Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11851 

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. 

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 

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–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 

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. What Action Is EPA Taking? 

11852 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

1The TNRCC was changed to the TCEQ, effective 

September 1, 2002. 

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 SIPapproved 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 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11853 

2Note that in 1999 when the NOX waiver was put 

in place, the Houston/Galveston/Brazoria ozone 

nonattainment area was designated the Houston/ 

Galveston ozone nonattainment area. 

options through certified check and 

electronic funds transfer. 

4. Section 116.163—Prevention of 

Significant Deterioration Permit Fees 

The previous State version of section 

116.163, which is the existing SIPapproved 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 SIPapproved 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 SIPapproved 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 SIPapproved 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 

(NOX) waiver provisions at 116.150(c) 

for the Houston/Galveston2 and 

Beaumont/Port Arthur ozone 

nonattainment areas. The revisions to 

section 116.150 adopted by the TCEQ 

on August 20, 2003, remove the NOX

waiver provisions at 116.150(c). These 

provisions were removed because the 

time period specified for the NOX

waiver has expired. 

4. Section 116.170—Applicability of 

Emission Reductions as Offsets 

The previous State version of section 

116.170, which is the existing SIPapproved 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 SIPapproved 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 

11854 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

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. 

from the Texas Air Control Board 3 to 

the Texas Natural Resource 

Conservation Commission. 

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 nonsubstantive 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 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11855 

approvable. These revisions remove the 

NOX 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 § 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 § 116.170 was repealed and 

replaced with a new § 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 NOX 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: 

• 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 

11856 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

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 

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. 

■ 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. Section 52.2270 is amended as 

follows: 

■ 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; 

■ 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; 

■ 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; 

■ 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; 

■ 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; 

■ 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; 

■ 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; 

■ 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. 

§ 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 106—Permits by Rule 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 11857 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

* * * * * * * 

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 Ozone Nonattainment Area.8/20/2003 3/20/2009 [Insert FR 

page number where 

document begins]. 

* * * * * * * 

Division 6—Prevention of Significant Deterioration Review 

* * * * * * * 

Section 116.163 .. Prevention of Significant Deterioration Permit Fees .............. 9/25/2002 3/20/2009 [Insert FR 

page number where 

document begins]. 

Division 7—Emission Reductions: Offsets 

Section 116.170 .. Applicability of Emission Reductions as Offsets .................... 8/20/2003 3/20/2009 [Insert FR 

page number where 

document begins]. 

Section 116.172 .. Emissions Offsets from Rocket Engine Firing and Cleaning 8/20/2003 3/20/2009 [Insert FR 

page number where 

document begins]. 

11858 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

* * * * * * * 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2004–0490; FRL–8784–4] 

RIN 2060–AO23 

Standards of Performance for 

Stationary Combustion Turbines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on amendments to the sulfur 

dioxide air emission standards for 

stationary combustion turbines that 

burn biogas (landfill gas, digester gas, 

etc.). Without these amendments, 

owners/operators of new stationary 

combustion turbines burning biogas 

containing relatively low amounts of 

sulfur-containing compounds will be 

required to install pretreatment facilities 

to remove the sulfur compounds prior to 

combustion or to install post 

combustion controls to lower sulfur 

dioxide emissions. It was not EPA’s 

intent to require the use of either of 

these approaches, and the costs 

associated with either approach are 

substantially greater than the 

environmental benefit resulting from the 

decrease in sulfur dioxide emissions. 

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 relevant adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the amendments in this rule will 

not take effect. 

ADDRESSES: Comments: Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2008–0748 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: a-and-r-docket@epa.gov 

and fellner.christian@epa.gov. 

3. Facsimile: (202) 566–9744. 

4. Mail: U.S. Postal Service, send 

comments to: Air and Radiation Docket, 

Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

5. Hand Delivery: Deliver in person or 

by courier to: EPA Docket Center, Public 

Reading Room, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2084– 

0748. 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. This includes any 

personal information provided, unless 

the comment contains 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. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0748. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then electronically identify within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be