[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Rules and Regulations]
[Pages 58697-58711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-104-1-7401a; FRL-7378-7]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to Regulations for Control of Air Pollution by Permits for 
New Sources and Modifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve revisions of the 
Texas State Implementation Plan (SIP). Specifically, EPA is approving 
revisions to regulations of the Texas Commission on Environmental 
Quality (TCEQ) which relate to the permitting of new sources and 
modifications. The EPA is approving revisions which recodify several 
provisions of the existing SIP without substantive changes and will 
strengthen the SIP as it pertains to permit alterations and the 
permitting of new and modified sources. Approval of these revisions 
will bring the SIP provisions relating to the permitting of new and 
modified sources more closely in line with Texas' existing program. 
This action is being taken under section 110 of the Federal Clean Air 
Act, as amended (the Act, or CAA).

DATES: This final rule is effective on October 18, 2002.

ADDRESSES: Copies of documents relevant to this action, including the 
Technical Support Document (TSD), are available for public inspection 
during normal business hours at the following locations. Persons 
interested in examining these documents should make an appointment at 
least 24 hours before the visiting day.
    Environmental Protection Agency, Region 6, Air Permits Section 
(6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Stanley M. Spruiell of the Air Permits 
Section at (214) 665-7212, or at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means EPA.

Table of Contents

I. What Are We Approving?
II. Background
III. Final Action
    A. Are We Approving Proposed Revisions to Chapter 101?

[[Page 58698]]

    B. Why Are We Approving the Revisions to Chapter 116?
    C. Have We Approved Any Portions of the 1993 Submittal Prior to 
Today's Action?
    D. Are We Approving Provisions That Did Not Exist in the Former 
SIP?
    E. Are We Approving All Provisions of Chapter 116?
    F. Are There Other Changes That We Are Approving?
    G. What Is the Effect of Today's Action?
    H. What Provisions of the Former SIP Are Replaced by the 
Recodified Provisions Approved Today?
    I. What Actions Are We Taking on the Provisions of the 1993 
Submittal That We Previously Approved?
IV. Response to Comments
V. Administrative Requirements

I. What Are We Approving?

    In today's action we are approving into the Texas SIP revisions of 
Title 30 Texas Administrative Code (TAC), Chapter 116, ``Control of Air 
Pollution by Permits for New Construction or Modification.'' The 
Governor of Texas submitted the following revisions to 30 TAC Chapter 
116 (Chapter 116) to the Administrator of EPA after adequate notice and 
public hearing:

A. August 31, 1993 (the ``1993 submittal'')

    The 1993 submittal includes revisions adopted by Texas on August 
16, 1993. The 1993 submittal includes revisions to and recodification 
of Chapter 116.\1\ The 1993 submittal serves as the base regulation for 
subsequent revisions that TCEQ has adopted, or will adopt.
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    \1\ The 1993 submittal also includes revisions to Chapter 101--
General Rules, Section 101.1--Definitions. For the reasons stated in 
section III.A, we are not approving the 1993 changes to Section 
101.1
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B. July 22, 1998 (the ``1998 submittal'')

    This submittal includes revisions to Chapter 116 adopted by Texas 
on June 17, 1998. It includes changes which Texas made under its 
regulatory reform to simplify and clarify its rules.\2\ These changes 
which do not involve substantive changes include: (1) Using shorter 
sentences, (2) limiting each citation to one main concept, (3) 
reordering requirements into a more logical sequence, and (4) using 
more commonplace terminology.\3\
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    \2\ The 1998 submittal also includes provisions for implementing 
section 112(g) of the Act, and includes a new Section 116.15--
Section 112(g) definitions, and a new Subchapter C--Hazardous Air 
Pollutants: Regulations Governing Construction or Reconstruction 
Major Sources (Federal Clean Air Act (FCAA), Section 112(g), 40 CFR 
part 63). We are taking no action on Subchapter C for the reasons 
stated in section III.E.1.
    \3\ The 1998 submittal also includes provisions which Texas 
adopted subsequent to the 1993 submittal but not yet approved by 
EPA. Except where otherwise indicated, we are taking no action on 
revisions made after the 1993 submittal which are not substantially 
equivalent to the 1993 submittal until we complete our review of 
these subsequent revisions. See discussion in section III.E.2.
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    On September 1, 2002, the Texas Natural Resource Conservation 
Commission (TNRCC) changed its name to the Texas Commission on 
Environmental Quality (TCEQ). The revisions to Chapter 116 which we are 
acting upon herein were adopted prior to the agency changing its name 
from TNRCC to TCEQ. All rules and regulations, orders, permits, and 
other final actions taken by the TNRCC remain in full effect unless and 
until revised by the TCEQ.
    In today's action, consistent with the following discussion, we are 
approving these revisions to Chapter 116 as revisions to the Texas SIP.

II. Background

    On September 24, 2001 (66 FR 48796), we published a direct final 
rule approving revisions to and recodification of Chapter 116. We 
concurrently published a proposed rulemaking with the direct final rule 
(66 FR 48850) and stated that if we received any adverse comments by 
the end of the public comment period we would withdraw the direct final 
rule. We would then respond to the comments when we take final action 
on the proposed approval.
    On October 24, 2001, we received comment letters from Public 
Citizen and from Lowerre & Kelly (Lowerre), Attorneys at Law on behalf 
of Quality of Life El Paso. We withdrew our direct final action on 
November 23, 2001 (66 FR 58667).
    In its October 24, 2001, comments, Public Citizen requested 
additional time to comment on these SIP revisions. Public Citizen 
requested the additional time to compare more fully the state's 
submittal against the current SIP and applicable requirements. In 
response to Public Citizen's request for additional time to comment on 
the proposed SIP revisions, we reopened the comment period for 30 days 
on March 20, 2002 (67 FR 12949). Public Citizen provided additional 
comments on April 12, 2002.

III. Final Action

A. Are We Approving Proposed Revisions to Chapter 101?

    On September 24, 2001 (as part of this action), we proposed to 
approve revisions to Chapter 101, Section 101.1--Definitions. 
Specifically, we proposed to approve a revised definition of 
``nonattainment area'' and to reinstate the definition of ``de minimis 
impact'' which we had inadvertently removed from Section 101.1 on 
August 19, 1997 (62 FR 44083).\4\ We received no comments on our 
proposed action to approve revisions to Section 101.1.
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    \4\ Texas also removed several terms which relate to permitting 
major sources and major modifications in nonattainment areas, and 
simultaneously recodified those definitions into Section 116.12. We 
approved the nonattainment definitions in Section 116.12 and the 
removal of such terms from Section 101.1 in a separate action at 65 
FR 43986 (July 17, 2000).
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    On September 26, 2001, Texas submitted revisions to Section 101.1. 
On November 14, 2001 (as part of a separate action), we approved the 
revisions to Section 101.1. See 66 FR 57260. The revisions approved on 
November 14, 2001, incorporate the revised definition of 
``nonattainment area'' and reinstated the definition of ``de minimis 
impact'' and are consistent with our September 24, 2001 proposal. 
Accordingly, we have revised the TSD to show this change. We are not 
approving revisions to Section 101.1 in this action.

B. Why Are We Approving the Revisions to Chapter 116?

    Approval of these revisions to Chapter 116 will bring the 
organizational structure and language of the Federally approved SIP for 
Chapter 116 more closely in line with the Chapter as it currently 
exists in the State's program. Our approval of these revisions will 
also facilitate future revisions to Chapter 116, by enabling us to 
approve such revisions into the current organizational structure. This 
approval also better serves the State, the public, and the regulated 
community by making the approved SIP more closely match the words and 
format of the rules that Texas currently implements.

C. Have We Approved Any Portions of the 1993 Submittal Prior to Today's 
Action?

    We previously approved portions of the 1993 submittal in separate 
actions as indicated in Table 1 below.

[[Page 58699]]



    Table 1.--Provisions of 1993 Submittal Previously Approved by EPA
------------------------------------------------------------------------
             Approval date                     Provisions approved
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09/27/95, 60 FR 49781..................  Table I, Major Source/
                                          Modification Emission
                                          Thresholds--in Section 116.12--
                                          Nonattainment Review
                                          Definitions.
08/19/97, 62 FR 44083..................  Section 116.10--definition of
                                          ``de minimis impact.'' \a\
                                         Section 116.141(a), and (c)-
                                          (e)--Determination of Fees
                                         Section 116.160--Prevention of
                                          Significant Deterioration
                                          Review Requirements.
                                         Section 116.161--Source Located
                                          in an Attainment Area with
                                          Greater than De Minimis
                                          Impact.
                                         Section 116.162--Evaluation of
                                          Air Quality Impacts.
                                         Section 116.163--Prevention of
                                          Significant Deterioration
                                          Permits Fees.
07/17/00, 65 FR 43986..................  Section 116.12--Nonattainment
                                          Review Definitions.
                                         Section 116.150--New Major
                                          Source or Major Modification
                                          in Ozone Nonattainment Area.
                                         Section 116.151--New Major
                                          Source or Major Modification
                                          in Nonattainment Area Other
                                          than Ozone.
                                         Section 116.170(1) and (3)--
                                          Applicability of Reduction
                                          Credits.
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\a\ The definition of ``de minimis impact'' was repealed from Section
  116.10 in the 1998 submittal. Today's action approves the State's
  repeal of this definition from Section 116.10.

