[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Rules and Regulations]
[Pages 11851-11858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5835]



[[Page 11851]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0026; FRL-8780-5]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Permits by Rule and Regulations for Control of Air 
Pollution by Permits for New Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking a direct final action to approve portions of 
three revisions to the Texas State Implementation Plan (SIP) submitted 
by the State of Texas on July 22, 1998, October 4, 2002, and September 
25, 2003; these revisions amend existing sections and create new 
sections in Title 30 of the Texas Administrative Code (TAC), Chapter 
106--Permits by Rule and Chapter 116--Control of Air Pollution by 
Permits for New Construction or Modification. The July 22, 1998, 
revision repeals and replaces the Renewal Application Fees section with 
a new section. The October 4, 2002, revision increases the 
determination of fees for NSR permits, corrects addresses, and makes 
other administrative changes. The September 25, 2003, revision 
clarifies that an emission reduction credit must be certified and 
banked to be creditable as an offset in the NSR permitting program, 
repeals and replaces the section that addresses the use of emission 
reductions as offsets for NSR permitting and the definition of ``offset 
ratio,'' and makes administrative changes. 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: This direct final rule is effective on May 19, 2009 without 
further notice, unless EPA receives relevant adverse comment by April 
20, 2009. 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-2005-TX-0026, 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 <a href="/cdn-cgi/l/email-protection#98eaf7faf1f6ebf7f6b6f2fdfefeeafde1d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="b8cad7dad1d6cbd7d696d2dddedecaddc1f8ddc8d996dfd7ce">[email protected]</span></a>. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
paragraph below.
    (3) U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
    (4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at 
fax number 214-665-6762.
    (5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    (6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-TX-0026. 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 direct final action, please contact Ms. Melanie Magee (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) 665-7161. Ms. Magee can also be reached via electronic 
mail at <a href="/cdn-cgi/l/email-protection#92fff3f5f7f7bcfff7fef3fcfbf7d2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="7f121e181a1a51121a131e11161a3f1a0f1e51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever any 
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Action Is EPA Taking?

[[Page 11852]]

II. What Did Texas Submit?
III. What Is EPA's Evaluation of These SIP Revisions?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are taking direct final action to approve portions of three 
revisions to the Texas SIP submitted on July 22, 1998, October 4, 2002, 
and September 25, 2003. The July 22, 1998 SIP submittal repeals the 
existing SIP-approved rule addressing fees for permit renewal 
applications and replaces it with a new rule establishing a fee 
schedule for permit renewals under 30 TAC Chapter 116 based on the 
total annual allowable emissions from the permitted facility. The 
October 4, 2002, SIP submittal establishes the registration fee 
requirements for Permits by Rule under 30 TAC Chapter 106, and revises 
the air emission fee requirements found in 30 TAC Chapter 116 by 
increasing fees based on estimated capital costs for new and renewal 
permits and updating remittance information for the Texas Commission on 
Environmental Quality (TCEQ). The September 25, 2003, SIP revision 
updates the requirements for emission reductions to be used as NSR 
offsets, removes an expired provision for the Houston/Galveston and 
Beaumont/Port Arthur ozone nonattainment areas, and corrects errors in 
the TCEQ's mailing address used for air permit fee remittance. We are 
approving the repeal and replacement of section 116.313 submitted on 
July 22, 1998. We are approving new section 106.50 submitted on October 
4, 2002, as well as revisions to sections 116.141(b) and (e), 116.143 
Introductory Paragraph, 116.163(a) and (b), 116.313(a) and (b), and 
116.614. We are approving revisions to sections 116.12, 116.143, 
116.150, and 116.313, and the repeal and replacement of section 116.170 
and new section 116.172 submitted on September 25, 2003.
    We are publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on May 19, 2009 
without further notice unless we receive relevant adverse comment by 
April 20, 2009. 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 Did Texas Submit?

