Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Rules and Regulations 34503 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary of Veterans Affairs 

hereby certifies that this final rule 

would not have a significant economic 

impact on a substantial number of small 

entities as they are defined in the 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612. This final rule will directly affect 

only individuals and will not directly 

affect small entities. Therefore, this final 

rule is exempt, pursuant to 5 U.S.C. 

605(b), from the final regulatory 

flexibility analysis requirements of 

section 604. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more, or adversely affect in 

a material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this final rule and has 

determined that it is a significant 

regulatory action under Executive Order 

12866. 

Catalog of Federal Domestic Assistance 

This final rule would affect the 

program that has the following Catalog 

of Federal Domestic Assistance program 

number and title: 64.009—Veterans 

Medical Care Benefits. To the extent 

that VA directly provides medical care 

to patients under the Civilian Health 

and Medical Program of the Department 

of Veterans Affairs or other programs, 

this rule would also affect those 

programs, which have no Catalog of 

Federal Domestic Assistance program 

numbers. 

List of Subjects in Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs—health, 

Grant programs, veterans, Health care, 

Health facilities, Health professions, 

Health records, Homeless, Medical and 

dental schools, Medical devices, 

Medical research, Mental health 

programs, Nursing homes, Philippines, 

Reporting and recordkeeping 

requirements, Scholarships and 

fellowships, Travel and transportation 

expenses, and Veterans. 

Approved May 15, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

■ For the reasons stated in the preamble, 

the Department of Veterans Affairs 

amends 38 CFR part 17 as follows: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, 1721, and as 

noted in specific sections. 

■ 2. Section 17.32 is amended by: 

■ a. In paragraph (d)(1)(iv), adding ‘‘or’’ 

after the semicolon at the end of the 

paragraph. 

■ b. In paragraph (d)(1)(v), removing ‘‘; 

or’’ and adding, in its place, a period at 

the end of the paragraph. 

■ c. Removing paragraph (d)(1)(vi). 

■ d. Removing paragraph (g)(4). 

[FR Doc. E9–16898 Filed 7–15–09; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0905; FRL–8931–1] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to General Air Quality Rules 

and the Mass Emissions Cap and 

Trade Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve portions of one 

revision to the Texas State 

Implementation Plan (SIP) submitted by 

the State of Texas on August 16, 2007; 

these portions of the SIP revision 

approved: Repeal an unnecessary 

effective date in the Texas SIP under 

Title 30 in the Texas Administrative 

Code (TAC), Chapter 101—General Air 

Quality Rules, Subchapter A—General 

Rules; and make non-substantive 

changes in the Texas SIP to the Mass 

Emissions Cap and Trade Program 

(MECT) under 30 TAC Chapter 101, 

Subchapter H—Emissions Banking and 

Trading, Division 3. EPA has 

determined that these changes to the 

Texas SIP comply with the Federal 

Clean Air Act (the Act or CAA) 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 Act. 

DATES: This direct final rule is effective 

on September 14, 2009 without further 

notice, unless EPA receives relevant 

adverse comment by August 17, 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–2007–0905, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

online 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–2007– 

0905. 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 


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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. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

used, we mean EPA. 

Table of Contents 

I. What Action Is EPA Taking? 

II. What Did Texas Submit? 

III. What Is EPA’s Evaluation of This SIP 

Revision? 

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 one revision to the 

Texas SIP submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) on August 16, 2007. One of the 

portions of the August 16, 2007 SIP 

revision submittal repeals an 

unnecessary effective date in the Texas 

SIP that is under the General Air 

Quality Rules found at 30 TAC Chapter 

101, Subchapter A. Another portion of 

the August 16, 2007 submittal revises 

the MECT Program in the Texas SIP that 

is under 30 TAC Chapter 101, 

Subchapter H, Division 3. The MECT 

Program in the Texas SIP is nonsubstantively revised to correctly update 

the name and acronym of the Houston/ 

Galveston/Brazoria ozone 

nonattainment area and to update the 

cross-references to the stationary source 

nitrogen oxide (NOX) rules found in the 

Texas SIP at 30 TAC Chapter 117 as a 

result of the non-substantive 

recodification of Chapter 117 approved 

by EPA as part of the Texas SIP on 

December 3, 2008 (see 73 FR 73562). 

