[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Rules and Regulations]
[Pages 16806-16808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8040]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TX-10-1-5223a; FRL-5171-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the Texas SIP addressing 
visible emissions. The purpose of approving this revision is to enable 
the visible emissions provisions of Texas Regulation I to become 
federally enforceable.

DATES: This final rule will become effective on June 2, 1995, unless 
adverse or critical comments are received by May 3, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register (FR).

ADDRESSES: Written comments on this action 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 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, P.O. Box 13087, Austin, 
Texas 78711-3087.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather or Mr. Bill Deese, 
Planning Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7214.

SUPPLEMENTARY INFORMATION:

Analysis of State Submissions

A. Procedural Background

    The Clean Air Act (CAA) requires states to observe certain 
procedural requirements in developing implementation plans for 
submission to the EPA. Section 110(a)(2) of the CAA provides that each 
implementation plan submitted by a state must be adopted after 
reasonable notice and public hearing. Section 110(l) of the CAA 
similarly provides that each revision to an implementation plan 
submitted by a state under the CAA must be adopted by such state after 
reasonable notice and public hearing. The EPA also must determine 
whether a submittal is complete and therefore warrants further EPA 
review and action (see section 110(k)(1) of the CAA and 57 FR 13565). 
The EPA's completeness criteria for SIP submittals are set out at 40 
Code of Federal Regulations (CFR) part 51, appendix V. The EPA attempts 
to make completeness determinations within 60 days of receiving a 
submission. However, a submittal is deemed complete by operation of law 
if a completeness determination is not made by the EPA six months after 
receipt of the submission.
    The State of Texas held public hearings on February 1-2, 1989, May 
17, 1990, May 21-22, 1992, and on March 17, 1993, to entertain public 
comment [[Page 16807]] on the proposed revisions to the visible 
emissions provisions in Texas Regulation I. Following the public 
hearings and consideration of hearing comments, the revisions were 
adopted by the State and submitted by the Governor to the EPA by cover 
letters dated August 21, 1989, January 29, 1991, October 15, 1992, and 
August 4, 1993. Each package has been deemed complete in accordance 
with 40 CFR part 51, appendix V.

B. Visible Emissions Requirements in Texas Regulation I

    This action approves the visible emissions requirements of Texas 
Regulation I into the Texas SIP. The provisions of Regulation I being 
approved in this action regarding visible emissions set opacity 
limitations for grandfathered and new stationary vents, gas flares, 
motor vehicles, railroad locomotives, ships, structures and all other 
unspecified sources. Compliance test methods (e.g. test method 9 from 
40 CFR part 60, appendix A) and recordkeeping requirements are also 
specified in the visible emissions provisions, including requirements 
for continuous emissions monitoring systems. In addition, this action 
approves certain requirements that must be met for the approval of 
alternate opacity limitations. For details regarding the visible 
emissions requirements being approved in this action, please refer to 
the Technical Support Document.

Final Action

    This final action approves revisions to Texas Regulation I 
addressing visible emissions. These revisions update the Texas SIP and 
strengthen the provisions of Texas Regulation I. The revisions were 
submitted by the Governor to the EPA by letters dated August 21, 1989, 
January 29, 1991, October 15, 1992 and August 4, 1993.
    The EPA has reviewed these revisions to the Texas SIP and is 
approving them as submitted. 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, this action will be effective June 2, 1995, unless adverse or 
critical comments are received by May 3, 1995.
    If such comments are received, this action will be withdrawn before 
the effective date by publishing a subsequent document 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 June 2, 1995.
    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.

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 (1976); 42 
U.S.C. section 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 June 2, 1995. 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

    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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    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: March 3, 1995.
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.

