[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49781-49789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23962]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-9-1-5222a; FRL-5266-4]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Permit Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This document approves revisions to Texas Air Control Board
(TACB) General Rules (31 TAC Chapter 101) and Regulation VI (31 TAC
Chapter 116), ``Control of Air Pollution by Permits for New
Construction or Modification'' of the Texas State Implementation Plan
(SIP). The revisions approved herein include New Source Review (NSR)
definitions and provisions for permitting in nonattainment areas as
required by the Clean Air Act (CAA), as amended in 1990. These 1990 CAA
NSR provisions were submitted by the Governor on May 13, 1992, November
13, 1992, and August 31, 1993. This action also approves other
provisions of the General Rules and Regulation VI which have been
submitted and not yet acted upon by EPA. These revisions were submitted
by the Governor of Texas to EPA on December 11, 1985, October 26, 1987,
February 18, 1988, September 29, 1988, December 1, 1989, September 18,
1990, November 5, 1991, May 13, 1992, November 13, 1992, and August 31,
1993. With the exception of the 1990 CAA NSR provisions, none of the
other revisions being acted upon in this document were required by EPA.
DATES: This final rule will become effective on November 27, 1995
unless adverse or critical comments are received by October 27, 1995.
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 Ms.
Jole C. Luehrs, Chief, New Source Review Section, at the following
address: U.S. Environmental Protection Agency, Air Programs Branch (6T-
A), First Interstate Bank Building, 1445 Ross Avenue, suite 1200,
Dallas, Texas 75202-2733.
Copies of documents relevant to this document may be examined at
the above location or at any of the locations listed below.
U.S. Environmental Protection Agency, Air and Radiation Docket and
Information Center, 401 M Street SW., Washington, DC 20460;
Texas Natural Resource Conservation Commission, 12124 Park 35 Circle,
Austin, Texas 78753.
If you wish to review these documents, please contact the person
named below at least two working days in advance to schedule an
appointment.
FOR FURTHER INFORMATION CONTACT: Stanley M. Spruiell at (214) 665-7212.
SUPPLEMENTARY INFORMATION: On December 11, 1985, October 26, 1987,
February 18, 1988, September 29, 1988, December 1, 1989, September 18,
1990, November 5, 1991, May 13, 1992, November 13, 1992, and August 31,
1993, the Governor of Texas, after adequate notice and public hearing,
submitted revisions to the Texas SIP. Specifically, the State revised
TACB Regulation VI (31 TAC Chapter 116), ``Control of Air Pollution by
Permits for New Construction or Modification'' and its General Rules
(31 TAC Chapter 101). EPA has previously approved portions of certain
revisions that have been submitted. In this notice, EPA is acting to
approve SIP revisions that have been submitted by the Governor of Texas
to EPA between December 11, 1985, and November 13, 1992, that EPA has
not previously approved. EPA is also acting to approve a portion of the
revision submitted August 31, 1993, more specifically, Table I of
Section 116.012 (Major Source/Major Modification Emission Thresholds).
EPA has prepared a ``Technical Support Document'' for EPA Actions
on Revisions to TACB General Rules (31 TAC Chapter 101) and Regulation
VI (31 TAC CHAPTER 116), ``Control of Air Pollution by Permits for New
Construction or Modification'' for the revisions being acted upon in
this notice. EPA has also prepared an ``Annotation of Texas Air Control
Board General Rules and Regulation VI, Control of Air Pollution by
Permits for New Construction or Modification'', as amended June 9,
1995. The annotation shows: the existing TACB Regulation VI, as amended
by the TACB as of October 16, 1992; Table I in the Nonattainment Review
Definitions of Regulation VI, as submitted by the Governor on August
31, 1993; revisions to the definitions in the General Rules in Section
101.1, as submitted by the Governor on May 13, 1992; sections of the
General Rules and of Regulation VI that EPA believes to be in the Texas
SIP; and sections of the Regulations that have been submitted to EPA by
the Governor of Texas as SIP revisions but EPA has not acted upon.
Section 116.3(a)(11) of Regulation VI (previously Section
116.3(a)(13)), contains Texas' regulation for prevention of significant
deterioration (PSD). This regulation was acted upon in a separate
Federal Register action. The State adopted its PSD regulation on July
26, 1985, and submitted it to EPA on December 11, 1985. Additional
revisions to section 116.3(a)(13) were submitted to EPA on October 26,
1987, September 29, 1988, and February 18, 1991. EPA published in the
Federal Register on December 22, 1989 (54 FR 52823) a document
proposing approval of the Texas PSD regulations. A document published
in the Federal Register on November 4, 1986 (51 FR 40072), gave the
status of the Texas visibility NSR program. EPA's approval of the PSD
SIP was published in the Federal Register on June 24, 1992 (57 FR
28093). On February 18, 1991, the TACB submitted a revision to section
116.3(a)(13) to incorporate the nitrogen oxides (NOx) increments
into its PSD regulations. EPA published approval of this revision in
the Federal Register on September 9, 1994 (59 FR 46556). On May 8,
1992, the TACB redesignated Section 116.3(a)(13) to section
116.3(a)(11) and made minor amendments. These changes will be approved
in this action.
On September 3, 1993, the TACB merged with the Texas Water
Commission (TWC). The combined agency was renamed the Texas Natural
Resource Conservation Commission (TNRCC). The revisions to Regulation
VI which are being acted upon herein were adopted prior to the merger
of the TACB and TWC. All rules and regulations, orders, permits, and
other final action taken by the TACB remain in full effect unless and
until revised by the TNRCC.
[[Page 49782]]
In this Federal Register document, EPA is acting on the 1990 CAA
NSR provisions, which were submitted by the Governor of Texas on May
13, 1992, and November 13, 1992, and Table I in the revisions submitted
by the Governor on August 31, 1993. EPA is also acting on other SIP
revisions which the Governor of Texas has submitted to EPA but which
EPA has not yet acted upon. A brief description of each submittal and
what is being acted upon from the submittal is given in this preamble.
Each submittal and each section being acted upon is discussed in more
detail in the technical support document. Sections of these State
submittals which are not being acted upon in this action either have
previously been acted upon, are being acted upon in a separate notice,
or have been superseded by a later revision of the section being acted
upon in this notice. Where more than one revision to a section of
Regulation VI has been submitted to EPA, EPA is approving only the most
recent revision of the section.
