Clean Air Act (Act) Approval and Promulgation of State Implementation Plans (SIP); Texas; Prevention of Significant Deterioration (PSD) Increments for Particulate Matter Less Than 10 Microns in Diameter (PM-10); Designation of Areas for Air Quality Planning Purposes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[TX60-1-7269; FRL-5870-1]

Clean Air Act (Act) Approval and Promulgation of State

Implementation Plans (SIP); Texas; Prevention of Significant

Deterioration (PSD) Increments for Particulate Matter Less Than 10

Microns in Diameter (PM-10); Designation of Areas for Air Quality

Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves changes to the PSD permitting regulations

which were submitted as a revision to the SIP for Texas and approves

the State's recodification of its PSD provisions. This SIP revision

replaces the PSD increments for total suspended particulate (TSP)

matter with increments for PM-10. In conjunction with this approval,

EPA is also removing the TSP area designation tables in 40 CFR part 81

for Texas. With the PM-10 increments becoming effective in Texas, the

TSP area designations no longer serve any useful purpose relative to

PSD.

DATES: This action is effective on October 20, 1997 unless notice is

postmarked by September 18, 1997 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).

[[Page 44084]]

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

Jole C. Luehrs, Chief, Air Permits Section (6PD-R), at the EPA Region 6

office listed below. Copies of 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 two working days in advance.

Environmental Protection Agency, Region 6, Multimedia Planning and

Permitting Division, First Interstate Bank Building, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202-2733.

Texas Natural Resource Conservation Commission, Office of Air

Quality, 12124 Park 35 Circle, Austin, Texas 78753.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, S.W.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Reverdie Daron Page, Air Permits

Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7222.

SUPPLEMENTARY INFORMATION:

I. Background

The EPA replaced the TSP increments with increments for PM-10 on

June 3, 1993 (58 FR 31622). The EPA promulgated this revision to the

Federal PSD permitting regulations in 40 CFR 52.21, as well as to the

PSD permitting requirements that State programs must meet in order to

be approved into the SIP in 40 CFR 51.166. The EPA or its delegated

State programs were required to begin implementation of the PM-10

increments by June 3, 1994, while the implementation date for States

with SIP-approved PSD permitting programs (including Texas) will be the

date on which EPA approves each revised State PSD program containing

the PM-10 increments. In accordance with 40 CFR 51.166(a)(6)(i), each

State with a SIP-approved PSD program was required to adopt the PM-10

increment requirements within nine months of the effective date (or by

March 3, 1995). For further background regarding the PM-10 increments,

see the June 3, 1993, Federal Register document.

In order to address the PM-10 increments, the State of Texas

revised 30 Texas Administrative Code (TAC) Chapter 116, Section

116.160(a). The EPA has reviewed this revision and has found that the

revision addresses all of the required regulatory revisions for PM-10

increments.

The EPA originally approved the Texas PSD SIP in the Federal

Register on June 24, 1992 (57 FR 28093). This approval gave the Texas

Natural Resource Conservation Commission (TNRCC) (formerly the Texas

Air Control Board (TACB)) direct authority, as of July 24, 1992, to

issue and enforce PSD permits in most areas of Texas, with the

limitations described in the notice. The State incorporated by

reference, with certain exceptions, the regulations in 40 CFR 52.21, as

they existed on August 1, 1987, into Section 116.3(a)(13) of TACB

Regulation VI, ``Control of Air Pollution by Permits for New

Construction or Modification.'' At the time the revisions were adopted

by TACB and approved by EPA, Regulation VI was codified in Chapter 116

of Title 31 of the TAC.

The Governor of Texas submitted to EPA on February 18, 1991, a

revision to Section 116.3(a)(13) of TACB Regulation VI. This revision

changed the date in Section 116.3(a)(13) from ``August 1, 1987'' to

``October 17, 1988'' to reflect the amendments to 40 CFR 52.21 as

promulgated in the Federal Register on October 17, 1988 (53 FR 40656)

(Nitrogen Oxides PSD increments). The EPA approved this revision to

Section 116.3(a)(13) on September 9, 1994 (59 FR 46556).

The Governor of Texas submitted to EPA on May 13, 1992, a revision

to redesignate Section 116.3(a)(13) to Section 116.3(a)(11), with minor

changes thereto. The EPA approved this revision on September 27, 1995

(60 FR 49788).

