Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Texas; Approval of the Maintenance Plan for Victoria County and Redesignation of the Victoria County Ozone Nonattainment Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[TX-53-1-6843a; FRL-5163-5]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Texas; Approval of

the Maintenance Plan for Victoria County and Redesignation of the

Victoria County Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On July 27, 1994 the State of Texas submitted a maintenance

plan and a request to redesignate the Victoria County, Texas ozone

nonattainment area to attainment. Under the Clean Air Act (CAA),

nonattainment areas may be redesignated to attainment if sufficient

data are available to warrant the redesignation and the area meets the

other CAA redesignation requirements. In this action, EPA is approving

Texas' redesignation request because it meets the maintenance plan and

redesignation [[Page 12454]] requirements set forth in the CAA and EPA

is approving the 1992 base year emissions inventory. The approved

maintenance plan will become a federally enforceable part of the State

Implementation Plan (SIP) for Victoria County, Texas.

DATES: This final rule is effective on May 8, 1995, unless notice is

received by April 6, 1995 that someone wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register (FR).

ADDRESSES: Comments should be mailed to Guy R. Donaldson, Acting Chief,

Air Planning Section (6T-AP), U.S. EPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202-2733. Copies of the State's petition and other

information relevant to this action are available for inspection during

normal hours at the following locations:

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

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

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

Protection Agency, 401 M Street, S.W., Washington, D.C. 20460.

Texas Natural Resource Conservation Commission, Office of Air Quality,

12124 Park 35 Circle, P.O. Box 13087, Austin, Texas 78711-3087.

Anyone wishing to review this petition at the U.S. EPA office is

asked to contact the person below to schedule an appointment 24 hours

in advance.

FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Planning Section (6T-

AP), Air Programs Branch, U.S. Environmental Protection Agency, Region

6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-

7219.

SUPPLEMENTARY INFORMATION:

Background

The CAA, as amended in 1977 required areas that were designated

nonattainment based on a failure to meet the ozone national ambient air

quality standard (NAAQS) to develop SIPs with sufficient control

measures to expeditiously attain and maintain the standard. Victoria

County, Texas was designated under section 107 of the 1977 CAA as

nonattainment with respect to the ozone NAAQS on March 3, 1978 (40 CFR

81.344). In accordance with section 110 of the 1977 CAA, the State of

Texas submitted an ozone SIP as required by part D on April 13, 1979.

EPA fully approved this ozone SIP on March 25, 1980 (45 FR 19244), and

August 13, 1984 (49 FR 32190).

On November 15, 1990, the CAA Amendments of 1990 were enacted

(Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q).

The ozone nonattainment designation for Victoria County continued by

operation of law according to section 107(d)(1)(C)(i) of the CAA, as

amended in 1990 (See 56 FR 56694, November 6, 1991). Since the State

had not yet collected the required three years of ambient air quality

data necessary to petition for redesignation to attainment, the

nonattainment area was further designated as nonclassifiable-incomplete

data for ozone.

The Texas Natural Resource Conservation Commission (TNRCC) more

recently has collected ambient monitoring data that show no violations

of the ozone National Ambient Air Quality Standard (NAAQS) of .12 parts

per million. The State developed a maintenance plan for Victoria

County, and solicited public comment during a public hearing on July 7,

1994. Accordingly, on July 27, 1994, Texas requested redesignation of

the area to attainment with respect to the ozone NAAQS and submitted an

ozone maintenance SIP for Victoria County. Please see the TSD for the

detailed air quality monitoring data.

Evaluation Criteria

The 1990 Amendments revised section 107(d)(3)(E) to provide five

specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment: (1) The area must have

attained the applicable NAAQS; (2) the area must meet all applicable

requirements under section 110 and part D of the CAA; (3) the area must

have a fully approved SIP under section 110(k) of the CAA; (4) the air

quality improvement must be permanent and enforceable; and, (5) the

area must have a fully approved maintenance plan pursuant to section

175A of the CAA. Section 107(d)(3)(D) allows a Governor to initiate the

redesignation process for an area to apply for attainment status.

