[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30872]
[[Page Unknown]]
[Federal Register: December 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-49-1-6678; FRL-5122-8]
Approval and Promulgation of Temporary Section 182(f) Exemption
to the Nitrogen Oxides (NOX) Control Requirements for the Houston
and Beaumont Ozone Nonattainment Areas; TX
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rulemaking.
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SUMMARY: The EPA proposes to approve a petition from the State of Texas
requesting that the Houston and Beaumont ozone nonattainment areas be
temporarily exempted from NOX control requirements of section
182(f) of the Clean Air Act (CAA) as amended in 1990. The State of
Texas bases its request upon preliminary photochemical grid modeling
which shows that reductions in NOX would be detrimental to
attaining the National Ambient Air Quality Standards (NAAQS) for ozone
in these areas. This temporary exemption is being requested under
section 182(f) of the CAA.
DATES: Comments on this proposed action must be received in writing on
or before February 13, 1995.
ADDRESSES: Written comments on this action should be addressed to Mr.
Guy Donaldson, Acting Chief, Planning Section, at the EPA Regional
Office listed below. Copies of the documents relevant to this proposed
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.
Texas Natural Resource Conservation Commission (TNRCC), P.O. Box 13087,
Austin, Texas 78711-3087.
FOR FURTHER INFORMATION CONTACT: Ms. Leila Yim Surratt or Mr. Quang
Nguyen, Planning Section (6T-AP), Air Programs Branch, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7214.
SUPPLEMENTARY INFORMATION:
I. Background
NOX are precursors to ground level (tropospheric) ozone, or
urban ``smog.'' When released into the atmosphere, NOX will react
with volatile organic compounds (VOC) in the presence of sunlight to
form ozone. Tropospheric ozone is an important contributor to the
nation's urban air pollution problem.
The 1990 Clean Air Act Amendments (CAAA) made significant changes
to the air quality planning requirements for areas that do not meet the
ozone NAAQS. Subparts 1 and 2 of part D, title I of the CAA as amended
in 1990 contain the air quality planning requirements for ozone
nonattainment areas. Title I includes new requirements to control
NOX emissions in certain ozone nonattainment areas and ozone
transport regions. Section 182(f) requires States to apply the same
requirements to major stationary sources of NOX as are applied to
major stationary sources of VOC. The new NOX requirements are
reasonably available control technology (RACT) and new source review
(NSR). These provisions are explained more fully in the EPA's NOX
Supplement to the General Preamble published in the Federal Register
(FR) on November 25, 1992 (see 57 FR 55620). In addition, the general
and transportation conformity rules (conformity) required by section
176(c) contain new NOX control requirements (see 58 FR 63214 and
58 FR 62188), and the vehicle inspection and maintenance (I/M) rules
required by section 182(c)(3) also contain new NOX requirements
(see 57 FR 52989).
Houston, Texas was designated nonattainment for ozone and
classified as severe pursuant to sections 107(d)(4) and 181(a) of the
CAA, and has an attainment deadline of 2007. The Houston nonattainment
area includes the cities of Houston and Galveston, and consists of the
following eight counties: Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery and Waller. Beaumont, Texas was classified
as a serious nonattainment area and has an attainment deadline of 1999.
The Beaumont nonattainment area includes the cities of Beaumont and
Port Arthur, and consists of the following three counties: Hardin,
Jefferson, and Orange. Please reference 56 FR 56694 (November 6, 1991,
codified for Texas at title 40 of the Code of Federal Regulations in
Sec. 81.344).
II. Applicable EPA Guidance
The CAA specifies in section 182(f) that if one of the conditions
listed below is met, the new NOX requirements would not apply:
1. In any area, the net air quality benefits are greater without
NOX reductions from the sources concerned;
2. In a nontransport region, additional NOX reductions would
not contribute to ozone attainment in the nonattainment area; or
3. In a transport region, additional NOX reductions would not
produce net ozone benefits in the transport region.
In addition, section 182(f)(2) states that the application of the
new NOX requirements may be limited to the extent that any portion
of those reductions are demonstrated to result in ``excess reductions''
of NOX. The NOX requirements of the conformity rules would
also not apply in an area that is granted a section 182(f) exemption
(see 58 FR 62188, 58 FR 63214, and 59 FR 31238). In addition, certain
NOX provisions of the I/M requirements would not apply in an area
that is granted a section 182(f) exemption (57 FR 52989).
