53716 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

authorized hazardous fuel reduction 

project by exhausting the administrative 

review process set out in this subpart. 

Further, judicial review of hazardous 

fuel reduction projects that are subject 

to these procedures is strictly limited to 

those issues raised by the plaintiff’s 

submission during the objection 

process, except in exceptional 

circumstances such as where significant 

new information bearing on a specific 

claim only becomes available after 

conclusion of the administrative review. 

§ 218.15 Information collection 

requirements. 

The rules of this subpart specify the 

information that objectors must provide 

in an objection to a proposed authorized 

hazardous fuel reduction project as 

defined in the HFRA (§ 218.8). As such, 

these rules contain information 

collection requirements as defined in 5 

CFR part 1320. These information 

requirements are assigned OMB Control 

Number 0596–0172. 

§ 218.16 Applicability and effective date. 

The provisions of this subpart are 

effective as of October 17, 2008 and 

apply to all proposed authorized 

hazardous fuel reduction projects 

conducted under the provisions of the 

HFRA for which scoping begins on or 

after October 17, 2008. 

Dated: September 10, 2008. 

Mark Rey, 

Under Secretary, NRE. 

[FR Doc. E8–21751 Filed 9–16–08; 8:45 am] 

BILLING CODE 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0867; FRL–8715–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Control of Air Pollution by Permits for 

New Construction or Modification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Texas State Implementation Plan 

(SIP), submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) on October 9, 2006. The SIP 

revision EPA is approving would 

require decreased newspaper notice for 

proposed air quality Standard Permits 

with statewide applicability to the 

following metropolitan areas: Austin, 

Dallas, Houston, and any other regional 

newspapers the TCEQ Executive 

Director designates on a case-by-case 

basis. TCEQ will publish notice of a 

proposed air quality Standard Permit in 

the Texas Register and will issue a press 

release. In addition, TCEQ may also use 

electronic means to inform state and 

local officials of a proposed air quality 

Standard Permit. EPA is approving this 

revision pursuant to section 110 of the 

Federal Clean Air Act (Act). 

DATES: This rule is effective on October 

17, 2008. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R06–OAR–2006–0867. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

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

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

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal 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: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

214–665–7263; e-mail address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Outline 

I. What Action Is EPA Taking? 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is approving a revision to 30 

Texas Administrative Code (TAC), 

Chapter 116 (Control of Air Pollution by 

Permits for New Construction or 

Modification), Subchapter F (Standard 

Permits), section 116.603 (Public 

Participation in Issuance of Standard 

Permits). TCEQ adopted a revision to 

this section on September 20, 2006, and 

submitted the proposed SIP revision to 

EPA on October 9, 2006 for approval. 

The SIP revision requires that any 

proposed air quality Standard Permit 

with statewide applicability be 

published in the daily newspaper of 

largest general circulation within each 

of the following metropolitan areas: 

Austin, Dallas, Houston, and any other 

regional newspaper designated by the 

Executive Director on a case-by-case 

basis. The proposed revision also 

requires TCEQ to publish notice of a 

proposed Standard Permit in the Texas 

Register and issue a press release. 

However, the proposed revision changes 

the current EPA SIP-approved rule as it 

no longer requires TCEQ to issue 

newspaper notices for proposed 

Standard Permits with statewide 

applicability in the following 

metropolitan areas: Amarillo, Corpus 

Christi, El Paso, the Lower Rio Grande 

Valley, Lubbock, the Permian Basin, or 

Tyler. EPA approves the revision as 

meeting the federal requirements of the 

Act, Public Availability of Information, 

which requires ‘‘. . . [n]otice by 

prominent advertisement in the area 

affected * * *.’’ 

On May 15, 2008 (73 FR 28071), we 

published our proposed approval of this 

SIP revision. The proposal provided 

detailed information about the Texas 

SIP revision that we are approving 

today. The proposal also provided a 

detailed analysis of our rationale for 

approving the Texas SIP revision. In the 

proposal, we provided opportunity for 

public comment on the proposed action. 

