Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 27647 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

*******

Section 101.372 ........ General Provisions ..................... 7/25/2007 5/18/2010 [Insert FR page number where document begins]. 

Section 101.373 ........ Discrete Emission Reduction 

Credit Generation and Certification.

10/4/2006 5/18/2010 [Insert FR page number where document begins]. 

*******

Section 101.375 ........ Emission Reductions Achieved 

Outside the United States.

10/4/2006 5/18/2010 [Insert FR page number where document begins]. 

Section 101.376 ........ Discrete Emission Credit Use .... 7/25/2007 5/18/2010 [Insert FR page number where document begins]. 

Section 101.378 ........ Discrete Emission Credit Banking and Trading.10/4/2006 5/18/2010 [Insert FR page number where document begins]. 

*******

[FR Doc. 2010–11681 Filed 5–17–10; 8:45 am] 

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 

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 http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air 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 


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 

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 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 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. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read 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: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA–APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal date 

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.

10/4/2006 5/18/10 [Insert FR page number 

where 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

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 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

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 

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 


hsrobinson on DSK69SOYB1PROD with RULES