Approval and Promulgation of Implementation Plans; Texas; Water
Heaters, Small Boilers, and Process Heaters; Agreed Orders; Major
Stationary Sources of Nitrogen Oxides in the Beaumont/Port Arthur Ozone
Nonattainment Area
[Federal Register: October 26, 2000 (Volume 65, Number 208)]
[Rules and Regulations]
[Page 64148-64156]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc00-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-119-1-7448a; FRL-6886-1]
Approval and Promulgation of Implementation Plans; Texas; Water
Heaters, Small Boilers, and Process Heaters; Agreed Orders; Major
Stationary Sources of Nitrogen Oxides in the Beaumont/Port Arthur Ozone
Nonattainment Area
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 four
separate actions. First, we are approving revisions to the Nitrogen
Oxides ( NOX) SIP to add a rule for water heaters, small
boilers, and process heaters sold and installed in Texas (the Texas
Water Heater Rule). This rule will contribute to attainment of the 1-
hour ozone standard in the Beaumont/Port Arthur (B/PA), Houston/
Galveston (H/GA), and Dallas/Fort Worth (D/FW) nonattainment areas and
will contribute to continued maintenance of the standard in the rest of
the State of Texas. Second, we are approving revisions to the Texas
NOX SIP for certain major stationary point source categories
in the B/PA ozone nonattainment area. These new limits for certain
stationary point sources will contribute to attainment of the 1-hour
ozone standard in the B/PA area. Third, we are approving revisions to
the existing approved Texas NOX Reasonably Available Control
Technology (RACT) SIP because the changes are administrative in nature.
Fourth, we are approving two Agreed Orders between the State of Texas
and two companies in Northeast Texas. These Orders will contribute to
attainment of the 1-hour ozone standard in the B/PA, H/GA, and D/FW
nonattainment areas and will contribute to continued maintenance of the
standard in the eastern half of the State of Texas.
The EPA is approving these SIP revisions to regulate emissions of
NOX as meeting the requirements of the Federal Clean Air Act
(the Act).
DATES: This rule is effective on December 26, 2000, without further
notice, unless EPA receives adverse comment by November 27, 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
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.
Table of Contents
1. What action are we taking?
2. What are the April 30, 2000, SIP revision requirements for the
``Texas Water Heater Rule?'
3. What source categories will the April 30, 2000, SIP revision for
the B/PA area affect?
4. What are the existing NOX emissions specifications in
the Texas NOX RACT SIP?
5. What are the NOX emissions specifications of the April
30, 2000, SIP revision for the B/PA area?
6. What are nitrogen oxides?
7. What is a nonattainment area?
8. What are the Clean Air Act's requirements for controlling
NOX emissions?
9. What are definitions of major sources for NOX?
10. What is a State Implementation Plan?
11. What is the Federal approval process for a SIP?
12. What does Federal approval of a SIP mean to me?
13. What areas in Texas will this action affect?
14. What does the Agreed Order between the TNRCC and Aloca, Inc.,
require?
15. What does the Agreed Order between the TNRCC and Eastman
Chemical Company, Texas Operations require?
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA. Please note that if we receive adverse comment(s) on
an amendment, paragraph, or section of this rule and if that provision
is independent of the remainder of the rule, we may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
1. What Action Are We Taking?
The EPA previously approved the Texas NOX rules at 30
TAC, Chapter 117, ``Control of Air Pollution From Nitrogen Compounds''
as the Texas NOX RACT SIP for the H/GA, D/FW, and B/PA 1-
hour ozone nonattainment areas on September 1, 2000 (65 FR 53172). On
April 30, 2000, 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 Texas NOX SIP for certain
major stationary point source categories operating in the B/PA ozone
nonattainment area. Texas submitted this SIP revision to us as a part
of the additional local NOX reductions needed for the B/PA
area to attain the 1-hour ozone standard. These new rules set revised
emission specifications in the B/PA area for electric utility boilers,
industrial, commercial or institutional boilers, and certain process
heaters. On April 30, 2000, the Governor of Texas also submitted rule
revisions to the 30 TAC, Chapter 117, ``Control of Air Pollution From
Nitrogen Compounds,'' as a revision to the Texas NOX SIP
adding controls for another source category--water heaters, small
boilers, and process heaters sold and installed in Texas. Texas
submitted this SIP revision to us as a part of the NOX
reductions needed for the H/GA, D/FW, and B/PA 1-hour ozone
nonattainment areas to demonstrate attainment, to strengthen the
existing Texas SIP, and to show continued maintenance of the standard
in the rest of the State of Texas. On April 30, 2000, the Governor of
Texas also submitted rule revisions to the 30 TAC, Chapter 117,
``Control of Air Pollution From Nitrogen Compounds,'' as a revision to
the Texas NOX RACT SIP that were purely administrative
changes without any substantive effects.
