Approval and Promulgation of Implementation Plans; Texas; Revisions to Chapter 116 Which Relate to the Application Review Schedule, 10416-10420 [2010-4833]
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Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations
I. How Can I Get Copies of This
Document and Other Related
Information?
This Federal Register notice, the
petition for reconsideration, and the
letter denying the petition for
reconsideration and request for an
administrative stay during the
reconsideration are available in the
docket that has been established for this
action under Docket ID No. EPA–R05–
OAR–2006–0609. All documents in the
docket are listed on the https://
www.regulations.gov Web site. Publicly
available docket materials are available
in hard copy at: Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. We recommend that
you contact Danny Marcus,
Environmental Engineer, at (312) 353–
8781 before visiting the Region 5 office.
In addition to being available in the
docket, an electronic copy of each of
these documents will be available on
the World Wide Web. Following
signature by the Assistant
Administrator, Office of Air and
Radiation, a copy of this notice will be
posted on EPA’s NSR Web site, under
Regulations & Standards, at https://
www.epa.gov/nsr.
II. Judicial Review
Under CAA section 307(b), judicial
review of this final action is available
only by filing a petition for review in
the U.S. Court of Appeals for the District
of Columbia Circuit on or before May 7,
2010.
Dated: February 26, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and
Radiation.
[FR Doc. 2010–4700 Filed 3–5–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R06–OAR–2006–0850; FRL–9123–7]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Chapter 116 Which Relate
to the Application Review Schedule
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking a direct final
action to approve revisions to the
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applicable State Implementation Plan
(SIP) for the State of Texas which relate
to the Application Schedule regulations
submitted to EPA on September 25,
2003 and January 24, 2008. The portions
of the SIP revision approved today
would revise and recodify existing SIP
provisions addressing requirements
related to the voiding of an application
for a permit or permit amendment and
implement the requirements of House
Bill (HB) 3732, 80th Legislature (2007),
and the Texas Health and Safety Code,
section 382.0566, concerning specific
deadlines for review and issuance of air
permits for Advanced Clean Energy
Projects (ACEP). EPA finds that these
changes to the Texas SIP comply with
the Federal Clean Air Act (the Act or
CAA) and EPA regulations, are
consistent with EPA policies, and will
improve air quality. This action is being
taken under section 110 and parts C and
D of the Act.
DATES: This direct final rule is effective
on May 7, 2010 without further notice,
unless EPA receives relevant adverse
comment by April 7, 2010. If EPA
receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2006–0850 by one of the following
methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov: Follow the
on-line instructions for submitting
comments.
(2) E-mail: Mr. Jeff Robinson at
robinson.jeffrey@epa.gov. Please also cc
the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below.
(3) U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), at fax number
214–665–6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
(6) Hand or Courier Delivery: Mr. Jeff
Robinson, Chief, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2006–
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0850. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
e-mail, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an e-mail
comment directly to EPA without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment along with any disk or CD–
ROM submitted. If EPA cannot read
your comment due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
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the appointment at least two working
days in advance of your visit. There will
be a 15 cents per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittals, which are part
of the EPA docket, are also available for
public inspection at the State Air
Agency during official business hours
by appointment: Texas Commission on
Environmental Quality, Office of Air
Quality, 12124 Park 35 Circle, Austin,
Texas 78753.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning today’s
direct final action, please contact Ms.
Melanie Magee, Air Permits Section
(6PD–R), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733;
telephone (214) 665–7161; fax number
(214) 665–6762; e-mail address
magee.melanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is
used, we mean EPA.
Table of Contents
I. The State’s Submittal
A. Which Rules Did the State Submit?
B. What Action Is EPA Taking?
II. EPA’s Evaluation
A. What Did Texas Submit on September
25, 2003?
B. What Is EPA’s Evaluation of the
September 25, 2003 SIP Revision?
C. What Did Texas Submit on January 24,
2008?
D. What Is EPA’s Evaluation of the January
24, 2008 SIP Revision?
III. Final Action
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. Which Rules Did the State Submit?
