Approval and Promulgation of Implementation Plans; Texas; Control of Emissions of Nitrogen Oxides (NOX, 39900-39911 [E8-15814]

Download as PDF 39900 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules cprice-sewell on PRODPC61 with PROPOSALS Pursuant to the interpretation set forth in the May 10, 1995 memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, entitled ‘‘Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone Ambient Air Quality Standard’’ (Clean Data Policy), EPA is proposing to make a finding of attainment based on current air quality. Under this policy, if EPA determines through rulemaking that the DFW 1-hour ozone nonattainment area is meeting the 1-hour ozone standard, the requirements for the State to submit and have approved an attainment demonstration and related components such as reasonably available control measures (RACM), an RFP demonstration (including the 5% IOP plan), and contingency measures for failure to attain or make RFP are suspended as long as the area continues to attain the 1-hour ozone NAAQS. If the area subsequently violates the ozone NAAQS, EPA would initiate notice-andcomment rulemaking to withdraw the determination of attainment, which would result in reinstatement of the requirement for the State to submit such plans. The Tenth, Seventh and Ninth Circuits have upheld EPA rulemakings applying the Clean Data Policy. See Sierra Club v. EPA, 99 F. 3d 1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004) and Our Children’s Earth Foundation v. EPA, No. 04–73032 (9th Cir. June 28, 2005) memorandum opinion.1 See also the discussion and rulemakings cited in the Phase 2 Rule, 70 FR 71644–71646 (November 29, 2005). IV. What Action Is EPA Taking? EPA proposes to find that the DFW 1-hour ozone nonattainment area has attained the 1-hour ozone standard. Thus the requirements for submitting the attainment demonstration, RFP requirements, or in this case a 5% IOP, (40 CFR 51.905(a)), and section 172(c)(9) and section 182(c)(9) contingency measures are suspended for so long as the area is attaining the standard. Thus pursuant to our proposed determination of attainment and in accordance with our Clean Data Policy, the effect of the finding is that the following requirements to submit SIP measures under the 1-hour antibacksliding provisions (40 CFR Section 51.905) are suspended for so long as the 1 The Clean Data Policy, as it is embodied in 40 CFR 51.918, is being challenged in the context of the 8-hour ozone standard in the Phase 2 Rule ozone litigation pending in the D.C. Circuit, NRDC v. EPA, No. 06–1045 (D.C. Cir.). VerDate Aug<31>2005 17:15 Jul 10, 2008 Jkt 214001 area continues to attain the 1-hour standard: RFP reductions under section 182(c)(2)(B) (for serious and above areas) Attainment demonstration under section 182(c)(2) (for serious and above areas) Contingency measures under section 172(c)(9) and section 182(c)(9) (for serious and above areas). V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements. 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 proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements, 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 proposed 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 proposed 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), because it merely proposes to make a determination based on air quality data and would, if finalized, result in the suspension of certain Federal requirements, and does not alter the relationship or the distribution of power and PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 responsibilities established in the Clean Air Act. This proposed 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 proposes to determine that air quality in the affected area is meeting Federal standards. 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 because it would be inconsistent with applicable law for EPA, when determining the attainment status of an area, to use voluntary consensus standards in place of promulgated air quality standards and monitoring procedures that otherwise satisfy the provisions of the Clean Air Act. This proposed 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.). Under Executive Order 12898, EPA finds that this rule involves a proposed determination of attainment based on air quality data and will not have disproportionately high and adverse human health or environmental effects on any communities in the area, including minority and low-income communities. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 1, 2008. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. E8–15809 Filed 7–10–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2007–0523; FRL–8690–5] Approval and Promulgation of Implementation Plans; Texas; Control of Emissions of Nitrogen Oxides (NOX) From Stationary Sources Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The EPA is proposing approval of rules for the control of NOX emissions into the Texas State Implementation Plan (SIP). The Texas E:\FR\FM\11JYP1.SGM 11JYP1 cprice-sewell on PRODPC61 with PROPOSALS Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules Commission on Environmental Quality (TCEQ) submitted this revision to the SIP to us on May 30, 2007 (May 30, 2007 SIP revision). The May 30, 2007 SIP revision is a substantive and nonsubstantive recodification and reformatting of the NOX rules currently approved in the Texas SIP. This revision also includes a part of the NOX reductions needed for the Dallas/Forth Worth (D/FW) area to attain the Federal 8-hour ozone National Ambient Air Quality Standard (NAAQS). This rulemaking covers four separate actions. First, we are proposing to approve the repeal of the current Chapter 117 rules that correspond to the non-substantive new rules and the revised and reformatted rules because the reformatted revision will better accommodate future additions/revisions to the rules. See section 1 of this document. Second, we are proposing to approve revisions to the Texas SIP that add new controls for the D/FW major NOX point sources. We are not, however, taking action on the Texas rules for cement plants in this document. The rules for cement plants are being evaluated in a separate Federal Register document. See sections 5, 6, 13, and 14 of this document. Third, we are proposing to approve revisions to the Texas SIP that add new controls for D/FW minor NOX sources. See section 15 of this document. Fourth, we are proposing to approve revisions to the Texas SIP that add new controls for combustion sources in East Texas. See section 16 of this document. These NOX reductions will assist the D/FW area to attain the 8-hour ozone NAAQS. We are proposing approval of these actions as meeting the requirements of section 110 and part D of the Federal Clean Air Act (the Act). DATES: Comments must be received on or before August 11, 2008. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2007–0523, 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: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by e-mail to the person listed in the FOR FURTHER INFORMATION CONTACT section below. • Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number 214–665–7263. VerDate Aug<31>2005 15:09 Jul 10, 2008 Jkt 214001 • Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. • Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Such deliveries are accepted only between the hours of 8 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–2007– 0523. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through www.regulations.gov or e-mail that you consider to be CBI or otherwise protected from disclosure. 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 docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Section (6PD–L), PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 39901 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 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 75202– 2733. 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, 12124 Park 35 Circle, Austin, Texas 78753. FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section (6PD– L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone (214) 665–6691, fax (214) 665–7263, e-mail address shar.alan @epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. I. General Information What Should I Consider as I Prepare My Comments for EPA? A. Submitting CBI. Do not submit this information to EPA through www.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 Code of Federal Regulations (CFR) part 2. B. Tips for Preparing Your Comments. When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). E:\FR\FM\11JYP1.SGM 11JYP1 39902 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a CFR part or section number. • Explain why you agree or disagree, suggest alternatives, and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. Background Table of Contents 1. What are we proposing to approve? 2. What is the relationship between the May 30, 2007 SIP revision and the ozone attainment demonstration plan for the D/FW? 3. What sections of the May 30, 2007, SIP revision will become part of Texas SIP? 4. What sections of the May 30, 2007, SIP revision will not become part of Texas SIP? 5. What sections of the May 30, 2007, SIP revision are we not acting upon in this proposal? 6. What Counties in the D/FW area will the May 30, 2007, SIP revision affect? 7. What Counties in East and Central Texas will the May 30, 2007, SIP revision affect? 8. What is Ozone and why do we regulate it? 9. What are NOX? 10. What is a SIP? 11. What areas in Texas will today’s rulemaking action affect? 12. What is the section 110(l) ‘‘antibacksliding’’ analysis for the May 30, 2007 SIP revision? 13. What are the NOX emissions requirements for point sources in the D/FW area that we are proposing to approve? 14. What are the NOX emission requirements for stationary diesel engines in the D/FW area that we are proposing to approve? 15. What are the NOX emissions specifications for minor sources of NOX in the D/FW area that we are proposing to approve? 16. What are the NOX emissions requirements for stationary reciprocating internal combustion engines (RICE) in East Texas that we are proposing to approve? 17. What are the compliance schedules for NOX emissions sources that we are proposing to approve? 1. What are we proposing to approve? On May 30, 2007, TCEQ submitted rule revisions to 30 TAC, Chapter 117, ‘‘Control of Air Pollution from Nitrogen Compounds,’’ as a revision to the Texas SIP for point sources of NOX (May 30, 2007 SIP revision). The State of Texas submitted the May 30, 2007 SIP revision to us, to, among other things, provide a portion of the NOX reductions needed for the D/FW area to attain the Federal 8-hour ozone NAAQS. We are taking four separate actions in this rulemaking action. First, these revisions involve repealing the current Chapter 117 rules, and simultaneously proposing to approve into the Texas SIP, a new reformatted Chapter 117. We are proposing to approve the repeal of the current Chapter 117, and the recodification and reformatting of Chapter 117 because the reformatted revision will better accommodate future additions/revisions to the rules and will maintain consistency between the State rules and Federal SIP. We are proposing to approve all of the non-substantive reformatted, restructured, renumbered, reorganized, and administrative revisions to the wording of Chapter 117 into Texas SIP. We want to clarify that the specifically identified rules do not make any changes to the substance of the rules that we previously approved into the Texas SIP, Chapter 117. By approving the repeal of the current Texas SIP, Chapter 117’s rules we are making it clear that the new rules replace the previous rules in their entirety. We are proposing to approve these non-substantive reformatted, restructured, renumbered, reorganized, and administrative revisions to the wording of Chapter 117 under section 110 and part D of the Act. For a full list of affected sections see section 3 of this document. Second, we are proposing to approve revisions to the D/FW NOX major point source rules. See sections 5, 6, 13, and 14 of this document. Sections 117.410(a), 117.410(b) and 117.310(b) contain substantive changes in the reformatted Chapter 117 rules that result in additional NOX reductions. These reductions were not previously a part of EPA-approved Texas SIP, Chapter 117. Third, we are proposing to approve revisions to the D/FW minor source rules for the control of NOX. See section 15 of this document. Sections 117.2010(a) and 117.2110(a) contain substantive changes in the reformatted Chapter 117 rules that result in additional NOX reductions which will help the DFW area to attain the 1997 8hour ozone standard. These reductions were not previously a part of EPAapproved Texas SIP, Chapter 117. Fourth, we are proposing to approve revisions to the rules for the control of NOX emissions from combustion sources in East Texas. See section 16 of this document. Sections 117.3310(a) and 117.3010(a) contain substantive changes in the reformatted Chapter 117 rules that result in 22.4 Tons Per Day (TPD) of cumulative NOX reductions. These reductions were not previously a part of EPA-approved Texas SIP, Chapter 117. Tables 1 and 2 list the section of the Texas rules with significant modifications and minor substantive modifications, respectively. Since Texas has reformatted and recodified the rule, the remaining sections of Chapter 117 are affected by this revision in nonsubstantive ways. Table 3 lists all of the sections that are impacted by this revision both in substantive and in nonsubstantive ways. Table 1 contains a list of the sections of Chapter 117 with significant modifications. Also see Figure 1 of 30 TAC Chapter 117 at 31 Texas Register 10899, published December 29, 2006. TABLE 1.—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR MODIFICATION Description Section cprice-sewell on PRODPC61 with PROPOSALS Subchapter A: Definitions ................................................................................................ Subchapter B, Division 4, Dallas-Fort Worth Eight Hour Ozone Nonattainment Area Major Sources. Removal from Subchapter B, Division 2 after compliance date for Division 4 ............... Subchapter C, Division 4, Dallas-Fort Worth Eight Hour Ozone Nonattainment Area Utility Electric Generation Sources. Removal from Subchapter C, Division 2 after compliance date for Division 4 ............... Subchapter D, Division 2, Dallas-Fort Worth Eight Hour Ozone Nonattainment Area Minor Sources. VerDate Aug<31>2005 15:09 Jul 10, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 117.10(2), 117.10(14), 117.10(24), 117.10(44), and 117.10(51). 