Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68291 

projects become subject to permitting 

requirements for GHG emissions under 

Alabama’s PSD program. Specifically, 

Alabama’s August 17, 2010, proposed 

SIP revision includes changes to 

ADEM’s Rule 335–3–14–04 Air Permits 

Authorizing Construction in Clean Air 

Areas—Prevention of Significant 

Deterioration Permitting (PSD) and 

addresses the thresholds for GHG 

permitting applicability. 

Alabama is currently a SIP-approved 

state for the PSD program, and has 

incorporated EPA’s 2002 NSR reform 

revisions for PSD into its SIP. In a letter 

provided to EPA on July 31, 2010, 

Alabama notified EPA of its 

interpretation that the State currently 

has the authority to regulate GHGs 

under ADEM’s SIP-approved Rule 335– 

3–14–04 Air Permits Authorizing 

Construction in Clean Air Areas— 

Prevention of Significant Deterioration 

Permitting (PSD), which includes the 

preconstruction review program 

required by Part C of title I of the CAA. 

The current Alabama program (adopted 

prior to the promulgation of EPA’s 

Tailoring Rule) applies to major 

stationary sources (having the potential 

to emit at least 100 tpy or 250 tpy or 

more of a regulated NSR pollutant, 

depending on the type of source) or 

modifications constructing in areas 

designated attainment or unclassifiable 

with respect to the NAAQS. 

EPA performed a line-by-line review 

of the proposed change to Alabama’s 

SIP-approved PSD regulations 335–3– 

14–04, Air Permits Authorizing 

Construction in Clean Air Areas— 

Prevention of Significant Deterioration 

Permitting (PSD) and preliminarily 

determined that the proposed change is 

consistent with (and substantively the 

same as) the change to the Federal 

provisions made by EPA’s Tailoring 

Rule. Furthermore, EPA preliminarily 

determined that this revision to 

Alabama’s SIP is consistent with section 

110 of the CAA. See, e.g., Tailoring 

Rule, 75 FR at 31561. 

V. Proposed Action 

EPA is proposing to approve 

Alabama’s August 17, 2010, SIP 

revision, relating to PSD requirements 

for GHG-emitting sources. Specifically, 

Alabama’s August 17, 2010, proposed 

SIP revision establishes appropriate 

emissions thresholds for determining 

PSD applicability with respect to new 

and modified GHG-emitting sources in 

accordance with EPA’s Tailoring Rule. 

EPA has made the preliminary 

determination that this SIP revision is 

approvable because it is in accordance 

with the CAA and EPA regulations 

regarding PSD permitting for GHGs. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this proposed 

action merely approves the State’s law 

as meeting Federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the State’s law. For that reason, this 

proposed 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 CAA; 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 proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, and Reporting and 

recordkeeping requirements. 

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

Dated: October 27, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–28010 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0209; FRL–9221–5] 

Approval and Promulgation of State 

Implementation Plans; Texas; 

Revisions to Chapters 39, 55, and 116 

Which Relate to Public Participation on 

Permits for New and Modified Sources; 

Withdrawal of Proposed Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of proposed rule. 

SUMMARY: EPA is withdrawing our 

proposed limited approval and limited 

disapproval of revisions to the Texas 

state implementation plan (SIP), which 

relate to public participation for air 

permits for new and modified sources, 

because the subject SIP revisions are no 

longer before us for review. On 

November 26, 2008 (73 FR 72003) EPA 

proposed limited approval and limited 

disapproval. In response to our 

proposed limited approval and limited 

disapproval, the Texas Commission on 

Environmental Quality (TCEQ or the 

Commission) adopted new regulations 

governing public participation for air 

permits and submitted these regulations 

to EPA as revisions to the SIP in a letter 

dated July 2, 2010. Also at this time, 

TCEQ withdrew from consideration the 

previously submitted revisions to the 

Texas SIP concerning public 

participation for air permits that were 

the subject of our November 26, 2008, 

proposed limited approval and limited 

disapproval. Consequently, the State’s 

July 2, 2010 action also withdraws from 

EPA’s review the public participation 

component of the May 21, 2009, 

Settlement Agreement (as modified on 

February 12, 2010) between EPA and 

the BCCA Appeal Group, Texas 

Association of Business, and Texas Oil 

and Gas Association (Settlement 

Agreement). 

