[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Proposed Rules]
[Page 19739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8427]



40 CFR Part 52

[EPA-R06-OAR-2005-TX-0013; FRL-9290-1]

Approval and Promulgation of Implementation Plans; Texas; System 
Cap Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.


SUMMARY: On November 18, 2010 (75 FR 70654), EPA published a proposed 
rule to disapprove severable portions of two revisions to the Texas 
State Implementation Plan (SIP) submitted by the State of Texas on May 
1, 2001, and August 16, 2007, that create and amend the System Cap 
Trading (SCT) Program at Title 30 Texas Administrative Code, Chapter 
101--General Air Quality, Subchapter H--Emissions Banking and Trading, 
Division 5, sections 101.380, 101.382, 101.383, and 101.385. We 
proposed disapproval because the SCT Program lacks several necessary 
components for emissions trading programs as outlined in EPA's Economic 
Incentive Program Guidance. Subsequent to our proposed disapproval, EPA 
received a letter dated March 4, 2011, from the Texas Commission on 
Environmental Quality (TCEQ) stating that the May 1, 2001, and August 
16, 2007, SCT Program SIP submissions have been withdrawn from our 
consideration as revisions to the Texas SIP. Therefore, EPA is 
withdrawing our proposed disapproval and finds that no further action 
is necessary on the SCT Program. The State's action also withdraws from 
EPA's review the SCT Program component of the January 22, 2010 Consent 
Decree between EPA and the BCCA Appeal Group, Texas Association of 
Business, and Texas Oil and Gas Association. This withdrawal is being 
taken under section 110 and parts C and D of the Federal Clean Air Act.

DATES: The proposed rule published on November 18, 2010 (75 FR 70654), 
is withdrawn as of April 8, 2011.

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 
[email protected].

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: March 25, 2011.
Al Armendariz,
Regional Administrator, EPA Region 6.
[FR Doc. 2011-8427 Filed 4-7-11; 8:45 am]