A. Summary of the 1990 CAA NSR Permitting Requirements Acted Upon in
This Document
1. Background
On May 13, 1992, and November 13, 1992, the State of Texas
submitted to EPA revisions to the Texas SIP to implement the 1990 CAA
NSR for nonattainment areas. These rules were submitted as SIP
revisions pursuant to title I, part D, of the CAA. Texas made the
revisions to Regulation VI.
2. Review Criteria and Determination
The air quality planning requirements for nonattainment NSR are set
out in part D of title I of the CAA. The EPA has issued a ``General
Preamble'' describing EPA's preliminary views on how EPA intends to
review SIPs and SIP revisions submitted under part D, including those
State submittals containing 1990 CAA nonattainment area NSR SIP
requirements (see 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April
28, 1992)).
In this rulemaking action, EPA is applying its interpretations
taking into consideration the specific factual issues presented. The
discussion herein focuses on how the proposed State regulations meet
the requirements of 40 CFR 51.160-165 (1994) and the 1990 CAA. The 1990
CAA includes the following NSR provisions: (1) Lower source
applicability thresholds; (2) increased emissions offset ratios; (3)
new definitions for stationary source; and (4) (for ozone nonattainment
areas) requirements for NOx control and NOx offsets.
On August 16, 1993, the TACB adopted a complete recodification of
Regulation VI and made certain substantive changes as well. These
regulations were submitted to EPA on August 31, 1993. In today's
action, EPA is acting on only one minor piece of this submittal, i.e.
Table I of Section 116.012, which corrects an earlier typographical
error. Separate action will be taken on the rest of the August 1993
submittal in a subsequent rulemaking.
3. Summary of the Texas NSR SIP
a. General Nonattainment NSR Requirements
i. Baseline for determining emission offsets. The plan must include
provisions to assure that calculation of emissions offsets, as required
by Section 173(a)(1)(A), are based on the same emissions baseline used
in the demonstration of reasonable further progress. Texas addressed
this requirement in subparagraphs (7)(C) and (10)(D) of Section
116.3(a). These subparagraphs provide that the offset ratio is the
ratio of the total actual reductions of pollutant emissions to the
total allowable emissions increases of such pollutant from the new
source. Subparagraphs (7)(C) and (10)(D) of Section 116.3(a) are being
approved as adopted by the TACB on May 8, 1992.
ii. Application of lowest achievable emission rate (LAER). The plan
must include provisions to assure that the emissions from a project
represent the application of LAER in accordance with Section 173(a)(2)
of the Act. Texas requires LAER in paragraphs 116.3(a)(7)(A),
116.3(a)(9)(A), and 116.3(a)(10)(A). Paragraph 116.3(a)(7)(A) was
previously approved as paragraph 116.3(a)(8)(A) on March 25, 1980 (45
FR 19244). This paragraph was redesignated to 116.3(a)(7)(A) by the
TACB on May 8, 1992. Paragraph 116.3(a)(9)(A) was previously approved
as paragraph 116.3(a)(11)(A) on July 10, 1981 (46 FR 35643). This
paragraph was redesignated to 116.3(a)(9)(A) by the TACB on May 8,
1992. Paragraph 116.3(a)(10)(A) was previously approved as paragraph
116.3(a)(12)(A) on August 13, 1982 (47 FR 35193). This paragraph was
redesignated to 116.3(a)(10)(A) by the TACB on May 8, 1992. The
revisions adopted by the TACB on May 8, 1992, were submitted to EPA on
May 13, 1992. Section 116.3(a) subparagraphs (7)(A), (9)(A), and
(10)(A), as redesignated by the May 8, 1992, revision, clarify the
previously approved requirements to implement LAER. The revised
subparagraphs specify that LAER will be applied on each new emissions
unit and each existing emissions unit at which a new emissions increase
will occur as a result of a physical change or change in the method of
operation of the emissions unit. These revisions are clarifications of
previously approved requirements, and are consistent with the CAA and
the regulations promulgated under 40 CFR 51.165.
iii. Statewide compliance determination. The plan must provide,
pursuant to Section 173(a)(3), that owners or operators of each
proposed new or modified major stationary source demonstrate that all
other major stationary sources under the same ownership in the State
are in compliance with the Act. Texas requires such demonstration of
statewide compliance in paragraphs 116.3(a)(7)(B), 116.3(a)(9)(B), and
116.3(a)(10)(B). Paragraph 116.3(a)(7)(B) was previously approved as
paragraph 116.3(a)(8)(B) on March 25, 1980 (45 FR 19244). This
paragraph was redesignated to 116.3(a)(7)(B) by the TACB on May 8,
1992, without changes to the approved language. Paragraph
116.3(a)(9)(B) was previously approved as paragraph 116.3(a)(11)(B) on
July 10, 1981 (46 FR 35643). This paragraph was redesignated to
116.3(a)(9)(B) by the TACB on May 8, 1992, without changes to the
approved language. Paragraph 116.3(a)(10)(B) was previously approved as
paragraph 116.3(a)(12)(B) on August 13, 1982 (47 FR 35193). This
paragraph was redesignated to 116.3(a)(10)(B) by the TACB on May 8,
1992, without changes to the approved language. The revisions adopted
by the TACB on May 8, 1992, were submitted to EPA in May 13, 1992.
Subparagraphs (7)(B), (9)(B), and (10(B) of Section 116.3(a) are being
approved, as adopted by the TACB on May 8, 1992.
iv. Statewide implementation of the plan. The plan must provide,
pursuant to section 173(a)(4), that the Administrator has not
determined that the applicable implementation plan is not being
adequately implemented for the nonattainment area in which the proposed
source is to be constructed or modified in accordance with this part.
The Administrator has made no such determination for Texas nor does EPA
have any indication that Texas is not adequately implementing its NSR
plan. In the event that the Administrator makes such determination, the
EPA will address this matter with Texas at that time.
v. Analysis of alternative sites, sizes, production processes, and
environmental control techniques. Pursuant to section 173(a)(5), the
plan
[[Page 49783]]
must require, as a prerequisite to issuing any part D permit, an
analysis of alternative sites, sizes, production processes, and
environmental control techniques for proposed sources that demonstrates
that the benefits of the proposed source significantly outweigh the
environmental and social costs imposed as a result of its location,
construction, or modification. This Section expands the alternative
site analysis to all Part D permits issued in nonattainment areas.
