1
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R06­
OAR­
2004­
TX­
0001;
FRL
­
]

Approval
and
Promulgation
of
Implementation
Plans;
Texas;
Memoranda
of
Understanding
between
Texas
Department
of
Transportation
and
the
Texas
Commission
on
Environmental
Quality
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Direct
final
rule.

SUMMARY:
EPA
is
taking
direct
final
action
to
approve
a
State
Implementation
Plan
(
SIP)

revision
submitted
by
the
Texas
Commission
on
Environmental
Quality
(
TCEQ)
on
August
15,

2002.
This
SIP
revision
approves
the
adoption
by
reference
of
a
Memorandum
of
Understanding
(
MOU)
between
the
TCEQ
and
the
Texas
Department
of
Transportation
(
TxDOT).
The
MOU
is
adopted
into
the
Texas
rule
at
30
TAC,
Chapter
7,
Section
119
(
Section
7.119).
This
MOU
concerns
the
coordination
of
environmental
reviews
associated
with
transportation
projects.
The
adoption
by
reference
of
this
MOU
will
streamline
coordination
between
the
TCEQ
and
TxDOT
by
consolidating
separate
MOUs
currently
in
the
air
and
water
regulations.
This
action
is
important
to
satisfy
the
need
of
the
Commission
and
TxDOT
to
coordinate
regulatory
programs
and
to
ensure
that
overlapping
areas
of
responsibility
are
clarified.
This
approval
will
make
the
MOU
revised
regulations
Federally
enforceable.
2
DATES:
This
rule
is
effective
on
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice,
unless
EPA
receives
adverse
comment
by
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
If
EPA
receives
such
comment,

EPA
will
publish
a
timely
withdrawal
in
the
Federal
Register
informing
the
public
that
this
rule
will
not
take
effect.

ADDRESSES:
Submit
your
comments,
identified
by
Docket
No.
EPA­
R06­
OAR­
2004­
TX­

0001,
by
one
of
the
following
methods:

°
Federal
eRulemaking
Portal:
http://
www.
regulations.
gov.
Follow
the
on­
line
instructions
for
submitting
comments.

°
EPA
Region
6
"
Contact
Us"
web
site:
http://
epa.
gov/
region6/
r6coment.
htm.
Please
click
on
"
6PD"
(
Multimedia)
and
select
"
Air"
before
submitting
comments.

°
E­
mail:
Mr.
Thomas
Diggs
at
diggs.
thomas@
epa.
gov.
Please
also
send
a
copy
by
email
to
the
person
listed
in
the
FOR
FURTHER
INFORMATION
CONTACT
section
below.

°
Fax:
Mr.
Thomas
Diggs,
Chief,
Air
Planning
Section
(
6PD­
L),
at
fax
number
214­
665­

7263.

°
Mail:
Mr.
Thomas
Diggs,
Chief,
Air
Planning
Section
(
6PD­
L),
Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.

°
Hand
or
Courier
Delivery:
Mr.
Thomas
Diggs,
Chief,
Air
Planning
Section
(
6PD­
L),

Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.

Such
deliveries
are
accepted
only
between
the
hours
of
8:
00am
and
4:
00pm
weekdays
except
for
legal
holidays.
Special
arrangements
should
be
made
for
deliveries
of
boxed
information.
3
Instructions:
Direct
your
comments
to
Docket
ID
No.
EPA­
R06­
OAR­
2004­
TX­
0001.
EPA's
policy
is
that
all
comments
received
will
be
included
in
the
public
docket
without
change
and
may
be
made
available
online
at
www.
regulations.
gov,
including
any
personal
information
provided,

unless
the
comment
includes
information
claimed
to
be
Confidential
Business
Information
(
CBI)

or
other
information
whose
disclosure
is
restricted
by
statute.
Do
not
submit
information
that
you
consider
to
be
CBI
or
otherwise
protected
through
www.
regulations.
gov
or
e­
mail.
The
www.
regulations.
gov
website
is
an
"
anonymous
access"
system,
which
means
EPA
will
not
know
your
identity
or
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
If
you
send
an
e­
mail
comment
directly
to
EPA
without
going
through
www.
regulations.
gov
your
e­
mail
address
will
be
automatically
captured
and
included
as
part
of
the
comment
that
is
placed
in
the
public
docket
and
made
available
on
the
Internet.
If
you
submit
an
electronic
comment,
EPA
recommends
that
you
include
your
name
and
other
contact
information
in
the
body
of
your
comment
and
with
any
disk
or
CD­
ROM
you
submit.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
Electronic
files
should
avoid
the
use
of
special
characters,
any
form
of
encryption,

and
be
free
of
any
defects
or
viruses.