On September 25, 2003 and January
24, 2008, the Texas Commission on
Environmental Quality (TCEQ)
submitted proposed revisions to the
Texas State Implementation Plan (SIP)
concerning the Application Review
Schedule, 30 TAC Chapter 116,
Subchapter B, Division 1, Section
116.114. The TCEQ adopted these
revisions on August 20, 2003 and
December 19, 2007, to address
requirements related to the voiding of a
permit or permit amendment and
Advanced Clean Energy Projects
(ACEP), respectively. The September 25,
2003 SIP submittal affects sections
116.12, 116.114, 116.115, 116.120,
116.143, 116.150, 116.170, 116.172,
116.313, 116.315, and 116.715. With
this action, EPA is taking a direct final
action to approve the section 116.114
revisions. Sections 116.115, 116.120 and
116.315 are currently under review and
EPA will act on these revisions
separately. The remaining sections have
been addressed by EPA in prior separate
actions.1,2 The January 24, 2008 SIP
submittal affects section 116.114 and
with this review, EPA is taking a direct
final action to approve those changes.
Tables 1 and 2 below summarize the
changes that were submitted. A
summary of EPA’s evaluation of each
section and the basis for this direct final
rule is discussed in section II of this
preamble. The Technical Support
Document (TSD) includes a detailed
evaluation of the referenced SIP
submittals.
TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION
Date
submitted to
EPA
Title of SIP
submittal
Application Review Schedule .....................
Advanced Clean Energy Project Permitting
(HB 3732).
9/25/03
1/24/08
Date of state
adoption
8/20/03
12/19/07
Regulations
affected
Proposed action
Revision to 30 TAC 116.114 ......................
Revision to 30 TAC 116.114 ......................
Approval.
Approval.
TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION
Section
Date
submitted
Title
Date adopted
by the state
Proposed action
Comments
Chapter 116—Control of Air Pollution by Permits for New Construction of Modification
Subchapter B—New Source Review Permits
Division 1—Permit Application
30 TAC 116.114 .....
Application Review
Schedule.
9/25/03
1/24/08
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B. What Action Is EPA Taking?
We have evaluated the SIP
submissions for consistency with the
CAA, NSR regulations for major and
minor sources in 40 CFR Part 51, and
the approved Texas SIP. We have also
reviewed the rules for enforceability and
1 On March 20, 2009 (74 FR 11851) EPA approved
30 TAC 116.12, 116.143, 116.150, 116.170, 116.172,
and 116.313.
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8/20/03
12/19/07
Approval ..................
Approval ..................
legal sufficiency. In this review, we
have identified that on September 18,
2002, EPA approved revisions to Title
30 of the Texas Administrative Code (30
TAC), Chapter 116—Control of Air
Pollution by Permits for New
Construction or Modification, Section
Revised paragraph (b)(2).
Revised to address requirements related
to Advanced Clean Energy Projects
(ACEP).
Redesignated existing paragraph (a)(3)
to (a)(4) and added new paragraph
(a)(3).
114—Application Review Schedule into
the Texas SIP. Since EPA’s approval,
Texas has submitted three SIP revisions
to section 116.114 on October 25, 1999,
September 25, 2003 and January 24,
2008. The September 25, 2003 and
January 24, 2008 rule revisions have
2 On September 23, 2009 (74 FR 48480) EPA
proposed to disapprove 30 TAC 116.715.
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been determined to be severable from
the October 25, 1999 revisions. The
October 25, 1999 revision to section
116.114 contains references to the rules
adopted by the State for 30 TAC Chapter
39, Public Notice. A Limited Approval
and Limited Disapproval (LALD) was
proposed on November 26, 2008 (73 FR
72001) for the section 116.114 revisions
submitted to EPA on October 25, 1999.
Therefore, this action will not include
the section 116.114 revisions submitted
on October 25, 1999, which will be
addressed separately.
A technical analysis of the September
25, 2003 and January 24, 2008 proposed
rule revisions have found that these
revisions are consistent with the CAA,
40 CFR Part 51 and EPA policies.
Therefore, EPA is taking a direct final
action to approve the revised section
116.114 rules submitted on September
25, 2003 and January 24, 2008.
We are publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no relevant adverse
comments. However, in the proposed
rules section of this Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the SIP revision if
relevant adverse comments are received.