On August 16, 1993, the TACB repealed Regulation VI (31 TAC Chapter

116), ``Control of Air Pollution by Permits for New Construction or

Modification,'' and adopted a recodified and revised Regulation VI (31

TAC Chapter 116) with the same name. The recodified and revised

Regulation VI was submitted to EPA as a revision to the Texas SIP on

August 31, 1993.

The TACB merged with the former Texas Water Commission to become

the Texas Natural Resource Conservation Commission (TNRCC) on September

1, 1993. The TACB air quality control regulations were transferred from

Title 31 of the Texas Administrative Code (31 TAC) to Title 30 of the

Texas Administrative Code (30 TAC). The designation for Regulation VI

thus changed from 31 TAC Chapter 116 to 30 TAC Chapter 116.

II. State Submittal

In this action, EPA is approving the recodified and revised

Regulation VI only for the PSD portion of the new regulation. The EPA

is also approving for the PSD SIP the transfer of Regulation 31 TAC to

30 TAC. The rest of the recodified regulation VI and its transfer to 30

TAC will be acted upon in a separate notice.

The Act as amended in 1990 requires States to observe certain

procedural requirements in developing implementation plans and plan

revisions for submission to EPA. Section 110(a)(2) of the Act provides

that each implementation plan submitted by a State must be adopted

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

similarly provides that each revision to an implementation plan

submitted by a State under the Act 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)

and 57 FR 13565, April 16, 1992. The EPA's completeness criteria for

SIP submittals are set out at 40 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 under section 110(k)(1)(B) if a completeness

determination is not made by EPA within six months after receipt of the

submission.

Public hearings to entertain public comment for the recodified PSD

rules were held by Texas on March 16 and 31, 1993. After the public

hearings, the recodification was adopted by the State on August 16,

1993. That recodification was formally submitted to EPA for approval as

a SIP revision on August 31, 1993. The SIP revision was reviewed by EPA

to determine completeness shortly after its submittal, in accordance

with the completeness criteria referenced above. The submittal was

found to be complete, and a letter was forwarded to Texas, on January

5, 1994, indicating the completeness of the submittal and the next

steps to be taken in the processing of the SIP submittal.

A public hearing to entertain public comment for the PM-10

increment PSD rule was held by Texas on January 19, 1995. After the

public hearing, the rule revision was adopted by the State on March 1,

1995. The revision was formally submitted to EPA for approval on July

12, 1995. The SIP revision was reviewed by EPA to determine

completeness shortly after its submittal,

[[Page 44085]]

in accordance with the completeness criteria referenced above. The

submittal was found to be complete, and a letter was forwarded to

Texas, on October 20, 1995, indicating the completeness of the

submittal and the next steps to be taken in the processing of the SIP

submittal.

III. Analysis of State Submittal

The following table summarizes EPA's evaluation of each section

submitted and acted upon in this action. The table cross-references the

submitted sections of the recodified rules pertaining to Prevention of

Significant Deterioration to the previous rule.

Summary of Submittals Pertaining to Recodification of Regulation VI

and ``Prevention of Significant Deterioration''

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

Recodified rule Date submitted Title Old rule Comments

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

116.160(a)...................... August 31, 1993... Prevention of 116.3(a)(11)...... (a)

116.160(b) Significant (a)

116.160(c) Deterioration (a)

116.160(d) Requirements. (a)

116.160(a)...................... July 12, 1995..... PSD Requirements.. 116.3(a)(11)...... Replaced Effective

Date to

incorporate PSD

PM10 increments.

116.161......................... August 31, 1993... Source Located in 116.3(a)(9)....... (c)

an Attainment

Area with a

Greater than de

minimis impact.

116.162......................... August 31, 1993... Evaluation of Air 116.3(a)(12)...... (a)

116.162 (1)-(4) Quality Impacts.

116.163(a)...................... August 31, 1993... Prevention of 116.11(b)(2)(A)... (a)

116.163(b) Significant 116.11(b)(2)(B)... (a)

116.163(c) Deterioration New............... (b, c)

116.163(d) Permit Fees. 116.11(b)(3)...... (a)

116.163(e) 116.11(b)(4)...... (a)

116.141(a)...................... August 31, 1993... Determination of 116.11(b)(1)...... (a)

116.141(c) Fees. 116.11(b)(3)...... (a)

116.141(d) 116.11(b)(4)...... (a)

116.141(e) New............... (b, c)

116.010......................... August 31, 1993... Definition--de General Rules (a)

minimis impact. 101.1.

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a No substantive changes in recodified rule.

b New rule.

c EPA has determined is consistent with the Act.

