Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 16671 

SNUR for the chemical substance being 

withdrawn was established at EPA–HQ– 

OPPT–2008–0918. That record includes 

information considered by the Agency 

in developing the rule and the notice of 

intent to submit adverse comments. 

III. How Do I Access the Docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID no. EPA–HQ–OPPT– 

2008–0918. Additional information 

about the Docket Facility is provided 

under ADDRESSES in the Federal 

Register document of February 1, 2010 

(75 FR 4983). If you have questions, 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

IV. What Statutory and Executive Order 

Reviews Apply to this Action? 

This final rule revokes or eliminates 

an existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

executive order review requirements 

applicable to the direct final rule were 

discussed in the Federal Register 

document of February 1, 2010 (75 FR 

4983). Those review requirements do 

not apply to this action because it is a 

withdrawal and does not contain any 

new or amended requirements. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule 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. This rule is not a ‘‘major rule’’ 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: March 25, 2010. 

Barbara A. Cunningham, 

Acting Director, Office of Pollution Prevention 

and Toxics. 

■ Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ § 721.10182. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10182 [Removed] 

■ 4. Remove § 721.10182. 

[FR Doc. 2010–7194 Filed 4–1–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0089; FRL–9132–3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Chapter 116 Which Relate 

to the Voiding of Permits and 

Extension of Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve severable portions of 

a submittal from the State of Texas, 

through the Texas Commission on 

Environmental Quality (TCEQ), on 

September 25, 2003, to revise the Texas 

Major and Minor New Source Review 

(NSR) State Implementation Plan (SIP). 

EPA is approving the State’s repeal of a 

paragraph of the SIP rule pertaining to 

Texas Major and Minor NSR SIP and to 

approve the consequent renumbering of 

the SIP rule’s paragraphs. We also are 

approving the new replacement rule as 

meeting the Minor and Major NSR SIP 

requirements for voiding of permits. 

We are approving the portion of the 

revision that addresses the 

recodification of the provision relating 

to the granting of one 18-month 

extension of a permit as meeting the 

Minor and Major NSR SIP requirement 

for extensions of permits. The revision 

imposes requirements on permitees, 

requiring a review of the permit’s 

underlying permit determinations 

before this SIP-approved extension can 

be granted. Finally, the revision 

provides for a second permit extension 

if certain conditions are met, including 

a health effects review. EPA is 

approving the new replacement rule for 

this second permit extension as meeting 

the Major and Minor NSR and NNSR 

SIP requirements. 

EPA finds that these changes to the 

Texas SIP comply with the Federal 

Clean Air Act (the Act or CAA) and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This action is being proposed under 

section 110 and parts C and D of the 

Act. 

DATES: This direct final rule is effective 

on June 1, 2010 without further notice, 

unless EPA receives relevant adverse 

comment by May 3, 2010. If EPA 

receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2008–0192 by one of the following 

methods: 

(1) Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

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

robinson.jeffrey@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below. 

(3) U.S. EPA Region 6 ‘‘Contact Us’’ 

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

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

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

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

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

214–665–6762. 

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

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(6) Hand or Courier Delivery: Mr. Jeff 

Robinson, Chief, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 


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deliveries are accepted only between the 

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

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2008– 

0192. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

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

an ‘‘anonymous access’’ system, which 

means that EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

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

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

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittals, which are part 

of the EPA docket, are also available for 

public inspection at the State Air 

Agency during official business hours 

by appointment: Texas Commission on 

Environmental Quality, Office of Air 

Quality, 12124 Park 35 Circle, Austin, 

Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Melanie Magee, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7161; fax number 

(214) 665–6762; e-mail address 

magee.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

used, we mean EPA. 

Table of Contents 

I. The State’s Submittals 

II. What Action Is EPA Taking? 

III. EPA’s Evaluation 

A. How Does the Current SIP Address the 

Voiding of Permits? 

B. What Revisions Did Texas Submit 

Relating to the Voiding of Permits? 

C. How Does the Current SIP Address the 

Extension of Permits? 

