[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30270-30275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14450]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[TX-29-1-6085a; FRL-5834-2]
Designation of Areas for Air Quality Planning Purposes; Texas;
Revised Geographical Designation of Certain Air Quality Control Regions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule and correction of error.
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SUMMARY: This action approves a July 2, 1993, request by the Governor
of Texas to revise the geographical boundaries of seven Air Quality
Control Regions (AQCRs) in the State of Texas to conform with the Texas
Natural Resource Conservation Commission (TNRCC) regional boundaries.
This action also corrects an error in the list of counties for another
AQCR in Texas.
DATES: This action is effective on August 4, 1997 unless adverse or
critical comments are received by July 3, 1997. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Copies of documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Anyone wanting to examine these documents should
make an appointment with the appropriate office at least two working
days in advance.
Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), Multimedia Planning and Permitting Division, One Fountain
Place, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Texas Natural Resource Conservation Commission, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Bill Deese of EPA Region 6 Air
Planning Section at (214) 665-7253 and at the Region 6 address above.
SUPPLEMENTARY INFORMATION:
I. Background
The boundaries of AQCRs designated by the Administrator of the EPA
pursuant to section 107 of the Clean Air Act (the Act) are codified in
40 CFR 81, subpart B--Designation of Air Quality Control Regions. Below
is a list of the twelve AQCRs located partly or entirely in the State
of Texas. The section of 40 CFR 81 subpart B where the boundary of the
AQCR is defined is given in parenthesis following the name of the AQCR.
AQCR 022--Shreveport-Texarkana-Tyler Interstate (81.94)
AQCR 106--Southern Louisiana-Southeast Texas Interstate (81.53)
AQCR 153--El Paso-Las Cruces-Alamagordo Interstate (81.82)
AQCR 210--Abilene-Wichita Falls Intrastate (81.132)
AQCR 211--Amarillo-Lubbock Intrastate (81.133)
AQCR 212--Austin-Waco Intrastate (81.134)
AQCR 213--Brownsville-Laredo Intrastate (81.135)
AQCR 214--Corpus Christi-Victoria Intrastate (81.136)
AQCR 215--Metropolitan Dallas-Fort Worth Intrastate (81.039)
AQCR 216--Metropolitan Houston-Galveston Intrastate (81.038)
AQCR 217--Metropolitan San Antonio Intrastate (81.040)
AQCR 218--Midland-Odessa-San Angelo Intrastate (81.137)
Section 107(e) of the Act permits a state to request realignment of
AQCRs within the state if the state determines that the realignment
will provide for more efficient and effective air quality management.
The state must have the
[[Page 30271]]
permission of the governor of a neighboring state if the realignment
will significantly affect the neighboring state.
II. State Submittal
On May 11, 1993, the Texas Air Control Board (TACB) adopted
Resolution Number 93-16 reassigning the TACB regional boundaries. This
State action was taken in response to a May 29, 1992, directive from
the State Comptroller and the Commissioner of Health and Human Services
establishing uniform service regions. This was to result in more
effective and efficient air quality management and delivery of air
quality control service to the citizens of the State.
The Governor of Texas submitted to EPA on July 2, 1993, a request
to revise the geographical boundaries of seven AQCRs in the State by
transferring a total of nine counties from three AQCRs to four adjacent
AQCRs. The requested changes would revise the boundaries of the
existing AQCRs to be consistent with the newly designated TACB regional
boundaries.
The TACB merged with the former Texas Department of Water Resources
to become the TNRCC on September 1, 1993. The TNRCC is also subject to
the May 29, 1992, directive so its regional boundaries are the same as
the submitted regional boundaries. Therefore this action is being
approved for the TNRCC.
This action is making the following changes to the boundaries of
the Texas AQCRs as requested by the Governor:
1. Coke, Concho, Menard, and McCulloch Counties are being moved
from the Abilene-Wichita Falls Intrastate AQCR to the Midland-Odessa-
San Angelo Intrastate AQCR.
2. Childress County is being moved from the Abilene-Wichita Falls
Intrastate AQCR to the Amarillo-Lubbock Intrastate AQCR.