    With respect to the sections identified above, today's action 
approves the codification of these provisions into the organization 
structure adopted in the 1998 submittal and any nonsubstantive changes 
to the previously approved provisions.

D. Are We Approving Provisions That Did Not Exist in the Former SIP?

    We are approving Section 116.116(c) which sets forth provisions for 
permit alterations. Section 116.116(c) defines a permit alteration as a 
variation to a representation in a permit application or in a general 
or special condition of a permit that decreases the allowable emissions 
or does not change the character or method of control of emissions. The 
TCEQ must approve any request for permit alteration which may result in 
an increase in off-property concentrations of air contaminants, may 
involve a change in permit conditions, or may affect facility or 
control equipment performance. Changes subject to permit alterations 
involve no emissions increase. Like kind replacement of emissions units 
and new emission units are not allowed under the permit alteration 
provisions. Permit alterations are not granted for changes which 
qualify for permit amendments under Section 116.116(b). Such permit 
amendment is required for any change which involves an increase in 
emissions or a change in the method of control. Examples of permit 
alterations include:
    (1) Changes to a special condition in a permit to add an annual 
production rate for a unit that was inadvertently left out,
    (2) Revising an emission point to show fugitive emissions and 
emissions from a newly installed control device as two separate 
emission points, and
    (3) Changes to a special condition to reflect that primary seals 
for external floating roof tanks may be liquid-mounted primary seals or 
mechanical shoes. The use of alterations is limited only to changes 
which involve no increase in emissions and no changes in the method of 
control. Accordingly, such changes will not result in a violation of 
the applicable portion of the control strategy \5\ or interfere with 
attainment or maintenance of a national standard, thus meeting the 
requirements of 40 CFR 51.160.\6\ Subsection (c) as submitted in 1998 
is equivalent to the 1993 submittal.
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    \5\ The term ``control strategy'' is defined in 40 CFR 51.100(n) 
as a combination of measures designated to achieve the aggregate 
emission reductions necessary for attainment and maintenance of 
national ambient air quality standards.
    \6\ 40 CFR 51.160 requires each SIP to contain legally 
enforceable measures that enable the State to determine whether the 
construction or modification of a facility, building, structure, or 
installation, or combination thereof will result in: (1) A violation 
of applicable portions of the control strategy; or (2) interference 
with attainment of maintenance of a national standard in the State 
in which the proposed source (or modification) is located or in a 
neighboring state.
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    We also received comments concerning our proposed approval of the 
provisions for permit alterations. Section IV contains our response to 
these comments.

E. Are We Approving All Provisions of Chapter 116?

    In today's action, we are not approving the provisions of Chapter 
116 identified below. We also received comments concerning our proposal 
to take no action on these provisions. Section IV contains our response 
to these comments.
1. Provisions Implementing Section 112(g) of the Act Concerning 
Constructed or Reconstructed Major Sources of Hazardous Air Pollutants 
(HAP)
    We are taking no action on Subchapter C of Chapter 116--Hazardous 
Air Pollutants: Regulations Governing Constructed or Reconstructed 
Major Sources (FCAA, section 112(g), 40 CFR part 63), as submitted in 
1998. The program for reviewing and permitting constructed and 
reconstructed major sources of HAP is regulated under section 112 of 
the Act and under 40 CFR part 63, subpart B. Under these provisions, 
States establish case-by-case determinations of maximum achievable 
control technology for new and reconstructed major sources of HAP. The 
process for these provisions is carried out separately from the SIP 
activities. For the reasons discussed above, we are not approving 
Subchapter C of Section 116 as submitted in 1998.
    In addition, and for the reasons discussed above, we are also not 
approving other provisions of Chapter 116 which pertain to or refer to 
Subchapter C. These provisions include:
    [sbull] Section 116.15--Section 112(g) Definitions,
    [sbull] Section 116.111(2)(K)--Hazardous Air Pollutants,
    [sbull] Section 116.115(c)(2)(B)(ii)(I)--Special conditions for 
sources subject to Subchapter C (Hazardous Air Pollutants),
    [sbull] Section 116.116(b)(3)--Changes at Section 112(g) 
facilities, and
    [sbull] Section 116.130(c)--Applications subject to the 
requirements of Subchapter C of Chapter 116 (relating to Hazardous Air 
Pollutants).

[[Page 58700]]

2. Provisions of the 1998 Submittal Which Are Not Equivalent to the 
1993 Submittal
    We are approving the 1998 submittal to the extent that it is 
equivalent to the 1993 submittal. The 1998 submittal includes new 
provisions as well as numerous changes that Texas adopted subsequent to 
the 1993 submittal and carried forward into the 1998 submittal. We are 
still reviewing the new provisions and the changes carried forward from 
rulemaking actions adopted subsequent to the 1993 submittal. However, 
if we wait until we complete our review and evaluation of these 
provisions, we would have to delay action on the portions of the 1998 
submittal that we consider to be approvable. As stated above, we 
believe that it is important to act on the provisions of the 1998 
submittal that are consistent with the 1993 submittal to ensure that 
the approved SIP more closely matches the rules that the TCEQ 
administers and enforces.
    Accordingly, today's action approves the 1998 submittal to the 
extent that the 1998 submittal is equivalent to the provisions of the 
1993 submittal that we are approving. At this time, we are taking no 
action on the following provisions of the 1998 submittal that are not 
equivalent to the 1993 submittal, except where otherwise indicated: \7\
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    \7\ In some cases provisions of the 1998 submittal are readily 
recognized to be consistent with the Act and have the effect of 
strengthening the SIP even though they are not equivalent to the 
1993 submittal. These provisions are identified in the TSD and where 
identified are being approved in today's action.
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    [sbull] The following definitions in Section 116.10--General 
Definitions:

``actual emissions''--Section 116.10(1),
``allowable emissions''--Section 116.10(2),
``best available control technology''--Section 116.10(3),
``facility''--Section 116.10(4),
``grandfathered facility''--Section 116.10(6),
``maximum allowable emission rate table (MAERT)''--Section 116.10(8),
``modification of existing facility''--Section 116.10(9),
``new facility''--Section 116.10(10), and ``qualified facility''--
Section 116.10(14).

    [sbull] Section 116.13--Flexible Permit Definitions;
    [sbull] Section 116.14--Standard Permit Definitions;
    [sbull] Section 116.110(a)(2)-(3) and (c) which respectively relate 
to standard permits, flexible permits, and exclusions from permitting;
    [sbull] Section 116.115(b) and (c)(2)(A)(i) which respectively 
relate to general conditions and special conditions for sources subject 
to standard permits;
    [sbull] Section 116.116(e)-(f) which respectively relate to changes 
to qualified facilities and use of credits;
    [sbull] Section 116.117 which relates to Documentation and 
Notification of Changes to Qualified Facilities;
    [sbull] Section 116.118 which relates to Pre-Change Qualification;
    [sbull] Section 116.132(c)-(d) which respectively relate to 
additional alternate language public notice;
    [sbull] Section 116.133(f)-(g) which respectively relate to 
alternate language sign posting;
    [sbull] Section 116.136--Public Comment Procedures; \8\
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    \8\ In today's action, we are approving Section 116.136 as 
submitted in 1993.
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    [sbull] Subchapter F--Standard Permits; and
    [sbull] Subchapter G--Flexible Permits.
    We are reviewing the provisions which we are not acting upon in 
this action. When we complete our review, we will take appropriate 
action on these provisions in separate Federal Register actions. The 
TSD contains a detailed evaluation which documents why we are taking no 
action on these provisions.
3. Provisions of the 1993 Submittal Which Were Repealed in the 1998 
Submittal
    Texas repealed the following provisions from Chapter 116 in the 
1998 submittal:
    [sbull] Definitions of ``de minimis impact'' \9\ and ``emissions 
unit'' in Section 116.10--General Definitions, and
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    \9\ We previously approved the definition of ``de minimis 
impact'' prior to its repeal from Section 116.10 in the 1998 
submittal. Today, we are approving the repeal of this definition 
from Section 116.10. We have not acted upon the other provisions 
which were repealed in the 1998 submittal.
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    [sbull] Section 116.110(b)--Operations Certificate.
    These provisions of the 1993 submittal were repealed in 1998, and 
are no longer a part of Chapter 116. Thus, we are not approving these 
provisions of the 1993 submittal.
4. Emission Reductions: Offsets
    In letters to TNRCC (now TCEQ) dated August 3, 1999, and September 
27, 2000, we informed them that we had concerns relating to the 
approval of Sections 116.170(2), 116.174, and 116.175. On the basis of 
subsequent discussions with Texas on August 15, 2000, EPA and TCEQ have 
agreed that it is appropriate to take no action on Sections 116.170(2), 
116.174, and 116.175 in today's action. Our letter to the State on 
September 27, 2000, confirmed this understanding. We will act on these 
provisions in a separate action after TCEQ resolves the outstanding 
concerns to our satisfaction. Additional information regarding our 
concerns with these provisions is contained in the TSD.
5. Permit Exemptions
    On December 29, 1998, Texas requested that we delay action on 
approving Subchapter C--Permit Exemptions as submitted in 1993. In a 
subsequent letter dated April 26, 1999, Texas provided its reason for 
requesting that we delay approval of Subchapter C. Texas requested the 
delay because of several bills that were before the Texas Legislature 
which, if passed and signed into law, would affect the new source 
permitting structure, including the exemptions from permitting. These 
bills were passed and signed into law. Because we anticipate that Texas 
will significantly revise and restructure its provisions for exemptions 
from permitting, we are delaying action on Subchapter C (as submitted 
in 1993) pending the submission of these SIP revisions.
    Because we are taking no action on Subchapter C as submitted in 
1993, the existing provisions of Section 116.6 (Exemptions), approved 
August 13, 1982 (47 FR 35193) remain in the Texas SIP.
    We also received comments concerning our proposed action relating 
to Permit Exemptions. Section IV contains our response to these 
comments.
6. Permit Renewals
    The Governor submitted Subchapter D (Permit Renewals) of Chapter 
116 in the 1993 submittal. However, the 1998 submittal incorporates 
revisions that Texas adopted after the 1993 submittal and which we have 
not approved. The changes significantly revise Subchapter D to the 
extent that it is not equivalent to Subchapter D as submitted in the 
1993 submittal. We have not completed our review of these changes and 
are therefore taking no action on Subchapter D in today's action. We 
will act on Subchapter D in a separate action following our review of 
the changes adopted subsequent to the 1993 submittal.
7. Emergency Orders
    The Governor submitted Subchapter E (Emergency Orders) as part of 
the 1993 submittal. An Emergency Order authorizes the immediate action 
for the addition, replacement, or repair of facilities or control 
equipment, and