On April 30, 2000, the Governor of Texas submitted to us two Agreed
Orders entered into between the State and two companies in the eastern
half of Texas. Texas submitted this SIP revision to us as a part of the
additional emission reductions needed for the H/GA, D/FW, and B/PA 1-
hour ozone nonattainment areas to demonstrate attainment, to strengthen
the existing Texas SIP, and to show continued maintenance of the
standard in the eastern half of the State of Texas.
In this rulemaking we are taking four separate actions. First,
under part D of the Act, we are specifically approving a
[[Page 64149]]
new part to the Texas NOX SIP that goes beyond the approved
Texas NOX RACT SIP for the B/PA area. The new part is (1)
the addition of new sections 117.104 concerning Gas-Fired Steam
Generation, 117.106 concerning Emission Specifications for Attainment
Demonstrations, 117.108 concerning System Cap, 117.116 concerning Final
Control Plan Procedures for Attainment Demonstration Emission
Specifications, 117.206 concerning Emission Specifications for
Attainment Demonstrations, and 117.216 concerning Final Control Plan
Procedures for Attainment Demonstration Emission Specifications as they
relate to the B/PA ozone nonattainment area; and (2) the repeal of
sections 117.109 and 117.601 as they relate to the B/PA ozone
nonattainment area. We are approving this new part under part D of the
Act because the State is relying upon these additional NOX
reductions to demonstrate attainment of the 1-hour ozone standard in
the B/PA area. Secondly, we are approving another new part to the Texas
NOX SIP, the addition of new sections 117.460 concerning
Definitions, 117.461 concerning Applicability, 117.463 concerning
Exemptions, 117.465 concerning Emission Specifications, 117.467
concerning Certification Requirements, and 117.469 concerning
Notification and Labeling Requirements. In this document we will refer
to the new sections 117.460-117.469 as the ``Texas Water Heater Rule.''
We are approving the ``Texas Water Heater Rule'' as a part of the Texas
NOX SIP under part D of the Act because the State is relying
upon this rule to demonstrate attainment for the H/GA, D/FW, and B/PA
areas, and we are approving the rule under sections 110 and 116 of the
Act because the State is relying upon the reductions to show continued
maintenance of the standard in the rest of the State of Texas and as a
strengthening of the existing Texas SIP. Third, we are specifically
approving the administrative revisions to sections 117.101-117.121,
117.201-117.223, 117.510, 117.520, and 117.570. We are approving these
administrative, non-substantive revisions to the existing approved
Texas NOX RACT SIP because they make no substantive changes
to the approved RACT rules, and they add headings to distinguish
between the RACT rules for the nonattainment areas and the rules relied
upon by the State for attainment demonstration purposes. Fourth, we are
approving two Agreed Orders between the TNRCC and Alcoa, Inc., and the
TNRCC and Eastman Chemical Company, Texas Operations. We are approving
these two Orders under part D of the Act because the State is relying
upon the NOX reductions from these two Orders to demonstrate
attainment of the 1-hour ozone standard in the H/GA, D/FW, and B/PA
areas, and under sections 110 and 116 of the Act because the State is
relying upon the Orders for continued maintenance of the standard in
the eastern half of the State of Texas and as a strengthening of the
existing Texas SIP. For information about these two Agreed Orders, see
sections 16 and 17 of this document.