This rule will be effective on May 7,
2010 without further notice unless we
receive relevant adverse comment by
April 7, 2010. If we receive relevant
adverse comments, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
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II. EPA’s Evaluation
A. What Did Texas Submit on
September 25, 2003?
Texas submitted a revision to 30 TAC
116.114 requiring that an application for
a permit or permit amendment be
voided in the event deficient
information supplied with the
application is not corrected. If an
applicant fails to make a good faith
effort to provide the required
information after two written
notifications of the deficiency, the
Executive Director shall void the
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application and notify the applicant. To
further pursue the project following a
voiding of the application, the applicant
shall submit an entirely new application
on a new form. The new application
shall be subject to the state and federal
rules and regulations in place at the
time of submittal. If a new application
is submitted within six months of the
voidance of the original application, the
application shall be exempt from the fee
requirements under 30 TAC 116.140,
Applicability. However, the applicant
must go through a new technical review
and republish the public notice.
The revised paragraph 116.114 (b)(2)
adds language to state that the Executive
Director shall notify a permit applicant
of voidances and deficiencies in voided
applications. The paragraph also states
that the submitted application shall
meet the requirements of 30 TAC
116.111, General Application. See
section 116.114(b)(2).
B. What Is EPA’s Evaluation of the
September 25, 2003 SIP Revision?
This SIP revision changing the
provisions contained in section 116.114
provides for the voiding of a deficient
application for a permit or permit
amendment. Texas revised this section
as described below:
• Voiding of deficient application.
Under the existing provisions in 30 TAC
116.114(b)(2), the applicant is notified
of the voidance of the application. The
revision contained in this SIP submittal
specifies that the Executive Director will
also notify the applicant of the
remaining deficiencies in the voided
application. Also included with this SIP
revision is the requirement for meeting
section 116.111, General Application.
Prior to the proposed final action for
the 30 TAC 116.111 revisions, EPA
approved 30 TAC 116.111, General
Application, into the existing SIP on
September 18, 2002 (67 FR 58697). The
references contained in the 30 TAC
116.114 revisions were deemed to be
consistent with the existing SIP
approved provisions for 30 TAC
116.111.
The CAA and federal regulations do
not specify a procedure for the voidance
of a permit or permit application.
However, the Federal Regulations do
provide in 40 CFR 51.163 that the SIP
must include administrative procedures
to be applied in making determinations
specified in 40 CFR 51.160. Therefore,
a State should establish an
administrative procedure for the
voidance of permits or permit
applications that do not meet the
requirements of the Act and the
applicable regulations. By adopting the
voidance rule revisions, TCEQ has
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improved the SIP provision for the
voidance of permit applications that do
not meet the requirements contained in
the SIP, including the state approved
provisions of section 116.111, General
Application.
C. What Did Texas Submit on January
24, 2008?
In this SIP submittal, TCEQ amended
30 TAC 116.114 in 30 TAC Chapter 116
to implement the requirements of House
Bill 3732, 80th Legislature (2007), and
Texas Health and Safety Code, section
382.0566, concerning specific deadlines
for review and issuance of air quality
permits for ACEPs. The amendment
revises section 116.114 by adding a new
paragraph (a)(3) and redesignating the
existing paragraph (a)(3) to paragraph
(a)(4).
The new paragraph (a)(3) establishes
a review schedule for processing
permits for ACEP. For any ACEP, the
Executive Director of the TCEQ must
complete the technical review of the
permit application no later than nine
months after declaring the permit
application to be administratively
complete. See section 116.114(a)(3)(A).
Not later than nine months after
declaring the permit application to be
technically complete, the TCEQ shall
issue an order to either issue or deny the
permit. The TCEQ may extend this
deadline up three months if it
determines that the number of complex
pending applications for permits under
Chapter 116 will prevent the TCEQ from
meeting the nine-month deadline
without creating an extraordinary
burden on the resources of the TCEQ.
See section 116.114(a)(3)(B).
D. What Is EPA’s Evaluation of the
January 24, 2008 SIP Revision?
