[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Rules and Regulations]
[Pages 44083-44089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21803]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TX60-1-7269; FRL-5870-1]
Clean Air Act (Act) Approval and Promulgation of State
Implementation Plans (SIP); Texas; Prevention of Significant
Deterioration (PSD) Increments for Particulate Matter Less Than 10
Microns in Diameter (PM-10); Designation of Areas for Air Quality
Planning Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves changes to the PSD permitting regulations
which were submitted as a revision to the SIP for Texas and approves
the State's recodification of its PSD provisions. This SIP revision
replaces the PSD increments for total suspended particulate (TSP)
matter with increments for PM-10. In conjunction with this approval,
EPA is also removing the TSP area designation tables in 40 CFR part 81
for Texas. With the PM-10 increments becoming effective in Texas, the
TSP area designations no longer serve any useful purpose relative to
PSD.
DATES: This action is effective on October 20, 1997 unless notice is
postmarked by September 18, 1997 that someone wishes to submit adverse
or critical comments. If the effective date is delayed, timely notice
will be published in the Federal Register (FR).
[[Page 44084]]
ADDRESSES: Written comments on this action should be addressed to Mrs.
Jole C. Luehrs, Chief, Air Permits Section (6PD-R), 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. The interested persons 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, Multimedia Planning and
Permitting Division, First Interstate Bank Building, 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.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, S.W.,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Reverdie Daron Page, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7222.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA replaced the TSP increments with increments for PM-10 on
June 3, 1993 (58 FR 31622). The EPA promulgated this revision to the
Federal PSD permitting regulations in 40 CFR 52.21, as well as to the
PSD permitting requirements that State programs must meet in order to
be approved into the SIP in 40 CFR 51.166. The EPA or its delegated
State programs were required to begin implementation of the PM-10
increments by June 3, 1994, while the implementation date for States
with SIP-approved PSD permitting programs (including Texas) will be the
date on which EPA approves each revised State PSD program containing
the PM-10 increments. In accordance with 40 CFR 51.166(a)(6)(i), each
State with a SIP-approved PSD program was required to adopt the PM-10
increment requirements within nine months of the effective date (or by
March 3, 1995). For further background regarding the PM-10 increments,
see the June 3, 1993, Federal Register document.
In order to address the PM-10 increments, the State of Texas
revised 30 Texas Administrative Code (TAC) Chapter 116, Section
116.160(a). The EPA has reviewed this revision and has found that the
revision addresses all of the required regulatory revisions for PM-10
increments.
The EPA originally approved the Texas PSD SIP in the Federal
Register on June 24, 1992 (57 FR 28093). This approval gave the Texas
Natural Resource Conservation Commission (TNRCC) (formerly the Texas
Air Control Board (TACB)) direct authority, as of July 24, 1992, to
issue and enforce PSD permits in most areas of Texas, with the
limitations described in the notice. The State incorporated by
reference, with certain exceptions, the regulations in 40 CFR 52.21, as
they existed on August 1, 1987, into Section 116.3(a)(13) of TACB
Regulation VI, ``Control of Air Pollution by Permits for New
Construction or Modification.'' At the time the revisions were adopted
by TACB and approved by EPA, Regulation VI was codified in Chapter 116
of Title 31 of the TAC.
The Governor of Texas submitted to EPA on February 18, 1991, a
revision to Section 116.3(a)(13) of TACB Regulation VI. This revision
changed the date in Section 116.3(a)(13) from ``August 1, 1987'' to
``October 17, 1988'' to reflect the amendments to 40 CFR 52.21 as
promulgated in the Federal Register on October 17, 1988 (53 FR 40656)
(Nitrogen Oxides PSD increments). The EPA approved this revision to
Section 116.3(a)(13) on September 9, 1994 (59 FR 46556).
The Governor of Texas submitted to EPA on May 13, 1992, a revision
to redesignate Section 116.3(a)(13) to Section 116.3(a)(11), with minor
changes thereto. The EPA approved this revision on September 27, 1995
(60 FR 49788).
On August 16, 1993, the TACB repealed Regulation VI (31 TAC Chapter
116), ``Control of Air Pollution by Permits for New Construction or
Modification,'' and adopted a recodified and revised Regulation VI (31
TAC Chapter 116) with the same name. The recodified and revised
Regulation VI was submitted to EPA as a revision to the Texas SIP on
August 31, 1993.