Prior to the 1990 CAA, such analysis was only required for permitting
in ozone nonattainment areas which received an extension of the
attainment deadline to December 31, 1987 (see section 172(a)(2) and
(b)(11)(A) of the CAA as amended in 1977). On March 25, 1980, the EPA
promulgated 40 Code of Federal Regulations (CFR) 52.2272(b), which
extended to December 31, 1987, the attainment date for ozone in Harris
County. This extension was approved on the basis that the requirements
of Section 172(b)(11)(A) and other requirements of the 1977 CAA were
satisfied. On October 16, 1992, the TACB added Subparagraphs (7)(D) and
(10)(E) to Section 116.3(a) to incorporate the additional provisions of
the 1990 CAA to extend the analysis of alternative sites, sizes,
production processes, and environmental control techniques to all Part
D permits issued in nonattainment areas. EPA is approving subparagraphs
(7)(D) and (10)(E) of Section 116.3(a), as adopted by the TACB on
October 15, 1992.
vi. Location of offsets. The plan may contain provisions to allow
offsets to be obtained in another nonattainment area if the area in
which the offsets are obtained has an equal or higher nonattainment
classification, and emissions from the nonattainment area in which the
offsets are obtained contribute to a National Ambient Air Quality
Standards (NAAQS) violation in the area in which the source would
construct. See Section 173(c)(1) of the 1990 CAA. Texas Regulation VI
in Sections 116.3(a)(7) and 116.3(a)(10) provides that at the time a
new or modified source commences operation, the emissions increases
from the new or modified facility shall be offset. Offsets shall be
obtained at the offset ratio appropriate for the nonattainment area
classification as defined in Section 101.1 and Table I 1 of that
Section. Section 116.3(c)(1) further provides that ``[m]inimum offset
ratios as specified in Table I of Section 101.1 * * * shall be used in
the areas designated as nonattainment'' [emphasis added].
\1\ Table I was initially submitted May 13, 1992. Table I was
revised to correct a typographical error and submitted August 31,
1993, in a recodification of Regulation VI. In the recodification,
Table I was moved to Section 116.012 (Nonattainment Review
Definitions) of Regulation VI. In this action, EPA is approving the
revised definitions as submitted May 13, 1992, and the Revised Table
I as submitted August 31, 1993. Unless otherwise stated, all
references to Table I refer to the version that TACB adopted August
16, 1993, and submitted August 31, 1993.
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These provisions of Texas' Regulation VI limit a major source or
modification to obtaining offsets which occur in the area in which the
proposed increase occurs, and precludes the use of reductions which
occur in an area other than the area in which the proposed increase
occurs. Although Section 173(c)(1) of the CAA allows offsets to be
obtained in an area other than the area in which the proposed increase
occurs, Texas' decision not to allow such reductions to be creditable
as offsets is consistent with the provisions of Section 173(c)(1) of
the CAA.
vii. Emission increases must be offset by reductions in actual
emissions. The plan must include provisions to assure that emissions
increases from new or modified major stationary sources are offset by
real reductions in actual emissions as required by Section 173(c)(1).
Texas requires in Sections 116.3(a)(7)(C) and 116.3(a)(10)(D) that
offsets be obtained at the offset ratio appropriate for the
nonattainment area classification in which the source is located. These
paragraphs define ``offset ratio'' as the ratio of total actual
reductions of emissions to the total allowable emissions increases of
such pollutant from the new source. The plan thus satisfies this
provision of Section 173(c)(1) of the 1990 CAA.
viii. Emission reductions otherwise required by the Act. The plan
must include provisions, pursuant to Section 173(c)(2), to prevent
emissions reductions otherwise required by the Act from being credited
for purposes of satisfying the part D offset requirements. Texas
addressed this requirement in Section 116.3(c)(1) which provides that
for an offsetting reduction to be creditable, it must not be required
by any provision of the Texas SIP approved by EPA nor by any other
Federal regulation under the CAA, such as new source performance
standards. This paragraph was adopted by the TACB on May 8, 1992.
ix. Sources that test rocket engines and rocket motors. The plan
must, pursuant to Section 173(e), allow any existing or modified source
that tests rocket engines or motors to use alternative or innovative
means to offset emissions increases from firing and related cleaning,
if four conditions are met: (a) the proposed modification is for
expansion of a facility already permitted for such purposes as of
November 15, 1990; (b) the source has used all available offsets and
all reasonable means to obtain offsets and sufficient offsets are not
available; (c) the source has obtained a written finding by the
appropriate, sponsoring Federal agency that the testing is essential to
national security; and (d) the source will comply with an alternative
measure designed to offset any emissions increases not directly offset
by the source.
In lieu of imposing any alternative offset measures, the permitting
authority may impose an emission offset amounting to no more than 1.5
times the average cost of stationary control measures adopted in that
area during the previous three years.
On October 16, 1992, Texas addressed this provision by adding
paragraph 116.3(c)(3), which includes provisions relating to offsetting
emissions increases resulting from the firing and cleaning of rocket
engines and motors. This paragraph allows for obtaining offsets by
alternative means for increases resulting from rocket engine and motor
firing. This paragraph addresses the provisions of section 173(e) of
the CAA.
b. Ozone
The general nonattainment NSR requirements are found in Sections
172 and 173 of the Act and must be met by all nonattainment areas.
Requirements for ozone that supplement or supersede these requirements
are found in subpart 2 of part D. Subpart 2 provides criteria for
classifying ozone nonattainment areas as marginal, moderate, serious,
severe, and extreme, based upon the area's design value. In addition to
requirements for ozone nonattainment areas, subpart 2 includes Section
182(f), which states that requirements for major stationary sources of
volatile organic compounds (VOC) shall apply to major stationary
sources of NOX unless the Administrator makes certain
determinations related to the benefits or contribution of NOX
control to air quality, ozone attainment, or ozone air quality. States
were required under Section 182(a)(2)(C) to adopt new NSR rules for
ozone nonattainment areas by November 15, 1992.
On November 28, 1994, EPA conditionally approved two petitions from
the State of Texas, each dated June 17, 1994, requesting that the
Dallas-Fort Worth (DFW) and El Paso ozone nonattainment areas be
exempted from NOX control requirements of section 182(f) of the
CAA, as amended in 1990. The State of Texas based its request for DFW
upon a demonstration that the
[[Page 49784]]
DFW nonattainment area would attain the NAAQS for ozone by the CAA
mandated deadline without the implementation of the additional NOX
controls required under section 182(f). Similarly, the State based its
exemption request for El Paso on a demonstration that the El Paso
nonattainment area would attain the ozone NAAQS by the CAA mandated
deadline without implementing the additional NOX controls required
under section 182(f), but for emissions emanating from Mexico. These
exemptions were requested under authority granted under section 182(f)
of the CAA. EPA proposed to conditionally approve these petitions on
August 29, 1994 (see 59 FR 44386). Following the consideration of
comments submitted on the proposed action, EPA promulgated final action
on November 28, 1994 (see 59 FR 60709).