3. Walker County is being moved from the Southern Louisiana-
Southeast Texas Interstate AQCR to the Metropolitan Houston-Galveston
Intrastate AQCR.
4. Mason and Kimble Counties are being moved from the Metropolitan
San Antonio Intrastate AQCR to the Midland-Odessa-San Angelo Intrastate
AQCR.
5. Gonzales County is being moved from the Metropolitan San Antonio
Intrastate AQCR to the Corpus Christi-Victoria Intrastate AQCR.
All of the affected counties are presently designated as attainment
for the National Ambient Air Quality Standards. Reassignment of the
counties from one AQCR to another should not cause significant impact
on the air quality of any of the counties involved.
The transfer of Walker County from the Southern Louisiana-Southeast
Texas Interstate AQCR to the Metropolitan Houston-Galveston Intrastate
AQCR is the only action affecting an interstate AQCR or AQCRs with
nonattainment counties. Walker County is in attainment for all of the
criteria pollutants. Therefore the transfer will not affect the status
of either AQCR. The Governor of Texas does not need the permission of
the Governor of Louisiana because Walker County is in attainment and is
more than 75 miles (120 kilometers) from the Louisiana-Texas border.
Therefore the transfer will not have a significant effect on the State
of Louisiana.
This action also corrects an error made in the revision to the
geographical designation of certain Texas AQCRs approved in the Federal
Register on August 6, 1991 (56 FR 37288). On page 37289 of the August
6, 1991, action, EPA inadvertently left Mills County out of the list of
counties in the Austin-Waco Intrastate Air Quality Control Region. This
action corrects the error by adding Mills County to the list of
counties in 40 CFR 81.134. Mills County is already correctly listed in
the tables in 40 CFR 81.344 for Texas.
III. Final Action
The EPA is approving a July 2, 1993, request by the Governor of
Texas to revise the boundaries of seven AQCRs in Texas by transferring
a total of nine counties from three AQCRs to four adjacent AQCRs. The
EPA is also correcting an error in the list of counties in 40 CFR
81.134 by adding Mills County.
The EPA is publishing this action without prior proposal because
the Agency views this as noncontroversial amendments and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve this revision to the
geographical boundaries of Texas AQCRs should adverse or critical
comments be filed. This action will be effective August 4, 1997 unless,
by July 3, 1997, adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent action that will withdraw
the final action. All public comments received will be addressed in a
subsequent final rule based on this action serving as a proposed rule.
The EPA will not institute a second comment period on this action. Any
parties interested in commenting on this action should do so at this
time. If no such comments are received, the public is advised that this
action will be effective August 4, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revisions to the geographical boundaries of AQCRs. Each request for
revisions to the geographical boundaries of AQCRs shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
IV. Administrative Requirements
A. Executive Order (E.O.) 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities. See 5 U.S.C. Secs. 603
and 604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Approvals under section 107(e) of the Act do not create any new
requirements but simply approve requirements that the State is already
imposing. Therefore, because the Federal approval does not impose any
new requirements, I certify that it does not have a significant impact
on any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the Act, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of State action. The Act forbids EPA to base its actions
on such grounds. See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-
66 (1976); 42 U.S.C. Sec. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule
[[Page 30272]]
that includes a Federal mandate that may result in estimated costs to
State, local, or tribal governments in the aggregate; or to the private
sector, of $100 million or more. Under section 205, EPA must select the
most cost-effective and least burdensome alternative that achieves the
objectives of the rule and is consistent with statutory requirements.
Section 203 requires EPA to establish a plan for informing and advising
any small governments that may be significantly or uniquely impacted by
the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
preexisting requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. Sec. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. Sec. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 4, 1997. 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 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 22, 1997.
Myron O. Knudson,
Acting Regional Administrator.
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--Designation of Air Quality Control Regions
2. Section 81.38 is amended by revising the entry for Texas to read
as follows:
Sec. 81.38 Metropolitan Houston-Galveston Intrastate Air Quality
Control Region.
* * * * *
In the State of Texas: Austin County, Brazoria County, Chambers
County, Colorado County, Fort Bend County, Galveston County, Harris
County, Liberty County, Matagorda County, Montgomery County, Walker
County, Waller County, Wharton County.