Please see EPA's Technical Support Document (TSD) for a detailed

discussion of these requirements.

(1) Attainment of the NAAQS for Ozone

Attainment of the ozone NAAQS is determined based on the expected

number of exceedances in a calendar year. The method for determining

attainment of the ozone NAAQS is contained in 40 CFR 50.9 and appendix

H to that section. The simplest method by which expected exceedances

are calculated is by averaging actual exceedances at each monitoring

site over a three year period. An area is in attainment of the standard

if this average results in expected exceedances for each monitoring

site of 1.0 or less per calendar year. When a valid daily maximum

hourly average value is not available for each required monitoring day

during the year, the missing days must be accounted for when estimating

exceedances for the year. Appendix H provides the formula used to

estimate the expected number of exceedances for each year.

The State of Texas' request is based on an analysis of quality-

assured ozone air quality data which is relevant to both the

maintenance plan and to the redesignation request. The data come from

the State and Local Air Monitoring Station network. The request is

based on ambient air ozone monitoring data collected for 36 consecutive

months from May 3, 1991, through May 2, 1994, encompassing 3 valid

ozone seasons (1991-1993). The data clearly show an expected exceedance

rate of zero for the ozone standard.

Appendix H does not explicitly address the situation where a new

site collects data for only a portion of the calendar year. However,

this situation has been addressed in an EPA memorandum, ``Ozone and

Carbon Monoxide Design Value Calculations,'' William Laxton, Director,

Technical Support Division, OAQPS, June 18, 1990 (Laxton memo). The

missing data penalty created by the calculation is designed to

encourage prompt repair or replacement of monitors, rather than to

discourage air pollution control agencies from installing new

monitoring sites in excess of the number required by 40 CFR part 58.

For this reason, the Laxton memo essentially allows an agency which

installs a monitoring site to base the estimated exceedance calculation

for the initial year on the portion of the year following start-up of

the monitor. Based on the underlying reasoning of the Laxton memo and

the fact that there were no exceedances at the monitoring site during

the peak ozone season of May through September for the 3-year

monitoring period, EPA accepted the data as an adequate demonstration

that the ozone standard was attained in Victoria County.

In addition to the demonstration discussed above, EPA required

completion of air network monitoring requirements set forth in 40 CFR

part 58. This included a quality assurance plan revision and a

monitoring network review to determine the adequacy of the ozone

monitoring network. The TNRCC fulfilled these requirements to complete

documentation for the air quality demonstration. The TNRCC has also

[[Page 12455]] committed to continue monitoring in this area in

accordance with 40 CFR part 58.

In sum, EPA believes that the data submitted by the TNRCC provides

an adequate demonstration that Victoria County attained the ozone

NAAQS. Moreover, the monitoring data continue to show attainment in

1994 and in 1995 to date.

If the monitoring data records a violation of the NAAQS before the

direct final action is effective, the direct final approval of the

redesignation will be withdrawn and a proposed disapproval substituted

for the direct final approval.

(2) Section 110 Requirements

For purposes of redesignation, to meet the requirement that the SIP

contain all applicable requirements under the CAA, EPA has reviewed the

SIP to ensure that it contains all measures that were due under the CAA

prior to or at the time the State submitted its redesignation request,

as set forth in EPA policy. EPA interprets section 107(d)(3)(E)(v) of

the CAA to mean that, for a redesignation request to be approved, the

State must have met all requirements that applied to the subject area

prior to or at the same time as the submission of a complete

redesignation request. Requirements of the CAA that come due

subsequently continue to be applicable to the area at later dates (see

section 175A(c)) and, if redesignation of any of the areas is

disapproved, the State remains obligated to fulfill those requirements.

These requirements are discussed in the following EPA documents:

``Procedures for Processing Requests to Redesignate Areas to

Attainment,'' John Calcagni, Director, Air Quality Management Division,

September 4, 1992, ``State Implementation Plan (SIP) Actions Submitted

in Response to Clean Air Act (CAA) Deadlines,'' John Calcagni,

Director, Air Quality Management Division, October 28, 1992, and

``State Implementation Plan (SIP) Requirements for Areas Submitting

Requests for Redesignation to Attainment of the Ozone and Carbon

Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or

after November 15, 1992,'' Michael H. Shapiro, Acting Assistant

Administrator, September 17, 1993.

