ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
PART
52
[
R06­
OAR­
2005­
TX­
0030;
FRL­_______________]

Approval
And
Promulgation
of
Implementation
Plans;

Texas;
Revisions
to
Regulations
for
Control
of
Air
Pollution
by
Permits
for
New
Sources
and
Modifications
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

SUMMARY:
The
EPA
proposes
to
approve
revisions
to
the
Texas
State
Implementation
Plan
(
SIP)
which
the
Texas
Commission
on
Environmental
Quality
(
TCEQ)
submitted
to
EPA
on
February
5,
2004.
The
adopted
amendments
revise
minimum
distance
limitation
permit
requirements
for
operation
of
new
and
modified
sources
to
allow
storage
of
an
inoperative
concrete
crusher
within
440
yards
of
a
residence,
school,
or
place
of
worship;
define
how
distance
measurements
should
be
taken
and
when
they
would
be
applicable
to
concrete
crushers
and
other
facilities;
and
allow
concrete
crushers
to
recycle
broken
concrete
at
temporary
demolition
sites
within
440
yards
of
nearby
buildings,
unless
the
facility
is
located
in
a
county
with
a
population
of
2.4
million
or
more,
or
in
a
county
adjacent
to
such
a
county.
The
TCEQ
also
revised
the
existing
distance
limitation
for
hazardous
waste
management
facilities
to
cross
2
reference
duplicative
language
elsewhere
in
its
regulations.
This
action
is
being
taken
under
section
110
of
the
Federal
Clean
Air
Act
(
the
Act,
or
CAA).

DATES:
Written
comments
must
be
received
on
or
before
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].

ADDRESSES:
Comments
may
be
mailed
to
Mr.
David
Neleigh,
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:
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:
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
adverse
comments.
A
detailed
rationale
for
the
approval
is
set
forth
in
the
direct
final
rule.
If
no
adverse
comments
are
received
in
response
to
this
action
rule,
no
further
activity
is
contemplated.
If
EPA
receives
3
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
this
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
and
Regulations"
section
of
this
Federal
Register.

11/
30/
05
Dated:
/
s/
Carl
E.
Edlund
Acting
Regional
Administrator,
Region
6.
