Title 40

SECTION 52.2273

52.2273 Approval status.

§ 52.2273 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves Texas' plan for the attainment and maintenance of the national standards.

(b) The EPA is disapproving the following Texas SIP revisions submittals under 30 TAC Chapter 35 - Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions as follows:

(1) The following provisions under 30 TAC Chapter 35, Subchapter A - Purpose, Applicability and Definitions:

(i) 30 TAC Section 35.1 - Purpose - adopted November 18, 1998 and submitted December 10, 1998.

(ii) 30 TAC Section 35.2 - Applicability - adopted November 18, 1998 and submitted December 10, 1998.

(iii) 30 TAC Section 35.3 - Definitions - adopted November 18, 1998 and submitted December 10, 1998.

(2) The following provisions under 30 TAC Chapter 35, Subchapter B - Authority of the Executive Director:

(i) 30 TAC Section 35.11 - Purpose and Applicability - adopted November 18, 1998 and submitted December 10, 1998.

(ii) 30 TAC Section 35.12 - Authority of the Executive Director - adopted November 18, 1998 and submitted December 10, 1998.

(iii) 30 TAC Section 35.13 - Eligibility of the Executive Director - adopted November 18, 1998 and submitted December 10, 1998.

(3) The following provisions under 30 TAC Chapter 35, Subchapter C - General Provisions:

(i) 30 TAC Section 35.21 - Action by the Commission or Executive Director - adopted November 18, 1998 and submitted December 10, 1998.

(ii) 30 TAC Section 35.22 - Term and Renewal of Orders - adopted November 18, 1998 and submitted December 10, 1998.

(iii) 30 TAC Section 35.23 - Effect of Orders - adopted November 18, 1998 and submitted December 10, 1998.

(iv) 30 TAC Section 35.24 - Application for Emergency or Temporary Orders - adopted November 18, 1998 and submitted December 10, 1998. No action is taken on subsection (b) and paragraphs (e)(6)-(7) which are outside the scope of the SIP.

(v) 30 TAC Section 35.25 - Notice and Opportunity for Hearing - adopted November 18, 1998 and submitted December 10, 1998. No action is taken on paragraphs (e)(1)-(8) and (11)-(15) which are outside the scope of the SIP.

(vi) 30 TAC Section 35.26 - Contents of Emergency or Temporary Order - adopted November 18, 1998 and submitted December 10, 1998.

(vii) 30 TAC 35.27 - Hearing Required - adopted November 18, 1998 and submitted December 10, 1998.

(viii) 30 TAC Section 35.28 - Hearing Requests - adopted November 18, 1998 and submitted December 10, 1998.

(ix) 30 TAC Section 35.29 - Procedures for a Hearing - adopted November 18, 1998 and submitted December 10, 1998.

(x) 30 TAC Section 35.30 - Application Fees - adopted November 18, 1998 and submitted December 10, 1998.

(4) The following provisions under 30 TAC Chapter 35, Subchapter K - Air Orders:

(i) 30 TAC Section 35.801 - Emergency Orders Because of a Catastrophe - adopted November 18, 1998 and submitted December 10, 1998; revised June 28, 2006 and submitted July 17, 2006.

(ii) 30 TAC Section 35.802 - Applications for an Emergency Order - adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.411); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.802); revised June 28, 2006 and submitted July 17, 2006.

(iii) 30 TAC Section 35.803 - Public Notification - adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.412); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.803).

(iv) 30 TAC Section 35.804 - Issuance of an Emergency Order - adopted November 18, 1998 and submitted December 10, 1998; revised June 28, 2006 and submitted July 17, 2006.

(v) 30 TAC Section 35.805 - Contents of an Emergency Order - adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.415); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC 35.805); revised June 28, 2006 and submitted July 17, 2006.

(vi) 30 TAC Section 35.806 - Requirement to Apply for a Permit or Modification - adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.416); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC Section 35.806).

(vii) 30 TAC Section 35.807 - Affirmation of an Emergency Order - adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.414); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC Section 35.807); revised June 28, 2006 and submitted July 17, 2006.

(viii) 30 TAC Section 35.808 - Modification of an Emergency Order - adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC Section 116.417); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC Section 35.808); revised June 28, 2006 and submitted July 17, 2006.

(ix) 30 TAC Section 35.809 - Setting Aside an Emergency Order - adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC Section 116.418); revised November 18, 1998 and submitted December 10, 1998 (as redesignated to 30 TAC Section 35.809).

(c) The EPA is disapproving the Texas SIP revision submittals under 30 TAC Chapter 101 - General Air Quality Rules as follows:

(1) The following provisions under 30 TAC Chapter 101, Subchapter F - Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities:

(i) 30 TAC Section 101.222 (Demonstrations): Sections 101.222(h), 101.222(i), and 101.222(j), adopted December 14, 2005, and submitted January 23, 2006.

(ii) [Reserved]

(2) [Reserved]

(d) The EPA is disapproving the following Texas SIP revisions submittals under 30 TAC Chapter 116 - Control of Air Pollution by Permits for New Construction and Modification as follows:

(1) The following provisions under 30 TAC Chapter 116, Subchapter A - Definitions:

(i) Definition of “actual emissions” in 30 TAC Section 116.10(1), submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998;

(ii) Definition of “allowable emissions” in 30 TAC Section 116.10(2), submitted March 13, 1996; repealed and re-adopted June 17, 1998 and submitted July 22, 1998; and submitted September 11, 2000.

(iii) Definition of “modification of existing facility” pertaining to oil and natural gas processing facilities adopted February 14, 1996 and submitted on March 13, 1996 at 30 TAC Section 116.10(11)(G); repealed and re-adopted June 17, 1998, submitted July 22, 1998; adopted August 21, 2002, and submitted September 4, 2002.

(iv) Definition of “modification of existing facility” pertaining to oil and natural gas processing facilities adopted September 15, 2010, and submitted October 5, 2010, as 30 TAC Section 116.10(9)(F).

(2) The following provisions under 30 TAC Chapter 116, Subchapter B - New Source Review Permits:

(i) 30 TAC Section 116.118 submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and submitted July 22, 1998.

(ii) [Reserved]

(3) The following provision under 30 TAC Chapter 116, Subchapter K - Emergency Orders: 30 TAC Section 116.1200 - Applicability, adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC Section 116.410); revised November 18, 1998 and submitted December 10, 1998; revised January 11, 2006 and submitted February 1, 2006 (as redesignated to 30 TAC Section 116.1200).

(e) The EPA is disapproving the attainment demonstration for the Dallas/Fort Worth Serious ozone nonattainment area under the 1997 ozone standard submitted January 17, 2012. The disapproval applies to the attainment demonstration, the determination for reasonably available control measures, and the attainment demonstration motor vehicle emission budgets for 2012.

[81 FR 62386, Sept. 9, 2016]

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