EPA has analyzed the SIP and determined that it is consistent with

the requirements of amended section 110(a)(2). The SIP contains

enforceable emission limitations, requires monitoring, compiling, and

analyzing ambient air quality data, requires preconstruction review of

new major stationary sources and major modifications to existing ones,

provides for adequate funding, staff, and associated resources

necessary to implement its requirements, and requires stationary source

emissions monitoring and reporting.

(3) Additional Section 110 and Part D Requirements

The TNRCC submitted a SIP revision entitled ``Revisions to Texas

Regulation V and the General Rules to Meet Reasonably Available Control

Technology Requirements'' (Texas RACT Catch-up and Victoria County Fix-

up). This SIP revision contains certain recordkeeping and monitoring

requirements necessary for Victoria County to have a fully-approved SIP

under section 110. The EPA is approving the Texas RACT Catch-up and

Victoria County Fix-up SIP revisions together in a separate action

concurrent with this Victoria County redesignation request. The Texas

RACT Catch-up and Victoria County Fix-up direct final approval notice

is located in the final rules section of this Federal Register. If

adverse or critical comments are received on the Texas RACT Catch-up

and Victoria County Fix-up action, the notice will be converted from a

direct final action to a proposal and those comments addressed in a

subsequent final action. In such a case, the Victoria County

redesignation direct final action will be converted to a proposal as

well. As discussed earlier in this document, all of the SIP

requirements must be met by the TNRCC and approved by EPA into the SIP

prior to or concurrent with final action on the redesignation request.

Before Victoria County can be redesignated to attainment, it also

must have fulfilled the applicable requirements of part D of the CAA.

Under part D, an area's classification indicates the requirements to

which it will be subject. Subpart 1 of part D sets forth the basic

nonattainment requirements applicable to all nonattainment areas,

classified as well as nonclassifiable. Subpart 2 of part D establishes

additional requirements for nonattainment areas classified under table

1 of section 181(a)(1). Since Victoria County is considered

nonclassifiable, the State is only required to meet the applicable

requirements of subpart 1 of part D--specifically sections 172(c) and

176.

Section 172(c)(1) requires the implementation of all reasonably

available control technology (RACT) as expeditiously as possible. The

State of Texas has adopted VOC RACT rules under the following general

categories: General Volatile Organic Compound Sources, Volatile Organic

Compound Transfer Operations, Petroleum Refining and Petrochemical

Processes, Solvent-Using Processes, Miscellaneous Industrial Sources,

Consumer-Related Sources, and Administrative Provisions. Incomplete/no

data areas such as Victoria County must correct any RACT deficiencies

regarding the enforceability of existing rules in order to be

redesignated to attainment. To this end, certain monitoring,

recordkeeping, and reporting requirements are being revised to improve

the enforceability of RACT in Victoria County in the concurrent action

discussed above. With the approval of these revisions the requirements

of section 172(c)(1) are fully met for Victoria County.

Section 172(c)(2) lists requirements for a demonstration of

reasonable further progress (RFP). An RFP demonstration assumes a long

nonattainment period or a large amount of reductions required to attain

the standard. Because Victoria County is already in attainment, EPA

considers Federal measures, such as the Federal Motor Vehicle Control

Program and Reid Vapor Pressure requirement, sufficient to meet the RFP

requirement. See the General Preamble for the Implementation of Title I

(57 FR 13498, 13525-26, 13564).

Section 172(c)(3) requires an emissions inventory as part of an

area's attainment demonstration. The emissions inventory requirement

has been met by the submission and approval with this action of the

1992 inventory for Victoria County.

Section 172(c)(9) requires that contingency measures be developed

should an area fail to meet the reasonable further progress

requirement. As explained in the General Preamble (57 FR 13525), EPA

believed it not appropriate to apply this requirement to incomplete/no

data areas such as Victoria County. Moreover, since Victoria County has

met the RFP requirement, and has demonstrated attainment through air

monitoring data, the contingency measures requirement of section

172(c)(9) no longer applies (57 FR 13564). Thus, the State is not

required to submit section 172(c)(9) contingency measures for Victoria

County to be redesignated.

