[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Notices]
[Pages 59711-59716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24289]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R06-OAR-2010-0510; FRL-9207-4]
Audit Program for Texas Flexible Permit Holders
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Notice of Clean Air Act (CAA) voluntary audit compliance
program for flexible permit holders in the State of Texas (hereinafter
``Audit Program''); response to public comments.
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SUMMARY: EPA is offering holders of Texas flexible air permits an
opportunity to participate in a voluntary Audit Program that is
intended to expeditiously identify the federally-enforceable CAA unit
specific emission limitations, operating parameter requirements, and
monitoring, reporting, and recordkeeping (MRR) requirements for
determining compliance for all units covered by a facility's flexible
permit. EPA believes that the program will generate environmental
benefits for the public in Texas as well as a measure of regulatory
stability for holders of Texas flexible permits. This Final Notice
makes modifications to the Audit Program based on comments received
during the public comment period. A separate document contains the
Agency's Response to Comments (RTC).
DATES: Executed Audit Agreements may be submitted no later than
December 27, 2010. Participants who execute an Audit Agreement by
November 12, 2010 will receive a waiver of the gravity component of any
penalties resulting from noncompliance uncovered by the Audit.
ADDRESSES:
Docket: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2010-0510. 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 whose disclosure 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 at http://www.regulations.gov or in
hard copy at the Air Enforcement Section (6EN-AA), Environmental
Protection Agency, Region 6, 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 paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. There will be a 15 cent per page fee for making
photocopies of documents. On the day of the visit, please check in at
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas,
Texas, 75202-2733.
FOR FURTHER INFORMATION CONTACT: To submit executed Audit Agreements or
for more information on the Audit Program for Texas flexible permit
holders, please contact Mr. John Jones, Air Enforcement Section (6EN-
AA), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone
[[Page 59712]]
(214) 665-7233; fax number (214) 665-3177; e-mail address, [email protected].
SUPPLEMENTARY INFORMATION:
I. Audit Program for Texas Flexible Permit Holders
Audit Program Overview
Texas flexible permits are not part of the federally--approved
State Implementation Plan (``SIP''), and thus, only contain applicable
state permit requirements. Flexible permits are not the appropriate
mechanisms for embodying federal requirements, and are not
independently federally-enforceable. On September 25, 2007, EPA sent
notice letters to all facilities that were issued a flexible permit
informing them that flexible permits were pertinent only to Texas State
air permit requirements and that facilities were ``obligated to comply
with the federal requirements applicable to (their) plant, in addition
to any particular requirements of (their) flexible permit.'' Moreover,
on September 23, 2009, EPA proposed the disapproval of the Texas
flexible permit program as an amendment to the Texas SIP because it
does not meet federal Nonattainment New Source Review or Prevention of
Significant Deterioration (hereafter collectively referred to as
``NSR'') requirements (74 FR 48480). EPA followed that proposal with
several objections to Title V permits that relied on flexible permits
to encompass federal NSR requirements because the terms of the Texas
flexible permit are not incorporated into the federally--approved Texas
SIP. EPA finalized disapproval of the Texas flexible permit program on
July 15, 2010 (75 FR 41312).
EPA is proposing the Audit Program as a mechanism for Texas
Flexible Permit holders to transition these permits into SIP approved
NSR permits. Under the Audit Program, participants would need to
commission a comprehensive third-party Audit to determine all
federally-applicable unit-specific limitations and requirements and to
evaluate the federal CAA compliance status of emission units covered
under the facility's Texas flexible permit. The terms and process of
the Audit would be set forth in an agreement executed by EPA and
participants.
Under the agreement, the third-party auditor would identify for
each emission unit regulated under the source's flexible permit, all
current federally--applicable CAA requirements, including: (1) Emission
limitations/standards; (2) operational limitations/special conditions;
(3) monitoring, recordkeeping, and reporting (MRR) requirements; and
(4) specific references for all federal requirements identified (e.g.,
permit number, specific Maximum Achievable Control Technology, State
Implementation Plan citation). The auditor will also need to review and
assess the adequacy of the MRR requirements in current permits to
evaluate whether MRR is sufficient to demonstrate compliance with all
federally applicable emissions limitations and federal standards. Where
deficiencies exist, the auditor will provide recommendations for more
effective or supplemental MRR requirements.