    We are approving provisions from three SIP revisions that the TCEQ 
submitted to EPA on July 22, 1998, October 4, 2002, and September 25, 
2003. Copies of the revised rules as well as the Technical Support 
Documents (TSDs) 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 TSDs and summarized 
below. The TSDs also contain a discussion as to why EPA is not taking 
action on certain provisions of each Texas SIP submittal and documents 
why these provisions are separable from the provisions that we are 
approving. We are unable to act upon revisions to 30 TAC Chapter 101, 
sections 101.24 and 101.27 for air emission and inspection fees 
submitted on October 4, 2002, because previous revisions are still 
pending for review by EPA. We are also unable to act upon the flexible 
permit fee requirements at 30 TAC Chapter 116, section 116.750 
submitted on October 4, 2002, because EPA has not yet approved the 
flexible permit program. Additionally, we are unable to act upon 
revisions to 30 TAC Chapter 116, sections 116.114, 116.115, 116.120, 
116.315, and 116.715, submitted on September 25, 2003, because these 
sections reference or rely upon non-SIP approved State regulations. EPA 
will address these provisions, as appropriate, in separate actions.

A. July 22, 1998 Submittal

Section 116.313--Renewal Application Fees
    The existing SIP-approved version of section 116.313 was adopted by 
the State on August 16, 1993, and approved by EPA on March 10, 2006 
(see 71 FR 12285). The State repealed and replaced the 1993 version of 
section 116.313 with a similar program for assessing permit renewal 
application fees on July 22, 1998. The 1998 version of new section 
116.313 establishes a fee schedule for permit renewals under 30 TAC 
Chapter 116 based on the total annual allowable emissions from the 
permitted facility.

B. October 4, 2002 Submittal

1. Section 106.50--Registration Fees for Permits by Rule
    The TCEQ adopted new section 106.50 to establish the registration 
fees for permits by rule (PBR) issued under 30 TAC Chapter 106. These 
registration fees cover the review and processing costs for the PBR 
program. New section 106.50 specifies that PBR registration will be 
$100 for small businesses and municipalities, counties, and independent 
school districts; all other entities submitting PBR registration will 
pay $450.
2. Section 116.141--Determination of Fees
    The previous State version of section 116.141(a) through (e), which 
is the existing SIP-approved version (see 67 FR 58697, September 18, 
2002), established a fee schedule for NSR permits based on the 
estimated capital cost of the project. The revisions to section 
116.141(b) and (e) adopted by the TCEQ on September 25, 2002, increased 
the fee from $450 to $900 for projects where the estimated capital cost 
is less than $300,000 or the project consists of new facilities 
controlled and operated directly by the federal government and federal 
Prevention of Significant Deterioration (PSD) regulations do not apply. 
For projects where the estimated capital cost is greater than $300,000 
and PSD regulations do not apply, the fee was increased from 0.15% to 
0.30% of the estimated capital cost. Additionally, the September 25, 
2002 adoption increased the fee from $450 to $900 for a permit or 
permit amendment not involving any capital expenditure.
3. Section 116.143--Payment of Fees
    The previous State version of section 116.143, Introductory 
Paragraph (1) and (2), which is the existing SIP-approved version (see 
67 FR 58697, September 18, 2002), established the methods by which the 
permit fees were to be submitted to the Texas Natural Resource 
Conservation Commission (TNRCC).\1\ The revisions to section 116.143, 
Introductory Paragraph, adopted by the TCEQ on September 25, 2002 
replaced the references to the TNRCC with updated references to the 
TCEQ, corrected the address for fee remittance, and provided additional 
payment

[[Page 11853]]

options through certified check and electronic funds transfer.
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    \1\ The TNRCC was changed to the TCEQ, effective September 1, 
2002.
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4. Section 116.163--Prevention of Significant Deterioration Permit Fees
    The previous State version of section 116.163, which is the 
existing SIP-approved version (see 62 FR 44083, August 19, 1997), 
established a fee schedule for PSD permits based on the estimated 
capital cost of the project. The revisions to section 116.163(a) and 
(b) adopted by the TCEQ on September 25, 2002, increased the fee from 
$1,500 to $3,000 for projects where the estimated capital cost is less 
than $300,000 or the project consists of new facilities controlled and 
operated directly by the federal government for which an application is 
submitted after January 1, 1987, and Federal PSD regulations do apply. 
For projects where the estimated capital cost is greater than $300,000 
and PSD regulations do apply, the fee was increased from 0.5% to 1.0% 
of the estimated capital cost.
5. Section 116.313--Renewal Application Fees
    The revisions to section 116.313(a) and (b) adopted by the TCEQ on 
September 25, 2002, increased the base and incremental fees in the 
permit renewal fee calculation and increased the minimum permit renewal 
fee from $300 to $600. The revision to section (a) Renewal Fee Table 
increases the base fee from $965 to $1,265 and $28 per ton for 
allowable tons per year greater than 24 but less than or equal to 99. 
Further, the revision to section (a) decreases the total allowable tons 
per year from 994 to 651. It also increases the base fee from $2,840 to 
$3,365 and increases the incremental fee from $8 per ton to $12 per 
ton. Additionally, the September 25, 2002 revisions replaced the 
references to the TNRCC with updated references to the TCEQ, corrected 
the address for fee remittance, and provided additional payment options 
through certified check and electronic funds transfer.
6. Section 116.614--Standard Permit Fees
    The previous State version of section 116.614, which is the 
existing SIP-approved version (see 68 FR 64543, November 14, 2003), 
established the methods by which the permit fees for standard permits 
were to be submitted to the TNRCC. The revisions to section 116.614 
adopted by the TCEQ on September 25, 2002 replaced the references to 
the TNRCC with updated references to the TCEQ, corrected the address 
for fee remittance, and provided additional payment options through 
certified check and electronic funds transfer.