117.400–117.456. 117.200(b). 117.1300–117.1356. 117.1100(c) 117.2100–117.2145. E:\FR\FM\11JYP1.SGM 11JYP1 117.10(29), 39903 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules TABLE 1.—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR MODIFICATION—Continued Description Section Subchapter E: Multi-Region Combustion Control, Division 4, East Texas Combustion Subchapter H: Administrative Provisions, Division 1, Compliance Schedules ............... The following Table 2 contains a list of changes to existing Chapter 117 117.3300–117.3345. 117.9030, 117.9130, 117.9340. language that are minor in nature. Also see Figure 1 of 30 TAC Chapter 117 at 117.9210, 117.9320, and 31 Texas Register 10900, published December 29, 2006. TABLE 2.—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 WITH MINOR CHANGES Description Section Add equation for oxygen correction of pollutant concentration ....................................... Update utility boiler definition and utility electric generation rules applicability consistent with East and Central Texas utility rules. Update emergency fuel oil exemption to include only appropriate reliability councils .... Include list of ammonia methods in test methods procedures ........................................ Allow major sources to petition ED for shorter test times ............................................... Change references of ‘‘upsets’’ to ‘‘emissions events.’’ Clarify system cap equations to allow for adjustment period after startup ..................... Additional data substitution option for major sources subject to MECT ......................... Expand engine low use requirement from quarterly testing to BPA and D/FW ............. Update references to 101.222 to be consistent with current .......................................... Clarify compliance schedule for industrial EGFs to submit level of activity information For more details on each of these actions, you can refer to our Technical Support Document (TSD) developed in conjunction with this rulemaking action. We are proposing to approve revisions to 30 TAC, Chapter 117, described above as actions one through four, because these revisions to 30 TAC Chapter 117 will enhance the Texas SIP for controlling NOX emissions from stationary sources and the NOX emission reductions will assist the D/ FW area to attain the 1997 8-hour ozone NAAQS. Furthermore, approving the non-substantive changes will maintain 117.10(35). 117.10(52), 117.1000, 117.1100, and 117.1200. 117.1003(c), 117.1103(c), and 117.1203(c). 117.8000(c). 117.8000(b) 117.123(k), 117.223(k), 117.323(k), 117.1020(k), 117.1120(k), and 117.1220(k). 117.320(c). 117.340(c). 117.8140(b). 101.222, 117.145(a), 117.245(a), 117.345(a), 117.1045(a), 117.1145(a), 117.1245(a), and 117.3045(a). 117.9020(2)(B). consistency between the State rules and Federal SIP. attainment demonstration plan in a separate rulemaking action. 2. What is the relationship between the May 30, 2007 SIP revision and the ozone attainment demonstration plan for the D/FW? 3. What sections of the May 30, 2007, SIP revision will become part of Texas SIP? The resulting emissions reductions of NOX, an ozone precursor, from this SIP revision will assist in bringing the D/FW area into attainment with the 8-hour ozone NAAQS, and help with the maintenance of the ozone NAAQS in the East and Central parts of the State. We will be reviewing the 8-hour ozone Table 3 below contains a summary list of the sections of 30 TAC, Chapter 117 that Texas submitted on May 30, 2007, for point sources of NOX that we are proposing become part of the Texas SIP. Table 3 includes both the sections with substantive changes and the nonsubstantive changes. TABLE 3.—SECTION NUMBERS AND SECTION DESCRIPTIONS OF 30 TAC, CHAPTER 117 AFFECTED BY THE MAY 30, 2007, PROPOSED RULE REVISION cprice-sewell on PRODPC61 with PROPOSALS Section No. Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 117.10 .................... 117.100 .................. 117.103 .................. 117.105 .................. 117.110 .................. 117.115 .................. 117.123 .................. 117.130 .................. 117.135 .................. 117.140 .................. 117.145 .................. 117.150 .................. 117.152 .................. 117.154 .................. 117.156 .................. 117.200 .................. 117.203 .................. 117.205 .................. VerDate Aug<31>2005 16:33 Jul 10, 2008 Description Definitions. Applicability. Exemptions. Emission Specifications for Reasonably Available Control Technology (RACT). Emission Specifications for Attainment Demonstration. Alternative Plant-Wide Emission Specifications. Source Cap. Operating Requirements. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Initial Control Plan Procedures. Final Control Plan Procedures for Reasonably Available Control Technology. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications for Reasonably Available Control Technology (RACT). Jkt 214001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1 39904 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules TABLE 3.—SECTION NUMBERS AND SECTION DESCRIPTIONS OF 30 TAC, CHAPTER 117 AFFECTED BY THE MAY 30, 2007, PROPOSED RULE REVISION—Continued cprice-sewell on PRODPC61 with PROPOSALS Section No. Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 117.210 .................. 117.215 .................. 117.223 .................. 117.230 .................. 117.235 .................. 117.240 .................. 117.245 .................. 117.252 .................. 117.254 .................. 117.256 .................. 117.300 .................. 117.303 .................. 117.305 .................. 117.310 .................. 117.315 .................. 117.320 .................. 117.323 .................. 117.330 .................. 117.335 .................. 117.340 .................. 117.345 .................. 117.350 .................. 117.352 .................. 117.354 .................. 117.356 .................. 117.400 .................. 117.403 .................. 117.410 .................. 117.423 .................. 117.430 .................. 117.435 .................. 117.440 .................. 117.445 .................. 117.450 .................. 117.454 .................. 117.456 .................. 117.1000 ................ 117.1003 ................ 117.1005 ................ 117.1010 ................ 117.1015 ................ 117.1020 ................ 117.1035 ................ 117.1040 ................ 117.1045 ................ 117.1052 ................ 117.1054 ................ 117.1056 ................ 117.1100 ................ 117.1103 ................ 117.1105 ................ 117.1110 ................ 117.1115 ................ 117.1120 ................ 117.1135 ................ 117.1140 ................ 117.1145 ................ 117.1152 ................ 117.1154 ................ 117.1156 ................ 117.1200 ................ 117.1203 ................ 117.1205 ................ 117.1210 ................ 117.1215 ................ 117.1220 ................ 117.1235 ................ 117.1240 ................ 117.1245 ................ 117.1252 ................ 117.1254 ................ VerDate Aug<31>2005 15:09 Jul 10, 2008 Description Emission Specifications for Attainment Demonstration. Alternative Plant-Wide Emission Specifications. Source Cap. Operating Requirements. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Final Control Plan Procedures for Reasonably Available Control Technology. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications for Reasonably Available Control Technology (RACT). Emission Specifications for Attainment Demonstration. Alternative Plant-Wide Emission Specifications. System Cap. Source Cap. Operating Requirements. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Initial Control Plan Procedures. Final Control Plan Procedures for Reasonably Available Control Technology. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications for Eight-Hour Attainment Demonstration. Source Cap. Operating Requirements. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Initial Control Plan Procedures. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications for Reasonably Available Control Technology (RACT). Emission Specifications for Attainment Demonstration. Alternative System-Wide Emission Specifications. System Cap. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Final Control Plan Procedures for Reasonably Available Control Technology. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications for Reasonably Available Control Technology (RACT). Emission Specifications for Attainment Demonstration. Alternative System-Wide Emission Specifications. System Cap. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Final Control Plan Procedures for Reasonably Available Control Technology. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications for Reasonably Available Control Technology (RACT). Emission Specifications for Attainment Demonstration. Alternative System-Wide Emission Specifications. System Cap. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Final Control Plan Procedures for Reasonably Available Control Technology. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Jkt 214001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules 39905 TABLE 3.—SECTION NUMBERS AND SECTION DESCRIPTIONS OF 30 TAC, CHAPTER 117 AFFECTED BY THE MAY 30, 2007, PROPOSED RULE REVISION—Continued cprice-sewell on PRODPC61 with PROPOSALS Section No. Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 117.1256 117.1300 117.1303 117.1310 117.1335 117.1340 117.1345 117.1350 117.1354 117.1356 117.2000 117.2003 117.2010 117.2030 117.2035 117.2045 117.2100 117.2103 117.2110 117.2130 117.2135 117.2145 117.3000 117.3003 117.3005 117.3010 117.3020 117.3035 117.3040 117.3045 117.3054 117.3056 117.3200 117.3201 117.3203 117.3205 117.3210 117.3215 117.3300 117.3303 117.3310 117.3330 117.3335 117.3345 117.4000 117.4005 117.4025 117.4035 117.4040 117.4045 117.4050 117.4100 117.4105 117.4125 117.4135 117.4140 117.4145 117.4150 117.4200 117.4205 117.4210 117.8000 117.8010 117.8100 117.8110 117.8120 117.8130 117.8140 117.9000 117.9010 117.9020 VerDate Aug<31>2005 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ 15:09 Jul 10, 2008 Description Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications for Eight-Hour Attainment Demonstration. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Initial Control Plan Procedures. Final Control Plan Procedures for Attainment Demonstration Emission Specifications. Revision of Final Control Plan. Applicability. Exemptions. Emission Specifications. Operating Requirements. Monitoring and Testing Requirements. Recordkeeping and Reporting Requirements. Applicability. Exemptions. Emission Specifications for Eight-Hour Attainment Demonstration. Operating Requirements. Monitoring, Notification, and Testing Requirements. Recordkeeping and Reporting Requirements. Applicability. Exemptions. Gas-Fired Steam Generation. Emission Specifications. System Cap. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Final Control Plan Procedures. Revision of Final Control Plan. Applicability. Definitions. Exemptions. Emission Specifications. Certification Requirements. Notification and Labeling Requirements. Applicability. Exemptions. Emission Specifications for Eight-Hour Attainment Demonstration. Operating Requirements. Monitoring, Notification, and Testing Requirements. Recordkeeping and Reporting Requirements. Applicability. Emission Specifications. Alternative Case Specific Specifications. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Control Plan Procedures. Applicability. Emission Specifications. Alternative Case Specific Specifications. Initial Demonstration of Compliance. Continuous Demonstration of Compliance. Notification, Recordkeeping, and Reporting Requirements. Control Plan Procedures. Applicability. Emission Specifications. Applicability of Federal New Source Performance Standards. Stack Testing Requirements. Compliance Stack Test Reports. Emission Monitoring System Requirements for Industrial, Commercial, and Institutional Sources. Emission Monitoring System Requirements for Utility Electric Generation Sources. Carbon Monoxide (CO) Monitoring. Ammonia Monitoring. Emission Monitoring for Engines. Compliance Schedule for Beaumont-Port Arthur Ozone Nonattainment Area Major Sources. Compliance Schedule for Dallas-Fort Worth Ozone Nonattainment Area Major Sources. Compliance Schedule for Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources. Jkt 214001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1 39906 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules TABLE 3.—SECTION NUMBERS AND SECTION DESCRIPTIONS OF 30 TAC, CHAPTER 117 AFFECTED BY THE MAY 30, 2007, PROPOSED RULE REVISION—Continued Section No. Section Section Section Section 117.9030 117.9100 117.9110 117.9120 Description ................ ................ ................ ................ Section 117.9130 ................ Section Section Section Section Section Section Section 117.9200 117.9210 117.9300 117.9340 117.9500 117.9800 117.9810 ................ ................ ................ ................ ................ ................ ................ Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources. Compliance Schedule for Beaumont-Port Arthur Ozone Nonattainment Area Utility Electric Generation Sources. Compliance Schedule for Dallas-Fort Worth Ozone Nonattainment Area Utility Electric Generation Sources. Compliance Schedule for Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources. Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Utility Electric Generation Sources. Compliance Schedule for Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources. Compliance Schedule for Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources. Compliance Schedule for Utility Electric Generation in East and Central Texas. Compliance Schedule for East Texas Combustion. Compliance Schedule for Nitric Acid and Adipic Acid Manufacturing Sources. Use of Emission Credits for Compliance. Use of Emission Reductions Generated from the Texas Emissions Reduction Plan (TERP). You can find the entire TCEQ Chapter 117 rules at: https://www.tceq.state.tx.us/ rules/indxpdf.html#117. For a detailed discussion of each of the above changes and why EPA believes they should be approved see the Technical Support Document for this action. 