DATES: The proposed rule published 

November 26, 2008 (73 FR 72003) is 

withdrawn as of November 5, 2010. 

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68292 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2007–TX–0209. 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 Air Permitting 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. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, Air Permitting Section 

(6PD–R), EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

telephone 214–665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

withdrawing our November 26, 2008 

proposed limited approval and limited 

disapproval of revisions to the Texas 

SIP regarding public participation for air 

permits of new and modified sources. 

Texas withdrew the component titled 

‘‘Public Participation Chapter 39, 55 

(Rule Project No. 88030–039–AD and 

99030–039–AD) (submittal of 12/15/95, 

as modified 7/22/98, and 10/25/99)’’ in 

the Settlement Agreement. As a result of 

the State’s withdrawal, these pending 

submissions are no longer before EPA 

for review. As discussed further below, 

Texas’ withdrawal of the component on 

July 2, 2010 left before EPA three minor 

subsections: 30 Texas Administrative 

Code (TAC) sections 39.411(a); 

55.152(b); and 39.418(b)(3). Texas also 

submitted newly revised versions of the 

public participation provisions in 

Chapters 39 and 55 to EPA. The State’s 

intent was to include the three minor 

subsections noted above that were not 

withdrawn as part of the July 2010 

submission. Accordingly, consistent 

with that intent, EPA will evaluate those 

three subsections as a part of the newly 

adopted public participation regulations 

submitted by Texas on July 2, 2010, 

pursuant to section 110(k) of the Clean 

Air Act (CAA). 

Our proposed action on November 26, 

2008 (73 FR 72003) encompassed 

revisions submitted by the TCEQ on 

December 15, 1995; July 22, 1998; and 

on October 25, 1999. These SIP 

packages included the following rules: 

• The December 15, 1995, submittal 

includes Texas’ submittal of TAC, Title 

30, Chapter 116, Subchapter D, section 

116.312—Public Notification and 

Comment Procedures. 

• The July 22, 1998, submittal 

includes Texas’ submittal of repeal and 

readoption (with nonsubstantive 

revisions) of 30 TAC section 116.312— 

Public Notification and Comment 

Procedures. 

• The October 25, 1999, submittal 

includes the following revisions related 

to this action. 

Æ New rules affecting 30 TAC Chapter 

39—Public Notice—are as follows: 

Section 39.201—Application for a 

Preconstruction Permit; section 

39.401—Purpose; section 39.403— 

Applicability; section 39.405—General 

Notice provisions; section 39.409— 

Deadline for Public Comment, Requests 

for Reconsideration, Contested Case 

Hearing, or Notice and Comment 

hearing; section 39.411—Text of Public 

Notice; section 39.413—Mailed Notice; 

section 39.418—Notice of Receipt of 

Application and Intent to Obtain Permit; 

section 39.419—Notice of Application 

and Preliminary Determination; section 

39.420—Transmittal of the Executive 

Director’s Response to Comments and 

Decision; section 39.423—Notice of 

Contested Case Hearing; section 

39.601—Applicability; section 39.602— 

Mailed Notice; section 39.603— 

Newspaper Notice; section 39.604— 

Sign-Posting; section 39.605—Notice to 

Affected Agencies. 

Æ New rules affecting 30 TAC Chapter 

55—Requests for Reconsideration and 

Contested Case Hearing—are as follows: 

Section 55.1—Applicability; section 

55.21 Requests for Contested Case 

Hearing, Public Comment; section 

55.101—Applicability; section 55.103— 

Definitions; section 55.150— 

Applicability; section 55.152—Public 

Comment Period; section 55.154— 

Public Meetings; section 55.156—Public 

Comment Processing; section 55.200— 

Applicability; section 55.201—Requests 

for Reconsideration and Contested Case 

Hearing; section 55.203—Determination 

of Affected Person; section 55.205— 

Request by Group or Association; 

section 55.209—Processing Requests for 

Reconsideration or Contested Case 

Hearing; and section 55.211— 

Commission Action or Requests for 

Reconsideration and Contested Case 

Hearing. 