[[Page 58701]]

authorizes the associated emissions of air contaminants, whenever a 
catastrophic event necessitates such construction. An applicant that 
qualifies for an Emergency Orders would need to submit an application 
under the requirements of Section 116.411.
    On December 10, 1998, the Governor of Texas submitted additional 
SIP revisions pertaining to Emergency Orders. In that submittal, Texas 
recodified and revised the provisions pertaining to Emergency Orders 
into 30 TAC chapter 35. We are still reviewing the December 10, 1998, 
SIP revisions. We will act on the provisions relating to Emergency 
Orders in a separate action.
    In letters to Texas dated August 3, 1999, and September 27, 2000, 
we identified concerns related to Subchapter E, submitted August 31, 
1993, and with the revisions submitted December 10, 1998. On the basis 
of subsequent discussions with Texas on August 15, 2000, the EPA and 
TCEQ have agreed that it is appropriate to take no action on Subchapter 
E, submitted August 31, 1993, and the SIP revisions submitted December 
10, 1998, in today's action. Our letter to Texas on September 27, 2000, 
confirmed this understanding. We will act on these provisions in a 
separate action after TCEQ resolves the outstanding concerns to our 
satisfaction. Additional information regarding our concerns with these 
provisions is contained in the TSD.
    We also received comments concerning our proposal to take no action 
on Emergency Orders. Section IV contains our response to these 
comments.

F. Are There Other Changes That We Are Approving?

    On September 24, 2001, we proposed to approve Section 116.137 as 
submitted in 1993. We proposed to approve the 1993 submittal of Section 
116.137 based upon Texas making no changes to the regulatory text of 
that Section in the 1998 submittal. Further review indicates that in 
the 1998 submittal Texas changed the title of Section 116.137 from 
``Notification of Final Action by the Texas Air Control Board'' to 
``Notification of Final Action by the Commission''. Accordingly, we 
have revised the TSD to show this change. We are approving the 1998 
submittal of Section 116.137 in today's action.

G. What Is the Effect of Today's Action?

    This action approves the recodification of several provisions of 
Texas regulations for permitting new and modified sources as submitted 
August 31, 1993, and July 22, 1978. Today's action replaces several 
Sections of the former SIP with new Sections under the current 
numbering system used by Texas in Chapter 116. By approving these 
revisions, the SIP-approved version of Chapter 116 more closely 
correlates with the numbering system currently used by Texas.

H. What Provisions of the Former SIP Are Replaced by the Recodified 
Provisions Approved Today?

    Table 2 below cross-references the recodified provisions that we 
are approving to the corresponding provisions in the former SIP. The 
table identifies the new SIP citation, the former SIP citation, the 
adoption date of the section that we are approving, the title of the 
Section, and any explanatory notes. Where noted, the ``comments'' 
column may identify portions of the ``New SIP Citation'' which we are 
not approving in today's action. The reasons for not approving such 
provisions identified in the ``comments'' column are provided in 
section III and in the TSD.

                     Table 2.--Recodified Provisions of Chapter 116 Approved in This Action.
----------------------------------------------------------------------------------------------------------------
                                       Date
                                    adopted of
         New SIP citation            new SIP     Former SIP citation          Title               Comments
                                   citation by
                                      state
----------------------------------------------------------------------------------------------------------------
              Chapter 116--Control of Air Pollution by Permits for New Construction or Modification
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.10...................     06/17/98  Sections 101.1,       General Definitions.  The New SIP Citation
                                                 116.3(a)(1)(B), and                         does not include
                                                 116.14(a)(7).                               Sections 116.10(1),
                                                                                             (2), (3), (4), (6),
                                                                                             (8), (9), (10), and
                                                                                             (14).
Section 116.11...................     06/17/98  Section               Compliance History
                                                 116.14(a)(1)(6).      Definitions.
----------------------------------
                                     Subchapter B--New Source Review Permits
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.110..................     06/17/98  Sections 116.1(a)-    Applicability.......  The New SIP Citation
                                                 (c), 116.2, and                             does not include
                                                 116.3(b).                                   Sections
                                                                                             116.110(a)(2),
                                                                                             (a)(3), and (c).
Section 116.111..................     06/17/98  Section 116.3(a)....  General Application.  The New SIP Citation
                                                                                             does not include
                                                                                             Section
                                                                                             116.111(2)(K).
Section 116.112..................     06/17/98  Sections              Distance limitations
                                                 116.3(a)(1)(B) and
                                                 116.3(a)(13).
Section 116.114..................     06/17/98  Sections 116.3(f),    Application review
                                                 116.5,                schedule.
                                                 116.10(a)(1), and
                                                 116.10(e).
Section 116.115..................     06/17/98  Section 116.4.......  Special provisions..  The new SIP citation
                                                                                             does not include
                                                                                             Sections
                                                                                             116.115(b),
                                                                                             (c)(2)(A)(i), and
                                                                                             (c)(2)(B)(ii)(I).
Section 116.116..................     06/17/98  Section 116.5.......  Changes to            The New SIP citation
                                                                       facilities.           does not include
                                                                                             sections
                                                                                             116.116(b)(3), (e),
                                                                                             and (f).
----------------------------------

[[Page 58702]]

 
                                         Division 2--Compliance History
----------------------------------------------------------------------------------------------------------------
Section 116.120..................     06/17/98  Section 116.14(b)...  Applicability.......
Section 116.121..................     06/17/98  Section 116.14(c)...  Exemptions..........
Section 116.122..................     06/17/98  Section 116.14(d)...  Contents of
                                                                       Compliance History.
Section 116.123..................     06/17/98  Section 116.14(e)...  Effective dates.....
Section 116.124..................     06/17/98  Section 116.14(f)...  Public notice of
                                                                       compliance history.
Section 116.125..................     06/17/98  Section 116.14(g)...  Preservation of
                                                                       existing rights and
                                                                       procedures.
Section 116.126..................     06/17/98  Section 116.14(h)...  Voidance of permit
                                                                       applications.
----------------------------------
                                            Division 3--Public Notice
----------------------------------------------------------------------------------------------------------------
Section 116.130..................     06/17/98  Section 116.10(a)(7)  Applicability.......  The new SIP citation
                                                                                             does not include
                                                                                             Section 116.130(c).
Section 116.131..................     06/17/98  Section 116.10(a)(1)  Public notification
                                                 and (2).              requirements.
Section 116.132..................     06/17/98  Section 116.10(a)(3)  Public notice format  The new SIP citation
                                                 and (4).                                    does not include
                                                                                             Sections 116.132(c)
                                                                                             and (d).
Section 116.133..................     06/17/98  Did not exist.......  Sign posting          The new SIP citation
                                                                       requirements.         does not include
                                                                                             Sections 116.134(f)
                                                                                             and (g).
Section 116.134..................     06/17/98  Section 116.10(a)(5)  Notification of
                                                                       affected agencies.
Section 116.136..................     08/16/93  Section 116.10(b)...  Public comment
                                                                       procedures.
Section 116.137..................     06/17/98  Section 116.10(c)...  Notification of
                                                                       final action by the
                                                                       Commission.
----------------------------------
                                             Division 4--Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 116.140..................     06/17/98  Section 116.11(a)     Applicability.......
                                                 and (e).
Section 116.141..................     06/17/98  Section 116.11(b)...  Determination of      Today's action
                                                                       fees.                 approves Section
                                                                                             116.141(b).
                                                                                             Sections
                                                                                             116.141(a), (c)-(e)
                                                                                             were previously
                                                                                             approved.
Section 116.143..................     06/17/98  Section 116.11(c)-    Payment of fees.....
                                                 (f).
----------------------------------------------------------------------------------------------------------------

I. What Actions Are We Taking on the Provisions of the 1993 Submittal 
That We Previously Approved?

    Table 3 below identifies previously approved provisions of the 1993 
submittal. This action recodifies these previously approved provisions 
in the format submitted in the 1998 submittal with nonsubstantive 
changes.