To the extent that it is determined that a source is not in
compliance with NSR requirements with respect to a particular emission
unit, the agreement provides that the auditor will include an
evaluation of the current (2010) Lowest Achievable Emissions Rate or
Best Available Control Technology (hereinafter collectively referred to
as ``LAER/BACT'') for that emissions unit and will recommend an
applicable LAER/BACT limit for that emissions unit. Identification of
non-compliance with NSR requirements through the Audit Program may
require further discussion with EPA regarding a path forward for
bringing that emission unit into permanent, consistent compliance with
the CAA.
As set forth in the agreement, the third party auditor will perform
a year-by-year examination of operational and permitting history of
those emission units under the flexible permit. The primary deliverable
from the third-party Audit will be a detailed Audit Report that
describes the audit process and its conclusions, including clearly
organized summary tables of all applicable CAA requirements for each
emissions unit that will provide the basis for necessary permitting
revisions by the Texas Commission on Environmental Quality (TCEQ). In
addition to identifying all applicable unit specific emission
limitations, special conditions, operating parameters, and MRR
requirements, the auditor will also evaluate the CAA compliance status
of the emissions units included under the Texas flexible permit.
The agreement provides that the Audit Participant will then have an
opportunity to comment on the results of the third-party Audit, and to
propose to EPA alternative emission unit requirements. The parties may
elect to negotiate emission unit requirements in the post-audit period.
Finally, under the agreement, any emission unit requirements agreed
upon during the post-audit negotiation with EPA, would be memorialized
in a Consent Agreement and Final Order (``CAFO'') with EPA. The CAFO
would set forth the agreed upon emission unit requirements and would
require their inclusion in an amended Title V permit and appropriate
federally-enforceable permits (e.g., NSR, Texas SIP permits).
As part of this voluntary program, the Audit Participant will also
agree to work with its surrounding community to develop Community
Project(s) focused on improving, protecting, mitigating, and/or
reducing community risks to public health or the environment. The
nature and valuation of Community Projects will be based upon the
outcome of the Audit and will be finalized during post-audit
negotiations with EPA. The details of the Community Projects will be
fully described in the CAFO memorializing the results of the Audit.
EPA is offering this program under its discretionary CAA
enforcement authority and participation in the Audit Program is purely
voluntary. However, interested parties are required to submit an
executed Audit Agreement to apply for this program. Participants
choosing to enroll in the Audit Program will be required to meet the
specific requirements of the third-party Audit set forth in this Notice
and memorialized in an Audit Agreement signed by the Audit Participant
and EPA. It is important to emphasize that although participation in
this Audit Program is voluntary, participants who successfully complete
the program and successfully resolve any non-compliance of specific
alleged violations will receive appropriate covenants and releases as
part of that non-compliance resolution. Merely conducting an Audit does
not release a participant from potential liability.
EPA's Audit Policy, ``Incentives for Self Policing: Discovery,
Disclosure, Correction and Prevention of Violations,'' 65 FR 19,618
(April 11, 2000) recognizes the critical role of environmental auditing
in protecting human health and the environment by identifying,
correcting, and ultimately preventing violations of environmental laws,
particularly by responsible corporate citizens. This Audit Program
reflects the purpose and incentives of EPA's Audit Policy, and
participants who execute an Audit Agreement by November 12, 2010 will
receive a waiver of the gravity component of any penalties resulting
from noncompliance uncovered by the Audit; provided such noncompliance
is successfully resolved through a Consent Agreement and Final Order
(CAFO) under this audit process. EPA reserves the right to collect any
[[Page 59713]]
economic benefit that may have been realized as a result of
noncompliance.
Persons who have not secured independently federally-enforceable
construction and/or operating permits for all CAA applicable
requirements, through participation in this program or through other
appropriate mechanisms, may be the subject of federal enforcement
action. Nothing in this notice should be read to preclude EPA from
taking enforcement action where it determines such action is
appropriate to address non-compliance.
