National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas, 25753-25759 [06-4114]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Rules and Regulations]
[Pages 25753-25759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R06-OAR-2005-TX-0034; FRL-8164-6]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; delegation of authority.

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SUMMARY: The Texas Commission on Environmental Quality (TCEQ) has 
submitted updated regulations for receiving delegation of EPA authority 
for National Emission Standards for Hazardous Air Pollutants (NESHAPs) 
for certain sources (both part 70 and non-part 70 sources). These 
regulations apply to certain NESHAPs promulgated by EPA, as adopted by 
the TCEQ. The delegation of authority under this action does not apply 
to sources located in Indian Country. EPA is taking direct final action 
to approve the delegation of certain NESHAPs to TCEQ.

DATES: This rule is effective on July 3, 2006 without further notice, 
unless EPA receives relevant adverse comment by June 1, 2006. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2005-TX-0034, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Jeff Robinson at robinson.jeffrey@epa.gov.
     Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at 
fax number 214-665-7263.
     Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
     Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits 
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only 
between the hours of 8 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-TX-0034. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://docket.epa.gov/rmepub/, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through www.regulations.gov, or e-mail. The www.regulations.gov Web 
site is an ``anonymous access'' system, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in https://
www.regulations.gov or in hard copy at the Air Permitting Section (6PD-
R), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will

[[Page 25754]]

be a 15 cent per page fee for making photocopies of documents. On the 
day of the visit, please check in at the EPA Region 6 reception area at 
1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12100 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U.S. EPA, Region 6, 
Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue, 
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number 214-665-
7263; or electronic mail at robinson.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. General Information
II. What Does This Action Do?
III. What Is the Authority for Delegation?
IV. What Criteria Must Texas' Program Meet To Be Approved?
V. How Did TCEQ Meet the Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be 
Made?
IX. What Authority Does EPA Have?
X. What Information Must TCEQ Provide to EPA?
XI. What Is EPA's Oversight of This Delegation to TCEQ?
XII. Should Sources Submit Notices to EPA or TCEQ?
XIII. How Will Unchanged Authorities Be Delegated to TCEQ in the 
Future?
XIV. Final Action
XV. Statutory and Executive Order Reviews

I. General Information

A. Tips for Preparing Your Comments

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

B. Submitting Confidential Business Information (CBI)

    Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark the part or all of the information that you claim to 
be CBI. For CBI information in a disk or CD ROM that you mail to EPA, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

II. What Does This Action Do?

    EPA is taking direct final action to approve the delegation of 
certain NESHAPs to TCEQ. With this delegation, TCEQ has the primary 
responsibility to implement and enforce the delegated standards. See 
sections VI and VII, below, for a complete discussion of which 
standards are being delegated and which are not being delegated.

III. What Is the Authority for Delegation?

    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes 
EPA to delegate authority to any state or local agency which submits 
adequate regulatory procedures for implementation and enforcement of 
emission standards for hazardous air pollutants. The hazardous air 
pollutant standards are codified at 40 CFR part 63.

IV. What Criteria Must Texas' Program Meet To Be Approved?

    Section 112(l) of the CAA enables EPA to approve State air toxics 
programs or rules to operate in place of the Federal air toxics program 
or rules. 40 CFR part 63, subpart E (subpart E) governs EPA's approval 
of State rules or programs under section 112(l).
    EPA will approve an air toxics program if we find that:
    (1) The State program is ``no less stringent'' than the 
corresponding Federal program or rule;
    (2) The State has adequate authority and resources to implement the 
program;
    (3) The schedule for implementation and compliance is sufficiently 
expeditious; and
    (4) The program otherwise complies with Federal guidance.
    In order to obtain approval of its program to implement and enforce 
Federal section 112 rules as promulgated without changes (straight 
delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR 
63.91(d)(3) provides that interim or final Title V program approval 
will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources.

V. How Did TCEQ Meet the Subpart E Approval Criteria?

    As part of its Title V submission, TCEQ stated that it intended to 
use the mechanism of incorporation by reference to adopt unchanged 
Federal section 112 into its regulations. This applied to both existing 
and future standards as they applied to part 70 sources ((60 FR 30444 
(June 7, 1995) and 61 FR 32699 (June 25, 1996)). On December 6, 2001, 
EPA promulgated final full approval of the State's operating permits 
program effective November 30, 2001 (66 FR 63318). The TCEQ was 
originally delegated the authority to implement certain NESHAPs 
effective May 17, 2005 (70 FR 13018). Under 40 CFR 63.91(d)(2), once a 
state has satisfied up-front approval criteria, it needs only to 
reference the previous demonstration and reaffirm that it still meets 
the criteria for any subsequent submittals. TCEQ has affirmed that it 
still meets the up-front approval criteria.

