Approval and Promulgation of Implementation Plans; Texas; Revisions to General Air Quality Rules and the Mass Emissions Cap and Trade Program, 34503-34508 [E9-16866]
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[FR Doc. E9–16898 Filed 7–15–09; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0905; FRL–8931–1]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to General Air Quality Rules
and the Mass Emissions Cap and
Trade Program
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking a direct final
action to approve portions of one
revision to the Texas State
Implementation Plan (SIP) submitted by
the State of Texas on August 16, 2007;
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34503
these portions of the SIP revision
approved: Repeal an unnecessary
effective date in the Texas SIP under
Title 30 in the Texas Administrative
Code (TAC), Chapter 101—General Air
Quality Rules, Subchapter A—General
Rules; and make non-substantive
changes in the Texas SIP to the Mass
Emissions Cap and Trade Program
(MECT) under 30 TAC Chapter 101,
Subchapter H—Emissions Banking and
Trading, Division 3. EPA has
determined that these changes to the
Texas SIP comply with the Federal
Clean Air Act (the Act or CAA) and EPA
regulations, are consistent with EPA
policies, and will improve air quality.
This action is being taken under section
110 and parts C and D of the Act.
DATES: This direct final rule is effective
on September 14, 2009 without further
notice, unless EPA receives relevant
adverse comment by August 17, 2009. If
EPA receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2007–0905, by one of the
following methods:
(1) www.regulations.gov: Follow the
online instructions for submitting
comments.
(2) E-mail: Mr. Jeff Robinson at
robinson.jeffrey@epa.gov. Please also cc
the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below.
(3) 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.
(4) Fax: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), at fax number
214–665–6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
(6) Hand or Courier Delivery: Mr. Jeff
Robinson, Chief, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8:30 a.m. and 4:30 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–
0905. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
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Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Rules and Regulations
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 https://www.regulations.gov or
e-mail, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that 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 https://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 along with any disk or CD–
ROM submitted. 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 and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information the disclosure of which 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 https://
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. A 15-cent
per page fee will be charged for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area on the seventh
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floor at 1445 Ross Avenue, Suite 700,
Dallas, Texas.
The State submittal related to this SIP
revision, and which is part of the EPA
docket, 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: If
you have questions concerning today’s
direct final action, please contact Ms.
Adina Wiley (6PD–R), Air Permits
Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue
(6PD–R), Suite 1200, Dallas, TX 75202–
2733. The telephone number is (214)
665–2115. Ms. Wiley can also be
reached via electronic mail at
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
any reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is
used, we mean EPA.
Table of Contents
I. What Action Is EPA Taking?
II. What Did Texas Submit?
III. What Is EPA’s Evaluation of This SIP
Revision?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are taking direct final action to
approve portions of one revision to the
Texas SIP submitted by the Texas
Commission on Environmental Quality
(TCEQ) on August 16, 2007. One of the
portions of the August 16, 2007 SIP
revision submittal repeals an
unnecessary effective date in the Texas
SIP that is under the General Air
Quality Rules found at 30 TAC Chapter
101, Subchapter A. Another portion of
the August 16, 2007 submittal revises
the MECT Program in the Texas SIP that
is under 30 TAC Chapter 101,
Subchapter H, Division 3. The MECT
Program in the Texas SIP is nonsubstantively revised to correctly update
the name and acronym of the Houston/
Galveston/Brazoria ozone
nonattainment area and to update the
cross-references to the stationary source
nitrogen oxide (NOX) rules found in the
Texas SIP at 30 TAC Chapter 117 as a
result of the non-substantive
recodification of Chapter 117 approved
by EPA as part of the Texas SIP on
December 3, 2008 (see 73 FR 73562).
Consequently, we are approving the
repeal of section 101.22 from the Texas
SIP, and revisions to the Texas SIP at
sections 101.350(10), 101.351(a),
101.353(a), 101.354(a) and (e), and
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101.360(a)(3) submitted on August 16,
2007 by the TCEQ.
We are publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no relevant adverse
comments. However, in the proposed
rules section of this Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the SIP revision if
relevant adverse comments are received.
This rule will be effective on September
14, 2009 without further notice unless
we receive relevant adverse comment by
August 17, 2009. If we receive relevant
adverse comments, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
II. What Did Texas Submit?
We are approving portions from one
SIP revision that TCEQ adopted on July
25, 2007 and submitted to EPA on
August 16, 2007. A copy of the revised
rule as well as the Technical Support
Document (TSD) can be obtained from
the Docket, as discussed in the ‘‘Docket’’
section above. A discussion of the
specific Texas rule changes that we are
approving is included in the TSD and
summarized below. The TSD also
contains a discussion as to why EPA is
not taking action on certain provisions
of this Texas SIP submittal. We are not
acting today upon revisions to the
general air quality definitions at 30 TAC
Chapter 101, Subchapter A, section
101.1 because previous revisions are
still pending for review by EPA. We are
also not acting today upon the revisions
to the Emission Credit Banking and
Trading Program at 30 TAC Chapter
101, Subchapter H, Division 1, sections
101.302 and 101.306 because EPA is
still reviewing a previous revision to the
SIP submitted on October 24, 2006.
Similarly, we are not acting today upon
the revisions to the Discrete Emission
Credit Banking and Trading Program at
30 TAC Chapter 101, Subchapter H,
Division 4, sections 101.372 and
101.376 because the October 24, 2006
SIP revision is still under EPA review.
EPA has not yet taken action on the
System Cap Trading Program at 30 TAC
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Chapter 101, Subchapter H, Division 5
and therefore is not acting today upon
revisions to sections 101.383 and
101.385.
A. 30 TAC Chapter 101, Subchapter A
Section 101.22—Effective Date
The existing SIP-approved version of
section 101.22 was adopted by the State
of Texas on July 20, 1981, and approved
by EPA on April 22, 1982 (see 47 FR
17285). Section 101.22 established an
effective date by which the general air
quality rules found at 30 TAC Chapter
101 are in force in the State of Texas.
The TCEQ repealed section 101.22 on
July 25, 2007.
