
[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Rules and Regulations]               
[Page 34503-34508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy09-4]                         

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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.

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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

[[Page 34504]]

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 non-substantively 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

[[Page 34505]]

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 cross-reference 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 cross-reference 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 non-substantive 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 non-substantive 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 cross-references 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 Sec.
  101.351  As adopted by TCEQ December        Recodified Chapter 117
  13, 2002, effective January 17, 2003    references  As adopted by TCEQ
 Approved by EPA September 6, 2006 (71   July 25, 2007, effective August
               FR 52664)                             10, 2007
------------------------------------------------------------------------
Sec.   101.351(a) refers to sections:    Sec.   101.351(a) refers to
                                          sections:
    Sec.   117.106--Emission                Sec.   117.1210--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Utility              Attainment Demonstration at
     Electric Generation in Ozone            Major Utility Electric
     Nonattainment Areas.                    Generation Sources in the
                                             HGB Ozone Nonattainment
                                             Area.
    Sec.   117.206--Emission                Sec.   117.310--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Industrial,          Attainment Demonstration
     Commercial, and Institutional           for Combustion Control at
     Combustion Sources in Ozone             Major Industrial,
     Nonattainment Areas.                    Commercial, and
                                             Institutional Sources in
                                             the Houston-Galveston-
                                             Brazoria Ozone
                                             Nonattainment Area.
    Sec.   117.475--Emission                Sec.   117.2010--Emission
     Specifications for Boilers,             Specifications for
     Process Heaters, and Stationary         Combustion Control at Minor
     Engines and Gas Turbines at Minor       Sources in the HGB Ozone
     Sources.                                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 SIP-

[[Page 34506]]

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 Sec.
  101.353  As adopted by TCEQ December        Recodified Chapter 117
  13, 2002, effective January 17, 2003    references  As adopted by TCEQ
 Approved by EPA September 6, 2006 (71   July 25, 2007, effective August
               FR 52664)                             10, 2007
------------------------------------------------------------------------
Figure 101.353(a)(2) refers to           Figure 101.353(a)(2) refers to
 sections:                                sections:
    Sec.   117.106--Emission                Sec.   117.1210--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Utility              Attainment Demonstration at
     Electric Generation in Ozone            Major Utility Electric
     Nonattainment Areas.                    Generation Sources in the
                                             HGB Ozone Nonattainment
                                             Area.
    Sec.   117.206--Emission                Sec.   117.310--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Industrial,          Attainment Demonstration
     Commercial, and Institutional           for Combustion Control at
     Combustion Sources in Ozone             Major Industrial,
     Nonattainment Areas.                    Commercial, and
                                             Institutional Sources in
                                             the Houston-Galveston-
                                             Brazoria Ozone
                                             Nonattainment Area.
    Sec.   117.475--Emission                Sec.   117.2010--Emission
     Specifications for Boilers,             Specifications for
     Process Heaters, and Stationary         Combustion Control at Minor
     Engines and Gas Turbines at Minor       Sources in the HGB Ozone
     Sources.                                Nonattainment Area.
Figure 101.353(a)(3) refers to           Figure 101.353(a)(3) refers to
 sections:                                sections:
    Sec.   117.206(c)(1)(A) and (B)--       Sec.   117.310(a)(1)(A) and
     ESADs for gas-fired boilers.            (B)--ESADs for gas-fired
                                             boilers.
    Sec.   117.206(c)(2)(A)--fluid          Sec.   117.310(a)(2)(A)--
     catalytic cracking units.               fluid catalytic cracking
                                             units.
    Sec.   117.206(c)(5)--wood fuel         Sec.   117.310(a)(5)--wood
     fired boilers.                          fuel-fired boilers.
    Sec.   117.206(c)(8)(A)(i)--process     Sec.   117.310(a)(8)(A)(i)--
     heaters other than pyrolysis            process heaters other than
     reactors.                               pyrolysis reactors.
    Sec.   117.206(c)(8)(B)--process        Sec.   117.310(a)(8)(B)--
     heaters that are pyrolysis              process heaters that are
     reactors.                               pyrolysis reactors.
    Sec.   117.206(c)(9)(A)(ii)--           Sec.   117.310(a)(9)(A)(ii)--
     stationary, reciprocating internal      stationary, reciprocating
     combustion engines that are gas-        internal combustion engines
     fired rich burn engines not fired       that are gas-fired rich
     on landfill gas.                        burn engines not fired on
                                             landfill gas.
    Sec.   117.206(c)(10)--stationary       Sec.   117.310(a)(10)--
     gas turbines.                           stationary gas turbines.
    Sec.   117.206(c)(11)--duct burners     Sec.   117.310(a)(11)--duct
     used in turbine exhaust ducts.          burners used in turbine
                                             exhaust ducts.
Figure 101.353(a)(5) refers to           Figure 101.353(a)(5) refers to
 sections:                                sections:
    Sec.   117.106--Emission                Sec.   117.1210--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Utility              Attainment Demonstration at
     Electric Generation in Ozone            Major Utility Electric
     Nonattainment Areas.                    Generation Sources in the
                                             HGB Ozone Nonattainment
                                             Area.
    Sec.   117.206--Emission                Sec.   117.310--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Industrial,          Attainment Demonstration
     Commercial, and Institutional           for Combustion Control at
     Combustion Sources in Ozone             Major Industrial,
     Nonattainment Areas.                    Commercial, and
                                             Institutional Sources in
                                             the Houston-Galveston-
                                             Brazoria Ozone
                                             Nonattainment Area.
    Sec.   117.475--Emission                Sec.   117.2010--Emission
     Specifications for Boilers,             Specifications for
     Process Heaters, and Stationary         Combustion Control at Minor
     Engines and Gas Turbines at Minor       Sources in the HGB Ozone
     Sources.                                Nonattainment Area.
Figure 101.353(a)(6) refers to           Figure 101.353(a)(6) refers to
 sections:                                sections:
    Sec.   117.206(c)(17)--alternative      Sec.   117.310(a)(17)--
     to the emission specifications in       alternative to the emission
     (c)(1)-(16).                            specifications in (a)(1)-
                                             (16).
    Sec.   117.475(c)(6)--alternative       Sec.   117.2010(c)(6)--
     to the emission specifications in       alternative to the emission
     (c)(1)-(5).                             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 non-substantive revisions do not affect the calculation 
of allowances or the functionality of the SIP-approved MECT program.

