Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 15645 

Authority: 21 U.S.C. 811, 812, 871(b), 

unless otherwise noted. 

Dated: March 12, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2010–6035 Filed 3–29–10; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0147; FRL–9130–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to the Emission Credit 

Banking and Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

severable portions of two revisions to 

the Texas State Implementation Plan 

(SIP) submitted by the State of Texas on 

October 24, 2006, and August 16, 2007. 

These revisions amend existing sections 

and create a new section in Title 30 of 

the Texas Administrative Code (TAC), 

Chapter 101—General Air Quality 

Rules, Subchapter H—Emissions 

Banking and Trading, Division 1— 

Emission Credit Banking and Trading, 

referred to elsewhere in this notice as 

the Emission Reduction Credit (ERC) 

Program. The October 24, 2006, 

submittal creates a new section for 

international emission reduction 

provisions and amends existing sections 

to further clarify procedures for using 

emission protocols and to update the 

approved list of emission credit uses. 

The August 16, 2007, submittal amends 

two sections of the ERC program to 

update cross-references to recently 

recodified 30 TAC Chapter 117 

provisions. EPA has determined that 

these SIP revisions comply with the 

Clean Air Act and EPA regulations, are 

consistent with EPA policies, and will 

improve air quality. This action is being 

taken under section 110 and parts C and 

D of the Federal Clean Air Act (the Act 

or CAA). 

DATES: Comments must be received on 

or before April 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2010–0147, by one of the 

following methods: 

(1) http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

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

robinson.jeffrey@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below. 

(3) U.S. EPA Region 6 ‘‘Contact Us’’ 

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

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

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

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

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

214–665–6762. 

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

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(6) Hand or Courier Delivery: Mr. Jeff 

Robinson, Chief, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

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

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0147. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

e-mail, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information the disclosure of which 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. A 15 cent 

per page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas. 

The State submittal related to this SIP 

revision, and which is part of the EPA 

docket, 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: If 

you have questions concerning today’s 

proposed rule, please contact Ms. Adina 

Wiley (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 

Suite 1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–2115. 

Ms. Wiley can also be reached via 

electronic mail at wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever, 

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

used, we mean EPA. 

Table of Contents 

I. What Action Is EPA Taking? 

II. What Did Texas Submit? 

III. What Is EPA’s Evaluation of These SIP 

Revisions? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

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15646 Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 

I. What Action Is EPA Taking? 

We are proposing to approve 

severable portions of two revisions to 

the Texas SIP submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) on October 24, 2006, and 

August 16, 2007, specific to the ERC 

Program. The ERC Program, SIPapproved by EPA on September 6, 2006, 

establishes a market-based trading 

program for the generation and use of 

emission credits (generated and used at 

a specified emission rate, tons per year) 

to provide flexibility for sources in 

complying with certain State and 

Federal requirements. The revisions we 

are proposing to approve amend 

existing sections and create a new 

section in the ERC Program at Title 30 

of the Texas Administrative Code 

(TAC), Chapter 101—General Air 

Quality Rules, Subchapter H— 

Emissions Banking and Trading, 

Division 1—Emission Credit Banking 

and Trading. The October 24, 2006, 

submittal creates a new section for 

international emission reduction 

provisions and amends existing sections 

to further clarify procedures for using 

emission protocols and to update the 

approved list of emission credit uses. 

The severable portions of the August 16, 

2007 submittal that we are proposing to 

approve non-substantively revise the 

ERC Program to correctly update the 

cross-references to the stationary source 

nitrogen oxide (NOX) rules found in the 

Texas SIP at 30 TAC Chapter 117 as a 

result of the non-substantive 

recodification of Chapter 117 approved 

by EPA as part of the Texas SIP on 

December 3, 2008 (see 73 FR 73562). 