This SIP revision revises section
116.114 to establish a timeline for
processing ACEP permits. Texas revised
this section as described below:
• Determination of administrative
completeness. Under the existing
provisions in section 116.114(a)(1), the
TCEQ must determine whether any
permit application, including ACEP
applications, are administratively
complete within 90 days of receipt of
the application. Paragraph (a)(1)
continues to provide the procedures for
notification for any permit application,
whether it is administratively complete
or whether it is deficient. Paragraph
(a)(2) continues to provide the
procedures for making a preliminary
decision to approve or disapprove an
application. These provisions were not
changed in this SIP revision.
• Determination of technical
completeness. The new section
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116.114(a)(3)(A) provides that the
Executive Director of the TCEQ shall
complete the technical review of the
permit application for an ACEP not later
than nine months after declaring the
permit application to be
administratively complete.
• Issuance or denial of an ACEP
permit. The new section
116.114(a)(3)(B) provides that the
Executive Director of the TCEQ shall
issue a final order either to issue or to
deny a permit for an ACEP not later
than nine months after declaring the
permit application to be technically
complete. This paragraph provides that
this deadline may be extended up to
three additional months whenever the
Commission determines that the
number of complex pending
applications for permits under Chapter
116 will prevent the TCEQ from meeting
the nine month deadline without
creating an extraordinary burden on the
resources of TCEQ. With regards to
processing applications for new and
modified sources, the Federal
regulations provide in 40 CFR 51.163
that the plan must include the
administrative procedures, which will
be followed in making the
determination specified in paragraph (a)
of section 51.160. Accordingly, a State
may establish a timeline for processing
a permit that the State determines is
necessary to process a permit
application and make a final permit
decision that meets the requirements of
the Act and the applicable regulations.
In adopting the timeline for processing
ACEPs, Texas has set forth a schedule
that will enable TCEQ to make
declarations whether the ACEP
application is administratively
complete, technically complete, and to
perform its evaluation of the permit
application to determine whether it
meets the requirements in the SIP,
including the approved provisions of
section 116.111, General Application,
and to make its determination whether
to issue or deny the permit. Thus this
revised rule continues to ensure that
new and modified sources will be
authorized based upon the State’s
finding that the construction or
modification of new and modified ACEP
sources will not: (1) Violate applicable
portions of the control strategy; or (2)
interfere with attainment or
maintenance of a national standard in
the State in which the proposed source
(or modification) is located or in a
neighboring State; which satisfies the
requirements of 40 CFR 51.160(a) and
(b). These rules also satisfy the
requirements under section 110(l) of the
Act which provides that a plan revision
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must not interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
requirement of the act. The application
review schedule provisions under
review in this action will not interfere
with attainment or reasonable further
progress or any other applicable
requirement of the Act.
III. Final Action
EPA is taking direct final action to
approve revisions of the SIP Texas
submitted on September 25, 2003 and
January 24, 2008. We have determined
that the revised rules clarify and
strengthen the existing SIP.
EPA is not taking action on the
revisions to sections 116.12, 116.114,
116.115, 116.120, 116.143, 116.150,
116.170, 116.172, 116.313, 116.315, and
116.715 included in the September 25,
2003 SIP submittal. Sections 116.115,
116.120 and 116.315 are currently under
review and EPA will act on these
revisions separately. The remaining
sections have been addressed by EPA in
prior separate actions.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves 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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 7, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
§ 52.2270
Authority: 42 U.S.C. 7401 et seq.
*
Subpart SS—Texas
Identification of plan.
*
*
(c) * * *
*
*
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by revising the
entry for Section 116.114 under Chapter
116—Control of Air Pollution by
Permits for New Construction or
■
Dated: February 24, 2010.
Al Armendariz,
Regional Administrator, Region 6.
■
Modification, Subchapter B—New
Source Review Permits, Division 1—
Permit Application, to read as follows:
PART 52—[AMENDED]
40 CFR part 52 is amended as follows:
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal date
Title/Subject
*
*
EPA approval date
*
Explanation
*
*
*
Chapter 116—Control of Air Pollution by Permits for New Construction or Modification
*
*
*
*
*
*
*
Subchapter B—New Source Review Permits
Division 1—Permit Application
*
Section 116.114 ........
*
*
Application Review
Schedule.
*
12/19/07
*
*
[FR Doc. 2010–4833 Filed 3–5–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2008–0693; FRL–9108–4]
Approval and Promulgation of
Implementation Plans: 1-Hour Ozone
Extreme Area Plan for San Joaquin
Valley, CA
Environmental Protection
Agency (EPA).