The EPA's Guideline for Determining the Applicability of Nitrogen
Oxides Requirements under Section 182(f) (December 1993) describes how
the EPA intends to interpret the NOX exemption provisions of
section 182(f). In addition, a memorandum signed by John S. Seitz,
Director of the EPA Office of Air Quality Planning and Standards, dated
May 27, 1994, describes certain revisions to the process the EPA
currently intends to follow for granting exemptions from NOX
control requirements.
As described more fully in the Seitz memorandum, petitions
submitted under section 182(f)(3) are not required to be submitted as
State Implementation Plan (SIP) revisions. Consequently, the State is
not required under the CAA to hold a public hearing in order to
petition for an areawide NOX exemption determination. Similarly,
it is not necessary to have the Governor submit the petition.
III. State Submittal
On August 17, 1994, the TNRCC submitted to the EPA a petition
pursuant to section 182(f) which requests that the Houston and Beaumont
nonattainment areas be temporarily exempted by the EPA from the
NOX control requirements of section 182(f) of the CAA. The State
bases its petition on test (2) listed above, through the use of an
Urban Airshed Modeling (UAM) demonstration showing that NOX
reductions would not contribute to attainment in either area because
the decrease in ozone concentrations resulting from VOC reductions
alone is equal to or greater than the decrease obtained from NOX
reductions or a combination of VOC and NOX reductions.
The State's initial petition included: (1) A letter from John Hall,
Chairman of the TNRCC, to Jane N. Saginaw, Regional Administrator of
the EPA Region 6, transmitting the NOX exemption petition; and (2)
a summary of the State's UAM modeling results. The State of Texas
supplemented its initial submission on August 31, 1994, and September
9, 1994, by forwarding to the EPA four technical reports on the
modeling demonstration, which contained the following: base case model
inputs, base case performance evaluation, 1999 emissions report, and
1999 progress towards attainment modeling report. These additional
technical reports provided supplemental detail and documentation on the
modeling information already provided to the EPA in the State's initial
submission.
As described in the State's petition, the TNRCC plans to complete
additional UAM modeling between November 1995 and May 1996 using the
results of an intensive 1993 field study, the Coastal Oxidant
Assessment for Southeast Texas (COAST). The data collected through the
COAST study consist of hourly point source emissions, gridded typical
summer day on-road mobile source emissions, hourly air quality data,
and detailed meteorological data for specific ozone exceedance episodes
in the Houston-Beaumont domain. Because it is the most comprehensive
data set available, it should result in greater accuracy in the
modeling and therefore in the attainment control strategy. Since the
modeling is expected to be completed by May 1996, the TNRCC is
requesting only a temporary NOX exemption until May 31, 1997.
The TNRCC had previously adopted and submitted to the EPA complete
NOX RACT rules for the Houston and Beaumont areas. The NOX
RACT rules were adopted by the State on May 11, 1993, with additional
revisions adopted on August 30, 1993, May 25, 1994, and August 31,
1994. The TNRCC has also adopted and submitted to the EPA NOX NSR
and I/M rules. The State has recently adopted its conformity
regulations, and submitted them to the EPA in November 1994. The EPA
intends to act on these SIP revisions in separate rulemaking actions.
Once the results of the supplementary UAM modeling based on the
COAST data set are available, the State will re-evaluate whether
NOX reductions achieved through implementation of NOX RACT
will or will not contribute to attainment of the ozone standard in the
Houston and Beaumont areas. The EPA intends to defer action on the
State's NOX RACT rules until this re-evaluation is completed. If
the COAST modeling results continue to indicate that NOX RACT
reductions would not contribute or are detrimental to attainment of the
ozone standard in each of these areas, then the State would submit to
the EPA a section 182(f) petition requesting a permanent NOX
exemption, and would initiate rulemaking to rescind the NOX RACT
rules pending at EPA; however, if the modeling shows that NOX
reductions would contribute to attainment of the ozone standard in each
of these areas, the EPA would initiate rulemaking on the State's
NOX RACT rules which have been submitted to the EPA.
