Approval and Promulgation of Implementation Plans; Texas;
Reasonably Available Control Technology for Major Stationary Sources of
Nitrogen Oxides in the Houston/Galveston, Beaumont/Port Arthur, and
Dallas/Fort Worth Ozone Nonattainment Areas
Related Material
[Federal Register: September 1, 2000 (Volume 65, Number 171)]
[Rules and Regulations]
[Page 53172-53180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se00-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-122-1-7451a; FRL-6860-3]
Approval and Promulgation of Implementation Plans; Texas;
Reasonably Available Control Technology for Major Stationary Sources of
Nitrogen Oxides in the Houston/Galveston, Beaumont/Port Arthur, and
Dallas/Fort Worth Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking direct final action on revisions to the
Texas State Implementation Plan (SIP). This rulemaking covers three
separate actions: Converting EPA's conditional approval of the Texas
Nitrogen Oxides (NOX) rules for the Houston/Galveston (H/GA)
and Beaumont/Port Arthur (B/PA) ozone nonattainment areas to a full
approval as Reasonably Available Control Technology (RACT); approving
as RACT, revisions to the NOX rules for lean burn,
stationary, reciprocating internal combustion engines in the B/PA, H/
GA, and Dallas/Fort Worth (D/FW) ozone nonattainment areas; and
approving revisions to the NOX rules for major stationary
sources in the D/FW ozone nonattainment area, as meeting RACT.
The EPA is approving these SIP revisions to regulate emissions of
NOX as meeting the NOX RACT requirements of the
Federal Clean Air Act (the Act).
DATES: This rule is effective on October 31, 2000 without further
notice, unless EPA receives adverse comment by October 2, 2000. 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: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Copies of documents relevant to this action
[[Page 53173]]
including the Technical Support Document (TSD) are available for public
inspection during normal business hours at the following locations.
Anyone 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, Air Planning Section
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
Texas Natural Resource Conservation Commission, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, P.E., Air Planning
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214)665-6691.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. What action are we taking?
2. What action are we not taking in this rulemaking?
3. Why are we converting our conditional approval of the Texas
NOX rule to full approval?
4. What are the lean burn engine rule requirements?
5. What kind of major source categories in the DFW area will the
November 15, 1999, and the March 15, 1999, SIP revisions affect?
6. Are Texas' revised NOX emissions specifications in the
Texas NOX rule consistent with the Federal guidelines?
7. What are Nitrogen Oxides?
8. What is a nonattainment area?
9. What is Reasonably Available Control Technology?
10. What are Alternative Control Techniques (ACTs)?
11. What are the Clean Air Act's RACT requirements for
NOX emissions?
12. What are definitions of major sources for NOX?
13. What is a State Implementation Plan?
14. What is the Federal approval process for a SIP?
15. What does Federal approval of a SIP mean to me?
16. What areas in Texas will this action affect?
Throughout this document ``we,'' ``us,'' and ``our'' means EPA.
1. What Action Are We Taking?
On November 15, 1999, the Governor of Texas submitted rule
revisions to the 30 TAC, Chapter 117, ``Control of Air Pollution From
Nitrogen Compounds,'' as a revision to the SIP for certain source
categories operating in certain ozone nonattainment areas. On March 3,
2000, 65 FR 11468, EPA had conditionally approved the Texas
NOX rule Chapter 117 as it existed in 1998, as a revision to
the Texas SIP as meeting the RACT requirements for the H/GA and B/PA
ozone nonattainment areas for the certain source categories. We based
our conditional approval on a written commitment received from the
TNRCC. In a July 19, 1999, letter, Texas committed that they would
address our concerns about the potential for ``paper credits'' by
November 15, 1999. On November 15, 1999, Texas submitted to us another
SIP revision meeting their commitment. The November 15, 1999, revision
addresses our concerns about the potential for ``paper credits.'' For
detailed information on our concern, see section 3 of this document.
In this action, we are fully approving the Texas NOX
rules, as they existed in 1998, as RACT in the H/GA and B/PA ozone
nonattainment areas for the following source categories: Utility
boilers, steam generators, auxiliary steam boilers, and gas turbines
used to generate electricity in H/GA and B/PA areas; commercial,
institutional, or industrial boiler (non-utility boiler) and process
heaters with a maximum rated capacity of 40 million British thermal
units (Btu) per hour or greater, stationary gas turbines with a
megawatt (mW) rating of 1.0 mW or higher; stationery rich burn internal
combustion engines of 150 horsepower (hp) or greater in the H/GA area,
and stationary internal combustion engines of 300 hp or greater in the
B/PA area; and nitric acid manufacturing and adipic acid manufacturing
plants.