VI. What Is Being Delegated?

    EPA received a request from TCEQ to update it's existing delegation 
of certain NESHAP subparts on July 26, 2005. The TCEQ requests 
delegation of certain NESHAP for all sources (both part 70 and non-part 
70 sources). For the part 63 NESHAPs, Texas' request included the newly 
incorporated NESHAPs set forth in Table 1 below, and amendments to 
existing standards that are currently delegated.

[[Page 25755]]



                              Table 1.--40 CFR Part 63 NESHAP for Source Categories
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            Subpart                                              Source category
----------------------------------------------------------------------------------------------------------------
EEEE...........................  Organic Liquids Distribution (Non-Gasoline).
FFFF...........................  Miscellaneous Organic Chemical Manufacturing (MON).
IIII...........................  Surface Coating of Automobiles and Light-Duty Trucks.
KKKK...........................  Surface Coating of Metal Cans.
MMMM...........................  Surface Coating of Miscellaneous Metal Parts and Products.
OOOO...........................  Printing, Coating, and Dyeing of Fabrics and Other Textiles.
PPPP...........................  Surface Coating of Plastic Parts and Products.
QQQQ...........................  Surface Coating of Wood Building Products.
RRRR...........................  Surface Coating of Metal Furniture.
WWWW...........................  Reinforced Plastic Composites Production.
YYYY...........................  Stationary Combustion Turbines.
ZZZZ...........................  Stationary Reciprocating Internal Combustion Engines (RICE).
AAAAA..........................  Lime Manufacturing Plants.
BBBBB..........................  Semiconductor Manufacturing.
CCCCC..........................  Coke Ovens: Pushing, Quenching, and Battery Stacks
EEEEE..........................  Iron and Steel Foundries.
FFFFF..........................  Integrated Iron and Steel Manufacturing Facilities.
GGGGG..........................  Site Remediation.
HHHHH..........................  Miscellaneous Coating Manufacturing.
IIIIII.........................  Mercury Emissions from Mercury Cell Chlor-Alkali Plants.
JJJJJ..........................  Brick and Structural Clay Products Manufacturing.
KKKKK..........................  Clay Ceramics Manufacturing.
LLLLL..........................  Asphalt Processing and Asphalt Roofing Manufacturing.
MMMMM..........................  Flexible Polyurethane Foam Fabrication Operations.
NNNNN..........................  Hydrochloric Acid Production.
PPPPP..........................  Engine Test Cells/Stands.
RRRRR..........................  Taconite Iron Ore Processing.
SSSSS..........................  Refractory Products Manufacturing.
TTTTT..........................  Primary Magnesium Refining.
----------------------------------------------------------------------------------------------------------------

VII. What Is Not Being Delegated?

    EPA cannot delegate to a State any of the Category II Subpart A 
authorities set forth in 40 CFR 63.91(g)(2). These include the 
following provisions: Sec.  63.6(g), Approval of Alternative Non-
Opacity Standards; Sec.  63.6(h)(9), Approval of Alternative Opacity 
Standards; Sec.  63.7(e)(2)(ii) and (f), Approval of Major Alternatives 
to Test Methods; Sec.  63.8(f), Approval of Major Alternatives to 
Monitoring; and Sec.  63.10(f), Approval of Major Alternatives to 
Recordkeeping and Reporting. In addition, some MACT standards have 
certain provisions that cannot be delegated to the States. Therefore, 
any MACT standard that EPA is delegating to TCEQ that provides that 
certain authorities cannot be delegated are retained by EPA and not 
delegated. Furthermore, no authorities are delegated that require 
rulemaking in the Federal Register to implement, or where Federal 
overview is the only way to ensure national consistency in the 
application of the standards or requirements of CAA section 112. 
Finally, section 112(r), the accidental release program authority, is 
not being delegated by this approval.
    All of the inquiries and requests concerning implementation and 
enforcement of the excluded standards in the State of Texas should be 
directed to the EPA Region 6 Office.
    EPA must change the delegation status of part 63--Subpart J 
standards for Polyvinyl Chloride and Copolymers Production in this 
delegation action. This subpart was vacated by Mossville Environmental 
Action Now v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004), and EPA's petition 
for rehearing was denied by the Court of Appeals for the D.C. Circuit 
on April 15, 2005. This subpart was previously delegated to TCEQ. In 
addition, this delegation to TCEQ to implement and enforce certain 
NESHAPs does not extend to sources or activities located in Indian 
country, as defined in 18 U.S.C. 1151. Under this definition, EPA 
treats as reservations, trust lands validly set aside for the use of a 
Tribe even if the trust lands have not been formally designated as a 
reservation. Consistent with previous federal program approvals or 
delegations, EPA will continue to implement the NESHAPs in Indian 
country because TCEQ has not submitted information to demonstrate 
authority over sources and activities located within the exterior 
boundaries of Indian reservations and other areas in Indian country.