Because the State of Texas has decided, prompted by the initial
modeling results, to request that the EPA act at this time on the
NOX exemption petition rather than the previously submitted
NOX RACT rules, certain circumstances regarding the timing of
requirements under the CAA are necessarily affected. Section 182(b)(2)
of the CAA requires affected sources to implement the RACT measures
contained in applicable State rules by May 31, 1995. While Texas has
adopted NOX RACT rules, as noted previously, the EPA rulemaking to
approve those rules has been superseded by the NOX exemption
submission, proposing to temporarily exempt Texas from the requirement
to impose NOX RACT in the Houston and Beaumont nonattainment
areas. Based on the schedule for completion of the COAST study, from
which it will be determined whether NOX RACT reductions are needed
for these areas to attain, any action that will ultimately result in
sources being subject to NOX RACT rules will necessarily occur
only after the statutorily-prescribed deadline has passed. Since, as a
practical matter, it will be impossible for sources in these areas to
meet a deadline that has passed, the EPA believes it would have the
discretion in that event to establish a new, reasonable deadline by
which such sources must comply.
It is the EPA's determination, after consultation with the TNRCC,
that requiring subject sources to implement NOX control measures
as expeditiously as practicable but no later than May 31, 1997, is
appropriate for several reasons. First, through the State's NOX
RACT rule adoption process, affected sources have been made aware of
the requirement to implement NOX RACT, and in fact, the latest
revision to those rules specifically included the May 31, 1997,
compliance date. Moreover, the fact that the State has petitioned the
EPA for only a temporary NOX waiver has generally been made clear
to the public and affected sources. Finally, through this notice
setting forth how the EPA and the State of Texas intend to proceed with
regard to finalizing and applying the submitted NOX RACT rules in
the event a need for such reductions is established, sources have again
been made aware of the potential necessity (and the deadline that would
be applicable) to install and implement NOX RACT. Since the
information regarding whether NOX RACT will ultimately be required
is scheduled to become available by May 1996, sources will effectively
be provided with a year to implement the NOX RACT controls.
IV. Analysis of State Submittal
The following items are the basis for the EPA's action proposing to
approve the State of Texas' section 182(f) NOX petition for a
temporary NOX exemption for the Houston and Beaumont ozone
nonattainment areas. Please refer to the EPA's Technical Support
Document and the State's submittal for more detailed information.
Chapter 4 of the EPA's December 1993 section 182(f) guidance states
that photochemical grid modeling may be used to simulate conditions
resulting from three emission reduction scenarios: (1) substantial VOC
reductions; (2) substantial NOX reductions; and (3) both VOC and
NOX reductions. To demonstrate that NOX reductions are not
beneficial to attainment, the areawide predicted maximum 1-hour ozone
concentration for each day modeled under scenario (1) must be less than
or equal to that from scenarios (2) and (3) for the same day. Chapter 7
specifies that application of UAM should be consistent with the
techniques specified in the EPA ``Guideline on Air Quality Models
(Revised),'' and ``Guideline for Regulatory Application of the UAM,''
(July 1991). As discussed below, the State has met these conditions by
using the UAM consistent with the EPA's guidance.
A. Photochemical Grid Model
The TNRCC used UAM version IV, an EPA-approved photochemical grid
model, to develop the modeling demonstration for the Houston and
Beaumont areas. The State's modeling activities were performed as
outlined in the UAM modeling protocols, according to the EPA's
``Guideline for Regulatory Application of the Urban Airshed Model.'' A
specific modeling protocol was developed by the State for its modeling
activities. The State's modeling protocol was reviewed and approved by
the EPA. The discussion below summarizes the EPA's analysis on how the
State's modeling demonstrations complied with the EPA's guidance.
Please refer to the EPA's Technical Support Document for more detailed
information.
B. Episode Selection
The Houston and Beaumont areas are situated in the Upper Texas
Coastal Region which has a unique land-sea breeze regime in which
morning land breezes typically transition into afternoon sea breezes.
The EPA recommended method did not adequately address the source-
receptor relationships associated with the land-sea breeze regime in
the coastal area. Therefore, consistent with the intent of the EPA
guidance, Texas used a slightly modified approach to select episodes.
