ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Parts 52 

[EPA-R06-OAR-2006-0850; FRL- ] 

Approval and Promulgation of Implementation Plans; 

Texas; Revisions to Chapter 116 which relate to the Application Review Schedule

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve revisions to the Texas State Implementation Plan 

(SIP) submitted by the State of Texas to EPA on September 25, 2003 and January 24, 2008. The 

portions of the SIP revisions proposed today address requirements found under Title 30 in the 

Texas Administrative Code (TAC), Chapter 116 – Control of Air Pollution by Permits for New 

Construction or Modification, Section 114 – Application Review Schedule. The proposed 

revisions (1) amends the requirements related to the voiding of a permit or permit amendment 

and (2) implements the requirements of House Bill 3732, 80th Legislature (2007), and the Texas 

Health and Safety Code, section 382.0566, concerning specific deadlines for review and issuance 

of air quality permits for Advanced Clean Energy Projects (ACEP). EPA has determined 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.
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DATES: Comments must be received on or before [insert the date 30 days after date of 

publication in FEDERAL REGISTER]. 

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 this 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 
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comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant 

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: Al Armendariz, 

 Regional Administrator, Region 6.