Section 172(c)(5) requires the development of a New Source Review

(NSR) Program. Although Texas has had an NSR program, revisions

required by the 1990 Act have not been approved by EPA. Texas,

therefore, does not currently have a fully approved NSR program.

However, in an October 14, 1994 memo from Mary D. Nichols, Assistant

Administrator for Air and [[Page 12456]] Radiation, entitled ``Part D

New Source Review (part D NSR) Requirements for Areas Redesignating to

Attainment'' (NSR memo), EPA amended one aspect of the redesignation

guidance by removing the requirement that an area have an approved NSR

program prior to the area requesting redesignation to attainment. The

NSR memo explained that EPA now believes that a de minimis exception to

the requirement of section 107(d)(3)(E) for an approved part D NSR

program is justifiable in certain cases where the adoption and full

approval of a part D NSR program as a prerequisite to redesignation

would not be of significant environmental value. Once an area has been

redesignated to attainment, a part D NSR program must be replaced by

the Prevention of Significant Deterioration (PSD) program. Victoria

County's maintenance plan demonstrates maintenance without the use of

the NSR program; therefore, EPA does not require the part D NSR program

to be approved prior to approval of this redesignation request. Please

see the TSD for a copy of the NSR memo.

Section 176(c) of the CAA requires States to revise their SIPs to

establish criteria and procedures to ensure that Federal actions,

before they are taken, conform to the air quality planning goals in the

applicable State SIP. The requirement to determine conformity applies

to transportation plans, programs and projects developed, funded, or

approved under title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as to all other Federal

actions (``general conformity'').

Section 176 further provides that the conformity revisions to be

submitted by the States must be consistent with Federal conformity

regulations that the CAA required EPA to promulgate. Congress provided

for the State revisions to be submitted one year after the date for

promulgation of final EPA conformity regulations. When that date passed

without such promulgation, EPA's General Preamble for the

implementation of title I informed the State that its conformity

regulations would establish a submittal date (see 57 FR 13498, 13557

(April 16, 1992)). The EPA promulgated final transportation conformity

regulations on November 24, 1993 (58 FR 62118) and general conformity

regulations on November 30, 1993 (58 FR 63214). These conformity rules

require that States adopt both transportation and general conformity

provisions in the SIP for areas designated nonattainment or subject to

a maintenance plan approved under CAA section 175A.

Pursuant to 40 CFR 51.396 of the transportation conformity rule and

40 CFR 51.851 of the general conformity rule, the State of Texas was

required to submit a SIP revision containing transportation conformity

criteria and procedures consistent with those established in the

Federal rule by November 25, 1994. Similarly, Texas was required to

submit a SIP revision containing general conformity criteria and

procedures consistent with those established in the Federal rule by

December 1, 1994. Texas submitted its transportation conformity rules

to EPA on November 6, 1994. The State's general conformity rules were

submitted to EPA on November 22, 1994. As these requirements did not

come due until after the submission date of the redesignation request,

these conformity rule submissions need not be approved prior to taking

action on this redesignation request.

The EPA recently published additional guidance on maintenance plans

and their applicability to conformity issues in a memorandum entitled

``Limited Maintenance Plan Option for Nonclassifiable Ozone

Nonattainment Areas,'' (limited maintenance plan memo) from Sally L.

Shaver, Director, Air Quality Strategies & Standards Division, on

November 16, 1994. This limited maintenance plan memo discusses

maintenance requirements for certain areas petitioning for

redesignation to attainment. Nonclassifiable ozone nonattainment areas

with design values less than 85% of the exceedance level of the ozone

standard are no longer required to project emissions over the

maintenance period.