VIII. How Will Applicability Determinations Under Section 112 Be Made?

    In approving this delegation, TCEQ will obtain concurrence from EPA 
on any matter involving the interpretation of section 112 of the CAA or 
40 CFR part 63 to the extent that implementation, administration, or 
enforcement of these sections have not been covered by EPA 
determinations or guidance.

IX. What Authority Does EPA Have?

    We retain the right, as provided by CAA section 112(l)(7), to 
enforce any applicable emission standard or requirement under section 
112. EPA also has the authority to make certain decisions under the 
General Provisions (subpart A) of part 63. We are granting TCEQ some of 
these authorities, and retaining others, as explained in sections VI 
and VII above. In addition, EPA may review and disapprove of State 
determinations and subsequently require corrections. (See 40 CFR 
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
    Furthermore, we retain any authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Also, listed in the footnotes of the part 63 delegation table 
at the end of this rule are the authorities that cannot be delegated to 
any State or local agency which we therefore retain.

[[Page 25756]]

X. What Information Must TCEQ Provide to EPA?

    In delegating the authority to implement and enforce these rules 
and in granting a waiver of EPA notification requirements, we require 
TCEQ to input all source information into the Aerometric Information 
Retrieval System (AIRS) for both point and area sources. TCEQ must 
enter this information into the AIRS system and update the information 
by September 30 of every year. TCEQ must provide any additional 
compliance related information to EPA, Region 6, Office of Enforcement 
and Compliance Assurance within 45 days of a request under 40 CFR 
63.96(a).
    In receiving delegation for specific General Provisions 
authorities, TCEQ must submit to EPA Region 6 on a semi-annual basis, 
copies of determinations issued under these authorities. For part 63 
standards, these determinations include: Applicability determinations 
(Sec.  63.1); approval/disapprovals of construction and reconstruction 
(Sec.  63.5(e) and (f)); notifications regarding the use of a 
continuous opacity monitoring system (Sec.  63.6(h)(7)(ii)); finding of 
compliance (Sec.  63.6(h)(8)); approval/disapprovals of compliance 
extensions (Sec.  63.6(i)); approvals/disapprovals of minor (Sec.  
63.7(e)(2)(i)) or intermediate (Sec.  63.7(e)(2)(ii) and (f)) 
alternative test methods; approval of shorter sampling times and 
volumes (Sec.  63.7(e)(2)(iii)); waiver of performance testing (Sec.  
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or 
intermediate alternative monitoring methods (Sec.  63.8(f)); approval 
of adjustments to time periods for submitting reports (Sec.  63.9 and 
63.10); and approvals/disapprovals of minor alternatives to 
recordkeeping and reporting (Sec.  63.10(f)).
    Additionally, EPA's Emissions, Monitoring, and Analysis Division 
must receive copies of any approved intermediate changes to test 
methods or monitoring. (Please note that intermediate changes to test 
methods must be demonstrated as equivalent through the procedures set 
out in EPA method 301.) This information on approved intermediate 
changes to test methods and monitoring will be used to compile a 
database of decisions that will be accessible to State and local 
agencies and EPA Regions for reference in making future decisions. (For 
definitions of major, intermediate and minor alternative test methods 
or monitoring methods, see 40 CFR 63.90). The TCEQ should forward these 
intermediate test methods or monitoring changes via mail or facsimile 
to: Chief, Air Measurements and Quality Group, Emissions Monitoring and 
Analysis Division, Office of Air Quality Planning and Standards, 
Mailcode D205-02, Research Triangle Park, NC 27711, Facsimile telephone 
number: (919) 541-0516.