D. What Revisions Did Texas Submit 

Relating to the Extension of Permits? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. The State’s Submittals 

On September 25, 2003, Texas 

submitted a SIP revision that included 

an amended section 116.115 that would 

delete the language in the SIP’s section 

116.115(b)(2)(A) relating to the voiding 

of permits and extensions of time to 

begin construction, renumber the 

paragraphs because of the deletion of 

(A), and transfer the substance to a new 

section 116.120. The new section 

116.120 addresses the voiding of 

permits and the first 18-month permit 

extension and contains language from 

the SIP-approved section 116.115 with 

revisions. It is EPA’s position that the 

Texas Permit Voiding Program is 

severable from all the other elements in 

the September 2003 submittal, 

including the Texas Permit Extension 

Program because it addresses the 

voiding and extensions of permits. The 

new section also adds criteria that must 

be met for the first permit extension to 

be granted and adds the opportunity for 

a second extension if certain conditions 

are met. 

The table below summarizes the 

changes that are in the September 25, 

2003 SIP submittal that EPA is 

addressing in today’s action. A 

summary of EPA’s evaluation of each 

section and the basis for this proposal 

is discussed in section III of this 

preamble. The Technical Support 

Document (TSD) includes a detailed 

evaluation of the referenced SIP 

submittal. 

Summary of each regulation that is 

affected by this action: 

Section Title Date 

submitted 

Date 

adopted 

by the 

State 

Changes adopted by 

State 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 116.115 ........... General and Special 

Conditions.

9/25/03 8/20/03 Revisions and Recodification of 30 TAC 

116.115.

Removed Section (b)(2)(A). 

Renumbered Section (b)(2)(B)–(I) to 

Section (b)(2)(A)–(H) as a consequence of the removal. 


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1A separate and unrelated 30 TAC Section 

116.120 as adopted by TCEQ on June 17, 1998, 

Division 2: Compliance History, and approved by 

EPA on September 18, 2002 (67 FR 58697) remains 

in the SIP. The State has not requested that EPA 

remove this SIP rule from the Texas NSR SIP. There 

is no legal impediment to having two separate 

unrelated SIP requirements, each with the same 

rule number. If this action is finalized as proposed, 

Continued 

Section Title Date 

submitted 

Date 

adopted 

by the 

State 

Changes adopted by 

State Comments 

30 TAC 116.120 ........... Voiding of Permits and 

Extensions of Permits.

9/25/03 8/20/03 New 30 TAC 116.120 New Section. 

Subsection 116.120(a) is substantially the same as the SIP rule 

codified in Subsection 

116.115(b)(2)(A). Part of subsection (b) is substantially the 

same as the SIP rule codified in 

subsection 116.115(b)(2)(A). 

Subsections (b) and (c) add new authority; they provide for the granting of more than one 18-month extension to a permit. 

II. What Action Is EPA Taking? 

We are approving the Texas Permit 

Voiding Program, as submitted by TCEQ 

on September 25, 2003, in Title 30 of 

the Texas Administrative Code (30 TAC) 

at 30 TAC Chapter 116—Control of Air 

Pollution by Permits for New 

Construction or Modification. This 

includes the following under Chapter 

116: removal of 30 TAC 116.115(b)(2)(A) 

from the Texas SIP; renumbering of the 

SIP’s 30 TAC 116.115(b)(2)’s 

subparagraphs as a consequence of the 

removal of subparagraph (A); and 

approval into the Texas SIP of the new 

30 TAC 116.120(a) and (b). The existing 

Texas SIP at 30 TAC 116.115(b)(2)(A) 

and the newly submitted rule at 30 TAC 

116.120(a) both require that persons 

issued a NSR permit under Chapter 116 

begin construction of the facility within 

18 months of permit issuance or the 

permit will be voided. Consequently, 

this action is merely a recodification of 

the SIP Permit Voiding requirements. It 

is EPA’s position that the Texas Permit 

Voiding Program is severable from all 

the other elements in the September 

2003 submittal, including the Texas 

Permit Extension Program. 

