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[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Proposed Rules]               
[Page 16706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-26]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0089; FRL-9132-2]

 
Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Voiding of Permits and Extension of Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve severable portions of a submittal 
from the State of Texas, through the Texas Commission on Environmental 
Quality (TCEQ), on September 25, 2003, to revise the Texas Major and 
Minor New Source Review (NSR) State Implementation Plan (SIP). Within 
this SIP submittal, the State repealed a paragraph of the SIP rule 
pertaining to the Texas Major and Minor NSR SIP and renumbered the SIP 
rule's paragraphs. We are proposing to approve the new replacement rule 
as meeting the Major and Minor NSR SIP requirements for voiding of 
permits.
    We are also proposing to approve the portion of the revision that 
addresses the recodification of the provision relating to the granting 
of one 18-month extension of a permit as meeting the Major and Minor 
NSR SIP requirement for extensions of permits. The revision imposes 
requirements on permitees, requiring a review of the permit's 
underlying permit determinations before this SIP-approved extension can 
be granted. Finally, the revision provides for a second permit 
extension if certain conditions are met, including a health effects 
review. EPA is proposing to approve the new replacement rule for this 
second permit extension as meeting the Major and Minor NSR and NNSR SIP 
requirements.
    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 proposed under section 110 and parts C and D of the Act.

DATES: Comments must be received on or before May 3, 2010.

ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Chief, Air 
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be 
submitted electronically or through hand delivery/courier by following 
the detailed instructions in the ADDRESSES section of the direct final 
rule located in the rules section of the Federal Register.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning 
today's proposal, please contact Ms. Melanie Magee (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) 665-7161. Ms. Magee can also be reached via electronic mail at 
magee.melanie@epa.gov.

SUPPLEMENTARY INFORMATION: In the final rules section of this Federal 
Register, EPA is approving the State's SIP submittal as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no relevant adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no adverse comments are received in response to 
this action, no further activity is contemplated. If EPA receives 
relevant adverse comments, the direct final rule will be withdrawn and 
all public comments received will be addressed in a subsequent final 
rule based on this proposed rule. EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of the rule, and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.
    For additional information, see the direct final rule which is 
located in the rules section of this Federal Register.

    Dated: March 24, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 2010-7212 Filed 4-1-10; 8:45 am]
BILLING CODE 6560-50-P
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