On April 19, 1995, EPA approved a petition dated August 17, 1994,
from the State of Texas requesting that the Houston and Beaumont ozone
nonattainment areas be temporarily exempted from NOX control
requirements of section 182(f) of the CAA, as amended in 1990. The
State of Texas based its request upon preliminary photochemical grid
modeling which shows that reductions in NOX would be detrimental
to attaining the NAAQS for ozone in these areas. This temporary
exemption was requested under section 182(f) of the CAA. The EPA
proposed to approve these petitions on December 14, 1994 (see 59 FR
64640). Following the consideration of comments submitted on the
proposed action, EPA promulgated final action on April 19, 1995 (see 60
FR 19515).
i. Definition of the term ``major stationary source''. The term
``major stationary source'' is defined in Section 302(j) of the CAA as
100 Tons Per Year (TPY) VOC and, presumptively, 100 TPY of NOX as
the threshold for determination of whether a source is subject to part
D NSR requirements as a major source in marginal and moderate ozone
nonattainment areas. In serious ozone nonattainment areas, the ``major
stationary source'' threshold is 50 TPY of VOC and, presumptively, 50
TPY of NOX pursuant to Section 182(c). In severe ozone
nonattainment areas, the ``major stationary source'' threshold is 25
TPY of VOC and, presumptively, 25 TPY of NOX pursuant to Section
182(d). Texas has no extreme ozone nonattainment areas.
Texas initially adopted these requirements in Table I of Section
101.1. A typographical error was corrected and Table I was resubmitted
on August 31, 1993, as Table I of Section 116.012. In Table I, the
major source thresholds are as follows:
marginal 100 TPY of VOC and 100 TPY of NOX
moderate 100 TPY of VOC and 100 TPY of NOX
serious 50 TPY of VOC and 50 TPY of NOX
severe 25 TPY of VOC and 25 TPY of NOX
ii. Offsets. The plan must include provisions to ensure that new or
modified major stationary sources obtain offsets at the ratio specified
for the area classification in order to obtain an NSR permit. The
offset ratio in each area is as follows: 1.1 to 1 in marginal areas
under Section 182(a)(4), 1.15 to 1 in moderate areas under Section
182(b)(5), 1.2 to 1 in serious areas under Section 182(c)(10), and 1.3
to 1 in severe areas under Section 182(d)(2).
Texas adopted these requirements in Table I of Section 116.012. In
Table I, the applicable offset ratio of VOC or NOX is the same as
required by the above stated sections of the CAA.
iii. Special requirements for serious and severe ozone
nonattainment areas. For serious and severe ozone nonattainment areas,
States must submit provisions to implement Section 182(c)(6) of the Act
such that any proposed emissions increase is subject to the 25-ton de
minimis test. Texas addresses these requirements in Table I of Section
116.012 and in Sections 116.3(a)(7). Section 182(c)(6) provides that a
particular physical change or change in the method of operation shall
not be considered de minimis unless the increase in net emissions
resulting from such project does not exceed 25 TPY when aggregated with
all other net increases in emissions from the source over any period of
five consecutive calendar years which includes the calendar year in
which such increase occurred.
Texas addresses this requirement in its new definition of ``de
minimis threshold'' in Section 101.1 of the General Rules (submitted
May 13, 1992), Table I of Section 116.012 of the Nonattainment Review
Definitions (submitted August 31, 1993), and in Section 116.3(a)(7) of
Regulation VI (submitted May 13, 1992).
The term ``de minimis threshold'' is defined in Section 101.1 as an
emission level determined by aggregating the proposed increase with all
other creditable increases and decreases during the previous five
calendar years, including the calendar year of the proposed change,
which equals the major modification level (in TPY) for the specific
nonattainment area. Table I of Section 116.012 specifies the various
classifications of nonattainment along with the associated emission
levels which designate a major modification for those areas. Table I
specifies the de minimis thresholds as 40 TPY of VOC in marginal and
moderate ozone nonattainment areas and 25 TPY of VOC in serious and
severe ozone nonattainment areas. Section 116.3(a)(7) provides that a
source must apply the de minimis test to any proposed increase of VOC
or NOX in moderate, serious, and severe ozone nonattainment areas.
The de minimis test thresholds are the same as the major modification
levels stated in Table I, but aggregated over the previous five year
period, including the calendar year of the proposed change. The past
net increases must be evaluated even when the proposed increase is
below the major modification level. The section applies to permit
applications which are filed after November 15, 1992. On the basis of
EPA's evaluation, the definition of de minimis threshold in Section
101.1, Table I of Section 116.012, and Section 116.3(a)(7) are approved
as satisfying the requirements of section 182(c)(6) of the Act.
c. Carbon Monoxide (CO)
The general part D NSR permit requirements apply in CO
nonattainment areas, and are supplemented by the CO requirements in
subpart 3 of part D. Such programs must contain a definition of the
term ``major stationary source'' that reflects the Section 302(j) 100
TPY CO threshold for determination of whether a source is subject to
part D requirements as a major source in moderate CO nonattainment
areas, and the Section 187(c)(1) 50 TPY CO threshold for determination
of whether a source is subject to part D requirements as a major source
in serious CO nonattainment areas. Texas adopted these requirements in
Table I of Section 116.012. Table I specifies major source thresholds
to be 100 TPY in moderate CO nonattainment areas and 50 TPY in serious
CO nonattainment areas.
d. Particulate Matter With an Aerodynamic Diameter of a Nominal 10
Microns or Less (PM-10)
PM-10 NSR programs must contain a definition of the term ``major
stationary source'' that reflects thresholds in Section 302(j) of 100
TPY for PM-10 in moderate PM-10 nonattainment areas and reflects the
Section 189(b)(3) threshold of 70 TPY for PM-10 in serious PM-10
nonattainment areas. Texas adopted this requirement in Table I of
Section 116.012. Table I specifies
[[Page 49785]]
the major source thresholds to be 100 TPY in moderate PM-10
nonattainment areas and 70 TPY in serious PM-10 nonattainment areas.
The only current PM-10 nonattainment area in Texas is the El Paso area.