The TACB merged with the former Texas Water Commission to become
the Texas Natural Resource Conservation Commission (TNRCC) on September
1, 1993. The TACB air quality control regulations were transferred from
Title 31 of the Texas Administrative Code (31 TAC) to Title 30 of the
Texas Administrative Code (30 TAC). The designation for Regulation VI
thus changed from 31 TAC Chapter 116 to 30 TAC Chapter 116.
II. State Submittal
In this action, EPA is approving the recodified and revised
Regulation VI only for the PSD portion of the new regulation. The EPA
is also approving for the PSD SIP the transfer of Regulation 31 TAC to
30 TAC. The rest of the recodified regulation VI and its transfer to 30
TAC will be acted upon in a separate notice.
The Act as amended in 1990 requires States to observe certain
procedural requirements in developing implementation plans and plan
revisions for submission to EPA. Section 110(a)(2) of the Act provides
that each implementation plan submitted by a State must be adopted
after reasonable notice and public hearing. Section 110(l) of the Act
similarly provides that each revision to an implementation plan
submitted by a State under the Act must be adopted by such State after
reasonable notice and public hearing.
The EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action. See section 110(k)(1)
and 57 FR 13565, April 16, 1992. The EPA's completeness criteria for
SIP submittals are set out at 40 CFR part 51, appendix V. The EPA
attempts to make completeness determinations within 60 days of
receiving a submission. However, a submittal is deemed complete by
operation of law under section 110(k)(1)(B) if a completeness
determination is not made by EPA within six months after receipt of the
submission.
Public hearings to entertain public comment for the recodified PSD
rules were held by Texas on March 16 and 31, 1993. After the public
hearings, the recodification was adopted by the State on August 16,
1993. That recodification was formally submitted to EPA for approval as
a SIP revision on August 31, 1993. The SIP revision was reviewed by EPA
to determine completeness shortly after its submittal, in accordance
with the completeness criteria referenced above. The submittal was
found to be complete, and a letter was forwarded to Texas, on January
5, 1994, indicating the completeness of the submittal and the next
steps to be taken in the processing of the SIP submittal.
A public hearing to entertain public comment for the PM-10
increment PSD rule was held by Texas on January 19, 1995. After the
public hearing, the rule revision was adopted by the State on March 1,
1995. The revision was formally submitted to EPA for approval on July
12, 1995. The SIP revision was reviewed by EPA to determine
completeness shortly after its submittal,
[[Page 44085]]
in accordance with the completeness criteria referenced above. The
submittal was found to be complete, and a letter was forwarded to
Texas, on October 20, 1995, indicating the completeness of the
submittal and the next steps to be taken in the processing of the SIP
submittal.
III. Analysis of State Submittal
The following table summarizes EPA's evaluation of each section
submitted and acted upon in this action. The table cross-references the
submitted sections of the recodified rules pertaining to Prevention of
Significant Deterioration to the previous rule.
Summary of Submittals Pertaining to Recodification of Regulation VI
and ``Prevention of Significant Deterioration''
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Recodified rule Date submitted Title Old rule Comments
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116.160(a)...................... August 31, 1993... Prevention of 116.3(a)(11)...... (a)
116.160(b) Significant (a)
116.160(c) Deterioration (a)
116.160(d) Requirements. (a)
116.160(a)...................... July 12, 1995..... PSD Requirements.. 116.3(a)(11)...... Replaced Effective
Date to
incorporate PSD
PM10 increments.
116.161......................... August 31, 1993... Source Located in 116.3(a)(9)....... (c)
an Attainment
Area with a
Greater than de
minimis impact.
116.162......................... August 31, 1993... Evaluation of Air 116.3(a)(12)...... (a)
116.162 (1)-(4) Quality Impacts.
116.163(a)...................... August 31, 1993... Prevention of 116.11(b)(2)(A)... (a)
116.163(b) Significant 116.11(b)(2)(B)... (a)
116.163(c) Deterioration New............... (b, c)
116.163(d) Permit Fees. 116.11(b)(3)...... (a)
116.163(e) 116.11(b)(4)...... (a)
116.141(a)...................... August 31, 1993... Determination of 116.11(b)(1)...... (a)
116.141(c) Fees. 116.11(b)(3)...... (a)
116.141(d) 116.11(b)(4)...... (a)
116.141(e) New............... (b, c)
116.010......................... August 31, 1993... Definition--de General Rules (a)
minimis impact. 101.1.
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a No substantive changes in recodified rule.
b New rule.
c EPA has determined is consistent with the Act.