ACTION: Final rule.
pwalker on DSK8KYBLC1PROD with RULES
AGENCY:
SUMMARY: EPA is approving state
implementation plan (SIP) revisions
submitted by the State of California to
meet the Clean Air Act (CAA)
requirements applicable to the San
Joaquin Valley, California extreme 1hour ozone standard nonattainment area
VerDate Nov<24>2008
15:59 Mar 05, 2010
Jkt 220001
*
*
*
*
03/08/10 [Insert FR
Subsections (a), (a)(1), (a)(2), (b), and (b)(1) in
page number where
the SIP are as adopted 6/17/98 and approved
document begins].
by EPA 9/18/02, 67 FR 58697.
Subsection (b)(2) and subsections (a)(3) and
(a)(4) are as adopted 8/20/03 and 12/19/07,
respectively, and approved by EPA on 03/08/
10 [Insert FR page number where document
begins].
*
*
(SJV area). EPA is approving the SIP
revisions for the SJV area as meeting
applicable CAA and EPA regulatory
requirements for the attainment and
rate-of-progress demonstrations and
their related contingency measures,
reasonably available control measures,
and other control requirements. In
addition, EPA is approving the SJV Air
Pollution Control District’s Rule 9310,
‘‘School Bus Fleets.’’
DATES: Effective Date: This rule is
effective on April 7, 2010.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2008–0693 for
this action. The index to the docket is
available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. 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 in
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
*
*
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Frances Wicher, EPA Region IX, (415)
942–3957, wicher.frances@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Summary of Proposed Actions
II. Summary of Public Comments Received
on the Proposals and EPA Responses
III. Approval Status of Rules
IV. Final Actions
V. Statutory and Executive Order Review
I. Summary of Proposed Actions
On July 14, 2009 at 74 FR 33933, EPA
proposed to approve in part and
disapprove in part the state
implementation plan (SIP) revisions
E:\FR\FM\08MRR1.SGM
08MRR1
]]>Agencies
[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10416-10420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4833]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2006-0850; FRL-9123-7]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to Chapter 116 Which Relate to the Application Review
Schedule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking a direct final action to approve revisions to
the applicable State Implementation Plan (SIP) for the State of Texas
which relate to the Application Schedule regulations submitted to EPA
on September 25, 2003 and January 24, 2008. The portions of the SIP
revision approved today would revise and recodify existing SIP
provisions addressing requirements related to the voiding of an
application for a permit or permit amendment and implement the
requirements of House Bill (HB) 3732, 80th Legislature (2007), and the
Texas Health and Safety Code, section 382.0566, concerning specific
deadlines for review and issuance of air permits for Advanced Clean
Energy Projects (ACEP). EPA finds that these changes to the Texas SIP
comply with the Federal Clean Air Act (the Act or CAA) and EPA
regulations, are consistent with EPA policies, and will improve air
quality. This action is being taken under section 110 and parts C and D
of the Act.
DATES: This direct final rule is effective on May 7, 2010 without
further notice, unless EPA receives relevant adverse comment by April
7, 2010. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0850 by one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov: Follow
the on-line instructions for submitting comments.
(2) E-mail: Mr. Jeff Robinson at robinson.jeffrey@epa.gov. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
(3) U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number 214-665-6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0850. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or e-mail, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through https://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. If possible, please
make
[[Page 10417]]
the appointment at least two working days in advance of your visit.
There will be a 15 cents per page fee for making photocopies of
documents. On the day of the visit, please check in at the EPA Region 6
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittals, which are part of the EPA docket, are also
available for public inspection at the State Air Agency during official
business hours by appointment: Texas Commission on Environmental
Quality, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas
78753.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning
today's direct final action, please contact Ms. Melanie Magee, Air
Permits Section (6PD-R), Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733; telephone (214)
665-7161; fax number (214) 665-6762; e-mail address
magee.melanie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. The State's Submittal
A. Which Rules Did the State Submit?
B. What Action Is EPA Taking?
II. EPA's Evaluation
A. What Did Texas Submit on September 25, 2003?
B. What Is EPA's Evaluation of the September 25, 2003 SIP
Revision?