EPA has previously determined under Section 189(e) of the Act that NSR
provisions are not required in the El Paso area for PM-10 precursors
(59 FR 2532, 2533, (January 18, 1994)).
e. Sulfur Dioxide (SO2)
States with SO2 nonattainment areas were required to submit
NSR implementation plans by May 15, 1992. Presently, Texas has no
designated SO2 nonattainment areas. NSR implementation plans must
contain a definition of the term ``major stationary source'' that
reflects the Section 302(j) 100 TPY SO2 threshold for
determination of whether a source is subject to part D requirements as
a major source. Texas adopted this requirement in Table I of Section
116.012. In Table I, the major source threshold in SO2
nonattainment areas is 100 TPY of SO2.
f. Lead
States with lead nonattainment areas are required to submit NSR
implementation plans which must contain a definition of the term
``major stationary source'' that reflects the Section 302(j) 100 TPY
lead threshold for determination of whether a source is subject to part
D requirements as a major source. Texas adopted this requirement in
Table I of Section 116.012. In Table I, the major source threshold in
lead nonattainment areas is 100 TPY of lead.
B. Individual SIP Submittals Acted Upon in This Notice
1. Adopted by TACB on July 26, 1985; Governor Submitted to EPA on
December 11, 1985; EPA Received December 18, 1985
The State submitted revisions to Sections 116.1, 116.2,
116.10(a)(4), and 116.10(d) and the addition of Section 116.3(a)(13)
for Prevention of Significant Deterioration (PSD). This revision to
section 116.1 has been replaced by a more recent submittal being acted
upon in this Federal Register action. Section 116.3(a)(13) for PSD has
been acted upon in a separate Federal Register action as discussed
elsewhere in this Federal Register action. Section 116.3(a)(13) was
redesignated to Section 116.3(a)(11) in the May 13, 1992, submittal.
EPA is approving the revisions to Sections 116.2 and section
116.10(a)(4). Section 116.10(d) provides that when a permit to
construct or operate, or a special permit, will incorporate new best
available control technology (BACT), the Executive Director of the TACB
will notify the public of that new BACT determination by publication in
the Texas Register within 60 days after issuance of such permit. The
TACB revised Section 116.10(d) on August 11, 1989, to delete reference
to special permits, and submitted the revision to EPA on December 1,
1989. EPA is approving Section 116.10(d) as revised on August 11, 1989,
and submitted to EPA on December 1, 1989 (see section B.6 in this
preamble for discussion of the December 6, 1989, submittal).
The revision to section 116.2 clarifies that the owner of a
facility or the operator of the facility authorized to act for the
owner is responsible for complying with Section 116.1, Permit
Requirements, of Regulation VI. The revision to section 116.10(a)(4)
adds to the requirements for publishing public notices in newspapers.
2. Adopted by TACB on July 17, 1987; Governor Submitted to EPA on
October 26, 1987; EPA Received November 10, 1987
The State submitted revisions to Sections 116.3(a)(13) [PSD],
116.3(a)(14) [Stack Heights], 116.10(a)(1), 116.10(a)(3), and
116.10(b)(1). A revision to 116.7 [Special Permits] adopted by the
State was not submitted to EPA as a SIP revision. The revision to
Section 116.3(a)(13) for PSD has been acted upon in a separate Federal
Register action as discussed elsewhere in this Federal Register action.
Section 116.3(a)(13) was redesignated to Section 116.3(a)(11) in the
May 13, 1992, submittal. The revision to Section 116.3(a)(14) for Stack
Heights was approved in a Federal Register document notice published
November 22, 1988 (53 FR 47191), at 40 CFR 52.2270(c)(62). The
revisions to 116.10(a)(1) and 116.10(b)(1) have been replaced by more
recent revisions being acted upon in this Federal Register document.
EPA is approving this revision of section 116.10(a)(3) which
requires the publication of a public notice in a newspaper of an
applicant's intent to construct to include the preliminary
determination of the Executive Director of TACB to issue or not issue
the permit only if the permit is subject to the Federal Clean Air Act
(FCAA), Part C [for PSD] or Part D [Non-Attainment Areas] or to 40 CFR
51.165(b). The revision adds the requirements that the public notice
must state that any person who may be affected by the emission of air
contaminants from the facility is entitled to request a hearing in
accordance with TACB rules and that the notice must include the name,
address, and phone number of the regional TACB office to be contacted
for further information.
3. Adopted by TACB on December 18, 1987; Governor Submitted to EPA on
February 18, 1988; EPA Received February 29, 1988
The State submitted revisions to Sections 116.5 and 116.10(a)(1)
and the addition of Sections 116.10(c)(1)(A), 116.10(c)(1)(B),
116.10(c)(1)(C) and 116.10(f). The State adopted, but did not submit to
EPA, revisions to Rule 116.7, Special Permits, and the addition of Rule
116.13, Emergency Orders for Damaged Facilities. Basically, these
changes respond to new statutory requirements enacted by the Texas
Legislature in 1987 to require the TACB to establish time frames and an
applicant appeals process for staff review of permit applications and
the issuance of permits. This revision to section 116.5 has been
replaced by a more recent revision being acted upon in this Federal
Register action.
EPA is approving this revision to sections 116.10(a)(1) and
116.10(c)(1) introductory paragraph; the addition of section
116.10(c)(1)(A), (B), and (C); and the addition of 116.10(f) [permit
processing time limit]. Section 116.10(f) was redesignated 116.10(e) in
the December 1, 1989, submittal.
The revision to Section 116.10(a)(1), General Requirements of the
TACB Public Notification Procedures, requires the Executive Director of
TACB to inform a permit applicant within 90 days of receipt of an
application if the application is determined incomplete and additional
information needed. If the application is determined to be complete,
the Executive Director shall state his preliminary determination to
issue or deny the permit. If the application is complete, for any
permit subject to the Federal Clean Air Act (FCAA), Part C or D or to
40 CFR 51.165(b), the Executive Director shall state his preliminary
determination to issue or deny the permit and require the applicant to
conduct public notice of the proposed construction. If an application
is received for a permit not subject to the FCAA, Part C or D or to 40
CFR 51.165(b), the Executive Director shall require the applicant to
conduct public notice of the proposed construction.