                Table 3.--Recodification of Previously Approved Provisions of the 1993 Submittal
----------------------------------------------------------------------------------------------------------------
                                     Adoption
                                     date of                            Approval date and
           SIP citation                rule             Title           Federal Register          Comments
                                   approved in                         page of previously
                                   this action                            approved SIP
----------------------------------------------------------------------------------------------------------------
              Chapter 116--Control of Air Pollution by Permits for New Construction or Modification
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.10...................     06/17/98  General Definitions   08/19/97, 62 FR       Repealed.\a\
                                                 (definition of ``de   44083.
                                                 minimis impact'').
----------------------------------
                                     Subchapter B--New Source Review Permits
                                             Division 4--Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 116.141(a), (c)-(e)......     06/17/98  Determination of      08/19/97, 62 FR       Today's action
                                                 Fees.                 44083.                approves
                                                                                             nonsubstantive
                                                                                             changes in 1998
                                                                                             submittal.
----------------------------------

[[Page 58703]]

 
                                        Division 5--Nonattainment Review
----------------------------------------------------------------------------------------------------------------
Section 116.150..................     02/24/99  New Major Source or   07/17/00, 65 FR
                                                 Major Modification    43944.
                                                 in Ozone
                                                 Nonattainment Area.
Section 116.151..................     03/18/98  New Major Source or   07/17/00, 65 FR
                                                 Major Modification    43944.
                                                 in Nonattainment
                                                 Area Other than
                                                 Ozone.
----------------------------------
                           Division 6--Prevention of Significant Deterioration Review
----------------------------------------------------------------------------------------------------------------
Section 116.160..................     06/17/98  Prevention of         08/19/97, 62 FR       Today's action
                                                 Significant           44083.                approves
                                                 Deterioration                               nonsubstantive
                                                 Requirements.                               changes in 1998
                                                                                             submittal.
Section 116.161..................     06/17/98  Sources Located in    08/19/97, 62 FR       Today's action
                                                 an Attainment Area    44083.                approves
                                                 with a Greater than                         nonsubstantive
                                                 de Minimis Impact.                          changes in 1998
                                                                                             submittal.
Section 116.162..................     08/16/93  Evaluation of Air     08/19/97, 62 FR
                                                 Quality Impacts.      44083.
Section 116.163..................     08/16/93  Prevention of         08/19/97, 62 FR
                                                 Significant           44083.
                                                 Deterioration
                                                 Permits Fees.
----------------------------------
                                     Division 7--Emission Reduction: Offsets
----------------------------------------------------------------------------------------------------------------
Section 116.170..................     06/17/98  Applicability of      07/17/00, 65 FR       Today's action
                                                 Reduction Credits.    43944.                approves
                                                                                             nonsubstantive
                                                                                             changes in 1998
                                                                                             submittal.
----------------------------------------------------------------------------------------------------------------
\a\ The definition of ``de minimis impact'' was repealed from Section 116.10 in the 1998 submittal. Today, we
  are approving the repeal of this definition from Section 116.10.

IV. Response to Comments

    The following is a summary of the comments that we received October 
24, 2001, and April 12, 2002, and our response to those comments. In a 
separate document, we have included a more detailed response to 
comments in the docket for this action. You may obtain a copy of this 
response to comments by contacting the person identified in the section 
entitled For Further Information Contact.
    Comment 1: On October 24, 2001, Public Citizen commented that the 
proposal to take ``no action'' is not consistent with section 110(k)(2) 
of the Act which provides that, within 12 months of a determination 
that a State submittal is complete, EPA shall act on the submittal in 
accordance with section 110(k)(3). Section 110(k)(3) provides for full 
approval or partial approval and partial disapproval. The only other 
action available to EPA is conditional approval under section 
110(k)(4). Taking no action on a SIP submittal after the 12 month 
period is not an option under the Act. The deadlines for EPA action on 
the 1993 and 1998 submittals have long since passed; thus EPA must 
either approve or disapprove the provisions it has proposed to take no 
action on.
    On April 12, 2002, Public Citizen further commented that it does 
not believe that EPA has the authority to ``take no action'' on 
portions of Texas'' SIP submittal. The Act provides for approval, 
disapproval or partial approval/disapproval within 12 months of a 
completeness determination. Section 110(k)(3) of the Act.
    Response 1: We are neither approving nor disapproving (taking no 
action on) certain provisions of the Texas SIP submittals in this 
action because we have outstanding questions regarding those provisions 
and they remain under review. We believe it would be premature to 
propose action on these provisions before we resolve our outstanding 
questions with Texas. Our statements that we are taking no action on 
those provisions should not be taken to mean that we never intend to 
act on them. We will approve or disapprove those provisions in future 
actions on the Texas SIP submittals (unless and to the extent that they 
are withdrawn by Texas).
    Comment 2: On October 24, 2001, Public Citizen commented that the 
lack of EPA action makes the approved regulations extremely difficult, 
if not impossible to interpret.
    Response 2: As discussed in our September 24, 2001, action, this 
action makes the approved SIP easier to understand because the SIP will 
more closely match the State's program and the rules that Texas 
currently implements.
    Furthermore, the Table in 40 CFR 52.2270(c), ``EPA Approved 
Regulations in the Texas SIP,'' clearly identifies the provisions that 
we are approving. Additionally, for each entry in the Table, we clearly 
identify for each Section of the State Regulation that we are approving 
any provisions in that Section that are not included in the SIP under 
the Column titled ``Explanation.''
    The public can also access the current Federally-approved SIP on 
the EPA Region 6 Web Site. We update the web site to include all SIP 
revisions after the SIP revisions become effective. The public can 
access this Web site, review, and download these approved regulations 
at: http://www.epa.gov/earth1r6/6pd/air/sip/sip.htm.
    The EPA Region 6 staff is available to provide assistance to any 
person who wants information concerning what is required in the 
approved
    SIP. For this action, any person may obtain information and 
assistance concerning the SIP regulations approved

[[Page 58704]]