Æ Rule revisions affecting 30 TAC 

Chapter 116—Control of Air Pollution 

by Permits for New Construction and 

Modification are as follows: Section 

116.111—General Application; section 

116.114—Application Review Schedule; 

section 116.116—Changes to Facilities; 

section 116.183—Public Notice 

Requirements; section 116.312—Public 

Notification and Comment Procedures; 

and section 116.740—Public Notice. 

Æ Repeal of 30 TAC section 116.124— 

Public Notice of Compliance History. 

On June 2, 2010, the TCEQ adopted 

amendments to 30 TAC Chapter 39, 

Public Notice; Chapter 55, Requests for 

Reconsideration and Contested Case 

Hearings; Public Comment; Chapter 60, 

Compliance History; and Chapter 116, 

Control of Air Pollution by Permits for 

New Construction or Modification; and 

corresponding revisions to the Texas 

SIP. On July 2, 2010, the TCEQ 

submitted these new and amended 

sections regarding public participation 

to EPA as SIP revisions. At that time, 

TCEQ also adopted the withdrawal from 

consideration by EPA for revisions to 

the Texas SIP that were previously 

submitted to EPA as revisions to the SIP 

on October 25, 1999; July 31, 2002; and 

March 9, 2006. The sections submitted 

to EPA in 1999 were 30 TAC sections 

39.201; 39.401; 39.403(a) and (b)(8)– 

(10); 39.405(f)(1) and (g); 39.409; 

39.411(a), (b)(1)–(6) and (8)–(10) and 

(c)(1)–(6) and (d); 39.413(9), (11), (12) 

and (14); 39.418(a) and (b)(3) and (4); 

39.419(a), (b), (d), and (e); 39.420(a), (b), 

and (c)(3) and (4); 39.423(a) and (b); 

39.601; 39.602; 39.603; 39.604; and 

39.605. The sections submitted to EPA 

in 2002 were new 30 TAC section 

39.404, and amended sections 39.411, 

39.419, 39.420, 39.603, 39.604 and 

39.606. The sections submitted to EPA 

in 2005 were amended 30 TAC sections 

39.403(b)(8)–(10) and new (f); 39.411(a), 

(b)(1)–(6), (8)–(10), (c)(1)–(6) and (d); 

39.419(a), (b), (d) and (e); and 39.420(a), 

(b) and (c)(3) and (4). In 2005, the TCEQ 

also submitted the repeal of 30 TAC 

section 39.404 and the adoption of new 

section 39.404, and the withdrawal of 

sections 39.411, 39.419, and 39.420 as 

submitted to EPA in 2002. At that time 

the TCEQ also adopted the withdrawal 

of the following rules which were 

submitted as SIP revisions on October 

25, 1999: 30 TAC sections 55.1; 

55.21(a)–(d), (e)(2), (3) and (12), (f) and 

(g); 55.101(a), (b), (c)(6)–(8); 55.103; 

55.150; 55.152(a)(1), (2) and (5); 55.154; 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68293 

1See also the e-mail from Janis Hudson of TCEQ 

to Lucinda Watson of Region 6 EPA dated 

September 28, 2010, explaining this situation, 

available in the e-docket for this rulemaking. 

2Note that TCEQ never submitted subsection 30 

TAC 39.411(b)(7) as SIP revisions because it 

contains a State-only requirement under Texas’ 

Coastal Management Program. 

3Note that the July 2010 submission deletes the 

previous 30 TAC 39.418(b)(3) and simply renumbers 30 TAC 39.418(b)(4) as 30 TAC 

39.418(b)(3). 