Texas has other source specific Agreed Orders/ permits that we
inadvertently did not include in the conversion of the previously-
codified Texas SIP to the new Incorporation by Reference format. See 64
FR 36586, published on July 7, 1999. In this document we are not
correcting the new tables to reflect those Texas' source specific
Agreed Orders/ permits we approved and codified under the previous
format. We will correct our tables for those Texas' source specific
Agreed Orders/ permits in a future Federal Register notice.
For more information on the Texas NOX SIP revision and
our evaluation of these rules, please refer to our TSD dated September
2000.
2. What Are the April 30, 2000, SIP Revision Requirements for the
``Texas Water Heater Rule?''
The following two tables contain a summary of the April 30, 2000,
``Texas Water Heater Rule'' requirements for Water Heaters, Small
Boilers, and Process Heaters sold and installed in Texas.
Table 1.--Size Classification for ``Texas Water Heater Rule''
------------------------------------------------------------------------
Maximum rated capacity (Btu/Hr) Type
------------------------------------------------------------------------
Capacity 75,000..................................... 0
400,000 Capacity > 75,000........................... 1
2,000,000 Capacity > 400,000........................ 2
------------------------------------------------------------------------
Table II.--Types, Dates and NOX Emission Specifications for the ``Texas Water Heater Rule''
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Type Date NOx emission specification Explanation
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0 Manufactured on or after July 1, 40 ng/joule of heat output or 55 No later than December 31, 2004.
2002. ppmv at 3% oxygen dry basis.
0 Manufactured on or after January 10 ng/joule of heat output or 15
1, 2005. ppmv at 3% oxygen dry basis.
1 Manufactured on or after July 1, 40 ng/joule of heat output or 55
2002. ppmv at 3% oxygen dry basis.
2 Manufactured on or after July 1, 30 ppmv at 3% oxygen dry basis or
2002. 0.037 lb/MMBtu/hr of heat input.
----------------------------------------------------------------------------------------------------------------
We are approving the NOX emission specifications of the
``Texas Water Heater Rule'' under part D of the Act because the State
is relying upon them to demonstrate attainment in the B/PA, D/FW, and
H/GA areas. We are also approving them under sections 110 and 116
because they strengthen the Texas SIP, and the State is relying upon
them for continued maintenance of the standard in the rest of the
State. The rules do not mandate use of a specific burner technology,
and they do not require retrofitting of existing natural gas-fired
water heaters, small boilers, and process heaters. For a comparison of
this rule with the water heater rule of another state, please refer to
our TSD dated September 2000.
3. What Source Categories Will the April 30, 2000, SIP Revision for
the B/PA Area Affect?
These revisions will affect NOX emissions from the
following source categories in the B/PA ozone nonattainment area: (1)
Utility boilers, steam generators, auxiliary steam boilers, and gas
turbines used to generate electricity. See section 117.101 of this
rule; and (2) commercial, institutional, or industrial boilers (non-
utility boiler) and process heaters with a maximum rated capacity of 40
million British thermal units (Btu) per hour or greater.
[[Page 64150]]
4. What Are the Existing NOX Emissions Specifications in
the Texas NOX RACT SIP?
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 existing approved Texas
NOX RACT SIP.
Table III.--Summary of the Texas NOX RACT SIP's Rules for Sources in the
H/GA, B/PA, and D/FW Nonattainment Areas
------------------------------------------------------------------------
Additional
Source NOX limit 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) + Oil and gas mixture,
b(0.30)]/(a + b). 24-hour rolling
average, where a =
percent natural gas
heat input; b =
percent fuel oil
heat input.
Stationary Gas Turbines....... 42 parts per @ 15% O2, natural
million volume gas, 30
dry (ppmvd) Mega Watt (mW)
basis. annual electric
output 2500 hour x mW
rating.
Stationary Gas Turbines....... 65 parts per @ 15% O2, fuel oil.
million volume
dry (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........... 0.30 lb/MMBtu.... Liquid fuel, capacity
Non-Utility Boilers........... 100
MMBtu/hr.
