11464 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 10, 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: February 25, 2010. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

■ 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 Y—Minnesota 

■ 2. In § 52.1220 the table in paragraph 

(d) is amended by removing the entry 

for ‘‘J.L. Shiely Company’’ and adding an 

entry, in alphabetical order, for 

‘‘Aggregate Industries’’ to read as 

follows: 

§ 52.1220 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

Name of source Permit No. 

State 

effective 

date 

EPA 

approval 

date 

Comments 

Aggregate Industries ....................... 12300007–002 04/03/09 03/11/10, [Insert page number 

where the document begins].

Only conditions cited as ‘‘Title I 

condition: SIP for PM10 NAAQS.’’ 

* * * * * * * 

* * * * * 

[FR Doc. 2010–5122 Filed 3–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0192; FRL–9125–9] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Chapter 116 Which Relate 

to the Permit Renewal Application and 

Permit Renewal Submittal 

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 Permit Renewal Application and 

Permit Renewal Submittal regulations. 

These portions of the SIP revisions 

approved today would address 

requirements related to the timeline for 

the submittal of an application for 

permit renewal. 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 of the Act. 

DATES: This direct final rule is effective 

on May 10, 2010 without further notice, 

unless EPA receives relevant adverse 

comment by April 12, 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–2008–0192 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–2008– 

0192. 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 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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 11465 

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, any form 

of encryption, and be free of any defects 

or viruses. 

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 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent 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: 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 Submittals 

II. What Action Is EPA Taking? 

III. EPA’s Evaluation 

A. What Did Texas Submit for the Permit 

Renewal Application Section? 

B. What Is EPA’s Evaluation of the Permit 

Renewal Application Revisions? 

C. What Did Texas Submit for the Permit 

Renewal Submittal? 

D. What Is EPA’s Evaluation of the Permit 

Renewal Submittal Revisions? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. The State’s Submittals 

On December 15, 1995, July 22, 1998, 

and September 4, 2002, the Texas 

Commission on Environmental Quality 

(TCEQ) submitted proposed revisions to 

the Texas State Implementation Plan 

(SIP) concerning the Permit Renewal 

Application, 30 TAC Chapter 116, 

Subchapter D, Section 116.311—Permit 

Renewal Application. The December 15, 

1995 and July 22, 1998 revisions were 

superseded and rendered moot by 

revisions submitted to EPA on 

September 4, 2002 because they 

repealed the earlier versions of the same 

provisions addressed in that submittal. 

The September 4, 2002 SIP revision 

recodified the existing provision of 

section 116.311(c) into a new section 

116.315—Permit Renewal Submittal. 

The SIP submittals of 30 TAC 116.311 

dated July 22, 1998 and September 4, 

2002 have other provisions that have 

not been evaluated in any prior action 

and are severable from the provisions 

that we are approving in this action 

because the revisions being addressed 

here are ministerial and noncontroversial in nature. Additional 

information related to these SIP 

submittals are contained in the 

Technical Support Document (TSD). 

Revisions to the Permit Renewal 

Submittal section were submitted by 

TCEQ to EPA on September 25, 2003 

and May 30, 2008. The September 25, 

2003 SIP submittal revisions state that 

an application for permit renewal must 

be submitted at least six months, but no 

earlier than 18 months prior to the 

permit expiration date. Also included 

within the revision is a provision for the 

Executive Director to approve 

applications before or after this 

specified time period. Following the 

passage of the Texas Senate Bill 1673 

(SB 1673), 80th Legislature, 2007, TCEQ 

submitted to EPA revisions to section 

116.315 on May 30, 2008 to allow the 

Commission to process a renewal 

application at the same time as an 

amendment for a preconstruction 

permit, provided the amendment 

application is filed not more than three 

years before the date the permit is 

scheduled to expire and is subject to 

public notice requirements. The 

revisions were adopted by the state on 

May 7, 2008. With this action, we are 

approving these revisions and 

recodifications of the Permit Renewal 

Section. 

The table below summarizes the 

changes that were submitted and are 

affected by this action. A summary of 

EPA’s evaluation of each section and the 

basis for this proposal is discussed in 

section III of this preamble. The TSD 

includes a detailed evaluation of the 

referenced SIP submittals. 

Section Title Date 

submitted 

Date adopted 

by the state Comments 

30 TAC 116.311 ................. Permit Renewal Application.12/15/95* 11/16/95* Renamed previously SIP approved Subsection (c) 

to subsections (d) and (e). 