PSD Program as Submitted August 31, 1993

As part of the recodification SIP submittal, on August 31, 1993,

Texas submitted Sections 116.010, 116.160, 116.161, and 116.162,

addressing PSD and Sections 116.163 and 116.141 relating to the

determination of fees.

Sections 116.160 (a)-(d) replace Section 116.3(a)(11) without

substantive changes. Section 116.3(a)(11) is the PSD requirement and

was approved June 24, 1992, as 116.3(a)(13) (57 FR 28093), EPA approved

revisions to Section 116.3(a)(13) to incorporate the NOX

increments on September 9, 1994 (59 FR 46556), and EPA approved the

redesignation to Section 116.3(a)(11) (60 FR 49788) with minor

revisions on September 27, 1995.

Section 116.161 replaces Section 116.3(a)(9) (A)-(C). Section

116.161 provides that if a source is located in an area classified as

attainment or unclassifiable for any National Ambient Air Quality

Standard (NAAQS), then TNRCC will not issue a permit to any new major

stationary source or major modification to the source if the ambient

air impacts would cause or contribute to a violation of any NAAQS. A

major source or major modification will be considered to cause or

contribute to a violation of a NAAQS when the emissions from such

source or modification would, at a minimum, exceed the de minimis

impact levels specified in Section 116.010 at any locality that is

designated to be nonattainment or is predicted to be nonattainment for

the applicable standard. The submitted revision conforms to the

requirements of 40 CFR 51.165(b). The EPA approved a similar provision

as Section 116.3(a)(14) on July 10, 1981 (46 FR 35643). The EPA

subsequently approved the redesignation to Section 116.3(a)(9) and

revisions thereto on September 27, 1995 (60 FR 49788). This new

language mirrors the Federal rule and therefore meets the requirements

of 40 CFR 51.165(b) and the Act.

The definition of de minimis impact in Section 116.010 is being

included with this recodification because Section 116.161 relies on

this definition for applicability thresholds. Section 116.010,

definition of de minimis impact replaces the same definition in Section

101.1, of the General Rules without substantive changes. The EPA

approved the definition of de minimis impact in Section 101.1 on

September 10, 1991 (56 FR 46117).

Section 116.162 introductory paragraph and Sections 116.162 (1)-(4)

replace Section 116.3(a)(12) without substantive changes. Section

116.3(a)(12) Evaluation of Air Quality Impacts was approved as

116.3(a)(14) on November 22, 1988 (53 FR 47189). The EPA approved the

redesignation to Section 116.3(a)(12) with minor revisions on September

27, 1995 (60 FR 49788).

In the recodification of Chapter 116, Texas divided Section

116.11(b) Determination of Fees into two parts. Section 116.163 applies

to projects for which PSD does apply and Sections 116.141 applies to

projects for which PSD does not apply.

Section 116.163 (a)-(b), and (d)-(e) replaces Section 116.11(b)(2)

(A)-(B) and 116.11(b) (3)-(4) without substantive changes except for an

increase in permitting fees and a special rate for Federal facilities.

Section 116.163(c) merely states that a New Source Review permit fee is

not required in addition to the PSD fee.

Sections 116.141 (a), (c), and (d) replace subsections 116.11(b)

(1),(3), and (4) without substantive changes

[[Page 44086]]

except for an increase in permitting fees and a special rate for

Federal facilities. Section 116.141(e) establishes a minimum fee.

The EPA approved Sections 116.11(b) (1)-(4) on November 24, 1986

(51 FR 42223) and revisions thereto on September 27, 1995 (60 FR

49788). The EPA approved Subparagraphs 116.11(b)(3) (A)-(B) on August

15, 1983 (48 FR 36819). The EPA has determined that Sections 116.163(c)

and 116.141(e) are consistent with the Act.

It is EPA's position that the recodified PSD rules meet 40 CFR

51.166 and the Act.

PSD Program as Submitted July 12, 1995

The Governor of Texas submitted a revision to 30 TAC Chapter 116,

Section 116.160(a) on July 12, 1995, which incorporates the

requirements of 40 CFR 52.21 as revised by EPA on June 3, 1993

(effective June 3, 1994) to reflect the PM-10 increment revision as

promulgated in the Federal Register on June 3, 1993. This revision

enables the State of Texas, with certain exceptions, to implement and

enforce the Federal PSD rules, including the PSD PM-10 increments. The

exceptions are the same as those discussed in the action published June

24, 1992, approving the Texas PSD SIP. The EPA has determined that the

State of Texas has adequately revised its existing PSD SIP to

incorporate the provisions of the PM-10 increments promulgated by EPA

on June 3, 1993.

