[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82365-82370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2010-1033; FRL-9244-8]
RIN-2060-AQ66


Determinations Concerning Need for Error Correction, Partial 
Approval and Partial Disapproval, and Federal Implementation Plan 
Regarding Texas Prevention of Significant Deterioration Program; 
Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to correct its previous full approval of 
Texas's Clean Air Act (CAA) Prevention of Significant Deterioration 
(PSD) program to be a partial approval and partial disapproval and is 
proposing a Federal Implementation Plan (FIP) for Texas. This action is 
based on EPA's determination that Texas's PSD program is flawed because 
the state did not address how the program would apply to all pollutants 
that would become newly subject to regulation in the future, including 
non-National Ambient Air Quality Standard (NAAQS) pollutants, among 
them greenhouse gases (GHGs). The partial disapproval requires EPA to 
promulgate a FIP and so EPA is also proposing a FIP in order to assure 
that GHG-emitting sources in Texas are able to proceed with plans to 
construct or expand. In the ``Rules'' section of this Federal Register, 
we are taking this action including the FIP

[[Page 82366]]

through an interim final rule that is effective immediately.

DATES: Comments. Comments must be received on or before February 12, 
2011.
    Public Hearing: A public hearing will be held on January 14, 2011. 
Please refer to SUPPLEMENTARY INFORMATION for additional information on 
the comment period and public hearing.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2010-1033, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the online instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#23420e424d470e510e474c40484657631f42034b5146451e" http: epa.gov">epa.gov</a>">a-and-r-docket@epa.gov</a>.
    <bullet> Fax: (202) 566-9744.
    <bullet> Mail: Attention Docket ID No. EPA-HQ-OAR-2010-1033, U.S. 
Environmental Protection Agency, EPA West (Air Docket), 1200 
Pennsylvania Avenue, NW., Mail code: 6102T, Washington, DC 20460. 
Please include a total of 2 copies.
    <bullet> Hand Delivery: U.S. Environmental Protection Agency, EPA 
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334, 
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2010-1033. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-1033. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, avoid any form of encryption, and be 
free of any defects or viruses. For additional information about EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket. 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 U.S. Environmental 
Protection Agency, Air Docket, EPA/DC, EPA West Building, Room 3334, 
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.
    Public Hearing. The January 14, 2011, public hearing will be held 
at Crowne Plaza Hotel Dallas Downtown, 1015 Elm Street, Dallas, Texas, 
phone: (214) 742-5678. The public hearing will convene at 10 a.m. and 
will end at 7 p.m. or until the last registered speaker has spoken. 
Please refer to SUPPLEMENTARY INFORMATION for additional information on 
the public hearing.

FOR FURTHER INFORMATION CONTACT: For information on this proposed rule, 
contact Ms. Cheryl Vetter, Air Quality Policy Division, Office of Air 
Quality Planning and Standards (C504-03), Environmental Protection 
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
4391; fax number: (919) 541-5509; e-mail address: 
vetter.cheryl@mailto:epa.gov.
    If you would like to present oral testimony at the public hearing, 
please contact Ms. Pamela Long, U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Air Quality Planning 
Division, (C504-03), Research Triangle Park, NC 27711, telephone (919) 
541-0641, fax number (919) 541-5509, e-mail address: <a href="/cdn-cgi/l/email-protection#167a7978713866777b562a77367e6473702b" http: epa.gov">epa.gov</a>">long.pam@epa.gov</a> 
(preferred method for registering), no later than January 12, 2011. If 
using e-mail, please provide the following information: Time you wish 
to speak (morning, afternoon, evening), name, affiliation, address, e-
mail address, and telephone and fax numbers.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    The only governmental entity potentially affected by this rule is 
the State of Texas. Other entities potentially affected by this rule 
also include sources in all industry groups within the State of Texas, 
which have a direct obligation under the CAA to obtain a PSD permit for 
GHGs for projects that meet the applicability thresholds set forth in 
the Tailoring Rule.\1\ This independent obligation on sources is 
specific to PSD and derives from CAA section 165(a). The majority of 
entities potentially affected by this action are expected to be in the 
following groups:
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    \1\ ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule;'' Final Rule. 75 FR 31514 (June 3, 
2010).