7/22/98* 6/17/98* 

9/4/02 8/21/02 Removed pre-existing non-SIP approved subsections (d) and (e) and recodified to a new 30 

TAC 116.315 (a) and (b). 

30 TAC 116.315 ................. Permit Review Submittal 9/4/02 8/21/02 Initial adoption. 

9/25/03 8/20/03 Revised previously recodified subsection (a); New 

subsection (b); Redesignated former recodified 

subsection (b) to subsection (c). 


jlentini on DSKJ8SOYB1PROD with RULES
11466 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 

Section Title Date 

submitted 

Date adopted 

by the state Comments 

5/30/08 5/7/08 Revised subsection (a); New subsection (c); Redesignated former subsection (c) to subsection 

(d). 

* Because Texas Repealed and resubmitted each section under Subchapter D in its 7/22/98 submittal, our analysis includes 12/15/95 and 7/ 

22/98 SIP submittal together. 

II. 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 March 10, 2006, 

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 

311—Permit Renewal Application into 

the Texas SIP. Since EPA’s approval, 

Texas has submitted three SIP revisions 

to section 116.311(c) on December 15, 

1995, July 22, 1998 and September 4, 

2002. The December 15, 1995 and July 

22, 1998 rule revisions to 116.311(c) are 

superseded by the September 4, 2002 

SIP submittal. Included in the 

September 4, 2002 revision to section 

116.311, is the recodification of existing 

severable provisions from section 

116.311(c) to a new section 116.315— 

Permit Renewal Submittal. 

On September 25, 2003, TCEQ 

submitted to EPA changes to the new 

section 116.315. As a result of the 

passage of the Texas Senate Bill 1673 

(SB 1673), 80th Legislature, 2007, TCEQ 

submitted additional revisions to 

section 116.315 on May 30, 2008. The 

revisions include provisions allowing 

the Commission to process a renewal 

application at the same time as an 

amendment for a preconstruction 

permit, provided the amendment 

application is filed not more than three 

years before the date the permit is 

scheduled to expire and are subject to 

public notice requirements. 

A technical analysis of the submittals 

for the Permit Renewal Application and 

Permit Renewal Submittal sections has 

found that these changes are consistent 

with the CAA, 40 CFR Part 51 and EPA 

policies. Therefore, EPA is taking a 

direct final action to approve the 

revision and recodification of section 

116.311(c) to the new section 116.315 

rules submitted on December 15, 1995, 

July 22, 1998, September 4, 2002, 

September 25, 2003 and May 30, 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 10, 

2010 without further notice unless we 

receive relevant adverse comment by 

April 12, 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. 

III. EPA’s Evaluation 

A. What Did Texas Submit for the 

Permit Renewal Application Section? 

The provisions for 30 TAC 116.311— 

Permit Renewal Application were 

submitted to EPA on August 31, 1993 

and April 29, 1994. EPA approved the 

submitted revisions on March 10, 2006 

(71 FR 12285) and became effective on 

May 9, 2006. Since EPA’s last approval 

for this section, TCEQ has submitted 

three SIP revisions to EPA for the Permit 

Renewal Application section on 

December 15, 1995, July 22, 1998 and 

September 4, 2002. The SIP revisions 

submitted to EPA on December 15, 1995 

and July 22, 1998 are superseded by the 

SIP revision submitted September 4, 

2002. The September 4, 2002 SIP 

submittal also includes several revisions 

that remain under review and will not 

be addressed in this action. However, 

with this action, we are approving the 

recodification and revision of the 

existing provisions of section 116.311(c) 

to a new section 116.315—Permit 

Renewal Submittal. 

B. What Is EPA’s Evaluation of the 

Permit Renewal Application Revisions? 

The SIP revisions for section 

116.311—Permit Renewal Application 

revise and recodify the existing 

provisions. The revisions approved with 

this action are described below: 

• Subsections (d) and (e): The 

provisions in subsections (d) and (e) are 

currently approved as subsection (c). 

The 1995 and 1998 SIP revisions 

reorganized these provisions as 

subparagraphs (d) and (e) and made 

non-substantive changes. In the 

September 4, 2002, SIP submittal; these 

provisions were recodified into a new 

30 TAC 116.315(a) and (b). 

C. What Did Texas Submit for the 

Permit Renewal Submittal? 

Revisions to the Permit Renewal 

Submittal were submitted to EPA on 

September 25, 2003 and included 

several non-substantive changes. 

However, as a result of the passage of 

the Texas Senate Bill 1673 (SB 1673), 

80th Legislature, 2007 on May 30, 2008, 

TCEQ submitted to EPA changes to the 

Permit Renewal Section to revise and 

recodify this section’s provisions. 