C. What Did Texas Submit on January 24, 2008?
D. What Is EPA's Evaluation of the January 24, 2008 SIP
Revision?
III. Final Action
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. Which Rules Did the State Submit?
On September 25, 2003 and January 24, 2008, the Texas Commission on
Environmental Quality (TCEQ) submitted proposed revisions to the Texas
State Implementation Plan (SIP) concerning the Application Review
Schedule, 30 TAC Chapter 116, Subchapter B, Division 1, Section
116.114. The TCEQ adopted these revisions on August 20, 2003 and
December 19, 2007, to address requirements related to the voiding of a
permit or permit amendment and Advanced Clean Energy Projects (ACEP),
respectively. The September 25, 2003 SIP submittal affects sections
116.12, 116.114, 116.115, 116.120, 116.143, 116.150, 116.170, 116.172,
116.313, 116.315, and 116.715. With this action, EPA is taking a direct
final action to approve the section 116.114 revisions. Sections
116.115, 116.120 and 116.315 are currently under review and EPA will
act on these revisions separately. The remaining sections have been
addressed by EPA in prior separate actions.1,2 The January
24, 2008 SIP submittal affects section 116.114 and with this review,
EPA is taking a direct final action to approve those changes. Tables 1
and 2 below summarize the changes that were submitted. A summary of
EPA's evaluation of each section and the basis for this direct final
rule is discussed in section II of this preamble. The Technical Support
Document (TSD) includes a detailed evaluation of the referenced SIP
submittals.
---------------------------------------------------------------------------
\1\ On March 20, 2009 (74 FR 11851) EPA approved 30 TAC 116.12,
116.143, 116.150, 116.170, 116.172, and 116.313.
\2\ On September 23, 2009 (74 FR 48480) EPA proposed to
disapprove 30 TAC 116.715.
Table 1--Summary of Each SIP Submittal That Is Affected by This Action
----------------------------------------------------------------------------------------------------------------
Date
Title of SIP submittal submitted to Date of state Regulations Proposed action
EPA adoption affected
----------------------------------------------------------------------------------------------------------------
Application Review Schedule.... 9/25/03 8/20/03 Revision to 30 TAC Approval.
116.114.
Advanced Clean Energy Project 1/24/08 12/19/07 Revision to 30 TAC Approval.
Permitting (HB 3732). 116.114.
----------------------------------------------------------------------------------------------------------------
Table 2--Summary of Each Regulation That Is Affected by This Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date Date adopted
Section Title submitted by the state Proposed action Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 116--Control of Air Pollution by Permits for New Construction of Modification
Subchapter B--New Source Review Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 1--Permit Application
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 TAC 116.114....................... Application Review 9/25/03 8/20/03 Approval................ Revised paragraph (b)(2).
Schedule. 1/24/08 12/19/07 Approval................ Revised to address
requirements related to
Advanced Clean Energy
Projects (ACEP).
Redesignated existing
paragraph (a)(3) to (a)(4)
and added new paragraph
(a)(3).
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. What Action Is EPA Taking?
We have evaluated the SIP submissions for consistency with the CAA,
NSR regulations for major and minor sources in 40 CFR Part 51, and the
approved Texas SIP. We have also reviewed the rules for enforceability
and legal sufficiency. In this review, we have identified that on
September 18, 2002, EPA approved revisions to Title 30 of the Texas
Administrative Code (30 TAC), Chapter 116--Control of Air Pollution by
Permits for New Construction or Modification, Section 114--Application
Review Schedule into the Texas SIP. Since EPA's approval, Texas has
submitted three SIP revisions to section 116.114 on October 25, 1999,
September 25, 2003 and January 24, 2008. The September 25, 2003 and
January 24, 2008 rule revisions have
[[Page 10418]]
been determined to be severable from the October 25, 1999 revisions.
The October 25, 1999 revision to section 116.114 contains references to
the rules adopted by the State for 30 TAC Chapter 39, Public Notice. A
Limited Approval and Limited Disapproval (LALD) was proposed on
November 26, 2008 (73 FR 72001) for the section 116.114 revisions
submitted to EPA on October 25, 1999. Therefore, this action will not
include the section 116.114 revisions submitted on October 25, 1999,
which will be addressed separately.
