10416 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 

I. How Can I Get Copies of This 

Document and Other Related 

Information? 

This Federal Register notice, the 

petition for reconsideration, and the 

letter denying the petition for 

reconsideration and request for an 

administrative stay during the 

reconsideration are available in the 

docket that has been established for this 

action under Docket ID No. EPA–R05– 

OAR–2006–0609. All documents in the 

docket are listed on the http:// 

www.regulations.gov Web site. Publicly 

available docket materials are available 

in hard copy at: Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you contact Danny Marcus, 

Environmental Engineer, at (312) 353– 

8781 before visiting the Region 5 office. 

In addition to being available in the 

docket, an electronic copy of each of 

these documents will be available on 

the World Wide Web. Following 

signature by the Assistant 

Administrator, Office of Air and 

Radiation, a copy of this notice will be 

posted on EPA’s NSR Web site, under 

Regulations & Standards, at http:// 

www.epa.gov/nsr. 

II. Judicial Review 

Under CAA section 307(b), judicial 

review of this final action is available 

only by filing a petition for review in 

the U.S. Court of Appeals for the District 

of Columbia Circuit on or before May 7, 

2010. 

Dated: February 26, 2010. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. 2010–4700 Filed 3–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0850; FRL–9123–7] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Chapter 116 Which Relate 

to the Application Review Schedule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve revisions to the 

applicable State Implementation Plan 

(SIP) for the State of Texas which relate 

to the Application Schedule regulations 

submitted to EPA on September 25, 

2003 and January 24, 2008. The portions 

of the SIP revision approved today 

would revise and recodify existing SIP 

provisions addressing requirements 

related to the voiding of an application 

for a permit or permit amendment and 

implement the requirements of House 

Bill (HB) 3732, 80th Legislature (2007), 

and the Texas Health and Safety Code, 

section 382.0566, concerning specific 

deadlines for review and issuance of air 

permits for Advanced Clean Energy 

Projects (ACEP). 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 

taken under section 110 and parts C and 

D of the Act. 

DATES: This direct final rule is effective 

on May 7, 2010 without further notice, 

unless EPA receives relevant adverse 

comment by April 7, 2010. If EPA 

receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2006–0850 by one of the following 

methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

(2) E-mail: Mr. Jeff Robinson at 

robinson.jeffrey@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below. 

(3) U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

(4) Fax: Mr. Jeff Robinson, Chief, Air 

Permits Section (6PD–R), at fax number 

214–665–6762. 

(5) Mail: Mr. Jeff Robinson, Chief, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(6) Hand or Courier Delivery: Mr. Jeff 

Robinson, Chief, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2006– 

0850. 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 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

e-mail, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that 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 along with any disk or CD– 

ROM submitted. 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 and any form of encryption 

and should 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 Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 10417 

1On March 20, 2009 (74 FR 11851) EPA approved 

30 TAC 116.12, 116.143, 116.150, 116.170, 116.172, 

and 116.313. 

2On September 23, 2009 (74 FR 48480) EPA 

proposed to disapprove 30 TAC 116.715. 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cents per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittals, which are part 

of the EPA docket, are also available for 

public inspection at the State Air 

Agency during official business hours 

by appointment: Texas Commission on 

Environmental Quality, Office of Air 

Quality, 12124 Park 35 Circle, Austin, 

Texas 78753. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

direct final action, please contact Ms. 

Melanie Magee, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733; 

telephone (214) 665–7161; fax number 

(214) 665–6762; e-mail address 

magee.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is 

used, we mean EPA. 

Table of Contents 

I. The State’s Submittal 

A. Which Rules Did the State Submit? 

B. What Action Is EPA Taking? 

II. EPA’s Evaluation 

A. What Did Texas Submit on September 

25, 2003? 

B. What Is EPA’s Evaluation of the 

September 25, 2003 SIP Revision? 

C. What Did Texas Submit on January 24, 

2008? 

D. What Is EPA’s Evaluation of the January 

24, 2008 SIP Revision? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. Which Rules Did the State Submit? 

On September 25, 2003 and January 

24, 2008, the Texas Commission on 

Environmental Quality (TCEQ) 

submitted proposed revisions to the 

Texas State Implementation Plan (SIP) 

concerning the Application Review 

Schedule, 30 TAC Chapter 116, 

Subchapter B, Division 1, Section 

116.114. The TCEQ adopted these 

revisions on August 20, 2003 and 

December 19, 2007, to address 

requirements related to the voiding of a 

permit or permit amendment and 

Advanced Clean Energy Projects 

(ACEP), respectively. The September 25, 

2003 SIP submittal affects sections 

116.12, 116.114, 116.115, 116.120, 

116.143, 116.150, 116.170, 116.172, 

116.313, 116.315, and 116.715. With 

this action, EPA is taking a direct final 

action to approve the section 116.114 

revisions. Sections 116.115, 116.120 and 

116.315 are currently under review and 

EPA will act on these revisions 

separately. The remaining sections have 

been addressed by EPA in prior separate 

actions.1,2 The January 24, 2008 SIP 

submittal affects section 116.114 and 

with this review, EPA is taking a direct 

final action to approve those changes. 