B. 30 TAC Chapter 101, Subchapter H,
Division 3
1. Section 101.350—Definitions
The existing SIP-approved version of
section 101.350(1)–(14) was adopted by
the TCEQ on December 13, 2002, and
approved by EPA on September 6, 2006
(see 71 FR 52664). The revisions to
section 101.350(10) adopted by the
TCEQ on July 25, 2007, update the name
and acronym of the Houston/Galveston
(HGA) ozone nonattainment area to
Houston/Galveston/Brazoria (HGB)
ozone nonattainment area, consistent
with the 1997 eight-hour ozone
designations.
2. Section 101.351—Applicability
The existing SIP-approved version of
section 101.351(a) and (b) was adopted
by the TCEQ on December 13, 2002, and
approved by EPA on September 6, 2006
(see 71 FR 52664). The revisions to
section 101.351(a) and (a)(1) adopted by
the TCEQ on July 25, 2007, update the
name of the Houston/Galveston/
Brazoria ozone nonattainment area to be
consistent with the definitions at
section 101.350, update cross-references
to stationary source NOX rules at 30
TAC Chapter 117 as a result of the
Chapter 117 recodification to the Texas
SIP, and provide grammatical changes.
3. Section 101.353—Allocation of
Allowances
The existing SIP-approved version of
section 101.353(a)–(h) was adopted by
the TCEQ on December 13, 2002, and
approved by EPA on September 6, 2006
(see 71 FR 52664). The revisions to
section 101.353(a) adopted by the TCEQ
on July 25, 2007, update the allowance
calculation figure to correctly crossreference the recodified stationary
source NOX rules to the Texas SIP at 30
TAC Chapter 117.
4. Section 101.354—Allowance
Deductions
The existing SIP-approved version of
section 101.354(a)–(g) was adopted by
the TCEQ on December 13, 2002, and
approved by EPA on September 6, 2006
(see 71 FR 52664). TCEQ revised section
101.354(a) and (e) to correctly crossreference the recodified stationary
source NOX rules to the Texas SIP at 30
TAC Chapter 117.
5. Section 101.360—Level of Activity
Certification
The existing SIP-approved version of
section 101.360(a)–(c) was adopted by
the TCEQ on December 13, 2002, and
approved by EPA on September 6, 2006
(see 71 FR 52664). TCEQ revised section
101.360(a)(3) to correctly cross-reference
the recodified stationary source NOX
rules to the Texas SIP at 30 TAC
Chapter 117.
III. What Is EPA’s Evaluation of This
SIP Revision?
A. 30 TAC Chapter 101, Subchapter A
Section 101.22—Effective Date
The July 25, 2007, repeal of section
101.22 is approvable. The Texas
34505
Administrative Code does not need to
include the effective date for the general
air rules since each section now has its
own effective date included at the end
of each section. Additionally, EPA
includes the effective date for each
section that is approved into the Texas
SIP at 40 CFR 52.2270(c).
B. 30 TAC Chapter 101, Subchapter H,
Division 3
1. Section 101.350—Definitions
The revisions to section 101.350(10)
adopted by the TCEQ on July 25, 2007,
are approvable. These revisions are nonsubstantive and serve only to update the
name and acronym of the Houston/
Galveston (HGA) ozone nonattainment
area to Houston/Galveston/Brazoria
(HGB) ozone nonattainment area,
consistent with the 1997 eight-hour
ozone designations. These revisions to
do not affect the functionality of the
SIP-approved MECT program.
2. Section 101.351—Applicability
The revisions to section 101.351(a)
and (a)(1) adopted by the TCEQ on July
25, 2007, are approvable. These nonsubstantive revisions update the name
of the Houston/Galveston/Brazoria
ozone nonattainment area to be
consistent with the definitions at
section 101.350, update cross-references
to the stationary NOX rules at 30 TAC
Chapter 117 as a result of the Chapter
117 recodification to the Texas SIP, and
provide grammatical changes. The table
below demonstrates that the crossreferences have been updated correctly
and that no previous SIP-approved
section of Chapter 117 was overlooked
in the cross-reference update. These
non-substantive revisions do not alter
the applicability or functionality of the
SIP-approved MECT program.
SIP-approved references in § 101.351
As adopted by TCEQ December 13, 2002, effective January 17, 2003
Approved by EPA September 6, 2006 (71 FR 52664)
Recodified Chapter 117 references
As adopted by TCEQ July 25, 2007, effective August 10, 2007
§ 101.351(a) refers to sections:
§ 117.106—Emission Specifications for Attainment Demonstrations
for Utility Electric Generation in Ozone Nonattainment Areas.
§ 101.351(a) refers to sections:
§ 117.1210—Emission Specifications for Attainment Demonstration
at Major Utility Electric Generation Sources in the HGB Ozone
Nonattainment Area.
§ 117.310—Emission Specifications for Attainment Demonstration
for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone
Nonattainment Area.
§ 117.2010—Emission Specifications for Combustion Control at
Minor Sources in the HGB Ozone Nonattainment Area.
§ 117.206—Emission Specifications for Attainment Demonstrations
for Industrial, Commercial, and Institutional Combustion Sources
in Ozone Nonattainment Areas.
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§ 117.475—Emission Specifications for Boilers, Process Heaters,
and Stationary Engines and Gas Turbines at Minor Sources.
3. Section 101.353—Allocation of
Allowances
The revisions to section 101.353(a)
adopted by the TCEQ on July 25, 2007,
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are approvable. The non-substantive
revisions to the allowance calculation
figure correctly cross-reference the
recodified stationary source NOX rules
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in the Texas SIP at 30 TAC Chapter 117.
The table below demonstrates that the
cross-references have been updated
correctly and that no previous SIP-
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Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Rules and Regulations
approved section of Chapter 117 was
overlooked in the cross-reference
update. These non-substantive revisions
do not affect the calculation of
allowances or the functionality of the
SIP-approved MECT program.
SIP-approved references in § 101.353
As adopted by TCEQ December 13, 2002, effective January 17, 2003
Approved by EPA September 6, 2006 (71 FR 52664)
Recodified Chapter 117 references
As adopted by TCEQ July 25, 2007, effective August 10, 2007
Figure 101.353(a)(2) refers to sections:
§ 117.106—Emission Specifications for Attainment Demonstrations
for Utility Electric Generation in Ozone Nonattainment Areas.