The November 15, 1999, SIP submittal also included provisions to
regulate NOX emissions from lean burn, stationary,
reciprocating internal combustion engines operating in the B/PA, H/GA,
or D/FW ozone nonattainment areas. We are approving these revisions to
section 117.205, concerning control of NOX emissions from
lean burn engines, as meeting RACT in the B/PA, H/GA, and D/FW ozone
nonattainment areas.
For more information on the SIP revision and EPA's RACT evaluation,
please refer to our TSD dated January 2000.
On March 15, 1999, the Governor of Texas submitted rule revisions
to the Chapter 117, ``Control of Air Pollution From Nitrogen
Compounds,'' as a revision to the SIP for the D/FW ozone nonattainment
area adding controls for the same source categories listed above for
the H/GA and B/PA areas, but for nitric acid manufacturing and adipic
acid manufacturing plants. We are approving revisions to the Texas SIP
concerning control of NOX emissions in the D/FW area, as
meeting RACT for the source categories listed in section 5.
In addition, when we conditionally approved the Texas
NOX rules on March 3, 2000, we inadvertently forgot to
codify sections 117.305, 117.405, and 117.455 concerning Emissions
Specifications; and section 117.419 concerning Notification,
Recordkeeping, and Reporting Requirements. Today, we are converting our
conditional approval of the Texas NOX rules to a full
approval. We are also codifying all of the Texas NOX rules,
as they existed in 1998, revised in 1999 by Texas, and approved by us,
in this document.
2. What Action Are We Not Taking in This Rulemaking?
We are not acting on the D/FW ozone attainment plan in this
particular action or on any other ozone nonattainment area plan.
3. Why Are We Converting Our Conditional Approval of the Texas
NOX Rule to a Full Approval?
The definition of actual daily heat input in 117.570(b)(2),
previously allowed for adding one standard deviation to a source's
baseline heat input or emission rate to establish the baseline for
generating emission credits. Adding one standard deviation to the
baseline in the equation stated in 117.570(b)(2) could generate ``paper
credits.'' We understood from Texas that this allowance was an
inadvertent oversight and they committed in a July 19, 1999, letter to
change the rule and submit it as a SIP revision to our office by
November 15, 1999. We conditionally approved the rule based on their
commitment. Texas has adequately addressed our concern about potential
generation of ``paper credits'' in its November 15, 1999, submission.
Therefore, we are converting our prior conditional approval of the
Texas NOX rule to a full approval.
4. What Are the Lean Burn Engine Rule Requirements?
The State added a new source category to its NOX rules--
stationary lean burn, reciprocating internal combustion engines. The
November 15, 1999, SIP revision sets NOX and Carbon Monoxide
(CO)emission specifications, in grams per horse power hour (g/hp-hr),
for stationary lean burn, reciprocating internal combustion engines of
150 hp or greater in the H/GA ozone nonattainment area, and stationary
lean burn, reciprocating internal combustion engines of 300 hp or
greater in the B/PA and D/FW ozone nonattainment areas. See sections
117.205(d) and (e) of this rule. The following table contains a summary
of the lean burn engine rule requirements for these sources in the H/
GA, B/PA, and D/FW nonattainment areas.
[[Page 53174]]
Table I.--Summary of the Texas Lean Burn Engine Rule for Sources in the H/GA, B/PA, and D/FW Non-attainment
Areas
----------------------------------------------------------------------------------------------------------------
Source NOX limit Additional information
----------------------------------------------------------------------------------------------------------------
Reciprocating Internal Combustion Engines.. 3.0 gram/hp-hr..................... Natural gas, lean burn,
stationary, capacity 150 hp in H/G, capacity
300 hp in B/PA or
D/FW. Also includes a 3.0
gram/hp-hr limit for CO.
----------------------------------------------------------------------------------------------------------------
This level of control represents RACT for lean burn engines. We are
approving the CO requirements as a strengthening of the Texas SIP under
section 110 of the Act. For a comparison of this lean burn emission
specification with the lean burn engine emission specifications from
some of the other states, please refer to pages 9 and 10 of our TSD
dated January 2000.