Consequently, we are proposing to 

approve the revisions to the Texas SIP 

at 30 TAC sections 101.302(a), 

101.302(d)(1)(C)(vi), 101.302(f), and 

101.306(a)(5) and the creation of new 

section 101.305 submitted on October 

24, 2006. Additionally, we are 

proposing to approve revisions to the 

Texas SIP at 30 TAC sections 

101.302(d)(1)(A) and 101.306(b)(3) 

submitted on August 16, 2007 by the 

TCEQ. 

II. What Did Texas Submit? 

We are proposing to approve 

severable portions of two revisions to 

the Texas SIP specific to the ERC 

Program. The first revision we are 

proposing action on was adopted by the 

TCEQ on October 4, 2006 and submitted 

to EPA on October 24, 2006. At the same 

time that TCEQ adopted and submitted 

revisions to the ERC Program, revisions 

were also adopted and submitted for the 

Discrete Emission Credit Banking and 

Trading Program (referred to elsewhere 

in this notice as the Discrete Emission 

Reduction Credit (DERC) Program) and 

the Emissions Banking and Trading of 

Allowances (EBTA) Program. The 

revisions to the DERC and EBTA 

Programs are specific to separate, 

distinct trading programs and, as such, 

are severable from the ERC Program 

revisions. We are not proposing to act 

upon the severable revisions to the 

DERC Program at 30 TAC Chapter 101, 

Subchapter H, Division 4, sections 

101.372, 101.373, 101.375, 101.376 and 

101.378. EPA is processing a separate 

rulemaking to address the 2006 and 

2007 DERC Program revisions (see EPA– 

R06–OAR–2010–0418). EPA has not yet 

taken action on the EBTA Program at 30 

TAC Chapter 101, Subchapter H, 

Division 2 and therefore is not 

proposing action today on the repeal 

and replacement of section 101.338 and 

the revisions to section 101.339. The 

second revision upon which we are 

proposing action was adopted by the 

TCEQ on July 25, 2007, and submitted 

to EPA on August 16, 2007. Also at this 

time TCEQ adopted and submitted 

revisions to the general air quality 

definitions, the DERC Program, and the 

System Cap Trading (SCT) Program. We 

are not acting today upon revisions to 

the general air quality definitions at 30 

TAC Chapter 101, Subchapter A, section 

101.1 because the ERC Program does not 

rely upon them (therefore the revisions 

are severable from the ERC Program) 

and previous revisions to section 101.1 

are still pending for review by EPA. We 

are also not acting today upon the 

revisions to the DERC Program at 30 

TAC Chapter 101, Subchapter H, 

Division 4, sections 101.372 and 

101.376 because these revisions are 

severable from the ERC program and the 

October 24, 2006, SIP revision is still 

under EPA review. EPA intends to take 

a separate rulemaking action to address 

the 2006 and 2007 DERC Program 

revisions (see EPA–R06–OAR–2010– 

0418). EPA has not yet taken action on 

the System Cap Trading Program at 30 

TAC Chapter 101, Subchapter H, 

Division 5 and therefore is not acting 

today upon the severable revisions to 

sections 101.383 and 101.385. 

A copy of the October 24, 2006, and 

August 16, 2007, SIP submittals as well 

as our Technical Support Document 

(TSD) can be obtained from the Docket, 

as discussed in the ‘‘Docket’’ section 

above. A discussion of the specific 

Texas rule changes that we are 

approving is included in the TSD and 

summarized below. 

A. October 24, 2006 SIP Submittal 

1. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.302—General 

Provisions 

The existing SIP-approved version of 

section 101.302 was adopted by the 

TCEQ on December 13, 2002, and 

approved by EPA on September 6, 2006 

(see 71 FR 52698). The revisions to 

sections 101.302(a) and (f) adopted by 

the TCEQ on October 4, 2006, delete the 

information pertaining to international 

emission reductions and move these 

provisions to new section 101.305. 

Additionally, section 

101.302(d)(1)(C)(vi) is revised to clarify 

EPA’s approval process of the 

quantification protocols for the ERC 

Program. 

2. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.305—Emission 

Reductions Achieved Outside the 

United States 

On October 4, 2006, TCEQ adopted 

new section 101.305. This new section 

contains the previously SIP-approved 

international emission reduction 

provisions from sections 101.302(a) and 

(f) and updates the international 

provisions consistent with the 

requirements of Texas Senate Bill 784. 

3. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.306—Emission 

Credit Use 

The existing SIP-approved version of 

section 101.306 was adopted by the 

TCEQ on December 13, 2002, and 

approved by EPA on September 6, 2006 

(see 71 FR 52698). The proposed SIP 

revision adopted by the TCEQ on 

October 4, 2006, amends section 

101.306(a)(5) to update the list of 

approved uses of emission credits to 

include the use of emission credits as 

allowances in the Highly-Reactive 

Volatile Organic Compound Emission 

Cap and Trade (HECT) Program at 30 

TAC Chapter 101, Subchapter H, 

Division 6. 

B. August 16, 2007 SIP Submittal 

1. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.302—General 

Provisions 

The revisions to section 101.302 

adopted by the TCEQ on July 25, 2007, 

further revise the revisions adopted by 

the TCEQ on October 4, 2002. The 2007 

revisions non-substantively amend 

section 101.302(d)(1)(A) to correctly 

cross-reference the recodified stationary 

source nitrogen oxide (NOX) rules to the 

Texas SIP at 30 TAC Chapter 117. 

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Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 15647 

2. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.306—Emission 

Credit Use 

The revisions to section 101.306 

adopted by the TCEQ on July 25, 2007, 

further revise the revisions adopted by 

the TCEQ on October 4, 2002. The 2007 

revisions non-substantively amend 

section 101.306(b)(3) to correctly crossreference the recodified stationary 

source NOX rules to the Texas SIP at 30 

TAC Chapter 117. 

III. What Is EPA’s Evaluation of These 

SIP Revisions? 

A. October 24, 2006 SIP Submittal 

1. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.302—General 

Provisions 

The October 4, 2006, revisions to 

sections 101.302(a), 101.302(d)(1)(C)(vi) 

and 101.302(f) are approvable. Sections 

101.302(a) and 101.302(f) were revised 

to delete the information pertaining to 

international emission reductions and 

relocate these provisions to new section 

101.305. This consolidation of the 

international emission reduction 

provisions improves the clarity of the 

ERC Program by creating a new section 

specific to international emission 

reductions. Section 101.302(d)(1)(C)(vi) 

was revised to clarify EPA’s role in the 

approval of emission quantification 

protocols. While the previous SIPapproved provisions were accurate and 

consistent with EPA’s Economic 

Incentive Program (EIP) Guidance 

(‘‘Improving Air Quality with Economic 

Incentive Programs’’ (EPA–452/R–01– 

001, January 2001)), the revised 

language has been restructured to more 

closely follow the provisions for 

approving emission quantification 

protocols at section 5.2(c) of the EIP 

Guidance. 

The revisions to section 101.302 

described above were made pursuant to 

TCEQ’s September 8, 2005, commitment 

letter for the DERC Program (included in 

the docket for this action). In this 

commitment letter, TCEQ committed to 

revising, among others things, section 

101.302 to more clearly require EPA 

approval for international emission 

reduction transactions and to clarify the 

EPA’s role in approving emission 

quantification protocols. Because EPA 

granted full approval to the ERC 

Program on September 6, 2006, the ERCspecific elements in the DERC 

commitment letter can be decoupled 

from EPA’s analysis of the DERCspecific elements submitted by TCEQ in 

response to our conditional approval of 

the DERC Program. Therefore, EPA can 

propose approval of the revisions to 

section 101.302 without analyzing the 

remainder of the DERC conditional 

approval commitments. 

2. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.305—Emission 

Reductions Achieved Outside the 

United States 

New section 101.305 adopted on 

October 4, 2006, is approvable. EPA 

finds that in addition to relocating the 

SIP-approved international emission 

reduction language from section 

101.302, new section 101.305 has 

expanded the scope of our original ERC 

Program approval to allow the use of 

international reductions in lieu of ERCs 

to occur in attainment areas within 100- 

km of the Texas-Mexico border, 

consistent with the requirements of 

Texas Senate Bill 784. However, the 

continued requirement at section 

101.305 for EPA approval before any 

such use is consistent with the intent of 

our ERC Program approval on 

September 6, 2006. EPA approval 

continues to be through a case-specific 

SIP revision that must clearly 

demonstrate through a detailed CAA 

section 110(l) analysis that the use of 

such international reductions will not 

jeopardize attainment or maintenance of 

the National Ambient Air Quality 

Standards or any other applicable 

standards. As noted in our September 6, 

2006, final approval of the ERC Program 

‘‘* * * international trades present an 

especially difficult case. For instance, 

currently there is no approvable 

mechanism for demonstrating that 

reductions made in another country are 

surplus or enforceable. Nonetheless, 

emission reductions in other countries 

could potentially offer substantial air 

quality benefits in the United States.’’ 

See 71 FR 52698, 52699. In approving 

this revision to the ERC program, EPA 

is continuing to recognize ‘‘the concept 

of international trading and describing a 

framework (i.e., the submission of a SIP 

revision demonstrating among other 

things the validity and enforceability of 

foreign reductions) for such trading, in 

the event that a suitable and approvable 

mechanism is ever developed for 

resolving concerns including 

enforceability and surplus. Until such a 

mechanism is developed and approved 

by EPA, however, EPA will not approve 

international trades under the ERC 

rule.’’ See 71 FR 52698, 52699. Further, 

it is important to note, that even though 

we are approving the use of 

international reductions in lieu of ERCs 

along the Texas-Mexico border, the use 

of these reductions must still meet the 

requirements of the CAA. Therefore, the 

international reductions are not 

available for use as Federal NSR offsets 

since section 173(c)(1) of the CAA 

requires that offset reductions come 

from the same nonattainment area as the 

proposed source or modification or 

another nonattainment area with an 

equal or higher nonattainment 

classification. 

3. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.306—Emission 

Credit Use 

The October 4, 2006, revision to 

section 101.306(a)(5) is approvable. 

TCEQ correctly updated the list of 

approved uses of emission credits to 

include the use of emission credits as 

allowances in the HECT. EPA approved 

the use of emission credits as HECT 

allowances in our September 6, 2006, 

approval of the HECT (see 71 FR 52659). 

The revision to section 101.306 

described above was also made 

pursuant to TCEQ’s September 8, 2005, 

commitment letter for the DERC 

Program (included in the docket for this 

action). In this commitment letter, 

TCEQ committed to revising, among 

others things, section 101.306 to 

identify that emission credits could be 

used as HECT allowances. Because EPA 

granted full approval to the ERC 

Program on September 6, 2006, the ERCspecific elements in the DERC 

commitment letter can be decoupled 

from EPA’s analysis of the DERCspecific elements submitted by TCEQ in 

response to our conditional approval of 

the DERC Program. Therefore, EPA can 

propose approval of the revisions to 

section 101.306 without analyzing the 

remainder of the DERC conditional 

approval commitments. 

B. August 16, 2007 SIP Submittal 

1. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.302—General 

Provisions 

The July 25, 2007, revisions to section 

101.302(d)(1)(A) are approvable. As 

demonstrated further in our TSD, these 

non-substantive revisions correctly 

cross-reference the recodified stationary 

source NOX rules in the Texas SIP at 30 

TAC Chapter 117. These nonsubstantive revisions do not affect the 

approved emission quantification 

protocols established for the ERC 

Program. 

