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

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.

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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

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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

[[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