The TNRCC considered both morning and afternoon winds, and
meteorological regimes identified in a fashion similar to the EPA-
suggested procedure to account for the presence of the coastal land and
sea breezes. Data from 1987 through 1991 were examined for episodes
which cover at least 48 consecutive hours and the worst-case
meteorological conditions. Consistent with EPA guidance, three episodes
were selected for the UAM analysis.
C. Model Domain and Meteorological Input
The TNRCC selected a large modeling domain to ensure that the
movement of ozone and ozone precursors emitted from the surface sources
are well represented during the modeled episodes. In addition, since
Houston and Beaumont are adjacent to each other, the State combined
both areas into one modeling domain to avoid having overlapping wind
fields. This assisted the State in properly utilizing the prognostic
model, which requires the use of a large domain to capture all the
important horizontal and vertical circulation patterns. This domain
encompasses all emission sources and all surface meteorological/air
quality monitors in both areas.
Meteorological data was collected from numerous monitoring stations
in both areas. The TNRCC followed the methods described in the UAM
User's Guides to develop model inputs for wind field data, mixing
heights, temperature, and meteorological scalars for both areas. To
estimate the different boundary conditions and the initial conditions,
the TNRCC used several methods including monitored air quality data,
EPA-recommended background concentration levels, and Regional Oxidant
Model values.
D. Emissions Inventory
The Houston and Beaumont modeling exercises were conducted using
VOC and NOX emission inventories compiled by survey and direct
measurement by the TNRCC. The modeling emissions inventories are
composed of point source, area, on-road mobile, off-road mobile, and
biogenic emissions. The EPA procedures for developing episode-specific
emission inventories were followed.
The TNRCC developed the modeling inventories for the base case
model runs for all three episodes from the EPA-approved 1990 base year
SIP emission inventories for both areas. These inventories were used to
evaluate the model's performance for each episode.
For the section 182(f) demonstration, the EPA's guidance explains
that in general, the purpose of the section 182(f) requirements for
NOX is related to attainment of the ozone standard, which suggests
that an analysis is needed that is focussed on the time that attainment
of that standard is required. Therefore, the analysis should, at a
minimum, reflect conditions expected at the time the area is required
to attain the ozone standard.
The Beaumont area has an attainment deadline of 1999 and the
Houston area has an attainment deadline of 2007. Because the two areas
have different attainment deadlines, and because, for reasons explained
above, the TNRCC modeled both areas as one modeling domain, the State
conducted two section 182(f) analyses. First, the State modeled
generalized emissions inventory conditions that would be expected to
occur in the attainment year for Houston, by estimating 50 percent
reductions in VOC, in NOX, and in both, from the 1990 base year
emissions inventory.
Second, the State conducted a section 182(f) analysis using an
emissions inventory that reflects the conditions from 1996-1999. A
projected 1999 inventory was developed from the 1990 base year emission
inventory and adjusted to reflect conditions in 1999. Demographic and
econometric forecasting methods were employed to project activity
levels to the summer of 1999, which were in turn used to develop a
projected emissions inventory for 1999. The TNRCC then applied the VOC
emission reductions that will be achieved by implementation of controls
through 1996 from the 15 percent Reasonable Further Progress (RFP) SIP.
The TNRCC did not include any emission reductions that are required to
be implemented from 1996 through 1999 as part of the three percent per
year RFP requirements. In addition, the 1999 modeling inventory does
not incorporate any NOX emission reductions that would have been
achieved through implementation of NOX RACT, NSR, or
transportation conformity provisions.
The EPA believes that the two inventories used by the State for the
section 182(f) demonstration adequately simulate the conditions that
would be expected at the time the Beaumont area is required to attain
and at the time the Houston area is required to attain.
E. Model Performance
In the Houston and Beaumont model performance evaluation, both
graphical and statistical performance measures were implemented for all
meteorological episodes and monitoring networks. A sensitivity analysis
was also conducted. In the Houston and Beaumont base case simulations,
the model performed adequately for the May 16-19, 1988, and July 27-
August 1, 1990, episodes, but did not have satisfactory performance for
the October 10-15, 1991, episode which was therefore dropped from
further analysis.