PSD Program as Submitted August 31, 1993
As part of the recodification SIP submittal, on August 31, 1993,
Texas submitted Sections 116.010, 116.160, 116.161, and 116.162,
addressing PSD and Sections 116.163 and 116.141 relating to the
determination of fees.
Sections 116.160 (a)-(d) replace Section 116.3(a)(11) without
substantive changes. Section 116.3(a)(11) is the PSD requirement and
was approved June 24, 1992, as 116.3(a)(13) (57 FR 28093), EPA approved
revisions to Section 116.3(a)(13) to incorporate the NOX
increments on September 9, 1994 (59 FR 46556), and EPA approved the
redesignation to Section 116.3(a)(11) (60 FR 49788) with minor
revisions on September 27, 1995.
Section 116.161 replaces Section 116.3(a)(9) (A)-(C). Section
116.161 provides that if a source is located in an area classified as
attainment or unclassifiable for any National Ambient Air Quality
Standard (NAAQS), then TNRCC will not issue a permit to any new major
stationary source or major modification to the source if the ambient
air impacts would cause or contribute to a violation of any NAAQS. A
major source or major modification will be considered to cause or
contribute to a violation of a NAAQS when the emissions from such
source or modification would, at a minimum, exceed the de minimis
impact levels specified in Section 116.010 at any locality that is
designated to be nonattainment or is predicted to be nonattainment for
the applicable standard. The submitted revision conforms to the
requirements of 40 CFR 51.165(b). The EPA approved a similar provision
as Section 116.3(a)(14) on July 10, 1981 (46 FR 35643). The EPA
subsequently approved the redesignation to Section 116.3(a)(9) and
revisions thereto on September 27, 1995 (60 FR 49788). This new
language mirrors the Federal rule and therefore meets the requirements
of 40 CFR 51.165(b) and the Act.
The definition of de minimis impact in Section 116.010 is being
included with this recodification because Section 116.161 relies on
this definition for applicability thresholds. Section 116.010,
definition of de minimis impact replaces the same definition in Section
101.1, of the General Rules without substantive changes. The EPA
approved the definition of de minimis impact in Section 101.1 on
September 10, 1991 (56 FR 46117).
Section 116.162 introductory paragraph and Sections 116.162 (1)-(4)
replace Section 116.3(a)(12) without substantive changes. Section
116.3(a)(12) Evaluation of Air Quality Impacts was approved as
116.3(a)(14) on November 22, 1988 (53 FR 47189). The EPA approved the
redesignation to Section 116.3(a)(12) with minor revisions on September
27, 1995 (60 FR 49788).
In the recodification of Chapter 116, Texas divided Section
116.11(b) Determination of Fees into two parts. Section 116.163 applies
to projects for which PSD does apply and Sections 116.141 applies to
projects for which PSD does not apply.
Section 116.163 (a)-(b), and (d)-(e) replaces Section 116.11(b)(2)
(A)-(B) and 116.11(b) (3)-(4) without substantive changes except for an
increase in permitting fees and a special rate for Federal facilities.
Section 116.163(c) merely states that a New Source Review permit fee is
not required in addition to the PSD fee.
Sections 116.141 (a), (c), and (d) replace subsections 116.11(b)
(1),(3), and (4) without substantive changes
[[Page 44086]]
except for an increase in permitting fees and a special rate for
Federal facilities. Section 116.141(e) establishes a minimum fee.
The EPA approved Sections 116.11(b) (1)-(4) on November 24, 1986
(51 FR 42223) and revisions thereto on September 27, 1995 (60 FR
49788). The EPA approved Subparagraphs 116.11(b)(3) (A)-(B) on August
15, 1983 (48 FR 36819). The EPA has determined that Sections 116.163(c)
and 116.141(e) are consistent with the Act.
It is EPA's position that the recodified PSD rules meet 40 CFR
51.166 and the Act.
PSD Program as Submitted July 12, 1995
The Governor of Texas submitted a revision to 30 TAC Chapter 116,
Section 116.160(a) on July 12, 1995, which incorporates the
requirements of 40 CFR 52.21 as revised by EPA on June 3, 1993
(effective June 3, 1994) to reflect the PM-10 increment revision as
promulgated in the Federal Register on June 3, 1993. This revision
enables the State of Texas, with certain exceptions, to implement and
enforce the Federal PSD rules, including the PSD PM-10 increments. The
exceptions are the same as those discussed in the action published June
24, 1992, approving the Texas PSD SIP. The EPA has determined that the
State of Texas has adequately revised its existing PSD SIP to
incorporate the provisions of the PM-10 increments promulgated by EPA
on June 3, 1993.