4. What sections of the May 30, 2007, SIP revision will not become part of the Texas SIP? Per TCEQ’s request the following sections, listed in Table 4 below, of the May 30, 2007, SIP revision will not become a part of the EPA-approved Texas SIP. These rules mainly pertain to the control of ammonia or carbon monoxide emissions which are not ozone precursors and therefore, these rules are not necessary components of the Texas SIP. The rules listed in Table 4 are not already in the current Texas SIP and EPA continues to agree with Texas that these rules can remain outside the SIP. TABLE 4.—SECTIONS OF CHAPTER 117 NOT IN EPA-APPROVED TEXAS SIP Section No. Explanation 117.110(c), 117.125, 117.210(c), 117.225, 117.310(c), 117.325, 117.410(d), 117.425, 117.1010(b), 117.1025, 117.1110(b), 117.1125, 117.1210(b), 117.1225, 117.1310(b), 117.1325, 117.2010(i), 117.2025, 117.2110(h), 117.2125, 117.3010(e), 117.3025, 117.3123(f), 117.3125, 117.3310(e), and 117.3325. Not a part of EPA-approved Texas SIP and TCEQ continues to ask that these rules remain outside the SIP. Although the above sections of 30 TAC Chapter 117 are not to become a part of the Texas SIP they will continue to remain enforceable at the State level. revision, in this document. See Table 5 below. We will review and act upon the cement kiln related sections of the May 30, 2007 SIP revision in a separate rulemaking action. 5. What sections of the May 30, 2007 SIP revision are we not acting upon in this proposal? We are not evaluating the cement kiln related sections of the May 30, 2007 SIP TABLE 5.—SECTIONS OF CHAPTER 117 NOT BEING EVALUATED IN THIS RULEMAKING Section No. Explanation 117.3100, 117.3101, 117.3103, 117.3110, 117.3120, 117.3123, 117.3125, 117.3140, 117.3142, and 117.3145. Cement kiln related, not evaluating in this rulemaking action. 6. What Counties in the D/FW area will the May 30, 2007 SIP revision affect? that will be affected by the May 30, 2007 SIP revision. Table 6 below lists the Counties in the D/FW 8-hour ozone nonattainment area cprice-sewell on PRODPC61 with PROPOSALS TABLE 6.—TEXAS COUNTIES IN THE D/FW 8-HOUR OZONE NONATTAINMENT AREA D/FW Counties Explanation Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant .......................... VerDate Aug<31>2005 17:15 Jul 10, 2008 Jkt 214001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 See section 117.10(2)(C). E:\FR\FM\11JYP1.SGM 11JYP1 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules 7. What Counties in East and Central Texas will the May 30, 2007 SIP revision affect? 39907 affected by the May 30, 2007 SIP revision. Table 7 below lists the Counties in the East and Central Texas that will be TABLE 7.—COUNTIES PART OF THE EAST AND CENTRAL TEXAS PROVISION OF CHAPTER 117 East and Central Texas counties Explanation Anderson, Brazos, Burleson, Camp, Cass, Cherokee, Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hill, Hopkins, Hunt, Lee, Leon, Limestone, Madison, Marion, Morris, Nacogdoches, Navarro, Panola, Rains, Robertson, Rusk, Shelby, Smith, Titus, Upshur, Van Zandt, and Wood. 8. What is ozone and why do we regulate it? Ozone is a gas composed of three oxygen atoms. Ground level ozone is generally not emitted directly from a vehicle’s exhaust or an industrial smokestack, but is created by a chemical reaction between NOX and VOCs in the presence of sunlight and high ambient temperatures. Thus, ozone is known primarily as a summertime air pollutant. NOX and VOCs are precursors of ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors, chemical solvents and natural sources emit NOX and VOCs. Urban areas tend to have high concentrations of ground-level ozone, but areas without significant industrial activity and with relatively low vehicular traffic are also subject to increased ozone levels because wind carries ozone and its precursors hundreds of miles from their sources. Repeated exposure to ozone pollution may cause lung damage. Even at very low concentrations, ground-level ozone triggers a variety of health problems including aggravated asthma, reduced lung capacity, and increased susceptibility to respiratory illnesses like pneumonia and bronchitis. It can also have detrimental effects on plants and ecosystems. 9. What are NOX? Nitrogen oxides belong to the group of criteria air pollutants. NOX are produced from burning fuels, including gasoline and coal. Nitrogen oxides react with volatile organic compounds (VOC) to form ozone or smog, and are also major components of acid rain. Also see https://www.epa.gov/air/urbanair/nox/. cprice-sewell on PRODPC61 with PROPOSALS 10. What is a SIP? The SIP is a set of air pollution regulations, control strategies, other means or techniques and technical analyses developed by the state, to ensure that the state meets the NAAQS. The SIP is required by Section 110 and other provisions of the Act. These SIPs VerDate Aug<31>2005 17:15 Jul 10, 2008 Jkt 214001 can be extensive, containing state regulations or other enforceable documents and supporting information such as emissions inventories, monitoring networks, and modeling demonstrations. Each state must submit these regulations and control strategies to EPA for approval and incorporation into the Federally-enforceable SIP. Each Federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin. 11. What areas in Texas will today’s rulemaking action affect? The substantive rule revisions we are proposing to approve today mainly affect the D/FW 8-hour ozone nonattainment area. See section 6 of this document. The substantive rule revisions we are proposing to approve today also affect 33 counties in East and Central Texas. See section 7 of this document. If you are in one of these affected areas, you should refer to the Texas NOX rules to determine if and how today’s action will affect you. As stated elsewhere in this document the D/FW 8-hour ozone nonattainment area (Collin, Dallas, Denton, Tarrant, Ellis, Johnson, Kaufman, Parker, and Rockwall Counties) is designated nonattainment, and classified as a moderate 8-hour non-attainment area for ozone. See 69 FR 23857 published April 30, 2004. 12. What is the section 110(l) ‘‘antibacksliding’’ analysis for the May 30, 2007 SIP revision? According to section 110(l) of the Act ‘‘each revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.’’ PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 See section 117.10(14)(B). • The May 2007 SIP submittal includes documentation that the State has met and complied with the reasonable notice and public hearing requirements. The State held public hearings after proper notice and according to the 40 CFR 51.102 requirements. Proper notice included prominent advertisement in the areas affected at least 30 days prior to the dates of the hearings. The hearing notices of intended action were circulated to the public, including interested persons, EPA Region 6, and all applicable local air pollution control agencies. Public hearings were held in Houston, Dallas, Arlington, Midlothian, Longview, and Austin, Texas. The May 2007 SIP submittal contains information to the effect that State has met and complied with the reasonable notice and public hearing requirements. For more information see our SIP Completeness Determination document, prepared in accordance with the Appendix V of 40 CFR 51, made part of the EPA–R06–OAR–2007–0523 docket, and available for public review. Therefore, it is our finding that this revision submitted by Texas under the Act has been adopted by Texas after reasonable notice and public hearing. • The May 2007 SIP submittal requires NOX reductions from sources located outside the D/FW nine-County area. The resulting NOX reductions should assist in bringing the D/FW area into attainment with the 8-hour ozone NAAQS. Sources outside the D/FW nine county area, now regulated by these rules include, gas-fired stationary reciprocating internal combustion engines operating in East Texas (see 117.3310(a) and 117.3010(a)). NOX emissions from these units were not regulated before. These units are located in Texas Counties that are designated as attainment for ozone NAAQS. These Texas Counties are Anderson, Brazos, Burleson, Camp, Cass, Cherokee, Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hill, Hopkins, E:\FR\FM\11JYP1.SGM 11JYP1 39908 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules Hunt, Lee, Leon, Limestone, Madison, Marion, Morris, Nacogdoches, Navarro, Panola, Rains, Robertson, Rusk, Shelby, Smith, Upshur, Van Zandt, and Wood. It is estimated that these revisions will result in 22.4 TPD of NOX reductions. • The May 2007 SIP submittal provides for additional NOX emissions reductions that were not previously a part of the EPA-approved Texas SIP. The May 2007 SIP submittal requires NOX reductions from major sources or major source categories not previously regulated. An example listing of such sources or categories is as follows: stationary diesel engines in the D/FW nine-County area (see 117.410(b)(4)), stationary reciprocating internal combustion engines located in the D/FW nine county area (see 117.410(a) and (b)), metallurgical furnaces (see 117.410(b)(8)), container glass furnaces (see 117.410(b)(10)(A)), and fiberglass furnaces (see 117.410(b)(10)(B) through (D)). These new regulations provide an additional 8.88 tons/day of reductions. • The May 2007 SIP submittal provides for additional NOX emissions reductions that were not previously a part of the EPA-approved Texas SIP. The May 2007 SIP submittal requires NOX reductions from minor sources within the DFW nine county area not previously regulated. See 117.2110(a)(1), and 117.2010(a)(1) and (2). These rules provide additional NOX emissions reductions that were not previously a part of the EPA-approved Texas SIP. See section 15 of this document. • The statewide residential water heater rule was revised due to technical infeasibility which means this rule will achieve slightly less reductions than if the approved rule had proved feasible. We believe this small loss in emission reductions will be offset by other measures. This is further discussed in the Technical Support Document. We have discussed the potential impact of the revised water heater rule in our separate action on the 1997 8-hour ozone attainment demonstration for the D/FW area. In that action we explain how the revisions do not interfere with attainment or maintenance of the NAAQS. For the reasons stated above, the provisions of the May 2007 SIP submittal meet the section 110(l) requirements of the Act. 13. What are the NOX emissions requirements for major point sources in the D/FW area that we are proposing to approve? We approved NOX emissions specifications for stationary sources in 66 FR 15195 published March 16, 2001. In addition to requiring NOX emissions control requirements for those sources, we are proposing to approve the following NOX emissions requirements for the following affected sources with emissions greater than 50 Tons Per Year (TPY) in the D/FW 8-hour ozone nonattainment area. We have included the Chapter 117 citation for each source category in the Table 8 below for reference purposes. TABLE 8.—NOX EMISSIONS SPECIFICATIONS FOR THE D/FW 8-HOUR OZONE NONATTAINMENT AREA NOX limit Additional information Reciprocating Internal Combustion Engines. 2.0 g/hp-hr ............................. Reciprocating Internal Combustion Engines. 0.50 g/hp-hr ........................... 0.60 g/hp-hr ........................... Natural gas, rich burn, capacity ≥ 300 hp, before January 1, 2000, also a 3.0 g/hp-hr limit of CO. Natural gas, rich burn, capacity ≥ 300 hp, on or after January 1, 2000, also a 3.0 g/hphr limit of CO. Gas-fired, rich burn, landfill gas .................... 117.410(a)(9)(B)(ii). Reciprocating Internal Combustion Engines. Reciprocating Internal Combustion Engines. Reciprocating Internal Combustion Engines. Reciprocating Internal Combustion Engines. Reciprocating Internal Combustion Engines. Duct Burners .......................... Duct Burners .......................... 0.50 g/hp-hr ........................... Gas-fired, rich burn, not using landfill gas .... 117.410(b)(4)(A)(ii). 0.70 g/hp-hr ........................... Gas-fired, lean burn, before June 1, 2007, not modified afterwards. Gas-fired, lean burn, landfill gas, on or after June 1, 2007. Dual-fuel ........................................................ 117.410(b)(4)(B)(i). 0.26 lb/MMBtu ....................... 3.7 lb/ton of CaO ................... 3.7 lb/ton of CaO ................... 40% NOX reduction ............... 0.175 lb/ton of product .......... 0.27 lb/ton of product ............ 0.087 lb/MMBtu ..................... Metallurgical Furnaces .......... 0.10 lb/MMBtu ....................... Metallurgical Furnaces .......... 0.45 lb/MMBtu ....................... Incinerators ............................ Incinerators ............................ Container Glass Furnaces ..... 80% NOX reduction ............... 0.030 lb/MMBtu ..................... 4.0 lb/ton of glass pulled ....... Fiberglass Furnaces .............. Fiberglass Furnaces .............. Fiberglass Furnaces .............. Curing Ovens ......................... 4.0 lb/ton product pulled ........ 1.45 lb/ton product pulled ...... 3.1 lb/ton product pulled ........ 0.036 lb/MMBtu ..................... Used in turbine exhausts, rated ≥ 10 MW .... Used in turbine exhausts, 1.0 ( rated < 10 MW. Used in turbine exhausts, rated < 1.0 MW ... Individual kiln basis ....................................... Site-wide basis .............................................. Using daily 2000 calendar year EI ................ As option ....................................................... As option ....................................................... Heat Furnace, March 1–October 31 any year. Reheat Furnace, March 1–October 31 any year. Lead smelting blast cupola and reverberatory. Using real emissions of 2000 EI ................... As option ....................................................... Melting furnace, within 25% of permitted production capacity, or MAER of permit issued before June 1, 2007. Mineral wool, cold-top electric ....................... Mineral wool, regenerative ............................ Mineral wool, non-regenerative ..................... Gas fired, used in mineral wool-type or textile-type fiberglass. 117.410(b)(6). 117.410(b)(6). Duct Burners .......................... Lime Kilns .............................. Lime Kilns .............................. Ceramic and Brick Kilns ........ Brick Kilns .............................. Ceramic Kilns ........................ Metallurgical Furnaces .......... cprice-sewell on PRODPC61 with PROPOSALS Source VerDate Aug<31>2005 17:15 Jul 10, 2008 0.60 g/hp-hr. .......................... 0.50 g/hp-hr ........................... 0.032 lb/MMBtu ..................... 0.15 lb/MMBtu ....................... Jkt 214001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM Citation 11JYP1 117.410(a)(1)(B)(i). 117.410(b)(4)(A)(i). 117.410(b)(4)(B)(ii)(I). 117.410(b)(4)(B)(ii)(II). 117.410(b)(6). 117.410(b)(7)(A)(i). 117.410(b)(7)(A)(ii). 117.410(b)(7)(B)(i). 117.410(b)(7)(B)(ii). 117.410(b)(7)(B)(iii). 117.410(b)(8)(A). 117.410(b)(8)(B). 117.410(b)(8)(C). 1117.410(b)(9)(A). 117.410(b)(9)(B). 117.410(b)(10)(A)(i), or 117.410(b)(10)(A)(ii). 117.410(b)(10)(B). 117.410(b)(10)(C). 117.410(b)(10)(D). 117.410(b)(11). 39909 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules TABLE 8.—NOX EMISSIONS SPECIFICATIONS FOR THE D/FW 8-HOUR OZONE NONATTAINMENT AREA—Continued Source NOX limit Additional information Ovens and Heaters ............... Dryers .................................... 0.036 lb/MMBtu ..................... 0.036 lb/MMBtu ..................... Spray Dryers .......................... 0.15 lb/MMBtu ....................... Natural gas-fired ............................................ Natural gas-fired, used in organic solvent, printing ink, clay, brick, ceramic tile, calcining, and vitrifying processes. Natural gas-fired, used in ceramic tile manufacturing processes. The tables in this document are not intended to be exhaustive, but rather provide a guide for readers regarding NOX control requirements the affected sources are likely to be required to comply with in conjunction with today’s rulemaking action. To determine whether or how your facility would be affected by this particular action, you should refer to the actual text of 30 TAC Chapter 117, and the June 8, 2007 issue of the Texas Register (32 TexReg 3206). We are proposing approval of these NOX emissions specifications under Part D of the Act because their resulting emissions reductions will assist Texas in demonstrating attainment of the 8hour ozone standard in the D/FW 8hour ozone nonattainment area. Therefore, we are proposing approval of these requirements into the Texas SIP. Citation 117.410(b)(12). 117.410(b)(13)(A). 117.410(b)(13)(B). 14. What are the NOX emission requirements for stationary diesel engines in the D/FW area that we are proposing to approve? This SIP revision requires reductions of NOX emissions from stationary diesel engines in the D/FW area. The following Table 9 contains a summary of the NOX emission specifications for stationary diesel engines in the D/FW area. We have included the Chapter 117 citation for each source category in the Table 9 below for convenience purposes. TABLE 9.—NOX EMISSION REQUIREMENTS STATIONARY DIESEL ENGINES FOR THE D/FW 8-HOUR OZONE NONATTAINMENT AREA Source NOX Emission Specification Citation Diesel engines in service before March 1, 2009: not modified, reconstructed, or relocated on or after March 1, 2009. Rated less than 50 hp: modified, installed reconstructed, or relocated on or after March 1, 2009. 50 hp [ rated < 100 hp: modified, installed, reconstructed, or relocated on or after March 1, 2009. 100 hp [ rated < 750 hp: installed, modified, reconstructed, or relocated on or after March 1, 2009. Rated ≥ 750 hp: installed, modified, reconstructed, or relocated on or after March 1, 2009. 11.0 gram/hp-hr .................. 117.410(b)(4)(D). 5.0 gram/hp-hr .................... 117.410(b)(4)(E)(i). 3.3 gram/hp-hr .................... 117.410(b)(4)(E)(ii). 2.8 gram/hp-hr .................... 117.410(b)(4)(E)(iii). 4.5 gram/hp-hr .................... 117.310(b)(4)(E)(iv). We are proposing to approve the above-listed NOX emission requirements for diesel engines because they are in agreement with those found in 40 CFR section 89.112, and EPA’s Document Number 420–R–98–016 dated August 1998, titled ‘‘Final Regulatory Impact Analysis: Control of Emissions from Nonroad Diesel Engines.’’ In addition, the above-listed NOX emission requirements for diesel engines are consistent with those we approved for similar units at Table VI of 66 FR 57230 published on November 14, 2001. We are therefore proposing approval of these NOX emission requirements under Part D of the Act because their resulting emissions reductions will assist Texas in demonstrating attainment of the 8hour ozone standard within the D/FW 8hour ozone nonattainment area. Therefore, we are proposing approval of these requirements into the Texas SIP. 15. What are the emissions specifications for minor sources of NOX in D/FW area that we are proposing to approve? These minor sources include stationary reciprocating internal combustion engines that are not a major source of NOX (emit, when uncontrolled, less than 50 Tons Per Year (TPY) of NOX). See sections 117.2100 and 117.2103 for more information. TABLE 10.—NOX EMISSIONS REQUIREMENTS FOR MINOR SOURCES IN THE D/FW AREA cprice-sewell on PRODPC61 with PROPOSALS Source NOX emission specification Additional information Reciprocating Internal Combustion Engines .. Reciprocating Internal Combustion Engines .. Reciprocating Internal Combustion Engines .. 0.60 g/hp-hr ...... 0.50 g/hp-hr ...... 0.70 g/hp-hr ...... Reciprocating Internal Combustion Engines .. 0.60 g/hp-hr ...... Reciprocating Internal Combustion Engines .. 0.50 g/hp-hr ...... Reciprocating Internal Combustion Engines .. 5.83 g/hp-hr ...... Stationary, rich-burn, using landfill gas-fired Stationary, rich-burn, not landfill gas-fired ..... Stationary, lean-burn, in service before June 1, 2007. Stationary, lean-burn, in service on or after June 1, 2007, using landfill gas. Stationary, lean-burn, in service on or after June 1, 2007, not using landfill gas. Stationary, dual-fuel ....................................... VerDate Aug<31>2005 17:15 Jul 10, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM Citation 11JYP1 117.2110(a)(1)(A)(i). 117.2110(a)(1)(A)(ii). 117.2010(a)(1)(B)(i). 117.2010(a)(1)(B)(i)(I). 117.2010(a)(1)(B)(i)(II). 117.2010(a)(2). 39910 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules As an alternative, a minor source from the Table 10 above located within the D/ FW and having an annual capacity factor of 0.0383 or less may choose emissions specification of 0.060 lb/ MMBtu, instead. See 117.2110(a)(4). The NOX emissions requirements for the above-listed minor sources of NOX and their resulting emissions reductions will assist in demonstrating attainment of the 8-hour ozone NAAQS within the D/FW 8-hour ozone nonattainment area. Therefore, we are proposing approval of these requirements into the Texas NOX SIP. 16. What are the NOX emissions requirements for stationary RICE in East Texas that we are proposing to approve? The gas-fired stationary reciprocating internal combustion engines located in Anderson, Brazos, Burleson, Camp, Cass, Cherokee, Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hill, Hopkins, Hunt, Lee, Leon, Limestone, Madison, Marion, Morris, Nacogdoches, Navarro, Panola, Rains, Robertson, Rusk, Shelby, Smith, Upshur, Van Zandt, or Wood Texas Counties are subject to these requirements. See section 117.3300 for more information. The following Table 11 contains NOX emissions requirements and related information for these affected units. On July 19, 2007 TCEQ announced implementation of Texas Senate Bill 2000, passed in 2007 by the 80th Texas Legislative Session. The Bill directs the TCEQ to develop an incentive grant program for the partial reimbursement of capital costs for installing nonselective catalytic reduction (NSCR) systems to reduce emissions of NOX from existing stationary gas-fired richburn compressor engines. For more information see https:// www.tceq.state.tx.us/implementation/ air/rules/sb2003.html (URL dating July 20, 2007). TABLE 11.—NOX EMISSIONS REQUIREMENTS FOR STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES IN EAST TEXAS Source NOX Emission specification Additional information Reciprocating Internal Combustion Engines .. Reciprocating Internal Combustion Engines .. 1.00 g/hp-hr ...... 0.60 g/hp-hr ...... Reciprocating Internal Combustion Engines .. 0.50 g/hp-hr ...... Rich burn, gas-fired, capacity < 500 hp ........ Rich burn, landfill gas-fired, capacity ≥ 500 hp. Rich burn, not landfill gas-fired, capacity ≥ 500 hp. The NOX emissions requirements for the stationary reciprocating internal combustion engines in East and Central Texas and their resulting emissions reductions will assist in demonstrating attainment of the 8-hour ozone NAAQS within the Houston-Galveston-Brazoria, D/FW, and Beaumont/Port Arthur areas. Furthermore, these reductions will contribute to the continued maintenance of the standard in the eastern half of the State of Texas, and they enhance the Texas SIP. Therefore, we are proposing approval of these requirements into the May 30, 2007 Texas SIP under part D, and sections 110 and 116 of the Act, respectively. Citation 117.3310(a)(1). 117.3010(a)(2)(A). 117.3010(a)(2)(B). 17. What are the compliance schedules for NOX emissions sources that we are proposing to approve? The following Table 12 contains a summary of the NOX-related compliance schedules for major sources, utility generating units, and minor sources affected by the May 30, 2007 SIP revision. See sections 117.9000 through 117.9500 for more information. TABLE 12.—NOX COMPLIANCE SCHEDULES FOR POINT SOURCES UNDER CHAPTER 117 Source Compliance date Additional information Major, D/FW ............... Install all NOX abatement equipment by no later than May 30, 2007. 117.9030(a)(1). Major, D/FW ............... Submit initial control plan per 117.450 by no later than June 1, 2008.. Comply with emissions requirements by no later than March 1, 2009 when source subject to 117.410(b)(1), (2), (4), (5), (6), (7)(A), (10), and (14). Diesel and dual-fuel engines comply with testing and hours of operation for testing and maintenance by no later than March 1, 2009. Gas turbines or IC engines claiming run time exemption comply with the run time requirements by no later than March 1, 2009. Submit initial control plan per 117.1350 by no later than June 1, 2008. Comply with all other requirements by no later than March 1, 2009. Rich-burn, gas-fired stationary RICE comply with NOX requirements by no later than March 1, 2009. Lean-burn, gas-fired stationary RICE comply with NOX requirements by no later than March 1, 2010. Diesel-fired and dual-fuel stationary RICE comply with NOX requirements by no later than March 1, 2009. Updated final control plan per 117.3054 be submitted by no later than January 31, 2007. Increment of Progress (IOP) requirement. 8-hour attainment demonstration. Requirement ............. Utility electric generation sources. 117.9130(a)(1) and (2). RICE fired with different fuel types. 117.9210. Utility electric generation sources. 117.9300(2)(B). cprice-sewell on PRODPC61 with PROPOSALS D/FW ........................... Minor, D/FW ............... East and Central Texas. VerDate Aug<31>2005 17:15 Jul 10, 2008 Jkt 214001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\11JYP1.SGM 11JYP1 Citation 117.9030(b). 39911 Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules TABLE 12.—NOX COMPLIANCE SCHEDULES FOR POINT SOURCES UNDER CHAPTER 117—Continued Source Compliance date Additional information East Texas .................. Stationary RICE comply with NOX requirements by no later than March 1, 2010. East Texas combustion sources. Including these compliance dates, summarized in Table 12 above, in the rule provides for enforceability and practicability of the NOX rule, and enhances the May 30, 2007 Texas SIP; therefore, we are proposing their approval into the May 30, 2007 Texas SIP. cprice-sewell on PRODPC61 with PROPOSALS III. Proposed Actions Today, we are proposing to approve revisions to the 30 TAC Chapter 117 into the Texas SIP. This rulemaking covers four separate actions. First, we are proposing to approve the repeal of all non-substantive changes to the SIP’s Chapter 117 rules and the reformatting of current Chapter 117 because the reformatted revision will better accommodate future additions/revisions to the rules. Second, we are proposing to approve substantive revisions to the current NOX SIP’s Chapter 117 rules for D/FW NOX major point sources. Third, we are proposing to approve substantive revisions to the current Texas SIP’s Chapter 117 rules for D/FW minor sources of NOX. Fourth, we are proposing to approve substantive revisions to the current Texas SIP’s Chapter 117 rules for combustion sources in East Texas. These NOX reductions will assist the D/FW area in attaining the 8-hour ozone NAAQS. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); VerDate Aug<31>2005 17:15 Jul 10, 2008 Jkt 214001 • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. Authority: 42 U.S.C. 7401 et seq. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Nitrogen oxide, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 1, 2008. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. E8–15814 Filed 7–10–08; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Citation 117.9340(a). ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2007–1147; FRL–8690–4] Approval and Promulgation of Implementation Plans; Texas; Control of Emissions of Nitrogen Oxides (NOX) From Cement Kilns Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The EPA is proposing approval of revisions to the Texas State Implementation Plan (SIP). The State of Texas submitted this SIP revision to the 30 TAC Chapter 117 to us on May 30, 2007 (May 30, 2007 submittal) concerning control of emissions of NOX from cement kilns operating in Bexar, Comal, Ellis, Hays, and McLennan Counties of Texas. We are proposing to approve the cement kilns provisions of the May 30, 2007 submittal for cement kilns operating in these five Texas Counties. We are also proposing to approve the May 30, 2007 submittal as meeting the Reasonably Available Control Technology (RACT) requirements for NOX emissions from cement kilns operating in the Dallas Fort Worth (D/FW) 8-hour ozone nonattainment area. The NOX emissions controls associated with this SIP revision will assist the D/FW area to attain the Federal 8-hour ozone National Ambient Air Quality Standards (NAAQS). We are proposing approval of this action as meeting sections 110 and 182 of the Federal Clean Air Act (the Act). Comments must be received on or before August 11, 2008. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2007–1147, 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: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also DATES: E:\FR\FM\11JYP1.SGM 11JYP1