Figure 101.353(a)(2) refers to sections:
§ 117.1210—Emission Specifications for Attainment Demonstration
at Major Utility Electric Generation Sources in the HGB Ozone
Nonattainment Area.
§ 117.310—Emission Specifications for Attainment Demonstration
for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone
Nonattainment Area.
§ 117.2010—Emission Specifications for Combustion Control at
Minor Sources in the HGB Ozone Nonattainment Area.
Figure 101.353(a)(3) refers to sections:
§ 117.310(a)(1)(A) and (B)—ESADs for gas-fired boilers.
§ 117.310(a)(2)(A)—fluid catalytic cracking units.
§ 117.310(a)(5)—wood fuel-fired boilers.
§ 117.310(a)(8)(A)(i)—process heaters other than pyrolysis reactors.
§ 117.310(a)(8)(B)—process heaters that are pyrolysis reactors.
§ 117.310(a)(9)(A)(ii)—stationary, reciprocating internal combustion
engines that are gas-fired rich burn engines not fired on landfill
gas.
§ 117.310(a)(10)—stationary gas turbines.
§ 117.310(a)(11)—duct burners used in turbine exhaust ducts.
Figure 101.353(a)(5) refers to sections:
§ 117.1210—Emission Specifications for Attainment Demonstration
at Major Utility Electric Generation Sources in the HGB Ozone
Nonattainment Area.
§ 117.310—Emission Specifications for Attainment Demonstration
for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone
Nonattainment Area.
§ 117.2010—Emission Specifications for Combustion Control at
Minor Sources in the HGB Ozone Nonattainment Area.
Figure 101.353(a)(6) refers to sections:
§ 117.310(a)(17)—alternative to the emission specifications in
(a)(1)–(16).
§ 117.2010(c)(6)—alternative to the emission specifications in
(c)(1)–(5).
§ 117.206—Emission Specifications for Attainment Demonstrations
for Industrial, Commercial, and Institutional Combustion Sources
in Ozone Nonattainment Areas.
§ 117.475—Emission Specifications for Boilers, Process Heaters,
and Stationary Engines and Gas Turbines at Minor Sources.
Figure 101.353(a)(3) refers to sections:
§ 117.206(c)(1)(A) and (B)—ESADs for gas-fired boilers .................
§ 117.206(c)(2)(A)—fluid catalytic cracking units ..............................
§ 117.206(c)(5)—wood fuel fired boilers ...........................................
§ 117.206(c)(8)(A)(i)—process heaters other than pyrolysis reactors.
§ 117.206(c)(8)(B)—process heaters that are pyrolysis reactors .....
§ 117.206(c)(9)(A)(ii)—stationary, reciprocating internal combustion
engines that are gas-fired rich burn engines not fired on landfill
gas.
§ 117.206(c)(10)—stationary gas turbines ........................................
§ 117.206(c)(11)—duct burners used in turbine exhaust ducts ........
Figure 101.353(a)(5) refers to sections:
§ 117.106—Emission Specifications for Attainment Demonstrations
for Utility Electric Generation in Ozone Nonattainment Areas.
§ 117.206—Emission Specifications for Attainment Demonstrations
for Industrial, Commercial, and Institutional Combustion Sources
in Ozone Nonattainment Areas.
§ 117.475—Emission Specifications for Boilers, Process Heaters,
and Stationary Engines and Gas Turbines at Minor Sources.
Figure 101.353(a)(6) refers to sections:
§ 117.206(c)(17)—alternative to the emission specifications in
(c)(1)–(16).
§ 117.475(c)(6)—alternative to the emission specifications in
(c)(1)–(5).
4. Section 101.354—Allowance
Deductions
The July 25, 2007, revisions to section
101.354(a) and (e) are approvable. These
non-substantive revisions correctly
cross-reference the recodified stationary
source NOX rules in the Texas SIP at 30
TAC Chapter 117. The table below
demonstrates that the cross-references
have been updated correctly and that no
previous SIP-approved section of
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SIP-approved references in § 101.354
As adopted by TCEQ December 13, 2002, effective January 17, 2003
Approved by EPA September 6, 2006 (71 FR 52664)
Chapter 117 was overlooked in the
cross-reference update. These nonsubstantive revisions do not affect the
calculation of allowances or the
functionality of the SIP-approved MECT
program.
Recodified Chapter 117 references
As adopted by TCEQ July 25, 2007, effective August 10, 2007
§ 101.354(a) refers to sections:
§ 101.354(a) refers to sections:
§ 117.114—Emission Testing and Monitoring for the Houston/Gal§ 117.1240—Continuous Demonstration of Compliance for Utility
veston Attainment Demonstration for Utility Electric Generation
Electric Generation Sources in HGB Ozone Nonattainment Area.
in Ozone Nonattainment Areas.
§ 117.214—Emission Testing and Monitoring for the Houston/Gal§ 117.340—Continuous Demonstration of Compliance for Major Investon Attainment Demonstration for Industrial, Commercial, and
dustrial, Commercial, and Institutional Sources in the HGB
Institutional Combustion Sources in Ozone Nonattainment Areas.
Ozone Nonattainment Area.
§ 117.479—Monitoring, Recordkeeping, and Reporting Require§ 117.2035—Monitoring and Testing Requirements for Minor
ments for Boilers, Process Heaters, and Stationary Engines and
Sources in HGB Ozone Nonattainment Area.
Gas Turbines at Minor Sources.
§ 117.354(e) refers to sections:
§ 117.354(e) refers to sections:
§ 117.206—Emission Specifications for Attainment Demonstrations
§ 117.310—Emission Specifications for Attainment Demonstration
for Industrial, Commercial, and Institutional Combustion Sources
for Combustion Control at Major Industrial, Commercial, and Inin Ozone Nonattainment Areas.
stitutional Sources in the Houston-Galveston-Brazoria Ozone
Nonattainment Area.