55.156; 55.200; 55.201(a)–(h); 55.203; 

55.205; 55.209; and 55.211. Therefore, 

on July 2, 2010, the TCEQ withdrew 

from EPA’s consideration as revisions to 

the SIP all of the rules specified 

previously in this paragraph, except for 

three subsections: 30 TAC sections 

39.411(a) and 55.152(b) as adopted in 

1999, and currently amended 30 TAC 

section 39.418(b)(3), submitted to EPA 

in 1999 as section 39.418(b)(4). As 

explained below, EPA concludes that it 

is TCEQ’s intent for EPA to consider the 

three subsections as part of the new 

package that TCEQ submitted to EPA on 

July 2, 2010. 

Withdrawal of EPA’s Proposed Action 

on Chapter 39 and Chapter 55 

In this notice, EPA is withdrawing our 

proposed limited approval and limited 

disapproval of 30 TAC sections 39.201, 

39.401, 39.403, 39.405, 39.409, 39.411, 

39.413, 39.418, 39.419, 39.420, 39.423, 

39.601–39.605, 55.1, 55.21, 55.101, 

55.103, 55.150, 55.152, 55.154, 55.156, 

55.200, 55.201, 55.203, 55.205, 55.209, 

and 55.211. While we are withdrawing 

our proposed limited approval and 

limited disapproval of subsections 30 

TAC sections 39.411(a), 39.418(b)(4), 

and 55.152(b) as well, we are not taking 

any further action at this time on these 

three subsections that the State did not 

withdraw for the reasons discussed 

below. 

First, TCEQ originally intended to 

withdraw these three subsections when 

it withdrew the rest of the 30 TAC 

Chapter 39 and 55 subsections 

pertaining to public participation for 

new and modified sources and resubmit 

them as part of the new July 2010 

submission. Their intent is 

demonstrated by the fact that TCEQ 

proposed to withdraw these three 

subsections from EPA consideration 

along with all the other withdrawn 

rules. At the time of the Commission’s 

adoption, however, TCEQ did not 

withdraw these three subsections 

because it discovered that these three 

subsections were inadvertently not 

included in the notice proposing the 

new public participation rules for the 

SIP. As such, a final withdrawal of these 

three subsections would have left 

unintended gaps in the July 2010 

submission. This administrative error 

can be tracked through the State 

proposal and adoption notices, and is 

noted in the Commission’s adoption 

order and transmittal letter to EPA. See, 

e.g., discussion in the ‘‘Prior SIP 

Submissions’’ section of the rule 

adoption preamble, at page 5198 in the 

June 18, 2010 edition of the Texas 

Register.1 Thus, although TCEQ 

intended to fully withdraw these three 

subsections with the other pre-2010 

submissions and resubmit them as part 

of the July 2010 submissions, TCEQ’s 

failure to include these subsections with 

the proposed rule revisions precluded 

them from reaching that goal. TCEQ 

achieved the intended result by not 

withdrawing these three subsections, 

and thereby preserving them for EPA’s 

review with the July 2010 submissions. 

The end result of this is to present EPA 

with a complete set of integrated 

provisions upon which to act. 

Second, the three unwithdrawn 

subsections, in the absence of the 

withdrawn provisions, lack the 

substance that they had in the context 

of the full submission. 

• Section 30 TAC 39.411 contains the 

requirements for the ‘‘Text of Public 

Notice.’’ The unwithdrawn subsection 

from this section, in 30 TAC 39.411(a), 

states that ‘‘Applicants shall use notice 

text provided and approved by the 

agency. The executive director may 

approve changes to notice text before 

notice being given.’’ But, the applicable 

requirements for notice text (contained 

in subsections 30 TAC 39.411(b)(1)–(6) 2

and (8)–(10) and (c)(1)–(6) and (d)) were 

all withdrawn from EPA’s consideration 

on July 2, 2010. As a result, 30 TAC 

39.411(a) lacks the substance that it had 

in the context of the provisions stating 

the applicable requirements for the 

notice text. 