The revision to Section 116.10(c)(1) and the addition of
116.10(c)(1)(A), (B), and (C) modifies the requirements for the
notification of an applicant of the
[[Page 49786]]
final action on a permit application. The revised section requires the
Executive Director of TACB to notify the applicant, within 180 days of
receipt of a completed application, of his final decision to grant or
deny the permit provided that: (A) No request for public hearing or
public meeting on the proposed facility have been received; (B) The
applicant has satisfied all public notification requirements of this
section; and (C) The Federal regulations for PSD of Air Quality do not
apply.
The addition of 116.10(f) sets a permit processing time limit. This
section gives an applicant for a permit the right to appeal in writing
to the Executive Director of TACB if a permit is not acted upon within
the time limits provided in Section 116.10. Section 116.10(f) was
redesignated 116.10(e) in the December 1, 1989, submittal.
4. Adopted by TACB on July 15, 1988; Governor Submitted to EPA on
September 29, 1988; EPA Received October 12, 1988
The State submitted revisions which redesignated Rule 116.1 to
Section 116.1(a), added a new Section 116.1(b), revised section
116.3(a)(13) [for PSD], and revised section 116.10(a)(7). Revisions to
Rules 116.6 and 116.7 were also adopted, but were not submitted to EPA
as a SIP revision.
Section 116.3(a)(13) for PSD has been acted upon in a separate
Federal Register action as discussed elsewhere in this Federal Register
action. Section 116.3(a)(13) was redesignated to Section 116.3(a)(11)
in the May 13, 1992, submittal. The revision to Section 116.10(a)(7)
has been replaced by a more recent revision of the section. EPA is
approving the redesignation of section 116.1 to Section 116.1(a) and
the addition of a new section 116.1(b). The addition of section
116.1(b) helps streamline the administrative procedures associated with
changes in ownership of previously permitted facilities.
5. Adopted by TACB on August 11, 1989; Governor Submitted to EPA on
December 1, 1989; EPA Received December 21, 1989
The State submitted revisions of sections 116.1(a), 116.3(f),
116.5, 116.10(a)(6) [Exemptions of previously permitted facilities,
currently designated 116.10(a)(7) in State regulation], 116.10(b)(1),
116.10(d), 116.11(b)(3) introductory paragraph, 116.11(e), 116.11(f),
the deletion/repeal of section 116.10(e) [Effective Date], and the
redesignation of 116.10(f) [processing time limit] to 116.10(e). The
State also deleted/repealed Section 116.7, Special Permits, but did not
submit this to EPA because Section 116.7, Special Permits, has never
been approved as part of the Texas SIP.
Basically, this revision to Regulation VI repeals section 116.7,
Special Permits, and removes all references to new special permits in
Regulation VI. References to existing special permits are retained in
the regulation.
EPA is approving this revision of section 116.1(a); the addition of
Section 116.3(f); the revisions of 116.5, 116.10(a)(7) [Exemptions of
previously permitted facilities], 116.10(b)(1), 116.10(d); the
deletion/repeal of section 116.10(e) [Effective Date]; and the
redesignation of 116.10(f) [processing time limit] to 116.10(e); and
the revisions of 116.11(b)(3), 116.11(e), and 116.11(f).
The new section 116.3(f) provides for voidance of a grossly
deficient permit application. The revision to section 116.5 provides
for a warning to applicants that a grossly deficient application may be
voided. This revision to section 116.10(a)(7) [Exemptions of previously
permitted facilities], adds a reference to special permits and makes
editorial changes to section 116.10(a)(7)(A) and deletes section
116.10(a)(7)(B). Section 116.10(a)(7)(B) had given conditions under
which a new owner could be exempted from the requirements of Regulation
VI. Section 116.10(d) was revised to remove references to special
permits (see discussion in Section B.1 of this preamble concerning an
earlier revision to Section 116.10(d), adopted by TACB on July 26,
1985, and submitted to EPA on December 11, 1985). The deletion/repeal
of section 116.10(e) [Effective Date], removes obsolete language
regarding effective dates. Section 116.10(f), processing time limit, is
redesignated section 116.10(e). The revisions of Sections 116.11(b)(3),
116.11(e), 116.11(f) clarify that the agency does not require fees for
amendments to Special Permits and that a permit fee is not refunded if
a permit application is voided.
6. Adopted by TACB on May 18, 1990; Governor Submitted to EPA on
September 18, 1990; EPA Received September 28, 1990
EPA is acting on this entire submittal. This revision adds sections
116.1(c), 116.3(a)(1)(A), and 116.3(a)(1)(B) to Regulation VI.
Section 116.1(c) specifies that any application for a permit or
permit amendment with an estimated capital cost of the project over $2
million be submitted under seal of a registered professional engineer.
Section 116.3(a)(1)(A) requires TACB to consider short-term and long-
term side effects proposed sources will have on individuals attending
schools located within 3,000 feet of the school. Section 116.3(a)(1)(B)
states that a new lead smelting plant cannot be located within 3,000
feet of an individual residence.
7. Adopted by TACB on September 20, 1991; Governor Submitted to EPA on
November 5, 1991; EPA Received November 15, 1991
This revision adds section 116.3(a)(15) which establishes distance
requirements between new hazardous waste management facilities and
areas of public access. This amendment is to satisfy the statutory
requirements of Texas Senate Bill 1099. This rule does not conflict
with the Federal Resource Conservation and Recovery Act and current
implementing regulations. EPA is approving this revision as submitted.
Section 116.3(a)(15) was redesignated to Section 116.3(a)(13) in the
May 13, 1992, submittal.
8. Adopted by TACB on May 8, 1992; Governor Submitted to EPA on May 13,
1992; EPA Received May 21, 1992
This revision modifies section 116.3(a) paragraphs (1), (3), (4),
and (5); deletes paragraphs (7) and (10); redesignates paragraphs (8),
(9), (11), (12), (13), (14), and (15) respectively to paragraphs (7),
(8), (9), (10), (11), (12), and (13); revises the redesignated
paragraphs (7), (8), (9), (10), (11), (12), and (13); modifies section
116.3(c) and paragraph 116.3(c)(1); and modifies section 116.11(b)(4).
This revision includes provisions to satisfy provisions of the 1990
CAA. Those provisions are addressed in section A.3 of this Federal
Register action. Other modifications are described below.
Section 116.11(b)(4) is modified to increase the previously
approved permit fee from $50,000 to $75,000 when no estimate of capital
cost is included with a permit application.
This submittal includes new and revised definitions in Section
101.1 which pertain to nonattainment permitting. These definitions are
consistent with the definitions in 40 CFR 51.165(a)(1) and the terms in
the 1990 CAA. Thus, EPA is approving the definitions in Sec. 101.1 as
adopted by the TACB and submitted by the Governor on May 13, 1992.
