`[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Rules and Regulations]
[Pages 44083-44089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21803]


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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''

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         Recodified rule            Date submitted           Title             Old rule            Comments     
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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`