The Federal transportation conformity rule (58 FR 62188) and the

Federal general conformity rule (58 FR 63214) apply to areas operating

under maintenance plans. Under either rule, one means by which a

maintenance area can demonstrate conformity for Federal projects is to

indicate that expected emissions from planned actions are consistent

with the emissions budget for the area. Based on guidance discussed in

the limited maintenance plan memo, emissions inventories in areas that

qualify for the limited maintenance plan approach are not required to

be projected over the life of the maintenance plan. EPA feels it is

unreasonable to expect that such an area will experience so much growth

in that period that a violation of the NAAQS would occur. Emissions

budgets in limited maintenance plan areas would be treated as

essentially not constraining emissions growth, and would not need to be

capped for the maintenance period. In these cases, Federal projects

subject to conformity determinations could be considered to satisfy the

``budget test'' of the Federal conformity rules.

(3) Fully Approved SIP

The EPA finds that, upon approval of the Texas RACT Catch-up and

Victoria County Fix-up SIP revisions, the State of Texas will have a

fully approved SIP for Victoria County.

(4) Permanent and Enforceable Measures

Under the CAA, EPA approved Texas' SIP control strategy for the

Victoria County nonattainment area, satisfied that the rules and the

emission reductions achieved as a result of those rules were

enforceable. Several Federal and Statewide rules are in place which

have significantly improved the ambient air quality in Victoria County.

Existing Federal programs, such as the Federal Motor Vehicle Control

Program and the Reid Vapor Pressure (RVP) limit of 7.8 pounds per

square inch for gasoline in Victoria County, will not be lifted upon

redesignation. These programs will counteract emissions growth as the

county experiences economic growth over the life of the maintenance

plan.

The State adopted VOC rules such as degreasing and solvent clean-up

processes; surface coating rules for large appliances, furniture,

coils, paper, fabric, vinyl, cans, miscellaneous metal parts and

products, and factory surface coating of flat wood paneling; solvent-

using rules for graphic arts, and miscellaneous industrial source rules

such as for cutback asphalt. The applicable RACT rules will also remain

in place in Victoria County. In addition, the State permits program,

the PSD permits program, and the Federal Operating Permits program will

help counteract emissions growth.

The EPA finds that the combination of existing EPA-approved SIP and

Federal measures ensure the permanence and enforceability of reductions

in ambient ozone levels that have allowed the area to attain the NAAQS.

(5) Fully Approved Maintenance Plan Under Section 175A

In today's document, EPA is approving the State's maintenance plan

for Victoria County because EPA finds that the TNRCC's submittal meets

the requirements of section 175A. Thus, the Victoria County

nonattainment area will have a fully approved maintenance plan in

accordance with section 175A as of the effective date of this

redesignation. Section 175A of the CAA sets forth the elements of a

maintenance plan for [[Page 12457]] areas seeking redesignation from

nonattainment to attainment. The plan must demonstrate continued

attainment of the applicable NAAQS for at least ten years after the

Administrator approves a redesignation to attainment. Eight years after

the redesignation, the State must submit a revised maintenance plan

which demonstrates that attainment will continue to be maintained for

the ten years following the initial ten-year period. To provide for the

possibility of future NAAQS violations, the maintenance plan must

contain contingency measures, with a schedule for implementation,

adequate to assure prompt correction of any air quality problems. Each

of the section 175A plan requirements is discussed below.

Demonstration of Maintenance

The requirements for an area to redesignate to attainment are

discussed in the memorandum entitled ``Procedures for Processing

Requests to Redesignate Areas to Attainment,'' John Calcagni, Director,

Air Quality Management Division, September 4, 1992 (Calcagni memo). One

aspect of a complete maintenance demonstration discussed in the

Calcagni memo is the requirement to develop an emission inventory from

one of the three years during which the area has demonstrated

attainment. This inventory should include volatile organic compounds

(VOC), oxides of nitrogen (NOX), and CO emissions from the area in

tons per day measurements. In addition to the Calcagni memo, more

recent guidance on the redesignation of certain nonattainment areas to

attainment is provided in the limited maintenance plan memo.