IV. TSP Area Deletions
Section 107(d) of the 1977 Amendments to the Act authorized each
State to submit to the Administrator a list identifying those areas
which: (1) Do not meet a NAAQS (nonattainment areas), (2) cannot be
classified on the basis of available ambient data (unclassifiable
areas), and (3) have ambient air quality levels better than the NAAQS
(attainment areas). In the original list of all area designations
pursuant to section 107(d)(2) (section 107 areas), including those
designations for TSP, in 40 CFR part 81.
One of the purposes stated in the Act for the section 107 areas is
for implementation of the statutory requirements for PSD. The PSD
provisions of part C of the Act generally apply in all section 107
areas that are designated attainment or unclassifiable (40 CFR
52.21(i)(3)). Under the PSD program, the air quality in an attainment
or unclassifiable area is not allowed to deteriorate beyond prescribed
maximum allowable increases in pollutant concentrations (i.e.,
increments).
The EPA revised the primary and secondary NAAQS for particulate
matter on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator
for the NAAQS and replacing it with the PM-10 indicator. However, EPA
did not delete the section 107 areas for TSP listed in 40 CFR part 81
at that time because there were no increments for PM-10 promulgated at
that time.\1\ States were required to continue implementing the TSP
increments in order to prevent significant deterioration of particulate
matter air quality until the PM-10 increments replaced the TSP
increments. With the State adoption and implementation of the PM-10
increments becoming effective, the TSP area designations generally
serve no useful purpose relative to the PSD program. Instead, the PM-10
area designations now serve to properly identify those areas where air
quality is better than the NAAQS, i.e., ``PSD areas,'' and to provide
the geographic link necessary for implementation of the PM-10
increments.\2\
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\1\ The EPA did not promulgate new PM-10 increments
simultaneously with the promulgation of the PM-10 NAAQS. Under
section 166(b) of the Act, EPA is authorized to promulgate new
increments ``not more than 2 years after the date of promulgation of
* * * standards.'' Consequently, EPA temporarily retained the TSP
increments, as well as the section 107 areas for TSP.
\2\ It should be noted that 40 CFR part 81 does not presently
list all section 107 areas for PM-10. Only those areas designated
``nonattainment'' appear in the State listings. This is because
under the listing published by EPA in the Federal Register on
November 6, 1991, EPA's primary objective was to identify
nonattainment areas designated as such by operation of law upon
enactment of the 1990 Amendments. For States having no PM-10
nonattainment areas designated by operation of law, EPA did not
include a new PM-10 listing. Nevertheless, section 107(d)(4)(B)(iii)
mandates that all areas not designated nonattainment for PM-10 by
operation of law, are designated unclassifiable. The PM-10
increments apply in any area designated unclassifiable for PM-10.
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Thus, in the June 3, 1993, Federal Register document in which EPA
promulgated the PM-10 increments, EPA stated that, for States with SIP-
approved PSD programs, EPA would delete the TSP area designations at
the same time EPA approves the revision to a State's plan incorporating
the PM-10 increments. For delegated PSD programs or in States where EPA
administers the PSD program, the TSP area designations were to be
deleted after the PM-10 increments became effective in those States
(i.e., June 3, 1994). In deleting any State's TSP area designations,
EPA must ensure that the deletion of those designations will not result
in a relaxation of any control measures that ultimately protect the PM-
10 NAAQS.
As stated above, Texas has adopted and submitted adequate PSD
revisions for PM-10 increments. In addition, Texas has no TSP areas
designated as nonattainment. All existing PM control measures in the
Texas SIP remain in effect to ensure continuing attainment and
maintenance of the PM-10 standard throughout the State. Thus, deletion
of the TSP area designations will not result in relaxation of any PM
controls that would impact the PM-10 NAAQS. Furthermore, Texas has one
PM-10 nonattainment area (the City of El Paso) identified in the PM-10
designation table in 40 CFR part 81 for Texas. The EPA approved the PM-
10 SIP for El Paso on January 18, 1994 (59 FR 2532). Since the State
has adopted, and EPA has approved, the PM-10 SIP for El Paso, EPA
believes it is appropriate at this time to delete the State's TSP
designation tables in 40 CFR 81.344.
