Approval and Promulgation of Air Quality Implementation Plans; Texas; Revision to the State Implementation Plan (SIP) Addressing Ozone Monitoring

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-41-01-6273a; FRL-5075-8]

Approval and Promulgation of Air Quality Implementation Plans;

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

Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to Texas' SIP for ozone. This

action is based upon a revision request which was submitted by the

State to satisfy the requirements of the Clean Air Act (Act), as

amended November 15, 1990, and the Photochemical Assessment Monitoring

Stations (PAMS) regulations. The PAMS regulation requires the State to

provide for the establishment and maintenance of an enhanced ambient

air quality monitoring network in the form of PAMS by November 12,

1993.

DATES: This final rule is effective December 5, 1994 unless adverse

comments are received by November 3, 1994. If the effective date is

delayed, timely notice will be published in the Federal Register (FR).

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs,

Chief, Planning Section, at the EPA Regional Office listed below.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the following

locations. The interested persons who want 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, TX 75202-2733.

The Air and Radiation Docket and Information Center, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Texas Natural Resource Conservation Commission (TNRCC), Air Quality

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

A, Austin, TX 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:

I. Summary of State Submittal

On November 15, 1993, the TNRCC submitted to the EPA a SIP

revision, incorporating PAMS into the ambient air quality monitoring

network of State or Local Air Monitoring Stations (SLAMS) and National

Air Monitoring Stations (NAMS). The State will establish and maintain

PAMS as part of its overall ambient air quality monitoring network.

Section 182(c)(1) of the Act and the General Preamble (57 FR 13515)

require that the EPA promulgate rules for enhanced monitoring of ozone,

oxides of nitrogen (NOX), and volatile organic compounds (VOC) no later

than 18 months after the date of the enactment of the Act. In addition,

the Act requires that, following the promulgation of the rules relating

to enhanced ambient monitoring, the State must commence actions to

adopt and implement a program based on these rules, to improve

monitoring for ambient concentrations of ozone, NOX, and VOC and to

improve monitoring of emissions of NOX and VOC.

The final PAMS rule was promulgated by the EPA on February 12, 1993

(58 FR 8452). Section 58.40(a) of the revised rule requires the State

to submit a PAMS network description, including a schedule for

implementation, to the Administrator within six months after

promulgation or by August 12, 1993. Further, Sec. 58.20(f) requires the

State to provide for the establishment and maintenance of a PAMS

network within nine months after promulgation of the final rule or by

November 12, 1993.

On August 23, 1994, the TNRCC submitted a PAMS network description

for the State of Texas, including a schedule for implementation. This

submittal is currently being reviewed by the EPA and is intended to

satisfy the requirements of 40 CFR 58.40(a). Since network descriptions

may change annually, they are not part of the SIP as recommended by the

Guideline for the Implementation of the Ambient Air Monitoring

Regulations 40 CFR part 58. However, the network description is

negotiated and approved during an annual review as required by 40 CFR

58.25 and 58.36, respectively, and the revision to be codified at 40

CFR 58.46.

The TNRCC approved the proposed revision to the Texas ozone SIP on

November 10, 1993. On November 15, 1993, the TNRCC submitted the SIP

revision to the EPA. This submittal was included with the State's 15%

Rate of Progress SIP; however, in this action, the EPA is only acting

on and approving the PAMS section of the SIP, and this section will be

referred to as the PAMS SIP revision. The EPA will address the

remainder of the 15% Plan in later FR documents.

The EPA sent the Governor of Texas a letter on January 14, 1994,

finding the submittal administratively complete.

Texas PAMS SIP revision is intended to meet the requirements of

section 182(c)(1) of the Act and affect compliance with the PAMS

regulations, to be codified at 40 CFR part 58, as promulgated on

February 12, 1993.

The TNRCC held public hearings on the PAMS SIP revision on August

23-26, 1993, and no comments were received either during the public

hearings or public comment period with the exception of the comment by

the EPA as referenced below relating to the need for public access to a

description of the monitoring network and the implementation schedule.

II. Analysis of State Submittal

The Texas PAMS SIP revision will provide Texas with the authority

to establish and operate the PAMS sites, secure State funds for PAMS

and provide the EPA with the authority to enforce the implementation of

PAMS, since their implementation is required by the Act.

The criteria used to review the proposed SIP revision are derived

from the PAMS regulations, to be codified at 40 CFR part 58, the

Guideline for the Implementation of the Ambient Air Monitoring

Regulations 40 CFR part 58 (EPA-450/4-78-038, Office of Air Quality

Planning and Standards, November 1979), the September 2, 1993,

memorandum from G. T. Helms entitled Final Boilerplate Language for the

PAMS SIP Submittal (Helms boilerplate memorandum), the Act and the

General Preamble.

