80_FR_79523 80 FR 79279 - Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Nitrogen Compounds State Implementation Plan

80 FR 79279 - Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Nitrogen Compounds State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range79279-79283
FR Document2015-31662

The Environmental Protection Agency (EPA) is proposing approval of revisions to the State Implementation Plan (SIP) submitted by the State of Texas through the Texas Commission on Environmental Quality (TCEQ) on July 10, 2015. The Texas SIP submission revises 30 Texas Administrative Code (TAC) Chapter 117 rules for control of nitrogen compounds to assist the Dallas-Fort Worth (DFW) moderate nonattainment area (NAA) in attaining the 2008 eight-hour ozone (O<INF>3</INF>) National Ambient Air Quality Standards (NAAQS).

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015)
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Proposed Rules]
[Pages 79279-79283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31662]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0497; FRL-9940-17-Region 6]


Approval and Promulgation of Implementation Plans; Texas; Control 
of Air Pollution From Nitrogen Compounds State Implementation Plan

AGENCY: The Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of revisions to the State Implementation Plan (SIP) submitted 
by the State of Texas through the Texas Commission on Environmental 
Quality (TCEQ) on July 10, 2015. The Texas SIP submission revises 30 
Texas Administrative Code (TAC) Chapter 117 rules for control of 
nitrogen compounds to assist the Dallas-Fort Worth (DFW) moderate 
nonattainment area (NAA) in attaining the 2008 eight-hour ozone 
(O3) National Ambient Air Quality Standards (NAAQS).

DATES: Written comments must be received on or before January 20, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0497, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Mr. Guy Donaldson at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Branch 
(6MM-AA), Environmental Protection Agency, 1445 Ross Avenue, Suite 
1200, Dallas, Texas 75202-2733.
    Instructions: Direct comments to Docket No. EPA-R06-OAR-2015-0497. 
The EPA's policy is that all comments received will be included in the 
public docket without change and made available online at 
www.regulations.gov. The EPA includes any personal information 
provided, unless a comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit any information 
electronically that is considered CBI or any other information whose 
disclosure is restricted by statute. The www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
one's identity or contact information unless it is provided in the body 
of a comment. If a comment is emailed directly to the EPA without going 
through www.regulations.gov, then the sender's email address will 
automatically be captured and included as part of the public docket 
comment and made available on the Internet. If a comment is submitted 
electronically, then the EPA recommends that one's name and other 
contact information be included in the body of the comment, and with 
any disk or CD-ROM submitted. If the EPA cannot read a particular 
comment due to technical difficulties and is unable to contact for 
clarification, the EPA may not be able to consider the comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment will be considered the official comment 
with multimedia submissions and should include all discussion points 
desired. The EPA will generally not consider a comment or its contents 
submitted outside of the primary submission (i.e. on the Web, cloud, or 
other file sharing system). For additional information on submitting 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. James E. Grady, (214) 665-6745; 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Grady or Mr. Bill Deese at (214) 665-
7253.

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

Table of Contents

I. Background on DFW 2008 Eight-Hour O3 NAA Designation 
and Classification

[[Page 79280]]

II. Background on Chapter 117 Proposed Rule Revisions
III. Evaluation of Texas' Proposed Chapter 117 NOX 
Control SIP
IV. The EPA's Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background on DFW 2008 Eight-Hour O3 NAA Designation and 
Classification

    On March 27, 2008, the EPA revised the primary and secondary 
O3 standard to a level of 75 parts per billion (ppb). 
Promulgation of a NAAQS triggers a requirement for the EPA to designate 
areas as nonattainment, attainment, or unclassifiable, and to classify 
the NAAs at the time of designation.
    On May 21, 2012, the EPA established initial area designations for 
most areas of the country with respect to the 2008 primary and 
secondary eight-hour O3 NAAQS. The EPA published two rules 
addressing final implementation \1\ and air quality designations.\2\ 
The implementation rule established classifications, associated 
attainment deadlines, and revoked the 1997 O3 standards for 
transportation conformity purposes. The designation rule finalized the 
NAA boundaries for areas that did not meet the 75 ppb standard. 
Furthermore, the finalized boundaries were classified according to the 
severity of their O3 air quality problems as determined by 
each area's design value.\3\ The O3 classification 
categories were defined as Marginal, Moderate, Serious, Severe, or 
Extreme.
---------------------------------------------------------------------------

    \1\ See 77 FR 30160 ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: Nonattainment Area 
Classifications Approach, Attainment Deadlines and Revocation of the 
1997 Ozone Standards for Transportation Conformity Purposes.''
    \2\ See 77 FR 30088, ``Air Quality Designations for the 2008 
Ozone National Ambient Air Quality Standards.''
    \3\ The air quality design value for the 8-hour ozone NAAQS is 
the three-year average of the annual fourth highest daily maximum 
eight-hour average ozone concentration. See 40 CFR part 50, appendix 
I.
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    Effective July 20, 2012, the DFW 2008 eight-hour O3 NAA 
was classified as moderate, consisting of ten counties: Collin, Dallas, 
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise 
County. With the exception of Wise County, all of these counties were 
designated as nonattainment with a serious classification under the 
1997 O3 standard. Although the NAA was most recently 
classified as moderate, the first nine counties are still required to 
meet their more stringent serious classification requirements 
previously designated under the 1997 O3 standard. Wise 
County, however, is required to meet the moderate classification 
requirements since it is newly designated as nonattainment for the DFW 
area.\4\ Previously, Wise County was classified as an attainment area 
and was exempt from the O3 NAA requirements under the 1997 
eight-hour O3 standard.
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    \4\ In pursuant to the United States Court of Appeals for the 
District of Columbia Circuit ruling in favor of the EPA's inclusion 
of Wise County in the DFW 2008 eight-hour ozone nonattainment area 
as lawful (see USCA Case #12-1309).
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    States are required to adopt control measures that implement 
Reasonably Available Control Technology (RACT) on major sources of 
NOX emissions.\5\ The major source emission threshold level 
for the first nine counties (Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall, and Tarrant) remains at a potential to emit 
(PTE) of fifty tons per year (tpy) NOX based on its serious 
classification under the 1997 standard. Wise County major source 
threshold is 100 tpy NOX based on the moderate 
classification requirement.
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    \5\ The EPA is not making a determination that the TCEQ rules 
included in these revisions will meet the RACT requirements of the 
CAA section 182(b) for the 2008 O3 NAAQS. The EPA will 
make that review in a separate action. The EPA is only finding that 
these rule changes will strengthen the SIP by achieving 
NOX reductions in the DFW NAA.
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II. Background on Chapter 117 Proposed Rule Revisions

