43062 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

9See Order No. 676–E, FERC Stats. & Regs. 

¶ 31,299 at P 126; Order No. 729 at P 95. 

10 In contrast to the compliance dates the 

Commission is establishing for the NERC MOD 

Reliability Standards, the compliance date for the 

WEQ Version 002.1 Business Practice Standards do 

not establish a separate compliance date for 

transactions outside of the continental United 

States. 

11Order No. 676–E, FERC Stats. & Regs. ¶ 31,299 

at P 128. 

12 5 CFR 1320 (2010). 

Commission grants rehearing of its 

determination in Order No. 729–A and 

directs that the MOD Reliability 

Standards shall become effective within 

the United States as of the first day of 

the first quarter occurring 365 days after 

their approval by the Commission, i.e., 

April 1, 2011. 

14. Thus, the Commission rejects 

arguments raised by Bonneville, LPPC, 

SWAT and WestConnect that the 

implementation of the MOD Reliability 

Standards should be delayed because 

the original implementation plan 

contemplated approval of all applicable 

regulatory authorities, including certain 

Canadian provinces, and those entities 

did not act within the same quarter as 

the Commission. It is unclear whether 

and when the Canadian provinces will 

act on these MOD Reliability Standards. 

This uncertainty is the reason why the 

Commission granted clarification in 

Order No. 729–A. Although the 

Commission appreciates that industry 

acted in reliance of the original 

implementation plan, we believe that 

the most reasonable clarification of the 

Commission’s directive in Order No. 

729 is to make the MOD Reliability 

Standards effective within the United 

States on the first day of the first quarter 

occurring 365 days following approval 

by the Commission, i.e., April 1, 2011. 

15. When the Commission issued 

Order No. 676–E, it purposely set an 

implementation timeline for compliance 

with the NAESB business practice 

standards that was identical to the one 

prescribed in Order No. 729 for the 

related NERC reliability standards.9 In 

this order and in Order No. 729–A, the 

Commission has modified the 

compliance schedule for the MOD 

Reliability Standards such that it no 

longer matches the compliance schedule 

for the WEQ Version 002.1 Business 

Practice Standards that the Commission 

incorporated by reference in Order No. 

676–E. Thus, to maintain the 

consistency that the Commission 

determined was appropriate in Order 

Nos. 676–E and 729, we will modify the 

compliance deadline that we prescribed 

in Order No. 676–E to match the 

compliance deadline that we are 

prescribing for the MOD Reliability 

Standards within the continental United 

States.10 Thus, the NAESB business 

practice standards shall become 

effective on the same date as the MOD 

Reliability Standards. 

16. Consistent with our determination 

in Order No. 676–E, public utilities 

shall file any necessary tariff revisions, 

including any revisions to Attachment C 

of their OATT, at least ninety days 

before the prescribed date for 

compliance with the revised NAESB 

business practice standards.11

Consistent with our prior practice, if a 

public utility fails to file the required 

tariff revisions prior to the compliance 

date, it nonetheless must abide by the 

NAESB Version 002.1 WEQ standards 

even before it has updated its tariff to 

incorporate these changes. 

17. In response to MISO’s request, the 

Commission clarifies that Order No. 

729–A did not create automatic liability 

for transmission operators that comply 

with their own data requirements, but 

do not receive needed data from other 

transmission operators. The 

Commission intended, in Order No. 

729–A, to clarify that to the extent 

transmission providers within the 

United States rely on information 

provided by transmission providers in 

other countries to complete their 

calculations of available transfer or 

flowgate capability, and the 

transmission providers in other 

countries do not provide sufficiently 

transparent information for the 

transmission providers within the 

United States to complete their 

implementation documents, the 

transmission operators within the 

United States would not violate the 

MOD Reliability Standards approved in 

Order No. 729 as a result of that lack of 

information from counterparts in other 

countries. 

III. Information Collection Statement 

18. The Office of Management and 

Budget (OMB) regulations require that 

OMB approve certain information 

collection requirements imposed by an 

agency.12 The revisions to the 

information collection requirements for 

transmission service providers and 

transmission operators adopted in Order 

No. 729 were approved under OMB 

Control No. 1902–0244. This order 

clarifies these requirements in order to 

more clearly state the obligations 

imposed in Order No. 729, but does not 

substantively alter those requirements. 

OMB approval of this order is therefore 

unnecessary. However, the Commission 

will send a copy of this order to OMB 

for informational purposes only. 

IV. Document Availability 

19. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

20. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. 

21. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours from FERC 

Online Support at (202) 502–6652 (toll 

free at 1–866–208–3676) or e-mail at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. E-mail the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

V. Effective Date and Congressional 

Notification 

22. Rehearings and clarifications 

adopted in this Order on Rehearing and 

Reconsideration will become effective 

August 23, 2010. 