3. Section 81.40 is amended by revising the entry for Texas to read
as follows:
Sec. 81.40 Metropolitan San Antonio Intrastate Air Quality Control
Region.
* * * * *
In the State of Texas: Atascosa County, Bandera County, Bexar
County, Comal County, Dimmit County, Edwards County, Frio County,
Gillespie County, Guadalupe County, Karnes County, Kendall County, Kerr
County, Kinney County, La Salle County, Maverick County, Medina County,
Real County, Uvalde County, Val Verde County, Wilson County, Zavala
County.
4. Section 81.53 is amended by revising the entry for Texas to read
as follows:
Sec. 81.53 Southern Louisiana-Southeast Texas Interstate Air Quality
Control Region.
* * * * *
In the State of Texas: Angelina County, Hardin County, Houston
County, Jasper County, Jefferson County, Nacogdoches County, Newton
County, Orange County, Polk County, Sabine County, San Augustine
County, San Jacinto County, Shelby County, Trinity County, Tyler
County.
5. Section 81.132 is amended by revising the entry for Texas to
read as follows:
Sec. 81.132 Abilene-Wichita Falls Intrastate Air Quality Control
Region.
* * * * *
In the State of Texas: Archer County, Baylor County, Brown
County, Callahan County, Clay County, Coleman County, Comanche
County, Cottle County, Eastland County, Fisher County, Foard County,
Hardeman County, Haskell County, Jack County, Jones County, Kent
County, Knox County, Mitchell County, Montague County, Nolan County,
Runnels County, Scurry County, Shackelford County, Stephens County,
Stonewall County, Taylor County, Throckmorton County, Wichita
County, Wilbarger County, Young County.
6. Section 81.133 is amended by revising the entry for Texas to
read as follows:
Sec. 81.133 Amarillo-Lubbock Intrastate Air Quality Control Region.
* * * * *
In the State of Texas: Armstrong County, Bailey County, Briscoe
County, Carson County, Castro County, Childress County, Cochran
County, Collingsworth County, Crosby County, Dallam County, Deaf
Smith County, Dickens County, Donley County, Floyd County, Garza
County, Gray County, Hale County, Hall County, Hansford County,
Hartley County, Hemphill County, Hockley County, Hutchinson County,
King County, Lamb County, Lipscomb County, Lubbock County, Lynn
County, Moore County, Motley County, Ochiltree County, Oldham
County, Parmer County, Potter County, Randall County, Roberts
County, Sherman County, Swisher County, Terry County, Wheeler
County, Yoakum County.
7. Section 81.134 is amended by revising the entry for repos to
read as follows:
Sec. 81.134 Austin-Waco Intrastate Air Quality Control Region.
* * * * *
In the State of Texas: Bastrop County, Bell County, Blanco
County, Bosque County, Brazos County, Burleson County, Burnet
County, Caldwell County, Coryell County, Falls County, Fayette
County, Freestone County, Grimes County, Hamilton County, Hays
County, Hill County, Lampasas County, Lee County, Leon County,
Limestone County, Llano County, Madison County, McLennan County,
Milam County, Mills County, Robertson County, San Saba County,
Travis County, Washington County, Williamson County.
8. Section 81.136 is amended by revising the entry for Texas to
read as follows:
Sec. 81.136 Corpus Christi-Victoria Intrastate Air Quality Control
Region.
* * * * *
In the State of Texas: Aransas County, Bee County, Brooks
County, Calhoun County, De Witt County, Duval County, Goliad County,
Gonzales County, Jackson County, Jim Wells County, Kenedy County,
Kleberg County, Lavaca County, Live Oak County, McMullen County,
Nueces County, Refugio County, San Patricio County, Victoria County.
9. Section 81.137 is amended by revising the entry for Texas to
read as follows:
[[Page 30273]]
Sec. 81.137 Midland-Odessa-San Angelo Intrastate Air Quality Control
Region.
* * * * *
In the State of Texas: Andrews County, Borden County, Coke
County, Concho County, Crane County, Crockett County, Dawson County,
Ector County, Gaines County, Glasscock County, Howard County, Irion
County, Kimble County, Loving County, Martin County, Mason County,
McCulloch County, Menard County, Midland County, Pecos County,
Reagan County, Reeves County, Schleicher County, Sterling County,
Sutton County, Terrell County, Tom Green County, Upton County, Ward
County, Winkler County.
