[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22398]


[[Page Unknown]]

[Federal Register: September 12, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TX-23-1-6390; FRL-5063-6]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revision to the State Implementation Plan (SIP) Addressing 
Carbon Monoxide (CO) for El Paso

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves a revision to the Texas SIP addressing CO 
for El Paso. Certain elements of the complete El Paso CO SIP were 
submitted by the Governor of Texas to the EPA in order to meet the 
November 15, 1992, deadline for the purpose of bringing about the 
attainment of the National Ambient Air Quality Standards (NAAQS) for 
CO. These elements satisfy certain Federal requirements for an 
approvable nonattainment area CO SIP for El Paso. This Federal Register 
(FR) action approves some of the elements of the complete El Paso CO 
SIP, including the 1990 base year CO emissions inventory and the 
oxygenated fuels program. The remaining elements of the complete El 
Paso CO SIP have been or will be acted upon in separate FR actions.

EFFECTIVE DATE: This final rule will become effective on October 12, 
1994.

ADDRESSES: Copies of the 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 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
U.S. Environmental Protection Agency, Air and Radiation Docket and 
Information Center, 401 M Street SW., Washington, DC 20460.
Texas Natural Resource Conservation Commission, Air Quality Planning 
Annex, 12118 North IH-35, Park 35 Technology Center, Building A, 
Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Cupp, Planning Section 
(6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, telephone (214) 665-8015.

SUPPLEMENTARY INFORMATION:

Background

    A segment of El Paso, Texas, was designated nonattainment for CO 
and classified as moderate with a design value below 12.7 parts per 
million (ppm.) (specifically 12.6), under sections 107(d)(4)(A) and 
186(a) of the Clean Air Act (CAA), upon enactment of the Clean Air Act 
Amendments of 1990.1 Please reference 56 FR 56694 (November 6, 
1991), 57 FR 13498, and 13529 (April 16, 1992). The air quality 
planning requirements for moderate CO nonattainment areas with a design 
value less than or equal to 12.7 ppm. are set out in subparts one and 
three of part D, title I of the CAA.
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    \1\The 1990 Amendments to the CAA made significant changes to 
the air quality planning requirements for areas that do not meet (or 
that significantly contribute to ambient air quality in a nearby 
area that does not meet) the CO NAAQS (see Public Law Number 101-
549, 104 Stat. 2399). References herein are to the CAA, as amended, 
42 U.S.C. 7401 et seq.
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    The EPA has issued a ``General Preamble'' describing the EPA's 
preliminary views on how the EPA intends to review SIPs and SIP 
revisions submitted under title I of the CAA, including those State 
submittals containing moderate CO nonattainment area SIP requirements. 
See generally 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 
1992).
    Moderate CO nonattainment areas less than 12.7 ppm., such as El 
Paso, were required to submit SIPs to the EPA by November 15, 1992, 
containing specifically: (1) A comprehensive, accurate, and current 
inventory of actual emissions from all sources of CO in the 
nonattainment area (sections 172(c)(3) and 187(a)(1) of the CAA); (2) 
no later than September 30, 1995, and no later than the end of each 
three year period thereafter, until the area is redesignated to 
attainment, a revised inventory meeting the requirements of sections 
187(a)(1) and 187(a)(5) of the CAA; (3) a permit program to be 
submitted by November 15, 1993, which meets the requirements of section 
173 for the construction and operation of new and modified major 
stationary sources of CO (section 172(c)(5)); (4) contingency measures 
due November 15, 1993, that are to be implemented if the EPA determines 
that the area has failed to attain the primary standards by the 
applicable date (section 172(c)(9)); (5) a commitment to upgrade the 
current I/M program and submit a SIP revision for the I/M program by 
November 15, 1993, (section 187(a)(4)); and (6) an oxygenated fuels 
program (section 211(m)).
    Section 110(k) of the CAA sets out provisions governing the EPA's 
review of SIP submittals (see 57 FR 13565-13566). The EPA announced its 
proposed approval of the El Paso CO emission inventory and the 
oxygenated fuels regulations on April 4, 1994 (58 FR 15683-15686) and 
requested public comments. No comments were received. In this FR 
action, the EPA is approving two of the elements of the complete El 
Paso CO SIP, specifically the 1990 base year CO emissions inventory, 
and the oxygenated fuels program. The remaining elements of the 
complete El Paso CO SIP will be acted upon in separate FR actions.

Response to Comments

    As stated previously, the EPA proposed approval of the El Paso CO 
emission inventory and the oxygenated fuels regulations on April 4, 
1994 (59 FR 15683-15686), and no comments were received regarding the 
proposed approval.