------------------------------------------------------------------------
        Industry group                         NAICS \a\
------------------------------------------------------------------------
Utilities (electric, natural   2211, 2212, 2213
 gas, other systems).
Manufacturing (food,           311, 312, 313, 314, 315, 316
 beverages, tobacco,
 textiles, leather).
Wood product, paper            321, 322
 manufacturing.
Petroleum and coal products    32411, 32412, 32419
 manufacturing.
Chemical manufacturing.......  3251, 3252, 3253, 3254, 3255, 3256, 3259
Rubber product manufacturing.  3261, 3262
Miscellaneous chemical         32552, 32592, 32591, 325182, 32551
 products.

[[Page 82367]]

 
Nonmetallic mineral product    3271, 3272, 3273, 3274, 3279
 manufacturing.
Primary and fabricated metal   3311, 3312, 3313, 3314, 3315, 3321, 3322,
 manufacturing.                 3323, 3324, 3325, 3326, 3327, 3328, 3329
Machinery manufacturing......  3331, 3332, 3333, 3334, 3335, 3336, 3339
Computer and electronic        3341, 3342, 3343, 3344, 3345, 4446
 products manufacturing.
Electrical equipment,          3351, 3352, 3353, 3359
 appliance, and component
 manufacturing.
Transportation equipment       3361, 3362, 3363, 3364, 3365, 3366, 3366,
 manufacturing.                 3369
Furniture and related product  3371, 3372, 3379
 manufacturing.
Miscellaneous manufacturing..  3391, 3399
Waste management and           5622, 5629
 remediation.
Hospitals/nursing and          6221, 6231, 6232, 6233, 6239
 residential care facilities.
Personal and laundry services  8122, 8123
Residential/private            8141
 households.
Non-residential (commercial).  Not available. Codes only exist for
                                private households, construction and
                                leasing/sales industries.
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\a\ North American Industry Classification System.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this proposal will also be available on the World Wide Web. Following 
signature by the EPA Administrator, a copy of this notice will be 
posted on the EPA's NSR Web site, under Regulations & Standards, at 
http://www.epa.gov/nsr.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: Roberto Morales, OAQPS 
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park, 
NC 27711, Attention Docket ID No. EPA-HQ-OAR-2010-1033.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.

D. What information should I be aware of if I plan to attend the public 
hearing?

    The January 14, 2011, public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
this proposal. The EPA may ask clarifying questions during the oral 
presentations, but will not respond to the presentations at that time. 
Written statements and supporting information submitted during the 
comment period will be considered with the same weight as oral comments 
and supporting information presented at the public hearing. Written 
comments on the proposed rule must be postmarked by February 12, 2011, 
30 days after the January 14, 2011 hearing. Commenters should notify 
Ms. Long if they will need specific equipment, or if there are other 
special needs related to providing comments at the hearing. The EPA 
will provide equipment for commenters to show overhead slides or make 
computerized slide presentations if we receive special requests in 
advance. Oral testimony will be limited to 5 minutes for each 
commenter. The EPA encourages commenters to provide EPA with a copy of 
their oral testimony electronically (via e-mail or CD) or in hard copy 
form. The hearing schedule, including lists of speakers, will be posted 
on EPA's Web site http://www.epa.gov/nsr. Verbatim transcripts of the 
hearing and written statements will be included in the docket for the 
rulemaking. EPA will make every effort to follow the schedule as 
closely as possible on the day of the hearing; however, please plan for 
the hearing to run either ahead of schedule or behind schedule.

D. How is the preamble organized?

    The information presented in this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. What should I consider as I prepare my comments for EPA?
    D. How is the preamble organized?
II. Proposed Action
III. Statutory and Executive Order Reviews
    A. Executive Order 12866--Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform

[[Page 82368]]

    E. Executive Order 13132--Federalism
    F. Executive Order 13175--Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045--Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211--Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898--Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. CAA Section 307(d)
IV. Statutory Authority

