[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24423]


[[Page Unknown]]

[Federal Register: October 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TX-41-01-6273a; FRL-5075-8]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revision to the State Implementation Plan (SIP) Addressing Ozone 
Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to Texas' SIP for ozone. This 
action is based upon a revision request which was submitted by the 
State to satisfy the requirements of the Clean Air Act (Act), as 
amended November 15, 1990, and the Photochemical Assessment Monitoring 
Stations (PAMS) regulations. The PAMS regulation requires the State to 
provide for the establishment and maintenance of an enhanced ambient 
air quality monitoring network in the form of PAMS by November 12, 
1993.
DATES: This final rule is effective December 5, 1994 unless adverse 
comments are received by November 3, 1994. If the effective date is 
delayed, timely notice will be published in the Federal Register (FR).

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Planning Section, at the EPA Regional Office listed below. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons who want 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, TX 75202-2733.
    The Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
    Texas Natural Resource Conservation Commission (TNRCC), Air Quality 
Planning Annex, 12118 North IH-35, Park 35 Technology Center, Building 
A, Austin, TX 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:

I. Summary of State Submittal

    On November 15, 1993, the TNRCC submitted to the EPA a SIP 
revision, incorporating PAMS into the ambient air quality monitoring 
network of State or Local Air Monitoring Stations (SLAMS) and National 
Air Monitoring Stations (NAMS). The State will establish and maintain 
PAMS as part of its overall ambient air quality monitoring network.
    Section 182(c)(1) of the Act and the General Preamble (57 FR 13515) 
require that the EPA promulgate rules for enhanced monitoring of ozone, 
oxides of nitrogen (NOX), and volatile organic compounds (VOC) no later 
than 18 months after the date of the enactment of the Act. In addition, 
the Act requires that, following the promulgation of the rules relating 
to enhanced ambient monitoring, the State must commence actions to 
adopt and implement a program based on these rules, to improve 
monitoring for ambient concentrations of ozone, NOX, and VOC and to 
improve monitoring of emissions of NOX and VOC.
    The final PAMS rule was promulgated by the EPA on February 12, 1993 
(58 FR 8452). Section 58.40(a) of the revised rule requires the State 
to submit a PAMS network description, including a schedule for 
implementation, to the Administrator within six months after 
promulgation or by August 12, 1993. Further, Sec. 58.20(f) requires the 
State to provide for the establishment and maintenance of a PAMS 
network within nine months after promulgation of the final rule or by 
November 12, 1993.
    On August 23, 1994, the TNRCC submitted a PAMS network description 
for the State of Texas, including a schedule for implementation. This 
submittal is currently being reviewed by the EPA and is intended to 
satisfy the requirements of 40 CFR 58.40(a). Since network descriptions 
may change annually, they are not part of the SIP as recommended by the 
Guideline for the Implementation of the Ambient Air Monitoring 
Regulations 40 CFR part 58. However, the network description is 
negotiated and approved during an annual review as required by 40 CFR 
58.25 and 58.36, respectively, and the revision to be codified at 40 
CFR 58.46.
    The TNRCC approved the proposed revision to the Texas ozone SIP on 
November 10, 1993. On November 15, 1993, the TNRCC submitted the SIP 
revision to the EPA. This submittal was included with the State's 15% 
Rate of Progress SIP; however, in this action, the EPA is only acting 
on and approving the PAMS section of the SIP, and this section will be 
referred to as the PAMS SIP revision. The EPA will address the 
remainder of the 15% Plan in later FR documents.
    The EPA sent the Governor of Texas a letter on January 14, 1994, 
finding the submittal administratively complete.
    Texas PAMS SIP revision is intended to meet the requirements of 
section 182(c)(1) of the Act and affect compliance with the PAMS 
regulations, to be codified at 40 CFR part 58, as promulgated on 
February 12, 1993.
    The TNRCC held public hearings on the PAMS SIP revision on August 
23-26, 1993, and no comments were received either during the public 
hearings or public comment period with the exception of the comment by 
the EPA as referenced below relating to the need for public access to a 
description of the monitoring network and the implementation schedule.