Tables 1 and 2 below summarize the 

changes that were submitted. A 

summary of EPA’s evaluation of each 

section and the basis for this direct final 

rule is discussed in section II of this 

preamble. The Technical Support 

Document (TSD) includes a detailed 

evaluation of the referenced SIP 

submittals. 

TABLE 1—SUMMARY OF EACH SIP SUBMITTAL THAT IS AFFECTED BY THIS ACTION

Title of SIP 

submittal 

Date 

submitted to 

EPA 

Date of state 

adoption 

Regulations 

affected Proposed action 

Application Review Schedule ..................... 9/25/03 8/20/03 Revision to 30 TAC 116.114 ...................... Approval. 

Advanced Clean Energy Project Permitting 

(HB 3732).

1/24/08 12/19/07 Revision to 30 TAC 116.114 ...................... Approval. 

TABLE 2—SUMMARY OF EACH REGULATION THAT IS AFFECTED BY THIS ACTION

Section Title Date 

submitted 

Date adopted 

by the state Proposed action Comments 

Chapter 116—Control of Air Pollution by Permits for New Construction of Modification 

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

30 TAC 116.114 ..... Application Review 

Schedule.

9/25/03 

1/24/08 

8/20/03 

12/19/07 

Approval ..................

Approval ..................

Revised paragraph (b)(2). 

Revised to address requirements related 

to Advanced Clean Energy Projects 

(ACEP). 

Redesignated existing paragraph (a)(3) 

to (a)(4) and added new paragraph 

(a)(3). 

B. What Action Is EPA Taking? 

We have evaluated the SIP 

submissions for consistency with the 

CAA, NSR regulations for major and 

minor sources in 40 CFR Part 51, and 

the approved Texas SIP. We have also 

reviewed the rules for enforceability and 

legal sufficiency. In this review, we 

have identified that on September 18, 

2002, EPA approved revisions to Title 

30 of the Texas Administrative Code (30 

TAC), Chapter 116—Control of Air 

Pollution by Permits for New 

Construction or Modification, Section 

114—Application Review Schedule into 

the Texas SIP. Since EPA’s approval, 

Texas has submitted three SIP revisions 

to section 116.114 on October 25, 1999, 

September 25, 2003 and January 24, 

2008. The September 25, 2003 and 

January 24, 2008 rule revisions have 


pwalker on DSK8KYBLC1PROD with RULES
10418 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 

been determined to be severable from 

the October 25, 1999 revisions. The 

October 25, 1999 revision to section 

116.114 contains references to the rules 

adopted by the State for 30 TAC Chapter 

39, Public Notice. A Limited Approval 

and Limited Disapproval (LALD) was 

proposed on November 26, 2008 (73 FR 

72001) for the section 116.114 revisions 

submitted to EPA on October 25, 1999. 

Therefore, this action will not include 

the section 116.114 revisions submitted 

on October 25, 1999, which will be 

addressed separately. 

A technical analysis of the September 

25, 2003 and January 24, 2008 proposed 

rule revisions have found that these 

revisions are consistent with the CAA, 

40 CFR Part 51 and EPA policies. 

Therefore, EPA is taking a direct final 

action to approve the revised section 

116.114 rules submitted on September 

25, 2003 and January 24, 2008. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

relevant adverse comments are received. 

This rule will be effective on May 7, 

2010 without further notice unless we 

receive relevant adverse comment by 

April 7, 2010. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

II. EPA’s Evaluation 

A. What Did Texas Submit on 

September 25, 2003? 

Texas submitted a revision to 30 TAC 

116.114 requiring that an application for 

a permit or permit amendment be 

voided in the event deficient 

information supplied with the 

application is not corrected. If an 

applicant fails to make a good faith 

effort to provide the required 

information after two written 

notifications of the deficiency, the 

Executive Director shall void the 

application and notify the applicant. To 

further pursue the project following a 

voiding of the application, the applicant 

shall submit an entirely new application 

on a new form. The new application 

shall be subject to the state and federal 

rules and regulations in place at the 

time of submittal. If a new application 

is submitted within six months of the 

voidance of the original application, the 

application shall be exempt from the fee 

requirements under 30 TAC 116.140, 

Applicability. However, the applicant 

must go through a new technical review 

and republish the public notice. 