II. Proposed Action

    We have published an interim final rule in the ``Rules'' section of 
this Federal Register to revise our previous full approval of Texas's 
PSD state implementation plan (SIP) to a partial approval and partial 
disapproval (the ``Interim Final Rule''), and to implement a FIP to 
apply the PSD program to those non-NAAQS pollutants to which the Texas 
PSD program does not already apply. We have explained our reasons for 
this action in the preamble to that rule. The reader is referred to the 
Interim Final Rule for detailed information on this proposed action.
    We solicit comment on all aspects of the rationale and legal basis 
for our determination that the Texas PSD program was flawed at the time 
we approved and therefore that we erred in approving it; and our 
approach to correcting our error, i.e., converting our previous full 
approval of the Texas PSD SIP to a partial approval and partial 
disapproval using the error correction mechanism under CAA section 
110(k)(6). This includes our finding that the Texas PSD SIP's failure 
to address, or provide assurances of having adequate legal authority, 
concerning the application of PSD to all pollutants newly subject to 
regulation, including non-NAAQS pollutants, constitutes a flaw that 
existed at the time that EPA granted full approval of that program in 
1992. This also includes our legal authority and approach for 
correcting our error in previously granting full approval of the Texas 
PSD SIP, including relying on the error correction provisions under CAA 
section 110(k)(6) and our general authority to reconsider our actions 
under CAA sections 110 and 301(a). We also solicit comment on our 
justification for proceeding with this rulemaking, including 
promulgating and implementing the FIP, as soon as possible in order to 
provide a permitting authority and thereby allow Texas sources to avoid 
delays in construction and modification. Finally, EPA specifically 
requests comments on the regulatory language included in the interim 
final rule. We are not soliciting comment on, and will not address, 
comments on issues addressed in what we call the Endangerment 
Finding,\2\ the Light-Duty Vehicle Rule,\3\ the Johnson Memo 
Reconsideration\4\ and the Tailoring Rule,\5\ or the 1978, 1980, or 
2002 PSD rules.\6\ These issues include, but are not limited to, (i) 
EPA's interpretation of the CAA as directly applying PSD requirements 
to major emitting facilities independent of any SIP requirements, and 
(ii) the applicability of PSD to non-NAAQS pollutants.
---------------------------------------------------------------------------

    \2\ ``Endangerment and Cause or Contribute Findings for 
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR 
66,496 (December 15, 2009).
    \3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and 
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25,324 
(May 7, 2010).
    \4\ ``Interpretation of Regulations that Determine Pollutants 
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April 
2, 2010). This action finalizes EPA's response to a petition for 
reconsideration of ``EPA's Interpretation of Regulations that 
Determine Pollutants Covered by Federal Prevention of Significant 
Deterioration (PSD) Permit Program'' (commonly referred to as the 
``Johnson Memo''), December 18, 2008.
    \5\ ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3, 
2010).
    \6\ 67 FR 80186 (Dec. 31, 2002); 45 FR 52676 (Aug. 7, 1980); 43 
FR 26380 (June 19, 1978); and 43 FR 26388 (June 19, 1978).
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III. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), 
this action is a ``significant regulatory action'' because it raises 
novel legal or policy issues. Accordingly, EPA submitted this action to 
the Office of Management and Budget (OMB) for review under EO 12866 and 
any changes made in response to OMB recommendations have been 
documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The OMB has previously approved the information collection requirements 
contained in the existing regulations for PSD (see, e.g., 40 CFR 52.21) 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. and has assigned OMB control number 2060-0003. The OMB control 
numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this notice on small 
entities, small entity is defined as: (1) A small business that is a 
small industrial entity as defined in the U.S. Small Business 
Administration (SBA) size standards (see 13 CFR 121.201); (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district, or special district with a population of less than 
50,000; or (3) a small organization that is any not-for-profit 
enterprise that is independently owned and operated and is not dominant 
in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. Although 
this rule could lead to federal permitting requirements for certain 
sources in Texas, those sources are large emitters of GHGs and tend to 
be large sources. We continue to be interested in the potential impacts 
of the proposed rule on small entities and welcome comments on issues 
related to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in 
expenditures of $100 million or more for state, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
The action may impose a duty on Texas to meet their existing obligation 
for PSD SIP submittal, but with lesser expenditures. Thus, this 
proposed rule is not subject to the requirements of sections 202 or 205 
of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This action applies 
only to Texas.