Texas Flexible Permit Program History
In the period from 1996 through 2002, the State of Texas proposed a
series of modifications to its Federal CAA SIP intended to make its
flexible permit program part of the SIP. The flexible permit program,
currently codified at 30 TAC 116.710, allows groups of emission sources
to be clustered together and issued permit limitations as if they were
a single emission source.
EPA has never approved the Texas flexible permit program for
inclusion in the SIP. On September 25, 2007, EPA issued a letter to all
flexible permit holders making the following points:
Permits issued under the Texas flexible permit rules
reflect Texas state requirements and not necessarily the federally-
applicable requirements.
Texas flexible permit holders are obligated to comply with
the applicable federal requirements (e.g., New Source Performance
Standards (NSPS), National Emission Standards for Hazardous Air
Pollutants (NESHAP), Prevention of Significant Deterioration (PSD), and
Non-attainment New Source Review (NNSR), terms and conditions of
permits approved under the federally-approved Texas SIP).
EPA would consider enforcement against sources for failure
to comply with applicable federal requirements on a case-by-case basis,
including against emission sources that were modified or constructed
without the issuance of a federally-enforceable permit.
EPA could initiate enforcement proceedings against these sources on
a case-by case basis, However, such an enforcement undertaking on a
case-by case basis is not an efficient approach to improving air
quality and achieving compliance with the CAA. Therefore, EPA is
exercising its discretion to allow holders of flexible permits to
participate in this voluntary Audit Program as a mechanism to
proactively address the status of emission units operating under the
Texas flexible permit program.
Audit Program Implementation
Any facility that chooses to participate in the voluntary Audit
Program will conduct an independent third-party audit of all emission
units covered by the source's Texas flexible permit to identify/
reinstate all of an emission unit's federally-applicable requirements,
and to identify each emission unit's CAA compliance status as discussed
under the Audit Program Overview. A final CAFO will require that the
facility submit applications for Title V and appropriate federally-
enforceable permits to the State of Texas in order to memorialize the
requirements identified by the audit process for each emission unit.
The Audit Program shall be implemented in the following steps:
1. Submittal of an executed Audit Agreement by the Audit
Participant. This agreement will memorialize the specific requirements
of the independent third-party audit, as well as the company's
commitment to work with its community to develop a Community
Project(s). EPA will have 15 days to object to the third-party auditor
selected by an Audit Participant. Any EPA objections shall be based on
concerns regarding the independence of the auditor. Executed Audit
Agreements under the Audit Program must be postmarked no later than 90
days after the date of publication in the Federal Register.
2. Completion of Audit Report. No later than 160 days, or a
timeframe agreed upon by EPA, after the date that the Director of the
Compliance Assurance and Enforcement Division of EPA Region 6 signs the
Audit Agreement, the independent Third-Party Auditor shall submit an
Audit Report to the Audit Participant and EPA. This report will include
a table containing all of the applicable emission unit requirements for
each unit covered by the Audit Participant's Texas flexible permit as
well as an analysis of the CAA compliance status for each emissions
unit. The Audit Report will include an examination of the operational
and permitting history of process units covered by the flexible permit,
and those affected by the flexible permit (i.e., in netting
calculations). For the purpose of providing transparency to the
community on the audit process, the Auditor will work with the Audit
Participant to prepare a version of the Audit Report with any
confidential business information removed. The non-confidential
business information versions of the Audit Report will be made
available to the public by EPA.
3. Audit Participant's comments regarding the Audit Report. No
later than 90 days from the completion of the Audit Report, the Audit
Participant shall submit its comments, if any, regarding the Audit
Report to EPA. The Audit Participant may specifically address its
concerns regarding the CAA compliance determinations and the emission
unit requirements identified in the Audit Report. For purposes of
providing transparency to the community on the audit process, the Audit
Participant will also prepare a version of the comments on the Audit
Report with any CBI removed. The Audit Participant's comments regarding
the Audit Report will be made available to the public by EPA.
