Approval and Promulgation of Air Quality Implementation Plans; Texas; Revision to the State Implementation Plan (SIP) Addressing Carbon Monoxide (CO) for El Paso

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-23-1-6390; FRL-5063-6]

Approval and Promulgation of Air Quality Implementation Plans;

Texas; Revision to the State Implementation Plan (SIP) Addressing

Carbon Monoxide (CO) for El Paso

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves a revision to the Texas SIP addressing CO

for El Paso. Certain elements of the complete El Paso CO SIP were

submitted by the Governor of Texas to the EPA in order to meet the

November 15, 1992, deadline for the purpose of bringing about the

attainment of the National Ambient Air Quality Standards (NAAQS) for

CO. These elements satisfy certain Federal requirements for an

approvable nonattainment area CO SIP for El Paso. This Federal Register

(FR) action approves some of the elements of the complete El Paso CO

SIP, including the 1990 base year CO emissions inventory and the

oxygenated fuels program. The remaining elements of the complete El

Paso CO SIP have been or will be acted upon in separate FR actions.

EFFECTIVE DATE: This final rule will become effective on October 12,

1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations. The interested persons wanting to examine these

documents should make an appointment with the appropriate office at

least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch

(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.

U.S. Environmental Protection Agency, Air and Radiation Docket and

Information Center, 401 M Street SW., Washington, DC 20460.

Texas Natural Resource Conservation Commission, Air Quality Planning

Annex, 12118 North IH-35, Park 35 Technology Center, Building A,

Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia Cupp, Planning Section

(6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, Dallas,

Texas 75202-2733, telephone (214) 665-8015.

SUPPLEMENTARY INFORMATION:

Background

A segment of El Paso, Texas, was designated nonattainment for CO

and classified as moderate with a design value below 12.7 parts per

million (ppm.) (specifically 12.6), under sections 107(d)(4)(A) and

186(a) of the Clean Air Act (CAA), upon enactment of the Clean Air Act

Amendments of 1990.1 Please reference 56 FR 56694 (November 6,

1991), 57 FR 13498, and 13529 (April 16, 1992). The air quality

planning requirements for moderate CO nonattainment areas with a design

value less than or equal to 12.7 ppm. are set out in subparts one and

three of part D, title I of the CAA.

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\1\The 1990 Amendments to the CAA made significant changes to

the air quality planning requirements for areas that do not meet (or

that significantly contribute to ambient air quality in a nearby

area that does not meet) the CO NAAQS (see Public Law Number 101-

549, 104 Stat. 2399). References herein are to the CAA, as amended,

42 U.S.C. 7401 et seq.

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The EPA has issued a ``General Preamble'' describing the EPA's

preliminary views on how the EPA intends to review SIPs and SIP

revisions submitted under title I of the CAA, including those State

submittals containing moderate CO nonattainment area SIP requirements.

See generally 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28,

1992).

Moderate CO nonattainment areas less than 12.7 ppm., such as El

Paso, were required to submit SIPs to the EPA by November 15, 1992,

containing specifically: (1) A comprehensive, accurate, and current

inventory of actual emissions from all sources of CO in the

nonattainment area (sections 172(c)(3) and 187(a)(1) of the CAA); (2)

no later than September 30, 1995, and no later than the end of each

three year period thereafter, until the area is redesignated to

attainment, a revised inventory meeting the requirements of sections

187(a)(1) and 187(a)(5) of the CAA; (3) a permit program to be

submitted by November 15, 1993, which meets the requirements of section

173 for the construction and operation of new and modified major

stationary sources of CO (section 172(c)(5)); (4) contingency measures

due November 15, 1993, that are to be implemented if the EPA determines

that the area has failed to attain the primary standards by the

applicable date (section 172(c)(9)); (5) a commitment to upgrade the

current I/M program and submit a SIP revision for the I/M program by

November 15, 1993, (section 187(a)(4)); and (6) an oxygenated fuels

program (section 211(m)).

Section 110(k) of the CAA sets out provisions governing the EPA's

review of SIP submittals (see 57 FR 13565-13566). The EPA announced its

proposed approval of the El Paso CO emission inventory and the

oxygenated fuels regulations on April 4, 1994 (58 FR 15683-15686) and

requested public comments. No comments were received. In this FR

action, the EPA is approving two of the elements of the complete El

Paso CO SIP, specifically the 1990 base year CO emissions inventory,

and the oxygenated fuels program. The remaining elements of the

complete El Paso CO SIP will be acted upon in separate FR actions.

Response to Comments

As stated previously, the EPA proposed approval of the El Paso CO

emission inventory and the oxygenated fuels regulations on April 4,

1994 (59 FR 15683-15686), and no comments were received regarding the

proposed approval.