The revised paragraph 116.114 (b)(2) 

adds language to state that the Executive 

Director shall notify a permit applicant 

of voidances and deficiencies in voided 

applications. The paragraph also states 

that the submitted application shall 

meet the requirements of 30 TAC 

116.111, General Application. See 

section 116.114(b)(2). 

B. What Is EPA’s Evaluation of the 

September 25, 2003 SIP Revision? 

This SIP revision changing the 

provisions contained in section 116.114 

provides for the voiding of a deficient 

application for a permit or permit 

amendment. Texas revised this section 

as described below: 

• Voiding of deficient application. 

Under the existing provisions in 30 TAC 

116.114(b)(2), the applicant is notified 

of the voidance of the application. The 

revision contained in this SIP submittal 

specifies that the Executive Director will 

also notify the applicant of the 

remaining deficiencies in the voided 

application. Also included with this SIP 

revision is the requirement for meeting 

section 116.111, General Application. 

Prior to the proposed final action for 

the 30 TAC 116.111 revisions, EPA 

approved 30 TAC 116.111, General 

Application, into the existing SIP on 

September 18, 2002 (67 FR 58697). The 

references contained in the 30 TAC 

116.114 revisions were deemed to be 

consistent with the existing SIP 

approved provisions for 30 TAC 

116.111. 

The CAA and federal regulations do 

not specify a procedure for the voidance 

of a permit or permit application. 

However, the Federal Regulations do 

provide in 40 CFR 51.163 that the SIP 

must include administrative procedures 

to be applied in making determinations 

specified in 40 CFR 51.160. Therefore, 

a State should establish an 

administrative procedure for the 

voidance of permits or permit 

applications that do not meet the 

requirements of the Act and the 

applicable regulations. By adopting the 

voidance rule revisions, TCEQ has 

improved the SIP provision for the 

voidance of permit applications that do 

not meet the requirements contained in 

the SIP, including the state approved 

provisions of section 116.111, General 

Application. 

C. What Did Texas Submit on January 

24, 2008? 

In this SIP submittal, TCEQ amended 

30 TAC 116.114 in 30 TAC Chapter 116 

to implement the requirements of House 

Bill 3732, 80th Legislature (2007), and 

Texas Health and Safety Code, section 

382.0566, concerning specific deadlines 

for review and issuance of air quality 

permits for ACEPs. The amendment 

revises section 116.114 by adding a new 

paragraph (a)(3) and redesignating the 

existing paragraph (a)(3) to paragraph 

(a)(4). 

The new paragraph (a)(3) establishes 

a review schedule for processing 

permits for ACEP. For any ACEP, the 

Executive Director of the TCEQ must 

complete the technical review of the 

permit application no later than nine 

months after declaring the permit 

application to be administratively 

complete. See section 116.114(a)(3)(A). 

Not later than nine months after 

declaring the permit application to be 

technically complete, the TCEQ shall 

issue an order to either issue or deny the 

permit. The TCEQ may extend this 

deadline up three months if it 

determines that the number of complex 

pending applications for permits under 

Chapter 116 will prevent the TCEQ from 

meeting the nine-month deadline 

without creating an extraordinary 

burden on the resources of the TCEQ. 

See section 116.114(a)(3)(B). 

D. What Is EPA’s Evaluation of the 

January 24, 2008 SIP Revision? 

This SIP revision revises section 

116.114 to establish a timeline for 

processing ACEP permits. Texas revised 

this section as described below: 

• Determination of administrative 

completeness. Under the existing 

provisions in section 116.114(a)(1), the 

TCEQ must determine whether any 

permit application, including ACEP 

applications, are administratively 

complete within 90 days of receipt of 

the application. Paragraph (a)(1) 

continues to provide the procedures for 

notification for any permit application, 

whether it is administratively complete 

or whether it is deficient. Paragraph 

(a)(2) continues to provide the 

procedures for making a preliminary 

decision to approve or disapprove an 

application. These provisions were not 

changed in this SIP revision. 

• Determination of technical 

completeness. The new section 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 10419 

116.114(a)(3)(A) provides that the 

Executive Director of the TCEQ shall 

complete the technical review of the 

permit application for an ACEP not later 

than nine months after declaring the 

permit application to be 

administratively complete. 