5. What Kind of Major Source Categories in the DFW Area Will the
November 15, 1999, and the March 15, 1999, SIP Revisions Affect?
These revisions will affect NOX emissions from the
following source categories: (1) Utility boilers, steam generators,
auxiliary steam boilers, and gas turbines used to generate electricity
in the D/FW ozone nonattainment area. See section 117.101 of this rule;
(2) commercial, institutional, or industrial boilers (non-utility
boiler) and process heaters in the D/FW ozone nonattainment area with a
maximum rated capacity of 40 million British thermal units (Btu) per
hour or greater, and stationary gas turbines in the D/FW area with a
megawatt rating of 1.0 mW or higher; (3) stationary rich burn,
reciprocating internal combustion engines of 300 hp or greater in the
D/FW ozone nonattainment area. See section 117.205(d) of this rule; and
(4) stationary lean burn, reciprocating internal combustion engines of
300 hp or greater in the D/FW ozone nonattainment area. See section
117.205(e) of this rule.
There are no existing nitric acid manufacturing and adipic acid
manufacturing plants in the D/FW ozone nonattainment area. See the
approved Emissions Inventory for the D/FW area.
6. Are Texas' Revised NOX Emissions Specifications in
the Texas NOX Rule Consistent With Federal Guidelines?
The revised emission specifications in the Texas NOX
rule are consistent with Federal guidelines. The following table
contains a summary of the type of affected sources, their corresponding
emission limit, and relevant applicability information for these
sources in the H/GA, B/PA, and D/FW nonattainment areas.
Table II.--Summary of the Texas NOX RACT Rule for Sources in the H/G, B/PA, and D/FW Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Source NOX limit Additional information
----------------------------------------------------------------------------------------------------------------
Utility Boilers............................ 0.26 lb/MMBtu...................... Natural gas or a combination
of natural gas and waste oil,
24-hour rolling average.
Utility Boilers............................ 0.20 lb/MMBtu...................... Natural gas or a combination
of natural gas and waste oil,
30-day rolling average.
Utility Boilers............................ 0.38 lb/MMBtu...................... Coal, tangentially-fired, 24-
hour rolling average.
Utility Boilers............................ 0.43 lb/MMBtu...................... Coal, wall-fired, 24-hour
rolling average.
Utility Boilers............................ 0.30 lb/MMBtu...................... Fuel oil only, 24-hour rolling
average.
Utility Boilers............................ [a(0.26) + b(0.30)]/(a + b)........ Oil and gas mixture, 24-hour
rolling average, where:
a = percent natural gas heat
input
b = percent fuel oil heat
input.
Stationary Gas Turbines.................... 42 parts per million volume dry @ 15% O2, natural gas, 30 Mega Watt (mW) annual
electric output 2500 hour x mW rating.
Stationary Gas Turbines.................... 65 parts per million volume dry @ 15% O2, fuel oil.
(ppmvd).
Stationary Gas Turbines.................... 0.20 lb/MMBtu...................... Natural gas, peaking units,
annual electric output 2500
hour x mW rating.
Stationary Gas Turbines.................... 0.30 lb/MMBtu...................... Fuel oil, peaking units,
annual electric output 2500
hour x mW rating.
Non-utility Boilers........................ 0.10 lb/MMBtu...................... Natural gas, low heat release
and T 200 deg.F, capacity
100 MMBtu/hr.
Non-utility Boilers........................ 0.15 lb/MMBtu...................... Natural gas, low heat release,
preheated air 200 T 400 deg.F, capacity
100 MMBtu/hr.
Non-utility Boilers........................ 0.20 lb/MMBtu...................... Natural gas, low heat release,
preheated air T
400 deg.F, capacity 100 MMBtu/hr.
Non-utility Boilers........................ 0.20 lb/MMBtu...................... Natural gas, high heat
release, without air or
preheated air T 250 deg.F,
capacity 100
MMBtu/hr.
Non-utility Boilers........................ 0.24 lb/MMBtu...................... Natural gas, high heat
release, preheated air 250
T 500 deg.F,
capacity 100
MMBtu/hr.
Non-utility Boilers........................ 0.28 lb/MMBtu...................... Natural gas, high heat
release, preheated air T 500 deg.F, capacity
100 MMBtu/hr.
Process Heaters............................ 0.10 lb/MMBtu...................... Natural gas, preheated air T,
200 deg.F, capacity 100 MMBtu/hr.