Agencies

[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Proposed Rules]
[Pages 39900-39911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15814]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0523; FRL-8690-5]


Approval and Promulgation of Implementation Plans; Texas; Control 
of Emissions of Nitrogen Oxides (NOX) From Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing approval of rules for the control of 
NOX emissions into the Texas State Implementation Plan 
(SIP). The Texas

[[Page 39901]]

Commission on Environmental Quality (TCEQ) submitted this revision to 
the SIP to us on May 30, 2007 (May 30, 2007 SIP revision). The May 30, 
2007 SIP revision is a substantive and non-substantive recodification 
and reformatting of the NOX rules currently approved in the 
Texas SIP. This revision also includes a part of the NOX 
reductions needed for the Dallas/Forth Worth (D/FW) area to attain the 
Federal 8-hour ozone National Ambient Air Quality Standard (NAAQS). 
This rulemaking covers four separate actions. First, we are proposing 
to approve the repeal of the current Chapter 117 rules that correspond 
to the non-substantive new rules and the revised and reformatted rules 
because the reformatted revision will better accommodate future 
additions/revisions to the rules. See section 1 of this document. 
Second, we are proposing to approve revisions to the Texas SIP that add 
new controls for the D/FW major NOX point sources. We are 
not, however, taking action on the Texas rules for cement plants in 
this document. The rules for cement plants are being evaluated in a 
separate Federal Register document. See sections 5, 6, 13, and 14 of 
this document. Third, we are proposing to approve revisions to the 
Texas SIP that add new controls for D/FW minor NOX sources. 
See section 15 of this document. Fourth, we are proposing to approve 
revisions to the Texas SIP that add new controls for combustion sources 
in East Texas. See section 16 of this document. These NOX 
reductions will assist the D/FW area to attain the 8-hour ozone NAAQS. 
We are proposing approval of these actions as meeting the requirements 
of section 110 and part D of the Federal Clean Air Act (the Act).

DATES: Comments must be received on or before August 11, 2008.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0523, 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: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 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-
2007-0523. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through www.regulations.gov or e-mail that you consider to be CBI or 
otherwise protected from disclosure. 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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Section 
(6PD-L), 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 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 75202-
2733.
    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, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6691, fax 
(214) 665-7263, e-mail address shar.alan @epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

I. General Information

What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
www.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 Code of Federal Regulations (CFR) part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).

[[Page 39902]]

     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a CFR part or 
section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

Table of Contents

1. What are we proposing to approve?
2. What is the relationship between the May 30, 2007 SIP revision 
and the ozone attainment demonstration plan for the D/FW?
3. What sections of the May 30, 2007, SIP revision will become part 
of Texas SIP?
4. What sections of the May 30, 2007, SIP revision will not become 
part of Texas SIP?
5. What sections of the May 30, 2007, SIP revision are we not acting 
upon in this proposal?
6. What Counties in the D/FW area will the May 30, 2007, SIP 
revision affect?
7. What Counties in East and Central Texas will the May 30, 2007, 
SIP revision affect?
8. What is Ozone and why do we regulate it?
9. What are NOX?
10. What is a SIP?
11. What areas in Texas will today's rulemaking action affect?
12. What is the section 110(l) ``anti-backsliding'' analysis for the 
May 30, 2007 SIP revision?
13. What are the NOX emissions requirements for point 
sources in the D/FW area that we are proposing to approve?
14. What are the NOX emission requirements for stationary 
diesel engines in the D/FW area that we are proposing to approve?
15. What are the NOX emissions specifications for minor 
sources of NOX in the D/FW area that we are proposing to 
approve?
16. What are the NOX emissions requirements for 
stationary reciprocating internal combustion engines (RICE) in East 
Texas that we are proposing to approve?
17. What are the compliance schedules for NOX emissions 
sources that we are proposing to approve?

1. What are we proposing to approve?

    On May 30, 2007, TCEQ submitted rule revisions to 30 TAC, Chapter 
117, ``Control of Air Pollution from Nitrogen Compounds,'' as a 
revision to the Texas SIP for point sources of NOX (May 30, 
2007 SIP revision). The State of Texas submitted the May 30, 2007 SIP 
revision to us, to, among other things, provide a portion of the 
NOX reductions needed for the D/FW area to attain the 
Federal 8-hour ozone NAAQS. We are taking four separate actions in this 
rulemaking action.
    First, these revisions involve repealing the current Chapter 117 
rules, and simultaneously proposing to approve into the Texas SIP, a 
new reformatted Chapter 117. We are proposing to approve the repeal of 
the current Chapter 117, and the recodification and reformatting of 
Chapter 117 because the reformatted revision will better accommodate 
future additions/revisions to the rules and will maintain consistency 
between the State rules and Federal SIP. We are proposing to approve 
all of the non-substantive reformatted, restructured, renumbered, 
reorganized, and administrative revisions to the wording of Chapter 117 
into Texas SIP. We want to clarify that the specifically identified 
rules do not make any changes to the substance of the rules that we 
previously approved into the Texas SIP, Chapter 117. By approving the 
repeal of the current Texas SIP, Chapter 117's rules we are making it 
clear that the new rules replace the previous rules in their entirety. 
We are proposing to approve these non-substantive reformatted, 
restructured, renumbered, reorganized, and administrative revisions to 
the wording of Chapter 117 under section 110 and part D of the Act. For 
a full list of affected sections see section 3 of this document.
    Second, we are proposing to approve revisions to the D/FW 
NOX major point source rules. See sections 5, 6, 13, and 14 
of this document. Sections 117.410(a), 117.410(b) and 117.310(b) 
contain substantive changes in the reformatted Chapter 117 rules that 
result in additional NOX reductions. These reductions were 
not previously a part of EPA-approved Texas SIP, Chapter 117.
    Third, we are proposing to approve revisions to the D/FW minor 
source rules for the control of NOX. See section 15 of this 
document. Sections 117.2010(a) and 117.2110(a) contain substantive 
changes in the reformatted Chapter 117 rules that result in additional 
NOX reductions which will help the DFW area to attain the 
1997 8-hour ozone standard. These reductions were not previously a part 
of EPA-approved Texas SIP, Chapter 117.
    Fourth, we are proposing to approve revisions to the rules for the 
control of NOX emissions from combustion sources in East 
Texas. See section 16 of this document. Sections 117.3310(a) and 
117.3010(a) contain substantive changes in the reformatted Chapter 117 
rules that result in 22.4 Tons Per Day (TPD) of cumulative 
NOX reductions. These reductions were not previously a part 
of EPA-approved Texas SIP, Chapter 117.
    Tables 1 and 2 list the section of the Texas rules with significant 
modifications and minor substantive modifications, respectively. Since 
Texas has reformatted and recodified the rule, the remaining sections 
of Chapter 117 are affected by this revision in nonsubstantive ways. 
Table 3 lists all of the sections that are impacted by this revision 
both in substantive and in nonsubstantive ways.
    Table 1 contains a list of the sections of Chapter 117 with 
significant modifications. Also see Figure 1 of 30 TAC Chapter 117 at 
31 Texas Register 10899, published December 29, 2006.

 Table 1.--Description and Sections of 30 TAC, Chapter 117 Proposed for
                              Modification
------------------------------------------------------------------------
               Description                            Section
------------------------------------------------------------------------
Subchapter A: Definitions...............  117.10(2), 117.10(14),
                                           117.10(24), 117.10(29),
                                           117.10(44), and 117.10(51).
Subchapter B, Division 4, Dallas-Fort     117.400-117.456.
 Worth Eight Hour Ozone Nonattainment
 Area Major Sources.
Removal from Subchapter B, Division 2     117.200(b).
 after compliance date for Division 4.
Subchapter C, Division 4, Dallas-Fort     117.1300-117.1356.
 Worth Eight Hour Ozone Nonattainment
 Area Utility Electric Generation
 Sources.
Removal from Subchapter C, Division 2     117.1100(c)
 after compliance date for Division 4.
Subchapter D, Division 2, Dallas-Fort     117.2100-117.2145.
 Worth Eight Hour Ozone Nonattainment
 Area Minor Sources.