Subpart C--Section 107 Attainment Status Designations
10. In Sec. 81.344, the carbon monoxide table and the ozone table
are amended by revising the lists of counties in AQCRs 106, 210, 211,
214, 216, 217, and 218 to read as follows:
Sec. 81.344 Texas.
* * * * *
Texas--Carbon Monoxide
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
AQCR 106 Southern Louisiana-S.E. Texas ........... Unclassifiable/Attainment................
Interstate.
Angelina County, Hardin County,
Houston County, Jasper County,
Jefferson County, Nacogdoches
County, Newton County, Orange
County, Polk County, Sabine County,
San Augustine County, San Jacinto
County, Shelby County, Trinity
County, Tyler County
* * * * * * *
AQCR 210 Abilene-Wichita Falls ........... Unclassifiable/ Attainment...............
Intrastate.
Archer County, Baylor County, Brown
County, Callahan County, Clay
County, Coleman County, Comanche
County, Cottle County, Eastland
County, Fisher County, Foard
County, Hardeman County, Haskell
County, Jack County, Jones County,
Kent County, Knox County, Mitchell
County, Montague County, Nolan
County, Runnels County, Scurry
County, Shackelford County,
Stephens County, Stonewall County,
Taylor County, Throckmorton County,
Wichita County, Wilbarger County,
Young County
AQCR 211 Amarillo-Lubbock Intrastate.... ........... Unclassifiable/Attainment................
Armstrong County, Bailey County,
Briscoe County, Carson County,
Castro County, Childress County,
Cochran County, Collingsworth
County, Crosby County, Dallam
County, Deaf Smith County, Dickens
County, Donley County, Floyd
County, Garza County, Gray County,
Hale County, Hall County, Hansford
County, Hartley County, Hemphill
County, Hockley County, Hutchinson
County, King County, Lamb County,
Lipscomb County, Lubbock County,
Lynn County, Moore County, Motley
County, Ochiltree County, Oldham
County, Parmer County, Potter
County, Candall County, Roberts
County, Sherman County, Swisher
County, Terry County, Wheeler
County, Yoakum County
* * * * * * *
AQCR 214 Corpus Christi-Victoria ........... Unclassifiable/Attainment................
Intrastate.
Aransas County, Bee County, Brooks
County, Calhoun County, De Witt
County, Duval County, Goliad
County, Gonzales County, Jackson
County, Jim Wells County, Kenedy
County, Kleberg County, Lavaca
County, Live Oak County, McMullen
County, Nueces County, Refugio
County, San Patricio County,
Victoria County
* * * * * * *
AQCR 216 Metropolitan Houston-Galveston ........... Unclassifiable/Attainment................
Intrastate.
[[Page 30274]]
Austin County, Brazoria County,
Chambers County, Colorado County,
Fort Bend County, Galveston County,
Harris County, Liberty County,
Matagorda County, Montgomery
County, Walker County, Waller
County, Wharton County
AQCR 217 Metropolitan San Antonio ........... Unclassifiable/Attainment................
Intrastate.
Atascosa County, Bandera County,
Bexar County, Comal County, Dimmit
County, Edwards County, Frio
County, Gillespie County, Guadalupe
County, Karnes County, Kendall
County, Kerr County, Kinney County,
La Salle County, Maverick County,
Medina County, Real County, Uvalde
County, Val Verde County, Wilson
County, Zavala County
AQCR 218 Midland-Odessa-San Angelo ........... Unclassifiable/Attainment................
Intrastate.
Andrews County, Borden County, Coke
County, Concho County, Crane
County, Crockett County, Dawson
County, Ector County, Gaines
County, Glasscock County, Howard
County, Irion County, Kimble
County, Loving County, Martin
County, Mason County, McCulloch
County, Menard County, Midland
County, Pecos County, Reagan
County, Reeves County, Schleicher
County, Sterling County, Sutton
County, Terrell County, Tom Green
County, Upton County, Ward County,
Winkler County
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\1\This date is November 15, 1990, unless otherwise noted.