Consequently, we are approving the 

repeal of section 101.22 from the Texas 

SIP, and revisions to the Texas SIP at 

sections 101.350(10), 101.351(a), 

101.353(a), 101.354(a) and (e), and 

101.360(a)(3) submitted on August 16, 

2007 by the TCEQ. 

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 September 

14, 2009 without further notice unless 

we receive relevant adverse comment by 

August 17, 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 portions from one 

SIP revision that TCEQ adopted on July 

25, 2007 and submitted to EPA on 

August 16, 2007. A copy of the revised 

rule as well as the Technical Support 

Document (TSD) can be obtained from 

the Docket, as discussed in the ‘‘Docket’’ 

section above. A discussion of the 

specific Texas rule changes that we are 

approving is included in the TSD and 

summarized below. The TSD also 

contains a discussion as to why EPA is 

not taking action on certain provisions 

of this Texas SIP submittal. We are not 

acting today upon revisions to the 

general air quality definitions at 30 TAC 

Chapter 101, Subchapter A, section 

101.1 because previous revisions are 

still pending for review by EPA. We are 

also not acting today upon the revisions 

to the Emission Credit Banking and 

Trading Program at 30 TAC Chapter 

101, Subchapter H, Division 1, sections 

101.302 and 101.306 because EPA is 

still reviewing a previous revision to the 

SIP submitted on October 24, 2006. 

Similarly, we are not acting today upon 

the revisions to the Discrete Emission 

Credit Banking and Trading Program at 

30 TAC Chapter 101, Subchapter H, 

Division 4, sections 101.372 and 

101.376 because the October 24, 2006 

SIP revision is still under EPA review. 

EPA has not yet taken action on the 

System Cap Trading Program at 30 TAC 


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Chapter 101, Subchapter H, Division 5 

and therefore is not acting today upon 

revisions to sections 101.383 and 

101.385. 

A. 30 TAC Chapter 101, Subchapter A 

Section 101.22—Effective Date 

The existing SIP-approved version of 

section 101.22 was adopted by the State 

of Texas on July 20, 1981, and approved 

by EPA on April 22, 1982 (see 47 FR 

17285). Section 101.22 established an 

effective date by which the general air 

quality rules found at 30 TAC Chapter 

101 are in force in the State of Texas. 

The TCEQ repealed section 101.22 on 

July 25, 2007. 

B. 30 TAC Chapter 101, Subchapter H, 

Division 3 

1. Section 101.350—Definitions 

The existing SIP-approved version of 

section 101.350(1)–(14) was adopted by 

the TCEQ on December 13, 2002, and 

approved by EPA on September 6, 2006 

(see 71 FR 52664). The revisions to 

section 101.350(10) adopted by the 

TCEQ on July 25, 2007, update the name 

and acronym of the Houston/Galveston 

(HGA) ozone nonattainment area to 

Houston/Galveston/Brazoria (HGB) 

ozone nonattainment area, consistent 

with the 1997 eight-hour ozone 

designations. 

2. Section 101.351—Applicability 

The existing SIP-approved version of 

section 101.351(a) and (b) was adopted 

by the TCEQ on December 13, 2002, and 

approved by EPA on September 6, 2006 

(see 71 FR 52664). The revisions to 

section 101.351(a) and (a)(1) adopted by 

the TCEQ on July 25, 2007, update the 

name of the Houston/Galveston/ 

Brazoria ozone nonattainment area to be 

consistent with the definitions at 

section 101.350, update cross-references 

to stationary source NOX rules at 30 

TAC Chapter 117 as a result of the 

Chapter 117 recodification to the Texas 

SIP, and provide grammatical changes. 

3. Section 101.353—Allocation of 

Allowances 

The existing SIP-approved version of 

section 101.353(a)–(h) was adopted by 

the TCEQ on December 13, 2002, and 

approved by EPA on September 6, 2006 

(see 71 FR 52664). The revisions to 

section 101.353(a) adopted by the TCEQ 

on July 25, 2007, update the allowance 

calculation figure to correctly crossreference the recodified stationary 

source NOX rules to the Texas SIP at 30 

TAC Chapter 117. 