by contacting the person identified in the section entitled For Further 
Information Contact.
    Finally, revising the existing SIP provisions of Chapter 116 will 
make the Texas New Source Permitting Program easier to understand 
because the revised provisions will be in the format that TCEQ uses. If 
we retained the existing provisions of Chapter 116, then for purposes 
of Federal administration, implementation, and enforcement, we would 
have to rely upon the existing SIP citations which differ from the 
TCEQ's regulations. This disparity would add to confusion and 
misunderstanding concerning the applicable requirements that a source 
must meet.
    Comment 3: On October 24, 2001, Public Citizen commented that EPA 
should assure that the provisions for which no action is taken are not 
referenced in the provisions that are approved, which would constitute 
tacit approval of such provisions.
    On April 12, 2002, Public Citizen further commented that EPA is 
taking no action on sections of the SIP that are referenced in sections 
that EPA is approving. It is, therefore, often extremely difficult to 
determine whether a particular provision will be given effect or not.
    Response 3: The TSD contains an annotation of the 1993 and 1998 
submittals. In the development of this annotation, we reviewed the 
regulation that we proposed to approve to ensure that the provisions of 
Chapter 116 do not reference the provisions that we did not propose to 
approve. The regulations that we proposed to approve do not reference 
provisions that we are not approving, except for certain references to 
30 TAC Chapter 106--Permits by Rule discussed below. See Comment 4 for 
further discussion of Chapter 106. As stated in the proposed action, we 
will review the provisions that we did not approve in this action and 
either approve or disapprove in separate actions.
    Comment 4: On April 12, 2002, Public Citizen commented that while 
EPA says it is not approving Texas' Chapter 106 exemption rules in this 
action, EPA is approving 116.110(a)(4) which cross-references Chapter 
106. Public Citizen also identified cross-references to Chapter 106 in 
Sections 116.115(c)(2) and 116.116(d) and commented that ``[i]t is 
unclear, therefore, whether EPA is authorizing sources to rely on the 
Chapter 106 exemptions for authorization or whether sources are 
required to obtain a permit under Section 116.111. Such confusion has 
made it very difficult to comment on the proposal.''
    Public Citizen further commented that because EPA is taking no 
action on certain provisions of Subchapter C of Chapter 116, the 
Federal Register states that EPA is leaving Section 116.6 regarding 
exemptions in place. Section 116.6 provides that a permit shall not be 
required for those sources exempted by the Executive Director of the 
TCEQ because such sources will not make a significant contribution of 
air contaminants to the atmosphere.
    Public Citizen stated that this rule appears to be contrary to 
section 110(i) of the Act which provides that an Executive Director-
granted variance should have no effect on the Federal enforceability of 
a provision unless the variance is submitted to EPA and approved into 
the SIP as a source-specific SIP provision. Leaving such a provision in 
the SIP creates confusion regarding the effect of such variance.
    Response 4: We proposed to approve Sections 116.110(a)(4), 
116.115(c)(2)(A)(ii), 116.116(d) and (d)(1), and 116.143(2), which 
contain cross references to Chapter 106. As discussed in the proposal, 
Texas has not submitted Chapter 106. Chapter 106 is the TCEQ's program 
for Permits by Rule, which replaced the provisions for Standard 
Exemptions. Currently the approved SIP recognizes Standard Exemptions 
in Section 116.6 which we approved on August 13, 1982 (47 FR 35193). 
The 1993 submittal recodified the provisions for Standard Exemptions 
into Subchapter C of Chapter 116. In 1996 Texas subsequently recodified 
its provisions for Standard Exemptions into Chapter 106. In 2000, Texas 
redesignated the Standard Exemptions to Permits by Rule.
    The criteria and conditions that a source must meet to qualify for 
a Permit by Rule are in Subchapter A of Chapter 106. Our comparison of 
Subchapter A of Chapter 106 (as it currently exists in Texas rules) 
with the provisions of Subchapter C of Chapter 116 (as submitted in 
1993) indicates no substantive difference between the two sets of 
regulations. Thus, TCEQ's current provisions which describe the 
qualifications for a permit by rule are substantially the same as those 
in Subchapter C of Chapter 116 in the 1993 submittal. These 
requirements are substantially the same as the provisions for 
Exemptions that currently exist in Section 116.6.
    We are taking no action on Subchapter C of the 1993 submittal for 
the reasons discussed in the proposal. See 67 FR 48800, (September 24, 
2001). Because Texas has not yet submitted Chapter 106, we are 
retaining Section 116.6 in the approved SIP. This retention will ensure 
the continuity of Texas' program for recognizing the former Standard 
Exemptions (now Permits by Rule). The continuity is maintained because 
the Permits by Rule which TCEQ recognizes under Chapter 106 remain 
consistent with the Standard Exemptions which are recognized under 
Section 116.6.
    The TCEQ has stated that it will submit relevant provisions of 
Chapter 106 to EPA at a future date. However, we believe it necessary 
to approve the 1993 and 1998 submittals of Chapter 116 now for reasons 
stated in our proposed approval. When Texas submits Chapter 106 for 
approval into the SIP, we will take appropriate action. If we approve 
the provisions of Chapter 106 into the SIP, we will remove Section 
116.6 from the SIP. Prior to approval of relevant provisions of Chapter 
106 into the SIP, the references to Chapter 106 will be deemed 
consistent with Section 116.6.
    Section 116.6 was approved as part of the SIP in EPA's action on 
August 13, 1982 (47 FR 35193). Thus, approval of Section 116.6 is not 
part of this action, and references to it are for explanatory purposes 
only. Under the circumstances, the provisions of Section 116.6 are not 
subject to public comment or judicial review as part of this action.
    Comment 5: On April 12, 2002, Public Citizen requested 
clarification that Section 116.7--Request for Exemption,\10\ is being 
deleted from the SIP. Public Citizen believes no such exemption 
provisions should be included in the SIP.
---------------------------------------------------------------------------

    \10\ In its April 12, 2002, letter, Public Citizen identified 
the citation as 117.07. On April 17, 2002, Public Citizen, in 
response to our inquiry on April 15, 2002, replied that the citation 
was not correct, and that the correct citation is Section 116.7.
---------------------------------------------------------------------------

    Response 5: We are deleting Section 116.7. We indicated in the 
September 24, 2001, action that we are deleting all existing entries 
under Chapter 116 in 40 CFR 52.2270(c), which includes Section 116.7. 
Thus, our action is to delete Section 116.7.
    Comment 6: On April 12, 2002, Public Citizen commented on Section 
116.116(b)(1)(C), which EPA proposed to approve. This provision 
replaces the existing SIP provision (Section 116.5) which provides that 
the Executive Director of TCEQ must approve any change which results in 
an increase in the discharge of the various emissions. Section 
116.116(b)(1)(C) requires an application for a permit if the change 
will cause ``an increase in the emissions rate for any air 
contaminant.'' Public Citizen asserts that this is a substantive

[[Page 58705]]

difference that weakens the existing SIP provision. Under the revised 
provision, according to Public Citizen, sources can vary from 
application representations and increase their total emissions without 
submitting an application as long as the emissions rate does not 
increase. Public Citizen says that sources should be required to obtain 
authorization and provide for public participation before varying from 
representations and causing an increase in pollution.
    Response 6: The EPA does not agree that the change weakens the SIP. 
Section 116.116(b)(1) requires that a permit holder obtain a permit 
amendment prior to varying from any representation (with regard to 
construction plans or operation procedures in an application for a 
permit) or permit condition if the change meets any of three the 
criteria identified in Section 116.116(b)(1). The ``increase in the 
emission rate of any air contaminant'' (Section 116.116(b)(1)(C)) is 
one of three criteria that requires a permit amendment. The comment 
indicates, without giving any examples, that there could be changes 
where total emissions increase but the emission rate does not increase 
and, therefore, a permit amendment would not be required. We believe 
that would be a very unlikely circumstance. If ``emission rate'' is the 
mass of pollutant emitted per unit of time, any increase in total 
emissions must result in an increase in the emission rate for some unit 
of time.
    Furthermore, the scenario envisioned in the comment becomes even 
more unlikely because any such change would also have to fail to 
trigger one of the other two criteria to avoid the necessity of 
obtaining a permit amendment. A permit amendment is also required if 
the change causes a change in the method of control of emissions 
(Section 116.116(b)(1)(A)) or a change in the character of the 
emissions \11\ (Section 116.116(b)(1)(B)).\12\
---------------------------------------------------------------------------

    \11\ As used in Texas' regulations, a change in the character of 
emissions is a change in the emissions of an air contaminant or 
change in emissions of a family of air contaminants or change in 
emissions from chemical contaminant to another.
    \12\ The criteria in 116.116(b)(1)(A) and (B) are also required 
under the old SIP (Section 116.5) and are recodified without 
substantive change.
---------------------------------------------------------------------------

    It is also worth noting that Texas made this change to Section 
116.116(b)(1)(C) in the 1998 submittal. As stated in its proposed 
rulemaking of the 1998 submittal:

    Changes have been made throughout the rules as the result of 
ongoing efforts by the commission for regulatory reform. These 
changes are for the purpose of simplification and clarification 
only, and do not involve substantive changes in the requirements of 
this chapter. In general, these changes involve using shorter 
sentences, limiting each citation to one main concept, reordering 
requirements into a more logical sequence, and using more 
commonplace terminology. (Emphasis added).