The revisions submitted on May 13, 1992, contain other minor
revisions and clarifications, as described in the Technical Support
Document. EPA has reviewed these changes and determines that they are
approvable. Thus, EPA is
[[Page 49787]]
approving the provisions of Regulation VI as adopted by the TACB and
submitted by the Governor on May 13, 1992.
9. Adopted by TACB on October 16, 1992; Governor Submitted to EPA on
November 13, 1992; EPA Received November 16, 1992
This revision includes provisions to satisfy provisions of the 1990
CAA. Those provisions are addressed in section A.3 of this Federal
Register action. Other modifications are described below.
This revision modified Section 116.12, ``Review and Renewal of
Permits'', Paragraphs (a), (b)(1)(B), (b)(2), (c), (d), (f), (g), and
(h); and added Section 116.14, ``Compliance History Requirements.''
Revisions to Section 116.12, ``Review and Renewal of Permits'' were
submitted November 13, 1992. In this submittal, only revisions to
paragraphs (a), (b)(1)(B), (b)(2), (c), (d), (f), and (g), and (h) of
Section 116.12 were submitted. There is no record in EPA files of any
other provision of this section ever being submitted. Section 116.12
was originally adopted by TACB on August 22, 1986, under the title
``Review and Continuance of Operating Permits''. A revision was adopted
March 25, 1988. This section provides that a permit is subject to
renewal 15 years from date of issuance if the permit was issued before
December 1, 1991. Permits issued on or after December 1, 1991, are
subject to renewal every five years after date of issuance. Section
116.12 specifies the procedures for applying for and receiving a permit
renewal.
Because TACB only submitted the portions of Section 116.12 that
were revised on October 16, 1992, only portions of this section were
available for EPA to act on. On August 31, 1993, TACB submitted a
Recodification of Regulation VI which included the provisions of
Section 116.12 in a new Subchapter D: ``Permit Renewals,'' which
includes Sections 116.310, 116.311, 116.312, 116.313, and 116.314. EPA
will act on this Recodification of Regulation VI in a separate Federal
Register action. Because the November 13, 1992, submittal does not
include the entire Section 116.12, EPA is not acting on the portions of
Section 116.12 submitted November 13, 1992.
On October 16, 1992, the TACB adopted Section 116.14, ``Compliance
History Requirements.'' This Section requires that a review of an
application for a construction permit, review of an amendment, or
renewal of an existing permit include a review of the source's
compliance history. In this action, EPA is approving Section 116.14, as
submitted by the Governor on November 13, 1992.
With the exception of the revisions to Section 116.12, EPA is
approving the revisions to Regulation VI as adopted by TACB and
submitted by the Governor on November 13, 1992. The revisions to
Section 116.12 are not being acted on in this Federal Register for the
reasons stated above.
10. Adopted by TACB on August 16, 1993; Governor Submitted to EPA on
August 31, 1993; EPA Received October 4, 1993
The TACB completely recodified and reorganized Regulation VI on
August 16, 1993. TACB also revised the permitting requirements in
nonattainment areas to include several NSR provisions.
As discussed above in footnote 1, the only provision of this
submittal that is being approved in this action is Table I which is
found at Section 116.012 ``Nonattainment Review Definitions.'' The
Table was originally submitted on May 13, 1992, as part of Section
101.1 ``General Rules: Definitions''. However, the Table contained
typographical errors which needed to be corrected in order to be
approved. The TACB corrected the errors when it recodified Regulation
VI. This corrected table is needed for approval of the nonattainment
permitting requirements being addressed in this action. Therefore, in
this action, EPA is approving the corrected Table I as submitted August
31, 1993, in lieu of Table I as submitted May 13, 1992.
The remaining provisions of the recodification are currently being
reviewed by EPA and will be acted upon in a separate Federal Register
action.
Final Action
By this action, EPA is approving the following revisions to TACB
Regulation 101 (31 TAC Chapter 101), ``General Rules'' of the Texas SIP
as adopted by TACB on May 8, 1992, and submitted to EPA by the Governor
on May 13, 1992. EPA is approving revisions to the definitions in Rule
101.1, except for Table I. By this action, EPA is also approving the
following revisions to TACB Regulation VI (31 TAC Chapter 116),
``Control of Air Pollution by Permits for New Construction or
Modification'' of the Texas SIP.
A. Adopted by TACB on July 26, 1985, and submitted to EPA on
December 11, 1985: EPA is approving revisions to sections 116.2 and
116.10(a)(4) as submitted.
B. Adopted by TACB on July 17, 1987, and submitted to EPA on
October 26, 1987: EPA is approving a revision to section 116.10(a)(3)
as submitted.
C. Adopted by TACB on December 18, 1987, and submitted to EPA on
February 18, 1988: EPA is approving revisions to sections 116.10(a)(1)
and 116.10(c)(1) introductory paragraph; the addition of section
116.10(c)(1)(A), (B), and (C); and the addition of 116.10(f) [permit
processing time limit].
D. Adopted by TACB on July 15, 1988, and submitted to EPA on
September 29, 1988: EPA is approving the redesignation of existing Rule
116.1 to section 116.1(a), the addition of a new section 116.1(b), and
the redesignation of 116.10(a)(6) [Exemptions of previously permitted
facilities] to 116.10(a)(7), as submitted.
E. Adopted by TACB on August 11, 1989, and submitted to EPA on
December 1, 1989: EPA is approving revisions of sections 116.1(a),
116.3(f), 116.5; 116.10(a)(7) [Exemptions of previously permitted
facilities]; revisions of 116.10(b)(1), 116.10(d), 116.11(b)(3)
introductory paragraph, 116.11(e), 116.11(f); the deletion of section
116.10(e) [Effective Date]; and the redesignation of section 116.10(f)
[Processing time limit] to section 116.10(e).
F. Adopted by TACB on May 18, 1990, and submitted to EPA on
September 18, 1990: EPA is approving the addition of sections 116.1(c),
116.3(a)(1)(A), and 116.3(a)(1)(B), as submitted.
G. Adopted by TACB on September 20, 1991, and submitted to EPA on
November 5, 1991: EPA is approving the addition of sections
116.3(a)(15), as submitted.
H. Adopted by TACB on May 8, 1992, and submitted to EPA on May 13,
1992: EPA is approving revisions to sections 116.3(a)(1), (3), (4),
(5), (7), (8), (9), (10), (11), (12), and (13); and 116.3(c)(1) and
(b)(4), as submitted.