IV. TSP Area Deletions

Section 107(d) of the 1977 Amendments to the Act authorized each

State to submit to the Administrator a list identifying those areas

which: (1) Do not meet a NAAQS (nonattainment areas), (2) cannot be

classified on the basis of available ambient data (unclassifiable

areas), and (3) have ambient air quality levels better than the NAAQS

(attainment areas). In the original list of all area designations

pursuant to section 107(d)(2) (section 107 areas), including those

designations for TSP, in 40 CFR part 81.

One of the purposes stated in the Act for the section 107 areas is

for implementation of the statutory requirements for PSD. The PSD

provisions of part C of the Act generally apply in all section 107

areas that are designated attainment or unclassifiable (40 CFR

52.21(i)(3)). Under the PSD program, the air quality in an attainment

or unclassifiable area is not allowed to deteriorate beyond prescribed

maximum allowable increases in pollutant concentrations (i.e.,

increments).

The EPA revised the primary and secondary NAAQS for particulate

matter on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator

for the NAAQS and replacing it with the PM-10 indicator. However, EPA

did not delete the section 107 areas for TSP listed in 40 CFR part 81

at that time because there were no increments for PM-10 promulgated at

that time.\1\ States were required to continue implementing the TSP

increments in order to prevent significant deterioration of particulate

matter air quality until the PM-10 increments replaced the TSP

increments. With the State adoption and implementation of the PM-10

increments becoming effective, the TSP area designations generally

serve no useful purpose relative to the PSD program. Instead, the PM-10

area designations now serve to properly identify those areas where air

quality is better than the NAAQS, i.e., ``PSD areas,'' and to provide

the geographic link necessary for implementation of the PM-10

increments.\2\

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\1\ The EPA did not promulgate new PM-10 increments

simultaneously with the promulgation of the PM-10 NAAQS. Under

section 166(b) of the Act, EPA is authorized to promulgate new

increments ``not more than 2 years after the date of promulgation of

* * * standards.'' Consequently, EPA temporarily retained the TSP

increments, as well as the section 107 areas for TSP.

\2\ It should be noted that 40 CFR part 81 does not presently

list all section 107 areas for PM-10. Only those areas designated

``nonattainment'' appear in the State listings. This is because

under the listing published by EPA in the Federal Register on

November 6, 1991, EPA's primary objective was to identify

nonattainment areas designated as such by operation of law upon

enactment of the 1990 Amendments. For States having no PM-10

nonattainment areas designated by operation of law, EPA did not

include a new PM-10 listing. Nevertheless, section 107(d)(4)(B)(iii)

mandates that all areas not designated nonattainment for PM-10 by

operation of law, are designated unclassifiable. The PM-10

increments apply in any area designated unclassifiable for PM-10.

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Thus, in the June 3, 1993, Federal Register document in which EPA

promulgated the PM-10 increments, EPA stated that, for States with SIP-

approved PSD programs, EPA would delete the TSP area designations at

the same time EPA approves the revision to a State's plan incorporating

the PM-10 increments. For delegated PSD programs or in States where EPA

administers the PSD program, the TSP area designations were to be

deleted after the PM-10 increments became effective in those States

(i.e., June 3, 1994). In deleting any State's TSP area designations,

EPA must ensure that the deletion of those designations will not result

in a relaxation of any control measures that ultimately protect the PM-

10 NAAQS.

As stated above, Texas has adopted and submitted adequate PSD

revisions for PM-10 increments. In addition, Texas has no TSP areas

designated as nonattainment. All existing PM control measures in the

Texas SIP remain in effect to ensure continuing attainment and

maintenance of the PM-10 standard throughout the State. Thus, deletion

of the TSP area designations will not result in relaxation of any PM

controls that would impact the PM-10 NAAQS. Furthermore, Texas has one

PM-10 nonattainment area (the City of El Paso) identified in the PM-10

designation table in 40 CFR part 81 for Texas. The EPA approved the PM-

10 SIP for El Paso on January 18, 1994 (59 FR 2532). Since the State

has adopted, and EPA has approved, the PM-10 SIP for El Paso, EPA

believes it is appropriate at this time to delete the State's TSP

designation tables in 40 CFR 81.344.

Consistent with the above discussion, EPA is deleting all of the

State's existing TSP designation tables in 40 CFR 81.344 and placing

these section 107 areas into the PM-10 area designation table in 40 CFR

81.344, consistent with the June 3, 1993 Federal Register.