§ 117.475—Emission Specifications for Boilers, Process Heaters,
§ 117.2010—Emission Specifications for Combustion Control at
and Stationary Engines and Gas Turbines at Minor Sources.
Minor Sources in the HGB Ozone Nonattainment Area.
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SIP-approved references in § 101.354
As adopted by TCEQ December 13, 2002, effective January 17, 2003
Approved by EPA September 6, 2006 (71 FR 52664)
§ 117.206(h)(3)—changes after December 31, 2000, to a unit subjected to an ESAD in section 117.206(c).
§ 117.475(f)—changes after December 31, 2000 to a unit subjected to an ESAD in section 117.475(c).
5. Section 101.360—Level of Activity
Certification
The July 25, 2007, revisions to section
101.360(a)(3) are approvable. These
non-substantive revisions correctly
34507
Recodified Chapter 117 references
As adopted by TCEQ July 25, 2007, effective August 10, 2007
§ 117.310(e)(3)—changes after December 31, 2000, to a unit subject to ESAD in section 117.310(a).
§ 117.2010(f)—changes after December 31, 2000, to a unit subject
to an ESAD in section 117.2010(c).
cross-reference the recodified stationary
source NOX rules in the Texas SIP at 30
TAC Chapter 117. The table below
demonstrates that the cross-references
have been updated correctly and that no
previous SIP-approved section of
Chapter 117 was overlooked in the
cross-reference update. These nonsubstantive revisions do not affect the
calculation of allowances or the
functionality of the SIP-approved MECT
program.
SIP-approved references in § 101.360
As adopted by TCEQ December 13, 2002, effective January 17, 2003
Approved by EPA September 6, 2006 (71 FR 52664)
Recodified Chapter 117 references
As adopted by TCEQ July 25, 2007, effective August 10, 2007
§ 101.360(a)(3) refers to sections:
§ 117.106—Emission Specifications for Attainment Demonstrations
for Utility Electric Generation in Ozone Nonattainment Areas.
§ 101.360(a)(3) refers to sections:
§ 117.1210—Emission Specifications for Attainment Demonstration
at Major Utility Electric Generation Sources in the HGB Ozone
Nonattainment Area.
§ 117.310—Emission Specifications for Attainment Demonstration
for Combustion Control at Major Industrial, Commercial, and Institutional Sources in the Houston-Galveston-Brazoria Ozone
Nonattainment Area.
§ 117.2010—Emission Specifications for Combustion Control at
Minor Sources in the HGB Ozone Nonattainment Area.
§ 117.206—Emission Specifications for Attainment Demonstrations
for Industrial, Commercial, and Institutional Combustion Sources
in Ozone Nonattainment Areas.
§ 117.475—Emission Specifications for Boilers, Process Heaters,
and Stationary Engines and Gas Turbines at Minor Sources.
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C. Does Approval of Texas’s Rule
Revisions Interfere With Attainment,
Reasonable Further Progress, or Any
Other Applicable Requirement of the
Act?
Section 110(l) of the CAA states that
EPA cannot approve a SIP revision if the
revision would interfere with any
applicable requirements concerning
attainment and reasonable further
progress towards attainment of the
National Ambient Air Quality Standards
(NAAQS) or any other applicable
requirements of the Act. Our review of
the Texas SIP submittals indicate that
the revisions will not interfere with any
applicable requirements concerning
attainment and reasonable further
progress towards attainment of the
NAAQS or any other applicable
requirements of the Act.
IV. Final Action
EPA is taking direct final action to
approve portions of one revision to the
Texas SIP submitted August 16, 2007.
Specifically, EPA is approving the
repeal of the effective date provision at
30 TAC Chapter 101, Subchapter A,
section 101.22. EPA is also approving
non-substantive revisions to the MECT
program at 30 TAC Chapter 101,
Subchapter H, Division 3, sections
101.350(10), 101.351(a), 101.353(a),
101.354(a) and (e), and 101.360(a)(3).
EPA is not taking action on the
revisions to the general air quality
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definitions at 30 TAC Chapter 101,
Subchapter A, section 101.1, revisions
to the Emission Credit Banking and
Trading Program at 30 TAC Chapter
101, Subchapter H, Division 1, sections
101.302, revisions to Discrete Emission
Credit Banking and Trading Program at
30 TAC Chapter 101, Subchapter H,
Division 4, sections 101.372 and
101.376, or revisions to the System Cap
Trading Program at 30 TAC Chapter
101, Subchapter H, Division 5, 101.383,
and 101.385. These revisions remain
under review by EPA and available for
future actions.
V. 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 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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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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.);
• 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 (Pub. L. 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
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Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Rules and Regulations
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
Dated: July 6, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 14,
2009. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended under ‘‘Chapter
101—General Air Quality Rules’’ as
follows:
■ a. Under Subchapter A, by removing
the entry for Section 101.22, Effective
Date;
■ b. Under Subchapter H, Division 3, by
revising the entries for Sections 101.350,
101.351, 101.353, 101.354, and 101.360.
The revisions read as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State
approval/
submittal
date
Title/subject
EPA approval date
Explanation
Chapter 101—General Air Quality Rules
*
*
*
*
*
*
*
*
*
Subchapter H—Emissions Banking and Trading
*
*
*
*
*
Division 3—Mass Emissions Cap and Trade Program
Section 101.350 ......................
Definitions ...............................
7/25/2007
Section 101.351 ......................
Applicability .............................
7/25/2007
*
*
*
Section 101.353 ...................... Allocation of Allowances .........
*
7/25/2007
Section 101.354 ......................
Allowance Deductions .............
7/25/2007
*
*
*
Section 101.360 ...................... Level of Activity Certification ...
*
7/25/2007
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*
*
*
*
July 16, 2009 [Insert FR page number where
document begins].
July 16, 2009 [Insert FR page number where
document begins].
*
*
July 16, 2009 [Insert FR page number where
document begins].
July 16, 2009 [Insert FR page number where
document begins].
*
*
*
July 16, 2009 [Insert FR page number where
document begins].
