Federal Register: July 17, 2000 (Volume 65, Number 137)
DOCID: FR Doc 00-17876
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
TX ID: [TX-100-7390a; FRL-6735-3]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Implementation Plans; Texas; Permitting of New and Modified Sources in Nonattainment Areas
EFFECTIVE DATES: This rule is effective on August 16, 2000.
DOCUMENT SUMMARY:
The EPA is approving revisions to the Texas State
Implementation Plan (SIP) for the permitting of new major sources and
major modifications in areas which do not meet the national ambient air
quality standards (NAAQS) promulgated by EPA (nonattainment areas). The
EPA is approving these revisions to satisfy the provisions of the Clean
Air Act (Act) which relate to the permitting of new and modified
sources which are located in nonattainment areas. Today's action
approves the recodification of and revisions to the nonattainment
permitting regulations. Today's action also approves revisions relating
to when nonattainment area permitting requirements apply to emissions
of nitrogen oxides (NO
SUMMARY:
Texas,
SUPPLEMENTAL INFORMATION
Throughout this document ``we,'' ``us,'' or ``our'' means EPA.
Table of Contents
I. What action are we taking?
II. What is the background for this action?
III. What did Texas submit?
[[Page 43987]]
IV. What are the Federal requirements for permitting major sources and major modifications in nonattainment areas?
V. Summary of Texas' 182(f) NO
VI. Why can we approve this request?
VII. Final action
VIII. Administrative requirements
I. What Action Are We Taking?
We are finalizing our approval of the recodification of and
revisions to Title 30, Texas Administrative Code (TAC) Chapter 116,
``Control of Air Pollution by Permits for New Construction or Modification,'' as indicated in Table 1 below:
Table 1.Regulations That EPA Is Approving
Recodified section of 30 TAC chapter Submittal dates of recodified
116 section Title or description Former section of 30 TAC chapter 116
Section 116.12........................ August 31, 1993..................... Nonattainment Review Section 101.1.
July 18, 1996....................... Definitions.
April 13, 1998......................
March 16, 1999......................
Section 116.150....................... August 31, 1993..................... New Major Source or Major Section 116.3(a)(7) and (8).
November 1, 1995.................... Modification in Ozone
April 13, 1998...................... Nonattainment Areas.
March 16, 1999......................
Section 116.151....................... August 31, 1993..................... New Major Source or Major Section 116.3(a)(10).
April 13, 1998...................... Modification in Nonattainment
Area Other than Ozone.
Section 116.170....................... August 31, 1993..................... Applicability for Reduction Section 116.3(c).
Credits.
This proposal includes portions of revisions submitted by the Governor of Texas to EPA on the following dates:
We are taking this rulemaking action under sections 110, 301 and part D of the Act. We are acting only on those parts of these submittals which relate to permitting sources in nonattainment areas.
II. What Is the Background for This Action?
On January 18, 2000, we published a notice of proposed rulemaking (NPR) proposing full approval of the recodification of and revisions to Texas' regulations for the permitting of new major sources and major modifications in nonattainment areas. The Governor submitted revisions to these nonattainment area permitting requirements as described above.
As explained in the NPR, we have determined that Texas' recodification of and revisions to its nonattainment permitting requirements continue to meet the requirements of part D of the Act and 40 CFR 51.165 (Permit Requirements). The NPR provided opportunity for the public to comment on the proposed action. The public comment period for our action ended February 17, 2000. We received no comments on the NPR. As a result, we are finalizing our proposed approval without changes. For more details on these submittals, please refer to the proposed rulemaking.
III. What Did Texas Submit?
Table 2 below summarizes each individual SIP submittal that we are approving in today's action.
Table 2.Summary of Each Individual SIP Submittal
Date adopted by state Date submitted to EPA Description of SIP submittal
August 16, 1993......................... August 31, 1993...................... Recodification and revisions to
SIP relating to permitting
under part D of the Act. This
includes submittal of the
following recodified Sections
of Chapter 116:
Section 116.12,
Section 116.150, and
116.151, and
Section 116.170(1) and (3).
October 26, 1995........................ November 1, 1995..................... Revisions to Section 116.150 to
address nonattainment
permitting requirements for
NO
IV. What Are the Federal Requirements for Permitting Major Sources and Major Modifications in Nonattainment Areas?
A. What Are the Statutory Requirements for Permitting Major Sources and Major Modifications in Nonattainment Areas?
The statutory requirements governing permitting in nonattainment
areas are in part D of the Act. Specifically, the Act requires that a
major source or major modification meet the criteria in Table 3 below.