V. Final Action

The EPA is approving the transfer from 31 TAC to 30 TAC Sections

116.010; 116.160; 116.161; 116.162; 116.163; addressing part C of Title

I of the 1990 Clean Air Act which requires each SIP to address the

requirements of PSD, and 31 TAC Section 116.141 (a), (c), (d), and (e)

relating to the determination of fees, as submitted on August 31, 1993,

and revisions to 30 TAC Section 116.160(a) submitted on July 12, 1995.

Sections 116.160, 116.161, 116.162, 116.163 (a)-(b), 116.163(d), and

116.163(e), as submitted August 31, 1993, replace, without substantive

changes except for an increase in permitting fees and a special rate

for Federal facilities, respectively: 116.3(a)(11), 116.3(a)(9),

116.3(a)(12), 116.11(b)(2) (A)-(B), 116.11(b)(3), and 116.11(b)(4).

Sections 116.141 (a),(c), and (d) replace without substantive changes

except for an increase in permitting fees and a special rate for

Federal facilities, respectively subsections 116.11(b) (1), (3), and

(4). Sections 116.163(c) and 116.141(e) are new. Consistent with the

June 3, 1993, Federal Register and for the reasons described above, EPA

is deleting the State's existing TSP area designation tables and

revising the PM-10 area designation table in 40 CFR 81.344.

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

[[Page 44087]]

publication, EPA is proposing to approve these SIP revisions should

adverse or critical comments be filed. This action will be effective

October 20, 1997 unless, by September 18, 1997 adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent action that will withdraw

the final action. All public comments received will 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 October 20, 1997.

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.

VI. Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

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

this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility Act

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. See 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.

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

Act do not create any new requirements but simply approve requirements

that the State is already imposing. Therefore, because neither the

Federal SIP approval nor the deletion of the TSP tables 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 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. See Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate; or to private sector, of $100

million or more. Under section 205, EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated does

not include a Federal mandate that may result in estimated costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This action approves

preexisting requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives, and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. section 804(2).

E. Petitions for Judicial Review

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

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

the appropriate circuit by October 20, 1997. 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

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Particulate matter, Reporting and recordkeeping

requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: July 18, 1997.

Jerry Clifford,

Acting Regional Administrator (6RA).

Part 52, Chapter I, title 40 of the Code of Federal Regulations 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)(102) to read

as follows:

Sec. 52.2270 Identification of plan.

* * * * *

(c) * * *

(102) The Governor of Texas submitted on August 31, 1993, and July

12, 1995, revisions to the Texas State Implementation Plan for

Prevention of Significant Deterioration adopted by TACB on August 16,

1993, and by Texas Natural Resource Conservation Commission (TNRCC) on

March 1, 1995. The revisions adopted on August 16, 1993, were a

comprehensive recodification of and revisions to the existing

requirements. The revision adopted on March 1, 1995, amended the

recodified Section 116.160(a) to incorporate the PM-10 PSD increments.

(i) Incorporation by reference.

(A) TACB Board Order Number 93-17, as adopted by TACB on August 16,

1993.

(B) Recodified and revised Regulation VI--Control of Air Pollution

by Permits for New Construction or Modification, as adopted by TACB on

August 16, 1993, Repeal of 31 TAC Sections 116.3(a)(9), 116.3(a)(11),

116.3(a)(12),

[[Page 44088]]

116.3(14), and 116.11(b) (1)-(4); New Sections 116.160 introductory

paragraph, 116.160 (a)-(d), 116.161, 116.162 introductory paragraph,

116.162 (1)-(4), 116.163 (a)-(e) and 116.141 (a),(c)-(e).

(C) Revisions to Regulation VI--Control of Air Pollution by Permits

for New Construction or Modification: as adopted by Texas Natural

Resource Conservation Commission (TNRCC) on August 16, 1993. New

Section 116.010, definition of de minimis impact.

(D) Revision to General Rules, as adopted by Texas Natural Resource

Conservation Commission (TNRCC) on August 16, 1993, Repeal Section

101.1 definition of de minimis impact.

(E) Texas Natural Resource Conservation Commission (TNRCC)

Commission Order Docket Number 95-0276-RUL, as adopted by Texas Natural

Resource Conservation Commission (TNRCC) on March 1, 1995.

(F) Revision to Regulation VI--Control of Air Pollution by Permits

for New Construction or Modification, revised 30 TAC Section

116.160(a), as adopted by Texas Natural Resource Conservation

Commission (TNRCC) on March 1, 1995.