*
*
*
[FR Doc. E9–16866 Filed 7–15–09; 8:45 am]
BILLING CODE 6560–50–P
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*
]]>Agencies
[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Rules and Regulations]
[Pages 34503-34508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16866]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0905; FRL-8931-1]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to General Air Quality Rules and the Mass Emissions Cap and
Trade Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking a direct final action to approve portions of one
revision to the Texas State Implementation Plan (SIP) submitted by the
State of Texas on August 16, 2007; these portions of the SIP revision
approved: Repeal an unnecessary effective date in the Texas SIP under
Title 30 in the Texas Administrative Code (TAC), Chapter 101--General
Air Quality Rules, Subchapter A--General Rules; and make non-
substantive changes in the Texas SIP to the Mass Emissions Cap and
Trade Program (MECT) under 30 TAC Chapter 101, Subchapter H--Emissions
Banking and Trading, Division 3. EPA has determined that these changes
to the Texas SIP comply with the Federal Clean Air Act (the Act or CAA)
and EPA regulations, are consistent with EPA policies, and will improve
air quality. This action is being taken under section 110 and parts C
and D of the Act.
DATES: This direct final rule is effective on September 14, 2009
without further notice, unless EPA receives relevant adverse comment by
August 17, 2009. If EPA receives such comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2007-0905, by one of the following methods:
(1) www.regulations.gov: Follow the online instructions for
submitting comments.
(2) E-mail: Mr. Jeff Robinson at robinson.jeffrey@epa.gov. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
paragraph below.
(3) 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.
(4) Fax: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R), at
fax number 214-665-6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
(6) Hand or Courier Delivery: Mr. Jeff Robinson, Chief, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8:30 a.m. and 4:30 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-
2007-0905. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless
[[Page 34504]]
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 https://www.regulations.gov or e-mail, if you believe that it is CBI or
otherwise protected from disclosure. The https://www.regulations.gov Web
site is an ``anonymous access'' system, which means that 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 https://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 along
with any disk or CD-ROM submitted. 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 and any form of encryption and should be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which 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 https://www.regulations.gov or in hard copy at the Air
Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below to make an appointment. If
possible, please make the appointment at least two working days in
advance of your visit. A 15-cent per page fee will be charged for
making photocopies of documents. On the day of the visit, please check
in at the EPA Region 6 reception area on the seventh floor at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal related to this SIP revision, and which is part
of the EPA docket, 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: If you have questions concerning
today's direct final action, please contact Ms. Adina Wiley (6PD-R),
Air Permits Section, Environmental Protection Agency, Region 6, 1445
Ross Avenue (6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone
number is (214) 665-2115. Ms. Wiley can also be reached via electronic
mail at wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever any
reference to ``we,'' ``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What Action Is EPA Taking?
II. What Did Texas Submit?
III. What Is EPA's Evaluation of This SIP Revision?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are taking direct final action to approve portions of one
revision to the Texas SIP submitted by the Texas Commission on
Environmental Quality (TCEQ) on August 16, 2007. One of the portions of
the August 16, 2007 SIP revision submittal repeals an unnecessary
effective date in the Texas SIP that is under the General Air Quality
Rules found at 30 TAC Chapter 101, Subchapter A. Another portion of the
August 16, 2007 submittal revises the MECT Program in the Texas SIP
that is under 30 TAC Chapter 101, Subchapter H, Division 3. The MECT
Program in the Texas SIP is non-substantively revised to correctly
update the name and acronym of the Houston/Galveston/Brazoria ozone
nonattainment area and to update the cross-references to the stationary
source nitrogen oxide (NOX) rules found in the Texas SIP at
30 TAC Chapter 117 as a result of the non-substantive recodification of
Chapter 117 approved by EPA as part of the Texas SIP on December 3,
2008 (see 73 FR 73562). Consequently, we are approving the repeal of
section 101.22 from the Texas SIP, and revisions to the Texas SIP at
sections 101.350(10), 101.351(a), 101.353(a), 101.354(a) and (e), and
101.360(a)(3) submitted on August 16, 2007 by the TCEQ.
We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on September 14,
2009 without further notice unless we receive relevant adverse comment
by August 17, 2009. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
II. What Did Texas Submit?
We are approving portions from one SIP revision that TCEQ adopted
on July 25, 2007 and submitted to EPA on August 16, 2007. A copy of the
revised rule as well as the Technical Support Document (TSD) can be
obtained from the Docket, as discussed in the ``Docket'' section above.
A discussion of the specific Texas rule changes that we are approving
is included in the TSD and summarized below. The TSD also contains a
discussion as to why EPA is not taking action on certain provisions of
this Texas SIP submittal. We are not acting today upon revisions to the
general air quality definitions at 30 TAC Chapter 101, Subchapter A,
section 101.1 because previous revisions are still pending for review
by EPA. We are also not acting today upon the revisions to the Emission
Credit Banking and Trading Program at 30 TAC Chapter 101, Subchapter H,
Division 1, sections 101.302 and 101.306 because EPA is still reviewing
a previous revision to the SIP submitted on October 24, 2006.
Similarly, we are not acting today upon the revisions to the Discrete
Emission Credit Banking and Trading Program at 30 TAC Chapter 101,
Subchapter H, Division 4, sections 101.372 and 101.376 because the
October 24, 2006 SIP revision is still under EPA review. EPA has not
yet taken action on the System Cap Trading Program at 30 TAC
[[Page 34505]]
Chapter 101, Subchapter H, Division 5 and therefore is not acting today
upon revisions to sections 101.383 and 101.385.
A. 30 TAC Chapter 101, Subchapter A
Section 101.22--Effective Date
The existing SIP-approved version of section 101.22 was adopted by
the State of Texas on July 20, 1981, and approved by EPA on April 22,
1982 (see 47 FR 17285). Section 101.22 established an effective date by
which the general air quality rules found at 30 TAC Chapter 101 are in
force in the State of Texas. The TCEQ repealed section 101.22 on July
25, 2007.