Process Heaters............................ 0.13 lb/MMBtu...................... Natural gas, preheated air 200
T 400 deg.F,
capacity 100
MMBtu/hr.
Process Heaters............................ 0.18 lb/MMBtu...................... Natural gas, low heat release,
preheated air T
400 deg.F, capacity 100 MMBtu/hr.
Process Heaters............................ 0.10 lb/MMBtu...................... Natural gas, firebox T 1400
deg.F, capacity
100 MMBtu/hr.
Process Heaters............................ 0.125 lb/MMBtu..................... Natural gas, firebox 1400 T 1800 deg.F,
capacity 100
MMBtu/hr.
Process Heaters............................ 0.15 lb/MMBtu...................... Natural gas, firebox T 1800 deg.F, capacity 100 MMBtu/hr.
Process Heaters and Non-utility Boilers.... 0.30 lb/MMBtu...................... Liquid fuel, capacity 100 MMBtu/hr.
Process Heaters and Non-utility Boilers.... 0.30 lb/MMBtu...................... Wood fuel, capacity 100 MMBtu/hr.
Stationary Gas Turbines.................... 42 parts per million volume dry @ 15% O2, rating
(ppmvd) basis. 10 mW.
Reciprocating Internal Combustion Engines.. 2.0 gram/hp-hr..................... Natural gas, rich burn,
stationary, capacity 150 hp in H/GA, capacity
300 hp in B/PA.
[[Page 53175]]
Absorbers of Adipic Acid Production Units.. 2.5 lb/ton of acid produced........ 24-hr rolling average.
Absorbers of Nitric Acid Production Units.. 2.0 lb/ton of acid produced........ 24-hr rolling average.
Reciprocating Internal Combustion Engines.. 3.0 gram/hp-hr..................... Natural gas, lean burn,
stationary, capacity 150 hp in H/GA, capacity
300 hp in B/PA or
D/FW. Also includes a 3.0
gram/hp-hr limit for CO.
----------------------------------------------------------------------------------------------------------------
7. What Are Nitrogen Oxides?
Nitrogen oxides belong to the group of criteria air pollutants. The
NOX are produced from burning fuels, including gasoline and
coal. Nitrogen oxides react with volatile organic compounds (VOC) to
form ozone or smog, and are also major components of acid rain.
8. What Is a Nonattainment Area?
A nonattainment area is a geographic area in which the level of a
criteria air pollutant is higher than the level allowed by Federal
standards. A single geographic area may have acceptable levels of one
criteria air pollutant but unacceptable levels of one or more other
criteria air pollutants; thus, a geographic area can be attainment for
one criteria pollutant and nonattainment for another criteria pollutant
at the same time.
9. What Is Reasonably Available Control Technology?
Reasonably Available Control Technology is defined as the lowest
emission limitation that a particular source can meet by applying a
control technique that is reasonably available considering
technological and economic feasibility. See 44 FR 53761, September 17,
1979. This requirement is established by sections 182(b)(2) and 182(f)
of the Act. These sections, taken together, establish the requirements
for Texas to submit a NOX RACT regulation for all major
stationary sources of NOX in ozone nonattainment areas
classified as moderate and above. A State may choose to develop its own
RACT requirements on a case by case basis, considering the economic and
technical circumstances of an individual source.
10. What Are Alternative Control Techniques (ACTs)?
Section 183(c) of the Act provides that we will issue technical
documents which identify alternative controls for stationary sources of
oxides of nitrogen which emit, when uncontrolled, 25 tons per year
(tpy) or more of this pollutant. These ACT documents are to be
subsequently revised and updated by us. The information in the ACT
documents is generated from EPA papers, literature sources and
contacts, control equipment vendors, engineering firms, and Federal,
State, and local regulatory agencies. States can use information in the
ACT to develop their RACT regulations. The following table contains a
list of ACT documents for various source categories of NOX
with their corresponding EPA publication numbers.
Table III.--ACT Documents for Source Categories of NOX and Their EPA
Publication Numbers
------------------------------------------------------------------------
Source category EPA publication number
------------------------------------------------------------------------
Nitric/adipic Acid Plants................. EPA-450/3-91-026
Gas Turbines.............................. EPA-453/R-93-007
Process Heaters........................... EPA-453/R-93-034
Internal Combustion Engines............... EPA-453/R-93-032
Cement Plants............................. EPA-453/R-94-004
Non-utility Boilers....................... EPA-453/R-94-022
Utility Boilers........................... EPA-453/R-94-023
Glass Manufacturing....................... EPA-453/R-94-037
Iron and Steel Manufacturing.............. EPA-453/R-94-065
------------------------------------------------------------------------
11. What Are the Clean Air Act's RACT Requirements for
NOX Emissions?