4. Section 101.354—Allowance 

Deductions 

The existing SIP-approved version of 

section 101.354(a)–(g) was adopted by 

the TCEQ on December 13, 2002, and 

approved by EPA on September 6, 2006 

(see 71 FR 52664). TCEQ revised section 

101.354(a) and (e) to correctly crossreference the recodified stationary 

source NOX rules to the Texas SIP at 30 

TAC Chapter 117. 

5. Section 101.360—Level of Activity 

Certification 

The existing SIP-approved version of 

section 101.360(a)–(c) was adopted by 

the TCEQ on December 13, 2002, and 

approved by EPA on September 6, 2006 

(see 71 FR 52664). TCEQ revised section 

101.360(a)(3) to correctly cross-reference 

the recodified stationary source NOX

rules to the Texas SIP at 30 TAC 

Chapter 117. 

III. What Is EPA’s Evaluation of This 

SIP Revision? 

A. 30 TAC Chapter 101, Subchapter A 

Section 101.22—Effective Date 

The July 25, 2007, repeal of section 

101.22 is approvable. The Texas 

Administrative Code does not need to 

include the effective date for the general 

air rules since each section now has its 

own effective date included at the end 

of each section. Additionally, EPA 

includes the effective date for each 

section that is approved into the Texas 

SIP at 40 CFR 52.2270(c). 

B. 30 TAC Chapter 101, Subchapter H, 

Division 3 

1. Section 101.350—Definitions 

The revisions to section 101.350(10) 

adopted by the TCEQ on July 25, 2007, 

are approvable. These revisions are nonsubstantive and serve only to update the 

name and acronym of the Houston/ 

Galveston (HGA) ozone nonattainment 

area to Houston/Galveston/Brazoria 

(HGB) ozone nonattainment area, 

consistent with the 1997 eight-hour 

ozone designations. These revisions to 

do not affect the functionality of the 

SIP-approved MECT program. 

2. Section 101.351—Applicability 

The revisions to section 101.351(a) 

and (a)(1) adopted by the TCEQ on July 

25, 2007, are approvable. These nonsubstantive revisions update the name 

of the Houston/Galveston/Brazoria 

ozone nonattainment area to be 

consistent with the definitions at 

section 101.350, update cross-references 

to the stationary NOX rules at 30 TAC 

Chapter 117 as a result of the Chapter 

117 recodification to the Texas SIP, and 

provide grammatical changes. The table 

below demonstrates that the crossreferences have been updated correctly 

and that no previous SIP-approved 

section of Chapter 117 was overlooked 

in the cross-reference update. These 

non-substantive revisions do not alter 

the applicability or functionality of the 

SIP-approved MECT program. 

SIP-approved references in § 101.351 

As adopted by TCEQ December 13, 2002, effective January 17, 2003 

Approved by EPA September 6, 2006 (71 FR 52664) 

Recodified Chapter 117 references 

As adopted by TCEQ July 25, 2007, effective August 10, 2007 

§ 101.351(a) refers to sections: § 101.351(a) refers to sections: 

§ 117.106—Emission Specifications for Attainment Demonstrations 

for Utility Electric Generation in Ozone Nonattainment Areas.

§ 117.1210—Emission Specifications for Attainment Demonstration 

at Major Utility Electric Generation Sources in the HGB Ozone 

Nonattainment Area. 

§ 117.206—Emission Specifications for Attainment Demonstrations 

for Industrial, Commercial, and Institutional Combustion Sources 

in Ozone Nonattainment Areas.

§ 117.310—Emission Specifications for Attainment Demonstration 

for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone 

Nonattainment Area. 

§ 117.475—Emission Specifications for Boilers, Process Heaters, 

and Stationary Engines and Gas Turbines at Minor Sources.

§ 117.2010—Emission Specifications for Combustion Control at 

Minor Sources in the HGB Ozone Nonattainment Area. 

