
[Federal Register: March 20, 2009 (Volume 74, Number 53)]
[Proposed Rules]               
[Page 11888-11889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr09-17]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0026; FRL-8780-4]

 
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: Proposed rule.

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SUMMARY: EPA is proposing 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

[[Page 11889]]

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: Comments must be received on or before April 20, 2009.

ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Chief, Air 
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be 
submitted electronically or through hand delivery/courier by following 
the detailed instructions in the ADDRESSES section of the direct final 
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning 
today's proposal, 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: In the final rules section of this Federal 
Register, EPA is approving the State's SIP submittal as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no relevant adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no relevant adverse comments are received in 
response to this action, no further activity is contemplated. If EPA 
receives relevant adverse comments, the direct final rule will be 
withdrawn and all public comments received will be addressed in a 
subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time. Please note that if EPA 
receives adverse comment on an amendment, paragraph, or section of the 
rule, and if that provision may be severed from the remainder of the 
rule, EPA may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.
    For additional information, see the direct final rule which is 
located in the rules section of this Federal Register.

    Dated: February 26, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
 [FR Doc. E9-5836 Filed 3-19-09; 8:45 am]

BILLING CODE 6560-50-P