Table 3.Summary of Requirement for Permitting Major Sources and Major Modifications in Nonattainment Areas
Requirement of Act Where specified in the Act Citation in state regulations
Base emissions offsets on the Section 173(a)(1)(A)................ Section 116.150(a)(4),
same emissions baseline used Section 116.151(3). in the demonstration of
reasonable further progress..
Apply Lowest Achievable Section 173(a)(2)................... Section 116.150(a)(1),
Emission Rate (LAER). Section 116.151(1).
Demonstrate that all other Section 173(a)(3)................... Section 116.150(a)(2),
major stationary sources under Section 116.151(2). the same ownership or
operation in the State are
complying with the Act.
State cannot issue a permit if Section 173(a)(4)................... The EPA has made no such determination
the EPA Administrator finds for Texas. If EPA makes this
that the State is not determination in the future, EPA will
adequately enforcing the address this matter with Texas at that
provisions of the applicable time. implementation plan for the
nonattainment area in which
the source proposes to
construct or modify.
control techniques for
proposed sources.
benefits of the proposed
source significantly outweigh
the environmental and social
costs associated with its
location, construction, or
modification.
Prohibits use of growth Section 173(b)...................... Not Applicable. allowance included in a SIP
prior to the Act Amendments of
1990 in an area which receives
notice that such plan is
substantially inadequate.
A sources may obtain offsets in Section 173(c)(1)................... Section 116.150(a)(3). another nonattainment area Section 116.151(3). under the following conditions.
offsetting reductions
originate has an equal or
higher nonattainment
classification, and.
nonattainment area where the
offsetting reductions
originate will contribute to a
NAAQS violation in the area in
which the source would
construct.
A new or modified major Section 173(c)(1)................... Section 116.150(a)(3). stationary source must offset Section 116.151(3). a proposed emissions increase Section 116.12(14)Definition of with real reductions in actual ``Offset ratio''. emissions.
Must not use emission Section 173(c)(2)................... Section 116.170(1). reductions otherwise required
by the Act.
A State may allow any existing Section 173(e)...................... Section 116.170(3). or modified source that tests
rocket engines or motors to
use alternative or innovative
means to offset emissions
increases from firing and
related cleaning.
B. Who Is Affected by This Action?
The requirements described in Table 3 above apply to each owner
and/or operator who constructs or modifies a stationary source in a
nonattainment area in Texas if the stationary source is major for the
air pollutant for which the area is nonattainment. A stationary source
is major if it emits, or has the potential to emit, the nonattaining
pollutant, or precursor thereto, in amounts greater than the major source threshold for the nonattaining pollutant.
C. What Are the Major Source Thresholds for Nonattainment Pollutants?
The major source threshold varies, depending on the pollutant and the classification of the nonattainment area. Any owner or operator who proposes to construct a major stationary source must obtain a permit which complies with the regulations that we are approving herein. Table 4 below lists the major source threshold for each pollutant. Table 4.Major Source Thresholds Pollutant: classification Major source threshold in tons per year (TPY) Where specified in the Act Ozone:
Marginal.................. 100 of volatile organic compounds (VOC) or NO
Moderate.................. 100 of VOC or NO
Serious................... 50 of VOC or NO
Severe.................... 25 of VOC or NO
Carbon monoxide (CO):
Moderate.................. 100.................................................................................. Section 302(j).
Serious................... 50................................................................................... Section 187(c)(1). Particulate matter less than
10 micrometers (PM10):
Moderate.................. 100.................................................................................. Section 302(j).
Serious................... 70................................................................................... Section 189(b)(3).
Sulfur dioxide (SO
Table 4 above refers to classifications for areas designated
nonattainment for ozone, CO, and PM10. These nonattainment classifications are defined in the Act as follows:
A detailed description of the individual area classifications for ozone, CO, and PM10 nonattainment areas is contained in EPA's General Preamble for the Implementation of Title I of the 1990 Amendments, 57 FR 13498 (April 16, 1992).
D. What Is a Major Modification?
A major modification is any physical change, or change in the method of operating, a major stationary source which significantly increases net emissions of the air pollutant, or precursor, for which the area is nonattainment and for which the source is a major source before the modification.
Any owner or operator who proposes a major modification must obtain
a permit that complies with the regulations that we are approving
herein. Table 5 below lists the significance level for each pollutant
which is used in determining whether a net emissions increase is a major modification.
Table 5.Significance Levels for Major Modifications
Pollutant: Classification Significance level in TPY Where specified in the Act or regulations Ozone:
Marginal................. 40 of VOC or NO
Moderate................. 40 of VOC or NO
Serious.................. 25 of VOC or NO
Severe................... 25 of VOC or NO
FOR FURTHER INFORMATION CONTACT
Stanley M. Spruiell of EPA Region 6 Air Permits Section at (214) 6657212 at the address above, or at spruiell.stanley@epa.gov.