3. Section 101.353—Allocation of 

Allowances 

The revisions to section 101.353(a) 

adopted by the TCEQ on July 25, 2007, 

are approvable. The non-substantive 

revisions to the allowance calculation 

figure correctly cross-reference the 

recodified stationary source NOX rules 

in the Texas SIP at 30 TAC Chapter 117. 

The table below demonstrates that the 

cross-references have been updated 

correctly and that no previous SIPVerDate Nov<24>2008 15:07 Jul 15, 2009 Jkt 217001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1

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34506 Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Rules and Regulations 

approved section of Chapter 117 was 

overlooked in the cross-reference 

update. These non-substantive revisions 

do not affect the calculation of 

allowances or the functionality of the 

SIP-approved MECT program. 

SIP-approved references in § 101.353 

As adopted by TCEQ December 13, 2002, effective January 17, 2003 

Approved by EPA September 6, 2006 (71 FR 52664) 

Recodified Chapter 117 references 

As adopted by TCEQ July 25, 2007, effective August 10, 2007 

Figure 101.353(a)(2) refers to sections: Figure 101.353(a)(2) refers to sections: 

§ 117.106—Emission Specifications for Attainment Demonstrations 

for Utility Electric Generation in Ozone Nonattainment Areas.

§ 117.1210—Emission Specifications for Attainment Demonstration 

at Major Utility Electric Generation Sources in the HGB Ozone 

Nonattainment Area. 

§ 117.206—Emission Specifications for Attainment Demonstrations 

for Industrial, Commercial, and Institutional Combustion Sources 

in Ozone Nonattainment Areas.

§ 117.310—Emission Specifications for Attainment Demonstration 

for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone 

Nonattainment Area. 

§ 117.475—Emission Specifications for Boilers, Process Heaters, 

and Stationary Engines and Gas Turbines at Minor Sources.

§ 117.2010—Emission Specifications for Combustion Control at 

Minor Sources in the HGB Ozone Nonattainment Area. 

Figure 101.353(a)(3) refers to sections: Figure 101.353(a)(3) refers to sections: 

§ 117.206(c)(1)(A) and (B)—ESADs for gas-fired boilers ................. § 117.310(a)(1)(A) and (B)—ESADs for gas-fired boilers. 

§ 117.206(c)(2)(A)—fluid catalytic cracking units .............................. § 117.310(a)(2)(A)—fluid catalytic cracking units.

§ 117.206(c)(5)—wood fuel fired boilers ........................................... § 117.310(a)(5)—wood fuel-fired boilers. 

§ 117.206(c)(8)(A)(i)—process heaters other than pyrolysis reactors.§ 117.310(a)(8)(A)(i)—process heaters other than pyrolysis reactors. 

§ 117.206(c)(8)(B)—process heaters that are pyrolysis reactors ..... § 117.310(a)(8)(B)—process heaters that are pyrolysis reactors. 

§ 117.206(c)(9)(A)(ii)—stationary, reciprocating internal combustion 

engines that are gas-fired rich burn engines not fired on landfill 

gas.

§ 117.310(a)(9)(A)(ii)—stationary, reciprocating internal combustion 

engines that are gas-fired rich burn engines not fired on landfill 

gas. 

§ 117.206(c)(10)—stationary gas turbines ........................................ § 117.310(a)(10)—stationary gas turbines. 

§ 117.206(c)(11)—duct burners used in turbine exhaust ducts ........ § 117.310(a)(11)—duct burners used in turbine exhaust ducts. 

Figure 101.353(a)(5) refers to sections: Figure 101.353(a)(5) refers to sections: 

§ 117.106—Emission Specifications for Attainment Demonstrations 

for Utility Electric Generation in Ozone Nonattainment Areas.

§ 117.1210—Emission Specifications for Attainment Demonstration 

at Major Utility Electric Generation Sources in the HGB Ozone 

Nonattainment Area. 

§ 117.206—Emission Specifications for Attainment Demonstrations 

for Industrial, Commercial, and Institutional Combustion Sources 

in Ozone Nonattainment Areas.

§ 117.310—Emission Specifications for Attainment Demonstration 

for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone 

Nonattainment Area. 

§ 117.475—Emission Specifications for Boilers, Process Heaters, 

and Stationary Engines and Gas Turbines at Minor Sources.