2. 30 TAC Chapter 101, Subchapter H, 

Division 1, Section 101.306—Emission 

Credit Use 

The July 25, 2007, revisions to section 

101.306(b)(3) are approvable. As 

demonstrated further in our TSD, these 

non-substantive revisions correctly 

cross-reference the recodified stationary 

source NOX rules in the Texas SIP at 30 

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15648 Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 

TAC Chapter 117. These nonsubstantive revisions do not affect the 

emission use calculations established 

for the ERC Program. 

IV. Final Action 

EPA is proposing to approve severable 

revisions to the Texas SIP submitted on 

October 24, 2006, and August 16, 2007. 

Specifically from the October 24, 2006 

submittal, EPA is approving the 

amendments to section 101.302(a) and 

(f) that move the international emission 

reduction requirements to a new 

section, the amendments to section 

101.302(d)(1)(C)(vi) that clarify EPA’s 

role in approving emission 

quantification protocols, and the 

amendment to section 101.306(a)(5) that 

updates the approved uses for ERCs to 

include the HECT. EPA is also 

proposing to approve provisions for 

international emission reductions at 

new section 101.305 submitted on 

October 24, 2006. Additionally, we are 

proposing to approve the following 

nonsubstantive revisions to the Texas 

SIP submitted on August 16, 2007: 

revisions to sections 101.302(d)(1)(A) 

and 101.306(b)(3) to update the crossreferences to recently recodified 

provisions in 30 TAC Chapter 117. 

In a separate rulemaking, EPA is 

proposing action on the severable DERC 

Program revisions at 30 TAC sections 

101.372, 101.373, 101.375, 101.376, and 

101.378 submitted on October 24, 2006, 

and 30 TAC sections 101.372 and 

101.376 submitted on August 16, 2007 

(see EPA–R06–OAR–2010–0418). 

At this time, EPA is not taking action 

on the revisions to the Emissions 

Banking and Trading of Allowances 

Program at 30 TAC sections 101.338 and 

101.339 submitted on October 24, 2006. 

EPA is also not taking action at this time 

on the revisions to the general air 

quality definitions at 30 TAC Section 

101.1 or the revisions to the System Cap 

Trading Program at 30 TAC sections 

101.383, and 101.385 submitted on 

August 16, 2007. These severable 

revisions remain under review by EPA 

and will be addressed in separate 

actions. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 18, 2010. 

Lawrence E. Starfied, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–6800 Filed 3–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0148; FRL–9130–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to the Discrete Emission 

Credit Banking and Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

severable portions of two revisions to 

the Texas State Implementation Plan 

(SIP) submitted by the State of Texas on 

October 24, 2006, and August 16, 2007. 

These revisions amend existing sections 

and create a new section in Title 30 of 

the Texas Administrative Code (TAC), 

Chapter 101—General Air Quality 

Rules, Subchapter H—Emissions 

Banking and Trading, Division 4— 

Discrete Emission Credit Banking and 

Trading, referred to elsewhere in this 

notice as the Discrete Emission 

Reduction Credit (DERC) Program. The 

October 24, 2006, submittal creates a 

new section for international emission 

reduction provisions and amends 

existing sections to prohibit the 

generation and use of DERCs from 

shutdown activities and further clarify 

procedures for using emission protocols. 

The August 16, 2007, submittal amends 

two sections of the DERC program to 

update cross-references to recently 

recodified 30 TAC Chapter 117 

provisions. Additionally, EPA is 

proposing to find that the Texas 

Commission on Environmental Quality 

(TCEQ) has satisfied all elements of our 

September 6, 2006, final conditional 

approval of the DERC program with the 

submittal of the October 24, 2006, SIP 

submittal; and as such, the DERC 

program conditional approval is 

proposed for full approval. EPA has 

determined that these SIP revisions 

comply with the Clean Air Act and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This action is being taken under section 

110 and parts C and D of the Federal 

Clean Air Act (the Act or CAA). 

DATES: Comments must be received on 

or before April 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

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