Consistent with the above discussion, EPA is deleting all of the
State's existing TSP designation tables in 40 CFR 81.344 and placing
these section 107 areas into the PM-10 area designation table in 40 CFR
81.344, consistent with the June 3, 1993 Federal Register.
V. Final Action
The EPA is approving the transfer from 31 TAC to 30 TAC Sections
116.010; 116.160; 116.161; 116.162; 116.163; addressing part C of Title
I of the 1990 Clean Air Act which requires each SIP to address the
requirements of PSD, and 31 TAC Section 116.141 (a), (c), (d), and (e)
relating to the determination of fees, as submitted on August 31, 1993,
and revisions to 30 TAC Section 116.160(a) submitted on July 12, 1995.
Sections 116.160, 116.161, 116.162, 116.163 (a)-(b), 116.163(d), and
116.163(e), as submitted August 31, 1993, replace, without substantive
changes except for an increase in permitting fees and a special rate
for Federal facilities, respectively: 116.3(a)(11), 116.3(a)(9),
116.3(a)(12), 116.11(b)(2) (A)-(B), 116.11(b)(3), and 116.11(b)(4).
Sections 116.141 (a),(c), and (d) replace without substantive changes
except for an increase in permitting fees and a special rate for
Federal facilities, respectively subsections 116.11(b) (1), (3), and
(4). Sections 116.163(c) and 116.141(e) are new. Consistent with the
June 3, 1993, Federal Register and for the reasons described above, EPA
is deleting the State's existing TSP area designation tables and
revising the PM-10 area designation table in 40 CFR 81.344.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register
[[Page 44087]]
publication, EPA is proposing to approve these SIP revisions should
adverse or critical comments be filed. This action will be effective
October 20, 1997 unless, by September 18, 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 October 20, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
VI. Administrative Requirements
A. Executive Order 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 Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 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. 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.
The SIP approvals under section 110 and subchapter I, part D of the
Act do not create any new requirements but simply approve requirements
that the State is already imposing. Therefore, because neither the
Federal SIP approval nor the deletion of the TSP tables 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
concerning SIPs on such grounds. See Union Electric Co. v. U.S. EPA,
427 U.S. 246, 255-66 (1976); 42 U.S.C. 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 that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate; or to 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 action approves
preexisting requirements under State or local law, and imposes no new
Federal 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. section 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 the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. section 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 October 20, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: July 18, 1997.
Jerry Clifford,
Acting Regional Administrator (6RA).
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. 7401-7671q.
Subpart SS--Texas
2. Section 52.2270 is amended by adding paragraph (c)(102) to read
as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
(102) The Governor of Texas submitted on August 31, 1993, and July
12, 1995, revisions to the Texas State Implementation Plan for
Prevention of Significant Deterioration adopted by TACB on August 16,
1993, and by Texas Natural Resource Conservation Commission (TNRCC) on
March 1, 1995. The revisions adopted on August 16, 1993, were a
comprehensive recodification of and revisions to the existing
requirements. The revision adopted on March 1, 1995, amended the
recodified Section 116.160(a) to incorporate the PM-10 PSD increments.
(i) Incorporation by reference.
(A) TACB Board Order Number 93-17, as adopted by TACB on August 16,
1993.
(B) Recodified and revised Regulation VI--Control of Air Pollution
by Permits for New Construction or Modification, as adopted by TACB on
August 16, 1993, Repeal of 31 TAC Sections 116.3(a)(9), 116.3(a)(11),
116.3(a)(12),
[[Page 44088]]
116.3(14), and 116.11(b) (1)-(4); New Sections 116.160 introductory
paragraph, 116.160 (a)-(d), 116.161, 116.162 introductory paragraph,
116.162 (1)-(4), 116.163 (a)-(e) and 116.141 (a),(c)-(e).
(C) Revisions to Regulation VI--Control of Air Pollution by Permits
for New Construction or Modification: as adopted by Texas Natural
Resource Conservation Commission (TNRCC) on August 16, 1993. New
Section 116.010, definition of de minimis impact.
(D) Revision to General Rules, as adopted by Texas Natural Resource
Conservation Commission (TNRCC) on August 16, 1993, Repeal Section
101.1 definition of de minimis impact.
(E) Texas Natural Resource Conservation Commission (TNRCC)
Commission Order Docket Number 95-0276-RUL, as adopted by Texas Natural
Resource Conservation Commission (TNRCC) on March 1, 1995.
