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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-10-1-5223a; FRL-5171-1]

Approval and Promulgation of Air Quality Implementation Plans;

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

Visible Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

visible emissions. The purpose of approving this revision is to enable

the visible emissions provisions of Texas Regulation I to become

federally enforceable.

DATES: This final rule will become effective on June 2, 1995, unless

adverse or critical comments are received by May 3, 1995. If the

effective date is delayed, timely notice will be published in the

Federal Register (FR).

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office

listed below. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations. The interested persons wanting to examine these

documents should make an appointment with the appropriate office at

least 24 hours before the visiting day.

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

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

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

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

Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin,

Texas 78711-3087.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather or Mr. Bill Deese,

Planning Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445

Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7214.

SUPPLEMENTARY INFORMATION:

Analysis of State Submissions

A. Procedural Background

The Clean Air Act (CAA) requires states to observe certain

procedural requirements in developing implementation plans for

submission to the EPA. Section 110(a)(2) of the CAA provides that each

implementation plan submitted by a state must be adopted after

reasonable notice and public hearing. Section 110(l) of the CAA

similarly provides that each revision to an implementation plan

submitted by a state under the CAA must be adopted by such state after

reasonable notice and public hearing. The EPA also must determine

whether a submittal is complete and therefore warrants further EPA

review and action (see section 110(k)(1) of the CAA and 57 FR 13565).

The EPA's completeness criteria for SIP submittals are set out at 40

Code of Federal Regulations (CFR) part 51, appendix V. The EPA attempts

to make completeness determinations within 60 days of receiving a

submission. However, a submittal is deemed complete by operation of law

if a completeness determination is not made by the EPA six months after

receipt of the submission.

The State of Texas held public hearings on February 1-2, 1989, May

17, 1990, May 21-22, 1992, and on March 17, 1993, to entertain public

comment [[Page 16807]] on the proposed revisions to the visible

emissions provisions in Texas Regulation I. Following the public

hearings and consideration of hearing comments, the revisions were

adopted by the State and submitted by the Governor to the EPA by cover

letters dated August 21, 1989, January 29, 1991, October 15, 1992, and

August 4, 1993. Each package has been deemed complete in accordance

with 40 CFR part 51, appendix V.

B. Visible Emissions Requirements in Texas Regulation I

This action approves the visible emissions requirements of Texas

Regulation I into the Texas SIP. The provisions of Regulation I being

approved in this action regarding visible emissions set opacity

limitations for grandfathered and new stationary vents, gas flares,

motor vehicles, railroad locomotives, ships, structures and all other

unspecified sources. Compliance test methods (e.g. test method 9 from

40 CFR part 60, appendix A) and recordkeeping requirements are also

specified in the visible emissions provisions, including requirements

for continuous emissions monitoring systems. In addition, this action

approves certain requirements that must be met for the approval of

alternate opacity limitations. For details regarding the visible

emissions requirements being approved in this action, please refer to

the Technical Support Document.

Final Action

This final action approves revisions to Texas Regulation I

addressing visible emissions. These revisions update the Texas SIP and

strengthen the provisions of Texas Regulation I. The revisions were

submitted by the Governor to the EPA by letters dated August 21, 1989,

January 29, 1991, October 15, 1992 and August 4, 1993.

The EPA has reviewed these revisions to the Texas SIP and is

approving them as submitted. The EPA is publishing this action without

prior proposal because the Agency views this as a noncontroversial

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

document in this Federal Register publication, the EPA is proposing to

approve the SIP revision should adverse or critical comments be filed.

Thus, this action will be effective June 2, 1995, unless adverse or

critical comments are received by May 3, 1995.

If such comments are received, 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, the public is

advised that this action will be effective June 2, 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.

Miscellaneous

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

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, the EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D, of the

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

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-State relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

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

(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42

U.S.C. section 7410(a)(2)).

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by June 2, 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)).

Executive Order

The Office of Management and Budget has exempted this action from

review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping requirements, Sulfur dioxide,

Volatile organic compounds.

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: March 3, 1995.

Jane N. Saginaw,

Regional Administrator.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart SS--Texas

2. Section 52.2270 is amended by adding paragraph (c)(94) to read

as follows:

Sec. 52.2270 Identification of plan.

* * * * *

(c) * * *

(94) Revisions to the Texas SIP addressing visible emissions

requirements were submitted by the Governor of Texas by letters dated

August 21, 1989, January 29, 1991, October 15, 1992 and August 4, 1993.

(i) Incorporation by reference.