Process Heaters and........... 0.30 lb/MMBtu.... Wood fuel, capacity
Non-Utility Boilers........... 100
MMBtu/hr.
Stationary Gas Turbines....... 42 parts per @ 15% O2, rating 10 mW.
dry (ppmvd)
basis.
Reciprocating Internal 2.0 gram/hp-hr... Natural gas, rich
Combustion Engines. burn, stationary,
capacity
150 hp in H/GA,
capacity 300 hp in B/PA.
Absorbers of Adipic Acid...... 2.5 lb/ton of 24-hr rolling
Production Units.............. acid produced. average.
Absorbers of Nitric Acid 2.0 lb/ton of 24-hr rolling
Production Units. acid produced. average.
Reciprocating Internal 3.0 gram/hp-hr... Natural gas, lean
Combustion Engines. 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.
------------------------------------------------------------------------
[[Page 64151]]
5. What Are the NOX Emissions Specifications of the
April 30, 2000, SIP Revision for the Particular Source Categories
in the B/PA Area?
The following table contains a summary of the type of affected
sources, their corresponding emission limit, and relevant applicability
information for the major stationary point source categories that Texas
has developed for attainment demonstration purposes, for the B/PA ozone
nonattainment area.
The NOX emission specifications that Texas has submitted
to us, for attainment demonstration purposes for the B/PA area, are
more stringent than the Texas NOX SIP's RACT emission
specifications in the B/PA area. We are approving these rules under
part D of the Act because the State relies upon them for demonstrating
attainment of the 1-hour ozone standard in the B/PA area.
Table IV.--Summary of the Texas' NOX Emission Specifications for Attainment Demonstration in the B/PA Area
----------------------------------------------------------------------------------------------------------------
Source NOX limit Additional Information
----------------------------------------------------------------------------------------------------------------
Utility Boilers............................ 0.10 lb/MMBtu heat input................... Daily average basis
from any utility
boiler. Unless
provided in sections
117.108 or 117.570.
Includes a 400 ppmv
of CO limit at 3%
oxygen dry basis (or
0.30 lb CO/MMBtu heat
imput as alternate).
Also 10 ppmv of
ammonia limit on a
one-hour averaging
period.
Non-Utility Boilers........................ 0.10 lb/MMBtu heat input................... Natural gas, maximum
rated heat capacity
of 40 MMBtu/Hr or
more. Rolling 30-day
average period or one-
hour average.
Includes a 400 ppmv
of CO limit at 3%
oxygen dry basis.
Also a 5 ppmv of
ammonia limit on a
one-hour averaging
period.
Process Heaters............................ 0.08 lb/MMBtu heat input................... Natural gas, maximum
rated heat capacity
of 40 MMBtu/Hr or
more. Includes a 400
ppmv of CO limit at
3% oxygen dry basis.
Also 5 ppmv of
ammonia limit on a
one-hour averaging
period.
----------------------------------------------------------------------------------------------------------------
We are also approving under section 110 of the Act, the emissions
specifications for Carbon monoxide (CO) and ammonia on the basis that
these emission specifications/ parameters will strengthen the existing
Texas SIP.
6. What Are Nitrogen Oxides?
Nitrogen oxides belong to the group of criteria air pollutants. The
NOX result 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.
7. 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.
8. What Are the Clean Air Act's Requirements for Controlling
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
guidelines 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 Alternative Control
Technique (ACT) documents for several industrial categories. States can
use the information contained in the ACTs to develop their
NOX RACT rules. Furthermore, NOX emissions beyond
RACT may be needed in a nonattainment area in order for that area to
demonstrate attainment. Section 182(c)(2)(A) and section 172(c) require
that the SIP include control measures, means, or techniques, as may be
necessary or appropriate, to provide for attainment of the standard.
Section 181(a)(1) requires that each area attain the ozone standard as
expeditiously as practicable.
9. 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
[[Page 64152]]
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.
10. 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 National Ambient Air Quality Standards (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.
11. 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.
12. 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.