Docket:
All
documents
in
the
docket
are
listed
in
the
www.
regulations.
gov
index.
Although
listed
in
the
index,
some
information
is
not
publicly
available,
e.
g.,
CBI
or
other
information
whose
disclosure
is
restricted
by
statute.
Certain
other
material,
such
as
copyrighted
material,
will
be
publicly
available
only
in
hard
copy.
Publicly
available
docket
materials
are
available
either
electronically
in
www.
regulations.
gov
or
in
the
official
file,
which
is
available
at
the
Air
Planning
Section
(
6PD­
L),
Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
700,
Dallas,
Texas
4
75202­
2733.
The
file
will
be
made
available
by
appointment
for
public
inspection
in
the
Region
6
FOIA
Review
Room
between
the
hours
of
8:
30am
and
4:
30pm
weekdays
except
for
legal
holidays.
Contact
the
person
listed
in
the
FOR
FURTHER
INFORMATION
CONTACT
paragraph
below
or
Mr.
Bill
Deese
at
214­
665­
7253
to
make
an
appointment.
If
possible,
please
make
the
appointment
at
least
two
working
days
in
advance
of
your
visit.
There
will
be
a
15
cent
per
page
fee
for
making
photocopies
of
documents.
On
the
day
of
the
visit,
please
check
in
at
the
EPA
Region
6
reception
area
at
1445
Ross
Avenue,
Suite
700,
Dallas,
Texas.

The
State
submittal
is
also
available
for
public
inspection
at
the
State
Air
Agency
listed
below
during
official
business
hours
by
appointment:

Texas
Commission
on
Environmental
Quailty,
Office
of
Air
Quality,
12124
Park
35
Circle,

Austin,
Texas
78753.

FOR
FURTHER
INFORMATION
CONTACT:
Alima
Patterson,
State/
Oversight
Section
(
6PD­
O),
Environmental
Protection
Agency,
Region
6,
1445
Ross
Avenue,
Suite
700,

Dallas,
Texas
75202­
2733,
telephone
(
214)
665­
7247;
fax
number
214­
665­
7263;
e­
mail
address
patterson.
alima@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

Throughout
this
document,
whenever
"
we",
"
us",
or
"
our"
is
used,
we
mean
the
EPA.

Outline
5
1
At
the
time
of
the
adoption
of
the
MOU,
the
TCEQ
name
was
the
Texas
Natural
Resource
Conservation
Commission
(
TNRCC),
however,
on
September
1,
2002,
the
TNRCC
agency
name
was
changed
to
the
TCEQ.
For
further
legislative
history
on
the
name­
change,
please
refer
to
the
Act
of
June
15,
2001,
77th
Leg.
R.
S.
Chapter
965,
Section
18.01,
2001
Tex.
Gen
Laws
1985.
The
TCEQ
may
perform
any
act
for
which
it
was
authorized
as
either
the
TNRCC
or
the
Texas
Water
Commission
(
TWC).
Therefore,
reference
to
TCEQ
are
references
to
TNRCC
and
to
its
successor,
TECQ.
I.
What
Action
is
EPA
Taking?

II.
Why
Was
this
SIP
Revision
Submitted?

III.
What
is
the
Effect
of
this
Action?

IV.
Final
Action
V.
Statutory
and
Executive
Order
Reviews
I.
What
Action
is
EPA
Taking?

We
are
granting
direct
final
approval
to
a
SIP
revision
submitted
by
the
State
of
Texas
which
adopts
by
reference
a
MOU
between
the
TCEQ1
and
the
TxDOT.
The
MOU
was
adopted
into
the
Texas
Rule
at
30
TAC,
Chapter
7,
Section
119
(
Section
7.119)
on
April
10,
2002.
The
provisions
of
the
new
Section
7.119
of
the
MOU
as
adopted
became
effective
on
May
2,
2002,

(
See
27
Texas
Register
3560).
The
approval
of
this
new
Section
7.119
of
the
State
regulation
streamlines
coordination
between
the
Commission
and
TxDOT
by
consolidating
separate
MOUs
currently
in
the
State
air
regulations
(
30
TAC
Section
114.250).

EPA
is
taking
direct
final
action
to
approve
the
incorporation
of
this
MOU
into
the
Texas
SIP.

II.
Why
Was
this
SIP
Revision
Submitted?

The
State
of
Texas
adopted
the
MOU
and
a
new
Section
7.119
and
submitted
the
revision
to
EPA
for
approval
into
the
SIP
on
August
22,
2002.
The
rule
and
MOU
streamlines
6
coordination
between
the
TCEQ
and
TxDOT
by
consolidating
separate
MOUs
currently
in
the
air
regulations
(
30
TAC
Section114.250)
and
in
water
regulations
(
30
TAC
Section
305.521).
The
rule
adopts
by
reference
a
TxDOT
MOU
by
consolidating
these
separate
MOUs.
The
TCEQ
repealed
30
TAC
Section
114.250
which
previously
contained
the
MOU
in
the
air
regulations.