Attainment Inventory

The TNRCC adopted comprehensive inventories of VOC, NOX, and

CO emissions from area, stationary, and mobile sources using 1992 as

the base year to demonstrate maintenance of the ozone NAAQS. EPA has

determined that 1992 is an appropriate year on which to base attainment

level emissions because EPA policy allows States to select any one of

the three years in the attainment period as the attainment year

inventory. The State submittal contains the detailed inventory data and

summaries by source category.

The TNRCC provided the stationary source estimates for each company

meeting the emissions criteria by requiring the submission of complete

emission inventory questionnaires which had been designed to obtain

site-specific data. The TNRCC generated area source emissions for each

source category based on EPA's ``Procedures for the Preparation of

Emissions Inventories for Precursors of Carbon Monoxide and Ozone,

Volume I'', and the EPA document entitled ``Compilation of Air

Pollutant Emission Factors''. The non-road mobile source inventory was

developed using methodology recommended in EPA's ``Procedures for

Emission Inventory Preparation. Volume IV: Mobile Sources''. Additional

data was provided with reference to an EPA-sponsored study entitled

``Nonroad Engine Emission Inventories for CO and Ozone Nonattainment

Boundaries.'' On-road emissions of VOC, NOX, and CO were

calculated on a county-wide basis using EPA's MOBILE5a computer model.

The biogenic emissions were calculated using the EPA software package

entitled PC-BEIS. This package yields results in U.S. short tons per

day (daily emissions only).

In the limited maintenance plan memo, EPA set forth new guidance on

maintenance plan requirements for certain ozone nonattainment areas.

The limited maintenance plan memo identified criteria through which

certain nonclassifiable ozone nonattainment areas could choose to

submit less rigorous maintenance plans. As mentioned earlier, the

method for calculating design values is presented in the June 18, 1990

memorandum, ``Ozone and Carbon Monoxide Design Value Calculations,''

from William G. Laxton, former Director of the Office of Air Quality

Planning and Standards Technical Support Division. Nonclassifiable

ozone nonattainment areas whose design values are calculated at or

below 0.106 parts per million (ppm) at the time of redesignation, are

no longer required to project emissions over the maintenance period.

The 0.106 ppm represents 85% of the ozone exceedance level of 0.125

ppm. As explained in the November 16, 1994 limited maintenance plan

memo, the EPA believes if an area begins the maintenance period at or

below 85% of the ozone exceedance level of the NAAQS, the existing

Federal and SIP control measures, along with the PSD program, will be

adequate to assure maintenance of the ozone NAAQS in the area. Victoria

County has a calculated design value of 0.100 ppm. In light of that,

and the lack of any recent history of violations of the ozone NAAQS,

EPA believes that it is reasonable to conclude that the combination of

the RACT measures in the SIP, the Federal Motor Vehicle Control

Program, the RVP limit of 7.8 pounds per square inch, and the

applicability of preconstruction review in accordance with the PSD

requirements of part C of Title I, provides adequate assurance that the

ozone NAAQS will be maintained. Thus, the EPA believes Victoria County

qualifies for the limited maintenance plan approach.

The following is a table of the revised average peak ozone season

weekday VOC and NOX emissions for the biogenic and major

anthropogenic source categories for the 1992 attainment year inventory.

Summary of VOC Emissions

------------------------------------------------------------------------

Tons per Tons

Source category year per day

------------------------------------------------------------------------

Point Sources....................................... 2180.10 5.97

Area Sources........................................ 1940.41 6.04

Non-Road Mobile Sources............................. 962.24 3.55

On-Road Mobile Sources*............................. ......... 4.44

Biogenic Sources*................................... ......... 26.32

-------------------

Total*........................................ ......... 46.32

------------------------------------------------------------------------

*Tons per year calculations were not submitted for these categories.

Summary of NOX Emissions

------------------------------------------------------------------------

Tons per Tons

Source category year per day

------------------------------------------------------------------------

Point Sources..................................... 13339.91 36.55

Area Sources...................................... 206.73 0.35

Non-Road Mobile Sources........................... 985.47 3.31

On-Road Mobile Sources*........................... ........... 8.01

Biogenic Sources*................................. ........... .......