23 TexReg 2953 (March 20, 1998). Texas' proposed rulemaking did not 
specifically discuss changes made to Section 116.116(b)(1)(C), the 
citation where Texas changed the reference of ``increase in the 
discharge of the various emissions'' to ``increase in emissions rate.'' 
The change was made as the result of the regulatory reform, and was not 
intended to represent a substantive change in the rule. Texas received 
no comments on the 1998 revisions to Section 116.116(b)(1)(C) and 
adopted this provision as proposed. See 23 TexReg 6988 (July 3, 1998).
    Taken together, the recodification of the permit amendment 
provisions from Section 116.5 to Section 116.116(b)(1) are adequate to 
meet the requirements of 40 CFR 51.160(a).\13\ We therefore do not 
agree with this comment. In today's action we are approving Section 
116.116(b)(1).
---------------------------------------------------------------------------

    \13\ See Footnote 6.
---------------------------------------------------------------------------

    Comment 7: On October 24, 2001, and April 12, 2002, Public Citizen 
commented that it objects to EPA's approval of authorization procedures 
for new construction or modification that do not meet the requirements 
of 40 CFR part 51. Specifically, Section 116.116(c) (permit 
alterations) allows sources to make modifications without providing 
public participation as required under 40 CFR 51.161, which provides 
for notice and opportunity for public comment on proposed 
modifications. The Act requires that citizens be provided with at least 
a 30-day comment period on permit applications. 40 CFR 51.161. In 
addition, an analysis of the effect of the construction or modification 
on ambient air quality must be made available to the public.
    On October 24, 2001, Lowerre commented that it objects to the 
approval of Section 116.116 because it does not allow for public 
participation on complex issues. Lowerre believes that TCEQ should 
allow for at least a 30 day notice and reasonable time for public 
comment for all permit changes that effect emissions or the 
enforceability of the permit.
    Response 7: We do not agree that a modification could qualify for a 
permit alteration under the rules that we are approving. In NSR, a 
modification is any change as defined in section 111(a)(4) of the 
Act.\14\ Under section 111(a)(4) of the Act, a change is a modification 
only if it results in an increase in the amount of emissions or results 
in emissions of an air pollutant not previously emitted. Under Section 
116.116(c) \15\ a permit alteration is only authorized in very limited 
circumstances which do not include modifications, where allowable 
emissions are decreased or where a change does not involve a change in 
the method of control of emissions or the character of emissions or an 
increase in the emission rate of any air contaminant. If a change 
involves an increase in allowable emissions or a change in the method 
of control or the character of emissions or an increase in the emission 
rate of any air contaminant, the source would be required to obtain a 
permit amendment under Section 116.116(b),\16\ which would include 
public participation.\17\
---------------------------------------------------------------------------

    \14\ Section 111(a)(4) of the Act defines the term 
``modification '' as ``any physical change in, or change in the 
method of operation of, a stationary source which increases the 
amount of any air pollutant emitted by such source or which results 
in the emission of any air pollutant not previously emitted.'' 
(Emphasis added)
    \15\ Section 116.116(c), defines a permit alteration as:
    (A) A decrease in allowable emissions;
    (B) any change from a representation in a permit application, 
general condition, or special condition in a permit that does not 
cause:
    (i) A change in the method of control of emissions;
    (ii) A change in the character of emissions; or
    (iii) An increase in the emission rate of any air contaminant. 
(Emphasis added)
    \16\ See our response to Comment 6 for a detailed discussion of 
permit amendments under Section 116.116(b).
    \17\ The TCEQ likewise does not consider permit alterations to 
be modifications. Examples of alterations include name changes, 
change of test date, and other ``clean up'' changes. See 66 FR 48801 
(September 24, 2001) for further discussion on permit alterations.
---------------------------------------------------------------------------

    Under 40 CFR 51.161, a state or local agency must provide for 
public comment on information submitted by owners and operators as part 
of the ``legally enforceable procedures in Sec.  51.160.'' 40 CFR 
51.161(a). The provisions in 40 CFR 51.160 provide that a SIP must 
contain ``legally enforceable procedures'' concerning the construction 
or modification of a source.\18\ The ``legally enforceable procedures'' 
of Sec.  51.160 that are referenced in Sec.  51.161 apply only to 
``construction or modification.'' Under Section 116.116(c), permit 
alterations are defined to exclude changes which would qualify as 
amendments under Section 116.116(b) and as modifications under section 
111(a)(4) of the Act or under 40 CFR 51.160 and 51.161.

[[Page 58706]]

 Accordingly, the TCEQ is not required to provide opportunity for 
public comment on permit alterations.
---------------------------------------------------------------------------

    \18\ See Footnote 6.
---------------------------------------------------------------------------

    Comment 8: On October 24, 2001, Public Citizen commented that 
permit alterations are not nonsubstantive and that nothing in Section 
116.116 limits approval only to nonsubstantive changes. Public Citizen 
asserts that Section 116.116(c)(2) references alteration applications 
for changes that result in an increase in off-property concentrations 
of air contaminants and which affect facility or control equipment 
performance, which Public Citizen believes are substantive changes.
    On April 12, 2002, Public Citizen commented that alterations are 
not ``de minimis.'' Alterations could result in increases in total 
emissions and, as acknowledged in the rule itself, could result in 
increases in off-property concentrations of air contaminants. Section 
116.116(c)(2)(A). The proposed alteration provisions should not be 
approved into the SIP.
    Response 8: Under Section 116.116(c)(1) a permit alteration is: a 
decrease in allowable emissions; or any change from a representation in 
a permit application, general condition, or special condition in a 
permit that does not cause (i) a change in the character or method of 
control of emissions; (ii) a change in the character of emissions; or 
(iii) an increase in the emission rate of any air contaminant.
    Section 116.116(c)(2) provides that requests for permit alterations 
that must receive prior approval by the Executive Director are those 
that: (A) Result in an increase in off-property concentrations of air 
contaminants; (B) involve a change in permit conditions; or (c) affect 
facility or control equipment performance.
    The changes described in Section 116.116(c)(2) identify the types 
of alterations ``that must receive prior approval by the executive 
director.''
    Such prior approval by the Executive Director assures that the 
types of changes described in Section 116.116(c)(2) in fact qualify as 
permit alterations as defined under Section 116.116(c)(1).
    In addition, all permit changes, including alterations, must 
satisfy the provisions of Section 116.111(2)(A)(i) which provides that 
the ``emissions from the proposed facility will comply with all rules 
and regulations of the commission and with the intent of the TCAA, 
including protection of the health and physical property of the 
people.'' (Emphasis added)
    Thus when a proposed permit alteration will result in an increase 
in off-property concentrations of air contaminants or will affect 
facility or control equipment performance, the Executive Directive will 
have assurance, provided through the technical review of the 
application, that the emissions from a proposed permit alteration will 
protect the health and physical property of the people before approving 
a such request for an alteration.
    Comment 9: On October 24, 2001, Lowerre cited a specific example of 
a concrete products plant which it maintains is attempting to avoid 
Title V permitting requirements \19\ by submitting several permit 
modifications and forms, including permit alteration applications that 
are included in Section 116.116. The applicant submitted the 
applications in an attempt to establish Federally enforceable emission 
limits below the 100 tons per year major source threshold for 
particulate matter. Lowerre disagrees with TCEQ that the submission of 
these applications satisfies the requirements of Title V. Lowerre 
believes that unless and until all applications and other forms have 
been approved, the concrete products facility continues to violate 
Title V.
---------------------------------------------------------------------------

    \19\ This refers to the provisions of Title V (Permits) of the 
Act (42 U.S.C. 7661, 7661a-7661f) and the implementing regulations 
under 40 CFR part 70 (State Operating Permit Programs). Texas' Title 
V program was approved in a separate action. See 66 FR 63318 
(December 6, 2001). Thus, approval of the Texas Title V program is 
not part of this action, and references to it are for explanatory 
purposes only. Under the circumstances, the Texas Title V program is 
not subject to public comment or judicial review as part of this 
action.
---------------------------------------------------------------------------

    Lowerre further asserts that TCEQ has been reviewing these 
applications in piecemeal fashion. While Title V would have allowed for 
public participation, the TCEQ's piecemeal process for requiring 
applications separately, especially for the permit alteration 
applications, does not allow for public participation.
    Lowerre also alleges that the source is attempting to circumvent 
Title V and other rules that apply to major sources. The source is 
located in an area of Texas which is nonattainment for particulate 
matter. Lowerre further alleges that the source is subject to 
nonattainment review for particulate matter. The source has invented a 
circular argument in an attempt to avoid such requirements.
    Response 9: These comments relate to implementation of Section 
116.116 rather than to its approvability. This comment only points to 
an isolated case in which a source allegedly failed to apply 
appropriate limits on its potential to emit. The appropriate venue for 
resolving such allegation is through the administration and enforcement 
of the applicable requirements, not through the disapproval of the 
regulation. The regulations that we are approving herein are adequate 
to keep a source's potential to emit below defined and applicable major 
source and major modification thresholds whenever a source desires to 
limit its potential to emit below the defined and applicable major 
source and major modification thresholds. Accordingly, we are approving 
Section 116.116 as proposed.
    Comment 10: On October 24, 2001, Public Citizen commented that EPA 
should include an analysis that absence of the provisions for which EPA 
is taking no action will not create gaps or ambiguities, or impediments 
to implementation of the revised SIP.
    Response 10: We have identified no gaps or ambiguities in the 
approved SIP based upon the absence in the SIP of the provisions for 
which we are taking no action. Furthermore, other than the sections 
referring to Chapter 106, Public Citizen has identified no gaps or 
ambiguities in the regulations that we proposed to approve. Consistent 
with our response to Comment 4, we do not consider the references to 
Chapter 106 as an impediment to implementation of the revised SIP. 
Because we have not found other gaps or ambiguities, we do not consider 
the approval of these changes as an impediment to implementation of the 
revised SIP.
    Comment 11: On April 12, 2002, Public Citizen commented on Sections 
116.410-116.418. EPA should act to deny approval of Texas' Emergency 
Orders provisions at Sections 116.410-116.418. The Act in section 
110(i) provides that, with certain limited exceptions which do not 
apply here, ``no order, suspension, plan revision, or other action 
modifying any requirement of an applicable implementation plan may be 
taken with respect to any stationary source by the State or by the 
Administrator.'' The commission does not appear to be authorized to 
exempt sources from Federal SIP requirements, even during catastrophic 
conditions. The inclusion of such a provision in the SIP creates the 
impression that the commission does have such authority; it should be 
deleted.
    Response 11: We are neither approving nor disapproving (taking no 
action on) the provisions of the Texas SIP submittals relating to 
Emergency Orders in this action. We have outstanding questions 
regarding Texas' regulations concerning Emergency Orders, and they 
remain under review. We believe it would be premature to propose action 
before we resolve our outstanding questions with Texas. Our statements 
that we are taking no action