Section 182(b)(2) requires States, with areas classified as
moderate ozone nonattainment, to implement RACT with respect to all
major sources of VOCs. Section 182(f) states that, ``The plan
provisions required under this subpart for major stationary sources of
VOCs shall also apply to major stationary sources (as defined in
section 302 and subsections (c), (d), and (e) of the section) of oxides
of nitrogen.'' This NOX RACT requirement also applies to all
major sources in ozone nonattainment areas with higher than moderate
nonattainment classifications.
On November 25, 1992 (57 FR 55620), we published a document of
proposed rulemaking entitled ``State Implementation Plans; Nitrogen
Oxides Supplement to the General Preamble; Clean Air Act Amendments of
1990 Implementation of Title I; Proposed Rule,'' (the NOX
Supplement). The NOX Supplement describes and provides
preliminary guidance on the requirements of section 182(f) of the Act.
You should refer to the NOX supplement for further
information on the NOX requirements. The EPA's mandatory
Economic Incentive Program (EIP) rules for criteria pollutants appear
in 40 CFR part 51, subpart U (59 FR 16710). The EPA's discretionary EIP
guidance concerning emission trading appear in the 1994 EIP guidance
document (59 FR 16690). In addition, other EPA guidance memoranda, such
as those included in the ``NOX Policy Document for the Clean
Air Act of 1990,'' (EPA-452/R96-005, March 1996), could provide you
with more information about NOX requirements.
Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC (and NOX) emissions not covered by
either a pre or post-enactment control techniques guideline (CTG)
document. There were no NOX CTGs issued before enactment and
we have not issued a CTG document for any NOX sources since
enactment of the Act. However, we published ACT documents for several
industrial categories. See section 10 of this document. States can use
the information contained in the ACTs to develop their RACT rules. The
Texas NOX rules as of 1998 required final installation of
the actual NOX controls as expeditiously as practicable, but
no later than November 15, 1999, in the H/GA and B/PA ozone
nonattainment areas. On November 21, 1994, we conditionally granted an
exemption to the D/FW ozone nonattainment area from NOX
controls under section 182(f). The D/FW area failed to reach attainment
by November 15, 1999, and modeling results indicated that
NOX controls would help the area attain the ozone NAAQS. On
April 20, 1999, we rescinded our conditional NOX waiver,
under section 182(f), for the D/FW area. See 64 FR 19283. The
compliance deadline with the NOX RACT requirements for
affected sources in the D/FW area is as soon as practicable, but no
later than February 15, 2001. EPA generally views two years as an
acceptable time frame to implement RACT requirements. The
[[Page 53176]]
Texas deadline is less than two years. We are of the opinion that the
compliance date of February 15, 2001, is practicable compared with the
attainment demonstration dates of severe ozone nonattainment areas in
the country. We will closely examine and question any attempts to
extend the compliance dates beyond the February 15, 2001, date for such
NOX sources in the D/FW area in future.
12. What Are Definitions of Major Sources for NOX?
Section 302 of the Act generally defines ``major stationary
source'' as a facility or source of air pollution which emits, when
uncontrolled, 100 tpy or more of air pollution. This general definition
applies unless another specific provision of the Act explicitly defines
major source differently. Therefore, for NOX, a major source
is one which emits, when uncontrolled, 100 tpy or more of
NOX in marginal and moderate areas. According to section
182(c) of the Act, a major source in a serious nonattainment area is a
source that emits, when uncontrolled, 50 tpy or more of NOX.
According to section 182(d) of the Act, a major source in a severe
nonattainment area is a source that emits, when uncontrolled, 25 tpy or
more of NOX.
The H/GA area is a severe ozone nonattainment area, so the major
source size for the H/GA area is 25 tpy or more, when uncontrolled. The
B/PA area is a moderate ozone nonattainment area, so the major source
size for the B/PA area is 100 tpy or more, when uncontrolled. The D/FW
area is a serious ozone nonattainment area, so the major source size
for the D/FW area is 50 tpy or more, when uncontrolled.