    On July 10, 2015 the EPA received, the TCEQ submitted rule 
revisions to 30 TAC, Chapter 117 ``Control of Air Pollution from 
Nitrogen Compounds.'' The State revised Chapter 117 for all major 
sources of NOX in the 2008 DFW O3 NAA for the 
implementation of RACT requirements in all counties as required by CAA, 
section 172(c)(1) and section 182(f). The state previously adopted 
Chapter 117 NOX rules for sources in the DFW area as part of 
the SIP submitted on May 30, 2007, for the 1997 eight-hour 
O3 standard. The EPA approved those rules on December 8, 
2008.\6\ The scope of the Chapter 117 rule revisions implement the 
following: \7\
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    \6\ See 73 FR 73562.
    \7\ This is not an exhaustive list of changes to the 30 TAC 
Chapter 117 rules. For a complete summary of all Chapter 117 
sections associated with this SIP revision, please refer to the 
Technical Support Document (TSD), ``30 Texas Administrative Code 
(TAC) Chapter 117 Control of Air Pollution from Nitrogen 
Compounds,'' a copy of which is posted in the docket of this 
proposal.
---------------------------------------------------------------------------

     Add NOX emission limits and control 
requirements to major sources in newly designated Wise County.
     Revoke an exemption for utility turbines and auxiliary 
steam boilers installed after November 15, 1992 in the DFW area;
     Provide compliance flexibility to affected units in all 
areas covered by Chapter 117 for owners or operators of boilers and 
process heaters used on a temporary basis (<60 calendar days);
     Repeal certain major source industrial rules and utility 
rules for the DFW area that are now obsolete due to the passing of 
compliance dates;
     Add compliance schedules for the new or revised RACT rules 
and add compliance dates for sources that become subject to these rules 
after the initial compliance date;
     Add definitions to reflect the change in attainment status 
of Wise County;
     Implement work practice standards or operating 
requirements
     Update associated monitoring, recordkeeping, and reporting 
requirements
     Establish exemptions
    Table 2 contains a list of the sections of Chapter 117 with adopted 
subchapters, divisions, and key sections with modifications associated 
with the July 10, 2015 DFW 2008 eight-hour O3 SIP submittal.

  Table 2--Description and Sections of 30 TAC, Chapter 117 Proposed for
                              Modification
------------------------------------------------------------------------
              Description                            Section
------------------------------------------------------------------------
Subchapter A: Definitions..............  117.10.
Subchapter B, Division 4, DFW Eight-     117.400, 117.403, 117.410,
 Hour O3 NAA Major Sources.               117.423, 117.425, 117.430,
                                          117.435, 117.440, 117.445,
                                          117.450, 117.454, and 117.456.
Subchapter C, Division 4, DFW Eight-     117.1303, 117.1310, 117.1325,
 Hour O3 NAA Utility Electric             117.1335, 117.1340, 117.1345,
 Generation Sources.                      117.1350, and 117.1354.
Subchapter G, Division 1, General        117.8000
 Monitoring and Testing Requirements.
Subchapter H, Division 1, Compliance     117.9030 and 117.9130, 117.9800
 Schedules and Division 2, Compliance     and 117.9810.
 Flexibility.
------------------------------------------------------------------------


[[Page 79281]]

    Table 3 contains a list of the sections of Chapter 117 with adopted 
subchapters, divisions, and key sections with new requirements 
associated with the July 10, 2015 DFW 2008 eight-hour O3 SIP 
submittal.

  Table 3--Description and Sections of 30 TAC, Chapter 117 Proposed New
------------------------------------------------------------------------
              Description                            Section
------------------------------------------------------------------------
Subchapter B, Division 4, DFW Eight-     117.405, 117.452.
 Hour O3 NAA Major Sources.
------------------------------------------------------------------------

    Per TCEQ's request, the following sections listed in Table 4 below 
will not become a part of the EPA-approved Texas SIP. These rules 
pertain mainly to the control of carbon monoxide and ammonia emissions, 
which are not O3 precursors and, therefore, not necessary 
components of the DFW SIP. The EPA concurs that these rules can remain 
outside of the SIP.

  Table 4--Description and Sections of 30 TAC, Chapter 117 Not in Texas
                                   SIP
------------------------------------------------------------------------
              Description                            Sections
------------------------------------------------------------------------
Previously excluded and the TCEQ         117.210(c), 117.225,
 continues to ask that these remain       117.410(d), 117.425,
 outside the SIP.                         117.1110(b), 117.1125,
                                          117.1310(b), and 117.1325.
Adopted new and will not be submitted    117.405(d).
 as a SIP revision.
------------------------------------------------------------------------

    Table 5 contains subchapters, divisions, and key sections proposed 
for repeal from the SIP by the TCEQ. The TCEQ adopts the repeal of 
existing Subchapters B and C in Division 2 as well as sections 117.9010 
and 117.9110 of Subchapter H in Division 1 because compliance dates for 
sources of NOX subject to these have passed and are now 
considered obsolete. Furthermore, sources previously subject are now 
required to comply with more stringent rules in existing Subchapter B 
and C, Division 4 and in revised sections 117.9030, 117.9130.

  Table 5--Description and Sections of 30 TAC, Chapter 117 Proposed for
                                 Repeal
------------------------------------------------------------------------
              Description                            Section
------------------------------------------------------------------------
Subchapter B, Division 2, DFW O3 NAA     117.200, 117.203, 117.205,
 Major Sources.                           117.210, 117.215, 117.223,
                                          117.225, 117.230, 117.235,
                                          117.240, 117.245, 117.252,
                                          117.254, 117.256.
Subchapter C, Division 2, DFW O3 NAA     117.1100, 117.1103, 117.1105,
 Utility Electric Generation Sources.     117.1110, 117.1115, 117.1120,
                                          117.1125, 117.1135, 117.1140,
                                          117.1145, 117.1152, 117.1154,
                                          117.1156.
Subchapter H, Division 1, Compliance     117.9010, 117.9110.
 Schedules.
------------------------------------------------------------------------

    A complete summary along with all non-substantive changes 
pertaining to reformatting, restructuring, reorganizing, and 
administrative revisions will be referenced in the Technical Support 
Document (TSD), ``30 Texas Administrative Code (TAC) Chapter 117 
Control of Air Pollution from Nitrogen Compounds,'' a copy of which is 
posted in the docket of this proposal.

III. Evaluation of Texas' Proposed Chapter 117 NOX Control 
SIP

    Please refer to Table 6 for a list of NOX emissions 
specifications for major sources in newly designated Wise County. The 
new NOX emission limits will assure that each source listed 
will not exceed the 75 ppb O3 NAAQS standard.