Section
114.250
is
not
part
of
the
SIP
so
no
action
on
its
repeal
is
necessary
by
EPA.

The
EPA
was
given
the
opportunity
during
the
State's
public
participation
process
to
comment
on
the
proposed
rule
and
supported
the
repeal
of
Section
114.250
and
Section
305.521
in
favor
of
the
new
Section
7.119.

The
provisions
of
the
MOU
regarding
the
processing
of
documents
are
in
compliance
with
the
requirements
of
the
National
Environmental
Policy
Act.
The
MOU
establishes
periods
for
review
of
documents
and
ensured
coordination
between
the
agencies
on
road
projects
that
could
have
environmental
impacts.
The
proposed
rule
does
not
represent
a
change
from
current
practices,
but
is
intended
to
streamline
coordination
between
the
two
agencies
by
consolidating
separate
MOU
provisions
currently
in
the
air
regulations
and
the
water
regulations.
There
are
no
fiscal
implications
anticipated
to
State
or
Local
units
of
government.
Section
7.119
will
be
reevaluated
each
year
of
the
first
five
years
of
the
agreement
between
TCEQ
and
TxDOT.
The
proposed
rule
and
the
MOU
satisfies
the
need
of
the
commission
and
TxDOT
to
coordinate
regulatory
programs
and
to
ensure
that
overlapping
areas
of
responsibility
are
clarified.
The
rule/
MOU
places
no
requirements
on
the
regulated
community.

Under
40
CFR
Part
51.102,
the
State
is
required
to
provide
public
notification
and
conduct
a
public
hearing
prior
to
adoption
and
submission
to
EPA
any
revision
under
40
CFR
Part
51.104(
a).
The
State
provided
for
public
participation
in
accordance
with
40
CFR
51.102
7
and
held
a
public
hearing
on
November
27,
2001.
The
State
provided
in
its
SIP
submittal
a
transcript
of
its
public
hearing,
notification
for
the
public
hearing,
copies
of
comment
received
and
their
evaluation
of
comments.
The
MOU
between
TECQ
and
TxDOT
was
adopted
on
April
10,

2002
and
became
effective
on
May
2,
2002.

This
rule
incorporates
an
MOU
into
the
SIP.
The
MOU
provides
for
a
streamlined
coordination
of
environmental
reviews
associated
with
transportation
projects
between
TxDOT
and
TCEQ.
As
such,
this
rule
is
procedural
in
nature
and
meets
and
complies
with
the
requirements
of
section
110(
l)
of
the
Clean
Air
Act.

III.
What
is
the
Effect
of
This
Action?

EPA
intends
to
take
direct
final
action
approving
this
SIP
revision
to
incorporate
by
reference
the
MOU
between
TCEQ
and
TxDOT.
The
MOU
will
address
transportation
planning
issues
required
by
TxDOT
and
the
TCEQ,
specifically
including
processing
of
documents
required
by
the
National
Environmental
Policy
Act.
The
MOU
establishes
periods
for
review
of
documents
and
ensures
coordination
between
the
agencies
on
road
projects
that
could
have
environmental
impacts.

IV.
Final
Action.

EPA
is
approving
by
the
direct
final
rulemaking
the
revision
to
the
Texas
SIP
adopting
by
reference
an
MOU
between
the
TCEQ
and
the
TXDOT.
The
MOU
is
adopted
into
the
Texas
rule
at
30
TAC
Section
7.119
and
this
rule
is
being
approved
into
the
SIP.
The
approval
of
this
new
section
of
the
State
regulation
streamlines
coordination
between
the
TCEQ
and
TxDOT.
We
have
evaluated
the
State's
submittal
and
have
determined
that
it
meets
the
applicable
requirements
of
the
Clean
Air
Act.
Therefore,
we
are
approving
the
request
of
TCEQ
to
revise
8
the
SIP
and
incorporate
by
reference
the
MOU
between
the
Commission
and
TxDOT.