§ 117.2010—Emission Specifications for Combustion Control at 

Minor Sources in the HGB Ozone Nonattainment Area. 

Figure 101.353(a)(6) refers to sections: Figure 101.353(a)(6) refers to sections: 

§ 117.206(c)(17)—alternative to the emission specifications in 

(c)(1)–(16).

§ 117.310(a)(17)—alternative to the emission specifications in 

(a)(1)–(16). 

§ 117.475(c)(6)—alternative to the emission specifications in 

(c)(1)–(5).

§ 117.2010(c)(6)—alternative to the emission specifications in 

(c)(1)–(5). 

4. Section 101.354—Allowance 

Deductions 

The July 25, 2007, revisions to section 

101.354(a) and (e) are approvable. These 

non-substantive revisions correctly 

cross-reference the recodified stationary 

source NOX rules in the Texas SIP at 30 

TAC Chapter 117. The table below 

demonstrates that the cross-references 

have been updated correctly and that no 

previous SIP-approved section of 

Chapter 117 was overlooked in the 

cross-reference update. These nonsubstantive revisions do not affect the 

calculation of allowances or the 

functionality of the SIP-approved MECT 

program. 

SIP-approved references in § 101.354 

As adopted by TCEQ December 13, 2002, effective January 17, 2003 

Approved by EPA September 6, 2006 (71 FR 52664) 

Recodified Chapter 117 references 

As adopted by TCEQ July 25, 2007, effective August 10, 2007 

§ 101.354(a) refers to sections: § 101.354(a) refers to sections: 

§ 117.114—Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration for Utility Electric Generation 

in Ozone Nonattainment Areas.

§ 117.1240—Continuous Demonstration of Compliance for Utility 

Electric Generation Sources in HGB Ozone Nonattainment Area. 

§ 117.214—Emission Testing and Monitoring for the Houston/Galveston Attainment Demonstration for Industrial, Commercial, and 

Institutional Combustion Sources in Ozone Nonattainment Areas.

§ 117.340—Continuous Demonstration of Compliance for Major Industrial, Commercial, and Institutional Sources in the HGB 

Ozone Nonattainment Area. 

§ 117.479—Monitoring, Recordkeeping, and Reporting Requirements for Boilers, Process Heaters, and Stationary Engines and 

Gas Turbines at Minor Sources.

§ 117.2035—Monitoring and Testing Requirements for Minor 

Sources in HGB Ozone Nonattainment Area. 

§ 117.354(e) refers to sections: § 117.354(e) refers to sections: 

§ 117.206—Emission Specifications for Attainment Demonstrations 

for Industrial, Commercial, and Institutional Combustion Sources 

in Ozone Nonattainment Areas.

§ 117.310—Emission Specifications for Attainment Demonstration 

for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone 

Nonattainment Area. 

§ 117.475—Emission Specifications for Boilers, Process Heaters, 

and Stationary Engines and Gas Turbines at Minor Sources.

§ 117.2010—Emission Specifications for Combustion Control at 

Minor Sources in the HGB Ozone Nonattainment Area. 


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SIP-approved references in § 101.354 

As adopted by TCEQ December 13, 2002, effective January 17, 2003 

Approved by EPA September 6, 2006 (71 FR 52664) 

Recodified Chapter 117 references 

As adopted by TCEQ July 25, 2007, effective August 10, 2007 

§ 117.206(h)(3)—changes after December 31, 2000, to a unit subjected to an ESAD in section 117.206(c).§ 117.310(e)(3)—changes after December 31, 2000, to a unit subject to ESAD in section 117.310(a). 

§ 117.475(f)—changes after December 31, 2000 to a unit subjected to an ESAD in section 117.475(c).§ 117.2010(f)—changes after December 31, 2000, to a unit subject 

to an ESAD in section 117.2010(c). 

5. Section 101.360—Level of Activity 

Certification 

The July 25, 2007, revisions to section 

101.360(a)(3) are approvable. These 

non-substantive revisions correctly 

cross-reference the recodified stationary 

source NOX rules in the Texas SIP at 30 

TAC Chapter 117. The table below 

demonstrates that the cross-references 

have been updated correctly and that no 

previous SIP-approved section of 

Chapter 117 was overlooked in the 

cross-reference update. These nonsubstantive revisions do not affect the 

calculation of allowances or the 

functionality of the SIP-approved MECT 

program. 