B. 30 TAC Chapter 101, Subchapter H, Division 3
1. Section 101.350--Definitions
The existing SIP-approved version of section 101.350(1)-(14) was
adopted by the TCEQ on December 13, 2002, and approved by EPA on
September 6, 2006 (see 71 FR 52664). The revisions to section
101.350(10) adopted by the TCEQ on July 25, 2007, update the name and
acronym of the Houston/Galveston (HGA) ozone nonattainment area to
Houston/Galveston/Brazoria (HGB) ozone nonattainment area, consistent
with the 1997 eight-hour ozone designations.
2. Section 101.351--Applicability
The existing SIP-approved version of section 101.351(a) and (b) was
adopted by the TCEQ on December 13, 2002, and approved by EPA on
September 6, 2006 (see 71 FR 52664). The revisions to section
101.351(a) and (a)(1) adopted by the TCEQ on July 25, 2007, update the
name of the Houston/Galveston/Brazoria ozone nonattainment area to be
consistent with the definitions at section 101.350, update cross-
references to stationary source NOX rules at 30 TAC Chapter
117 as a result of the Chapter 117 recodification to the Texas SIP, and
provide grammatical changes.
3. Section 101.353--Allocation of Allowances
The existing SIP-approved version of section 101.353(a)-(h) was
adopted by the TCEQ on December 13, 2002, and approved by EPA on
September 6, 2006 (see 71 FR 52664). The revisions to section
101.353(a) adopted by the TCEQ on July 25, 2007, update the allowance
calculation figure to correctly cross-reference the recodified
stationary source NOX rules to the Texas SIP at 30 TAC
Chapter 117.
4. Section 101.354--Allowance Deductions
The existing SIP-approved version of section 101.354(a)-(g) was
adopted by the TCEQ on December 13, 2002, and approved by EPA on
September 6, 2006 (see 71 FR 52664). TCEQ revised section 101.354(a)
and (e) to correctly cross-reference the recodified stationary source
NOX rules to the Texas SIP at 30 TAC Chapter 117.
5. Section 101.360--Level of Activity Certification
The existing SIP-approved version of section 101.360(a)-(c) was
adopted by the TCEQ on December 13, 2002, and approved by EPA on
September 6, 2006 (see 71 FR 52664). TCEQ revised section 101.360(a)(3)
to correctly cross-reference the recodified stationary source
NOX rules to the Texas SIP at 30 TAC Chapter 117.
III. What Is EPA's Evaluation of This SIP Revision?
A. 30 TAC Chapter 101, Subchapter A
Section 101.22--Effective Date
The July 25, 2007, repeal of section 101.22 is approvable. The
Texas Administrative Code does not need to include the effective date
for the general air rules since each section now has its own effective
date included at the end of each section. Additionally, EPA includes
the effective date for each section that is approved into the Texas SIP
at 40 CFR 52.2270(c).
B. 30 TAC Chapter 101, Subchapter H, Division 3
1. Section 101.350--Definitions
The revisions to section 101.350(10) adopted by the TCEQ on July
25, 2007, are approvable. These revisions are non-substantive and serve
only to update the name and acronym of the Houston/Galveston (HGA)
ozone nonattainment area to Houston/Galveston/Brazoria (HGB) ozone
nonattainment area, consistent with the 1997 eight-hour ozone
designations. These revisions to do not affect the functionality of the
SIP-approved MECT program.
2. Section 101.351--Applicability
The revisions to section 101.351(a) and (a)(1) adopted by the TCEQ
on July 25, 2007, are approvable. These non-substantive revisions
update the name of the Houston/Galveston/Brazoria ozone nonattainment
area to be consistent with the definitions at section 101.350, update
cross-references to the stationary NOX rules at 30 TAC
Chapter 117 as a result of the Chapter 117 recodification to the Texas
SIP, and provide grammatical changes. The table below demonstrates that
the cross-references have been updated correctly and that no previous
SIP-approved section of Chapter 117 was overlooked in the cross-
reference update. These non-substantive revisions do not alter the
applicability or functionality of the SIP-approved MECT program.
------------------------------------------------------------------------
SIP-approved references in Sec.
101.351 As adopted by TCEQ December Recodified Chapter 117
13, 2002, effective January 17, 2003 references As adopted by TCEQ
Approved by EPA September 6, 2006 (71 July 25, 2007, effective August
FR 52664) 10, 2007
------------------------------------------------------------------------
Sec. 101.351(a) refers to sections: Sec. 101.351(a) refers to
sections:
Sec. 117.106--Emission Sec. 117.1210--Emission
Specifications for Attainment Specifications for
Demonstrations for Utility Attainment Demonstration at
Electric Generation in Ozone Major Utility Electric
Nonattainment Areas. Generation Sources in the
HGB Ozone Nonattainment
Area.
Sec. 117.206--Emission Sec. 117.310--Emission
Specifications for Attainment Specifications for
Demonstrations for Industrial, Attainment Demonstration
Commercial, and Institutional for Combustion Control at
Combustion Sources in Ozone Major Industrial,
Nonattainment Areas. Commercial, and
Institutional Sources in
the Houston-Galveston-
Brazoria Ozone
Nonattainment Area.
Sec. 117.475--Emission Sec. 117.2010--Emission
Specifications for Boilers, Specifications for
Process Heaters, and Stationary Combustion Control at Minor
Engines and Gas Turbines at Minor Sources in the HGB Ozone
Sources. Nonattainment Area.
------------------------------------------------------------------------
3. Section 101.353--Allocation of Allowances
The revisions to section 101.353(a) adopted by the TCEQ on July 25,
2007, are approvable. The non-substantive revisions to the allowance
calculation figure correctly cross-reference the recodified stationary
source NOX rules in the Texas SIP at 30 TAC Chapter 117. The
table below demonstrates that the cross-references have been updated
correctly and that no previous SIP-
[[Page 34506]]
approved section of Chapter 117 was overlooked in the cross-reference
update. These non-substantive revisions do not affect the calculation
of allowances or the functionality of the SIP-approved MECT program.
------------------------------------------------------------------------
SIP-approved references in Sec.