13. What Areas in Texas Will This Action Affect?
The rule revisions concerning major stationary sources that we are
approving today affect the B/PA ozone nonattainment areas. The B/PA
area includes the following counties: Hardin, Jefferson, and Orange. 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. The Texas Water Heater Rule that we are approving today affects
the entire state of Texas. The administrative revisions that we are
approving today should have no substantive effect upon the B/PA, H/GA,
and D/FW ozone nonattainment areas. To find out about the effect of
today's action approving the two Orders, see sections 14 and 15, below.
14. What Does the Agreed Order Between the TNRCC and Aloca, Inc.,
Require?
The former name of Alcoa, Inc., was Aluminum Company of America
(the Company). Alcoa, is a producer of primary aluminum, fabricated
aluminum, and alumina. The Company is near Rockdale, Milam County,
Texas. The TNRCC and the Company have entered into this enforceable
agreement to limit emissions of NOX from this operation
because the State is relying upon these NOX reductions to
demonstrate attainment of the 1-hour ozone standard in the B/PA, D/FW,
and H/GA areas, and for continued maintenance of the standard in the
eastern half of the State and as a strengthening of the existing Texas
SIP.
The Agreed Order number is 2000-0032-SIP and has 21 stipulations.
The TNRCC passed and approved this Agreed Order on April 19, 2000. As a
result of this agreement the Company will have to reduce its
NOX emissions by a factor of 30%, calculated as a reduction
of 5,838.2 tpy. The baseline for this calculated reduction is the
TNRCC's 1997 Emission Inventory. The maximum allowable NOX
emissions from Alcoa under the Order is 13,622.4 tpy. Furthermore, no
later than December 31, 2002, each boiler has a NOX
emissions limit of 1,168.0 pound per hour (lb/hr) and 5,115.8 tpy
(stipulation number 10). We have included the supporting calculations
for this Agreed Order with our TSD dated September 2000.
15. What Does the Agreed Order Between the TNRCC and Eastman
Chemical Company, Texas Operations Require?
The Eastman Chemical Company, Texas Operations (the Company) owns
and operates a chemical and plastics manufacturing plant at Highway
149, Kodak Boulevard, Longview, Harrison County, Texas. The TNRCC and
the Company have entered into this enforceable agreement to limit
emissions of NOX and VOC from this operation because the
State is relying upon these reductions to demonstrate attainment of the
1-hour ozone standard in the H/GA, D/FW, and B/PA areas, and to show
continued maintenance of the standard in the eastern half of the State
and as a strengthening of the existing Texas SIP.
The Agreed Order number is 2000-0033-SIP and has 29 stipulations.
The TNRCC passed and approved this Agreed Order on April 19, 2000. As a
result of this agreement the Company will have to reduce its
NOX emissions by 1671.5 tpy and its VOC emissions by 386
tpy. The baseline for calculating the reductions is the TNRCC's 1997
Emission Inventory. The maximum allowable NOX and VOC
emissions are 5,868 and 3,706 tpy, respectively. We have included the
supporting calculations for this Agreed Order with our TSD dated
September 2000.
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 December 26, 2000, without
further notice unless we receive adverse comment by November 27, 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
[[Page 64153]]
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 (Pub. L. 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 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 Clean
Air 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 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. The rule does not
involve special consideration of environmental justice related issues
as required by Executive Order 12898 (59 FR 7629, February 16, 1994).
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. 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. 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). This rule will be effective December 26, 2000 unless
EPA receives adverse written comments by November 27, 2000.
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 December 26, 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, and Reporting
and recordkeeping requirements.
Dated: October 3, 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 table in paragraph (c) is amended under
Chapter 117 by:
a. Revising that section of the table entitled ``Subchapter B:
Division 1--Utility Electric Generation'';
b. Revising that section of the table entitled ``Division 2--
Commercial, Institutional and Industrial Sources'';
c. Revising the entries for sections 117.510, 117.520, 117.570, and
117.601.
d. Adding entries for new sections 117.460, 117.461, 117.463,
117.465, 117.467, and 117.469.
e. Revising the heading immediately above the entry for section
117.510 to read ``Subchapter E--Administrative Provisions.''
f. Revising the heading immediately above the entry for section
117.601 to read ``Subchapter F--Gas-Fired Steam Generation.''
g. Adding a new heading immediately above the entry for section
117.460 to read ``Subchapter D--Water Heaters, Small Boilers, and
Process Heaters.''
h. Adding a paragraph (d).