(F) Revision to Regulation VI--Control of Air Pollution by Permits
for New Construction or Modification, revised 30 TAC Section
116.160(a), as adopted by Texas Natural Resource Conservation
Commission (TNRCC) on March 1, 1995.
* * * * *
3. Section 52.2303(a) is revised to read as follows:
Sec. 52.2303 Significant deterioration of air quality.
(a) The plan submitted by the Governor of Texas on December 11,
1985 (as adopted by TACB on July 26, 1985), October 26, 1987 (as
revised by TACB on July 17, 1987), September 29, 1988 (as revised by
TACB on July 15, 1988), February 18, 1991 (as revised by TACB on
December 14, 1990), May 13, 1992 (as revised by TACB on May 8, 1992),
August 31, 1993 (as recodified, revised and adopted by TACB on August
16, 1993), July 12, 1995 (as revised on March 1, 1995) containing
Regulation VI--Control of Air Pollution for New Construction or
Modification, Sections 116.010, 116.141 and 116.160-116.163; the
Prevention of Significant Deterioration (PSD) Supplement document,
submitted by the Governor on October 26, 1987 (as adopted by TACB on
July 17, 1987); revision to General Rules, Rule 101.20(3), submitted by
the Governor on December 11, 1985 (as adopted by TACB on July 26,
1985), is approved as meeting the requirements of part C, Clean Air Act
for preventing significant deterioration of air quality.
* * * * *
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Sec. 81.344 [Amended]
2. Section 81.344 is amended by removing the table for TSP and
revising the PM-10 table to read as follows:
Sec. 81.344 Texas.
* * * * *
Texas-PM-10 Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated Area ------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
AQCR 022......................... ........... Unclassifiable.................. ........... .................
AQCR 106......................... ........... Unclassifiable.................. ........... .................
AQCR 153:
El Paso County--city of El 11/15/90 Nonattainment................... 11/15/90 Moderate.
Paso.
3 limited areas in El Paso ........... Unclassifiable.................. ........... .................
County.
(El Paso 1, 2, and 4).
1 limited area in El Paso ........... Unclassifiable.................. ........... .................
County.
(El Paso 3)
1 limited area in El Paso ........... Unclassifiable.................. ........... .................
County.
(El Paso 5).
Remainder of AQCR............ ........... Unclassifiable.................. ........... .................
AQCR 210......................... ........... Unclassifiable.................. ........... .................
AQCR 211:
Lubbock County--That portion ........... Unclassifiable.................. ........... .................
of the city of Lubbock
enclosed by Loop 289 highway.
Remainder of AQCR............ ........... Unclassifiable.................. ........... .................
AQCR 212......................... ........... Unclassifiable.................. ........... .................
AQCR 213:
2 limited areas in Cameron
County
(Cameron 1 and 2).......... ........... Unclassifiable.................. ........... .................
Remainder of AQCR............ ........... Unclassifiable.................. ........... .................
QCR 214:
2 limited areas in Nueces ........... Unclassifiable.................. ........... .................
County.
(Nueces 1 and 2).
Remainder of AQCR............ ........... Unclassifiable.................. ........... .................
AQCR 215:
3 limited areas in Dallas ........... Unclassifiable.................. ........... .................
County.
(Dallas 1, 2, and 3).
1 limited area in Tarrant ........... Unclassifiable.................. ........... .................
County.
(Tarrant 1).
3 limited areas in Tarrant ........... Unclassifiable.................. ........... .................
County.
(Tarrant 2, 3, and 4)
Remainder of AQCR............ ........... Unclassifiable.................. ........... .................
AQCR 216:
1 limited area in Harris ........... Unclassifiable.................. ........... .................
County.
(Houston 1).
1 limited area in Harris ........... Unclassifiable.................. ........... .................
County.
[[Page 44089]]
(Houston 2).
1 limited area in Harris ........... Unclassifiable.................. ........... .................
County.
(Aldine).
1 limited area in Harris ........... Unclassifiable.................. ........... .................
County.
1 limited area in Galveston ........... Unclassifiable.................. ........... .................
County.
Remainder of AQCR............ ........... Unclassifiable.................. ........... .................
AQCR 217:
1 limited area in Bexar ........... Unclassifiable.................. ........... .................
County.
Remainder of AQCR............ ........... Unclassifiable.................. ........... .................
AQCR 218......................... ........... Unclassifiable.................. ........... .................
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
* * * * * *
*
[FR Doc. 97-21803 Filed 8-18-97; 8:45 am]
BILLING CODE 6560-50-U