101.353 As adopted by TCEQ December Recodified Chapter 117
13, 2002, effective January 17, 2003 references As adopted by TCEQ
Approved by EPA September 6, 2006 (71 July 25, 2007, effective August
FR 52664) 10, 2007
------------------------------------------------------------------------
Figure 101.353(a)(2) refers to Figure 101.353(a)(2) refers to
sections: sections:
Sec. 117.106--Emission Sec. 117.1210--Emission
Specifications for Attainment Specifications for
Demonstrations for Utility Attainment Demonstration at
Electric Generation in Ozone Major Utility Electric
Nonattainment Areas. Generation Sources in the
HGB Ozone Nonattainment
Area.
Sec. 117.206--Emission Sec. 117.310--Emission
Specifications for Attainment Specifications for
Demonstrations for Industrial, Attainment Demonstration
Commercial, and Institutional for Combustion Control at
Combustion Sources in Ozone Major Industrial,
Nonattainment Areas. Commercial, and
Institutional Sources in
the Houston-Galveston-
Brazoria Ozone
Nonattainment Area.
Sec. 117.475--Emission Sec. 117.2010--Emission
Specifications for Boilers, Specifications for
Process Heaters, and Stationary Combustion Control at Minor
Engines and Gas Turbines at Minor Sources in the HGB Ozone
Sources. Nonattainment Area.
Figure 101.353(a)(3) refers to Figure 101.353(a)(3) refers to
sections: sections:
Sec. 117.206(c)(1)(A) and (B)-- Sec. 117.310(a)(1)(A) and
ESADs for gas-fired boilers. (B)--ESADs for gas-fired
boilers.
Sec. 117.206(c)(2)(A)--fluid Sec. 117.310(a)(2)(A)--
catalytic cracking units. fluid catalytic cracking
units.
Sec. 117.206(c)(5)--wood fuel Sec. 117.310(a)(5)--wood
fired boilers. fuel-fired boilers.
Sec. 117.206(c)(8)(A)(i)--process Sec. 117.310(a)(8)(A)(i)--
heaters other than pyrolysis process heaters other than
reactors. pyrolysis reactors.
Sec. 117.206(c)(8)(B)--process Sec. 117.310(a)(8)(B)--
heaters that are pyrolysis process heaters that are
reactors. pyrolysis reactors.
Sec. 117.206(c)(9)(A)(ii)-- Sec. 117.310(a)(9)(A)(ii)--
stationary, reciprocating internal stationary, reciprocating
combustion engines that are gas- internal combustion engines
fired rich burn engines not fired that are gas-fired rich
on landfill gas. burn engines not fired on
landfill gas.
Sec. 117.206(c)(10)--stationary Sec. 117.310(a)(10)--
gas turbines. stationary gas turbines.
Sec. 117.206(c)(11)--duct burners Sec. 117.310(a)(11)--duct
used in turbine exhaust ducts. burners used in turbine
exhaust ducts.
Figure 101.353(a)(5) refers to Figure 101.353(a)(5) refers to
sections: sections:
Sec. 117.106--Emission Sec. 117.1210--Emission
Specifications for Attainment Specifications for
Demonstrations for Utility Attainment Demonstration at
Electric Generation in Ozone Major Utility Electric
Nonattainment Areas. Generation Sources in the
HGB Ozone Nonattainment
Area.
Sec. 117.206--Emission Sec. 117.310--Emission
Specifications for Attainment Specifications for
Demonstrations for Industrial, Attainment Demonstration
Commercial, and Institutional for Combustion Control at
Combustion Sources in Ozone Major Industrial,
Nonattainment Areas. Commercial, and
Institutional Sources in
the Houston-Galveston-
Brazoria Ozone
Nonattainment Area.
Sec. 117.475--Emission Sec. 117.2010--Emission
Specifications for Boilers, Specifications for
Process Heaters, and Stationary Combustion Control at Minor
Engines and Gas Turbines at Minor Sources in the HGB Ozone
Sources. Nonattainment Area.
Figure 101.353(a)(6) refers to Figure 101.353(a)(6) refers to
sections: sections:
Sec. 117.206(c)(17)--alternative Sec. 117.310(a)(17)--
to the emission specifications in alternative to the emission
(c)(1)-(16). specifications in (a)(1)-
(16).
Sec. 117.475(c)(6)--alternative Sec. 117.2010(c)(6)--
to the emission specifications in alternative to the emission
(c)(1)-(5). specifications in (c)(1)-
(5).
------------------------------------------------------------------------
4. Section 101.354--Allowance Deductions
The July 25, 2007, revisions to section 101.354(a) and (e) are
approvable. These non-substantive revisions correctly cross-reference
the recodified stationary source NOX rules in the Texas SIP
at 30 TAC Chapter 117. The table below demonstrates that the cross-
references have been updated correctly and that no previous SIP-
approved section of Chapter 117 was overlooked in the cross-reference
update. These non-substantive revisions do not affect the calculation
of allowances or the functionality of the SIP-approved MECT program.
------------------------------------------------------------------------
SIP-approved references in Sec.
101.354 As adopted by TCEQ December Recodified Chapter 117
13, 2002, effective January 17, 2003 references As adopted by TCEQ
Approved by EPA September 6, 2006 (71 July 25, 2007, effective August
FR 52664) 10, 2007
------------------------------------------------------------------------
Sec. 101.354(a) refers to sections: Sec. 101.354(a) refers to
sections:
Sec. 117.114--Emission Testing Sec. 117.1240--Continuous
and Monitoring for the Houston/ Demonstration of Compliance
Galveston Attainment Demonstration for Utility Electric
for Utility Electric Generation in Generation Sources in HGB
Ozone Nonattainment Areas. Ozone Nonattainment Area.
Sec. 117.214--Emission Testing Sec. 117.340--Continuous
and Monitoring for the Houston/ Demonstration of Compliance
Galveston Attainment Demonstration for Major Industrial,
for Industrial, Commercial, and Commercial, and
Institutional Combustion Sources Institutional Sources in
in Ozone Nonattainment Areas. the HGB Ozone Nonattainment
Area.
Sec. 117.479--Monitoring, Sec. 117.2035--Monitoring
Recordkeeping, and Reporting and Testing Requirements
Requirements for Boilers, Process for Minor Sources in HGB
Heaters, and Stationary Engines Ozone Nonattainment Area.
and Gas Turbines at Minor Sources.