The revisions and additions, read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
[[Page 64154]]
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/subject approval EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Chapter 117 (Reg 7)--Control of Air Pollution From Nitrogen Compounds
Subchapter A
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Subchapter B
Division 1--Utility Electric Generation
----------------------------------------------------------------------------------------------------------------
Section 117.101 Applicability........ 04/19/2000 [Insert publication .....................
date and Federal
Register cite].
Section 117.103............... Exemptions........... 04/19/2000 [Insert publication .....................
date and Federal
Register cite].
Section 117.104............... Gas-fired Steam 04/19/2000 [Insert publication New, B/PA attainment
Generation. date and Federal plan.
Register cite].
Section 117.105............... Emission 02/24/1999 [Insert publication (h) and (j) added for
Specifications. 04/19/2000 date and Federal B/PA area.
Register cite].
Section 117.106............... Emission 04/19/2000 [Insert publication New, B/PA attainment
Specifications for date and Federal plan.
Attainment Register cite].
Demonstrations.
Section 117.107............... Alternative System- 04/19/2000 [Insert publication .....................
Wide Emission date and Federal
Specifications. Register cite].
Section 117.108............... System Cap........... 04/19/2000 [Insert publication New, B/PA attainment
date and Federal plan, EPA must
Register cite]. approve decisions
under (j).
Section 117.109............... Initial Control Plan 02/24/1999 [Insert publication Repealed for B/PA
Procedures. 04/19/2000 date and Federal area only.
Register cite].
Section 117.111............... Initial Demonstration 04/19/2000 [Insert publication .....................
of Compliance. date and Federal
Register cite].
Section 117.113............... Continuous 04/19/2000 [Insert publication .....................
Demonstration of date and Federal
Compliance. Register cite].
Section 117.115............... Final Control Plan 04/19/2000 [Insert publication .....................
Procedures. date and Federal
Register cite].
Section 117.116............... Final Control Plan 04/19/2000 [Insert publication New, B/PA attainment
Procedures for date and Federal plan.
Attainment Register cite].
Demonstration
Emission
Specifications.
Section 117.117............... Revision of Final 04/19/2000 [Insert publication .....................
Control Plan. date and Federal
Register cite].
Section 117.119............... Notification, 04/19/2000 [Insert publication .....................
Recordkeeping, and date and Federal
Reporting Register cite].
Requirements.
Section 117.121............... Alternative Case 04/19/2000 [Insert publication .....................
Specific date and Federal
Specifications. Register cite].
----------------------------------------------------------------------------------------------------------------
Division 2--Commercial, Institutional, and Industrial Sources
----------------------------------------------------------------------------------------------------------------
Section 117.201............... Applicability........ 04/19/2000 [Insert publication .....................
date and Federal
Register cite].
Section 117.203............... Exemptions........... 04/19/2000 [Insert publication .....................
date and Federal
Register cite].
Section 117.205............... Emission 04/19/2000 [Insert publication (d)(2) and (e) for B/
Specifications for date and Federal PA or D/FW.
Reasonably Available Register cite].
Control Technology.
Section 117.206............... Emission 04/19/2000 [Insert publication New, B/PA attainment
Specifications for date and Federal plan only.
Attainment Register cite].
Demonstrations.
Section 117.207............... Alternative Plant- 04/19/2000 [Insert publication .....................
Wide Emission date and Federal
Specifications. Register cite].
Section 117.208............... Operating 04/19/2000 [Insert publication .....................
Requirements. date and Federal
Register cite].
Section 117.209............... Initial Control Plan 04/19/2000 [Insert publication .....................
Procedures. date and Federal
Register cite].
Section 117.211............... Initial Demonstration 04/19/2000 [Insert publication .....................
of Compliance. date and Federal
Register cite].