                                Table 6--NOX Emission Limits for 2008 DFW 8-Hour O3 NAA for Major Sources in Wise County
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                          Type                     Capacity                  NOX Limit                       Citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Process Heaters.....................  ......................  Max Rated Capacity >=40      0.10 lb/MMBtu;........  117.405(b)(1).
                                                               MMBtu/hr.
                                                              An option..................  or 82 ppmv NOX at 3%    117.405(b)(1).
                                                                                            O2 dry basis.
Stationary, Reciprocating Internal    Gas-Fired Rich-Burn...  ...........................  0.50 g/hp-hr..........  117.405(b)(2)(A).
 Combustion Engines.                  Gas-Fired Lean-Burn...  White Superior four-cycle    12.0 g/hp-hr..........  117.405(b)(2)(B)(i)(I).
                                                               units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated before June
                                                               1, 2015.
                                                              White Superior four-cycle    2.0 g/hp-hr...........  117.405(b)(2)(B)(i)(II).
                                                               units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated on or after
                                                               June 1, 2015.
                                                              Clark two-cycle units that   12.0 g/hp-hr..........  117.405(b)(2)(B)(ii)(I).
                                                               have been placed into
                                                               service, modified,
                                                               reconstructed, or
                                                               relocated before June 1,
                                                               2015.

[[Page 79282]]

 
                                                              Clark two-cycle units that   2.0 g/hp-hr...........  117.405(b)(2)(B)(ii)(II).
                                                               have been placed into
                                                               service, modified,
                                                               reconstructed, or
                                                               relocated on or after June
                                                               1, 2015.
                                                              Fairbanks Morse MEP two-     4.0 g/hp-hr...........  117.405(b)(2)(B)(iii)(I).
                                                               cycle units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated before June
                                                               1, 2015.
                                                              Fairbanks Morse MEP two-     2.0 g/hp-hr...........  117.405(b)(2)(B)(iii)(II).
                                                               cycle units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated on or after
                                                               June 1, 2015.
                                                              All others.................  2.0 g/hp-hr...........  117.405(b)(2)(B)(iv).
Turbines............................  Stationary Gas........  hp rating <=10,000 hp......  0.55 lb/MMBtu.........  117.405(b)(3)(A).
                                                              hp rating >=10,000 hp......  0.15 lb/MMBtu.........  117.405(b)(3)(B).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Various controls for each major source in Wise County are needed to 
achieve the required NOX limits. Process heaters are 
expected to achieve compliance after installing dry low-NOX 
combustors with the proposed 0.10 lb/MMBtu emission specification. Gas-
fired, rich-burn, combustion engines are anticipated to reach 
compliance using nonselective catalytic reduction (NSCR) as primary 
control technology with air-to-fuel ratio regulators. The addition of a 
secondary catalyst module may be required to meet the proposed emission 
specification of 0.50 g/hp-hr, for gas-fired, lean-burn, combustion 
engines. All other lean-burn engines are estimated to reach compliance 
after combustion modifications with the proposed 2.0 g/hp-hr emission 
specification. New gas-fired, lean-burn engines can meet the proposed 
2.0 g/hp-hr standard without modification or installation of additional 
controls.
    It is estimated that the adopted rules will reduce the amount of 
NOX in the DFW area by 1.17 tons per day (tpd). The 
resulting emission reductions will assist Texas in demonstrating 
attainment of the eight-hour O3 standard within the DFW NAA. 
As a result, the EPA is proposing to approve the NOX 
emission requirements for affected major sources in the DFW NAA.

IV. The EPAs Proposed Action

    The EPA is proposing to approve the submitted TAC Chapter 117 SIP 
revisions into the SIP because they will assist the DFW area into 
attainment under the 2008 8-Hour O3 NAAQS by keeping each 
emissions source below 75 ppb. The EPA is proposing to approve all 
amended, repealed, and new sections of Chapter 117 that are being 
submitted as part of this SIP revision. The EPA is not making a 
determination that the TCEQ rules included in these revisions will meet 
the RACT requirements of the CAA Sec.  182(b) for the 2008 
O3 NAAQS. The EPA will make that review in a separate 
action. The EPA is only finding that these rule changes will strengthen 
the SIP by achieving NOX reductions in the DFW NAA.

V. Incorporation by Reference

    In this action, the EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference revisions to the Texas regulations as 
described in the Proposed Action section above. The EPA has 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.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that states meet the criteria of the CAA. Accordingly, this 
action 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 action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Ozone, Reasonably available control technology, Reporting and

[[Page 79283]]

recordkeeping requirements, Volatile organic compounds.

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

    Dated: December 8, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-31662 Filed 12-18-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules                                           79279