Sec. 117.354(e) refers to sections: Sec. 117.354(e) refers to
sections:
Sec. 117.206--Emission Sec. 117.310--Emission
Specifications for Attainment Specifications for
Demonstrations for Industrial, Attainment Demonstration
Commercial, and Institutional for Combustion Control at
Combustion Sources in Ozone Major Industrial,
Nonattainment Areas. Commercial, and
Institutional Sources in
the Houston-Galveston-
Brazoria Ozone
Nonattainment Area.
Sec. 117.475--Emission Sec. 117.2010--Emission
Specifications for Boilers, Specifications for
Process Heaters, and Stationary Combustion Control at Minor
Engines and Gas Turbines at Minor Sources in the HGB Ozone
Sources. Nonattainment Area.
[[Page 34507]]
Sec. 117.206(h)(3)--changes after Sec. 117.310(e)(3)--
December 31, 2000, to a unit changes after December 31,
subjected to an ESAD in section 2000, to a unit subject to
117.206(c). ESAD in section 117.310(a).
Sec. 117.475(f)--changes after Sec. 117.2010(f)--changes
December 31, 2000 to a unit after December 31, 2000, to
subjected to an ESAD in section a unit subject to an ESAD
117.475(c). in section 117.2010(c).
------------------------------------------------------------------------
5. Section 101.360--Level of Activity Certification
The July 25, 2007, revisions to section 101.360(a)(3) are
approvable. These non-substantive revisions correctly cross-reference
the recodified stationary source NOX rules in the Texas SIP
at 30 TAC Chapter 117. The table below demonstrates that the cross-
references have been updated correctly and that no previous SIP-
approved section of Chapter 117 was overlooked in the cross-reference
update. These non-substantive revisions do not affect the calculation
of allowances or the functionality of the SIP-approved MECT program.
------------------------------------------------------------------------
SIP-approved references in Sec.
101.360 As adopted by TCEQ December Recodified Chapter 117
13, 2002, effective January 17, 2003 references As adopted by TCEQ
Approved by EPA September 6, 2006 (71 July 25, 2007, effective August
FR 52664) 10, 2007
------------------------------------------------------------------------
Sec. 101.360(a)(3) refers to Sec. 101.360(a)(3) refers to
sections: sections:
Sec. 117.106--Emission Sec. 117.1210--Emission
Specifications for Attainment Specifications for
Demonstrations for Utility Attainment Demonstration at
Electric Generation in Ozone Major Utility Electric
Nonattainment Areas. Generation Sources in the
HGB Ozone Nonattainment
Area.
Sec. 117.206--Emission Sec. 117.310--Emission
Specifications for Attainment Specifications for
Demonstrations for Industrial, Attainment Demonstration
Commercial, and Institutional for Combustion Control at
Combustion Sources in Ozone Major Industrial,
Nonattainment Areas. Commercial, and
Institutional Sources in
the Houston-Galveston-
Brazoria Ozone
Nonattainment Area.
Sec. 117.475--Emission Sec. 117.2010--Emission
Specifications for Boilers, Specifications for
Process Heaters, and Stationary Combustion Control at Minor
Engines and Gas Turbines at Minor Sources in the HGB Ozone
Sources. Nonattainment Area.
------------------------------------------------------------------------
C. Does Approval of Texas's Rule Revisions Interfere With Attainment,
Reasonable Further Progress, or Any Other Applicable Requirement of the
Act?
Section 110(l) of the CAA states that EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. Our review of
the Texas SIP submittals indicate that the revisions will not interfere
with any applicable requirements concerning attainment and reasonable
further progress towards attainment of the NAAQS or any other
applicable requirements of the Act.
IV. Final Action
EPA is taking direct final action to approve portions of one
revision to the Texas SIP submitted August 16, 2007. Specifically, EPA
is approving the repeal of the effective date provision at 30 TAC
Chapter 101, Subchapter A, section 101.22. EPA is also approving non-
substantive revisions to the MECT program at 30 TAC Chapter 101,
Subchapter H, Division 3, sections 101.350(10), 101.351(a), 101.353(a),
101.354(a) and (e), and 101.360(a)(3).
EPA is not taking action on the revisions to the general air
quality definitions at 30 TAC Chapter 101, Subchapter A, section 101.1,
revisions to the Emission Credit Banking and Trading Program at 30 TAC
Chapter 101, Subchapter H, Division 1, sections 101.302, revisions to
Discrete Emission Credit Banking and Trading Program at 30 TAC Chapter
101, Subchapter H, Division 4, sections 101.372 and 101.376, or
revisions to the System Cap Trading Program at 30 TAC Chapter 101,
Subchapter H, Division 5, 101.383, and 101.385. These revisions remain
under review by EPA and available for future actions.
V. 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 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 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.);
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 (Pub. L. 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
[[Page 34508]]
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 14, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 6, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under ``Chapter 101--General Air Quality
Rules'' as follows:
0
a. Under Subchapter A, by removing the entry for Section 101.22,
Effective Date;
0
b. Under Subchapter H, Division 3, by revising the entries for Sections
101.350, 101.351, 101.353, 101.354, and 101.360.
The revisions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Emissions Banking and Trading
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 3--Mass Emissions Cap and Trade Program
----------------------------------------------------------------------------------------------------------------
Section 101.350.................. Definitions......... 7/25/2007 July 16, 2009 ....................
[Insert FR page
number where
document begins].
Section 101.351.................. Applicability....... 7/25/2007 July 16, 2009 ....................
[Insert FR page
number where
document begins].
* * * * * * *
Section 101.353.................. Allocation of 7/25/2007 July 16, 2009
Allowances. [Insert FR page
number where
document begins].
Section 101.354.................. Allowance Deductions 7/25/2007 July 16, 2009 ....................
[Insert FR page
number where
document begins].
* * * * * * *
Section 101.360.................. Level of Activity 7/25/2007 July 16, 2009
Certification. [Insert FR page
number where
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. E9-16866 Filed 7-15-09; 8:45 am]
BILLING CODE 6560-50-P
