Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions to the Emission Credit Banking and Trading Program, 27647-27649 [2010-11683]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
27647
EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
*
State approval/submittal date
Title/subject
*
*
EPA approval date
*
*
Section 101.372 ........
General Provisions .....................
7/25/2007
Section 101.373 ........
Discrete Emission Reduction
Credit Generation and Certification.
10/4/2006
*
*
Section 101.375 ........
Section 101.376 ........
Section 101.378 ........
*
*
Discrete Emission Credit Banking and Trading.
10/4/2006
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0147; FRL–9151–5]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions to the Emission Credit
Banking and Trading Program
hsrobinson on DSK69SOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving severable
portions of two revisions to the Texas
State Implementation Plan (SIP)
submitted by the State of Texas on
October 24, 2006, and August 16, 2007.
These revisions amend existing sections
and create a new section in Title 30 of
the Texas Administrative Code (TAC),
Chapter 101—General Air Quality
Rules, Subchapter H—Emissions
Banking and Trading, Division 1—
Emission Credit Banking and Trading,
referred to elsewhere in this notice as
the Emission Reduction Credit (ERC)
Program. The October 24, 2006,
submittal creates a new section for
international emission reduction
provisions and amends existing sections
to further clarify procedures for using
emission protocols and to update the
approved list of emission credit uses.
The August 16, 2007, submittal amends
two sections of the ERC program to
15:52 May 17, 2010
Jkt 220001
7/25/2007
Frm 00017
*
*
update cross-references to recently
recodified 30 TAC Chapter 117
provisions. EPA has determined that
these SIP revisions comply with the
Clean Air Act 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 Federal Clean Air Act (the Act
or CAA).
DATES: This final rule will be effective
June 17, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2010–0147. 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 Planning Section (6PD–L),
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 or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
PO 00000
Fmt 4700
*
*
5/18/2010 [Insert FR page number where document begins].
5/18/2010 [Insert FR page number where document begins].
5/18/2010 [Insert FR page number where document begins].
*
[FR Doc. 2010–11681 Filed 5–17–10; 8:45 am]
VerDate Mar<15>2010
*
10/4/2006
*
*
5/18/2010 [Insert FR page number where document begins].
5/18/2010 [Insert FR page number where document begins].
*
Emission Reductions Achieved
Outside the United States.
Discrete Emission Credit Use ....
Explanation
Sfmt 4700
*
*
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal related to this SIP
revision, and which is part of the EPA
docket, is also available for public
inspection at the State Air Agency listed
below 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
final rule, please contact Ms. Adina
Wiley (6PD–R), Air Permits Section,
Environmental Protection Agency,
Region 6, 1445 Ross Avenue (6PD–R),
Suite 1200, Dallas, TX 75202–2733. The
telephone number is (214) 665–2115.
Ms. Wiley can also be reached via
electronic mail at wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the
EPA.
Table of Contents
I. What final action is EPA taking?
II. What is the background for this action?
III. What are EPA’s responses to comments
received on the proposed action?
IV. Statutory and Executive Order Reviews
I. What final action is EPA taking?
We are fully approving severable
portions of two revisions to the Texas
SIP submitted by the Texas Commission
on Environmental Quality (TCEQ) on
E:\FR\FM\18MYR1.SGM
18MYR1
hsrobinson on DSK69SOYB1PROD with RULES
27648
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
October 24, 2006, and August 16, 2007,
specific to the ERC Program. The
revisions we are approving amend
existing sections and create a new
section in the ERC Program at Title 30
of the Texas Administrative Code
(TAC), Chapter 101—General Air
Quality Rules, Subchapter H—
Emissions Banking and Trading,
Division 1—Emission Credit Banking
and Trading. The October 24, 2006,
submittal creates a new section for
international emission reduction
provisions and amends existing sections
to further clarify procedures for using
emission protocols and to update the
approved list of emission credit uses.
The severable portions of the August 16,
2007 submittal that we are approving
non-substantively revise the ERC
Program to correctly update the crossreferences to the stationary source
nitrogen oxide (NOX) rules found in the
Texas SIP at 30 TAC Chapter 117 as a
result of the non-substantive
recodification of Chapter 117 approved
by EPA as part of the Texas SIP on
December 3, 2008 (see 73 FR 73562).
Consequently, we are approving the
revisions to the Texas SIP at 30 TAC
sections 101.302(a), 101.302(d)(1)(C)(vi),
101.302(f), and 101.306(a)(5) and the
creation of new section 101.305
submitted on October 24, 2006.