XI. What Is EPA's Oversight of This Delegation to TCEQ?

    EPA must oversee TCEQ's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that TCEQ made decisions that decreased the 
stringency of the delegated standards, then TCEQ shall be required to 
take corrective actions and the source(s) affected by the decisions 
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will 
initiate withdrawal of the program or rule if the corrective actions 
taken are insufficient.

XII. Should Sources Submit Notices to EPA or TCEQ?

    For the NESHAPS being delegated and included in the table above, 
all of the information required pursuant to the general provisions and 
the relevant subpart of the Federal NESHAP (40 CFR part 63) should be 
submitted by sources located outside of Indian country, directly to the 
TCEQ at the following address: Texas Commission on Environmental 
Quality, Office of Permitting, Remediation and Registration, Air 
Permits Division (MC 163), P.O. Box 13087, Austin, Texas 78711-3087. 
The TCEQ is the primary point of contact with respect to delegated 
NESHAPs. Sources do not need to send a copy to EPA. EPA Region 6 waives 
the requirement that notifications and reports for delegated standards 
be submitted to EPA in addition to TCEQ in accordance with 40 CFR 
63.9(a)(4)(ii) and 63.10(a)(4)(ii). For those standards that are not 
delegated, sources must continue to submit all appropriate information 
to EPA.

XIII. How Will Unchanged Authorities Be Delegated to TCEQ in the 
Future?

    In the future, TCEQ will only need to send a letter of request to 
EPA, Region 6, for NESHAP regulations that TCEQ has adopted by 
reference. The letter must reference the previous up-front approval 
demonstration and reaffirm that it still meets the up-front approval 
criteria. We will respond in writing to the request stating that the 
request for delegation is either granted or denied. A Federal Register 
action will be published to inform the public and affected sources of 
the delegation, indicate where source notifications and reports should 
be sent, and to amend the relevant portions of the Code of Federal 
Regulations showing which NESHAP standards have been delegated to TCEQ.

XIV. Final Action

    The public was provided the opportunity to comment on the proposed 
approval of the program and mechanism for delegation of section 112 
standards, as they apply to part 70 sources, on June 7, 1995, for the 
proposed interim approval of TCEQ's Title V operating permits program; 
and on October 11, 2001, for the proposed final approval of TCEQ's 
Title V operating permits program. In EPA's final full approval of 
Texas' Operating Permits Program on December 6, 2001, (66 FR 63318), 
the EPA discussed the public comments on the proposed final delegation 
of the Title V operating permits program. In today's action, the public 
is given the opportunity to comment on the approval of TCEQ's request 
for delegation of authority to implement and enforce certain section 
112 standards for all sources (both part 70 and non-part 70 sources) 
which have been adopted by reference into Texas' state regulations. 
However, the Agency views the approval of these requests as a 
noncontroversial action and anticipates no adverse comments. Therefore, 
EPA is publishing this rule without prior proposal. However, in the 
``Proposed Rules'' section of today's Federal Register publication, EPA 
is publishing a separate document that will serve as the proposal to 
approve the program and delegation of authority described in this 
action if adverse comments are received. This action will be effective 
July 3, 2006 without further notice unless the Agency receives relevant 
adverse comments by June 1, 2006.
    If EPA receives relevant adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public the rule will 
not take effect. We will address all public comments in a subsequent 
final rule based on the proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting must do so at this time. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions

[[Page 25757]]

of the rule that are not the subject of a relevant adverse comment.

XVI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 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. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 3, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Authority: This action is issued under the authority of section 
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: April 24, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 63 is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
2. Section 63.99 is amended by revising paragraph (a)(43)(i) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (43) * * *
    (i) The following table lists the specific part 63 standards that 
have been delegated unchanged to the Texas Commission on Environmental 
Quality for all sources. The ``X'' symbol is used to indicate each 
subpart that has been delegated. The delegations are subject to all of 
the conditions and limitations set forth in Federal law, regulations, 
policy, guidance, and determinations. Some authorities cannot be 
delegated and are retained by EPA. These include certain General 
Provisions authorities and specific parts of some standards. Any 
amendments made to these rules after the effective date are not 
delegated.