                                               for quality case studies in addition to                 could improve the overall efficiency and              disclosure is restricted by statute. Do
                                               those already being conducted by                        effectiveness of patent prosecution.                  not submit any information
                                               OPQA. The USPTO will use the results                      Dated: December 15, 2015.                           electronically that is considered CBI or
                                               of the studies to improve its                           Michelle K. Lee,
                                                                                                                                                             any other information whose disclosure
                                               understanding of the quality of its work                                                                      is restricted by statute. The
                                                                                                       Under Secretary of Commerce for Intellectual
                                               products and, where appropriate, to take                                                                      www.regulations.gov Web site is an
                                                                                                       Property and Director of the United States
                                               action to remediate quality issues or to                Patent and Trademark Office.                          ‘‘anonymous access’’ system, which
                                               formulate best practices to further                                                                           means the EPA will not know one’s
                                                                                                       [FR Doc. 2015–31897 Filed 12–18–15; 8:45 am]
                                               enhance quality. For example, if a case                                                                       identity or contact information unless it
                                                                                                       BILLING CODE 3510–16–P
                                               study reveals a training issue, the                                                                           is provided in the body of a comment.
                                               USPTO will develop and deliver the                                                                            If a comment is emailed directly to the
                                               appropriate training.                                                                                         EPA without going through
                                                 This pilot program will help the                      ENVIRONMENTAL PROTECTION                              www.regulations.gov, then the sender’s
                                               USPTO determine the usefulness of this                  AGENCY                                                email address will automatically be
                                               manner of public submission for case                                                                          captured and included as part of the
                                               study topics as compared to currently-                  40 CFR Part 52
                                                                                                                                                             public docket comment and made
                                               existing methods, such as public fora                   [EPA–R06–OAR–2015–0497; FRL–9940–17–                  available on the Internet. If a comment
                                               and external quality surveys. In                        Region 6]                                             is submitted electronically, then the
                                               addition, this pilot program will allow                                                                       EPA recommends that one’s name and
                                               the USPTO to communicate to the                         Approval and Promulgation of
                                                                                                                                                             other contact information be included in
                                               public the case studies determined to be                Implementation Plans; Texas; Control
                                                                                                                                                             the body of the comment, and with any
                                               useful and the results of those studies.                of Air Pollution From Nitrogen
                                                                                                                                                             disk or CD–ROM submitted. If the EPA
                                                                                                       Compounds State Implementation Plan
                                               IV. Example of a Topic Submission                                                                             cannot read a particular comment due to
                                                                                                       AGENCY:  The Environmental Protection                 technical difficulties and is unable to
                                                  The following example is provided to
                                                                                                       Agency (EPA).                                         contact for clarification, the EPA may
                                               assist the public in providing high-
                                                                                                       ACTION: Proposed rule.                                not be able to consider the comment.
                                               quality submissions that best
                                                                                                                                                             Electronic files should avoid the use of
                                               communicate a focused case study topic                  SUMMARY:   The Environmental Protection               special characters, any form of
                                               for consideration:                                      Agency (EPA) is proposing approval of
                                                  Title: ‘‘Pre-first action interviews and                                                                   encryption, and be free of any defects or
                                                                                                       revisions to the State Implementation                 viruses. Multimedia submissions (audio,
                                               quality of the resulting patent
                                                                                                       Plan (SIP) submitted by the State of                  video, etc.) must be accompanied by a
                                               prosecution.’’
                                                  Proposal for study: ‘‘Pre-first action               Texas through the Texas Commission on                 written comment. The written comment
                                               interviews result in a shorter time-to-                 Environmental Quality (TCEQ) on July                  will be considered the official comment
                                               issuance in such applications that are                  10, 2015. The Texas SIP submission                    with multimedia submissions and
                                               issued as patents.’’                                    revises 30 Texas Administrative Code                  should include all discussion points
                                                  Explanation: In my experience as a                   (TAC) Chapter 117 rules for control of                desired. The EPA will generally not
                                               patent practitioner, interviews with                    nitrogen compounds to assist the Dallas-              consider a comment or its contents
                                               examiners lead to better understanding                  Fort Worth (DFW) moderate                             submitted outside of the primary
                                               of the claimed invention by both parties.               nonattainment area (NAA) in attaining                 submission (i.e. on the Web, cloud, or
                                               In particular, interviews can reveal that               the 2008 eight-hour ozone (O3) National               other file sharing system). For
                                               the parties are operating under differing               Ambient Air Quality Standards                         additional information on submitting
                                               understandings of the scope of the                      (NAAQS).                                              comments, please visit http://
                                               claims, the meaning of a claim term, or                 DATES:  Written comments must be                      www2.epa.gov/dockets/commenting-
                                               interpretation of a teaching of the prior               received on or before January 20, 2016.               epa-dockets.
                                               art. When performed early in                            ADDRESSES: Submit your comments,
                                                                                                                                                                Docket: The index to the docket for
                                               prosecution, these can provide the                      identified by Docket No. EPA–R06–                     this action is available electronically at
                                               opportunity to resolve such differences                 OAR–2015–0497, by one of the                          www.regulations.gov and in hard copy
                                               before the mutual misunderstanding or                   following methods:                                    at the EPA Region 6, 1445 Ross Avenue,
                                               miscommunication results in extended                      • www.regulations.gov. Follow the                   Suite 700, Dallas, Texas. While all
                                               prosecution. This permits more efficient                online instructions.                                  documents in the docket are listed in
                                               examination as reflected by a shorter                     • Email: Mr. Guy Donaldson at                       the index, some information may be
                                               prosecution time for those applications                 donaldson.guy@epa.gov.                                publicly available only at the hard copy
                                               that eventually mature into patents.                      • Mail or delivery: Mr. Guy                         location (e.g., copyrighted material), and
                                               These efficiency gains are most                         Donaldson, Chief, Air Branch (6MM–                    some may not be publicly available at
                                               noticeable after April 1, 2011, when the                AA), Environmental Protection Agency,                 either location (e.g., CBI).
                                               Full First Action Interview Pilot                       1445 Ross Avenue, Suite 1200, Dallas,                 FOR FURTHER INFORMATION CONTACT: Mr.
                                               Program went into effect. The USPTO                     Texas 75202–2733.                                     James E. Grady, (214) 665–6745;
                                               should study what effect an interview                     Instructions: Direct comments to                    grady.james@epa.gov. To inspect the
                                               before the first action on the merits in                Docket No. EPA–R06–OAR–2015–0497.                     hard copy materials, please schedule an
                                               a new application has on time-to-                       The EPA’s policy is that all comments                 appointment with Mr. Grady or Mr. Bill
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               allowance in applications that are                      received will be included in the public               Deese at (214) 665–7253.
                                               eventually issued as patents, and if                    docket without change and made                        SUPPLEMENTARY INFORMATION:
                                               there are any particular features of the                available online at www.regulations.gov.              Throughout this document ‘‘we,’’ ‘‘us,’’
                                               interview that strongly correlate with                  The EPA includes any personal                         or ‘‘our’’ means ‘‘the EPA.’’
                                               the time-to-allowance. Discovery of                     information provided, unless a
                                               such correlations could lead to USPTO                   comment includes information claimed                  Table of Contents
                                               process changes or changes in                           to be Confidential Business Information               I. Background on DFW 2008 Eight-Hour O3
                                               applicants’ approach to prosecution that                (CBI) or other information whose                           NAA Designation and Classification



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                                               79280                     Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules

                                               II. Background on Chapter 117 Proposed Rule                         Wise County, all of these counties were                    adopted Chapter 117 NOX rules for
                                                     Revisions                                                     designated as nonattainment with a                         sources in the DFW area as part of the
                                               III. Evaluation of Texas’ Proposed Chapter                          serious classification under the 1997 O3                   SIP submitted on May 30, 2007, for the
                                                     117 NOX Control SIP                                           standard. Although the NAA was most                        1997 eight-hour O3 standard. The EPA
                                               IV. The EPA’s Proposed Action
                                               V. Incorporation by Reference
                                                                                                                   recently classified as moderate, the first                 approved those rules on December 8,
                                               VI. Statutory and Executive Order Reviews                           nine counties are still required to meet                   2008.6 The scope of the Chapter 117
                                                                                                                   their more stringent serious                               rule revisions implement the
                                               I. Background on DFW 2008 Eight-Hour                                classification requirements previously                     following: 7
                                               O3 NAA Designation and Classification                               designated under the 1997 O3 standard.                        • Add NOX emission limits and
                                                  On March 27, 2008, the EPA revised                               Wise County, however, is required to                       control requirements to major sources in
                                               the primary and secondary O3 standard                               meet the moderate classification                           newly designated Wise County.
                                               to a level of 75 parts per billion (ppb).                           requirements since it is newly                                • Revoke an exemption for utility
                                               Promulgation of a NAAQS triggers a                                  designated as nonattainment for the                        turbines and auxiliary steam boilers
                                               requirement for the EPA to designate                                DFW area.4 Previously, Wise County                         installed after November 15, 1992 in the
                                               areas as nonattainment, attainment, or                              was classified as an attainment area and                   DFW area;
                                               unclassifiable, and to classify the NAAs                            was exempt from the O3 NAA                                    • Provide compliance flexibility to
                                               at the time of designation.                                         requirements under the 1997 eight-hour                     affected units in all areas covered by
                                                                                                                   O3 standard.                                               Chapter 117 for owners or operators of
                                                  On May 21, 2012, the EPA established                                States are required to adopt control
                                               initial area designations for most areas                                                                                       boilers and process heaters used on a
                                                                                                                   measures that implement Reasonably                         temporary basis (<60 calendar days);
                                               of the country with respect to the 2008                             Available Control Technology (RACT)
                                               primary and secondary eight-hour O3                                                                                               • Repeal certain major source
                                                                                                                   on major sources of NOX emissions.5                        industrial rules and utility rules for the
                                               NAAQS. The EPA published two rules                                  The major source emission threshold
                                               addressing final implementation 1 and                                                                                          DFW area that are now obsolete due to
                                                                                                                   level for the first nine counties (Collin,
                                               air quality designations.2 The                                                                                                 the passing of compliance dates;
                                                                                                                   Dallas, Denton, Ellis, Johnson, Kaufman,
                                               implementation rule established                                                                                                   • Add compliance schedules for the
                                                                                                                   Parker, Rockwall, and Tarrant) remains
                                               classifications, associated attainment                                                                                         new or revised RACT rules and add
                                                                                                                   at a potential to emit (PTE) of fifty tons
                                               deadlines, and revoked the 1997 O3                                                                                             compliance dates for sources that
                                                                                                                   per year (tpy) NOX based on its serious
                                               standards for transportation conformity                             classification under the 1997 standard.                    become subject to these rules after the
                                               purposes. The designation rule finalized                            Wise County major source threshold is                      initial compliance date;
                                               the NAA boundaries for areas that did                               100 tpy NOX based on the moderate                             • Add definitions to reflect the
                                               not meet the 75 ppb standard.                                       classification requirement.                                change in attainment status of Wise
                                               Furthermore, the finalized boundaries                                                                                          County;
                                               were classified according to the severity                           II. Background on Chapter 117                                 • Implement work practice standards
                                               of their O3 air quality problems as                                 Proposed Rule Revisions                                    or operating requirements
                                               determined by each area’s design                                       On July 10, 2015 the EPA received,                         • Update associated monitoring,
                                               value.3 The O3 classification categories                            the TCEQ submitted rule revisions to 30                    recordkeeping, and reporting
                                               were defined as Marginal, Moderate,                                 TAC, Chapter 117 ‘‘Control of Air                          requirements
                                               Serious, Severe, or Extreme.                                        Pollution from Nitrogen Compounds.’’                          • Establish exemptions
                                                  Effective July 20, 2012, the DFW 2008                            The State revised Chapter 117 for all                         Table 2 contains a list of the sections
                                               eight-hour O3 NAA was classified as                                 major sources of NOX in the 2008 DFW                       of Chapter 117 with adopted
                                               moderate, consisting of ten counties:                               O3 NAA for the implementation of                           subchapters, divisions, and key sections
                                               Collin, Dallas, Denton, Ellis, Johnson,                             RACT requirements in all counties as                       with modifications associated with the
                                               Kaufman, Parker, Rockwall, Tarrant,                                 required by CAA, section 172(c)(1) and                     July 10, 2015 DFW 2008 eight-hour O3
                                               and Wise County. With the exception of                              section 182(f). The state previously                       SIP submittal.

                                                                  TABLE 2—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR MODIFICATION
                                                                                        Description                                                                                    Section

                                               Subchapter A: Definitions .........................................................................   117.10.
                                               Subchapter B, Division 4, DFW Eight-Hour O3 NAA Major Sources ......                                  117.400, 117.403, 117.410, 117.423, 117.425, 117.430, 117.435,
                                                                                                                                                       117.440, 117.445, 117.450, 117.454, and 117.456.
                                               Subchapter C, Division 4, DFW Eight-Hour O3 NAA Utility Electric Gen-                                 117.1303, 117.1310, 117.1325, 117.1335, 117.1340, 117.1345,
                                                 eration Sources.                                                                                      117.1350, and 117.1354.
                                               Subchapter G, Division 1, General Monitoring and Testing Require-                                     117.8000
                                                 ments.
                                               Subchapter H, Division 1, Compliance Schedules and Division 2, Com-                                   117.9030 and 117.9130, 117.9800 and 117.9810.
                                                 pliance Flexibility.

                                                 1 See 77 FR 30160 ‘‘Implementation of the 2008                    average ozone concentration. See 40 CFR part 50,           that these rule changes will strengthen the SIP by
                                               National Ambient Air Quality Standards for Ozone:                   appendix I.                                                achieving NOX reductions in the DFW NAA.
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                                               Nonattainment Area Classifications Approach,                          4 In pursuant to the United States Court of                6 See 73 FR 73562.
                                               Attainment Deadlines and Revocation of the 1997                     Appeals for the District of Columbia Circuit ruling          7 This is not an exhaustive list of changes to the
                                               Ozone Standards for Transportation Conformity                       in favor of the EPA’s inclusion of Wise County in
                                               Purposes.’’                                                         the DFW 2008 eight-hour ozone nonattainment area           30 TAC Chapter 117 rules. For a complete summary
                                                 2 See 77 FR 30088, ‘‘Air Quality Designations for                 as lawful (see USCA Case #12–1309).                        of all Chapter 117 sections associated with this SIP
                                               the 2008 Ozone National Ambient Air Quality                           5 The EPA is not making a determination that the         revision, please refer to the Technical Support
                                               Standards.’’                                                        TCEQ rules included in these revisions will meet           Document (TSD), ‘‘30 Texas Administrative Code
                                                 3 The air quality design value for the 8-hour                     the RACT requirements of the CAA section 182(b)            (TAC) Chapter 117 Control of Air Pollution from
                                               ozone NAAQS is the three-year average of the                        for the 2008 O3 NAAQS. The EPA will make that              Nitrogen Compounds,’’ a copy of which is posted
                                               annual fourth highest daily maximum eight-hour                      review in a separate action. The EPA is only finding       in the docket of this proposal.