Additionally, we are approving
revisions to the Texas SIP at 30 TAC
sections 101.302(d)(1)(A) and
101.306(b)(3) submitted on August 16,
2007, by the TCEQ.
EPA proposed the above action on
March 30, 2010, at 75 FR 15645–15648.
Today, we are approving the ERC
program revisions as proposed and find
that they comply with the CAA and EPA
regulations, are consistent with EPA
policies, and will improve air quality.
This final approval is being taken under
parts C and D of the CAA.
In a separate rulemaking, EPA is
approving the severable Discrete
Emission Credit Banking and Trading
Program (referred to elsewhere in this
notice as the Discrete Emission
Reduction Credit (DERC) Program)
revisions at 30 TAC sections 101.372,
101.373, 101.375, 101.376, and 101.378
submitted on October 24, 2006, and 30
TAC sections 101.372 and 101.376
submitted on August 16, 2007 (see EPA–
R06–OAR–2010–0418).
At this time, EPA is not taking action
on the revisions to the Emissions
Banking and Trading of Allowances
Program at 30 TAC sections 101.338 and
101.339 submitted on October 24, 2006.
EPA is also not taking action at this time
on the revisions to the general air
quality definitions at 30 TAC Section
101.1 or the revisions to the System Cap
VerDate Mar<15>2010
15:52 May 17, 2010
Jkt 220001
Trading Program at 30 TAC sections
101.383, and 101.385 submitted on
August 16, 2007. These severable
revisions remain under review by EPA
and will be addressed in separate
actions.
II. What is the background for this
action?
The ERC Program, SIP-approved by
EPA on September 6, 2006, establishes
a market-based trading program for the
generation and use of emission credits
(generated and used at a specified
emission rate, tons per year) to provide
flexibility for sources in complying with
certain State and Federal requirements.
Generally, emission reductions of
criteria pollutants (excluding lead) or
precursors of criteria pollutants for
which an area is designated may be
banked and used as emission credits.
EPA’s September 6, 2006, final approval
of the ERC program addressed the
original submission of the program on
December 23, 1997, and the subsequent
revisions on January 18, 2001; April 14,
2002; January 17, 2003; and December 6,
2004.
Since our September 6, 2006, final
approval, TCEQ has revised the ERC
program to address the commitments of
the DERC conditional approval.
Additionally, the TCEQ adopted
revisions to the ERC program consistent
with the requirements of Senate Bill
784, adopted during regular session,
2005, of the 79th Texas Legislature.
Senate Bill 784 allows for greater
flexibility in the generation and use of
international emission reductions.
These revisions were adopted by the
TCEQ on October 4, 2006, and became
effective on October 26, 2006. The
adopted regulations were submitted to
EPA as a SIP revision on October 24,
2006. TCEQ has also promulgated
revisions to the ERC program that
update the cross-references to the new
numbering structure in 30 TAC Chapter
117. These revisions were adopted on
July 25, 2007, and became effective on
August 16, 2007. The adopted
regulations were submitted to EPA as a
SIP revision on August 16, 2007.
III. What are EPA’s responses to
comments received on the proposed
action?
EPA received no comments on our
proposed rulemaking.
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);
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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
E:\FR\FM\18MYR1.SGM
18MYR1
27649
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
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 July 19, 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental Relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: April 30, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
■
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ under Chapter 101 is
amended by:
■ a. Revising the entries for Sections
101.302 and 101.306 under Subchapter
H—Emissions Banking and Trading,
Division 1—Emission Credit Banking
and Trading.
■ b. Adding an entry for Section
101.305 under Subchapter H—
Emissions Banking and Trading,
Division 1—Emission Credit Banking
and Trading, in numerical order.
The revisions and additions read as
follows:
■
PART 52—[AMENDED]
§ 52.2270
1. The authority citation for part 52
continues to read as follows:
*
■
Identification of plan.
*
*
(c) * * *
*
*
EPA–APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State
approval/
submittal date
Title/subject
EPA approval date
Explanation
Chapter 101—General Air Quality Rules
*
*
*
*
*
*
*
Subchapter H—Emissions Banking and Trading
Division 1—Emission Credit Banking and Trading
*
Section 101.302 ........
*
*
General Provisions .....................
*
7/25/2007
*
5/18/10 [Insert FR page number
where document begins].
*
*
*
Section 101.305 ........
*
*
Emission Reductions Achieved
Outside the United States.
Emission Credit Use ..................