A technical analysis of the September 25, 2003 and January 24, 2008
proposed rule revisions have found that these revisions are consistent
with the CAA, 40 CFR Part 51 and EPA policies. Therefore, EPA is taking
a direct final action to approve the revised section 116.114 rules
submitted on September 25, 2003 and January 24, 2008.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 7, 2010
without further notice unless we receive relevant adverse comment by
April 7, 2010. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
II. EPA's Evaluation
A. What Did Texas Submit on September 25, 2003?
Texas submitted a revision to 30 TAC 116.114 requiring that an
application for a permit or permit amendment be voided in the event
deficient information supplied with the application is not corrected.
If an applicant fails to make a good faith effort to provide the
required information after two written notifications of the deficiency,
the Executive Director shall void the application and notify the
applicant. To further pursue the project following a voiding of the
application, the applicant shall submit an entirely new application on
a new form. The new application shall be subject to the state and
federal rules and regulations in place at the time of submittal. If a
new application is submitted within six months of the voidance of the
original application, the application shall be exempt from the fee
requirements under 30 TAC 116.140, Applicability. However, the
applicant must go through a new technical review and republish the
public notice.
The revised paragraph 116.114 (b)(2) adds language to state that
the Executive Director shall notify a permit applicant of voidances and
deficiencies in voided applications. The paragraph also states that the
submitted application shall meet the requirements of 30 TAC 116.111,
General Application. See section 116.114(b)(2).
B. What Is EPA's Evaluation of the September 25, 2003 SIP Revision?
This SIP revision changing the provisions contained in section
116.114 provides for the voiding of a deficient application for a
permit or permit amendment. Texas revised this section as described
below:
Voiding of deficient application. Under the existing
provisions in 30 TAC 116.114(b)(2), the applicant is notified of the
voidance of the application. The revision contained in this SIP
submittal specifies that the Executive Director will also notify the
applicant of the remaining deficiencies in the voided application. Also
included with this SIP revision is the requirement for meeting section
116.111, General Application.
Prior to the proposed final action for the 30 TAC 116.111
revisions, EPA approved 30 TAC 116.111, General Application, into the
existing SIP on September 18, 2002 (67 FR 58697). The references
contained in the 30 TAC 116.114 revisions were deemed to be consistent
with the existing SIP approved provisions for 30 TAC 116.111.
The CAA and federal regulations do not specify a procedure for the
voidance of a permit or permit application. However, the Federal
Regulations do provide in 40 CFR 51.163 that the SIP must include
administrative procedures to be applied in making determinations
specified in 40 CFR 51.160. Therefore, a State should establish an
administrative procedure for the voidance of permits or permit
applications that do not meet the requirements of the Act and the
applicable regulations. By adopting the voidance rule revisions, TCEQ
has improved the SIP provision for the voidance of permit applications
that do not meet the requirements contained in the SIP, including the
state approved provisions of section 116.111, General Application.
C. What Did Texas Submit on January 24, 2008?
In this SIP submittal, TCEQ amended 30 TAC 116.114 in 30 TAC
Chapter 116 to implement the requirements of House Bill 3732, 80th
Legislature (2007), and Texas Health and Safety Code, section 382.0566,
concerning specific deadlines for review and issuance of air quality
permits for ACEPs. The amendment revises section 116.114 by adding a
new paragraph (a)(3) and redesignating the existing paragraph (a)(3) to
paragraph (a)(4).
The new paragraph (a)(3) establishes a review schedule for
processing permits for ACEP. For any ACEP, the Executive Director of
the TCEQ must complete the technical review of the permit application
no later than nine months after declaring the permit application to be
administratively complete. See section 116.114(a)(3)(A). Not later than
nine months after declaring the permit application to be technically
complete, the TCEQ shall issue an order to either issue or deny the
permit. The TCEQ may extend this deadline up three months if it
determines that the number of complex pending applications for permits
under Chapter 116 will prevent the TCEQ from meeting the nine-month
deadline without creating an extraordinary burden on the resources of
the TCEQ. See section 116.114(a)(3)(B).
