[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53716-53718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21490]


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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.

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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 <a href="/cdn-cgi/l/email-protection#e09390929589858c8cce9394818e8c8599a0859081ce878f96"><span class="__cf_email__" data-cfemail="b7c4c7c5c2ded2dbdb99c4c3d6d9dbd2cef7d2c7d699d0d8c1">[email protected]</span></a>.

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

[[Page 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:
    <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 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. 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.

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. The table in Sec.  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:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 53718]]



                                    EPA-Approved Regulations in the Texas SIP
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                                                       State approval/
         State citation              Title/subject     submittal date   EPA approval date        Explanation
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                                                  * * * * * * *
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          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
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                                                  * * * * * * *
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                                         Subchapter F--Standard Permits
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                                                  * * * * * * *
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Section 116.603.................  Public                     09/20/06  9/17/08 [Insert FR
                                   Participation in                     page number where
                                   Issuance of                          document begins].
                                   Standard Permits.
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[FR Doc. E8-21490 Filed 9-16-08; 8:45 am]
BILLING CODE 6560-50-P


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