• Subsection 30 TAC 39.418(b)(4) 

provides a 30-day deadline for 

providing notice of certain ‘‘applicable 

information,’’ stating: ‘‘Not later than 30 

days after the executive director 

declares an application administratively 

complete: The notice must include the 

applicable information required by 

section 39.411(b) of this title (relating to 

Text of Public Notice).’’ But, TCEQ 

withdrew the rest of 30 TAC 39.418 and 

the cross-referenced 30 TAC 39.411(b) 

from EPA’s consideration on July 2, 

2010. Thus, 30 TAC 39.418(b) lacks the 

substance that it had in the context of 

the provisions identifying the 

‘‘applicable information’’ and the other 

parts of 30 TAC 39.418. 

• Subsection 30 TAC 55.152(b) states 

that: ‘‘The public comment period shall 

automatically be extended to the close 

of any public meeting.’’ But, in July 

2010, TCEQ withdrew the provisions for 

‘‘Public Meetings’’ when it withdrew 30 

TAC 55.154 and the provisions for 

‘‘Public Comment Period’’ when it 

withdrew 30 TAC 55.152. Thus, 30 TAC 

55.152(b) lacks the substance that it had 

in the context of these withdrawn 

provisions. 

Third, these three subsections are 

integral parts of the newly submitted 

public participation rules. (see the 

Texas SIP submittal dated July 2, 2010). 

The July 2010 submissions contain the 

provisions that give substance and 

context to these three subsections. 

Further, these three subsections fit 

numerically into the July 2010 

submissions to form an integrated set of 

provisions. 

• Section 30 TAC 39.411 contains the 

requirements for the ‘‘Text of Public 

Notice.’’ The unwithdrawn subsection 

from this section, in 30 TAC 39.411(a), 

states that ‘‘Applicants shall use notice 

text provided and approved by the 

agency. The executive director may 

approve changes to notice text before 

notice being given.’’ The applicable 

requirements for notice text (contained 

in subsections 30 TAC 39.411(b)(1)–(6) 

and (8)–(10) and (c)(1)–(6) and (d)) is 

included in the July 2010 submission. 

As a result, newly submitted 39.411(b) 

provides the context and meaning for 

unwithdrawn 30 TAC 39.411(a). 

• Currently amended subsection 

39.418(b)(3), submitted to EPA in 1999 

as subsection 39.418(b)(4) 3 provides a 

30-day deadline for providing notice of 

certain ‘‘applicable information,’’ stating: 

‘‘Not later than 30 days after the 

executive director declares an 

application administratively complete: 

The notice must include the applicable 

information required by section 

39.411(b) of this title (relating to Text of 

Public Notice).’’ The remainder of 30 

TAC 39.418 and the cross-referenced 30 

TAC 39.411(b) are also contained in the 

July 2010 submission. Thus, the 

provisions identifying the ‘‘applicable 

information’’ and the other parts of 30 

TAC 39.418 give meaning to the 

language in the unwithdrawn 

subsection. 

• Subsection 30 TAC 55.152(b) states 

that: ‘‘The public comment period shall 

automatically be extended to the close 

of any public meeting.’’ TCEQ included 

the provisions for ‘‘Public Comment 

Period’’ and ‘‘Public Meetings’’ in the 

July 2010 submission at 30 TAC 55.152 

and 30 TAC 55.154, respectively. 

Subsection 30 TAC 55.152(b) must be 

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68294 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

read in conjunction with these 

provisions to be meaningful. 

For all of the reasons discussed above, 

the submission relating to public 

participation on which EPA had an 

obligation, under the Settlement 

Agreement, to take action is no longer 

before us. Instead, the effect of the July 

2010 submissions and withdrawals is to 

create a new submission, as of July 2, 

2010, which combines the three 

unwithdrawn provisions with the July 

2010 submissions and creates a single 

integrated submission that must 

subsequently be reviewed as provided 

under section 110(k) of the CAA. Thus, 

EPA will evaluate these three 

subsections, 30 TAC sections 39.411(a), 

55.152(b) and 39.418(b)(3), when we 

evaluate, pursuant to section 110(k) of 

the CAA, the newly adopted public 

participation regulations submitted by 

Texas on July 2, 2010. 