II. Analysis of State Submittal

    The Texas PAMS SIP revision will provide Texas with the authority 
to establish and operate the PAMS sites, secure State funds for PAMS 
and provide the EPA with the authority to enforce the implementation of 
PAMS, since their implementation is required by the Act.
    The criteria used to review the proposed SIP revision are derived 
from the PAMS regulations, to be codified at 40 CFR part 58, the 
Guideline for the Implementation of the Ambient Air Monitoring 
Regulations 40 CFR part 58 (EPA-450/4-78-038, Office of Air Quality 
Planning and Standards, November 1979), the September 2, 1993, 
memorandum from G. T. Helms entitled Final Boilerplate Language for the 
PAMS SIP Submittal (Helms boilerplate memorandum), the Act and the 
General Preamble.
    The September 2, 1993, Helms boilerplate memorandum stipulates that 
the PAMS SIP, at a minimum, must: enable the monitoring of criteria 
pollutants, such as ozone and Nitrogen Dioxide and non-criteria 
pollutants, such as NOX, Nitric Oxide, speciated VOC, including 
carbonyls, as well as meteorological parameters; provide a copy of the 
approved (or proposed) PAMS network description, including the phase-in 
schedule, for public inspection during the public notice and/or comment 
period provided for in the SIP revision or, alternatively, provide 
information to the public upon request concerning the State's plans for 
implementing the rules; make reference to the fact that PAMS will 
become a part of the State or local air monitoring stations (SLAMS) 
network; and provide a statement that SLAMS will employ Federal 
reference (FRM) or equivalent methods while most PAMS sampling will be 
conducted using methods approved by the EPA which are not FRM or 
equivalent.
    The Texas PAMS SIP revision provides that the State will implement 
PAMS as required in 40 CFR part 58, as amended February 12, 1993. The 
State will amend its SLAMS and its National Air Monitoring Stations 
(NAMS) monitoring systems to include the PAMS requirements. It will 
develop its PAMS network design and establish monitoring sites pursuant 
to 40 CFR part 58 in accordance with an approved network description 
and as negotiated with the EPA through the 105 grant process on an 
annual basis. The State has begun implementing its PAMS network as 
required in 40 CFR part 58.
    The Texas PAMS SIP revision also includes a provision to meet 
quality assurance requirements as contained in 40 CFR part 58, appendix 
A. The State also assures that the State's PAMS monitors will meet 
monitoring methodology requirements contained in 40 CFR part 58, 
appendix C. Lastly, the State assures that the Texas PAMS network will 
be phased in over a period of five years as required in Sec. 58.44. The 
State's PAMS SIP submittal and the EPA's technical support document are 
available for viewing at the EPA Region 6 Office and the TNRCC Austin 
Office as outlined under the ``Addresses'' section of this FR document.
    The State revised its PAMS SIP to include Region 6's comment on the 
draft SIP that the description of the monitoring network and 
implementation schedule should be made available to the public. The 
final PAMS SIP for which the public hearing was held included a 
statement that the network description and implementation schedule will 
be on file for public inspection.

III. Rulemaking Action

    In this action, the EPA is approving the revision to the Texas 
ozone SIP for PAMS. 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 
the FR publication, the EPA is proposing to approve the SIP revision 
should adverse comments be received. Thus, the action will be effective 
December 5, 1994 unless, by November 3, 1994, adverse or critical 
comments are received.
    If such comments are received, this action will be withdrawn before 
the effective date by publishing a subsequent document which will 
withdraw the final action. All public comments 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 comments are received, the public is advised 
that this action will be effective on December 5, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the Clean Air Act 
Amendments. The EPA has determined that this action conforms with those 
requirements.
    Nothing in this action should be construed as permitting, allowing, 
or establishing a precedent for any future request for revision to any 
SIP. The EPA shall consider each request for revision to the SIP 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. 600et 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 
Act 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 Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act 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 Act, petitions for judicial review 
of this action must be filed in the U.S. Court of Appeals for the 
appropriate circuit by December 5, 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)).
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the FR on January 19, 
1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum 
from Michael H. Shapiro, Acting Assistant Administrator for Office of 
Air and Radiation. The Office of Management and Budget has exempted 
this action from review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic 
compounds.

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

    Dated: September 13, 1994.
Jane N. Saginaw,
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.

    2. Section 52.2270 is amended by adding paragraph (c)(90) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (90) A revision to the Texas SIP regarding ozone monitoring. The 
State of Texas will modify its SLAMS and its NAMS monitoring systems to 
include a PAMS network design and establish monitoring sites. The 
State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) TNRCC Order Number 93-24 as adopted by the TNRCC November 10, 
1993.
    (B) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for the Control of Ozone Air Pollution'' 
adopted by the TNRCC on November 10, 1993, addressing: 1993 Rate-of-
Progress SIP for Dallas/Fort Worth, El Paso, Beaumont/Port Arthur and 
Houston/Galveston Ozone Nonattainment Areas, Section VI: Control 
Strategy, B. Ozone Control Strategy, 7. SIP Revisions for 1993 Rate-of-
Progress (new.), a. Ozone Control Plan, 1) General, f) Photochemical 
Assessment Monitoring Stations, page 87, second paragraph, first 
sentence; third paragraph; fourth paragraph; and, the fifth paragraph 
which ends on page 88; page 88, first complete paragraph, including 
numbers (1), (2) and (3).
    (ii) Additional material.
    (A) The Texas SIP revision narrative regarding PAMS.
    (B) TNRCC certification letter dated November 10, 1993, and signed 
by Gloria A. Vasquez, Chief Clerk, TNRCC.
[FR Doc. 94-24423 Filed 10-3-94; 8:45 am]
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