      Delegation Status for Part 63 Standards.--State of Texas \1\
------------------------------------------------------------------------
           Subpart                   Source category          TCEQ \2\
------------------------------------------------------------------------
F...........................  Hazardous Organic NESHAP                X
                               (HON)--Synthetic
                               OrganicChemical
                               Manufacturing Industry
                               (SOCMI).
G...........................  HON--SOCMI Process Vents,               X
                               Storage Vessels, Transfer
                               Operations and Wastewater.
H...........................  HON--Equipment Leaks........            X
I...........................  HON--Certain Processes                  X
                               Negotiated Equipment Leak
                               Regulation.
J...........................  Polyvinyl Chloride and              \3\ X
                               Copolymers Production.
K...........................  (Reserved)..................  ............
L...........................  Coke Oven Batteries.........            X

[[Page 25758]]

 
M...........................  Perchloroethylene Dry                   X
                               Cleaning.
N...........................  Chromium Electroplating and             X
                               Chromium Anodizing Tanks.
O...........................  Ethylene Oxide Sterilizers..            X
P...........................  (Reserved)..................  ............
Q...........................  Industrial Process Cooling              X
                               Towers.
R...........................  Gasoline Distribution.......            X
S...........................  Pulp and Paper Industry.....            X
T...........................  Halogenated Solvent Cleaning            X
U...........................  Group I Polymers and Resins.            X
V...........................  (Reserved)..................  ............
W...........................  Epoxy Resins Production and             X
                               Non-Nylon Polyamides
                               Production.
X...........................  Secondary Lead Smelting.....            X
Y...........................  Marine Tank Vessel Loading..            X
Z...........................  (Reserved)..................  ............
AA..........................  Phosphoric Acid                         X
                               Manufacturing Plants.
BB..........................  Phosphate Fertilizers                   X
                               Production Plants.
CC..........................  Petroleum Refineries........            X
DD..........................  Off-Site Waste and Recovery             X
                               Operations.
EE..........................  Magnetic Tape Manufacturing.            X
FF..........................  (Reserved)..................  ............
GG..........................  Aerospace Manufacturing and             X
                               Rework Facilities.
HH..........................  Oil and Natural Gas                     X
                               Production Facilities.
II..........................  Shipbuilding and Ship Repair            X
                               Facilities.
JJ..........................  Wood Furniture Manufacturing            X
                               Operations.
KK..........................  Printing and Publishing                 X
                               Industry.
LL..........................  Primary Aluminum Reduction              X
                               Plants.
MM..........................  Chemical Recovery Combustion            X
                               Sources at Kraft, Soda,
                               Sulfide, and Stand-Alone
                               Semichemical Pulp Mills.
NN..........................  (Reserved)..................  ............
OO..........................  Tanks--Level 1..............            X
PP..........................  Containers..................            X
QQ..........................  Surface Impoundments........            X
RR..........................  Individual Drain Systems....            X
SS..........................  Closed Vent Systems, Control  ............
                               Devices, Recovery Devices
                               and Routing to a Fuel Gas
                               System or a Process.
TT..........................  Equipment Leaks--Control                X
                               Level 1.
UU..........................  Equipment Leaks--Control                X
                               Level 2 Standards.
VV..........................  Oil-Water Separators and                X
                               Organic-Water Separators.
WW..........................  Storage Vessels (Tanks)--               X
                               Control Level 2.
XX..........................  (Reserved)..................  ............
YY..........................  Generic Maximum Achievable              X
                               Control Technology
                               Standards.
ZZ-BBB......................  (Reserved)..................  ............
CCC.........................  Steel Pickling--HCl Process             X
                               Facilities and Hydrochloric
                               Acid Regeneration.
DDD.........................  Mineral Wool Production.....            X
EEE.........................  Hazardous Waste Combustors..            X
FFF.........................  (Reserved)..................  ............
GGG.........................  Pharmaceuticals Production..            X
HHH.........................  Natural Gas Transmission and            X
                               Storage Facilities.
III.........................  Flexible Polyurethane Foam              X
                               Production.
JJJ.........................  Group IV Polymers and Resins            X
KKK.........................  (Reserved)..................  ............
LLL.........................  Portland Cement                         X
                               Manufacturing.
MMM.........................  Pesticide Active Ingredient             X
                               Production.
NNN.........................  Wool Fiberglass                         X
                               Manufacturing.
OOO.........................  Amino/Phenolic Resins.......            X
PPP.........................  Polyether Polyols Production            X
QQQ.........................  Primary Copper Smelting.....            X
RRR.........................  Secondary Aluminum                      X
                               Production.
SSS.........................  (Reserved)..................  ............
TTT.........................  Primary Lead Smelting.......            X
UUU.........................  Petroleum Refineries--                  X
                               Catalytic Cracking
                               Units,Catalytic Reforming
                               Units and Sulfur Recovery
                               Plants.
VVV.........................  Publicly Owned Treatment                X
                               Works (POTW).
WWW.........................  (Reserved)..................  ............
XXX.........................  Ferroalloys Production:                 X
                               Ferromanganese and
                               Silicomanganese.
AAAA........................  Municipal Solid Waste                   X
                               Landfills.
CCCC........................  Nutritional Yeast                       X
                               Manufacturing.
DDDD........................  Plywood and Composite Wood
                               Products.
EEEE........................  Organic Liquids Distribution            X
FFFF........................  Miscellaneous Organic                   X
                               Chemical Manufacturing
                               (MON).
GGGG........................  Solvent Extraction for                  X
                               Vegetable Oil Production.
HHHH........................  Wet Formed Fiberglass Mat               X
                               Production.
IIII........................  Auto & Light Duty Truck.....            X
JJJJ........................  Paper and other Web (Surface            X
                               Coating).
KKKK........................  Surface Coating of Metal                X
                               Cans.

