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Approval and Promulgation of Air Quality Implementation Plans; Texas; Permit Revisions

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: September 27, 1995 (Volume 60, Number 187)]
[Rules and Regulations]
[Page 49781-49789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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.



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 (6TA), 
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

 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 NOXcontrol and NOXoffsets.
    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 <SUP>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.



    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 NOXunless 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 NOXcontrol 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 NOXcontrols 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 NOXcontrol 
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 NOXwould 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 NOXas 
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 NOXpursuant to Section 182(c). In severe ozone 
nonattainment areas, the ``major stationary source'' threshold is 25 
TPY of VOC and, presumptively, 25 TPY of NOXpursuant 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 NO<INF>X
moderate 100 TPY of VOC and 100 TPY of NO<INF>X
serious 50 TPY of VOC and 50 TPY of NO<INF>X
severe 25 TPY of VOC and 25 TPY of NO<INF>X

    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 NOXis 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 NOXin 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

 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 longterm 
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]

 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 

[[Page 49789]]
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

 
 

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