The comment period for this proposed 

rulemaking ended June 16, 2008. We 

received no comments, adverse or 

otherwise, on the proposed rulemaking. 

We are therefore finalizing our proposed 

approval without changes. For more 

details on this submittal, please refer to 

the proposed rulemaking and to the 

Technical Support Document, which is 

in the docket for this action. 

For the reasons discussed in the 

proposed rulemaking and in the 

Technical Support Document, EPA 

believes that the revision to Section 

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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53717 

116.603 continues to ensure that the 

entire State of Texas is provided with 

adequate public notice of any proposed 

Standard Permit with statewide 

applicability and ensures that citizens 

in Texas are afforded the opportunity to 

comment on the proposed Standard 

Permit. 

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 submittal discussed in 

this notice and the Technical Support 

Document demonstrated that although 

public notice for Standard Permits with 

Statewide applicability will be 

published in fewer newspapers, EPA 

believes that this SIP revision continues 

to meet the Federal requirements 

relating to public notice for new and 

modified sources. For these reasons we 

believe that the revision 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. 

II. Final Action 

For the reasons discussed above, EPA 

is approving the changes to 30 TAC 

116.603 (Public Participation in 

Issuance of Standard Permits) submitted 

October 9, 2006, as a revision to the 

Texas SIP. 

III. 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 final action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 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 rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. 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 November 17, 

2008. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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: September 2, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

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

‘‘EPA-Approved Regulations in the 

Texas SIP’’ is amended by revising the 

entry for Section 116.603 to read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

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53718 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

* * * * * * * 

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

* * * * * * * 

Subchapter F—Standard Permits 

* * * * * * * 

Section 116.603 ....... Public Participation in Issuance of Standard Permits.09/20/06 9/17/08 [Insert FR page number where 

document begins].

* * * * * * * 

[FR Doc. E8–21490 Filed 9–16–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R01–OAR–2008–0112; A–1–FRL– 

8709–4] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the updates 

of the Outer Continental Shelf (OCS) Air 

Regulations proposed in the Federal 

Register on February 27, 2008. 

Requirements applying to OCS sources 

located within 25 miles of states’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (COA), as mandated by 

section 328(a)(1) of the Clean Air Act 

Amendments of 1990 (the Act). The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources in the 

Commonwealth of Massachusetts. The 

intended effect of approving the OCS 

requirements for the Commonwealth of 

Massachusetts is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore. 

DATES: Effective Date: This rule is 

effective on October 17, 2008. The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of October 17, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2008–0112. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Ida 

E. McDonnell, Air Permits, Toxics and 

Indoor Air Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (CAP), Boston, MA 02114– 

2023, telephone number (617) 918– 

1653, fax number (617) 918–0653, email mcdonnell.ida@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document: The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 328(a) of the Clean Air Act 

(the Act) requires that EPA establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of states’ seaward boundaries that 

are the same as onshore requirements. 

To comply with this statutory mandate, 

EPA must incorporate applicable rules 

of the corresponding onshore area 

(COA) into 40 CFR part 55. 

On February 27, 2008 (73 FR 10406), 

EPA proposed to incorporate various 

Massachusetts air pollution control 

requirements into 40 CFR part 55. These 

requirements are being promulgated in 

response to the submittal of a Notice of 

Intent (NOI) on December 7, 2007 by 

Cape Wind Associates, LLC of Boston, 

Massachusetts. EPA has evaluated the 

proposed requirements to ensure that 

they are rationally related to the 

attainment or maintenance of federal or 

state ambient air quality standards or 

Part C of title I of the Act, that they are 

not designed expressly to prevent 

exploration and development of the 

OCS and that they are applicable to OCS 

sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). In addition, EPA has excluded 

administrative or procedural rules. 

Section 328(a) of the Act and 40 CFR 

part 55 limit EPA’s flexibility in 

deciding which requirements will be 

incorporated into part 55 and prevent 

mstockstill on PROD1PC66 with RULES