• Issuance or denial of an ACEP 

permit. The new section 

116.114(a)(3)(B) provides that the 

Executive Director of the TCEQ shall 

issue a final order either to issue or to 

deny a permit for an ACEP not later 

than nine months after declaring the 

permit application to be technically 

complete. This paragraph provides that 

this deadline may be extended up to 

three additional months whenever the 

Commission determines that the 

number of complex pending 

applications for permits under Chapter 

116 will prevent the TCEQ from meeting 

the nine month deadline without 

creating an extraordinary burden on the 

resources of TCEQ. With regards to 

processing applications for new and 

modified sources, the Federal 

regulations provide in 40 CFR 51.163 

that the plan must include the 

administrative procedures, which will 

be followed in making the 

determination specified in paragraph (a) 

of section 51.160. Accordingly, a State 

may establish a timeline for processing 

a permit that the State determines is 

necessary to process a permit 

application and make a final permit 

decision that meets the requirements of 

the Act and the applicable regulations. 

In adopting the timeline for processing 

ACEPs, Texas has set forth a schedule 

that will enable TCEQ to make 

declarations whether the ACEP 

application is administratively 

complete, technically complete, and to 

perform its evaluation of the permit 

application to determine whether it 

meets the requirements in the SIP, 

including the approved provisions of 

section 116.111, General Application, 

and to make its determination whether 

to issue or deny the permit. Thus this 

revised rule continues to ensure that 

new and modified sources will be 

authorized based upon the State’s 

finding that the construction or 

modification of new and modified ACEP 

sources will not: (1) Violate applicable 

portions of the control strategy; or (2) 

interfere with attainment or 

maintenance of a national standard in 

the State in which the proposed source 

(or modification) is located or in a 

neighboring State; which satisfies the 

requirements of 40 CFR 51.160(a) and 

(b). These rules also satisfy the 

requirements under section 110(l) of the 

Act which provides that a plan revision 

must not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

requirement of the act. The application 

review schedule provisions under 

review in this action will not interfere 

with attainment or reasonable further 

progress or any other applicable 

requirement of the Act. 

III. Final Action 

EPA is taking direct final action to 

approve revisions of the SIP Texas 

submitted on September 25, 2003 and 

January 24, 2008. We have determined 

that the revised rules clarify and 

strengthen the existing SIP. 

EPA is not taking action on the 

revisions to sections 116.12, 116.114, 

116.115, 116.120, 116.143, 116.150, 

116.170, 116.172, 116.313, 116.315, and 

116.715 included in the September 25, 

2003 SIP submittal. Sections 116.115, 

116.120 and 116.315 are currently under 

review and EPA will act on these 

revisions separately. The remaining 

sections have been addressed by EPA in 

prior separate actions. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘Significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 7, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 


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10420 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 24, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 is 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. 

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by revising the 

entry for Section 116.114 under Chapter 

116—Control of Air Pollution by 

Permits for New Construction or 

Modification, Subchapter B—New 

Source Review Permits, Division 1— 

Permit Application, to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/Subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

* * * * * * * 

Chapter 116—Control of Air Pollution by Permits for New Construction or Modification 

* * * * * * * 

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

* * * * * * * 

Section 116.114 ........ Application Review 

Schedule.

12/19/07 03/08/10 [Insert FR 

page number where 

document begins].

Subsections (a), (a)(1), (a)(2), (b), and (b)(1) in 

the SIP are as adopted 6/17/98 and approved 

by EPA 9/18/02, 67 FR 58697. 

Subsection (b)(2) and subsections (a)(3) and 

(a)(4) are as adopted 8/20/03 and 12/19/07, 

respectively, and approved by EPA on 03/08/ 

10 [Insert FR page number where document 

begins]. 

* * * * * * * 

[FR Doc. 2010–4833 Filed 3–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0693; FRL–9108–4] 

Approval and Promulgation of 

Implementation Plans: 1-Hour Ozone 

Extreme Area Plan for San Joaquin 

Valley, CA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving state 

implementation plan (SIP) revisions 

submitted by the State of California to 

meet the Clean Air Act (CAA) 

requirements applicable to the San 

Joaquin Valley, California extreme 1- 

hour ozone standard nonattainment area 

(SJV area). EPA is approving the SIP 

revisions for the SJV area as meeting 

applicable CAA and EPA regulatory 

requirements for the attainment and 

rate-of-progress demonstrations and 

their related contingency measures, 

reasonably available control measures, 

and other control requirements. In 

addition, EPA is approving the SJV Air 

Pollution Control District’s Rule 9310, 

‘‘School Bus Fleets.’’ 

DATES: Effective Date: This rule is 

effective on April 7, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2008–0693 for 

this action. The index to the docket is 

available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Frances Wicher, EPA Region IX, (415) 

942–3957, wicher.frances@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Summary of Proposed Actions 

II. Summary of Public Comments Received 

on the Proposals and EPA Responses 

III. Approval Status of Rules 

IV. Final Actions 

V. Statutory and Executive Order Review 

I. Summary of Proposed Actions 

On July 14, 2009 at 74 FR 33933, EPA 

proposed to approve in part and 

disapprove in part the state 

implementation plan (SIP) revisions 


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