Subpart SS--Texas

    2. Section 52.2270 is amended by adding paragraph (c)(94) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (94) Revisions to the Texas SIP addressing visible emissions 
requirements were submitted by the Governor of Texas by letters dated 
August 21, 1989, January 29, 1991, October 15, 1992 and August 4, 1993.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsection 
111.111(a)(first paragraph) under ``Visible Emissions;'' Subsections 
111.111(a)(1)(first paragraph), 111.111(a)(1)(A), 111.111(a)(1)(B) and 
111.111(a)(1)(E) under ``Stationary Vents;'' Subsection 
111.111(b)(first paragraph) under ``Compliance Determination 
Exclusions;'' and Subsections 111.113(first paragraph), 111.113(1), 
111.113(2), and 111.113(3) under ``Alternate Opacity Limitations,'' as 
adopted by the TACB on June 16, 1989.
    (B) TACB Board Order No. 89-03, as adopted by the TACB on June 16, 
1989.
    (C) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) under ``Railroad 
[[Page 16808]] Locomotives or Ships;'' Subsections 111.111(a)(5)(A) and 
111.111(a)(5)(B)(i) under ``Structures;'' and Subsections 
111.111(a)(6)(A) and 111.111(a)(6)(B)(i) under ``Other Sources,'' as 
adopted by the TACB on October 12, 1990.
    (D) TACB Board Order No. 90-12, as adopted by the TACB on October 
12, 1990.
    (E) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(1)(C), 111.111(a)(1)(D), 111.111(a)(1)(F)(first paragraph), 
111.111(a)(1)(F)(i), 111.111(a)(1)(F)(ii), 111.111(a)(1)(F)(iii), 
111.111(a)(1)(F)(iv), and 111.111(a)(1)(G) under ``Stationary Vents;'' 
Subsections 111.111(a)(2)(first paragraph), 111.111(a)(2)(A), 
111.111(a)(2)(B), and 111.111(a)(2)(C) under ``Sources Requiring 
Continuous Emissions Monitoring;'' Subsection 111.111(a)(3)(first 
paragraph) under ``Exemptions from Continuous Emissions Monitoring 
Requirements;'' Subsection 111.111(a)(4), ``Gas Flares,'' title only; 
Subsection 111.111(a)(5)(first paragraph) under ``Motor Vehicles;'' 
Subsections 111.111(a)(6)(A), 111.111(a)(6)(B)(first paragraph), 
111.111(a)(6)(B)(i) and 111.111(a)(6)(B)(ii) under ``Railroad 
Locomotives or Ships'' (Important note, the language for 
111.111(a)(6)(A) and 111.111(a)(6)(B)(i) was formerly adopted as 
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) on October 12, 1990); 
Subsections 111.111(a)(7)(A), 111.111(a)(7)(B)(first paragraph), 
111.111(a)(7)(B)(i) and 111.111(a)(7)(B)(ii) under ``Structures'' 
(Important note, the language for 111.111(a)(7)(A) and 
111.111(a)(7)(B)(i) was formerly adopted as 111.111(a)(5)(A) and 
111.111(a)(5)(B)(i) on October 12, 1990); and Subsections 
111.111(a)(8)(A), 111.111(a)(8)(B)(first paragraph), 
111.111(a)(8)(B)(i) and 111.111(a)(8)(B)(ii) under ``Other Sources'' 
(Important note, the language for 111.111(a)(8)(A) and 
111.111(a)(8)(B)(i) was formerly adopted as 111.111(a)(6)(A) and 
111.111(a)(6)(B)(i) on October 12, 1990), as adopted by the TACB on 
September 18, 1992.
    (F) TACB Board Order No. 92-19, as adopted by the TACB on September 
18, 1992.
    (G) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(4)(A)(first paragraph), 111.111(a)(4)(A)(i), 
111.111(a)(4)(A)(ii), and 111.111(a)(4)(B) under ``Gas Flares,'' as 
adopted by the TACB on June 18, 1993.
    (H) TACB Board Order No. 93-06, as adopted by the TACB on June 18, 
1993.
    (ii) Additional material.
    (A) TACB certification letter dated July 27, 1989, and signed by 
Allen Eli Bell, Executive Director, TACB.
    (B) TACB certification letter dated January 9, 1991, and signed by 
Steve Spaw, Executive Director, TACB.
    (C) TACB certification letter dated October 1, 1992, and signed by 
William Campbell, Executive Director, TACB.
    (D) TACB certification letter dated July 13, 1993, and signed by 
William Campbell, Executive Director, TACB.

[FR Doc. 95-8040 Filed 3-31-95; 8:45 am]
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