C. September 25, 2003 Submittal

1. Section 116.12--Nonattainment Review Definitions
    The previous State version of this section, which is the existing 
SIP-approved version (see 69 FR 43572, July 22, 2004), established the 
definitions to be used in the NSR permitting program. The revisions to 
the introductory paragraph, and paragraphs (7)-(11), (13), and (18) of 
section 116.12 adopted by the TCEQ on August 20, 2003, include minor 
corrections to abbreviations, rule citations, and acronyms. In 
116.12(14) the definition of ``offset ratio'' is amended to clarify 
that a reduction creditable as an offset in the NSR permitting program 
must be certified and banked as either an emission reduction credit 
under 30 TAC Chapter 101, Subchapter H, Division 1 (approved at 71 FR 
52698, September 6, 2006) or as a discrete emission reduction credit 
under 30 TAC Chapter 101, Subchapter H, Division 4 (approved at 71 FR 
52703, September 6, 2006).
2. Section 116.143--Payment of Fees
    The revisions to section 116.143, Introductory Paragraph and (2), 
adopted by the TCEQ on August 20, 2003, further revise the revisions 
adopted by the TCEQ on September 25, 2002. The 2003 revision to the 
introductory paragraph updates the mailing address for the TCEQ. The 
revisions to (2) update the existing language by explaining when the 
fee is due and stating the review of the permit application will not 
begin until the fee is received.
3. Section 116.150--New Major Source or Major Modification in Ozone 
Nonattainment Areas
    The previous State version of section 116.150, which is the 
existing SIP-approved version (see 65 FR 43986, July 17, 2000), 
established requirements for new major sources and major modifications 
in ozone nonattainment areas, including the nitrogen oxide 
(NO<INF>X</INF>) waiver provisions at 116.150(c) for the Houston/
Galveston\2\ and Beaumont/Port Arthur ozone nonattainment areas. The 
revisions to section 116.150 adopted by the TCEQ on August 20, 2003, 
remove the NO<INF>X</INF> waiver provisions at 116.150(c). These 
provisions were removed because the time period specified for the 
NO<INF>X</INF> waiver has expired.
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    \2\ Note that in 1999 when the NO<INF>X</INF> waiver was put in 
place, the Houston/Galveston/Brazoria ozone nonattainment area was 
designated the Houston/Galveston ozone nonattainment area.
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4. Section 116.170--Applicability of Emission Reductions as Offsets
    The previous State version of section 116.170, which is the 
existing SIP-approved version (see 67 FR 58697), was repealed and 
replaced by the TCEQ on August 20, 2003. The new section 116.170 
establishes the requirements for the use of emission reductions as 
offsets for NSR permitting; consistent with the revisions to the 
definition of ``offset ratio'' reductions to be used as NSR offsets 
must be certified and banked under 30 TAC Chapter 101, Subchapter H, 
Divisions 1 or 4. The previous requirements for emissions offsets from 
rocket engine firing and cleaning have been moved to new section 
116.172.
5. Section 116.172--Emissions Offsets From Rocket Engine Firing and 
Cleaning
    The TCEQ adopted new section 116.172 on August 20, 2003. This new 
section contains the conditions under which emissions from rocket 
engine firing or cleaning may be offset by alternative means. The 
requirements for rocket engine firing and cleaning were moved without 
changes from section 116.170 as a result of the repeal and replacement 
of section 116.170, to new section 116.172.
6. Section 116.313--Renewal Application Fees
    The revisions to section 116.313(b) adopted by the TCEQ on August 
20, 2003, further revise the revisions adopted by the TCEQ on September 
25, 2002. The 2003 revision to subsection (b) updates the mailing 
address for the TCEQ.