* * * * *
Texas--Ozone
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
AQCR 106 S Louisiana-SE Texas Interstate ........... Unclassifiable/Attainment................ ........... .........................................
(Remainder of).
Angelina County, Houston County,
Jasper County, Nacogdoches County,
Newton County, Polk County, Sabine
County, San Augustine County, San
Jacinto County, Shelby County,
Trinity County, Tyler County
* * * * * * *
AQCR 210 Abilene-Wichita Falls ........... Unclassifiable/Attainment................ ........... .........................................
Intrastate.
Archer County, Baylor County, Brown
County, Callahan County, Clay
County, Coleman County, Comanche
County, Cottle County, Eastland
County, Fisher County, Foard
County, Hardeman County, Haskell
County, Jack County, Jones County,
Kent County, Knox County, Mitchell
County, Montague County, Nolan
County, Runnels County, Scurry
County, Shackelford County,
Stephens County, Stonewall County,
Taylor County, Throckmorton County,
Wichita County, Wilbarger County,
Young County
AQCR 211 Amarillo-Lubbock Intrastate.... ........... Unclassifiable/Attainment................ ........... .........................................
[[Page 30275]]
Armstrong County, Bailey County,
Briscoe County, Carson County,
Castro County, Childress County,
Cochran County, Collingsworth
County, Crosby County, Dallam
County, Deaf Smith County, Dickens
County, Donley County, Floyd
County, Garza County, Gray County,
Hale County, Hall County, Hansford
County, Hartley County, Hemphill
County, Hockley County, Hutchinson
County, King County, Lamb County,
Lipscomb County, Lubbock County,
Lynn County, Moore County, Motley
County, Ochiltree County, Oldham
County, Parmer County, Potter
County, Randall County, Roberts
County, Sherman County, Swisher
County, Terry County, Wheeler
County, Yoakum County
* * * * * * *
AQCR 214 Corpus Christi-Victoria ........... Unclassifiable/Attainment................ ........... .........................................
Intrastate (Remainder of).
Aransas County, Bee County, Brooks
County, Calhoun County, De Witt
County, Duval County, Goliad
County, Gonzales County, Jackson
County, Jim Wells County, Kenedy
County, Kleberg County, Lavaca
County, Live Oak County, McMullen
County, Refugio County, San
Patricio County,
AQCR 214 Corpus Christi-Victoria ........... Unclassifiable/Attainment................ ........... .........................................
Intrastate (part).
Nueces County
* * * * * * *
AQCR 216 Metro Houston-Galveston ........... Unclassifiable/Attainment................ ........... .........................................
Intrastate (Remainder of).
Austin County, Colorado County,
Matagorda County, Walker County,
Wharton County
AQCR 217 Metro San Antonio Intrastate ........... Unclassifiable/Attainment................ ........... .........................................
(part).
Bexar County
AQCR 217 Metro San Antonio Intrastate
(Remainder of).
Atascosa County, Bandera County,
Comal County, Dimmit County,
Edwards County, Frio County,
Gillespie County, Guadalupe County,
Karnes County, Kendall County, Kerr
County, Kinney County, La Salle
County, Maverick County, Medina
County, Real County, Uvalde County,
Val Verde County, Wilson County,
Zavala County
AQCR 218 Midland-Odessa-San Angelo ........... Unclassifiable/Attainment................ ........... .........................................
Intrastate (part).
Ector County
AQCR 218 Midland-Odessa-San Angelo ........... Unclassifiable/Attainment................ ........... .........................................
Intrastate (Remainder of).
Andrews County, Borden County, Coke
County, Concho County, Crane
County, Crockett County, Dawson
County, Gaines County, Glasscock
County, Howard County, Irion
County, Kimble County, Loving
County, Martin County, Mason
County, McCulloch County, Menard
County, Midland County, Pecos
County, Reagan County, Reeves
County, Schleicher County, Sterling
County, Sutton County, Terrell
County, Tom Green County, Upton
County, Ward County, Winkler County
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\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 97-14450 Filed 6-2-97; 8:45 am]
BILLING CODE 6560-50-P