4. Audit Participant and community development of significant
Community Project(s). After the completion of the Audit, the Audit
Participant shall work with the community surrounding the facility to
develop community project(s). Within 90 days after completion of the
Audit Report, the Audit Participant will submit to EPA a final
Community Project proposal for approval. The Community Project proposal
shall include a detailed description of the project(s) and a schedule
for project(s) implementation (projects must be completed within one
year of the CAFO date), a clear discussion of air nexus, and a
discussion of the community involvement and outreach conducted as the
project was developed. The Audit Participant's Community Project
proposal will be made available to the public for review.
5. Resolution of NSR non-compliance. One of the major objectives of
the third-party auditor will be the evaluation of the permitting
history and operational changes and modifications made during the
period of the Texas flexible permit for compliance with applicable
Federal NSR requirements. Identification of non-compliance with the NSR
program may require the installation of LAER/BACT and will require
further discussion with EPA regarding a path forward for bringing non-
compliant emission units into permanent, consistent compliance. As
previously discussed, EPA has elected to waive the gravity portion of
any penalties resulting from noncompliance identified through the Audit
for those Audit Participants that proactively initiate an Audit
Agreement within 45 days of Final Audit FRN publication. In addition,
any final CAFO will provide a release and covenant not to sue for the
violations alleged.
6. Filing of a Consent Agreement and Final Order (CAFO) with the
Region 6
[[Page 59714]]
Judicial Officer. The CAFO would set forth the Audit Participant's
obligation to comply with the requirements of the attached CAFO
Compliance Plan and Schedule and commitment to seek the inclusion of
agreed upon emission unit requirements in its Title V permit and
appropriate federally-enforceable permits. No later than 30-days after
the effective date of the CAFO, the Audit Participant will apply to the
appropriate permitting authority for a modification of its existing
Title V permit to include emission unit requirements (as defined in the
model below), a compliance plan, and, if warranted, a compliance
schedule as outlined in 30 TAC 122 Sec. 132(e)(4) and 40 CFR
70.5(c)(8). In addition, the Audit Participant shall apply for
modifications or for new permits memorializing the emission unit
requirements set forth in the CAFO. The CAFO must address all emission
units under the flexible permit. EPA will not negotiate settlements
where certain emission units are excluded from the settlement
discussions. A source will receive a covenant-not-to-sue and release
regarding civil liability for possible past violations of the CAA
addressed in this CAFO provided that CAA compliant emission unit
specific requirements are incorporated into a federally-enforceable
permit.
The proposed CAFO shall be made available for public comment for a
period of 30 days. EPA will consider any public comments, and as
appropriate, seek to work with the Audit Participant to revise the CAFO
based on such public comments. After the end of the CAFO public comment
period and after any revisions are made, EPA will seek finalization of
the CAFO by the Region 6 Judicial Officer. The Agency reserves its
right to modify the CAFO. The offering of the CAFO for public comment
does not explicitly create an obligation for EPA response or inclusion
of such comments in the final CAFO or elsewhere, nor does this create
any rights for public objection to the final CAFO.
The text of the Audit Agreement is available for download in either
a Word version file or as a portable document format (pdf) file at
http://www.regulations.gov. Unless explicitly indicated, the text of
the Audit Agreement is not subject to negotiation. Entities wishing to
participate shall submit: an executed copy of the Audit Agreement with
specific site details filled into the provided blanks; a list of
emission units covered under its Texas flexible permit; a copy of its
current Texas flexible permit, and all permits or other authorizations
that applied to the facility prior to the issuance of the Texas
flexible permit.
Conclusion: The above represents a short summary of the Audit
Program. The Texas Flexible Permit Audit Agreement is available in the
public docket for this notice at http://www.regulations.gov, and
represents the full requirements of the program. In addition, EPA has
provided a Model CAFO for Audit Participants in the docket at http://www.regulations.gov.
EPA is proposing the Audit Program to ensure that Texas flexible
permit holders have a path forward to secure compliance with the
requirements of the CAA. As EPA has stated that Texas flexible permits
are not independently federally-enforceable permits, industry
representatives have expressed concern regarding the legal
ramifications of operating facilities and making changes at facilities
that do not have independently federally-enforceable permits.