In addition, the current SIP provision 

at 30 TAC 116.115(b)(2)(A) authorizes 

the Executive Director to grant an 18- 

month extension to this period. This 

language was transferred to this new 

subsection and relates to the grant of 

authority to the Executive Director to 

extend permits for 18 months. Thus, 

this action is a recodification of the SIP 

Permit Extension requirements. 

The new 30 TAC 116.120(b) and (c) 

add new criteria that must be met before 

the Executive Director may issue the 

first 18-month extension. The new 

criteria are that the permit will be 

reviewed for its underlying best 

available control technology (BACT), 

lowest achievable emission rate (LAER), 

offsets, and netting determinations 

before the first extension will be 

granted. 

The two new subsections also add 

new authority for the Executive Director 

to issue a second 18-month extension. 

EPA interprets section 116.120(b) to 

require that the permit holder will 

comply with all the rules and 

regulations of the commission, Texas 

Clean Air Act, including protection of 

public health and physical property 

before this second permit extension may 

be granted. This second permit 

extension would be available in the case 

of a construction delay caused by 

litigation, not of the permit holder’s 

initiation regarding the issuance of the 

permit. The Executive Director could 

also issue an extension if the permit 

holder has spent, or has committed to 

spend, 10% of the estimated cost of 

construction to a maximum of $5 

million. As part of the Texas Permit 

Extension Program, EPA is approving 30 

TAC 116.120(b) and (c), as meeting the 

Major and Minor NSR and NNSR SIP. 

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 June 1, 

2010 without further notice unless we 

receive relevant adverse comment by 

May 3, 2010. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

III. EPA’s Evaluation 

A. How Does the Current SIP Address 

the Voiding of Permits? 

The current SIP includes 30 TAC 

116.115 as adopted by the TCEQ on 

November 20, 2002, and approved by 

EPA on September 6, 2006 (71 FR 

52664). This section addresses the 

voiding of permits under 30 TAC 

subsection 116.115(b)(2)(A). This SIP 

rule provides that a permit or permit 

amendment under 30 TAC Chapter 116 

is automatically void if the permit 

holder does one of the following: (1) 

Fails to begin construction within 18 

months of the date of issuance; (2) 

discontinues construction for more than 

18 consecutive months prior to 

completion of the project; or (3) fails to 

complete the project within a reasonable 

time. 

B. What Revisions Did Texas Submit 

Relating to the Voiding of Permits? 

On August 20, 2003, TCEQ adopted 

revisions to 30 TAC Section 116.115, 

and submitted them to EPA for SIP 

approval on September 25, 2003. This 

amendment recodifies the language 

relating to the voiding of permits and 

transfers this rule language from 30 TAC 

Subsection 116.115(b)(2)(A) to a new 30 

TAC Subsection 116.120(a). The new 30 

TAC Section 116.120(a) is located in 30 

TAC Chapter 116, Subchapter B, 

Division 1, Permit Application.1 The 


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the CFR regulatory language will show there are 

two 30 TAC 116.120’s in the Texas SIP; the State 

adoption date and EPA’s approval date will inform 

the public which 30 TAC 116.120 relates to Permit 

Voiding and Permit Extensions. 

new 30 TAC 116.120(a) addresses the 

voiding of permits and contains 

language that already was SIP approved 

in 30 TAC 116.115(b)(2)(A). Because 

this is merely a recodification of an 

existing SIP requirement, EPA is 

approving the recodification of 30 TAC 

116.115(b)(2)(A) in the Texas NSR SIP, 

as the new 30 TAC 116.120(a). 

C. How Does the Current SIP Address 

the Extension of Permits? 

The current SIP includes 30 TAC 

116.115 as adopted by the TCEQ on 

November 20, 2002, and approved by 

EPA on September 6, 2006 (71 FR 

52664). This section addresses the 

granting of an 18-month extension of the 

date to begin construction under 30 

TAC subsection 116.115(b)(2)(A). The 

Executive Director may grant a one-time 

18-month extension of the date to begin 

construction if the permit holder fails to 

begin construction within 18 months of 

the date of issuance of the permit. 

