[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10416-10420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4833]


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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.

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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 <a href="/cdn-cgi/l/email-protection#2c5e434e45425f43420246494a4a5e49556c495c4d024b435a"><span class="__cf_email__" data-cfemail="f68499949f98859998d89c93909084938fb6938697d8919980">[email protected]</span></a>. 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

[[Page 10417]]

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 
<a href="/cdn-cgi/l/email-protection#fd909c9a9898d39098919c939498bd988d9cd39a928b"><span class="__cf_email__" data-cfemail="deb3bfb9bbbbf0b3bbb2bfb0b7bb9ebbaebff0b9b1a8">[email protected]</span></a>.

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.<SUP>1,2</SUP> 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.
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    \1\ On March 20, 2009 (74 FR 11851) EPA approved 30 TAC 116.12, 
116.143, 116.150, 116.170, 116.172, and 116.313.
    \2\ On September 23, 2009 (74 FR 48480) EPA proposed to 
disapprove 30 TAC 116.715.

                     Table 1--Summary of Each SIP Submittal That Is Affected by This Action
----------------------------------------------------------------------------------------------------------------
                                      Date
    Title of SIP  submittal       submitted to    Date of state      Regulations           Proposed action
                                       EPA          adoption          affected
----------------------------------------------------------------------------------------------------------------
Application Review Schedule....         9/25/03         8/20/03  Revision to 30 TAC  Approval.
                                                                  116.114.
Advanced Clean Energy Project           1/24/08        12/19/07  Revision to 30 TAC  Approval.
 Permitting (HB 3732).                                            116.114.
----------------------------------------------------------------------------------------------------------------


                                           Table 2--Summary of Each Regulation That Is Affected by This Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Date        Date adopted
               Section                           Title              submitted     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               9/25/03         8/20/03  Approval................  Revised paragraph (b)(2).
                                        Schedule.                       1/24/08        12/19/07  Approval................  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

[[Page 10418]]

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:
    <bullet> 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:
    <bullet> 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.
    <bullet> Determination of technical completeness. The new section

[[Page 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.
    <bullet> 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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).)

[[Page 10420]]

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.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. The table in Sec.  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:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                    State
       State citation          Title/Subject      approval/      EPA approval              Explanation
                                               submittal date        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              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             12/19/07  03/08/10 [Insert  Subsections (a), (a)(1),
                              Review Schedule.                  FR page number    (a)(2), (b), and (b)(1) in the
                                                                where document    SIP are as adopted 6/17/98 and
                                                                begins].          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


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