[[Page 39903]]

 
Subchapter E: Multi-Region Combustion     117.3300-117.3345.
 Control, Division 4, East Texas
 Combustion.
Subchapter H: Administrative Provisions,  117.9030, 117.9130, 117.9210,
 Division 1, Compliance Schedules.         117.9320, and 117.9340.
------------------------------------------------------------------------

    The following Table 2 contains a list of changes to existing 
Chapter 117 language that are minor in nature. Also see Figure 1 of 30 
TAC Chapter 117 at 31 Texas Register 10900, published December 29, 
2006.

  Table 2.--Description and Sections of 30 TAC, Chapter 117 With Minor
                                 Changes
------------------------------------------------------------------------
               Description                            Section
------------------------------------------------------------------------
Add equation for oxygen correction of     117.10(35).
 pollutant concentration.
Update utility boiler definition and      117.10(52), 117.1000,
 utility electric generation rules         117.1100, and 117.1200.
 applicability consistent with East and
 Central Texas utility rules.
Update emergency fuel oil exemption to    117.1003(c), 117.1103(c), and
 include only appropriate reliability      117.1203(c).
 councils.
Include list of ammonia methods in test   117.8000(c).
 methods procedures.
Allow major sources to petition ED for    117.8000(b)
 shorter test times.
Change references of ``upsets'' to        117.123(k), 117.223(k),
 ``emissions events.''                     117.323(k), 117.1020(k),
                                           117.1120(k), and 117.1220(k).
Clarify system cap equations to allow     117.320(c).
 for adjustment period after startup.
Additional data substitution option for   117.340(c).
 major sources subject to MECT.
Expand engine low use requirement from    117.8140(b).
 quarterly testing to BPA and D/FW.
Update references to 101.222 to be        101.222, 117.145(a),
 consistent with current.                  117.245(a), 117.345(a),
                                           117.1045(a), 117.1145(a),
                                           117.1245(a), and 117.3045(a).
Clarify compliance schedule for           117.9020(2)(B).
 industrial EGFs to submit level of
 activity information.
------------------------------------------------------------------------

    For more details on each of these actions, you can refer to our 
Technical Support Document (TSD) developed in conjunction with this 
rulemaking action. We are proposing to approve revisions to 30 TAC, 
Chapter 117, described above as actions one through four, because these 
revisions to 30 TAC Chapter 117 will enhance the Texas SIP for 
controlling NOX emissions from stationary sources and the 
NOX emission reductions will assist the D/FW area to attain 
the 1997 8-hour ozone NAAQS. Furthermore, approving the non-substantive 
changes will maintain consistency between the State rules and Federal 
SIP.

2. What is the relationship between the May 30, 2007 SIP revision and 
the ozone attainment demonstration plan for the D/FW?

    The resulting emissions reductions of NOX, an ozone 
precursor, from this SIP revision will assist in bringing the D/FW area 
into attainment with the 8-hour ozone NAAQS, and help with the 
maintenance of the ozone NAAQS in the East and Central parts of the 
State. We will be reviewing the 8-hour ozone attainment demonstration 
plan in a separate rulemaking action.

3. What sections of the May 30, 2007, SIP revision will become part of 
Texas SIP?

    Table 3 below contains a summary list of the sections of 30 TAC, 
Chapter 117 that Texas submitted on May 30, 2007, for point sources of 
NOX that we are proposing become part of the Texas SIP. 
Table 3 includes both the sections with substantive changes and the 
nonsubstantive changes.

  Table 3.--Section Numbers and Section Descriptions of 30 TAC, Chapter
        117 Affected by the May 30, 2007, Proposed Rule Revision
------------------------------------------------------------------------
             Section No.                          Description
------------------------------------------------------------------------
Section 117.10.......................  Definitions.
Section 117.100......................  Applicability.
Section 117.103......................  Exemptions.
Section 117.105......................  Emission Specifications for
                                        Reasonably Available Control
                                        Technology (RACT).
Section 117.110......................  Emission Specifications for
                                        Attainment Demonstration.
Section 117.115......................  Alternative Plant-Wide Emission
                                        Specifications.
Section 117.123......................  Source Cap.
Section 117.130......................  Operating Requirements.
Section 117.135......................  Initial Demonstration of
                                        Compliance.
Section 117.140......................  Continuous Demonstration of
                                        Compliance.
Section 117.145......................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.150......................  Initial Control Plan Procedures.
Section 117.152......................  Final Control Plan Procedures for
                                        Reasonably Available Control
                                        Technology.
Section 117.154......................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.
Section 117.156......................  Revision of Final Control Plan.
Section 117.200......................  Applicability.
Section 117.203......................  Exemptions.
Section 117.205......................  Emission Specifications for
                                        Reasonably Available Control
                                        Technology (RACT).

[[Page 39904]]

 
Section 117.210......................  Emission Specifications for
                                        Attainment Demonstration.
Section 117.215......................  Alternative Plant-Wide Emission
                                        Specifications.
Section 117.223......................  Source Cap.
Section 117.230......................  Operating Requirements.
Section 117.235......................  Initial Demonstration of
                                        Compliance.
Section 117.240......................  Continuous Demonstration of
                                        Compliance.
Section 117.245......................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.252......................  Final Control Plan Procedures for
                                        Reasonably Available Control
                                        Technology.
Section 117.254......................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.
Section 117.256......................  Revision of Final Control Plan.
Section 117.300......................  Applicability.
Section 117.303......................  Exemptions.
Section 117.305......................  Emission Specifications for
                                        Reasonably Available Control
                                        Technology (RACT).
Section 117.310......................  Emission Specifications for
                                        Attainment Demonstration.
Section 117.315......................  Alternative Plant-Wide Emission
                                        Specifications.
Section 117.320......................  System Cap.
Section 117.323......................  Source Cap.
Section 117.330......................  Operating Requirements.
Section 117.335......................  Initial Demonstration of
                                        Compliance.
Section 117.340......................  Continuous Demonstration of
                                        Compliance.
Section 117.345......................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.350......................  Initial Control Plan Procedures.
Section 117.352......................  Final Control Plan Procedures for
                                        Reasonably Available Control
                                        Technology.
Section 117.354......................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.
Section 117.356......................  Revision of Final Control Plan.
Section 117.400......................  Applicability.
Section 117.403......................  Exemptions.
Section 117.410......................  Emission Specifications for Eight-
                                        Hour Attainment Demonstration.
Section 117.423......................  Source Cap.
Section 117.430......................  Operating Requirements.
Section 117.435......................  Initial Demonstration of
                                        Compliance.
Section 117.440......................  Continuous Demonstration of
                                        Compliance.
Section 117.445......................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.450......................  Initial Control Plan Procedures.
Section 117.454......................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.
Section 117.456......................  Revision of Final Control Plan.
Section 117.1000.....................  Applicability.
Section 117.1003.....................  Exemptions.
Section 117.1005.....................  Emission Specifications for
                                        Reasonably Available Control
                                        Technology (RACT).
Section 117.1010.....................  Emission Specifications for
                                        Attainment Demonstration.
Section 117.1015.....................  Alternative System-Wide Emission
                                        Specifications.
Section 117.1020.....................  System Cap.
Section 117.1035.....................  Initial Demonstration of
                                        Compliance.
Section 117.1040.....................  Continuous Demonstration of
                                        Compliance.
Section 117.1045.....................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.1052.....................  Final Control Plan Procedures for
                                        Reasonably Available Control
                                        Technology.
Section 117.1054.....................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.
Section 117.1056.....................  Revision of Final Control Plan.
Section 117.1100.....................  Applicability.
Section 117.1103.....................  Exemptions.
Section 117.1105.....................  Emission Specifications for
                                        Reasonably Available Control
                                        Technology (RACT).
Section 117.1110.....................  Emission Specifications for
                                        Attainment Demonstration.
Section 117.1115.....................  Alternative System-Wide Emission
                                        Specifications.
Section 117.1120.....................  System Cap.
Section 117.1135.....................  Initial Demonstration of
                                        Compliance.
Section 117.1140.....................  Continuous Demonstration of
                                        Compliance.
Section 117.1145.....................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.1152.....................  Final Control Plan Procedures for
                                        Reasonably Available Control
                                        Technology.
Section 117.1154.....................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.
Section 117.1156.....................  Revision of Final Control Plan.
Section 117.1200.....................  Applicability.
Section 117.1203.....................  Exemptions.
Section 117.1205.....................  Emission Specifications for
                                        Reasonably Available Control
                                        Technology (RACT).
Section 117.1210.....................  Emission Specifications for
                                        Attainment Demonstration.
Section 117.1215.....................  Alternative System-Wide Emission
                                        Specifications.
Section 117.1220.....................  System Cap.
Section 117.1235.....................  Initial Demonstration of
                                        Compliance.
Section 117.1240.....................  Continuous Demonstration of
                                        Compliance.
Section 117.1245.....................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.1252.....................  Final Control Plan Procedures for
                                        Reasonably Available Control
                                        Technology.
Section 117.1254.....................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.

[[Page 39905]]

 
Section 117.1256.....................  Revision of Final Control Plan.
Section 117.1300.....................  Applicability.
Section 117.1303.....................  Exemptions.
Section 117.1310.....................  Emission Specifications for Eight-
                                        Hour Attainment Demonstration.
Section 117.1335.....................  Initial Demonstration of
                                        Compliance.
Section 117.1340.....................  Continuous Demonstration of
                                        Compliance.
Section 117.1345.....................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.1350.....................  Initial Control Plan Procedures.
Section 117.1354.....................  Final Control Plan Procedures for
                                        Attainment Demonstration
                                        Emission Specifications.
Section 117.1356.....................  Revision of Final Control Plan.
Section 117.2000.....................  Applicability.
Section 117.2003.....................  Exemptions.
Section 117.2010.....................  Emission Specifications.
Section 117.2030.....................  Operating Requirements.
Section 117.2035.....................  Monitoring and Testing
                                        Requirements.
Section 117.2045.....................  Recordkeeping and Reporting
                                        Requirements.
Section 117.2100.....................  Applicability.
Section 117.2103.....................  Exemptions.
Section 117.2110.....................  Emission Specifications for Eight-
                                        Hour Attainment Demonstration.
Section 117.2130.....................  Operating Requirements.
Section 117.2135.....................  Monitoring, Notification, and
                                        Testing Requirements.
Section 117.2145.....................  Recordkeeping and Reporting
                                        Requirements.
Section 117.3000.....................  Applicability.
Section 117.3003.....................  Exemptions.
Section 117.3005.....................  Gas-Fired Steam Generation.
Section 117.3010.....................  Emission Specifications.
Section 117.3020.....................  System Cap.
Section 117.3035.....................  Initial Demonstration of
                                        Compliance.
Section 117.3040.....................  Continuous Demonstration of
                                        Compliance.
Section 117.3045.....................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.3054.....................  Final Control Plan Procedures.
Section 117.3056.....................  Revision of Final Control Plan.
Section 117.3200.....................  Applicability.
Section 117.3201.....................  Definitions.
Section 117.3203.....................  Exemptions.
Section 117.3205.....................  Emission Specifications.
Section 117.3210.....................  Certification Requirements.
Section 117.3215.....................  Notification and Labeling
                                        Requirements.
Section 117.3300.....................  Applicability.
Section 117.3303.....................  Exemptions.
Section 117.3310.....................  Emission Specifications for Eight-
                                        Hour Attainment Demonstration.
Section 117.3330.....................  Operating Requirements.
Section 117.3335.....................  Monitoring, Notification, and
                                        Testing Requirements.
Section 117.3345.....................  Recordkeeping and Reporting
                                        Requirements.
Section 117.4000.....................  Applicability.
Section 117.4005.....................  Emission Specifications.
Section 117.4025.....................  Alternative Case Specific
                                        Specifications.
Section 117.4035.....................  Initial Demonstration of
                                        Compliance.
Section 117.4040.....................  Continuous Demonstration of
                                        Compliance.
Section 117.4045.....................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.4050.....................  Control Plan Procedures.
Section 117.4100.....................  Applicability.
Section 117.4105.....................  Emission Specifications.
Section 117.4125.....................  Alternative Case Specific
                                        Specifications.
Section 117.4135.....................  Initial Demonstration of
                                        Compliance.
Section 117.4140.....................  Continuous Demonstration of
                                        Compliance.
Section 117.4145.....................  Notification, Recordkeeping, and
                                        Reporting Requirements.
Section 117.4150.....................  Control Plan Procedures.
Section 117.4200.....................  Applicability.
Section 117.4205.....................  Emission Specifications.
Section 117.4210.....................  Applicability of Federal New
                                        Source Performance Standards.
Section 117.8000.....................  Stack Testing Requirements.
Section 117.8010.....................  Compliance Stack Test Reports.
Section 117.8100.....................  Emission Monitoring System
                                        Requirements for Industrial,
                                        Commercial, and Institutional
                                        Sources.
Section 117.8110.....................  Emission Monitoring System
                                        Requirements for Utility
                                        Electric Generation Sources.
Section 117.8120.....................  Carbon Monoxide (CO) Monitoring.
Section 117.8130.....................  Ammonia Monitoring.
Section 117.8140.....................  Emission Monitoring for Engines.
Section 117.9000.....................  Compliance Schedule for Beaumont-
                                        Port Arthur Ozone Nonattainment
                                        Area Major Sources.
Section 117.9010.....................  Compliance Schedule for Dallas-
                                        Fort Worth Ozone Nonattainment
                                        Area Major Sources.
Section 117.9020.....................  Compliance Schedule for Houston-
                                        Galveston-Brazoria Ozone
                                        Nonattainment Area Major
                                        Sources.