[[Page 58707]]

on the regulations for Emergency Orders should not be taken to mean 
that we never intend to act on them. We expect that we will approve or 
disapprove those provisions in future actions (unless and to the extent 
that they are withdrawn by Texas).
    Comment 12: On October 24, 2001, Public Citizen commented that EPA 
should include an analysis that State regulations that EPA is approving 
meet the NSR requirements of the CAA and 40 CFR part 51, subpart I, 
Sec. Sec.  51.160, 51.161, 51.165, and 51.166.\20\
---------------------------------------------------------------------------

    \20\ We have already approved the provisions relating to 40 CFR 
51.165 (Permit requirements) and 51.166 (Prevention of significant 
deterioration of air quality) in separate Federal Register actions. 
Thus the provisions which implement the requirements of 40 CFR 
51.165 and 51.166 are not part of this action.
---------------------------------------------------------------------------

    Response 12: With the exception of the provisions in Section 
116.116(c),\21\ the provisions that we are approving are recodification 
of previously SIP-approved provisions of Chapter 116. The recodified 
SIP provisions that we have previously approved already meet the 
provisions in 40 CFR 51.160 and 51.161. The provisions of 40 CFR 51.160 
and 51.161 have not undergone substantial change since November 7, 1986 
(51 FR 40669). Furthermore, the recodified provisions of Chapter 116 
were not substantially changed in the 1993 and 1998 submittals. Thus 
the recodified provisions continue to meet the requirements of 40 CFR 
part 51, subpart I.
---------------------------------------------------------------------------

    \21\ Additional discussion of how Section 116.116(c) meets the 
requirements of 40 CFR subpart I is contained in the direct final 
action (66 FR 48801, September 24, 2001), in section III.D of this 
action, and in our responses to Comments 7 and 8.
---------------------------------------------------------------------------

    We approved these revisions to Chapter 116 based upon our finding 
that Chapter 116 meets the requirements under 40 CFR part 51, subpart 
I. The existing regulations and the recodified provisions of the 1993 
and 1998 submittals of Chapter 116 continue to meet these provisions of 
the Act and subpart I.
    Concerning our proposed approval of Section 116.116(c) concerning 
Permit Alterations, we addressed how these provisions meet the 
requirements of 40 CFR part 51, subpart I in the September 24, 2001, 
action. See 66 FR 48801. Additional discussion is also included in our 
response to Comments 7 and 8.
    Comment 13: On October 24, 2001, Public Citizen commented that EPA 
must show to the public in another notice that Texas' implementation of 
the revised SIP is consistent with the requirements of the Act. 
Otherwise, EPA should withdraw its approvals of Texas' prevention of 
deterioration (PSD) and nonattainment (NNSR) programs and impose 
Federal regulations which implement these programs.
    Response 13: This action is a recodification of existing provisions 
of the SIP (except for our approval of Section 116.116(c)). We approved 
the existing provisions based upon our determination that they meet the 
applicable provisions of section 110(a)(3)(A) of the Act and the 
regulations under 40 CFR part 51, subpart I--Review of New Sources and 
Modifications. The recodified provisions continue to meet the 
requirements of 40 CFR subpart I and are discussed in response to 
Comment 12. Public Citizen has provided no information which 
demonstrates any failure by Texas to implement these requirements in a 
manner consistent with the Act. Accordingly, we are proceeding with 
approval of these provisions.
    Concerning the comment that EPA should withdraw its approvals of 
Texas' PSD and NNSR programs, the commenter provided no information 
under which we could take such action. We approved these provisions in 
separate actions as discussed in section III.C of this action. These 
prior actions approving the PSD and NNSR programs contain the 
documentation which demonstrates that these regulations meet the 
requirements of the Act. Because the provisions relating to NNSR and 
PSD are already approved as part of the SIP, they are not part of this 
action, and references to them are for explanatory purposes only. Under 
the circumstances, the provisions for NNSR and PSD are not subject to 
public comment or judicial review as part of this action.
    Comment 14: On October 24, 2001, Public Citizen commented that it 
does not agree that the proposed changes are ``nonsubstantive'' as 
indicated in the proposal; and is concerned that certain changes are 
substantive. As an example, Public Citizen argued that the September 
24, 2001, action did not mention that Texas repealed operating permit 
requirements formerly codified in Section 116.3. These SIP approved 
operating permits requirements apply to minor sources and modifications 
as well as to major sources, and thus have not been wholly replaced by 
the State's Title V operating permits program. Public Citizen believes 
that the removal of the State Operating Permitting provisions is a 
significant change. Further, Public Citizen commented that EPA failed 
to provide proper notice of the repeal of this permitting program from 
the SIP.
    On April 12, 2002, Public Citizen further commented that the 
removal of the operating permit provisions from the SIP is a 
significant substantive change. The operating permit provisions ensured 
that facilities actually constructed their plants in accordance with 
their permits and the representations in their applications and that 
the plants, as constructed, could meet emissions limits and rates 
specified in permits and applications. The Chapter 122 Title V 
operating permit program does not cover all sources covered by former 
Sections 116.1 and 116.3 and does not serve the same purpose as the 
Chapter 116 operating permit program. Public Citizen does not believe 
that EPA has demonstrated that the removal of operating permit 
requirements from the SIP will not interfere with attainment.
    Response 14: Our proposal includes the repeal of the former 
provisions for Texas' state operating permits under Section 116.3(b). 
Section 116.3(b) provided that the TCEQ would grant an operating permit 
when specific demonstrations are made. In the 1993 submittal, Texas 
repealed Section 116.3(b) and replaced it with Section 116.110(b)--
Operations Certification. The TCEQ later repealed Section 116.110(b) in 
the 1998 submittal. Thus, we did not approve Section 116.110(b) as 
submitted in 1993. Because the 1993 and 1998 submittals together 
repealed Texas' former regulations for State Operating Permits and for 
Operations Certification, these provisions are no longer part of Texas' 
permitting program. Because the repeal of these provisions were 
submitted as SIP revisions, we must act on them.
    Texas' repeal of its state operating permits provisions is not a 
significant change in the SIP. The provisions of Chapter 116 that we 
proposed to approve continue to require sources to meet the conditions 
that were formerly required under Section 116.3(b). This is shown by 
comparing the former requirements of Section 116.3(b) to provisions of 
Chapter 116 that we proposed to approve. Our evaluation follows.
    Section 116.3(b)(1) required the facility to comply with the Rules 
and Regulations of the TCEQ and the intent of the Texas Clean Air Act. 
This is now required under Section 116.111(2)(A) which provides that 
each preconstruction permit must ensure that the emissions ``comply 
with all rules and regulations of the commission and with the intent of 
the TCAA, including protection of the health and physical property of 
the people.''

[[Page 58708]]