III. What Is EPA's Evaluation of These SIP Revisions?

A. July 22, 1998 Submittal

    The July 22, 1998 submittal (adopted June 17, 1998), which repealed 
the SIP-approved section 116.313 and replaced it with a new section 
116.313 is approvable. The new section 116.313 is necessary to 
adequately implement the Chapter 116 permitting program for new 
construction and modifications. The provisions found at section 116.313 
are consistent with the fee assessment provisions of 110(a)(2)(L) of 
the CAA. The new section 116.313 did not increase the fee assessment 
established in the previously SIP-approved version of section 116.313. 
New section 116.313 rearranged previous requirements and updated 
mailing and billing information

[[Page 11854]]

from the Texas Air Control Board \3\ to the Texas Natural Resource 
Conservation Commission.
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    \3\ In 1993, the Texas Air Control Board merged with the Texas 
Water Commission and the combined agency was renamed the Texas 
Natural Resource Conservation Commission.
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B. October 4, 2002 Submittal

1. Section 106.50--Registration Fees for New Permits by Rule
    New section 106.50 adopted by the TCEQ on September 25, 2002, is 
approvable. The fees assessed by the TCEQ under section 106.50 are 
necessary to adequately implement the Chapter 106 PBR program. These 
requirements are consistent with 110(a)(2)(L) of the CAA. TCEQ made a 
sufficient demonstration that these fees are necessary to cover the 
cost of review and processing of PBRs.
2. Section 116.141--Determination of Fees
    EPA approved section 116.141(a) and (c) through (e), on August 19, 
1997 (62 FR 44083) into the Texas SIP. EPA approved section 116.141(b) 
into the Texas SIP on September 18, 2002 (67 FR 58709). The revisions 
to 116.141(b) and (e) adopted by the TCEQ on September 25, 2002, are 
approvable. The fees assessed by the TCEQ under section 116.141 are 
necessary to adequately implement the Chapter 116 permitting program 
for new construction and modifications. These revisions are consistent 
with 110(a)(2)(L) of the CAA. TCEQ made a sufficient demonstration that 
these fee increases are necessary to cover the cost of review and 
processing of NSR permits.
3. Section 116.143--Payment of Fees
    On September 18, 2002, EPA approved section 116.143, Introductory 
Paragraph and (1) and (2) into the Texas SIP (67 FR 58709). The 
revisions to section 116.143, Introductory Paragraph, adopted by the 
TCEQ on September 25, 2002, are approvable. The revisions to section 
116.143 are non-substantive changes; updating the name and address of 
the TCEQ (formerly the TNRCC) and allowing for additional payment 
methods. These revisions do not impact the functionality of the air 
permits for new construction or modification program.
4. Section 116.163--Prevention of Significant Deterioration Permit Fees
    EPA approved section 116.163(a) through (e) into the Texas SIP on 
August 19, 1997 (62 FR 44083). The revisions to 116.163(a) and (b) 
adopted by the TCEQ on September 25, 2002, are approvable. The fees 
assessed by the TCEQ under section 116.163 are necessary to adequately 
implement the Chapter 116 permitting program for new construction and 
modifications. These revisions are consistent with 110(a)(2)(L) of the 
CAA. TCEQ made a sufficient demonstration that these fee increases are 
necessary to cover the cost of review and processing of PSD permits.
5. Section 116.313--Permit Renewal Fees
    On March 10, 2006, EPA approved section 116.313 into the Texas SIP 
as adopted by the TCEQ on August 16, 1993 (71 FR 12285). TCEQ repealed 
and replaced section 116.313 on June 17, 1998 with a new section 
116.313. Section 116.313(a) and (b) was further revised on September 
25, 2002. The new section 116.313 adopted by the TCEQ on June 17, 1998, 
and further revised on September 25, 2002, is approvable. Section 
116.313 and the subsequent revisions are necessary to adequately 
implement the Chapter 116 permitting program for new construction and 
modifications. These revisions are consistent with the fee assessment 
provisions of 110(a)(2)(L) of the CAA. TCEQ made a sufficient 
demonstration that these fee increases are necessary to cover the cost 
of review and processing of PSD permits. Additionally, the non-
substantive changes; updating the name and address of the TCEQ and 
allowing for additional payment methods, do not impact the 
functionality of the air permits for new construction or modification 
program.
6. Section 116.614--Standard Permit Fees
    EPA previously approved section 116.614 into the Texas SIP on 
November 14, 2003 (68 FR 64548). The revisions to section 116.614 
adopted by the TCEQ on September 25, 2002, are approvable. The 
revisions to section 116.614 are non-substantive changes; updating the 
name and address of the TCEQ and allowing for additional payment 
methods. These revisions do not impact the functionality of the air 
permits for new construction or modification program.