EPA
is
publishing
this
rule
without
prior
proposal
because
we
view
this
as
a
noncontroversial
amendment
and
anticipate
no
adverse
comments.
However,
in
the
proposed
rules
section
of
this
Federal
Register
publication,
we
are
publishing
a
separate
document
that
will
serve
as
the
proposal
to
approve
the
SIP
revision
if
adverse
comments
are
received.
This
rule
will
be
effective
on
[
FEDERAL
REGISTER
OFFICE:
insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice
unless
we
receive
adverse
comment
by
[
FEDERAL
REGISTER
OFFICE:
insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
If
we
receive
adverse
comments,
we
will
publish
a
timely
withdrawal
in
the
Federal
Register
informing
the
public
that
the
rule
will
not
take
effect.
We
will
address
all
public
comments
in
a
subsequent
final
rule
based
on
the
proposed
rule.
We
will
not
institute
a
second
comment
period
on
this
action.
Any
parties
interested
in
commenting
must
do
so
now.
Please
note
that
if
we
receive
adverse
comment
on
an
amendment,
paragraph,
or
section
of
this
rule
and
if
that
provision
may
be
severed
from
the
remainder
of
the
rule,
we
may
adopt
as
final
those
provisions
of
the
rule
that
are
not
the
subject
of
an
adverse
comment.

V.
Statutory
and
Executive
Order
Reviews
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
action
is
not
a
"
significant
regulatory
action"
and
therefore
is
not
subject
to
review
by
the
Office
of
Management
and
Budget.
For
this
reason,
this
action
is
also
not
subject
to
Executive
Order
13211,
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
(
66
FR
28355,
May
22,
2001).
This
action
merely
approves
state
law
as
meeting
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
by
state
law.
Accordingly,
the
9
Administrator
certifies
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
under
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601
et
seq.).
Because
this
rule
approves
pre­
existing
requirements
under
state
law
and
does
not
impose
any
additional
enforceable
duty
beyond
that
required
by
state
law,
it
does
not
contain
any
unfunded
mandate
or
significantly
or
uniquely
affect
small
governments,
as
described
in
the
Unfunded
Mandates
Reform
Act
of
1995
(
Public
Law
104­
4).

This
rule
also
does
not
have
tribal
implications
because
it
will
not
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
by
Executive
Order
13175
(
65
FR
67249,
November
9,
2000).

This
action
also
does
not
have
Federalism
implications
because
it
does
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132
(
64
FR
43255,
August
10,
1999).
This
action
merely
approves
a
state
rule
implementing
a
Federal
standard,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Clean
Air
Act.
This
rule
also
is
not
subject
to
Executive
Order
13045
"
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks"
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.
10
In
reviewing
SIP
submissions,
EPA's
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
Clean
Air
Act.
In
this
context,
in
the
absence
of
a
prior
existing
requirement
for
the
State
to
use
voluntary
consensus
standards
(
VCS),
EPA
has
no
authority
to
disapprove
a
SIP
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,
when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
submission
that
otherwise
satisfies
the
provisions
of
the
Clean
Air
Act.
Thus,
the
requirements
of
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
15
U.
S.
C.
272
note)
do
not
apply.
This
rule
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).

The
Congressional
Review
Act,
5
U.
S.
C.
section
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.

EPA
will
submit
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
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
A
major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
"
major
rule"
as
defined
by
5
U.
S.
C.

section
804(
2).

Under
section
307(
b)(
1)
of
the
Clean
Air
Act,
petitions
for
judicial
review
of
this
action
must
be
filed
in
the
United
States
Court
of
Appeals
for
the
appropriate
circuit
by
[
FEDERAL
REGISTER
OFFICE:
insert
date
60
days
from
date
of
publication
of
this
document
in
the
11
Federal
Register].
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
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Intergovernmental
Relations,
Nitrogen
oxides,
Ozone,
Reporting
and
recordkeeping
requirements,
Volatile
Organic
Compounds.

Dated:
November
18,
2005
Richard
E.
Greene,

Regional
Administrator,
Region
6.
12
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
et
seq.

Subpart
SS
 
Texas
2.
In
§
52.2270,
the
table
in
paragraph
(
e)
entitled
"
EPA
approved
nonregulatory
provisions
and
quasi­
regulatory
measures"
is
amended
by
adding
one
new
entry
to
the
end
of
the
table
to
read
as
follows:

§
52.2270
Identification
of
plan.

*
*
*
*
*

(
e)
*
*
*

EPA
Approved
Nonregulatory
Provisions
and
Quasi­
Regulatory
Measures
in
the
Texas
SIP
Name
of
SIP
provision
Applicable
geographic
or
nonattainment
area
State
approval/
submittal
date
EPA
approval
date
Comments
*
*
*
*
*
*
*

Memorandum
of
Understanding
Between
the
Texas
Department
of
Transportation
and
the
Texas
Natural
Resource
Conservation
Commission.
Statewide
08/
15/
2002
[
Insert
date
of
FR
publication]

[
Insert
FR
page
number
where
document
begins]