D. What Revisions Did Texas Submit 

Relating to the Extensions of Permits? 

On August 20, 2003, TCEQ adopted 

revisions to 30 TAC Section 116.115, 

and submitted them to EPA for SIP 

approval on September 25, 2003. This 

amendment recodifies the language 

relating to the granting of the additional 

18-month extension of a permit and 

transfers this rule language from 30 TAC 

Subsection 116.115(b)(2)(A) to a new 30 

TAC subsection 116.120(b), 

introductory paragraph, third sentence. 

The language relating to the Executive 

Director’s authority to grant an 18- 

month extension of the permit was 

transferred to this new subsection, third 

sentence in the introductory paragraph. 

Because this is merely a recodification 

of an existing SIP requirement, EPA is 

approving the removal of 30 TAC 

116.115(b)(2)(A) from the Texas NSR 

SIP, approving the consequent 

renumbering of the paragraphs in 30 

TAC 116.115(b)(2), and approving the 

new 30 TAC subsection 116.120(b) as 

part of the Texas NSR SIP. 

The new section 116.120 subsections 

(b) and (c), would allow more than one 

18-month extension, as is currently 

provided for in the Texas NSR SIP. 

First, the permit holder may be granted 

a second extension to begin 

construction in the case of a 

construction delay caused by litigation, 

not of the permit holder’s initiation, 

associated with the issuance of a permit. 

The Executive Director also can issue a 

second extension if the permit holder 

has spent, or has committed to spend 

10% of the estimated cost of 

construction to a maximum of $5 

million. 

EPA interprets this revision to require 

that before a permit holder can obtain 

this second extension, however, the 

State must perform a new health effects 

analysis and the permittee must 

demonstrate that emissions from the 

facility will comply with all rules and 

regulations of the commission and the 

intent of the TCAA, including 

protection of the public’s health and 

physical property. The State will also 

review again the present permit’s BACT, 

LAER, netting or offsets as applicable, 

determinations. 

EPA is also interpreting subsection 

116.120(b) to subject a permit for which 

a second extension is requested to 

public notice and comment as a permit 

amendment if the health effects analysis 

or original determination regarding 

BACT, LAER, netting or offsets as 

applicable, is changed. 

IV. Final Action 

EPA is taking direct final action to 

approve revision of the SIP Texas 

submitted on September 25, 2003, that 

relate to Voiding of Permits, as part of 

the Texas NSR SIP. EPA is approving 

the revisions that relate to Extensions of 

Permits as part of the Texas NSR SIP for 

Major and Minor NSR and are merely 

the recodification of the existing SIP 

requirement. EPA also is approving 

some substantive portions of the 

revisions that add new criteria for the 

granting of the first permit extension as 

part of the Texas Major and Minor NSR 

and NNSR SIP. Finally, we are 

approving the new substantive portions 

of the revisions that add the authority to 

grant a second extension as part of the 

Texas NSR SIP for Major and Minor 

NSR and NNSR. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 


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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 June 1, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 24, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

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

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended 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: 

■ a. By revising the entry for Section 

116.115, General and Special 

Conditions; and 

■ b. Immediately following the entry for 

Section 116.116, by adding a new entry 

for Section 116.120, Voiding of Permits, 

under Division 1. 

The revision and addition read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

* * * * * * * 

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

* * * * * * * 

Subchapter B—New Source Review Permits 

Division 1—Permit Application 

* * * * * * * 

Section 116.115 ........ General and Special Conditions ......... 8/20/2003 4/2/2010 [Insert FR page number 

where document begins].

* * * * * * * 

Section 116.120 ........ Voiding of Permits .............................. 8/20/2003 4/2/2010 [Insert FR page number 

where document begins].

* * * * * * * 

[FR Doc. 2010–7214 Filed 4–1–10; 8:45 am] 

BILLING CODE 6560–50–P 


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