*
10/4/2006
*
5/18/10 [Insert FR page number
where document begins].
5/18/10 [Insert FR page number
where document begins].
*
*
*
*
*
Section 101.306 ........
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
hsrobinson on DSK69SOYB1PROD with RULES
50 CFR Part 222
[Docket No. 0906181067–0167–02]
RIN 0648–XP96
2010 Annual Determination for Sea
Turtle Observer Requirements
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
15:52 May 17, 2010
Jkt 220001
*
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
[FR Doc. 2010–11683 Filed 5–17–10; 8:45 am]
VerDate Mar<15>2010
7/25/2007
SUMMARY: The National Marine
Fisheries Service (NMFS) publishes its
final Annual Determination (AD) for
2010, pursuant to its authority under the
Endangered Species Act (ESA). Through
this AD, NMFS identifies commercial
fisheries operating in state and Federal
waters in the Atlantic Ocean, Gulf of
Mexico, and Pacific Ocean that will be
required to take observers upon NMFS’
request. The purpose of observing
identified fisheries is to learn more
about sea turtle interactions in a given
fishery, evaluate existing measures to
reduce or prevent prohibited sea turtle
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
takes, and to determine whether
additional measures to implement the
prohibition against sea turtle takes may
be necessary. Fisheries identified
through this process will remain on the
AD, and therefore required to carry
observers upon NMFS’ request, for 5
years.
DATES:
Effective June 17, 2010.
ADDRESSES: See SUPPLEMENTARY
INFORMATION for a listing of all Regional
Offices.
FOR FURTHER INFORMATION CONTACT:
Kristy Long, Office of Protected
Resources, 301–713–2322; Ellen Keane,
Northeast Region, 978–282–8476;
Dennis Klemm, Southeast Region, 727–
824–5312; Elizabeth Petras, Southwest
E:\FR\FM\18MYR1.SGM
18MYR1
]]>Agencies
[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Rules and Regulations]
[Pages 27647-27649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11683]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0147; FRL-9151-5]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions to the Emission Credit Banking and Trading Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving severable portions of two revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
on October 24, 2006, and August 16, 2007. These revisions amend
existing sections and create a new section in Title 30 of the Texas
Administrative Code (TAC), Chapter 101--General Air Quality Rules,
Subchapter H--Emissions Banking and Trading, Division 1--Emission
Credit Banking and Trading, referred to elsewhere in this notice as the
Emission Reduction Credit (ERC) Program. The October 24, 2006,
submittal creates a new section for international emission reduction
provisions and amends existing sections to further clarify procedures
for using emission protocols and to update the approved list of
emission credit uses. The August 16, 2007, submittal amends two
sections of the ERC program to update cross-references to recently
recodified 30 TAC Chapter 117 provisions. EPA has determined that these
SIP revisions comply with the Clean Air Act 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 Federal Clean
Air Act (the Act or CAA).
DATES: This final rule will be effective June 17, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2010-0147. 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
Planning Section (6PD-L), 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 or Mr. Bill Deese at 214-665-7253
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cent per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
The State submittal related to this SIP revision, and which is part
of the EPA docket, is also available for public inspection at the State
Air Agency listed below 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 final rule, please contact Ms. Adina Wiley (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-2115. Ms. Wiley can also be reached via electronic mail at
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.
Table of Contents
I. What final action is EPA taking?
II. What is the background for this action?
III. What are EPA's responses to comments received on the proposed
action?
IV. Statutory and Executive Order Reviews
I. What final action is EPA taking?
We are fully approving severable portions of two revisions to the
Texas SIP submitted by the Texas Commission on Environmental Quality
(TCEQ) on
[[Page 27648]]
October 24, 2006, and August 16, 2007, specific to the ERC Program. The
revisions we are approving amend existing sections and create a new
section in the ERC Program at Title 30 of the Texas Administrative Code
(TAC), Chapter 101--General Air Quality Rules, Subchapter H--Emissions
Banking and Trading, Division 1--Emission Credit Banking and Trading.