Section 117.213............... Continuous 04/19/2000 [Insert publication .....................
Demonstration of date and Federal
Compliance. Register cite].
Section 117.215............... Final Control Plan 04/19/2000 [Insert publication .....................
Procedures for date and Federal
Reasonably Available Register cite].
Control Technology.
[[Page 64155]]
Section 117.216............... Final Control Plan 04/19/2000 [Insert publication New, B/PA attainment
Procedures for date and Federal plan.
Attainment Register cite].
Demonstration
Emission
Specifications.
Section 117.217............... Revision of Final 04/19/2000 [Insert publication .....................
Control Plan. date and Federal
Register cite].
Section 117.219............... Notification, 04/19/2000 [Insert publication .....................
Recordkeeping, and date and Federal
Reporting Register cite].
Requirements.
Section 117.221............... Alternative Case 04/19/2000 [Insert publication .....................
Specific date and Federal
Specifications. Register cite].
Section 117.223............... Source Cap........... 10/27/1999 [Insert publication (b)(B) requires EPA's
04/19/2000 date and Federal approval.
Register cite].
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Subchapter D
----------------------------------------------------------------------------------------------------------------
Water Heaters, Small Boilers, and Process Heaters
----------------------------------------------------------------------------------------------------------------
Section 117.460............... Definitions.......... 04/19/2000 [Insert publication New, State-wide.
date and Federal
Register cite].
Section 117.461............... Applicability........ 04/19/2000 [Insert publication New, State-wide.
date and Federal
Register cite].
Section 117.463............... Exemptions........... 04/19/2000 [Insert publication New, State-wide.
date and Federal
Register cite].
Section 117.465............... Emission 04/19/2000 [Insert publication New, State-wide.
Specifications. date and Federal
Register cite].
Section 117.467............... Certification 04/19/2000 [Insert publication New, State-wide.
Requirements. date and Federal
Register cite].
Section 117.469............... Notification and 04/19/2000 [Insert publication New, State-wide.
Labeling date and Federal
Requirements. Register cite].
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Subchapter E
----------------------------------------------------------------------------------------------------------------
Administrative Provisions
----------------------------------------------------------------------------------------------------------------
Section 117.510............... Compliance Schedule 04/19/2000 [Insert publication (a), and (a)(2) for B/
for Utility Elecric date and Federal PA area only.
Generation. Register cite].
Section 117.520............... Compliance Schedule 04/19/2000 [Insert publication (a), (a)(2), and
for Industrial, date and Federal (a)(3) for B/PA area
Commercial and Register cite]. only.
Institutional
Combustion Sources
in Ozone
Nonattainment Areas.
* * * * * *
*
Section 117.570............... Trading.............. 10/27/1999 [Insert publication (1)(A)(ii) for B/PA
04/19/2000 date and Federal area only.
Register cite].
----------------------------------------------------------------------------------------------------------------
Subchapter F
----------------------------------------------------------------------------------------------------------------
Gas-Fired Steam Generation
----------------------------------------------------------------------------------------------------------------
Section 117.601............... Gas-Fired Steam 02/24/1999 [Insert publication Repealed for B/PA
Generation. 04/19/2000 date and Federal area only.
Register cite].
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State Source Specific Requirements.
EPA Approved Texas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
approval/
Name of source Permit No. submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Alcoa Inc., Rockdale, Milam Agreed Order No. 04/19/2000 [Insert publication H/GA, D/FW, and B/
County, Texas. 2000-0032-SIP. date and Federal PA, Texas 1-hour
Register cite]. ozone standard
attainment
demonstrations.
[[Page 64156]]
Eastman Chemical Company, Texas Agreed Order No. 04/19/2000 [Insert publication H/GA, D/FW, and B/
Operations, Longview, Harrison 2000-0033-SIP. date and Federal PA, Texas 1-hour
County, Texas. Register cite]. ozone standard
attainment
demonstrations.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 00-27029 Filed 10-25-00; 8:45 am]
BILLING CODE 6560-50-U
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