Final Action

Section 110(k) of the CAA sets out provisions governing the EPA's

review of SIP submittals (see 57 FR 13565-13566). The EPA in this

action is approving the following elements of the complete El Paso CO

SIP: the 1990 base year CO emissions inventory and the oxygenated fuels

program. These two elements meet all of the applicable requirements of

the CAA. The remaining elements of the complete El Paso CO SIP that

were submitted to the EPA by November 15, 1992, or by November 15,

1993, will be or have been acted upon in separate FR actions.

On October 23, 1992, the Governor of Texas submitted to the EPA a

SIP narrative revision for CO concerning El Paso, which included the

general SIP revision and the oxygenated fuels regulations. The State

also submitted to the EPA a completed emissions inventory on November

17, 1992, and a commitment to upgrade the existing

I/M program on November 15, 1992.

The EPA announced its proposed approval of the El Paso CO emission

inventory and the oxygenated fuels regulations on April 4, 1994 (59 FR

15683-15686) and requested public comments. No comments were received.

In that rulemaking action, the EPA described in detail its

interpretation of title I and its rationale for proposing to approve

these elements of the El Paso CO SIP after taking into consideration

the specific factual issues presented. It is important to note that the

El Paso CO 1990 base year inventory consists of the following list of

the CO peak season daily emissions estimates in tons per day (t/d):

Point Sources, nine t/d; Area Sources, three t/d; Mobile On-Road

Sources, 291 t/d; Mobile Nonroad Sources, 67 t/d; Total Sources, 370 t/

d.

This final action on the El Paso CO SIP is unchanged from the April

4, 1994, proposed approval action. The EPA prepared a detailed analysis

in its Technical Support Document as a part of its proposed approval

and which is available for review along with the current FR document at

the locations referenced in the beginning of this FR document. The

discussion herein provides only a broad overview of the proposed action

that the EPA is now finalizing. The public is referred to the April 4,

1994, proposed approval FR action for a full discussion of the action

that the EPA is now finalizing.

Nothing in this action should be construed as permitting, 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, economical, and

environmental factors, and in relation to relevant statutory and

regulatory requirements.

This action makes final the action proposed at 59 FR 15683 (April

4, 1994). As noted elsewhere in this action, the EPA received no public

comments on the proposed action. As a direct result, the Regional

Administrator has reclassified this action from table two to table

three under the processing procedures established at 54 FR 2214,

January 19, 1989, and revised via memorandum from the Assistant

Administrator for Air and Radiation to the Regional Administrators

dated October 4, 1993.

The EPA has reviewed these revisions to the El Paso CO SIP and is

approving the El Paso CO emission inventory and the oxygenated fuels

regulations in this action. Other elements described above will be or

have been addressed in separate FR documents.

Miscellaneous

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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

CAA do not create any new requirements, but simply approve requirements

that the State is already 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 CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

CAA forbids the EPA to base its actions concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct.

1976)); 42 U.S.C. 7410(a)(2).

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 14, 1994. 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)).

Executive Order 12866

This action has been classified as a Table Three 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 (OMB) has exempted this action from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Particulate

matter, Reporting and recordkeeping requirements.

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: August 10, 1994.

W.B. Hathaway,

Acting 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)(84) to read

as follows:

Sec. 52.2270 Identification of plan.

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(c) * * *

(84) A revision to the Texas SIP for the El Paso moderate carbon

monoxide nonattainment area which has a design value less than 12.7

parts per million was submitted by the Governor of Texas to meet the

November 15, 1992, CAA deadline. The elements in this incorporation

include the general SIP revision and the oxygenated fuels regulations

submitted to the EPA on October 23, 1992, and the completed emissions

inventory submitted to the EPA on November 17, 1992.

(i) Incorporation by reference.

(A) Addition of a new Section 114.13, ``Oxygenated Fuels'' to the

Texas Air Control Board (TACB), Regulation IV.

(B) TACB Board Order Number 92-15, as adopted by the TACB on

September 18, 1992.

(C) SIP narrative plan entitled ``Revisions to the State

Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for

Moderate Area--El Paso,'' adopted by the Texas Air Control Board

September 18, 1992, addressing: 3. 1992 CO SIP Revisions for Moderate

Area El Paso (new.) e. Attainment Demonstration, pages 9-10; f.

Oxygenated Fuels 3) Administrative Requirements, page 13, b) Clerical

Reviews, page 15, c) Field Inspections, page 15; and e) enforcement

(i)-(iv), pages 17-19.

(ii) Additional material.

(A) SIP narrative plan entitled ``Revisions to the State

Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for

Moderate Area--El Paso,'' adopted by the Texas Air Control Board

September 18, 1992.

(B) Governor of Texas submittal of November 13, 1992, regarding the

El Paso CO emissions inventory.

(C) The TACB certification letter dated October 1, 1992, and signed

by William R. Campbell, Executive Director, TACB.

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[FR Doc. 94-22398 Filed 9-9-94; 8:45 am]

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