The September 2, 1993, Helms boilerplate memorandum stipulates that

the PAMS SIP, at a minimum, must: enable the monitoring of criteria

pollutants, such as ozone and Nitrogen Dioxide and non-criteria

pollutants, such as NOX, Nitric Oxide, speciated VOC, including

carbonyls, as well as meteorological parameters; provide a copy of the

approved (or proposed) PAMS network description, including the phase-in

schedule, for public inspection during the public notice and/or comment

period provided for in the SIP revision or, alternatively, provide

information to the public upon request concerning the State's plans for

implementing the rules; make reference to the fact that PAMS will

become a part of the State or local air monitoring stations (SLAMS)

network; and provide a statement that SLAMS will employ Federal

reference (FRM) or equivalent methods while most PAMS sampling will be

conducted using methods approved by the EPA which are not FRM or

equivalent.

The Texas PAMS SIP revision provides that the State will implement

PAMS as required in 40 CFR part 58, as amended February 12, 1993. The

State will amend its SLAMS and its National Air Monitoring Stations

(NAMS) monitoring systems to include the PAMS requirements. It will

develop its PAMS network design and establish monitoring sites pursuant

to 40 CFR part 58 in accordance with an approved network description

and as negotiated with the EPA through the 105 grant process on an

annual basis. The State has begun implementing its PAMS network as

required in 40 CFR part 58.

The Texas PAMS SIP revision also includes a provision to meet

quality assurance requirements as contained in 40 CFR part 58, appendix

A. The State also assures that the State's PAMS monitors will meet

monitoring methodology requirements contained in 40 CFR part 58,

appendix C. Lastly, the State assures that the Texas PAMS network will

be phased in over a period of five years as required in Sec. 58.44. The

State's PAMS SIP submittal and the EPA's technical support document are

available for viewing at the EPA Region 6 Office and the TNRCC Austin

Office as outlined under the ``Addresses'' section of this FR document.

The State revised its PAMS SIP to include Region 6's comment on the

draft SIP that the description of the monitoring network and

implementation schedule should be made available to the public. The

final PAMS SIP for which the public hearing was held included a

statement that the network description and implementation schedule will

be on file for public inspection.

III. Rulemaking Action

In this action, the EPA is approving the revision to the Texas

ozone SIP for PAMS. The EPA is publishing this action without prior

proposal because the Agency views this as a noncontroversial amendment

and anticipates no adverse comments. However, in a separate document in

the FR publication, the EPA is proposing to approve the SIP revision

should adverse comments be received. Thus, the action will be effective

December 5, 1994 unless, by November 3, 1994, adverse or critical

comments are received.

If such comments are received, this action will be withdrawn before

the effective date by publishing a subsequent document which will

withdraw the final action. All public comments 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 comments are received, the public is advised

that this action will be effective on December 5, 1994.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the Clean Air Act

Amendments. The EPA has determined that this action conforms with those

requirements.

Nothing in this action should be construed as permitting, allowing,

or establishing a precedent for any future request for revision to any

SIP. The EPA shall consider each request for revision to the SIP in

light of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

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

Act 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 Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act 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 Act, petitions for judicial review

of this action must be filed in the U.S. Court of Appeals for the

appropriate circuit by December 5, 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)).

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the FR on January 19,

1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum

from Michael H. Shapiro, Acting Assistant Administrator for Office of

Air and Radiation. The Office of Management and Budget has exempted

this action from review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic

compounds.

Note: Incorporation by reference of the SIP for the State of

Texas was approved by the Director of the FR on July 1, 1982.

Dated: September 13, 1994.

Jane N. Saginaw,

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.

2. Section 52.2270 is amended by adding paragraph (c)(90) to read

as follows:

Sec. 52.2270 Identification of plan.

* * * * *

(c) * * *

(90) A revision to the Texas SIP regarding ozone monitoring. The

State of Texas will modify its SLAMS and its NAMS monitoring systems to

include a PAMS network design and establish monitoring sites. The

State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.

(i) Incorporation by reference.

(A) TNRCC Order Number 93-24 as adopted by the TNRCC November 10,

1993.

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

Implementation Plan (SIP) for the Control of Ozone Air Pollution''

adopted by the TNRCC on November 10, 1993, addressing: 1993 Rate-of-

Progress SIP for Dallas/Fort Worth, El Paso, Beaumont/Port Arthur and

Houston/Galveston Ozone Nonattainment Areas, Section VI: Control

Strategy, B. Ozone Control Strategy, 7. SIP Revisions for 1993 Rate-of-

Progress (new.), a. Ozone Control Plan, 1) General, f) Photochemical

Assessment Monitoring Stations, page 87, second paragraph, first

sentence; third paragraph; fourth paragraph; and, the fifth paragraph

which ends on page 88; page 88, first complete paragraph, including

numbers (1), (2) and (3).

(ii) Additional material.

(A) The Texas SIP revision narrative regarding PAMS.

(B) TNRCC certification letter dated November 10, 1993, and signed

by Gloria A. Vasquez, Chief Clerk, TNRCC.

[FR Doc. 94-24423 Filed 10-3-94; 8:45 am]

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