[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76673-76674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31529]



40 CFR Part 52

[EPA-R06-OAR-2005-TX-0025; FRL-9502-5]

Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the New Source Review (NSR) State Implementation Plan 
(SIP); General Definitions; Definition of Modification of Existing 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of Proposed Disapproval.


SUMMARY: EPA is withdrawing a proposed disapproval proposed on 
September 23, 2009, regarding two provisions that have been superseded 
by later submitted revisions. EPA is taking these actions under section 
110 of the Clean Air Act.

DATES: The proposed rule published September 23, 2009 (74 FR 48450) is 
withdrawn as of December 8, 2011.

[[Page 76674]]

FOR FURTHER INFORMATION CONTACT: Mr. 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) 665-6762; email address [email protected].

SUPPLEMENTARY INFORMATION: The EPA is withdrawing severable portions of 
its September 23, 2009, proposed disapproval of revisions to Title 30 
of the Texas Administrative Code (30 TAC) Section 116.10(11)(A) and 
(B), submitted March 13, 1996; July 22, 1998; and September 4, 2002. 
These are severable portions of the definition of ``modification of 
existing facility.''
    As noted in the September 23, 2009, proposed action on 
Subparagraphs (A) and (B), the two Subparagraphs are not severable from 
each other. See 74 FR 48450, at 48452. The two provisions were 
considered in conjunction with each other as our basis of evaluation in 
the original proposal. Because (B) is now repealed, and the wording of 
(A) has been changed in an October 5, 2010, submitted revision,\1\ the 
basis of evaluation in the original proposed action has changed. As 
proposed July 18, 2011 (76 FR 42078), EPA therefore withdraws its 
previously proposed action so that the submitted revised Subparagraph 
(A) and the impact of the repeal of Subparagraph (B) upon the revised 
Subparagraph (A) may be addressed in a future separate action. This 
course of action will promote efficiency, mitigate confusion, and 
facilitate new comments on the future proposed action on the October 5, 
2010, submittal with a proper basis of evaluation. Given the need for 
comments and evaluation of the newly submitted regulatory wording 
changes to Subparagraph (A), EPA considers any established deadline 
under the Business Coalition for Clean Air Appeal Group (BCCA) 
Settlement Agreement to be inapplicable with respect to this provision.

    \1\ The October 5, 2010 Submittal also redesignated Section 
116.10(11) to Section 116.10(9).

    The repeal of Subparagraph (B) in the October 2010 SIP submittal 
also renders moot and inapplicable any obligation to act on that 
provision under the BCCA Settlement Agreement. Because Subparagraph (B) 
was repealed and is no longer before EPA for action, no further action 
is needed on this provision. Consequently, EPA now withdraws its 
previously proposed action on Subparagraph (B).
    In response to our July 18, 2011, proposed withdrawal of 30 TAC 
116.10(11)(A) and (B), we received comments from Texas Industry Project 
and BCCA Appeal Group. The commenters agree that it is appropriate to 
withdraw the proposed disapproval of these provisions because 
Subparagraph (A) has been amended since EPA's proposed disapproval and 
because Subparagraph (B) has been repealed. Based upon the proposal and 
consideration of the comments we received, we are withdrawing the 
proposed September 23, 2009, disapproval of 30 TAC 116.10(11)(A) and 
(B), as submitted March 13, 1996; July 22, 1998; and September 4, 2002. 
Subparagraph (A) as it appears in the October 5, 2010, submittal will 
be evaluated and will be addressed in a separate future action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 29, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-31529 Filed 12-7-11; 8:45 am]