D. What Is EPA's Evaluation of the January 24, 2008 SIP Revision?
This SIP revision revises section 116.114 to establish a timeline
for processing ACEP permits. Texas revised this section as described
below:
Determination of administrative completeness. Under the
existing provisions in section 116.114(a)(1), the TCEQ must determine
whether any permit application, including ACEP applications, are
administratively complete within 90 days of receipt of the application.
Paragraph (a)(1) continues to provide the procedures for notification
for any permit application, whether it is administratively complete or
whether it is deficient. Paragraph (a)(2) continues to provide the
procedures for making a preliminary decision to approve or disapprove
an application. These provisions were not changed in this SIP revision.
Determination of technical completeness. The new section
[[Page 10419]]
116.114(a)(3)(A) provides that the Executive Director of the TCEQ shall
complete the technical review of the permit application for an ACEP not
later than nine months after declaring the permit application to be
administratively complete.
Issuance or denial of an ACEP permit. The new section
116.114(a)(3)(B) provides that the Executive Director of the TCEQ shall
issue a final order either to issue or to deny a permit for an ACEP not
later than nine months after declaring the permit application to be
technically complete. This paragraph provides that this deadline may be
extended up to three additional months whenever the Commission
determines that the number of complex pending applications for permits
under Chapter 116 will prevent the TCEQ from meeting the nine month
deadline without creating an extraordinary burden on the resources of
TCEQ. With regards to processing applications for new and modified
sources, the Federal regulations provide in 40 CFR 51.163 that the plan
must include the administrative procedures, which will be followed in
making the determination specified in paragraph (a) of section 51.160.
Accordingly, a State may establish a timeline for processing a permit
that the State determines is necessary to process a permit application
and make a final permit decision that meets the requirements of the Act
and the applicable regulations. In adopting the timeline for processing
ACEPs, Texas has set forth a schedule that will enable TCEQ to make
declarations whether the ACEP application is administratively complete,
technically complete, and to perform its evaluation of the permit
application to determine whether it meets the requirements in the SIP,
including the approved provisions of section 116.111, General
Application, and to make its determination whether to issue or deny the
permit. Thus this revised rule continues to ensure that new and
modified sources will be authorized based upon the State's finding that
the construction or modification of new and modified ACEP sources will
not: (1) Violate applicable portions of the control strategy; or (2)
interfere with attainment or maintenance of a national standard in the
State in which the proposed source (or modification) is located or in a
neighboring State; which satisfies the requirements of 40 CFR 51.160(a)
and (b). These rules also satisfy the requirements under section 110(l)
of the Act which provides that a plan revision must not interfere with
any applicable requirement concerning attainment and reasonable further
progress or any other requirement of the act. The application review
schedule provisions under review in this action will not interfere with
attainment or reasonable further progress or any other applicable
requirement of the Act.
III. Final Action
EPA is taking direct final action to approve revisions of the SIP
Texas submitted on September 25, 2003 and January 24, 2008. We have
determined that the revised rules clarify and strengthen the existing
SIP.
EPA is not taking action on the revisions to sections 116.12,
116.114, 116.115, 116.120, 116.143, 116.150, 116.170, 116.172, 116.313,
116.315, and 116.715 included in the September 25, 2003 SIP submittal.
Sections 116.115, 116.120 and 116.315 are currently under review and
EPA will act on these revisions separately. The remaining sections have
been addressed by EPA in prior separate actions.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves 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 Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 7, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 10420]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 24, 2010.
Al Armendariz,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entry for Section 116.114
under Chapter 116--Control of Air Pollution by Permits for New
Construction or Modification, Subchapter B--New Source Review Permits,
Division 1--Permit Application, to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject approval/ EPA approval Explanation
submittal date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 116--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B--New Source Review Permits
Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 116.114............ Application 12/19/07 03/08/10 [Insert Subsections (a), (a)(1),
Review Schedule. FR page number (a)(2), (b), and (b)(1) in the
where document SIP are as adopted 6/17/98 and
begins]. approved by EPA 9/18/02, 67 FR
58697.
Subsection (b)(2) and
subsections (a)(3) and (a)(4)
are as adopted 8/20/03 and 12/
19/07, respectively, and
approved by EPA on 03/08/10
[Insert FR page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-4833 Filed 3-5-10; 8:45 am]
BILLING CODE 6560-50-P