[[Page 39906]]

 
Section 117.9030.....................  Compliance Schedule for Dallas-
                                        Fort Worth Eight-Hour Ozone
                                        Nonattainment Area Major
                                        Sources.
Section 117.9100.....................  Compliance Schedule for Beaumont-
                                        Port Arthur Ozone Nonattainment
                                        Area Utility Electric Generation
                                        Sources.
Section 117.9110.....................  Compliance Schedule for Dallas-
                                        Fort Worth Ozone Nonattainment
                                        Area Utility Electric Generation
                                        Sources.
Section 117.9120.....................  Compliance Schedule for Houston-
                                        Galveston-Brazoria Ozone
                                        Nonattainment Area Utility
                                        Electric Generation Sources.
Section 117.9130.....................  Compliance Schedule for Dallas-
                                        Fort Worth Eight-Hour Ozone
                                        Nonattainment Area Utility
                                        Electric Generation Sources.
Section 117.9200.....................  Compliance Schedule for Houston-
                                        Galveston-Brazoria Ozone
                                        Nonattainment Area Minor
                                        Sources.
Section 117.9210.....................  Compliance Schedule for Dallas-
                                        Fort Worth Eight-Hour Ozone
                                        Nonattainment Area Minor
                                        Sources.
Section 117.9300.....................  Compliance Schedule for Utility
                                        Electric Generation in East and
                                        Central Texas.
Section 117.9340.....................  Compliance Schedule for East
                                        Texas Combustion.
Section 117.9500.....................  Compliance Schedule for Nitric
                                        Acid and Adipic Acid
                                        Manufacturing Sources.
Section 117.9800.....................  Use of Emission Credits for
                                        Compliance.
Section 117.9810.....................  Use of Emission Reductions
                                        Generated from the Texas
                                        Emissions Reduction Plan (TERP).
------------------------------------------------------------------------

    You can find the entire TCEQ Chapter 117 rules at: https://
www.tceq.state.tx.us/rules/indxpdf.html#117.
    For a detailed discussion of each of the above changes and why EPA 
believes they should be approved see the Technical Support Document for 
this action.

4. What sections of the May 30, 2007, SIP revision will not become part 
of the Texas SIP?

    Per TCEQ's request the following sections, listed in Table 4 below, 
of the May 30, 2007, SIP revision will not become a part of the EPA-
approved Texas SIP. These rules mainly pertain to the control of 
ammonia or carbon monoxide emissions which are not ozone precursors and 
therefore, these rules are not necessary components of the Texas SIP. 
The rules listed in Table 4 are not already in the current Texas SIP 
and EPA continues to agree with Texas that these rules can remain 
outside the SIP.

     Table 4.--Sections of Chapter 117 Not in EPA-Approved Texas SIP
------------------------------------------------------------------------
                 Section No.                          Explanation
------------------------------------------------------------------------
117.110(c), 117.125, 117.210(c), 117.225,      Not a part of EPA-
 117.310(c), 117.325, 117.410(d), 117.425,      approved Texas SIP and
 117.1010(b), 117.1025, 117.1110(b),            TCEQ continues to ask
 117.1125, 117.1210(b), 117.1225,               that these rules remain
 117.1310(b), 117.1325, 117.2010(i),            outside the SIP.
 117.2025, 117.2110(h), 117.2125,
 117.3010(e), 117.3025, 117.3123(f),
 117.3125, 117.3310(e), and 117.3325.
------------------------------------------------------------------------

    Although the above sections of 30 TAC Chapter 117 are not to become 
a part of the Texas SIP they will continue to remain enforceable at the 
State level.

5. What sections of the May 30, 2007 SIP revision are we not acting 
upon in this proposal?

    We are not evaluating the cement kiln related sections of the May 
30, 2007 SIP revision, in this document. See Table 5 below. We will 
review and act upon the cement kiln related sections of the May 30, 
2007 SIP revision in a separate rulemaking action.

Table 5.--Sections of Chapter 117 Not Being Evaluated in This Rulemaking
------------------------------------------------------------------------
                 Section No.                          Explanation
------------------------------------------------------------------------
117.3100, 117.3101, 117.3103, 117.3110,        Cement kiln related, not
 117.3120, 117.3123, 117.3125, 117.3140,        evaluating in this
 117.3142, and 117.3145.                        rulemaking action.
------------------------------------------------------------------------

6. What Counties in the D/FW area will the May 30, 2007 SIP revision 
affect?

    Table 6 below lists the Counties in the D/FW 8-hour ozone 
nonattainment area that will be affected by the May 30, 2007 SIP 
revision.

  Table 6.--Texas counties in the D/FW 8-Hour Ozone Nonattainment Area
------------------------------------------------------------------------
                D/FW Counties                         Explanation
------------------------------------------------------------------------
Collin, Dallas, Denton, Ellis, Johnson,        See section 117.10(2)(C).
 Kaufman, Parker, Rockwall, and Tarrant.
------------------------------------------------------------------------


[[Page 39907]]

7. What Counties in East and Central Texas will the May 30, 2007 SIP 
revision affect?

    Table 7 below lists the Counties in the East and Central Texas that 
will be affected by the May 30, 2007 SIP revision.

   Table 7.--Counties Part of the East and Central Texas Provision of
                               Chapter 117
------------------------------------------------------------------------
       East and Central Texas counties                Explanation
------------------------------------------------------------------------
Anderson, Brazos, Burleson, Camp, Cass,        See section
 Cherokee, Franklin, Freestone, Gregg,          117.10(14)(B).
 Grimes, Harrison, Henderson, Hill, Hopkins,
 Hunt, Lee, Leon, Limestone, Madison, Marion,
 Morris, Nacogdoches, Navarro, Panola, Rains,
 Robertson, Rusk, Shelby, Smith, Titus,
 Upshur, Van Zandt, and Wood.
------------------------------------------------------------------------

8. What is ozone and why do we regulate it?

    Ozone is a gas composed of three oxygen atoms. Ground level ozone 
is generally not emitted directly from a vehicle's exhaust or an 
industrial smokestack, but is created by a chemical reaction between 
NOX and VOCs in the presence of sunlight and high ambient 
temperatures. Thus, ozone is known primarily as a summertime air 
pollutant. NOX and VOCs are precursors of ozone. Motor 
vehicle exhaust and industrial emissions, gasoline vapors, chemical 
solvents and natural sources emit NOX and VOCs. Urban areas 
tend to have high concentrations of ground-level ozone, but areas 
without significant industrial activity and with relatively low 
vehicular traffic are also subject to increased ozone levels because 
wind carries ozone and its precursors hundreds of miles from their 
sources.
    Repeated exposure to ozone pollution may cause lung damage. Even at 
very low concentrations, ground-level ozone triggers a variety of 
health problems including aggravated asthma, reduced lung capacity, and 
increased susceptibility to respiratory illnesses like pneumonia and 
bronchitis. It can also have detrimental effects on plants and 
ecosystems.

9. What are NOX?

    Nitrogen oxides belong to the group of criteria air pollutants. 
NOX are produced from burning fuels, including gasoline and 
coal. Nitrogen oxides react with volatile organic compounds (VOC) to 
form ozone or smog, and are also major components of acid rain. Also 
see https://www.epa.gov/air/urbanair/nox/.

10. What is a SIP?

    The SIP is a set of air pollution regulations, control strategies, 
other means or techniques and technical analyses developed by the 
state, to ensure that the state meets the NAAQS. The SIP is required by 
Section 110 and other provisions of the Act. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emissions inventories, monitoring 
networks, and modeling demonstrations. Each state must submit these 
regulations and control strategies to EPA for approval and 
incorporation into the Federally-enforceable SIP. Each Federally-
approved SIP protects air quality primarily by addressing air pollution 
at its point of origin.

11. What areas in Texas will today's rulemaking action affect?

    The substantive rule revisions we are proposing to approve today 
mainly affect the D/FW 8-hour ozone nonattainment area. See section 6 
of this document. The substantive rule revisions we are proposing to 
approve today also affect 33 counties in East and Central Texas. See 
section 7 of this document. If you are in one of these affected areas, 
you should refer to the Texas NOX rules to determine if and 
how today's action will affect you.
    As stated elsewhere in this document the D/FW 8-hour ozone 
nonattainment area (Collin, Dallas, Denton, Tarrant, Ellis, Johnson, 
Kaufman, Parker, and Rockwall Counties) is designated nonattainment, 
and classified as a moderate 8-hour non-attainment area for ozone. See 
69 FR 23857 published April 30, 2004.