Withdrawal of EPA’s Proposed Action 

on Chapter 116 

EPA is also withdrawing our 

proposed limited approval and limited 

disapproval of the revisions to 30 TAC 

Chapter 116 submitted on December 15, 

1995; July 22, 1998; and October 25, 

1999. The 30 TAC Chapter 116 

submissions are not a component of the 

Settlement Agreement, and while TCEQ 

withdrew the previously-noted sections 

of Chapters 39 and 55, TCEQ has not 

withdrawn these Chapter 116 

submissions. Specifically, EPA is 

withdrawing our proposed limited 

approval and limited disapproval of 30 

TAC section 116.312 as submitted by 

TCEQ on December 15, 1995. The TCEQ 

repealed and replaced this section with 

new section 116.312 on July 22, 1998. 

Therefore, EPA finds that the December 

15, 1995 submittal of 30 TAC 116.312 is 

moot. The TCEQ submitted new section 

116.312 on July 22, 1998 and 

amendments to this section on October 

25, 1999. The TCEQ also submitted 

amendments to 30 TAC sections 

116.111, 116.114, and 116.116 on 

October 25, 1999. Because these 

sections all cross-reference and rely on 

the Chapter 39 public participation 

provisions that have been withdrawn 

and replaced with the July 2, 2010, SIP 

submittal, EPA will also consider these 

revisions in the context of the July 2, 

2010, Chapter 39 public participation 

SIP submittal. Therefore, we are 

withdrawing our proposed limited 

approval and limited disapproval and 

will evaluate the July 22, 1998 and 

October 25, 1999, revisions to 30 TAC 

section 116.312 and the October 25, 

1999, revisions to 30 TAC sections 

116.111, 116.114, and 116.116 when we 

evaluate, pursuant to section 110(k) of 

the CAA, the newly adopted public 

participation regulations submitted by 

Texas on July 2, 2010. EPA is also 

withdrawing our proposed limited 

approval and limited approval of the 

October 25, 1999, revisions to 30 TAC 

section 116.183. However, because this 

section provides public notice 

requirements for hazardous air 

pollutants subject to section 112(g) of 

the CAA, we find that no further action 

is necessary on the revisions to this 

section because 112(g) requirements are 

not part of the SIP. EPA is also 

withdrawing our proposed limited 

approval and limited disapproval of the 

October 25, 1999, revisions to 30 TAC 

section 116.740 because EPA fully 

disapproved this revision in our July 15, 

2010, disapproval of the Texas Flexible 

Permits Program (see 75 FR 41312). 

Note that even though EPA proposed 

limited approval and limited 

disapproval of 30 TAC sections 116.111, 

116.114, 116.116, and 116.312 at the 

same that we proposed limited approval 

and limited disapproval of the 

remainder of the Texas Public 

Participation provisions, the timing of 

action on these Chapter 116 provisions 

is not governed by the Settlement 

Agreement. Therefore, our withdrawal 

today of the proposed limited approval 

and limited disapproval of 30 TAC 

sections 116.111, 116.114, 116.116, and 

116.312 does not impact in any way 

EPA’s obligations or actions under the 

Settlement Agreement. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Hydrocarbons, Intergovernmental 

relations, Lead, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: October 29, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–28013 Filed 11–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0794; FRL–9222–5] 

Revisions to the California State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX), carbon monoxide (CO), oxides of 

sulfur (SO2) and particulate matter 

emissions from boilers, steam generators 

and process heaters greater than 5.0 

MMbtu/hour. We are approving a local 

rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

December 6, 2010. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2010–0794], by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or Deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http: 

//www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

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

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

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

some may not be publicly available in 

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

hard copy materials, please schedule an 

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