    Section 116.3(b)(2) required the facility to be constructed and 
operated in accordance with the requirements and conditions contained 
in the permit to construct. This is now required under Section 
116.115(c) which requires sources to comply with the special conditions 
contained in the permit document.
    Section 116.3(b)(2) required the facility to be constructed and 
operated in accordance with the requirements and conditions contained 
in the permit to construct. This is now required under Section 
116.115(c) which requires sources to comply with the special conditions 
contained in the permit document. Section 116.116(a) provides that 
permits are issued under the condition that the source meet 
representations with regard to construction plans and operation 
procedures in the permit application; and meet any general and special 
conditions attached to the permit. Section 116.116(b) further provides 
that a permit holder shall not vary from any representation or permit 
condition without obtaining a permit amendment, if the change would 
cause: a change in the method of control, a change in the character of 
the emissions, or an increase in emissions rate of any air contaminant.
    Section 116.3(b)(3) required the facility to comply with applicable 
new source performance standards promulgated by EPA under section 111 
of the Act, as amended. This is now required under Section 
116.111(2)(D) which provides that the preconstruction permit must 
require compliance with applicable new source performance standard 
promulgated under 40 CFR part 60.
    Section 116.3(b)(4) required the facility to comply with applicable 
emission standard for hazardous air pollutants promulgated by EPA under 
section 112 of the Act, as amended. This is now required under Section 
116.111(2)(E), which provides that the preconstruction permit must 
require compliance with applicable National Emission Standards for 
Hazardous Air Pollutants promulgated under 40 CFR part 61; and Section 
116.111(2)(F), which provides that the preconstruction permit must 
require compliance with applicable requirements of any National 
Emission Standards for Hazardous Air Pollutants for Source Categories 
under 40 CFR part 63.
    Accordingly, permitted sources must continue to meet the 
requirements which formerly existed in Section 116.3(b). The repeal of 
Section 116.3(b) from the SIP is not a relaxation, as its requirements 
now exist in other provisions of Chapter 116. Therefore, our approval 
of Texas' repeal of Section 116.3(b) from the SIP is not a substantive 
change to the SIP.
    We also do not agree that we failed to provide proper notice of the 
repeal of the State Operating Permit program from the SIP. This was 
clearly provided for in the September 24, 2001, action. We clearly 
stated that the proposed action was to replace the existing SIP with 
the recodified regulations that Texas submitted in 1993 and 1998. 
Specifically, we proposed to delete the existing Section 116.3, which 
includes Section 116.3(b). See 66 FR 48804. The repeal of Section 
116.3(b) was submitted as part of the 1993 submittal which included the 
basis for its repeal. Consequently, the record of the repeal of Section 
116.3(b) was part of the 1993 submittal.
    Public Citizen provided no information to support its claim that 
other changes to the recodified provisions are substantive. 
Accordingly, we find that the recodified provisions of Chapter 116 are 
nonsubstantive as documented in the TSD for the proposed action.
    Comment 15: On April 12, 2002, Public Citizen commented on Section 
116.10(5), which is the definition of ``federally enforceable.'' The 
list of Federally enforceable limitations and conditions should include 
all conditions of Texas' Title V operating permits issued pursuant to 
Chapter 122.
    Response 15: Texas' definition of ``federally enforceable'' in 
Section 116.10(5) includes each of the items specified in the Federal 
definitions of that term in 40 CFR 51.165(a)(1)(xiv) and 
51.166(b)(17).\22\ The Federal definitions do not require a State to 
include conditions of permits issued under Title V of the Act as 
Federally enforceable requirements. Because Texas' definition of 
``federally enforceable'' meets requirements of the Federal 
definitions, it satisfies the requirements of 40 CFR part 51, subpart 
I. Accordingly, Texas' definition of ``federally enforceable'' is 
approvable.
---------------------------------------------------------------------------

    \22\ ``Federally enforceable'' is defined in both 40 CFR 
51.165(a)(1)(xiv) and 51.166(b)(17) to mean:
    * * * all limitations and conditions which are enforceable by 
the Administrator, including those requirements developed pursuant 
to 40 CFR parts 60 and 61, requirements within any applicable State 
implementation plan, any permit requirements established pursuant to 
40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 
51, subpart I, including operating permits issued under an EPA-
approved program that is incorporated into the State implementation 
plan and expressly requires adherence to any permit issued under 
such program.
---------------------------------------------------------------------------

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority

[[Page 58709]]

to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 18, 2002. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 10, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.

    Part 52, chapter I, Title 40 of the Code of Federal Regulations 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 et seq.

Subpart SS--Texas

    2. In Sec.  52.2270 the table in paragraph (c) is amended by 
deleting all existing entries under Chapter 116 and replacing them with 
new entries as shown below:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                      State approval/
        State citation             Title/subject      submittal date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
Section 116.6................  Exemptions...........        03/27/75  08/13/82, 47 FR
                                                                       35194.
------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.10...............  General Definitions..        06/17/98  09/18/02 and FR cite  The SIP does not
                                                                                             include Sections
                                                                                             116.10(1), (2),
                                                                                             (3), (4), (6), (8),
                                                                                             (9), (10), and
                                                                                             (14).
Section 116.11...............  Compliance History           06/17/98  09/18/02 and FR
                                Definitions.                           cite.
Section 116.12...............  Nonattainment Review         02/24/99  07/17/00, 65 FR
                                Definitions.                           43994.
------------------------------
                                     Subchapter B--New Source Review Permits
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.110..............  Applicability........        06/17/98  09/18/02 and FR cite  The SIP does not
                                                                                             include Sections
                                                                                             116.110(a)(2),
                                                                                             (a)(3), and (c).
Section 116.111..............  General Application..        06/17/98  09/18/02 and FR cite  The SIP does not
                                                                                             include Section
                                                                                             116.111(2)(K).
Section 116.112..............  Distance Limitations.        06/17/98  09/18/02 and FR
                                                                       cite.
Section 116.114..............  Application Review           06/17/98  09/18/02 and FR
                                Schedule.                              cite.
Section 116.115..............  Special Provisions...    06/17/98 and  09/18/02............  The SIP does not
                                                             FR cite                         include Sections
                                                                                             116.115(b),
                                                                                             (c)(2)(A)(i), and
                                                                                             (c)(2)(B)(ii)(I).
Section 116.116..............  Amendments and               06/17/98  09/18/02 and FR cite  The SIP does not
                                Alterations.                                                 include Sections
                                                                                             116.116(b)(3), (e),
                                                                                             and (f).
------------------------------

[[Page 58710]]

 
                                         Division 2--Compliance History
----------------------------------------------------------------------------------------------------------------
Section 116.120..............  Applicability........        06/17/98  09/18/02 and FR
                                                                       cite.
Section 116.121..............  Exemptions...........        06/17/98  09/18/02 and FR
                                                                       cite.
Section 116.122..............  Contents of                  06/17/98  09/18/02 and FR
                                Compliance History.                    cite.
Section 116.123..............  Effective Dates......        06/17/98  09/18/02 and FR
                                                                       cite.
Section 116.124..............  Public Notice of             06/17/98  09/18/02 and
                                Compliance History.                    FRccite.
Section 116.125..............  Preservation of              06/17/98  09/18/02 and FR
                                Existing Rights and                    cite.
                                Procedures.
Section 116.126..............  Voidance of Permit           06/17/98  09/18/02 and FR
                                Applications.                          cite.
------------------------------
                                            Division 3--Public Notice
----------------------------------------------------------------------------------------------------------------
Section 116.130..............  Applicability........        06/17/98  09/18/02 and FR cite  The SIP does not
                                                                                             include Section
                                                                                             116.130(c).
Section 116.131..............  Public Notification          06/17/98  09/18/02 and FR
                                Requirements.                          cite.
Section 116.132..............  Public Notice Format.        06/17/98  09/18/02 and FR cite  The SIP does not
                                                                                             include Sections
                                                                                             116.132(c) and (d).
Section 116.133..............  Sign Posting                 06/17/98  09/18/02 and FR cite  The SIP does not
                                Requirements.                                                include Sections
                                                                                             116.133(f) and (g).
Section 116.134..............  Notification of              06/17/98  09/18/02 and FR
                                Affected Agencies.                     cite.
Section 116.136..............  Public Comment               08/16/93  09/18/02 and FR
                                Procedures.                            cite.
Section 116.137..............  Notification of Final        06/17/98  09/18/02 and FR
                                Action by the                          cite.
                                Commission.
------------------------------
                                             Division 4--Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 116.140..............  Applicability........        06/17/98  09/18/02 and FR cite
Section 116.141..............  Determination of Fees        06/17/98  09/18/02 and FR
                                                                       cite.
Section 116.143..............  Payment of Fees......        06/17/98  09/18/02 and FR
                                                                       cite.
------------------------------
                                        Division 5--Nonattainment Review
----------------------------------------------------------------------------------------------------------------
Section 116.150..............  New Major Source or          02/24/99  07/17/00, 65 FR
                                Major Modification                     43986.
                                in Ozone
                                Nonattainment Area.
Section 116.151..............  New Major Source or          03/18/98  07/17/00, 65 FR
                                Major Modification                     43986.
                                in Nonattainment
                                Area Other than
                                Ozone.
------------------------------
                           Division 6--Prevention of Significant Deterioration Review
----------------------------------------------------------------------------------------------------------------
Section 116.160..............  Prevention of                06/17/98  09/18/02 and FR
                                Significant                            cite.
                                Deterioration Review
                                Requirements.
Section 116.161..............  Source Located in an         06/17/98  09/18/02 and FR
                                Attainment Area with                   cite.
                                Greater than De
                                Minimis Impact.
Section 116.162..............  Evaluation of Air            08/16/93  08/19/97, 62 FR
                                Quality Impacts.                       44083.
Section 116.163..............  Prevention of                08/16/93  08/19/97, 62 FR
                                Significant                            44083.
                                Deterioration
                                Permits Fees.
------------------------------
                                    Division 7--Emission Reductions: Offsets
----------------------------------------------------------------------------------------------------------------
Section 116.170..............  Applicability of             06/17/98  09/18/02 and FR cite  The SIP does not
                                Reduction Credits.                                           include Section
                                                                                             116.170(2).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 58711]]

[FR Doc. 02-23584 Filed 9-17-02; 8:45 am]
BILLING CODE 6560-50-P