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                                                                    Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules                                                                                          79281

                                                 Table 3 contains a list of the sections                         subchapters, divisions, and key sections                                     the July 10, 2015 DFW 2008 eight-hour
                                               of Chapter 117 with adopted                                       with new requirements associated with                                        O3 SIP submittal.

                                                                          TABLE 3—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED NEW
                                                                                   Description                                                                                                         Section

                                               Subchapter B, Division 4, DFW Eight-Hour O3 NAA Major Sources ......                                     117.405, 117.452.



                                                 Per TCEQ’s request, the following                               the control of carbon monoxide and                                           concurs that these rules can remain
                                               sections listed in Table 4 below will not                         ammonia emissions, which are not O3                                          outside of the SIP.
                                               become a part of the EPA-approved                                 precursors and, therefore, not necessary
                                               Texas SIP. These rules pertain mainly to                          components of the DFW SIP. The EPA

                                                                       TABLE 4—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 NOT IN TEXAS SIP
                                                                                   Description                                                                                                         Sections

                                               Previously excluded and the TCEQ continues to ask that these remain                                      117.210(c), 117.225, 117.410(d), 117.425, 117.1110(b), 117.1125,
                                                 outside the SIP.                                                                                         117.1310(b), and 117.1325.
                                               Adopted new and will not be submitted as a SIP revision ......................                           117.405(d).



                                                 Table 5 contains subchapters,                                   well as sections 117.9010 and 117.9110                                       sources previously subject are now
                                               divisions, and key sections proposed for                          of Subchapter H in Division 1 because                                        required to comply with more stringent
                                               repeal from the SIP by the TCEQ. The                              compliance dates for sources of NOX                                          rules in existing Subchapter B and C,
                                               TCEQ adopts the repeal of existing                                subject to these have passed and are                                         Division 4 and in revised sections
                                               Subchapters B and C in Division 2 as                              now considered obsolete. Furthermore,                                        117.9030, 117.9130.

                                                                   TABLE 5—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR REPEAL
                                                                                   Description                                                                                                         Section

                                               Subchapter B, Division 2, DFW O3 NAA Major Sources .........................                             117.200, 117.203, 117.205, 117.210, 117.215, 117.223, 117.225,
                                                                                                                                                          117.230, 117.235, 117.240, 117.245, 117.252, 117.254, 117.256.
                                               Subchapter C, Division 2, DFW O3 NAA Utility Electric Generation                                         117.1100, 117.1103, 117.1105, 117.1110, 117.1115, 117.1120,
                                                 Sources.                                                                                                 117.1125, 117.1135, 117.1140, 117.1145, 117.1152, 117.1154,
                                                                                                                                                          117.1156.
                                               Subchapter H, Division 1, Compliance Schedules ..................................                        117.9010, 117.9110.



                                                  A complete summary along with all                              from Nitrogen Compounds,’’ a copy of                                         sources in newly designated Wise
                                               non-substantive changes pertaining to                             which is posted in the docket of this                                        County. The new NOX emission limits
                                               reformatting, restructuring,                                      proposal.                                                                    will assure that each source listed will
                                               reorganizing, and administrative                                                                                                               not exceed the 75 ppb O3 NAAQS
                                                                                                                 III. Evaluation of Texas’ Proposed
                                               revisions will be referenced in the                                                                                                            standard.
                                                                                                                 Chapter 117 NOX Control SIP
                                               Technical Support Document (TSD),
                                               ‘‘30 Texas Administrative Code (TAC)                               Please refer to Table 6 for a list of
                                               Chapter 117 Control of Air Pollution                              NOX emissions specifications for major
                                                        TABLE 6—NOX EMISSION LIMITS FOR 2008 DFW 8-HOUR O3 NAA FOR MAJOR SOURCES IN WISE COUNTY
                                                       Source                           Type                                                 Capacity                                             NOX Limit                        Citation

                                               Process Heaters ........    ...................................   Max Rated Capacity ≥40 MMBtu/hr .............                             0.10 lb/MMBtu; ..........      117.405(b)(1).
                                                                                                                 An option ......................................................          or 82 ppmv NOX at              117.405(b)(1).
                                                                                                                                                                                             3% O2 dry basis.
                                               Stationary, Recipro-        Gas-Fired Rich-Burn                   .......................................................................   0.50 g/hp-hr ..............    117.405(b)(2)(A).
                                                 cating Internal           Gas-Fired Lean-Burn                   White Superior four-cycle units that have                                 12.0 g/hp-hr ..............    117.405(b)(2)(B)(i)(I).
                                                 Combustion En-                                                     been placed into service, modified, recon-
                                                 gines.                                                             structed, or relocated before June 1,
                                                                                                                    2015.
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                                                                                                                 White Superior four-cycle units that have                                 2.0 g/hp-hr ................   117.405(b)(2)(B)(i)(II).
                                                                                                                    been placed into service, modified, recon-
                                                                                                                    structed, or relocated on or after June 1,
                                                                                                                    2015.
                                                                                                                 Clark two-cycle units that have been placed                               12.0 g/hp-hr ..............    117.405(b)(2)(B)(ii)(I).
                                                                                                                    into service, modified, reconstructed, or
                                                                                                                    relocated before June 1, 2015.




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                                               79282                   Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules

                                                TABLE 6—NOX EMISSION LIMITS FOR 2008 DFW 8-HOUR O3 NAA FOR MAJOR SOURCES IN WISE COUNTY—Continued
                                                        Source                          Type                                         Capacity                                         NOX Limit                         Citation

                                                                                                           Clark two-cycle units that have been placed                         2.0 g/hp-hr ................   117.405(b)(2)(B)(ii)(II).
                                                                                                             into service, modified, reconstructed, or
                                                                                                             relocated on or after June 1, 2015.
                                                                                                           Fairbanks Morse MEP two-cycle units that                            4.0 g/hp-hr ................   117.405(b)(2)(B)(iii)(I).
                                                                                                             have been placed into service, modified,
                                                                                                             reconstructed, or relocated before June
                                                                                                             1, 2015.
                                                                                                           Fairbanks Morse MEP two-cycle units that                            2.0 g/hp-hr ................   117.405(b)(2)(B)(iii)(II).
                                                                                                             have been placed into service, modified,
                                                                                                             reconstructed, or relocated on or after
                                                                                                             June 1, 2015.
                                                                                                           All others ......................................................   2.0 g/hp-hr ................   117.405(b)(2)(B)(iv).
                                               Turbines ....................   Stationary Gas ..........   hp rating ≤10,000 hp ....................................           0.55 lb/MMBtu ...........      117.405(b)(3)(A).
                                                                                                           hp rating ≥10,000 hp ....................................           0.15 lb/MMBtu ...........      117.405(b)(3)(B).