13. What Is a State Implementation Plan?
Section 110 of the Act requires States to develop air pollution
regulations and control strategies to ensure that State air quality
meets the NAAQS that EPA has established. Under section 109 of the Act,
EPA established the NAAQS to protect public health. The NAAQS address
six criteria pollutants. These criteria pollutants are: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide.
Each State must submit these regulations and control strategies to
us for approval and incorporation into the federally enforceable SIP.
Each State has a SIP designed to protect air quality. These SIPs can be
extensive, containing State regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
14. What Is the Federal Approval Process for a SIP?
When a State wants to incorporate its regulations into the
federally enforceable SIP, the State must formally adopt the
regulations and control strategies consistent with State and Federal
requirements. This process includes a public notice, a public hearing,
a public comment period, and a formal adoption by a state-authorized
rulemaking body.
Once a State adopts a rule, regulation, or control strategy, the
State may submit the adopted provisions to us and request that we
include these provisions in the federally enforceable SIP. We must then
decide on an appropriate Federal action, provide public notice on this
action, and seek additional public comment regarding this action. If we
receive adverse comments, we must address them prior to a final action.
Under section 110 of the Act, when we approve all State regulations
and supporting information, those State regulations and supporting
information become a part of the federally approved SIP. You can find
records of these SIP actions in the Code of Federal Regulations (CFR)
at Title 40, part 52, entitled ``Approval and Promulgation of
Implementation Plans.'' The actual State regulations that we approved
are not reproduced in their entirety in the CFR but are ``incorporated
by reference,'' which means that we have approved a given State
regulation with a specific effective date.
15. What Does Federal Approval of a SIP Mean to Me?
A State may enforce State regulations before and after we
incorporate those regulations into a federally approved SIP. After we
incorporate those regulations into a federally approved SIP, both EPA
and the public may also take enforcement action against violators of
these regulations.
16. What Areas in Texas Will This Action Affect?
The rule revisions we are approving today affect the B/PA, H/GA,
and D/FW ozone nonattainment areas. We have classified the B/PA area as
a moderate ozone nonattainment area, and includes the following
counties: Hardin, Jefferson, and Orange. We have classified the H/GA
area as a severe ozone nonattainment area, and includes the following
counties: Brazoria, Chambers, Fort Bend, Harris, Galveston, Liberty,
Montgomery, and Waller. We have classified the D/FW area as a serious
ozone nonattainment area, and includes the following counties: Collin,
Dallas, Denton, and Tarrant. If you are in one of these counties, you
should refer to the Texas NOX rules to determine if and how
today's action will affect you.
Final Action
The 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 today's 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 October 31, 2000 without
further notice unless we receive adverse comment by October 2, 2000. If
EPA receives 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
at this time.
Administrative Requirements
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. This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the 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). For the same reason,
this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will 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
[[Page 53177]]
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it 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 Act.
This rule also is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the 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 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. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
rule, EPA has taken the necessary steps to eliminate drafting errors
and ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. 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. 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. The 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. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective October 31, 2000.
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 31, 2000. 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) of the Act.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon Monoxide,
Hydrocarbons, Nitrogen dioxide, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements.
Dated August 11, 2000.
Myron O. Knudson,
Acting Regional Administrator, Region 6.
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 et seq.
Subpart SS--Texas
2. In Sec. 52.2270 the entry for Chapter 117 in the table in
paragraph (c) is revised to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State submittal/approval
State citation Title/subject date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 117 (Reg 7)--Control of Air Pollution From Nitrogen Compounds--Subchapter A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.10................... Definitions................ 10/27/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter B--Division 1--Utility Electric Generation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.101.................. Applicability.............. 02/24/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.103.................. Exemptions................. 02/24/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.105.................. Emission Specifications.... 02/24/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.107.................. Alternative System-Wide 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Emission Specifications. and Federal Register cite]. GA, BPA, and D/FW areas.
Section 117.109.................. Initial Control Plan 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Procedures. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.111.................. Initial Demonstration of 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.113.................. Continuous Demonstration of 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.115.................. Final Control Plan 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Procedures. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.117.................. Revision of Final Control 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Plan. and Federal Register cite]. GA, B/PA, and D/FW areas.
[[Page 53178]]
Section 117.119.................. Notification, 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Recordkeeping, and and Federal Register cite]. GA, B/PA, and D/FW areas.
Reporting Requirements.