D. What Is EPA’s Evaluation of the 

Permit Renewal Submittal Revisions? 

Section 116.315—Permit Renewal 

Submittal allows the Commission to 

process a renewal application at the 

same time as an amendment for a 

preconstruction permit, provided the 

amendment application is filed not 

more than three years before the date 

the permit is scheduled to expire and is 

subject to public notice requirements. 

The revisions approved with this action 

are described below: 

• Subsection (a): This subsection is 

currently approved as 30 TAC 116.311 

(c). Subsection (c) was recodified and 

reorganized as 30 TAC 116.311(d) and 

(e), submitted December 15, 1995 and 

July 22, 1998, with revisions, which 

EPA has not yet approved. On 

September 4, 2002, Texas recodified 30 

TAC 116.311(d) and (e) as 30 TAC 

116.315(a) and (b) with non-substantive 

changes. In the September 25, 2003 

submittal, Texas changed the date for 

submitting a renewal application from 

90 days prior to the permit expiration 

date to no earlier than 18 months prior 


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Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 11467 

to the expiration of the permit 

expiration date. In the May 30, 2008 

submittal, Texas revised the first 

sentence of subsection (a) to provide 

that the provisions apply, except as 

provided in subsection (b) and (c). 

EPA’s technical review has found that 

this change is an improvement of the 

existing requirements. Therefore, we are 

approving the revisions to subsection 

(a). 

• Subsection (b): In the September 4, 

2002, submittal, the last sentence of 

subsection (a) was replaced with a new 

subsection (b) which provides that with 

approval of the Executive Director, an 

application for renewal may be 

submitted after the time period in 

subsection (a). This revised provision is 

broader than the current SIP provisions 

and is beyond the current CAA 

requirements and EPA NSR 

requirements. Therefore, by approving 

this revision into the SIP, the existing 

rule language will be clarified and 

enhanced. 

• Subsection (c): This new 

subsection, submitted May 30, 2008, 

provides that a renewal application with 

appropriate fee may be submitted at the 

same time as an amendment application 

to modify an existing facility as long as 

it is submitted not more than three years 

before the permit’s expiration date and 

the amendment is subject to public 

notice requirements under Texas Health 

Code, section 382.056, Notice of Intent 

to Obtain Permit or Permit Review; 

Hearing. The Texas public participation 

and air permit rules may be found in 30 

TAC Chapter 39 and 30 TAC 101, 

respectively, and are severable from the 

section 116.315 provisions. Because the 

revisions to this section affect the timing 

of permit renewals and do not change 

the requirements for public notice and 

permit fees, EPA is approving this 

change. 

• Subsection (d): This was initially 

submitted as subsection (b) on 

September 4, 2002. This subsection was 

recodified as subsection (c) in the 

September 25, 2003, submittal, then 

recodified to subsection (d) in the May 

8, 2008 submittal. Other than the two 

recodifications, no changes were made. 

The recodification of subsection (d) is a 

non-substantial change; therefore, EPA 

is approving this revision. 

IV. Final Action 

EPA is taking direct final action to 

approve severable portions of revisions 

to the SIP Texas submitted on December 

15, 1995, July 22, 1998, September 4, 

2002, September 25, 2003, and May 30, 

2008. We have determined that the 

revised rules clarify and enhance the 

existing SIP. 

Within the TSD, several sections of 

these SIP submittals are identified as 

being included in this action. 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. 

V. 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. section 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 10, 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).) 

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: March 2, 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. 


jlentini on DSKJ8SOYB1PROD with RULES
11468 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 

Subpart SS—Texas 

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

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

116, Subchapter D, as follows: 

■ a. By revising the entry for Section 

116.311, Permit Renewal Application; 

and 

■ b. Immediately following the entry for 

Section 116.314, Review Schedule, by 

adding a new entry for Section 116.315, 

Permit Renewal Submittal. 

The revision and addition 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 D—Permit Renewals 

* * * * * * * 

Section 116.311 ......... Permit Renewal Application.4/6/1994 3/10/2006, 71 FR 12285 The SIP does not include subsection (c). The requirements of subsection (c) were added to 

Section 116.315 and approved by EPA on 

March 11, 2010 [Insert FR page number 

where document begins]. 

* * * * * * * 

Section 116.315 ......... Permit Renewal Submittal.5/7/2008 March 11, 2010 [Insert 

FR page number 

where document begins].

* * * * * * * 

[FR Doc. 2010–5240 Filed 3–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2820. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 


jlentini on DSKJ8SOYB1PROD with RULES