By the Commission. Commissioner LaFleur 

voting present. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–17735 Filed 7–22–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0210; FRL–9177–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to Emissions Inventory 

Reporting Requirements and 

Conformity of General Federal Actions, 

Including Revisions Allowing 

Electronic Reporting Consistent With 

the Cross Media Electronic Reporting 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43063 

SUMMARY: EPA is approving Texas State 

Implementation Plan (SIP) revisions that 

were submitted by the Governor of 

Texas and by the Texas Commission on 

Environmental Quality (TCEQ) 

respectively on December 17, 1999 and 

February 26, 2007. The revisions pertain 

to regulations on reporting air pollution 

emissions (emission inventories), and 

conformity of general federal actions to 

SIPs. The revisions on emissions 

inventories allow the state to collect 

additional data related to emissions 

from stationary sources and contain 

requirements for sources in regions that 

are in violation of a national ambient air 

quality standard (NAAQS) to report 

typical daily emissions of carbon 

monoxide and ozone precursor gases 

during the winter and summer months, 

respectively. The revisions also allow 

for electronic reporting of documents 

required under federally authorized 

programs and designated state 

programs, including emissions 

inventories from stationary sources. The 

revisions to regulations on conformity of 

general federal actions to SIPs are nonsubstantive. EPA is approving the 

revisions pursuant to Section 110, part 

D of the Federal Clean Air Act (CAA). 

DATES: This rule is effective on 

September 21, 2010 without further 

notice, unless EPA receives relevant 

adverse comment by August 23, 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 No. EPA–R06– 

OAR–2007–0210, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

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

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

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

Donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 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–2007– 

0210. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

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 or Mr. Bill Deese at 

214–665–7253 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 submittal is also available 

for public inspection at the State Air 

Agency listed below 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: 

Emad Shahin, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–6717; fax number 

214–665–7263; e-mail address 

shahin.emad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the 

EPA. 

Outline 

I. What action is EPA taking? 

II. What is a SIP? 

III. What is the background for this action? 

IV. What is EPA’s evaluation of the revision? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving revisions to the 

Texas SIP that pertain to regulations on 

reporting of emissions (emissions 

inventories) submitted by stationary 

sources of air pollutants and conformity 

of general Federal actions to SIPs. 

Revisions were adopted by the State of 

Texas on December 1, 1999, and 

submitted to EPA Region 6 on December 

17, 1999. Additional revisions to the 

emissions inventory regulations were 

adopted on February 7, 2007, and 

submitted to EPA on February 26, 2007. 

Specifically we are approving: 

• Revisions to 30 TAC 101.10 

Emissions Inventory Requirements, 

submitted December 1999; 

• Revisions to 30 TAC 101.30, 

Conformity of General Federal Actions 

to State Implementation Plans 

submitted December 1999; and 

• The creation of Chapter 19, 

Electronic Reporting (30 TAC 19) 

submitted February 2007. 

This approval does not address the 

revision of 30 TAC 101.1 (Definitions) 

and adding of 30 TAC 101.28 

(Stringency Determination for Federal 

Operating Permits) which were 

submitted on December 17, 1999. The 

revisions to section 101.1 were later 

WReier-Aviles on DSKGBLS3C1PROD with RULES

43064 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

superceded by revisions adopted by 

Texas on September 26, 2001, and 

approved by EPA on November 14, 2001 

(66 FR 57252). Because the December 

17, 1999, revisions 101.1 were 

superceded by the 2001 submission 

which has already been approved, no 

action or review is needed here. EPA 

intends to take action on 30 TAC 101.28 

at a later time. A more complete 

description of the revisions is available 

in the Technical Support Document 

(TSD) posted on www.regulations.gov. 

We are approving the revisions 

pursuant to Section 110, part D of the 

CAA. The reporting of additional 

emissions and emissions-related data 

will help to achieve and continue to 

maintain the NAAQS in Texas. 

Regulated entities that submit emissions 

inventories will be allowed to do so 

electronically. Approving these 

revisions and the administrative 

changes to the general conformity rule 

will make the federal SIP consistent 

with the state’s rules. 

We are also making a ministerial 

correction to the table in 40 CFR 

52.2270(c) to reflect the correct title of 

the EPA approved regulation in the 

Texas SIP. The ministerial correction 

applies to the table entry for Section 

101.30, which should be titled 

‘‘Conformity of General Federal Actions 

to State Implementation Plans’’. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no 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 September 21, 2010 

without further notice unless we receive 

relevant adverse comment by August 23, 

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. What is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the national ambient air 

quality standards (NAAQS) established 

by EPA. NAAQS are established under 

section 109 of the CAA and currently 

address six criteria pollutants: Carbon 

monoxide (CO), nitrogen dioxide, 

ozone, lead (Pb), particulate matter 

(PM), and sulfur dioxide (SO2). 