Section 117.121.................. Alternative Case Specific 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Specifications. and Federal Register cite]. GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 2--Commercial, Institutional, and Industrial Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.201.................. Applicability.............. 05/11/1993.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.203.................. Exemptions................. 02/24/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.205.................. Emission Specifications.... 10/27/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.207.................. Alternative Plant-Wide 10/27/1999.................. [Insert publication date Approved as RACT for the H/
Emission Specifications. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.208.................. Operating Requirements..... 10/27/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.209.................. Initial Control Plan 10/27/1999.................. [Insert publication date Approved as RACT for the H/
Procedures. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.211.................. Initial Demonstration of 10/27/1999.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.213.................. Continuous Demonstration of 10/27/1999.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.215.................. Final Control Plan 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Procedures. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.217.................. Revision of Final Control 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Plan. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.219.................. Notification, 10/27/1999.................. [Insert publication date Approved as RACT for the H/
Recordkeeping, and and Federal Register cite]. GA, B/PA, and D/FW areas.
Reporting Requirements.
Section 117.221.................. Alternative Case Specific 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Specifications. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.223.................. Source Cap................. 10/27/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter C--Division 1--ADIPIC Acid Manufacturing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.301.................. Applicability.............. 05/11/1993.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.305.................. Emission Specifications.... 02/24/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA. No major source in
this category for the D/FW
area.
Section 117.309.................. Control Plan Procedures.... 05/11/1993.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.311.................. Initial Demonstration of 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.313.................. Continuos Demonstration of 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.319.................. Notification, 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Recordkeeping, and and Federal Register cite]. GA, B/PA, 65 FR 11468. No
Reporting Requirements. major source in this
category for the D/FW area.
Section 117.321.................. Alternative Case Specific 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Specifications. and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53179]]
Division 2--Nitric Acid Manufacturing, Ozone Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.401.................. Applicability.............. 05/11/1993.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.405.................. Emission Specifications.... 05/11/1993.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA. No major source in
this category for the D/FW
area.
Section 117.409.................. Control Plan Procedures.... 05/20/1998.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.411.................. Initial demonstration of 05/25/1994.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.413.................. Continuous Demonstration of 05/25/1994.................. [Insert publication date Approved as RACT for the H/
Compliance. and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.419.................. Notification, 05/25/1994.................. [Insert publication date Approved as RACT for the H/
Recordkeeping, and and Federal Register cite]. GA, B/PA. No major source in
Reporting Requirements. this category for the D/FW
area.
Section 117.421.................. Alternative Case Specific 05/25/1994.................. [Insert publication date Approved as RACT for the H/
Specifications. and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Division 3--Nitric Acid Manufacturing, General
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.451.................. Applicability.............. 05/20/1998.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, 65 FR 11468. No
major source in this
category for the D/FW area.
Section 117.455.................. Emission Specifications.... 05/20/1998.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA. No major source in
this category for the D/FW
area.
Section 117.458.................. Applicability of Federal 05/11/1993.................. [Insert publication date Approved as RACT for the H/
New Source Performance and Federal Register cite]. GA, B/PA, 65 FR 11468. No
Standards. major source in this
category for the D/FW area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter D--Administrative Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.510.................. Compliance Schedule for 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Utility Electric and Federal Register cite]. GA, B/PA, and D/FW areas.
Generation.
Section 117.520.................. Compliance Schedule for 10/27/1999.................. [Insert publication date Approved as RACT for the H/
Commercial, Institutional, and Federal Register cite]. GA, B/PA, and D/FW areas.
and Industrial Combustion
Sources.
Section 117.530.................. Compliance Schedule for 05/20/1998.................. [Insert publication date Approved as RACT for the H/
Nitric Acid and Adipic and Federal Register cite]. GA, B/PA. No major source in
Acid Manufacturing Sources. this category for the D/FW
area.
Section 117.540.................. Phased Reasonably Available 02/24/1999.................. [Insert publication date Approved as RACT for the H/
Control Technology. and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.560.................. Recission.................. 05/25/1994.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
Section 117.570.................. Trading.................... 10/27/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter E--Gas-Fired Steam Generation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.601.................. Gas-Fired Steam Generation. 02/24/1999.................. [Insert publication date Approved as RACT for the H/
and Federal Register cite]. GA, B/PA, and D/FW areas.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53180]]
[FR Doc. 00-22056 Filed 8-31-00; 8:45 am]
BILLING CODE 6560-50-P
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