The October 24, 2006, submittal creates a new section for international
emission reduction provisions and amends existing sections to further
clarify procedures for using emission protocols and to update the
approved list of emission credit uses. The severable portions of the
August 16, 2007 submittal that we are approving non-substantively
revise the ERC Program to correctly update the cross-references to the
stationary source nitrogen oxide (NOX) rules found in the
Texas SIP at 30 TAC Chapter 117 as a result of the non-substantive
recodification of Chapter 117 approved by EPA as part of the Texas SIP
on December 3, 2008 (see 73 FR 73562). Consequently, we are approving
the revisions to the Texas SIP at 30 TAC sections 101.302(a),
101.302(d)(1)(C)(vi), 101.302(f), and 101.306(a)(5) and the creation of
new section 101.305 submitted on October 24, 2006. Additionally, we are
approving revisions to the Texas SIP at 30 TAC sections
101.302(d)(1)(A) and 101.306(b)(3) submitted on August 16, 2007, by the
TCEQ.
EPA proposed the above action on March 30, 2010, at 75 FR 15645-
15648. Today, we are approving the ERC program revisions as proposed
and find that they comply with the CAA and EPA regulations, are
consistent with EPA policies, and will improve air quality. This final
approval is being taken under parts C and D of the CAA.
In a separate rulemaking, EPA is approving the severable Discrete
Emission Credit Banking and Trading Program (referred to elsewhere in
this notice as the Discrete Emission Reduction Credit (DERC) Program)
revisions at 30 TAC sections 101.372, 101.373, 101.375, 101.376, and
101.378 submitted on October 24, 2006, and 30 TAC sections 101.372 and
101.376 submitted on August 16, 2007 (see EPA-R06-OAR-2010-0418).
At this time, EPA is not taking action on the revisions to the
Emissions Banking and Trading of Allowances Program at 30 TAC sections
101.338 and 101.339 submitted on October 24, 2006. EPA is also not
taking action at this time on the revisions to the general air quality
definitions at 30 TAC Section 101.1 or the revisions to the System Cap
Trading Program at 30 TAC sections 101.383, and 101.385 submitted on
August 16, 2007. These severable revisions remain under review by EPA
and will be addressed in separate actions.
II. What is the background for this action?
The ERC Program, SIP-approved by EPA on September 6, 2006,
establishes a market-based trading program for the generation and use
of emission credits (generated and used at a specified emission rate,
tons per year) to provide flexibility for sources in complying with
certain State and Federal requirements. Generally, emission reductions
of criteria pollutants (excluding lead) or precursors of criteria
pollutants for which an area is designated may be banked and used as
emission credits. EPA's September 6, 2006, final approval of the ERC
program addressed the original submission of the program on December
23, 1997, and the subsequent revisions on January 18, 2001; April 14,
2002; January 17, 2003; and December 6, 2004.
Since our September 6, 2006, final approval, TCEQ has revised the
ERC program to address the commitments of the DERC conditional
approval. Additionally, the TCEQ adopted revisions to the ERC program
consistent with the requirements of Senate Bill 784, adopted during
regular session, 2005, of the 79th Texas Legislature. Senate Bill 784
allows for greater flexibility in the generation and use of
international emission reductions. These revisions were adopted by the
TCEQ on October 4, 2006, and became effective on October 26, 2006. The
adopted regulations were submitted to EPA as a SIP revision on October
24, 2006. TCEQ has also promulgated revisions to the ERC program that
update the cross-references to the new numbering structure in 30 TAC
Chapter 117. These revisions were adopted on July 25, 2007, and became
effective on August 16, 2007. The adopted regulations were submitted to
EPA as a SIP revision on August 16, 2007.
III. What are EPA's responses to comments received on the proposed
action?
EPA received no comments on our proposed rulemaking.
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
[[Page 27649]]
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 July 19, 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental Relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: April 30, 2010.
Lawrence E. Starfield,
Acting 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'' under Chapter 101 is amended by:
0
a. Revising the entries for Sections 101.302 and 101.306 under
Subchapter H--Emissions Banking and Trading, Division 1--Emission
Credit Banking and Trading.
0
b. Adding an entry for Section 101.305 under Subchapter H--Emissions
Banking and Trading, Division 1--Emission Credit Banking and Trading,
in numerical order.
The revisions and additions 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 date Explanation
submittal date
----------------------------------------------------------------------------------------------------------------
Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Emissions Banking and Trading
Division 1--Emission Credit Banking and Trading
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 101.302................ General Provisions. 7/25/2007 5/18/10 [Insert FR
page number where
document begins].
* * * * * * *
Section 101.305................ Emission Reductions 10/4/2006 5/18/10 [Insert FR
Achieved Outside page number where
the United States. document begins].
Section 101.306................ Emission Credit Use 7/25/2007 5/18/10 [Insert FR
page number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-11683 Filed 5-17-10; 8:45 am]
BILLING CODE 6560-50-P