[[Page 25759]]

 
MMMM........................  Miscellaneous Metal Parts               X
                               and Products Surface
                               Coating.
NNNN........................  Surface Coating of Large                X
                               Appliances.
OOOO........................  Fabric Printing Coating and             X
                               Dyeing.
PPPP........................  Surface Coating of Plastic              X
                               Parts and Products.
QQQQ........................  Surface Coating of Wood                 X
                               Building Products.
RRRR........................  Surface Coating of Metal                X
                               Furniture.
SSSS........................  Surface Coating for Metal               X
                               Coil.
TTTT........................  Leather Finishing Operations            X
UUUU........................  Cellulose Production                    X
                               Manufacture.
VVVV........................  Boat Manufacturing..........            X
WWWW........................  Reinforced Plastic                      X
                               Composites Production.
XXXX........................  Tire Manufacturing..........            X
YYYY........................  Stationary Combustion                   X
                               Turbines.
ZZZZ........................  Reciprocating Internal                  X
                               Combustion Engines.
AAAAA.......................  Lime Manufacturing..........            X
BBBBB.......................  Semiconductor Manufacturing.            X
CCCCC.......................  Coke Ovens: Pushing,                    X
                               Quenching and Battery
                               Stacks.
DDDDD.......................  Industrial, Commercial, and             X
                               Institutional Boilers and
                               Process Heaters.
EEEEE.......................  Iron and Steel Foundries....            X
FFFFF.......................  Integrated Iron and Steel...            X
GGGGG.......................  Site Remediation............            X
HHHHH.......................  Miscellaneous Coating                   X
                               Manufacturing.
IIIII.......................  Mercury Cell Chlor-Alkali               X
                               Plants.
JJJJJ.......................  Brick and Structural Clay               X
                               Products Manufacturing.
KKKKK.......................  Clay Ceramics Manufacturing.            X
LLLLL.......................  Asphalt Roofing and                     X
                               Processing.
MMMMM.......................  Flexible Polyurethane Foam              X
                               Fabrication Operation.
NNNNN.......................  Hydrochloric Acid                       X
                               Production, Fumed Silica
                               Production.
PPPPP.......................  Engine Test Facilities......            X
QQQQQ.......................  Friction Materials                      X
                               Manufacturing.
RRRRR.......................  Taconite Iron Ore Processing            X
SSSSS.......................  Refractory Products                     X
                               Manufacture.
TTTTT.......................  Primary Magnesium Refining..            X
------------------------------------------------------------------------
1 Program delegated to Texas Commission on Environmental Quality (TCEQ).
2 Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
3 The TCEQ was previously delegated this subpart on May 17, 2005 (70 FR
  13018). The subpart was vacated and remanded to EPA by the United
  States Court of Appeals for the District of Columbia Circuit. See,
  Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C.
  Cir. 2004). Because of the D.C. Court's holding this subpart is not
  delegated to TCEQ at this time.

* * * * *
[FR Doc. 06-4114 Filed 5-1-06; 8:45 am]
BILLING CODE 6560-50-P