Representatives of citizens living in areas near facilities regulated
under flexible permits are concerned that in some instances flexible
permits allow facilities to emit more harmful pollution than would be
allowed under federal law. We believe the Audit Program has the
potential to result in beneficial reductions in the levels of air
pollutants being emitted by flexible permit holders as well as
providing industry a legal framework for continuing operations until
independently federally-enforceable permitting authorizations can be
obtained.
II. Response to Comments Received on EPA Audit Program for Flexible
Permit Holders
On June 17, 2010, EPA solicited comments on an audit program for
Texas flexible permit holders (75 FR 34445). The following are EPA's
responses to comments received during the comment period on EPA's Audit
Program for Flexible Permit Holders. EPA thanks those individuals for
their comments and as indicated below, the Agency made several
modifications to the Audit Program based upon these comments. As
indicated in the Federal Register Notice, EPA has chosen to generally
respond to comments received.
A. Community Projects
I. Community Projects as a Condition of the Audit
We received numerous comments regarding the requirement to conduct
a Community Project as part of the Audit Agreement. Commenters stated
that by requiring a Community Project as a prerequisite to
participation in the Audit Program, EPA was presuming noncompliance.
In response to these comments, EPA clarified in the Audit Agreement
that the condition regarding Community Project(s) would address the SIP
and Title V violations identified in the attached model CAFO inherent
to all flexible permit holders in addition to any other noncompliance
issues identified by the audit. As a result, the agency believes that a
commitment from the Audit Participants to conduct a Community Project
is a critical element in addressing noncompliance in addition to
proactively addressing community concerns regarding potential impacts
from noncompliance.
II. Community Project Upfront Valuation
Several Commenters indicated that the Community Project valuation
should not occur until after the Audit is completed. Additional
comments received indicated that the large upfront expenditure for the
Community Projects would have a ``chilling effect'' on voluntary
participation in the Audit Program.
EPA has addressed the concerns regarding the significant upfront
costs regarding these projects by removing the upfront Community
Project valuation and the Tiering table. EPA has elected to link the
valuation of the Community Projects to the findings of the third-party
Audit. Noncompliance identified by the Audit will result in Community
Projects, injunctive relief and potentially civil penalties. As
referenced in the Audit FRN, this Audit Program reflects the purpose
and incentives of EPA's Audit Policy, and participants who execute an
Audit Agreement within 45 days of the Final Audit publication will
receive a waiver of the gravity component of any penalties resulting
from noncompliance uncovered by the Audit.
III. Community Involvement
A Commenter requested that the outreach regarding the Community
Projects extend beyond the currently established groups and involve the
impacted communities. The Commenter further requested that EPA take
further steps to encourage meaningful participation from the community
by providing notification to the community or establishing a Web site
to identify those participating in the Audit Program.
In response to these comments, EPA included language in the Audit
Agreement specifying that outreach to the community to obtain input on
[[Page 59715]]
Community Projects should extend beyond any pre-established community
advisory panels.
EPA has also added language to the Audit Agreement committing the
Agency to establish a Web site of all executed Audit Agreements. The
Agreements will identify the points of contact for the company, and EPA
encourages individuals with ideas specific to the Community Projects to
submit them to the company representative for consideration.
B. Tiering of Facilities
I. Additional Clarification on Tiering Process
EPA received numerous comments regarding the tiering process
including numerous requests for clarification on how the facility tiers
were established.
As indicated above, EPA has elected to remove the Tiering table and
upfront valuation for Community Projects and link the valuation of the
Community Projects to the findings of the third-party Audit including
the initial violations identified in the model CAFO.
C. Third-Party Auditor
I. Auditor Qualifications
Several Commenters provided comments and recommendations regarding
the qualifications and certifications of the third-party Auditor.
In response to these comments, we made numerous changes to the
Auditor qualifications to include flexibility with regard to the
Auditor's familiarity with the concepts of independence and
professional care while conducting the Audit. Specifically, we added an
additional certification option by the Board of Environmental Health &
Safety Auditor Certifications (BEAC), along with the current ISO 19011
requirement.