                                                  Various controls for each major source                   The EPA will make that review in a                                     under the Regulatory Flexibility Act (5
                                               in Wise County are needed to achieve                        separate action. The EPA is only finding                               U.S.C. 601 et seq.);
                                               the required NOX limits. Process heaters                    that these rule changes will strengthen                                   • Does not contain any unfunded
                                               are expected to achieve compliance after                    the SIP by achieving NOX reductions in                                 mandate or significantly or uniquely
                                               installing dry low-NOX combustors with                      the DFW NAA.                                                           affect small governments, as described
                                               the proposed 0.10 lb/MMBtu emission                                                                                                in the Unfunded Mandates Reform Act
                                               specification. Gas-fired, rich-burn,                        V. Incorporation by Reference                                          of 1995 (Pub. L. 104–4);
                                               combustion engines are anticipated to                         In this action, the EPA is proposing to                                 • Does not have Federalism
                                               reach compliance using nonselective                         include in a final rule regulatory text                                implications as specified in Executive
                                               catalytic reduction (NSCR) as primary                       that includes incorporation by                                         Order 13132 (64 FR 43255, August 10,
                                               control technology with air-to-fuel ratio                   reference. In accordance with the                                      1999);
                                               regulators. The addition of a secondary                     requirements of 1 CFR 51.5, the EPA is                                    • Is not an economically significant
                                               catalyst module may be required to meet                     proposing to incorporate by reference                                  regulatory action based on health or
                                               the proposed emission specification of                      revisions to the Texas regulations as                                  safety risks subject to Executive Order
                                               0.50 g/hp-hr, for gas-fired, lean-burn,                     described in the Proposed Action                                       13045 (62 FR 19885, April 23, 1997);
                                               combustion engines. All other lean-burn                     section above. The EPA has made, and                                      • Is not a significant regulatory action
                                               engines are estimated to reach                              will continue to make, these documents                                 subject to Executive Order 13211 (66 FR
                                               compliance after combustion                                 generally available electronically                                     28355, May 22, 2001);
                                               modifications with the proposed 2.0 g/                      through www.regulations.gov and/or in                                     • Is not subject to requirements of
                                               hp-hr emission specification. New gas-                      hard copy at the EPA Region 6 office.                                  section 12(d) of the National
                                               fired, lean-burn engines can meet the                                                                                              Technology Transfer and Advancement
                                                                                                           VI. Statutory and Executive Order                                      Act of 1995 (15 U.S.C. 272 note) because
                                               proposed2.0 g/hp-hr standard without
                                                                                                           Reviews                                                                application of those requirements would
                                               modification or installation of
                                               additional controls.                                          Under the CAA, the Administrator is                                  be inconsistent with the CAA; and
                                                  It is estimated that the adopted rules                   required to approve a SIP submission                                      • Does not provide EPA with the
                                               will reduce the amount of NOX in the                        that complies with the provisions of the                               discretionary authority to address, as
                                               DFW area by 1.17 tons per day (tpd).                        Act and applicable Federal regulations.                                appropriate, disproportionate human
                                               The resulting emission reductions will                      42 U.S.C. 7410(k); 40 CFR 52.02(a).                                    health or environmental effects, using
                                               assist Texas in demonstrating                               Thus, in reviewing SIP submissions, the                                practicable and legally permissible
                                               attainment of the eight-hour O3 standard                    EPA’s role is to approve state choices,                                methods, under Executive Order 12898
                                               within the DFW NAA. As a result, the                        provided that states meet the criteria of                              (59 FR 7629, February 16, 1994).
                                               EPA is proposing to approve the NOX                         the CAA. Accordingly, this action                                         In addition, the SIP is not approved
                                               emission requirements for affected                          merely proposes to approve state law as                                to apply on any Indian reservation land
                                               major sources in the DFW NAA.                               meeting Federal requirements and does                                  or in any other area where EPA or an
                                                                                                           not impose additional requirements                                     Indian tribe has demonstrated that a
                                               IV. The EPAs Proposed Action
                                                                                                           beyond those imposed by state law. For                                 tribe has jurisdiction. In those areas of
                                                  The EPA is proposing to approve the                      that reason, this action:                                              Indian country, the proposed rule does
                                               submitted TAC Chapter 117 SIP                                 • Is not a ‘‘significant regulatory                                  not have tribal implications and will not
                                               revisions into the SIP because they will                    action’’ subject to review by the Office                               impose substantial direct costs on tribal
                                               assist the DFW area into attainment                         of Management and Budget under                                         governments or preempt tribal law as
                                               under the 2008 8-Hour O3 NAAQS by                           Executive Orders 12866 (58 FR 51735,                                   specified by Executive Order 13175 (65
                                               keeping each emissions source below 75                      October 4, 1993) and 13563 (76 FR 3821,                                FR 67249, November 9, 2000).
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                                               ppb. The EPA is proposing to approve                        January 21, 2011);
                                               all amended, repealed, and new sections                       • Does not impose an information                                     List of Subjects in 40 CFR Part 52
                                               of Chapter 117 that are being submitted                     collection burden under the provisions                                   Environmental protection, Air
                                               as part of this SIP revision. The EPA is                    of the Paperwork Reduction Act (44                                     pollution control, Hydrocarbons,
                                               not making a determination that the                         U.S.C. 3501 et seq.);                                                  Incorporation by reference,
                                               TCEQ rules included in these revisions                        • Is certified as not having a                                       Intergovernmental relations, Nitrogen
                                               will meet the RACT requirements of the                      significant economic impact on a                                       oxides, Ozone, Reasonably available
                                               CAA § 182(b) for the 2008 O3 NAAQS.                         substantial number of small entities                                   control technology, Reporting and


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                                                                    Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules                                            79283