E. Executive Order 13132--Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on Texas, on the relationship between the 
national

[[Page 82369]]

government and Texas, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. With this action, EPA is only proposing to 
revise its previous full approval of the Texas PSD SIP to be a partial 
approval and partial disapproval to correct an error made in granting 
full approval, and to put a FIP in place in order to assure that GHG-
emitting sources in Texas are able to proceed with plans to construct 
or expand until Texas revises its SIP. Thus, Executive Order 13132 does 
not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and state and local 
governments, EPA specifically solicits comment on this proposed rule 
from state and local officials.

F. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). In this action, 
EPA is not addressing any tribal implementation plans. This action is 
limited to Texas's PSD SIP. Thus, Executive Order 13175 does not apply 
to this action.
    Although Executive Order 13175 does not apply to this proposed 
rule, EPA specifically solicits additional comment on this proposed 
action from tribal officials.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because EPA is only proposing to revise its previous full 
approval of the Texas PSD SIP to be a partial approval and partial 
disapproval to correct an error made in granting full approval, and to 
put a FIP in place in order to assure that GHG-emitting sources in 
Texas are able to proceed with plans to construct or expand.

H. Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355(May 22, 2001)), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. With this action, EPA is only proposing 
to revise its previous full approval of the Texas PSD SIP to be a 
partial approval and partial disapproval to correct an error made in 
granting full approval, and to put a FIP in place in order to assure 
that GHG-emitting sources in Texas are able to proceed with plans to 
construct or expand.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

J. Executive Order 12898--Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the U.S.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. With this action, EPA is only proposing to revise its 
previous full approval of the Texas PSD SIP to be a partial approval 
and partial disapproval to correct an error made in granting full 
approval.

K. CAA section 307(d)(1)

    Pursuant to section 307(d)(1)(B) and (V) of the CAA, the 
Administrator determines that this action is subject to the provisions 
of section 307(d). Section 307(d)(1)(B) provides that the provisions of 
section 307(d) apply to the promulgation or a FIP by the Administrator 
under CAA section 110(c) and section 307(d)(1)(V) provides that the 
provisions of section 307(d) apply to ``such other actions as the 
Administrator may determine.''

IV. Statutory Authority

    The statutory authority for this action is provided by sections 
101, 110, 114, 116, and 301 of the CAA as amended (42 U.S.C. 7401, 
7410, 7414, 7416, and 7601).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon dioxide, Carbon dioxide equivalents, 
Carbon monoxide, Environmental protection, Greenhouse gases, 
Hydrofluorocarbons, Incorporation by reference, Intergovernmental 
relations, Lead, Methane, Nitrogen dioxide, Nitrous oxide, Ozone, 
Particulate matter, Perfluorocarbons, Reporting and recordkeeping 
requirements, Sulfur hexafluoride, Sulfur oxides, Volatile organic 
compounds.

    Dated: December 23, 2010.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be 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.

    2. Section 52.2305 is added to read as follows:


Sec.  52.2305  What are the requirements of the Federal Implementation 
Plan (FIP) to issue permits under the Prevention of Significant 
Deterioration requirements to sources that emit greenhouse gases?

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met to the extent the plan, as approved, for Texas does not 
apply with respect to emissions of the pollutant GHGs from certain 
stationary sources. Therefore, the provisions of Sec.  52.21 except 
paragraph (a)(1) are hereby made a part of the plan for Texas for:
    (1) Beginning on [THE EFFECTIVE DATE OF THE FINAL RULE], the 
pollutant GHGs from stationary sources described in Sec.  
52.21(b)(49)(iv), and

[[Page 82370]]

    (2) Beginning July 1, 2011, in addition to the pollutant GHGs from 
sources described under paragraph (a)(1) of this section, stationary 
sources described in Sec.  52.21(b)(49)(v).
    (b) For purposes of this section, the ``pollutant GHGs'' refers to 
the pollutant GHGs, as described in Sec.  52.21(b)(49)(i).
    (c) In addition, the United States Environmental Protection Agency 
shall take such action as is appropriate to assure the application of 
PSD requirements to sources in Texas for any other pollutants that 
become subject to regulation under the federal Clean Air Act for the 
first time after January 2, 2011.

[FR Doc. 2010-32785 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P


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