SIP-approved references in § 101.360 

As adopted by TCEQ December 13, 2002, effective January 17, 2003 

Approved by EPA September 6, 2006 (71 FR 52664) 

Recodified Chapter 117 references 

As adopted by TCEQ July 25, 2007, effective August 10, 2007 

§ 101.360(a)(3) refers to sections: § 101.360(a)(3) refers to sections: 

§ 117.106—Emission Specifications for Attainment Demonstrations 

for Utility Electric Generation in Ozone Nonattainment Areas.

§ 117.1210—Emission Specifications for Attainment Demonstration 

at Major Utility Electric Generation Sources in the HGB Ozone 

Nonattainment Area. 

§ 117.206—Emission Specifications for Attainment Demonstrations 

for Industrial, Commercial, and Institutional Combustion Sources 

in Ozone Nonattainment Areas.

§ 117.310—Emission Specifications for Attainment Demonstration 

for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone 

Nonattainment Area. 

§ 117.475—Emission Specifications for Boilers, Process Heaters, 

and Stationary Engines and Gas Turbines at Minor Sources.

§ 117.2010—Emission Specifications for Combustion Control at 

Minor Sources in the HGB Ozone Nonattainment Area. 

C. 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 portions of one revision to the 

Texas SIP submitted August 16, 2007. 

Specifically, EPA is approving the 

repeal of the effective date provision at 

30 TAC Chapter 101, Subchapter A, 

section 101.22. EPA is also approving 

non-substantive revisions to the MECT 

program at 30 TAC Chapter 101, 

Subchapter H, Division 3, sections 

101.350(10), 101.351(a), 101.353(a), 

101.354(a) and (e), and 101.360(a)(3). 

EPA is not taking action on the 

revisions to the general air quality 

definitions at 30 TAC Chapter 101, 

Subchapter A, section 101.1, revisions 

to the Emission Credit Banking and 

Trading Program at 30 TAC Chapter 

101, Subchapter H, Division 1, sections 

101.302, revisions to Discrete Emission 

Credit Banking and Trading Program at 

30 TAC Chapter 101, Subchapter H, 

Division 4, sections 101.372 and 

101.376, or revisions to the System Cap 

Trading Program at 30 TAC Chapter 

101, Subchapter H, Division 5, 101.383, 

and 101.385. These revisions remain 

under review by EPA and available for 

future actions. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 


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34508 Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Rules and Regulations 

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 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 September 14, 

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: July 6, 2009. 

Lawrence E. Starfield, 

Acting 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 under ‘‘Chapter 

101—General Air Quality Rules’’ as 

follows: 

■ a. Under Subchapter A, by removing 

the entry for Section 101.22, Effective 

Date; 

■ b. Under Subchapter H, Division 3, by 

revising the entries for Sections 101.350, 

101.351, 101.353, 101.354, and 101.360. 

The revisions read as follows: 

§ 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 101—General Air Quality Rules 

* * * * * * * 

Subchapter H—Emissions Banking and Trading 

* * * * * * * 

Division 3—Mass Emissions Cap and Trade Program 

Section 101.350 ...................... Definitions ............................... 7/25/2007 July 16, 2009 [Insert FR page number where 

document begins].

Section 101.351 ...................... Applicability ............................. 7/25/2007 July 16, 2009 [Insert FR page number where 

document begins].

* * * * * * * 

Section 101.353 ...................... Allocation of Allowances ......... 7/25/2007 July 16, 2009 [Insert FR page number where 

document begins].

Section 101.354 ...................... Allowance Deductions ............. 7/25/2007 July 16, 2009 [Insert FR page number where 

document begins].

* * * * * * * 

Section 101.360 ...................... Level of Activity Certification ... 7/25/2007 July 16, 2009 [Insert FR page number where 

document begins].

* * * * * * * 

[FR Doc. E9–16866 Filed 7–15–09; 8:45 am] 

BILLING CODE 6560–50–P 


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