I. Adopted by TACB on October 16, 1992, and submitted to EPA on
November 13, 1992: EPA is approving revisions to sections 116.3(a);
116.3(a)(7) and (10); and 116.14, as submitted. No action is being
taken on the revisions to section 116.12 for the reasons stated in this
preamble.
J. Adopted by TACB on August 16, 1993, and submitted to EPA on
August 31, 1993: EPA is approving the adoption of Table I in section
116.012. No action is being taken on other provisions of this submittal
for the reasons stated in this preamble.
Regulatory Process
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial
[[Page 49788]]
amendment and anticipates no adverse comments. However, in a separate
document in this Federal Register publication, the EPA is proposing to
approve the SIP revision should adverse or critical comments be filed.
Thus, today's direct final action will be effective November 27, 1995
unless, by October 27, 1995, adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective November 27, 1995.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
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. 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.
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 imposing. Therefore, because the Federal SIP-approval
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the Federal-State relationship under the Act, preparation of
a regulatory 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. Union Carbide Co. v.
U.S.E.P.A., 427 U.S. 246, 256-66 (S. Ct 1976); 42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Sections 110, 172, 173,
182, 187, 189, and 191 of the CAA. These rules may bind State, local
and tribal governments to perform certain actions and also require the
private sector to perform certain duties. To the extent that the rules
being approved by this action will impose no new requirements, such
sources are already subject to these regulations under State law.
Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, result from this action. EPA has
also determined that this final action does not include a mandate that
may result in estimated costs of $100 million or more to State, local,
or tribal governments in the aggregate or to the private sector.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 27, 1995. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides.
Note: Incorporation by reference of the SIP for the State of
Texas was approved by the Director of the Federal Register on July
1, 1982.
Dated: July 10, 1995.
A. Stanley Meiburg,
Deputy Regional Administrator.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart SS--Texas
2. Section 52.2270 is amended by adding paragraph (c)(97) to read
as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
(97) Revisions to the Texas SIP addressing revisions to the Texas
Air Control Board (TACB) General Rules, 31 Texas Administrative Code
(TAC) Chapter 101, ``General Rules'', section 101.1, ``Definitions'',
and revisions to TACB Regulation VI, 31 TAC Chapter 116, ``Control of
Air Pollution by Permits for New Construction or Modification,'' were
submitted by the Governor of Texas by letters dated December 11, 1985,
October 26, 1987, February 18, 1988, September 29, 1988, December 1,
1989, September 18, 1990, November 5, 1991, May 13, 1992, November 13,
1992, and August 31, 1993.
(i) Incorporation by reference.
(A) Revisions to TACB Regulation VI, 31 TAC Chapter 116, sections
116.2 and 116.10(a)(4), as adopted by the TACB on July 26, 1985.
(B) TACB Board Order No. 85-07, as adopted by the TACB on July 26,
1985.
(C) Amended TACB Regulation VI, 31 TAC Chapter 116, section
116.10(a)(3) as adopted by the TACB on July 17, 1987.
(D) TACB Board Order No. 87-09, as adopted by the TACB on July 17,
1987.
(E) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.10(a)(1), 116.10(c)(1), 116.10(c)(1)(A), 116.10(c)(1)(B),
116.10(c)(1)(C) and 116.10(f), as adopted by the TACB on December 18,
1987.
(F) TACB Board Order No. 87-17, as adopted by the TACB on December
18, 1987.
(G) Amended TACB Regulation VI, 31 TAC Chapter 116, redesignation
of section 116.1 to 116.1(a), revision to section 116.1(b), and
redesignation of
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116.10(a)(6) to 116.10(a)(7), as adopted by the TACB on July 15, 1988.
(H) TACB Board Order No. 88-08, as adopted by the TACB on July 15,
1988.
(I) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.1(a), 116.3(f), 116.5, 116.10(a)(7), 116.10(b)(1), 116.10(d),
116.10(e), 116.11(b)(3), 116.11(e), and 116.11(f), as adopted by the
TACB on August 11, 1989.
(J) TACB Board Order No. 89-06, as adopted by the TACB on August
11, 1989.
(K) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.1(c), 116.3(a)(1), 116.3(a)(1)(A), and 116.3(a)(1)(B), as adopted
by the TACB on May 18, 1990.
(L) TACB Board Order No. 90-05, as adopted by the TACB on May 18,
1990.
(M) Amended TACB Regulation VI, 31 TAC Chapter 116, section
116.1(a)(15), as adopted by the TACB on September 20, 1991.
(N) TACB Board Order No. 91-10, as adopted by the TACB on September
20, 1991.
(O) Revisions to TACB General Rules, 31 TAC Chapter 101 to add
definitions of ``actual emissions''; ``allowable emissions''; ``begin
actual construction''; ``building, structure, facility, or
installation''; ``commence''; ``construction''; ``de minimis
threshold''; ``emissions unit''; ``federally enforceable''; ``necessary
preconstruction approvals or permits''; ``net emissions increase'';
``nonattainment area''; ``reconstruction''; ``secondary emissions'';
and ``synthetic organic chemical manufacturing process'' and to modify
definitions of ``fugitive emission''; ``major facility/stationary
source''; and ``major modification'' (except for Table I), as adopted
by the TACB on May 8, 1992.
(P) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.3(a)(1), (3), (4), (5), (7), (8), (9), (10), (11), (12), and (13);
116.3(c)(1); and 116.11(b)(4), as adopted by the TACB on May 8, 1992.
(Q) TACB Board Order No. 92-06, as adopted by the TACB on May 8,
1992.
(R) Amended TACB Regulation VI, 31 TAC Chapter 116, sections
116.3(a); 116.3(a)(7) and (10); 116.3(c); and 116.14 as, adopted by the
TACB on October 16, 1992.
(S) TACB Board Order No. 92-18, adopted by the TACB on October 16,
1992.
(T) Amended TACB Regulation VI, 31 TAC Chapter 116, Table I, as
adopted in section 116.012 by the TACB on August 16, 1993, is approved
and incorporated into section 101.1 in lieu of Table I adopted May 8,
1992.
(U) TACB Board Order No. 93-17, as adopted by the TACB on August
16, 1993
(ii) Additional materials--None.
[FR Doc. 95-23962 Filed 9-26-95; 8:45 am]
BILLING CODE 6560-50-P
