[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Rules and Regulations]
[Pages 7071-7072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3580]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX76-1-7378; FRL-5966-2]


Expiration of Extension of Temporary Section 182(f) and Section 
182(b) Exemption From the Nitrogen Oxides (NOX) Control 
Requirements for the Houston/Galveston and Beaumont/Port Arthur Ozone 
Nonattainment Areas; Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Expiration of temporary exemption.

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SUMMARY: In this action, EPA is informing the public that the extension 
of the temporary exemption from the NOX control requirements 
of sections 182(f) and 182(b) of the Clean Air Act (the Act) for the 
Houston/Galveston (HGA) and Beaumont/Port Arthur (BPA) ozone 
nonattainment areas expired December 31, 1997. The State of Texas 
decided not to petition for a further exemption on November 24, 1997. 
The State must now begin expeditious implementation of NOX 
Reasonably Available Control Technology (RACT), New Source Review 
(NSR), Vehicle Inspection/Maintenance (I/M), and conformity 
requirements.

DATES: Effective February 12, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Air 
Planning Section (6PD-L), Multimedia Planning and Permitting Division, 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
1200, Dallas, Texas 75202. The telephone number is 214-665-7237.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 17, 1994, the Texas Natural Resource Conservation 
Commission (TNRCC) submitted to EPA a petition pursuant to section 
182(f) which requested that the HGA and BPA nonattainment areas be 
temporarily exempted by EPA from the NOX control 
requirements of section 182(f) of the Act. The State based its petition 
on the use of an Urban Airshed Modeling (UAM) demonstration showing, 
pursuant to EPA guidelines, that NOX reductions would not 
contribute to attainment in either area because the decrease in ozone 
concentrations resulting from Volatile Organic Compounds (VOC) 
reductions alone is equal to or greater than the decrease obtained from 
NOX reductions or a combination of VOC and NOX 
reductions. The petition for the temporary exemption was approved by 
EPA and published at 60 FR 19515 (April 19, 1995). For a more detailed 
discussion of the basis of EPA's approval of this temporary exemption, 
the reader is referred to this notice.
    On March 6, 1996, the State of Texas submitted a petition to EPA 
which requested that the HGA and BPA nonattainment areas be granted an 
extension to the temporary exemption from December 31, 1996, to 
December 31, 1997. The State based its petition on needing additional 
time to complete further UAM modeling using data from the Coastal 
Oxidant Assessment for Southeast Texas (COAST) study.
    Also submitted with the petition was a revision to previously-
adopted NOX RACT rules (30 Texas Air Control (TAC) 117) 
which extended the compliance date from May 31, 1997, to May 31, 1999. 
The State first submitted the NOX RACT rules to EPA on 
December 6, 1993.
    A revision to the Texas (Nonattainment) New Source Review rule (30 
TAC section 116.150), adopted on October 11, 1995, temporarily extended 
the suspension of the NOX NSR requirements in HGA and BPA 
through December 31, 1997. This rule revision was submitted to EPA on 
November 1, 1995, and was not resubmitted with the petition.
    On May 23, 1997, EPA approved the petition for a one-year extension 
of the temporary exemption of the 182(f) and 182(b) NOX 
requirements for the HGA and BPA areas (62 FR 28344) from December 31, 
1996, to December 31, 1997, and an extension of the NOX RACT 
compliance date until May 31, 1999.
    The extension to the temporary exemption expired on December 31, 
1997.

II. State's Implementation Requirements

    Since the extension of the temporary exemption expired on December 
31, 1997, the State is required, according to EPA's approval of the 
petition for the extension of the temporary exemption, to begin 
implementing the State's NOX RACT, NSR, I/M, general and 
transportation conformity requirements, with NOX RACT 
compliance required as expeditiously as practicable but no later than 
May 31, 1999. Other specific requirements that would become applicable 
upon expiration are: (1) Any NSR permits that had not been deemed 
complete prior to January 1, 1998, must comply with the NOX 
NSR requirements, consistent with the policy set forth in the EPA's NSR 
Supplemental Guidance memo dated September 3, 1992, from John Seitz, 
Director, EPA's Office of Air Quality Planning and Standards; (2) any 
conformity determination (for either a new or revised transportation 
plan and Transportation Improvement Program) made after January 1, 
1998, must comply with the NOX conformity requirements; and 
(3) any I/M vehicle inspection made after January 1, 1998, must comply 
with the I/M NOX requirements.

III. State's Implementation Plans

    In a letter from Mr. Barry R. McBee, Chairman, TNRCC, to Mr. Jerry 
Clifford, Acting Regional Administrator, EPA

[[Page 7072]]

Region 6, dated November 25, 1997, the State documented its plans for 
implementing the NOX requirements.
    For NOX RACT, the State plans to maintain the 
performance standards contained in its current rule but believes a 
delay in the compliance date from May 31, 1999, to November 30, 1999, 
is necessary for facilities to implement the rule. This change will 
also require an updating of the rule.
    For New Source Review, changes in two permitting rules are 
necessary to update the rules previously submitted. The State plans to 
expedite these changes to have an effective rule date by April, 1998. 
The State plans to inform all applicants that during the period January 
1, 1998, until the effective date of the rule revision they are 
obligated to implement Federal nonattainment NSR requirements as a 
result of the expiration of the temporary 182(f) exemption on December 
31, 1997.
    For vehicle Inspection and Maintenance, the State and EPA agree 
that Harris County's current low enhanced I/M program meets EPA's 
NOX requirements and no change is needed, and that the BPA 
area will continue to have no requirements for an I/M program.
    For transportation conformity, any conformity determination made 
before the expiration of the exemption will continue to be a valid 
determination for three years if no changes are made to transportation 
plans and programs, and no new SIP is submitted. Any new conformity 
determinations made after December 31, 1997, must comply with the 
NOX provisions of the Federal and State conformity 
requirements. The State will work with EPA and the HGA and BPA 
metropolitan planning organizations in ensuring that conformity 
requirements are met.
    The EPA plans to act on the State's NOX RACT and NSR 
rules upon the State's submission. The EPA will process the changes to 
the rules through ``notice and comment'' rulemaking and will consider 
any public comment on the rules before granting final approval.
    Acknowledgment and acceptance in principle by EPA of these 
implementation plans was conveyed to Mr. Barry R. McBee in a letter 
from Mr. Jerry Clifford, dated December 22, 1997.

List of Subjects in 40 CFR Part 52

    Air pollution controls, Nitrogen oxide, Ozone, Reporting and 
recordkeeping requirements.

    Dated: February 4, 1998.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:
    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

    2. Section 52.2308 is amended by adding paragraph (f) to read as 
follows:


Sec. 52.2308  Area-wide nitrogen oxides (NOX) exemptions.

* * * * *
    (f) The extension of the temporary exemption from NOX 
control requirements of sections 182(f) and 182(b) of the Clean Air Act 
for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment 
areas granted on May 23, 1997, expired December 31, 1997. Upon 
expiration of the extension, the requirements pertaining to 
NOX RACT, NSR, I/M, general and transportation conformity 
will become applicable and the State is expected to implement the 
requirements as expeditiously as possible.

[FR Doc. 98-3580 Filed 2-11-98; 8:45 am]
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