------------------------------------------------------------------------
    SIP-approved references in Sec.
  101.354  As adopted by TCEQ December        Recodified Chapter 117
  13, 2002, effective January 17, 2003    references  As adopted by TCEQ
 Approved by EPA September 6, 2006 (71   July 25, 2007, effective August
               FR 52664)                             10, 2007
------------------------------------------------------------------------
Sec.   101.354(a) refers to sections:    Sec.   101.354(a) refers to
                                          sections:
    Sec.   117.114--Emission Testing        Sec.   117.1240--Continuous
     and Monitoring for the Houston/         Demonstration of Compliance
     Galveston Attainment Demonstration      for Utility Electric
     for Utility Electric Generation in      Generation Sources in HGB
     Ozone Nonattainment Areas.              Ozone Nonattainment Area.
    Sec.   117.214--Emission Testing        Sec.   117.340--Continuous
     and Monitoring for the Houston/         Demonstration of Compliance
     Galveston Attainment Demonstration      for Major Industrial,
     for Industrial, Commercial, and         Commercial, and
     Institutional Combustion Sources        Institutional Sources in
     in Ozone Nonattainment Areas.           the HGB Ozone Nonattainment
                                             Area.
    Sec.   117.479--Monitoring,             Sec.   117.2035--Monitoring
     Recordkeeping, and Reporting            and Testing Requirements
     Requirements for Boilers, Process       for Minor Sources in HGB
     Heaters, and Stationary Engines         Ozone Nonattainment Area.
     and Gas Turbines at Minor Sources.
Sec.   117.354(e) refers to sections:    Sec.   117.354(e) refers to
                                          sections:
    Sec.   117.206--Emission                Sec.   117.310--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Industrial,          Attainment Demonstration
     Commercial, and Institutional           for Combustion Control at
     Combustion Sources in Ozone             Major Industrial,
     Nonattainment Areas.                    Commercial, and
                                             Institutional Sources in
                                             the Houston-Galveston-
                                             Brazoria Ozone
                                             Nonattainment Area.
    Sec.   117.475--Emission                Sec.   117.2010--Emission
     Specifications for Boilers,             Specifications for
     Process Heaters, and Stationary         Combustion Control at Minor
     Engines and Gas Turbines at Minor       Sources in the HGB Ozone
     Sources.                                Nonattainment Area.

[[Page 34507]]


    Sec.   117.206(h)(3)--changes after     Sec.   117.310(e)(3)--
     December 31, 2000, to a unit            changes after December 31,
     subjected to an ESAD in section         2000, to a unit subject to
     117.206(c).                             ESAD in section 117.310(a).
    Sec.   117.475(f)--changes after        Sec.   117.2010(f)--changes
     December 31, 2000 to a unit             after December 31, 2000, to
     subjected to an ESAD in section         a unit subject to an ESAD
     117.475(c).                             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 non-substantive revisions do not affect the calculation 
of allowances or the functionality of the SIP-approved MECT program.

------------------------------------------------------------------------
    SIP-approved references in Sec.
  101.360  As adopted by TCEQ December        Recodified Chapter 117
  13, 2002, effective January 17, 2003    references  As adopted by TCEQ
 Approved by EPA September 6, 2006 (71   July 25, 2007, effective August
               FR 52664)                             10, 2007
------------------------------------------------------------------------
Sec.   101.360(a)(3) refers to           Sec.   101.360(a)(3) refers to
 sections:                                sections:
    Sec.   117.106--Emission                Sec.   117.1210--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Utility              Attainment Demonstration at
     Electric Generation in Ozone            Major Utility Electric
     Nonattainment Areas.                    Generation Sources in the
                                             HGB Ozone Nonattainment
                                             Area.
    Sec.   117.206--Emission                Sec.   117.310--Emission
     Specifications for Attainment           Specifications for
     Demonstrations for Industrial,          Attainment Demonstration
     Commercial, and Institutional           for Combustion Control at
     Combustion Sources in Ozone             Major Industrial,
     Nonattainment Areas.                    Commercial, and
                                             Institutional Sources in
                                             the Houston-Galveston-
                                             Brazoria Ozone
                                             Nonattainment Area.
    Sec.   117.475--Emission                Sec.   117.2010--Emission
     Specifications for Boilers,             Specifications for
     Process Heaters, and Stationary         Combustion Control at Minor
     Engines and Gas Turbines at Minor       Sources in the HGB Ozone
     Sources.                                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

[[Page 34508]]

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.

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 under ``Chapter 101--General Air Quality 
Rules'' as follows:
0
a. Under Subchapter A, by removing the entry for Section 101.22, 
Effective Date;
0
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:


Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
                                                           approval/
          State citation               Title/subject       submittal    EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
                                     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            7/25/2007  July 16, 2009
                                    Allowances.                         [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        7/25/2007  July 16, 2009
                                    Certification.                      [Insert FR page
                                                                        number where
                                                                        document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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

BILLING CODE 6560-50-P
