ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-0AR-2008-0089; FRL- _

Approval and Promulgation of Implementation Plans;

Texas; Revisions to Voiding of Permits and Extension of Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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 Within this SIP submittal, the State repealed a paragraph ofthe SIP rule pertaining to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 of permits.

We are also proposing to approve the portion ofthe revision that addresses the

recodification ofthe provision relating to the granting of one I8-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 ofthe permit's underlying permit

determinations before this SIP-approved extension can be granted. Finally, the revision provides
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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 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. 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 ofthe direct final rule located

in the rules section ofthe 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.
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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. 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 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

of an 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.