C. September 25, 2003 Submittal

1. Section 116.12--Nonattainment Review Definitions
    EPA approved section 116.12 into the Texas SIP on July 22, 2004 (69 
FR 43752). The revisions to section 116.12 adopted by the TCEQ on 
August 20, 2003, are approvable. The revisions to introductory 
paragraph and (7)-(11), 13 and 18 of section 116.12 include several 
minor changes to abbreviations, rule citations, and acronyms to conform 
to Texas Register formatting. These revisions do not impact the 
functionality of the air permits for new construction or modification 
program.
    Additionally, in section 116.12(14) TCEQ revised the definition of 
``offset ratio'' to state that an emission reduction must be certified 
under 30 TAC Chapter 101, Subchapter H, Divisions 1 or 4, to be 
creditable as an offset under the NSR permitting program. The revisions 
to the definition of ``offset ratio'' do not change EPA's initial 
determination that the definition is consistent with the requirements 
of section 173 of the CAA. The revisions only serve to reference TCEQ's 
established emissions banking and trading programs. EPA proposed 
approval of the Chapter 101, Subchapter H, Division 1 Emission Credit 
Banking and Trading program, and conditional approval of the Division 4 
Discrete Emission Credit Banking and Trading program on October 5, 
2005, and finalized our approvals on September 6, 2006. Our proposed 
rulemakings discuss our rationale that the credits generated under the 
programs can be used as NSR offsets. The administrative record for 
these rulemakings is available in the rulemaking dockets, EPA-R06-OAR-
2005-TX-0006 and EPA-R06-OAR-2005-TX-0029, respectively. These 
revisions are consistent with 110(l) of the CAA.
2. Section 116.143--Payment of Fees
    EPA approved section 116.143 into the Texas SIP on September 16, 
2002 (67 FR 58697). The August 20, 2003, revisions to section 116.143 
introductory paragraph do not substantively change the requirements of 
section 116.143 adopted by the State on June 17, 1998 and further 
revised on September 25, 2002. The revisions to 116.143 adopted by the 
State on September 25, 2002, and further revised on August 20, 2003 are 
approvable. These revisions do not impact the functionality of the air 
permits for new construction or modification program. The revisions to 
section (2) of 116.143 reorder existing language and further explain 
the permit application review process. These revisions are consistent 
with 110(l) of the CAA.
3. Section 116.150--New Major Source of Major Modification in Ozone 
Nonattainment Areas
    EPA approved section 116.150 into the Texas SIP on July 17, 2000 
(65 FR 43986). The revisions to section 116.150, adopted August 20, 
2003, are

[[Page 11855]]