---------------------

Total*........................................ ........... 48.22

------------------------------------------------------------------------

*Tons per year calculations were not submitted for these categories.

The attainment inventory submitted by TNRCC for Victoria County

meets the redesignation requirements as discussed in the Calcagni memo

and limited maintenance plan memo. Therefore, the EPA is today

approving the emissions inventory component of the maintenance plan for

Victoria County.

Continued Attainment

Continued attainment of the ozone NAAQS in Victoria County will

depend, in part, on the Federal and State control measures discussed

previously. However, the ambient air monitoring site will remain active

at its present location during the entire length of the maintenance

period. This data will be quality assured and submitted to the

Aerometric Information and Retrieval System (AIRS) on a monthly basis.

As [[Page 12458]] discussed in the limited maintenance plan memo,

certain monitored ozone levels will provide the basis for triggering

measures contained in the contingency plan. Additionally, as discussed

above, during year 8 of the maintenance period, TNRCC is required to

submit a revised plan to provide for maintenance of the ozone standard

in Victoria County for the next ten years.

Contingency Plan

Section 175A of the CAA requires that a maintenance plan include

contingency provisions, as necessary, to promptly correct any violation

of the NAAQS that occurs after redesignation of the area to attainment.

The contingency plan should clearly identify the measures to be

adopted, a schedule and procedure for adoption and implementation, and

a specific time limit for action by the State. The State should also

identify specific triggers which will be used to determine when the

measures need to be implemented.

The TNRCC has selected Stage I vapor control as its contingency

measure. At any time during the maintenance period, if the Victoria

County air quality monitor records a third exceedance of the ozone

NAAQS within any consecutive three-year period (a level below the

NAAQS), the TNRCC will promulgate a rule change to implement Stage I

gasoline controls in Victoria County. This rule will be submitted to

EPA within 6 months of the third exceedance. The compliance date for

applicable sources in Victoria County will be 6 months after TNRCC

adopts the rule change. This contingency measure and schedule satisfies

the requirements of section 175A(d).

In addition, the State has adopted several voluntary measures that,

although not enforceable and therefore not contingency measures that

could satisfy section 175A, are expected to contribute to the

maintenance of air quality. The triggers for the voluntary measures,

with the exception of the emissions projection measure, are at ozone

levels below the standard, to allow the State to take early action to

address a possible violation of the NAAQS before it occurs. The

following trigger levels would activate measures: The ozone design

value equals or exceeds 85% of the exceedance level of the ozone NAAQS,

or 0.106 ppm; or the monitor shows one to four exceedances of the ozone

NAAQS during any consecutive three-year period.

If the design value of Victoria County exceeds .106 ppm at any time

during the maintenance period, Victoria County officials will establish

a voluntary ozone advisory program. The TNRCC will coordinate the

dissemination of information to the county with respect to ozone

advisory predictions, voluntary compliance measures on ozone advisory

days, and public notification. The ozone advisory program will be

functional within 6 months of notification by the TNRCC that the ozone

design value for Victoria County has reached the trigger level.

If the monitor records an exceedance of the ozone NAAQS, Victoria

County officials will establish a formal ozone advisory program. This

formal program will be staffed sufficiently to operate the program on a

daily basis during the peak ozone season (May 1-September 30). The

formal program will be staffed and functional within 6 months of

notification by TNRCC that the trigger level has been reached.

If the monitor records a second exceedance of the ozone NAAQS

during any consecutive three-year period, the newly-formed ozone

advisory board will institute a voluntary program with area industry to

reschedule, revise, or curtail activities for the ozone advisory days.

This program will be developed and available for use within 30 days

after notification by the TNRCC that this contingency measure will be

required.

If Victoria County should violate the ozone NAAQS (4 exceedances

during any consecutive three-year period) during the maintenance

period, the TNRCC will require an additional voluntary measure to be

implemented within one year of a violation of the ozone NAAQS. A

complete description of these voluntary measures and their triggers can

be found in the State's submittal. Although these voluntary measures do

not qualify as contingency measures under section 175A, EPA is hereby

approving them under section 110 for whatever strengthening effect they

may have on the SIP.