* * * * *

3. Section 52.2303(a) is revised to read as follows:

Sec. 52.2303 Significant deterioration of air quality.

(a) The plan submitted by the Governor of Texas on December 11,

1985 (as adopted by TACB on July 26, 1985), October 26, 1987 (as

revised by TACB on July 17, 1987), September 29, 1988 (as revised by

TACB on July 15, 1988), February 18, 1991 (as revised by TACB on

December 14, 1990), May 13, 1992 (as revised by TACB on May 8, 1992),

August 31, 1993 (as recodified, revised and adopted by TACB on August

16, 1993), July 12, 1995 (as revised on March 1, 1995) containing

Regulation VI--Control of Air Pollution for New Construction or

Modification, Sections 116.010, 116.141 and 116.160-116.163; the

Prevention of Significant Deterioration (PSD) Supplement document,

submitted by the Governor on October 26, 1987 (as adopted by TACB on

July 17, 1987); revision to General Rules, Rule 101.20(3), submitted by

the Governor on December 11, 1985 (as adopted by TACB on July 26,

1985), is approved as meeting the requirements of part C, Clean Air Act

for preventing significant deterioration of air quality.

* * * * *

PART 81--[AMENDED]

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

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

Sec. 81.344 [Amended]

2. Section 81.344 is amended by removing the table for TSP and

revising the PM-10 table to read as follows:

Sec. 81.344 Texas.

* * * * *

Texas-PM-10 Nonattainment Areas

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

Designation Classification

Designated Area ------------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

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

AQCR 022......................... ........... Unclassifiable.................. ........... .................

AQCR 106......................... ........... Unclassifiable.................. ........... .................

AQCR 153:

El Paso County--city of El 11/15/90 Nonattainment................... 11/15/90 Moderate.

Paso.

3 limited areas in El Paso ........... Unclassifiable.................. ........... .................

County.

(El Paso 1, 2, and 4).

1 limited area in El Paso ........... Unclassifiable.................. ........... .................

County.

(El Paso 3)

1 limited area in El Paso ........... Unclassifiable.................. ........... .................

County.

(El Paso 5).

Remainder of AQCR............ ........... Unclassifiable.................. ........... .................

AQCR 210......................... ........... Unclassifiable.................. ........... .................

AQCR 211:

Lubbock County--That portion ........... Unclassifiable.................. ........... .................

of the city of Lubbock

enclosed by Loop 289 highway.

Remainder of AQCR............ ........... Unclassifiable.................. ........... .................

AQCR 212......................... ........... Unclassifiable.................. ........... .................

AQCR 213:

2 limited areas in Cameron

County

(Cameron 1 and 2).......... ........... Unclassifiable.................. ........... .................

Remainder of AQCR............ ........... Unclassifiable.................. ........... .................

QCR 214:

2 limited areas in Nueces ........... Unclassifiable.................. ........... .................

County.

(Nueces 1 and 2).

Remainder of AQCR............ ........... Unclassifiable.................. ........... .................

AQCR 215:

3 limited areas in Dallas ........... Unclassifiable.................. ........... .................

County.

(Dallas 1, 2, and 3).

1 limited area in Tarrant ........... Unclassifiable.................. ........... .................

County.

(Tarrant 1).

3 limited areas in Tarrant ........... Unclassifiable.................. ........... .................

County.

(Tarrant 2, 3, and 4)

Remainder of AQCR............ ........... Unclassifiable.................. ........... .................

AQCR 216:

1 limited area in Harris ........... Unclassifiable.................. ........... .................

County.

(Houston 1).

1 limited area in Harris ........... Unclassifiable.................. ........... .................

County.

[[Page 44089]]

(Houston 2).

1 limited area in Harris ........... Unclassifiable.................. ........... .................

County.

(Aldine).

1 limited area in Harris ........... Unclassifiable.................. ........... .................

County.

1 limited area in Galveston ........... Unclassifiable.................. ........... .................

County.

Remainder of AQCR............ ........... Unclassifiable.................. ........... .................

AQCR 217:

1 limited area in Bexar ........... Unclassifiable.................. ........... .................

County.

Remainder of AQCR............ ........... Unclassifiable.................. ........... .................

AQCR 218......................... ........... Unclassifiable.................. ........... .................

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

\1\ This date is November 15, 1990, unless otherwise noted.

* * * * * *

*

[FR Doc. 97-21803 Filed 8-18-97; 8:45 am]

BILLING CODE 6560-50-U