approvable. These revisions remove the NO<INF>X</INF> waiver provisions 
for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment 
areas because the time period for the waiver has expired. This revision 
is consistent with 110(l) of the CAA.
4. Section 116.170--Applicability of Emission Reductions as Offsets
    The former Sec.  116.170 was approved by EPA into the Texas SIP on 
September 18, 2002 (67 FR 58697). Subsection 116.170(2) is not in the 
SIP. On August 20, 2003 Sec.  116.170 was repealed and replaced with a 
new Sec.  116.170. The August 20, 2003, repeal and adoption of new 
section 116.170 are approvable. The requirements for the use of 
emission reductions as offsets for NSR permitting are consistent with 
the revised definition of ``offset ratio'' and the TCEQ's established 
emissions banking and trading programs. EPA proposed approval of the 
Chapter 101, Subchapter H, Division 1 Emission Credit Banking and 
Trading program, and conditional approval of the Division 4 Discrete 
Emission Credit Banking and Trading program on October 5, 2005, and 
finalized our approvals on September 6, 2006. Our proposed rulemakings 
discuss our rationale that the credits generated under the programs can 
be used as NSR offsets. The administrative record for these rulemakings 
is available in the rulemaking dockets, EPA-R06-OAR-2005-TX-0006 and 
EPA-R06-OAR-2005-TX-0029, respectively. This revision is consistent 
with 110(l) of the CAA.
5. Section 116.172--Emissions Offsets From Rocket Engine Firing and 
Cleaning
    The August 20, 2003 adoption of new section 116.172 is approvable. 
These provisions have been moved unchanged from the repealed section 
116.170, which was SIP-approved September 18, 2002 as consistent with 
the CAA. This revision is consistent with 110(l) of the CAA.
6. Section 116.313--Renewal Application Fees
    EPA approved section 116.313 into the Texas SIP March 10, 2006 (71 
FR 12285). The revisions to section 116.313, adopted August 20, 2003, 
do not substantively change the requirements of section 116.313, as 
adopted by TCEQ on June 17, 1998, and further revised on September 25, 
2002. The revisions to update the mailing address of the TCEQ are non-
substantive and will not impact the NSR permit renewal process. New 
section 116.313 as adopted by the State on June 17, 1998 and further 
revised on September 25, 2002 and August 20, 2003 is approvable.

D. Does Approval of Texas's Rule Revisions Interfere With Attainment, 
Reasonable Further Progress, or Any Other Applicable Requirement of the 
Act?

    Section 110(l) of the CAA states that EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and reasonable further progress 
towards attainment of the National Ambient Air Quality Standards 
(NAAQS) or any other applicable requirements of the Act. Our review of 
the Texas SIP submittals indicate that the revisions will not interfere 
with any applicable requirements concerning attainment and reasonable 
further progress towards attainment of the NAAQS or any other 
applicable requirements of the Act.

IV. Final Action

    EPA is taking direct final action to approve revisions to the Texas 
SIP submitted on July 22, 1998, October 4, 2002, and September 25, 
2003. Specifically, EPA is approving the repeal and replacement of 
section 116.313 submitted on July 22, 1998 to assess fee requirements 
for permit renewals. EPA is also approving new fee provisions for 
permits by rule at 30 TAC Chapter 106, Subchapter B, section 106.50 
submitted October 4, 2002. We are also approving the following 
revisions to the Texas SIP submitted on October 4, 2002: Revisions to 
section 116.141(b) and (e) to increase permit fee determinations, 
revisions to section 116.143 Introductory Paragraph to update the fee 
payment information, revisions to section 116.163(a) and (b) to 
increase permit fees for PSD permits, revisions to section 116.313(a) 
and (b) to increase permit renewal fees and update fee remittance 
information for the TCEQ, and revisions to section 116.614 to update 
the fee remittance information for standard permits. We are also 
approving the following revisions to the Texas SIP submitted on 
September 25, 2003: Revisions to section 116.12 to update the 
nonattainment review definitions, revisions to section 116.143 to 
update the TCEQ's mailing address, revisions to section 116.150 to 
remove the expired NO<INF>X</INF> waiver in the HGB nonattainment area, 
and revisions to section 116.313 to update the TCEQ's mailing address. 
We are also approving the September 25, 2003, repeal and replacement of 
section 116.170 with a new section 116.170 that establishes the 
requirements of emission reductions used as NSR offsets consistent with 
the revised nonattainment review definitions under section 116.12 and 
the current SIP approved trading programs under 30 TAC Chapter 101, 
Divisions 1 and 4. Finally, we are approving new section 116.172 
submitted on September 25, 2003, which establishes the requirements for 
emission offsets from rocket engine firing and cleaning.
    EPA is not taking action on the revisions to sections 101.24, 
101.27, and 116.750 submitted on October 4, 2002 or revisions to 
sections 116.114, 116.115, 116.120, 116.315, and 116.715, submitted on 
September 25, 2003. These 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:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement

[[Page 11856]]