A SIP is a set of air pollution 

regulations, control strategies, other 

means or techniques, and technical 

analyses developed by the state, to 

ensure that the state meets the NAAQS. 

It is required by section 110 and other 

provisions of the CAA. A SIP protects 

air quality primarily by addressing air 

pollution at its point of origin. A SIP 

can be extensive, containing state 

regulations or other enforceable 

documents, and supporting information 

such as emissions inventories, 

monitoring networks, and modeling 

demonstrations. Each state must submit 

regulations and control strategies to EPA 

for approval and incorporation into the 

federally-enforceable SIP. 

III. What is the background for this 

action? 

On December 17, 1999, the Governor 

of Texas submitted rules for inclusion 

into the SIP which amended regulations 

on emissions inventories submitted by 

stationary sources of air pollutants and 

conformity of general Federal actions to 

SIPs. The revisions to 30 TAC 101.10, 

emissions inventory requirements: (1) 

Allow the state to collect additional data 

related to emissions from stationary 

sources, (2) contain requirements for 

sources in regions that are in violation 

of a NAAQS to report typical daily 

emissions of carbon monoxide and 

ozone precursor gases during the winter 

and summer months, respectively, (3) 

delete a requirement to report allowable 

emissions in the emissions inventory 

report, (4) add a requirement for 

facilities to report actual emissions for 

the statewide annual inventory update if 

a change in operating conditions results 

in a change from the most recently 

submitted emissions data of at least 5 

tons per year in total annual emissions 

of volatile organic compounds, NOX, 

CO, SO2, Pb, or PM, (5) require 

submission of calculations 

representative of emission producing 

processes where continuous emission 

monitoring system data is not available, 

and (6) remove obsolete language that 

referred to inventory requirements due 

in 1992 and 1993. 

The revisions to the regulation on 

conformity of general federal actions to 

SIPs, (30 TAC 101.30), are nonsubstantive changes. Definitions in the 

regulation were moved to another part 

of the Texas Administrative Code (30 

TAC 101.1, Definitions) or were deleted 

if they were already part of the Code. 

On October 13, 2005 EPA published 

the final Cross Media Electronic 

Reporting Rule (CROMERR) in the 

Federal Register, (70 FR 59848). 

CROMERR establishes electronic 

reporting as an acceptable regulatory 

alternative to paper reporting and 

establishes requirements to assure that 

electronic documents are as legally 

dependable as their paper counterparts. 

Subpart D of the CROMERR requires 

states, tribal or local government 

agencies that receive or wish to receive 

electronic reports under their EPAauthorized programs to apply to EPA for 

a revision to those programs and get 

EPA’s approval. On February 26, 2007 

Texas submitted to EPA revisions to the 

emissions inventory reporting 

regulations. The revisions allow for 

electronic reporting of emissions 

consistent with CROMERR. 

On October 14, 2008, the Texas 

Commission on Environmental Quality 

(TCEQ) submitted two applications to 

EPA for approval under CROMERR; one 

for their Net Discharge Monitoring 

Report (NetDMR) and the second, for 

the State of Texas Environmental 

Electronic Reporting System (STEERS) 

electronic document receiving systems 

for revision or modification of multiple 

authorized programs under 40 CFR parts 

51, 60, 63, 70, 123, 142, 233–404, 271, 

281, and 403. EPA approved the 

applications and published a Federal 

Register notice on April 27, 2009 (74 FR 

19082) to allow electronic reporting for 

specific authorized programs under 

Title 40. 

IV. What is EPA’s evaluation of the 

revision? 

EPA has evaluated the state’s 

submittals that pertain to (1) Reporting 

of emissions and emission-related data 

by stationary sources of air pollutants, 

(2) conformity of general Federal actions 

to SIPs, and (3) allowing electronic 

reporting into Texas’ SIP, and have 

determined that they meet the 

applicable requirements of the CAA and 

EPA air quality regulations because they 

are consistent with EPA’s requirements 

for emissions reporting, conformity, and 

electronic reporting. (For further 

information on our evaluation see the 

TSD for this action). This approval will 

make these revised regulations federally 

enforceable. Enforcement of the 

regulations in a state SIP before and 

after it is incorporated into the federally 

approved SIP is primarily a state 

responsibility. However, after the 

regulations are federally approved, we 

are authorized to take enforcement 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43065 

action against violators. Citizens are also 

offered legal recourse to address 

violations as described in Section 304 of 

the CAA. Approval will also help make 

the federally approved SIP consistent 

with state regulations. 

For additional information on our 

evaluation please refer to the Technical 

Support Document found in the 

electronic docket. 