                                               recordkeeping requirements, Volatile                      • Individuals with a Disability: We                   Eligible entities for awards under this
                                               organic compounds.                                      will provide an appropriate                           program include States, public or
                                                  Authority: 42 U.S.C. 7401 et seq.                    accommodation, including alternative                  private agencies and organizations,
                                                                                                       formats, upon request. To make such a                 institutions of higher education, and
                                                 Dated: December 8, 2015.
                                                                                                       request, please contact Marlina Moses-                Indian tribes and tribal organizations.
                                               Ron Curry,                                              Gaither, (202) 795–7409 (Voice) or at
                                               Regional Administrator, Region 6.                                                                             B. Research Fellowships
                                                                                                       marlina.moses-gaither@acl.hhs.gov.
                                               [FR Doc. 2015–31662 Filed 12–18–15; 8:45 am]            FOR FURTHER INFORMATION CONTACT: Greg
                                                                                                                                                                The purpose of the Research
                                               BILLING CODE 6560–50–P                                  Pugh, Administration for Community                    Fellowships program is to build
                                                                                                       Living, telephone (202) 795–7422                      research capacity by providing support
                                                                                                       (Voice). This is not a toll-free number.              to highly qualified individuals,
                                               DEPARTMENT OF HEALTH AND                                This document will be made available                  including those who are individuals
                                               HUMAN SERVICES                                          in alternative formats upon request.                  with disabilities, to perform research on
                                                                                                                                                             rehabilitation and independent living of
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               45 CFR Part 1330                                                                                              individuals with disabilities. Any
                                                                                                       I. Workforce Innovation and                           individual is eligible for assistance
                                               RIN 0985–AA12
                                                                                                       Opportunity Act of 2014                               under this program who has training
                                               National Institute on Disability,                                                                             and experience that indicate a potential
                                                                                                          The Workforce Innovation and
                                               Independent Living, and Rehabilitation                                                                        for engaging in scientific research
                                                                                                       Opportunity Act of 2014 (‘‘WIOA,’’ Pub.
                                               Research                                                                                                      related to the solution of rehabilitation
                                                                                                       L. 113–128), signed into law on July 22,
                                                                                                                                                             problems of individuals with
                                               AGENCY:  National Institute on Disability,              2014, included significant changes to
                                                                                                                                                             disabilities. The program provides
                                               Independent Living, and Rehabilitation                  Title II of the Rehabilitation Act of 1973.
                                                                                                                                                             grants to support two categories of
                                               Research; Administration for                            The first of these is the insertion of a              Fellowships: Distinguished Fellowships
                                               Community Living; HHS.                                  new name, the National Institute on                   (for those with seven or more years of
                                               ACTION: Proposed rule.
                                                                                                       Disability, Independent Living, and                   relevant research experience) and Merit
                                                                                                       Rehabilitation Research (‘‘NIDILRR,’’                 Fellowships (for individuals in earlier
                                               SUMMARY:   This proposed rule would                     which was previously the National                     stages of their careers in research).
                                               implement the Workforce Innovation                      Institute on Disability and
                                               and Opportunity Act of 2014 and reflect                 Rehabilitation Research). WIOA also                   C. Special Projects and Demonstrations
                                               the transfer of the National Institute on               relocates NIDILRR from the Department                 for Spinal Cord Injuries
                                               Disability, Independent Living, and                     of Education (‘‘ED’’) to the                            The Special Projects and
                                               Rehabilitation Research (NIDILRR) from                  Administration for Community Living                   Demonstrations for Spinal Cord Injuries
                                               the Department of Education to the                      (‘‘ACL’’) of the Department of Health                 program provides assistance to establish
                                               Department of Health and Human                          and Human Services.                                   innovative projects for the delivery,
                                               Services. The previous regulations were                                                                       demonstration, and evaluation of
                                                                                                       II. Programs Authorized by Title II of
                                               issued by the Department of Education.                                                                        comprehensive medical, vocational, and
                                                                                                       the Rehabilitation Act of 1973, as
                                               The rulemaking will consolidate the                                                                           other rehabilitation services to meet the
                                                                                                       Amended by WIOA
                                               NIDILRR regulations into a single part,                                                                       wide range of needs, including
                                               align the regulations with the current                  A. Disability, Independent Living, and                independent living, of individuals with
                                               statute and HHS policies, and will                      Rehabilitation Research Projects and                  spinal cord injuries. The entities eligible
                                               provide guidance to NIDILRR grantees.                   Centers                                               for an award under these Projects and
                                               DATES: Comments are due on or before                       The purpose of the Disability and                  Demonstrations are the same as for
                                               February 19, 2016.                                      Rehabilitation Research Projects and                  Disability and Rehabilitation Research
                                               ADDRESSES: You may submit comments                      Centers program is to plan and conduct                Projects and Centers.
                                               in one of following ways (no duplicates,                research, development, demonstrations,                III. Discussion of Proposed Rule
                                               please): Written comments may be                        training, dissemination, and related
                                               submitted through any of the methods                    activities, including international                      Department of Education regulations
                                               specified below. Please do not submit                   activities, to maximize the full inclusion            governing the National Institute on
                                               duplicate comments.                                     and integration into society,                         Disability and Rehabilitation Research
                                                  • Federal eRulemaking Portal: You                    employment, independent living, family                are found at 34 CFR parts 350, 356, and
                                               may (and we encourage you to) submit                    support, and economic and social self-                359. Part 350 sets forth regulations
                                               electronic comments on this regulation                  sufficiency of individuals with                       addressing the Disability and
                                               at http://www.regulations.gov. Follow                   disabilities, especially individuals with             Rehabilitation Research Projects and
                                               the instructions under the ‘‘submit a                   the most severe disabilities, and                     Centers Program; part 356 sets forth
                                               comment’’ tab. Attachments should be                    improve the effectiveness of services                 regulations addressing Disability and
                                               in Microsoft Word, WordPerfect, or                      authorized under the Rehabilitation Act               Rehabilitation Research Fellowships;
                                               Excel; however, we prefer Microsoft                     of 1973, 29 U.S.C. 701 et seq.                        and part 359 sets forth regulations
                                               Word.                                                      To this end, NIDILRR provides grants               addressing Special Projects and
                                                  • Regular, Express, or Overnight Mail:               to establish and support:                             Demonstrations for Spinal Cord Injuries.
                                               You may mail written comments to the                       • Disability, Independent Living, and              ACL proposes to streamline the
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               following address only: Administration                  Rehabilitation Research Projects;                     NIDILRR regulations and to consolidate
                                               for Community Living, Attention:                           • Field Initiated Projects;                        them into one part, 45 CFR part 1330.
                                               NIDILRR NPRM, U.S. Department of                           • Advanced Rehabilitation Research                 In our regulations, we propose to
                                               Health and Human Services,                              Training Projects;                                    eliminate regulatory language included
                                               Washington, DC 20201. Please allow                         • Rehabilitation Research and                      in the corresponding ED regulations that
                                               sufficient time for mailed comments to                  Training Centers; and                                 does not add further interpretation to
                                               be received before the close of the                        • Rehabilitation Engineering Research              the statutory language. We also propose
                                               comment period.                                         Centers.                                              to eliminate unnecessary regulatory


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Document Created: 2015-12-19 02:57:10
Document Modified: 2015-12-19 02:57:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before January 20, 2016.
ContactMr. James E. Grady, (214) 665-6745; [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Grady or Mr. Bill Deese at (214) 665- 7253.
FR Citation80 FR 79279 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone; Reasonably Available Control Technology; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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