The EPA's UAM guidance recommends that a minimum of three days from
among all meteorological regimes should be modeled (e.g., three
meteorological regimes each containing one primary episode day, or two
meteorological regimes with at least two primary days from one of those
regimes). The TNRCC's analyses are consistent with the EPA's guidance
in that the two episodes that exhibited satisfactory performance cover
more than three days of ozone exceedances and represent several of the
predominant meteorological regimes for ozone exceedances in the Gulf
Coast.
F. Section 182(f) Demonstration
Under the EPA's section 182(f) guidance, the State should model
three emission reduction scenarios to evaluate the benefits of NOX
reductions: (1) substantial VOC reductions; (2) substantial NOX
reductions; and (3) both VOC and NOX reductions.
The TNRCC first modeled the above across the board reduction
scenarios using the 1990 base year emissions inventory. The TNRCC
conducted three levels of emission reduction analyses: (1) 50 percent
VOC reductions, 50 percent NOX reductions, and 50 percent
reduction of both, (2) 35 percent VOC reduction, 20 percent NOX
reduction, and a mixed reduction of 25 percent VOC and 10 percent
NOX, and (3) 25 percent VOC reduction, 10 percent NOX
reduction, and a mixed reduction of 20 percent VOC and 5 percent
NOX.
As explained in the EPA's 182(f) guidance, the EPA believes it is
appropriate to focus this analysis on the areawide maximum 1-hour
predicted ozone concentration, since this value is critical to the
attainment demonstration. For the two episodes with adequate
performance, i.e., the May 1988 and July 1990 episodes, in all the
emission reduction scenarios conducted above, the controlling day shows
that the domain-wide predicted maximum ozone concentration is lowest
when only VOC reductions are modeled.
The TNRCC conducted a second analysis on the episode that exhibited
the best performance, i.e., the July 1990 episode. The TNRCC ran the
above across-the-board emission reduction scenarios with the July 1990
episode, using the projected 1999 inventory which incorporates VOC
control measures through 1996 (i.e., from the 15 percent RFP SIP). The
results of these scenarios show that for the controlling day, the
domain-wide predicted maximum ozone concentrations are lowest when only
VOC reductions are modeled. The State limited this second analysis to
the July 1990 episode because it exhibited significantly better
performance than the May 1988 episode. Furthermore, the maximum domain-
wide ozone concentration was larger in the July 1990 episode than in
May 1988. Thus, the level of controls necessary to reach attainment
with the July 1990 episode would likely be larger than for the May 1988
episode.
G. Evaluation Summary
The EPA believes that the TNRCC's modeling demonstration for the
Houston and Beaumont ozone nonattainment areas supports the State's
petition for a temporary exemption from the NOX requirements of
section 182(f) of the CAA. The State has followed the EPA's guidance on
the application of the UAM appropriately, and has demonstrated that
NOX reductions would not contribute to attainment.
Because the State's petition clearly indicates that the attainment
modeling should be completed between November 1995 and May 1996 (which
will determine whether a VOC, NOX, or combination thereof,
strategy is most beneficial for attainment), the EPA believes that the
petition supports granting the State's request for a temporary
exemption only until the end of 1996. The EPA believes that allowing
the temporary exemption only until this time is needed to provide
adequate insurance that if the subsequent COAST attainment modeling
indicates that NOX reductions would be effective in reducing
ozone, the NOX control requirements of section 182(f) would be
implemented without undue delay.
Through the granting of a temporary NOX exemption, in addition
to NOX RACT, the NOX NSR, conformity, and certain portions of
the I/M requirements of the CAA would no longer be applicable for the
Houston and Beaumont areas. If the State does not receive a permanent
exemption, then the NOX RACT, NSR, conformity, and I/M
requirements of the CAA would become applicable again upon the
expiration of the temporary exemption. As explained previously for
RACT, if the NOX requirements re-apply, then the EPA must
establish new compliance deadlines for those requirements.