Final Action

The EPA has evaluated the State's redesignation request for

Victoria County, Texas, for consistency with the CAA, EPA regulations,

and EPA policy. The EPA believes that, with the concurrent approval of

the Texas RACT Catch-up and Victoria County Fix-up submission, the

redesignation request and monitoring data demonstrate that Victoria

County, Texas, has attained the ozone standard. In addition, the EPA

has determined that, with the concurrent approval of the Texas RACT

Catch-up and Victoria County Fix-up submission, the redesignation

request meets the requirements and policy set forth in the General

Preamble and policy memorandum discussed in this notice for area

redesignations, and today is approving Texas' redesignation request for

Victoria County.

The EPA is publishing this action without prior proposal because

the EPA views this as a noncontroversial 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. This action will be

effective May 8, 1995, unless adverse or critical comments are received

by April 6, 1995. If the EPA receives such comments, this action will

be withdrawn before the effective date by publishing a subsequent

document 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 on this action or the Texas RACT Catch-up and

Victoria County Fix-up action, the public is advised that this action

will be effective May 8, 1995. Similarly, if adverse or critical

comments are received on the Texas RACT Catch-up and Victoria County

Fix-up action, the notice on that action will be converted to a

proposal and those comments addressed in a subsequent final action. In

such a case, the Victoria County redesignation direct final action will

be converted to a proposal as well.

The EPA has reviewed this redesignation request for conformance

with the provisions of the CAA and has determined that this action

conforms to those requirements.

Regulatory Process

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, under 5 U.S.C. 605(b), the EPA may certify that the rule

will not have a significant impact on a substantial number of small

entities (see 46 FR 8709). Small entities include small businesses,

small not-for-profit enterprises, and governmental entities with

jurisdiction over populations of less than 50,000.

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 May 8, 1995. Filing a petition for

reconsideration of this final rule by the Administrator does not affect

the finality of this rule for purposes of [[Page 12459]] judicial

review; nor does it extend the time within which a petition for

judicial review may be filed, or postpone the effectiveness of this

rule. This action may not be challenged later in proceedings to enforce

its requirements (see section 307(b)(2)).

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

or establishing a precedent for any future request for a 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.

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 small entities. 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 EPA from

basing 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. section

7410(a)(2). The Office of Management and Budget has exempted this

action from review under Executive Order 12866.

List of Subjects in 40 CFR Parts 52 and 81

Environmental protection, Air pollution control, Area designations,

Hydrocarbons, Incorporation by reference, Intergovernmental

regulations, National parks, Reporting and recordkeeping, Ozone,

Volatile organic compounds, and Wilderness areas.

Dated: February 22, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

40 CFR parts 52 and 81 are 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 52.2275 is amended by adding paragraph (e) to read as

follows:

Sec. 52.2275 Control strategy and regulations: Ozone.

* * * * *

(e) Approval--The Texas Natural Resource Conservation Commission

(TNRCC) submitted an ozone redesignation request and maintenance plan

on July 27, 1994, requesting that the Victoria County ozone

nonattainment area be redesignated to attainment for ozone. Both the

redesignation request and maintenance plan were adopted by TNRCC in

Commission Order No. 94-29 on July 27, 1994. The redesignation request

and maintenance plan meet the redesignation requirements in section

107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the

Federal requirements of section 182(a)(1) of the Clean Air Act as a

revision to the Texas Ozone State Implementation Plan for Victoria

County. The EPA approved the request for redesignation to attainment

with respect to ozone for Victoria County on May 8, 1995.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7871q.

2. In Section 81.344, the attainment status designation table for

ozone is amended by revising the entry for Victoria County under

``Designated Area'' to read as follows:

Sec. 81.344 Texas.

* * * * *

Texas--Ozone

------------------------------------------------------------------------

Classification

Designation ---------------------------

Designated area date Date

Type type

------------------------------------------------------------------------

Victoria Area, Victoria May 8, 1995.. Attainment.

County.

* * * * *

------------------------------------------------------------------------

* * * * *

[FR Doc. 95-5347 Filed 3-6-95; 8:45 am]

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