ENVIRONMENTAL PROTECTION AGENCY 

### 40 CFR Parts 52 [EPA-R06-0AR-2008-0089; FRL-

_ 

### Approval and Promulgation ofImplementation Plans; Texas; Revisions to Voiding ofPermits and Extension ofPermits

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve severable portions ofa 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 Within this SIP submittal, the State repealed a paragraph ofthe SIP rule pertaining to the Texas Major and MinorNSR SIP and renumbered the SIP rule's paragraphs.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 ofpermits. We are also proposing to approve the portion ofthe revision that addresses the recodification ofthe provision relating to the granting ofone I8-month extension ofa permit as meeting the Major and MinorNSR SIP requirement for extensions ofpermits. The revision imposes requirements on permitees, requiring a review ofthe permit's underlying permit determinations before this SIP-approved extension can be granted. Finally, the revision provides2 for a second permit extension ifcertain 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 MinorNSR 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 ofthe Act.


### 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. JeffRobinson, 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 ofthe direct final rule located in the rules section ofthe 

### Federal Register.
FOR FURTHER INFORMATION CONTACT: Ifyou 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.3 SUPPLEMENTARY INFORMATION: In the final rules section ofthis 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. Ifno adverse comments are received in response to this action, no further activity is contemplated. IfEPA 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 ifEPA receives adverse comment on an amendment, paragraph, or section ofthe rule, and ifthat provision may be severed from the remainder ofthe rule, EPA may adopt as final those provisions ofthe rule that are not the subject ofan adverse comment.
For additional information, see the direct final rule which is located in the rules section of this Federal Register.

Dated: Acting Regional Administrator, Region 6.