[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22239]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TX-8-1-5221a; FRL-5065-1]

 

Approval and Promulgation of State Implementation Plans Texas; 
Prevention of Significant Deterioration, Nitrogen Dioxide Increments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the Texas Prevention of 
Significant Deterioration (PSD) State Implementation Plan (SIP) which 
incorporates by reference the Federal nitrogen dioxide (NO2) 
increment standards. The effect of this action is to make this revision 
a part of the Texas SIP and thus federally enforceable.
DATES: This final rule will become effective on November 8, 1994 unless 
adverse or critical comments are received by October 11, 1994. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Planning Section, at the EPA Region 6 Office 
listed below. Copies of documents relevant to this action are available 
for public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least two 
working days in advance.
    U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), First Interstate Bank Building, 1445 Ross Avenue, suite 700, 
Dallas, Texas 75202-2733.
    Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
    Texas Natural Resource Conservation Commission, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Bill Deese of the EPA Region 6 Air 
Programs Branch at (214) 665-7253 and at the above address.

SUPPLEMENTARY INFORMATION:
    The EPA approved the Texas PSD SIP in the Federal Register (FR) on 
June 24, 1992, on pages 28093 to 28098 (57 FR 28093-28098). This 
approval gave the Texas Natural Resource Conservation Commission 
(TNRCC) (formerly the Texas Air Control Board (TACB)) direct authority, 
as of July 24, 1992, to issue and enforce PSD permits in most areas of 
Texas, with the limitations described in the rule. The revisions 
incorporated by reference, with certain exceptions, the regulations in 
40 CFR 52.21, as they existed on August 1, 1987, into section 
116.3(a)(13) of TACB Regulation VI, ``Control of Air Pollution by 
Permits for New Construction or Modification.'' At the time the 
revisions were adopted by the TACB and approved by the EPA, Regulation 
VI was codified in Chapter 116 of title 31 of the Texas Administrative 
Code (31 TAC Chapter 116).
    The Governor of Texas submitted to EPA on February 18, 1991, a 
revision to section 116.3(a)(13) of TACB Regulation VI. The revision 
was adopted by the TACB on December 14, 1990, after conducting a 
complete public participation program pursuant to 40 CFR 51.102. This 
revision changed the date in section 116.3(a)(13) from ``August 1, 
1987'' to ``October 17, 1988'' to reflect the amendments to 40 CFR 
52.21 as promulgated in the Federal Register on October 17, 1988 (53 FR 
40656-40672). By revising this date, the State will have, with certain 
exceptions, the authority to implement and enforce the Federal PSD 
rules, including the PSD NO2 increments, as promulgated in the 
Federal Register on October 17, 1988. The exceptions are the same as 
those discussed in the action published June 24, 1992, approving the 
Texas PSD SIP. The EPA has determined that the State of Texas has 
adequately revised its existing PSD SIP to incorporate the provisions 
of the NO2 increments promulgated by the EPA on October 17, 1988.
    The TACB, on August 16, 1993, adopted the repeal of Regulation VI 
(31 TAC Chapter 116), ``Control or Air Pollution by Permits for New 
Construction or Modification,'' and adopted a new Regulation VI (31 TAC 
Chapter 116) with the same name. The new Regulation VI has been 
submitted to EPA as a revision to the Texas SIP. The EPA has not yet 
acted on the submittal.
    The TACB became the Office of Air Quality in the new TNRCC on 
September 1, 1993. The TACB air quality control regulations were 
transferred from title 31 of the Texas Administrative Code (31 TAC) to 
new title 30 of the Texas Administrative Code (30 TAC). The designation 
for Regulation VI changed from 31 TAC Chapter 116 to 30 TAC Chapter 
116.
    In this Federal Register action, EPA is approving the revision to 
section 116.3(a)(13) of TNRCC Regulation VI (31 TAC Chapter 116) as 
adopted by the TACB on December 14, 1990, and submitted by the Governor 
on February 18, 1991. This action is not approving or disapproving any 
part of TNRCC Regulation VI (31 TAC Chapter 116) as adopted by the TACB 
on August 16, 1993. This action is also not approving or disapproving 
the transfer of Regulation VI from 31 TAC to 30 TAC.

Final Action

    The EPA is approving a revision to section 116.3(a)(13) of TNRCC 
Regulation VI (31 TAC Chapter 116), ``Control of Air Pollution by 
Permits for New Construction or Modification'' adopted by the TACB on 
December 14, 1990, and submitted by the Governor to EPA on February 18, 
1991. This revision will give the State the authority to implement, 
with certain exceptions, the Federal PSD regulations codified at 40 CFR 
52.21 as revised in the Federal Register on October 17, 1988. The 
exceptions are discussed in the Federal Register action published June 
24, 1992, approving the Texas PSD SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. Thus, today's direct 
final action will be effective November 8, 1994 unless, by October 11, 
1994, adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective November 8, 1994.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act (CAA) do not create any new requirements, but simply 
approve requirements that the State is already imposing. Therefore, 
because the Federal SIP-approval does not impose any new requirements, 
I certify that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the CAA, preparation of a regulatory flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of the State action. The CAA forbids EPA to base its 
actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 8, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Incorporation by 
reference, Nitrogen dioxide.

    Note: Incorporation by reference of the SIP for the State of 
Texas was approved by the Director of the Federal Register on July 
1, 1982.

    Dated: August 23, 1994.
W.B. Hathaway,
Acting Regional Administrator (6A).

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart SS--Texas

    2. Section 52.2270 is amended by adding paragraph (c)(78) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (78) Revision to the Texas State Implementation Plan for Prevention 
of Significant Deterioration adopted by the Texas Air Control Board 
(TACB) on December 14, 1990, and submitted by the Governor on February 
18, 1991.
    (i) Incorporation by reference.
    (A) Revision to TACB Regulation VI (31 TAC Chapter 116)--Control of 
Air Pollution by Permits for New Construction or Modification: Section 
116.3(a)(13) as adopted by the TACB on December 14, 1990, and effective 
January 7, 1991.
    (B) TACB Board Order No. 90-13, as adopted on December 14, 1990.
 * * * * *
    3. Section 52.2303 is amended by revising paragraph (a) to read as 
follows:


Sec. 52.2303  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of Texas on December 11, 
1985 (as adopted by the TACB on July 26, 1985), October 26, 1987 (as 
revised by the TACB on July 17, 1987), September 29, 1988 (as revised 
by the TACB on July 15, 1988), and February 18, 1991 (as revised by the 
TACB on December 14, 1990) containing Regulation VI--Control of Air 
Pollution for New Construction or Modification, Section 116.3(a)(13); 
the Prevention of Significant Deterioration (PSD) Supplement document, 
submitted by the Governor on October 26, 1987 (as adopted by the TACB 
on July 17, 1987); and revision to General Rules, Rule 101.20(3), 
submitted by the Governor on December 11, 1985 (as adopted by the TACB 
on July 26, 1985), is approved as meeting the requirements of part C, 
Clean Air Act for preventing significant deterioration of air quality.
* * * * *
[FR Doc. 94-22239 Filed 9-8-94; 8:45 am]
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