Final Action

    Section 110(k) of the CAA sets out provisions governing the EPA's 
review of SIP submittals (see 57 FR 13565-13566). The EPA in this 
action is approving the following elements of the complete El Paso CO 
SIP: the 1990 base year CO emissions inventory and the oxygenated fuels 
program. These two elements meet all of the applicable requirements of 
the CAA. The remaining elements of the complete El Paso CO SIP that 
were submitted to the EPA by November 15, 1992, or by November 15, 
1993, will be or have been acted upon in separate FR actions.
    On October 23, 1992, the Governor of Texas submitted to the EPA a 
SIP narrative revision for CO concerning El Paso, which included the 
general SIP revision and the oxygenated fuels regulations. The State 
also submitted to the EPA a completed emissions inventory on November 
17, 1992, and a commitment to upgrade the existing
I/M program on November 15, 1992.
    The EPA announced its proposed approval of the El Paso CO emission 
inventory and the oxygenated fuels regulations on April 4, 1994 (59 FR 
15683-15686) and requested public comments. No comments were received. 
In that rulemaking action, the EPA described in detail its 
interpretation of title I and its rationale for proposing to approve 
these elements of the El Paso CO SIP after taking into consideration 
the specific factual issues presented. It is important to note that the 
El Paso CO 1990 base year inventory consists of the following list of 
the CO peak season daily emissions estimates in tons per day (t/d): 
Point Sources, nine t/d; Area Sources, three t/d; Mobile On-Road 
Sources, 291 t/d; Mobile Nonroad Sources, 67 t/d; Total Sources, 370 t/
d.
    This final action on the El Paso CO SIP is unchanged from the April 
4, 1994, proposed approval action. The EPA prepared a detailed analysis 
in its Technical Support Document as a part of its proposed approval 
and which is available for review along with the current FR document at 
the locations referenced in the beginning of this FR document. The 
discussion herein provides only a broad overview of the proposed action 
that the EPA is now finalizing. The public is referred to the April 4, 
1994, proposed approval FR action for a full discussion of the action 
that the EPA is now finalizing.
    Nothing in this action should be construed as permitting, 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, economical, and 
environmental factors, and in relation to relevant statutory and 
regulatory requirements.
    This action makes final the action proposed at 59 FR 15683 (April 
4, 1994). As noted elsewhere in this action, the EPA received no public 
comments on the proposed action. As a direct result, the Regional 
Administrator has reclassified this action from table two to table 
three under the processing procedures established at 54 FR 2214, 
January 19, 1989, and revised via memorandum from the Assistant 
Administrator for Air and Radiation to the Regional Administrators 
dated October 4, 1993.
    The EPA has reviewed these revisions to the El Paso CO SIP and is 
approving the El Paso CO emission inventory and the oxygenated fuels 
regulations in this action. Other elements described above will be or 
have been addressed in separate FR documents.

Miscellaneous

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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 
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 State action. The 
CAA forbids the 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).
    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 14, 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)).

Executive Order 12866

    This action has been classified as a Table Three action by the 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225), as revised by an 
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The Office of Management and 
Budget (OMB) has exempted this action from review under Executive Order 
12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Reporting and recordkeeping requirements.

    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 10, 1994.
W.B. Hathaway,
Acting Regional Administrator.

    40 CFR part 52 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)(84) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (84) A revision to the Texas SIP for the El Paso moderate carbon 
monoxide nonattainment area which has a design value less than 12.7 
parts per million was submitted by the Governor of Texas to meet the 
November 15, 1992, CAA deadline. The elements in this incorporation 
include the general SIP revision and the oxygenated fuels regulations 
submitted to the EPA on October 23, 1992, and the completed emissions 
inventory submitted to the EPA on November 17, 1992.
    (i) Incorporation by reference.
    (A) Addition of a new Section 114.13, ``Oxygenated Fuels'' to the 
Texas Air Control Board (TACB), Regulation IV.
    (B) TACB Board Order Number 92-15, as adopted by the TACB on 
September 18, 1992.
    (C) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for 
Moderate Area--El Paso,'' adopted by the Texas Air Control Board 
September 18, 1992, addressing: 3. 1992 CO SIP Revisions for Moderate 
Area El Paso (new.) e. Attainment Demonstration, pages 9-10; f. 
Oxygenated Fuels 3) Administrative Requirements, page 13, b) Clerical 
Reviews, page 15, c) Field Inspections, page 15; and e) enforcement 
(i)-(iv), pages 17-19.
    (ii) Additional material.
    (A) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for 
Moderate Area--El Paso,'' adopted by the Texas Air Control Board 
September 18, 1992.
    (B) Governor of Texas submittal of November 13, 1992, regarding the 
El Paso CO emissions inventory.
    (C) The TACB certification letter dated October 1, 1992, and signed 
by William R. Campbell, Executive Director, TACB.
* * * * *
[FR Doc. 94-22398 Filed 9-9-94; 8:45 am]
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