If the State has not received a permanent exemption prior to the
expiration of the temporary exemption, based on the compliance deadline
in the previously submitted NOX RACT rules, the EPA would expect
affected sources in the State to implement NOX RACT controls as
expeditiously as practicable but no later than May 31, 1997. Finally,
the TNRCC's petition states that the COAST attainment modeling will be
completed between November 1995 and May 1996. Therefore, by May 1996,
the State will be able to determine whether NOX reductions will
contribute to attainment and thus whether the NOX RACT rules will
need to be implemented in the Houston and Beaumont areas. The EPA
therefore believes that affected sources will have adequate prior
notice to meet the NOX RACT compliance deadline indicated above in
the event that a permanent exemption is not granted. The NOX NSR,
conformity, and I/M provisions would become applicable immediately upon
the expiration of the temporary exemption.
V. Proposed Rulemaking Action
In this action, the EPA proposes to approve the section 182(f)
petition submitted by the State of Texas requesting a temporary
NOX exemption for the Houston and Beaumont ozone nonattainment
areas. The temporary exemption, if granted, would expire on December
31, 1996, without further notice from the EPA.
The State had previously adopted and submitted to the EPA complete
NOX RACT and NSR rules, and recently submitted conformity rules to
the EPA. During the temporary exemption period, the EPA will not act
upon the State's NOX RACT rules. The EPA plans to act upon the
State's NOX NSR and conformity provisions in separate rulemaking
actions because those provisions are contained in broader rules that
also control VOC emissions.
Upon the expiration of the temporary exemption on December 31,
1996, the State is required to either, (1) have received a permanent
NOX exemption from the EPA prior to that time, or (2) begin
implementing the State's NOX RACT, NSR, conformity and I/M
requirements, with NOX RACT compliance required as expeditiously
as practicable but no later than May 31, 1997. The EPA will begin
rulemaking action on the State's NOX RACT SIP upon the expiration
of the temporary exemption if the State has not received a permanent
NOX exemption by that time.
Request for Public Comments
The EPA requests comments on all aspects of this proposal. The EPA
has received an advance request from an environmental group to extend
the comment period from the normal 30-day period to a 60-day period
because of the complex technical issues involved in the petition. The
EPA is granting the group's request for a 60-day comment period.
Therefore, as indicated at the outset of this action, the EPA will
consider any comments received by February 13, 1995.
Regulatory Process
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 economic 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.
Approvals of NOX exemption petitions under section 182(f) of
the CAA do not create any new requirements. Therefore, because the
Federal approval of the petition does not impose any new requirements,
the EPA certifies that it does not have a significant impact on
affected small entities. 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)).
Executive Order 12866
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)), the
EPA must determine whether the regulatory action is ``significant'',
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. It has been determined
that this rule is not a ``significant regulatory action'' under the
terms of Executive Order 12866, and is therefore not subject to OMB
review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic
compounds.
Dated: December 9, 1994.
Carol M. Browner,
Administrator.
40 CFR part 52 is proposed to be amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart SS--Texas
2. Section 52.2308 is proposed to be amended by reserving paragraph
(c) and adding paragraph (d) to read as follows:
Sec. 52.2308 Area-wide nitrogen oxides (NOX) exemptions.
* * * * *
(c) [Reserved]
(d) The TNRCC submitted to the EPA on August 17, 1994, with
supplemental information submitted on August 31, 1994, and September 9,
1994, a petition requesting that the Houston and Beaumont ozone
nonattainment areas be temporarily exempted from the NOX control
requirements of section 182(f) of the CAA. The Houston nonattainment
area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris,
Liberty, Montgomery, and Waller counties. The Beaumont nonattainment
area consists of Hardin, Jefferson, and Orange counties. The exemption
request was based on photochemical grid modeling which shows that
reductions in NOX would be detrimental to attaining the ozone
NAAQS. On (insert date), the EPA approved the State's request for a
temporary exemption. The temporary exemption automatically expires on
December 31 1996, without further notice from the EPA. Upon the
expiration of the temporary exemption, the State is required to either,
(1) have received a permanent NOX exemption from the EPA prior to
that time, or (2) begin implementing the State's NOX requirements,
with NOX Reasonably Available Control Technology compliance
required as expeditiously as practicable but no later than May 31,
1997.
[FR Doc. 94-30872 Filed 12-14-94; 8:45 am]
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