(A) Revisions to Texas Air Control Board (TACB), Regulation I,

Section 111.111, ``Requirements for Specified Sources;'' Subsection

111.111(a)(first paragraph) under ``Visible Emissions;'' Subsections

111.111(a)(1)(first paragraph), 111.111(a)(1)(A), 111.111(a)(1)(B) and

111.111(a)(1)(E) under ``Stationary Vents;'' Subsection

111.111(b)(first paragraph) under ``Compliance Determination

Exclusions;'' and Subsections 111.113(first paragraph), 111.113(1),

111.113(2), and 111.113(3) under ``Alternate Opacity Limitations,'' as

adopted by the TACB on June 16, 1989.

(B) TACB Board Order No. 89-03, as adopted by the TACB on June 16,

1989.

(C) Revisions to Texas Air Control Board (TACB), Regulation I,

Section 111.111, ``Requirements for Specified Sources;'' Subsections

111.111(a)(4)(A) and 111.111(a)(4)(B)(i) under ``Railroad

[[Page 16808]] Locomotives or Ships;'' Subsections 111.111(a)(5)(A) and

111.111(a)(5)(B)(i) under ``Structures;'' and Subsections

111.111(a)(6)(A) and 111.111(a)(6)(B)(i) under ``Other Sources,'' as

adopted by the TACB on October 12, 1990.

(D) TACB Board Order No. 90-12, as adopted by the TACB on October

12, 1990.

(E) Revisions to Texas Air Control Board (TACB), Regulation I,

Section 111.111, ``Requirements for Specified Sources;'' Subsections

111.111(a)(1)(C), 111.111(a)(1)(D), 111.111(a)(1)(F)(first paragraph),

111.111(a)(1)(F)(i), 111.111(a)(1)(F)(ii), 111.111(a)(1)(F)(iii),

111.111(a)(1)(F)(iv), and 111.111(a)(1)(G) under ``Stationary Vents;''

Subsections 111.111(a)(2)(first paragraph), 111.111(a)(2)(A),

111.111(a)(2)(B), and 111.111(a)(2)(C) under ``Sources Requiring

Continuous Emissions Monitoring;'' Subsection 111.111(a)(3)(first

paragraph) under ``Exemptions from Continuous Emissions Monitoring

Requirements;'' Subsection 111.111(a)(4), ``Gas Flares,'' title only;

Subsection 111.111(a)(5)(first paragraph) under ``Motor Vehicles;''

Subsections 111.111(a)(6)(A), 111.111(a)(6)(B)(first paragraph),

111.111(a)(6)(B)(i) and 111.111(a)(6)(B)(ii) under ``Railroad

Locomotives or Ships'' (Important note, the language for

111.111(a)(6)(A) and 111.111(a)(6)(B)(i) was formerly adopted as

111.111(a)(4)(A) and 111.111(a)(4)(B)(i) on October 12, 1990);

Subsections 111.111(a)(7)(A), 111.111(a)(7)(B)(first paragraph),

111.111(a)(7)(B)(i) and 111.111(a)(7)(B)(ii) under ``Structures''

(Important note, the language for 111.111(a)(7)(A) and

111.111(a)(7)(B)(i) was formerly adopted as 111.111(a)(5)(A) and

111.111(a)(5)(B)(i) on October 12, 1990); and Subsections

111.111(a)(8)(A), 111.111(a)(8)(B)(first paragraph),

111.111(a)(8)(B)(i) and 111.111(a)(8)(B)(ii) under ``Other Sources''

(Important note, the language for 111.111(a)(8)(A) and

111.111(a)(8)(B)(i) was formerly adopted as 111.111(a)(6)(A) and

111.111(a)(6)(B)(i) on October 12, 1990), as adopted by the TACB on

September 18, 1992.

(F) TACB Board Order No. 92-19, as adopted by the TACB on September

18, 1992.

(G) Revisions to Texas Air Control Board (TACB), Regulation I,

Section 111.111, ``Requirements for Specified Sources;'' Subsections

111.111(a)(4)(A)(first paragraph), 111.111(a)(4)(A)(i),

111.111(a)(4)(A)(ii), and 111.111(a)(4)(B) under ``Gas Flares,'' as

adopted by the TACB on June 18, 1993.

(H) TACB Board Order No. 93-06, as adopted by the TACB on June 18,

1993.

(ii) Additional material.

(A) TACB certification letter dated July 27, 1989, and signed by

Allen Eli Bell, Executive Director, TACB.

(B) TACB certification letter dated January 9, 1991, and signed by

Steve Spaw, Executive Director, TACB.

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

William Campbell, Executive Director, TACB.

(D) TACB certification letter dated July 13, 1993, and signed by

William Campbell, Executive Director, TACB.

[FR Doc. 95-8040 Filed 3-31-95; 8:45 am]

BILLING CODE 6560-50-P