We also modified the certification condition that the Third-Party
Audit results be certified by a professional engineer in the State of
Texas. We modified the Audit Agreement to allow for additional
flexibility by removing the condition that the professional engineer be
certified in Texas and, in addition, we are allowing for a
certification by a certified auditor.
II. Auditor Guidance
One Commenter requested that EPA provide specific direction to the
Third-Party Auditor regarding EPA's policies and guidance related to
RMRR--Routine Maintenance Documentation in Audit Report from EDF
In response to this comment, EPA added additional language to the
Audit Agreement specifying that in addition to applying the version of
NSR regulations in the approved Texas SIP, the Third-Party Auditor
shall also perform their NSR analysis consistent with Agency principles
formally identified in EPA NSR Guidance Documents.
D. Audit Program
I. Procedural Concerns
A Commenter expressed procedural concerns with EPA's process for
taking comments on this voluntary approach as well as procedural
concerns with the Audit Program.
With this notice, EPA has proposed a voluntary path forward under
its enforcement discretion that the agency would find acceptable toward
settlement of violations associated with Texas Flexible Permits. This
is a voluntary process, and does not replace or change any existing
rules, regulations, or policies. Given the universe of permittees, EPA
is attempting to provide upfront clarity on an acceptable enforcement
path where the Agency would resolve existing or potential liability
associated with flexible permits. EPA provided additional process by
taking comments on the approach. All other options remain. This
approach does not take the place of appropriate and required
permitting. Obtaining an appropriate valid federal permit is a
condition of such a settlement. While the auditor will make
recommendations and control levels will be agreed to for a settlement,
the Audit and CAFO are clear that these are minimum levels of control
for settlement and do not prejudge what Lowest Achievable Emission
Rate/Best Available Control Technology (LAER/BACT) determinations are
made by the permitting authority. All permitting requirements and
procedures must be met at that time.
II. Audit Timeline
One Commenter expressed concern that 160 days was not adequate time
to conduct a detailed permitting and compliance audit of a complex
facility.
In response to this comment, EPA added language to allow for
additional time for audit completion if agreed upon by EPA. EPA
recognizes the importance of having adequate time to conduct the
comprehensive audit and does not want a hard timeframe to limit
participation or encourage a cursory review.
III. CBI
A Commenter requested that EPA establish an expedited CBI challenge
process so that the community can have meaningful participation in the
Audit process.
EPA understands the Commenter's concerns and is in agreement that
the Audit process should be as transparent as possible. However, EPA is
required to follow 40 CFR Part 2, Subpart B, which specifies the extent
to which information subject to a business confidentiality claim is
available to the public and the challenge and determination process the
Agency must follow.
E. CAFO
I. Releases Given to Audit Participants
A Commenter expressed concern that the scope of EPA's proposed
release and covenant not to sue could be interpreted over broadly.
The Commenter was correct that EPA's intent is to release only
those CAA violations expressly alleged and addressed in the CAFO. EPA
will tailor each CAFO beyond the limited example provided to include
case specific facts and clarify the scope of the release and covenant
not to sue.
The Commenter made a related comment concerning detail that should
be required in the Audit Report regarding what emission requirements
and changes in operational measures or control technologies must be
implemented to ensure that disclosed non-NSR violations are eliminated
by complying with the CAFO.
EPA recognizes more detail will be required if the Audit identifies
noncompliance or concerns broader than NSR and would expect such
additional information to be provided in the audit. If insufficient
information is provided to make a decision on appropriate measures to
address a violation, it would not be alleged or resolved in the audit
CAFO but more appropriately handled separately.
II. Stipulated Penalties
A Commenter urged EPA to incorporate stipulated penalties into the
CAFO to sanction failing to fully and timely comply with all the
substantive requirements of the CAFO.
While we understand the comment, the agency's interest is in
compliant permits and this is why we made any release and covenant
conditional on full compliance with the CAFO and obtaining the
necessary permit(s). Many of the milestones of the audit will be prior
to the CAFO and the emission limits of the CAFO will be enforceable
until the emission limits are incorporated into valid federal permits.
[[Page 59716]]
Dated: September 20, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010-24289 Filed 9-27-10; 8:45 am]
BILLING CODE 6560-50-P