requirements relating to 
Permit Renewals. The submitted changes are non-substantive. 
Accordingly, we propose to approve the revision to subsection (d) as 
submitted December 15, 1995, and July 22, 1998.

IV. Proposed Action

    Today, EPA proposes to approve the following revisions to the Texas 
SIP:
     Revisions to 30 TAC 116.310--Notification of Permit 
Holder--submitted December 15, 1995, and July 22, 1998.
     Revisions to 30 TAC 116.311--Permit Renewal Application--
submitted December 15, 1995; July 22, 1998; and September 4, 2002; as 
follows:
     [cir] Addition of new paragraph (a)(1);
     [cir] Removal of existing paragraphs (a)(1), (a)(3), and (a)(4);
     [cir] Revisions to and redesignation of existing paragraphs (a)(5) 
and (a)(6) to paragraphs (a)(3) and (a)(4), respectively;
     [cir] Addition of new paragraph (a)(5);
     [cir] Addition of new subsection (b); and
     [cir] Revisions to and redesignation of existing subsection (b) to 
subsection (c)
     Revisions to 30 TAC 116.314--Review Schedule--submitted 
December 15, 1995, and July 22, 1998, as follows:
     [cir] The revisions to and reorganization of existing subsection 
(a) to subsections (a) and (b); and
     [cir] The revisions to and redesignation of existing subsections 
(b) and (c) to subsections (c) and (d).
    Much of this SIP revision re-organizes and makes non-substantive 
changes to the Texas renewals program. This revision also revises the 
SIP by adding a requirement to ensure that permits that pre-date TCEQ's 
rule change to regulate dockside emissions are required at renewal to 
ensure all dockside emissions comply with the statute and regulations. 
The revision also removed the following three requirements from the 
renewals process: (1) Upon renewal the emissions from the facility will 
comply with all applicable specifications and requirements in the Texas 
Air Control Board (TACB) rules and the Texas Clean Air Act (TCAA); (2) 
upon renewal the facility will continue to have appropriate means to 
measure the emission of significant air contaminants as determined 
necessary by the Executive Director; and (3) upon renewal the facility 
will continue to use the control technology determined by the Executive 
Director to be economically reasonable and technically practicable 
considering the age of the facility and the impact of its emissions on 
the surrounding area. We believe that the removal of these provisions 
is approvable because these requirements are provided elsewhere in the 
Texas SIP; and therefore, their deletion will not interfere with 
attainment and reasonable further progress of the NAAQS or any other 
applicable requirement, as required by section 110(l) of the CAA.
    Final action on these revisions on or before October 31, 2011, will 
meet EPA's obligation on the Permit Renewals component of the May 21, 
2009, Consent Decree between EPA and the Business Coalition for Clean 
Air Appeal Group, Texas Association of Business, and Texas Oil and Gas 
Association.
    EPA proposes to take no action on the following revisions to 30 TAC 
116.311, December 15, 1995; July 22, 1998; and September 4, 2002:
     Severable revisions to paragraph (a)(2), which relate to 
the Qualified Facilities Program. Today, we propose to retain the 
currently approved provisions of paragraph (a)(2) in the SIP as adopted 
by Texas on April 6, 1994, approved March 10, 2006 (71 FR 12285). We 
will address the revisions to paragraph (a)(2) in connection with a 
separate SIP submittal that revises the Qualified Facilities Program, 
submitted October 5, 2010. EPA disapproved Texas Qualified Facilities 
Program on April 14, 2010 (75 FR 19467). Under the CAA, EPA's statutory 
deadline to take action on the revised Qualified Facilities Program is 
April 5, 2012.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this notice merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under

[[Page 32340]]

Executive Order 12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 20, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-13872 Filed 6-3-11; 8:45 am]
BILLING CODE 6560-50-P