Act of 1995 (15 U.S.C. 272 note) because application of those 
requirements would be inconsistent with the Clean Air Act; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 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 cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 19, 2009. 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: February 26, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, EPA Region 6.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

0
2. Section 52.2270 is amended as follows:
0
a. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 106--Permits by Rule, by 
adding the following immediately after the existing entry section 
106.13: A new centered heading entitled ``Subchapter B--Registration 
Fees for New Permits by Rule'' followed by a new entry for section 
106.50;
0
b. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 116--Control of Air 
Pollution by Permits for New Construction and Modification, Subchapter 
A--Definitions, by revising the entry for section 116.12;
0
c. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 116--Control of Air 
Pollution by Permits for New Construction and Modification, Subchapter 
B--New Source Review Permits, Division 4--Permit Fees, by revising the 
entries for sections 116.141 and 116.143;
0
d. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 116--Control of Air 
Pollution by Permits for New Construction and Modification, Subchapter 
B--New Source Review Permits, Division 5--Nonattainment Review, by 
revising the entry for section 116.150;
0
e. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 116--Control of Air 
Pollution by Permits for New Construction and Modification, Subchapter 
B--New Source Review Permits, Division 6--Prevention of Significant 
Deterioration, by revising the entry for section 116.163;
0
f. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 116--Control of Air 
Pollution by Permits for New Construction and Modification, Subchapter 
B--New Source Review Permits, Division 7--Emission Reductions: Offsets, 
by revising the entry for section 116.170 and adding a new entry in 
numerical order for section 116.172;
0
g. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 116--Control of Air 
Pollution by Permits for New Construction and Modification, Subchapter 
D--Permit Renewals, by revising the entry for section 116.313;
0
h. In paragraph (c) the table entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended the under Chapter 116--Control of Air 
Pollution by Permits for New Construction and Modification, Subchapter 
F--Standard Permits, by revising the entry for section 116.614.


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  State
                                                                                approval/
         State citation                          Title/subject                  submittal         EPA approval date                 Explanation
                                                                                   date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chapter 106--Permits by Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
 

[[Page 11857]]

 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Subchapter B--Registration Fees for New Permits by Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 106.50..................  Registration Fees for Permits by Rule......    9/25/2002  3/20/2009 [Insert FR page
                                                                                             number where document
                                                                                             begins].
=================================
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                              Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
========================================================================================================================================================
                                                                Subchapter A--Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
 Section 116.12.................  Nonattainment Review Definitions...........    8/20/2003  3/20/2009 [Insert FR page
                                                                                             number where document
                                                                                             begins].
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Subchapter B--New Source Review Permits
========================================================================================================================================================
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Division 4--Permit Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.141.................  Determination of Fees......................    9/25/2002  3/20/2009 [Insert FR page
                                                                                             number where document
                                                                                             begins].
Section 116.143.................  Payment of Fees............................    8/20/2003  3/20/2009 [Insert FR page
                                                                                             number where document
                                                                                             begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Division 5--Nonattainment Review
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.150.................  New Major Source or Major Modification in      8/20/2003  3/20/2009 [Insert FR page
                                   Ozone Nonattainment Area.                                 number where document
                                                                                             begins].
=================================
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Division 6--Prevention of Significant Deterioration Review
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.163.................  Prevention of Significant Deterioration        9/25/2002  3/20/2009 [Insert FR page
                                   Permit Fees.                                              number where document
                                                                                             begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Division 7--Emission Reductions: Offsets
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.170.................  Applicability of Emission Reductions as        8/20/2003  3/20/2009 [Insert FR page
                                   Offsets.                                                  number where document
                                                                                             begins].
Section 116.172.................  Emissions Offsets from Rocket Engine Firing    8/20/2003  3/20/2009 [Insert FR page
                                   and Cleaning.                                             number where document
                                                                                             begins].
=================================
 

[[Page 11858]]

 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Subchapter D--Permit Renewals
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.313.................  Renewal Application Fees...................    8/20/2003  3/20/2009 [Insert FR page
                                                                                             number where document
                                                                                             begins].
=================================
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Subchapter F--Standard Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.614.................  Standard Permit Fees.......................    9/25/2002  3/20/2009 [Insert FR page
                                                                                             number where document
                                                                                             begins].
=================================
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E9-5835 Filed 3-19-09; 8:45 am]
BILLING CODE 6560-50-P


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