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. 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 September 21, 

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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 12, 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 first table in § 52.2270(c) titled 

‘‘EPA Approved Texas Regulations’’ is 

amended by: 

■ a. Immediately before the heading 

‘‘Chapter 101—General Air Quality 

Rules’’ adding a new centered heading 

in numerical order for ‘‘Chapter 19— 

Electronic Reporting’’; followed by a 

centered heading for ‘‘Subchapter A— 

General Provisions’’; followed by entries 

for Sections 19.1 and 19.3; followed by 

a centered heading for ‘‘Subchapter B— 

Electronic Reporting Requirements’’; 

followed by entries for sections 19.10, 

19.12, and 19.14. 

■ b. Revising the entries for Sections 

101.10 and 101.30 under ‘‘Chapter 101— 

General Air Quality Rules’’. 

The additions and revisions 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 19—Electronic Reporting 

Subchapter A—General Provisions 

Section 19.1 .............. Definitions ........................................... 2/7/2007 July 23, 2010 [Insert FR page number 

where document begins.

Section 19.3 .............. Applicability ......................................... 2/7/2007 July 23, 2010 [Insert FR page number 

where document begins.

WReier-Aviles on DSKGBLS3C1PROD with RULES

43066 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

Subchapter B—Electronic Reporting Requirements 

Section 19.10 ............ Use of Electronic Document Receiving System.2/7/2007 July 23, 2010 [Insert FR page number 

where document begins.

Section 19.12 ............ Authorized Electronic Signature ......... 2/7/2007 July 23, 2010 [Insert FR page number 

where document begins.

Section 19.14 ............ Enforcement ........................................ 2/7/2007 July 23, 2010 [Insert FR page number 

where document begins.

Chapter 101—General Air Quality Rules 

Subchapter A—General Rules 

*******

Section 101.10 .......... Emissions Inventory Requirements .... 12/1/1999 July 23, 2010 [Insert FR page number 

where document begins.

* * * * * * * 

Section 101.30 .......... Conformity of General Federal Actions to State Implementation Plans.12/1/1999 July 23, 2010 [Insert FR page number 

where document begins.

* * * * * * * 

[FR Doc. 2010–17975 Filed 7–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2009–0462, FRL–9178–5] 

Approval and Promulgation of 

Implementation Plans; New York 

Reasonably Available Control 

Technology and Reasonably Available 

Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is conditionally 

approving the reasonably available 

control technology requirement which 

applies to the entire State of New York, 

including the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY-NJ-CT and the Poughkeepsie 

8-hour ozone moderate nonattainment 

areas. In addition, EPA is conditionally 

approving the reasonably available 

control measure analysis which applies 

to the New York portion of the New 

York-Northern New Jersey-Long Island, 

NY-NJ-CT 8-hour ozone moderate 

nonattainment area. 

DATES: Effective Date: This rule is 

effective on August 23, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2009–0462. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region II Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Wieber (wieber.kirk@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What comments did EPA receive in 

response to its proposal and what action 

is EPA taking in this final rule? 

II. What was included in New York’s SIP 

submittals? 

III. What is the rationale for this approval 

action? 

IV. What are EPA’s conclusions? 

V. What are the consequences if a final 

conditional approval is converted to a 

disapproval? 

VI. Statutory and Executive Order Reviews 

I. What comments did EPA receive in 

response to its proposal and what 

action is EPA taking in this final rule? 

On May 4, 2010 (75 FR 23640) the 

Environmental Protection Agency (EPA) 

proposed to conditionally approve New 

York’s reasonably available control 

measure (RACM) analysis and New 

York’s efforts to meet the reasonably 

available control technology (RACT) 

requirement. The reader is referred to 

that rulemaking action for a more 

detailed discussion of New York’s 

RACT and RACM plans. EPA received 

no comments in response to the May 4, 

2010 proposal. Therefore, in this action, 

EPA is conditionally approving New 

York’s RACT and RACM plans. 

II. What was included in New York’s 

SIP submittals? 

On September 1, 2006, New York 

submitted its State-wide 8-hour ozone 

RACT SIP, which included a 

determination that many of the RACT 

rules currently contained in its SIP meet 

the RACT obligation for the 8-hour 

standard. On February 8, 2008, New 

York submitted two comprehensive 8- 

hour ozone SIPs—one for the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT 

nonattainment area, entitled, ‘‘New York 

SIP for Ozone—Attainment 

Demonstration for New York Metro 

Area’’ and one for the Poughkeepsie 

nonattainment area, entitled, ‘‘New York 

SIP for Ozone—Attainment 

Demonstration for Poughkeepsie, NY 

Area.’’ The submittals included the 2002 

base year emissions inventory, 

WReier-Aviles on DSKGBLS3C1PROD with RULES