12. What is the section 110(l) ``anti-backsliding'' analysis for the 
May 30, 2007 SIP revision?

    According to section 110(l) of the Act ``each revision to an 
implementation plan submitted by a State under this Act shall be 
adopted by such State after reasonable notice and public hearing. The 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in section 171), or any 
other applicable requirement of this Act.''
     The May 2007 SIP submittal includes documentation that the 
State has met and complied with the reasonable notice and public 
hearing requirements. The State held public hearings after proper 
notice and according to the 40 CFR 51.102 requirements. Proper notice 
included prominent advertisement in the areas affected at least 30 days 
prior to the dates of the hearings. The hearing notices of intended 
action were circulated to the public, including interested persons, EPA 
Region 6, and all applicable local air pollution control agencies. 
Public hearings were held in Houston, Dallas, Arlington, Midlothian, 
Longview, and Austin, Texas. The May 2007 SIP submittal contains 
information to the effect that State has met and complied with the 
reasonable notice and public hearing requirements. For more information 
see our SIP Completeness Determination document, prepared in accordance 
with the Appendix V of 40 CFR 51, made part of the EPA-R06-OAR-2007-
0523 docket, and available for public review. Therefore, it is our 
finding that this revision submitted by Texas under the Act has been 
adopted by Texas after reasonable notice and public hearing.
     The May 2007 SIP submittal requires NOX 
reductions from sources located outside the D/FW nine-County area. The 
resulting NOX reductions should assist in bringing the D/FW 
area into attainment with the 8-hour ozone NAAQS. Sources outside the 
D/FW nine county area, now regulated by these rules include, gas-fired 
stationary reciprocating internal combustion engines operating in East 
Texas (see 117.3310(a) and 117.3010(a)). NOX emissions from 
these units were not regulated before. These units are located in Texas 
Counties that are designated as attainment for ozone NAAQS. These Texas 
Counties are Anderson, Brazos, Burleson, Camp, Cass, Cherokee, 
Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hill, Hopkins,

[[Page 39908]]

Hunt, Lee, Leon, Limestone, Madison, Marion, Morris, Nacogdoches, 
Navarro, Panola, Rains, Robertson, Rusk, Shelby, Smith, Upshur, Van 
Zandt, and Wood. It is estimated that these revisions will result in 
22.4 TPD of NOX reductions.
     The May 2007 SIP submittal provides for additional 
NOX emissions reductions that were not previously a part of 
the EPA-approved Texas SIP. The May 2007 SIP submittal requires 
NOX reductions from major sources or major source categories 
not previously regulated. An example listing of such sources or 
categories is as follows: stationary diesel engines in the D/FW nine-
County area (see 117.410(b)(4)), stationary reciprocating internal 
combustion engines located in the D/FW nine county area (see 117.410(a) 
and (b)), metallurgical furnaces (see 117.410(b)(8)), container glass 
furnaces (see 117.410(b)(10)(A)), and fiberglass furnaces (see 
117.410(b)(10)(B) through (D)). These new regulations provide an 
additional 8.88 tons/day of reductions.
     The May 2007 SIP submittal provides for additional 
NOX emissions reductions that were not previously a part of 
the EPA-approved Texas SIP. The May 2007 SIP submittal requires 
NOX reductions from minor sources within the DFW nine county 
area not previously regulated. See 117.2110(a)(1), and 117.2010(a)(1) 
and (2). These rules provide additional NOX emissions 
reductions that were not previously a part of the EPA-approved Texas 
SIP. See section 15 of this document.
     The statewide residential water heater rule was revised 
due to technical infeasibility which means this rule will achieve 
slightly less reductions than if the approved rule had proved feasible. 
We believe this small loss in emission reductions will be offset by 
other measures. This is further discussed in the Technical Support 
Document. We have discussed the potential impact of the revised water 
heater rule in our separate action on the 1997 8-hour ozone attainment 
demonstration for the D/FW area. In that action we explain how the 
revisions do not interfere with attainment or maintenance of the NAAQS.
    For the reasons stated above, the provisions of the May 2007 SIP 
submittal meet the section 110(l) requirements of the Act.

13. What are the NOX emissions requirements for major point 
sources in the D/FW area that we are proposing to approve?

    We approved NOX emissions specifications for stationary 
sources in 66 FR 15195 published March 16, 2001. In addition to 
requiring NOX emissions control requirements for those 
sources, we are proposing to approve the following NOX 
emissions requirements for the following affected sources with 
emissions greater than 50 Tons Per Year (TPY) in the D/FW 8-hour ozone 
nonattainment area. We have included the Chapter 117 citation for each 
source category in the Table 8 below for reference purposes.

               Table 8.--NOX Emissions Specifications for the D/FW 8-Hour Ozone Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                                                       Additional
            Source                  NOX limit         information                      Citation
----------------------------------------------------------------------------------------------------------------
Reciprocating Internal          2.0 g/hp-hr......  Natural gas, rich  117.410(a)(1)(B)(i).
 Combustion Engines.                                burn, capacity
                                                    >= 300 hp,
                                                    before January
                                                    1, 2000, also a
                                                    3.0 g/hp-hr
                                                    limit of CO.
Reciprocating Internal          0.50 g/hp-hr.....  Natural gas, rich  117.410(a)(9)(B)(ii).
 Combustion Engines.                                burn, capacity
                                                    >= 300 hp, on or
                                                    after January 1,
                                                    2000, also a 3.0
                                                    g/hp-hr limit of
                                                    CO.
Reciprocating Internal          0.60 g/hp-hr.....  Gas-fired, rich    117.410(b)(4)(A)(i).
 Combustion Engines.                                burn, landfill
                                                    gas.
Reciprocating Internal          0.50 g/hp-hr.....  Gas-fired, rich    117.410(b)(4)(A)(ii).
 Combustion Engines.                                burn, not using
                                                    landfill gas.
Reciprocating Internal          0.70 g/hp-hr.....  Gas-fired, lean    117.410(b)(4)(B)(i).
 Combustion Engines.                                burn, before
                                                    June 1, 2007,
                                                    not modified
                                                    afterwards.
Reciprocating Internal          0.60 g/hp-hr.....  Gas-fired, lean    117.410(b)(4)(B)(ii)(I).
 Combustion Engines.                                burn, landfill
                                                    gas, on or after
                                                    June 1, 2007.
Reciprocating Internal          0.50 g/hp-hr.....  Dual-fuel........  117.410(b)(4)(B)(ii)(II).
 Combustion Engines.
Duct Burners..................  0.032 lb/MMBtu...  Used in turbine    117.410(b)(6).
                                                    exhausts, rated
                                                    >= 10 MW.
Duct Burners..................  0.15 lb/MMBtu....  Used in turbine    117.410(b)(6).
                                                    exhausts, 1.0 (
                                                    rated < 10 MW.
Duct Burners..................  0.26 lb/MMBtu....  Used in turbine    117.410(b)(6).
                                                    exhausts, rated
                                                    < 1.0 MW.
Lime Kilns....................  3.7 lb/ton of CaO  Individual kiln    117.410(b)(7)(A)(i).
                                                    basis.
Lime Kilns....................  3.7 lb/ton of CaO  Site-wide basis..  117.410(b)(7)(A)(ii).
Ceramic and Brick Kilns.......  40% NOX reduction  Using daily 2000   117.410(b)(7)(B)(i).
                                                    calendar year EI.
Brick Kilns...................  0.175 lb/ton of    As option........  117.410(b)(7)(B)(ii).
                                 product.
Ceramic Kilns.................  0.27 lb/ton of     As option........  117.410(b)(7)(B)(iii).
                                 product.
Metallurgical Furnaces........  0.087 lb/MMBtu...  Heat Furnace,      117.410(b)(8)(A).
                                                    March 1-October
                                                    31 any year.
Metallurgical Furnaces........  0.10 lb/MMBtu....  Reheat Furnace,    117.410(b)(8)(B).
                                                    March 1-October
                                                    31 any year.
Metallurgical Furnaces........  0.45 lb/MMBtu....  Lead smelting      117.410(b)(8)(C).
                                                    blast cupola and
                                                    reverberatory.
Incinerators..................  80% NOX reduction  Using real         1117.410(b)(9)(A).
                                                    emissions of
                                                    2000 EI.
Incinerators..................  0.030 lb/MMBtu...  As option........  117.410(b)(9)(B).
Container Glass Furnaces......  4.0 lb/ton of      Melting furnace,   117.410(b)(10)(A)(i), or
                                 glass pulled.      within 25% of      117.410(b)(10)(A)(ii).
                                                    permitted
                                                    production
                                                    capacity, or
                                                    MAER of permit
                                                    issued before
                                                    June 1, 2007.
Fiberglass Furnaces...........  4.0 lb/ton         Mineral wool,      117.410(b)(10)(B).
                                 product pulled.    cold-top
                                                    electric.
Fiberglass Furnaces...........  1.45 lb/ton        Mineral wool,      117.410(b)(10)(C).
                                 product pulled.    regenerative.
Fiberglass Furnaces...........  3.1 lb/ton         Mineral wool, non- 117.410(b)(10)(D).
                                 product pulled.    regenerative.
Curing Ovens..................  0.036 lb/MMBtu...  Gas fired, used    117.410(b)(11).
                                                    in mineral wool-
                                                    type or textile-
                                                    type fiberglass.

[[Page 39909]]

 
Ovens and Heaters.............  0.036 lb/MMBtu...  Natural gas-fired  117.410(b)(12).
Dryers........................  0.036 lb/MMBtu...  Natural gas-       117.410(b)(13)(A).
                                                    fired, used in
                                                    organic solvent,
                                                    printing ink,
                                                    clay, brick,
                                                    ceramic tile,
                                                    calcining, and
                                                    vitrifying
                                                    processes.
Spray Dryers..................  0.15 lb/MMBtu....  Natural gas-       117.410(b)(13)(B).
                                                    fired, used in
                                                    ceramic tile
                                                    manufacturing
                                                    processes.
----------------------------------------------------------------------------------------------------------------

    The tables in this document are not intended to be exhaustive, but 
rather provide a guide for readers regarding NOX control 
requirements the affected sources are likely to be required to comply 
with in conjunction with today's rulemaking action. To determine 
whether or how your facility would be affected by this particular 
action, you should refer to the actual text of 30 TAC Chapter 117, and 
the June 8, 2007 issue of the Texas Register (32 TexReg 3206). We are 
proposing approval of these NOX emissions specifications 
under Part D of the Act because their resulting emissions reductions 
will assist Texas in demonstrating attainment of the 8-hour ozone 
standard in the D/FW 8-hour ozone nonattainment area. Therefore, we are 
proposing approval of these requirements into the Texas SIP.

14. What are the NOX emission requirements for stationary 
diesel engines in the D/FW area that we are proposing to approve?

    This SIP revision requires reductions of NOX emissions 
from stationary diesel engines in the D/FW area. The following Table 9 
contains a summary of the NOX emission specifications for 
stationary diesel engines in the D/FW area. We have included the 
Chapter 117 citation for each source category in the Table 9 below for 
convenience purposes.

   Table 9.--NOX Emission Requirements Stationary Diesel Engines for the D/FW 8-Hour Ozone Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                                                 NOX Emission
                 Source                         Specification                          Citation
----------------------------------------------------------------------------------------------------------------
Diesel engines in service before March    11.0 gram/hp-hr..........  117.410(b)(4)(D).
 1, 2009: not modified, reconstructed,
 or relocated on or after March 1, 2009.
Rated less than 50 hp: modified,          5.0 gram/hp-hr...........  117.410(b)(4)(E)(i).
 installed reconstructed, or relocated
 on or after March 1, 2009.
50 hp [ rated < 100 hp: modified,         3.3 gram/hp-hr...........  117.410(b)(4)(E)(ii).
 installed, reconstructed, or relocated
 on or after March 1, 2009.
100 hp [ rated < 750 hp: installed,       2.8 gram/hp-hr...........  117.410(b)(4)(E)(iii).
 modified, reconstructed, or relocated
 on or after March 1, 2009.
Rated >= 750 hp: installed, modified,     4.5 gram/hp-hr...........  117.310(b)(4)(E)(iv).
 reconstructed, or relocated on or after
 March 1, 2009.
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    We are proposing to approve the above-listed NOX 
emission requirements for diesel engines because they are in agreement 
with those found in 40 CFR section 89.112, and EPA's Document Number 
420-R-98-016 dated August 1998, titled ``Final Regulatory Impact 
Analysis: Control of Emissions from Nonroad Diesel Engines.'' In 
addition, the above-listed NOX emission requirements for 
diesel engines are consistent with those we approved for similar units 
at Table VI of 66 FR 57230 published on November 14, 2001. We are 
therefore proposing approval of these NOX emission 
requirements under Part D of the Act because their resulting emissions 
reductions will assist Texas in demonstrating attainment of the 8-hour 
ozone standard within the D/FW 8-hour ozone nonattainment area. 
Therefore, we are proposing approval of these requirements into the 
Texas SIP.

15. What are the emissions specifications for minor sources of 
NOX in D/FW area that we are proposing to approve?

    These minor sources include stationary reciprocating internal 
combustion engines that are not a major source of NOX (emit, 
when uncontrolled, less than 50 Tons Per Year (TPY) of NOX). 
See sections 117.2100 and 117.2103 for more information.

                    Table 10.--NOX Emissions Requirements for Minor Sources in the D/FW Area
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                                     NOX emission           Additional
            Source                   specification         information                    Citation
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Reciprocating Internal          0.60 g/hp-hr..........  Stationary, rich-  117.2110(a)(1)(A)(i).
 Combustion Engines.