Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard, 21144-21146 [2014-08331]

Download as PDF 21144 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES Name of SIP provision Applicable geographic or nonattainment area * * Interstate transport for the 2006 PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance). * Statewide ..................... [FR Doc. 2014–08484 Filed 4–14–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2012–0100; FRL–9909–51– Region 6] Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing its proposal to approve revisions to the Texas State Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) 1997 8-Hour ozone nonattainment Area (Area). The HGB Area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. Specifically, we are finalizing our proposed approval of portions of two revisions to the Texas SIP submitted by the Texas Commission on Environmental Quality (TCEQ) as meeting certain Reasonably Available Control Technology (RACT) requirements for Volatile Organic Compounds (VOC) in the HGB Area. This action is in accordance with section 110 of the federal Clean Air Act (the Act, CAA). DATES: This rule will be effective on May 15, 2014. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2012–0100. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be SUMMARY: ehiers on DSK2VPTVN1PROD with RULES State submittal/effective date VerDate Mar<15>2010 14:48 Apr 14, 2014 Jkt 232001 * 5/16/2011 5/21/2013 EPA approval date Explanation * 4/15/2014 [Insert FR page number where document begins]. * * SIP submission dated 5/16/2011, technical supplement dated 5/21/ 2013. publicly available only in hard copy form. Publicly available docket materials are available either electronically through 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. FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD–L), telephone (214) 665–2164, email shar.alan@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Outline I. Background A. What actions are we finalizing? 1. The June 13, 2007 Submittal 2. The April 6, 2010 Submittal B. When did the public comment period expire? II. Evaluation A. What are the public comments and EPA’s response to them? B. What is TCEQ’s approach and analysis to RACT? C. What source categories are we addressing in this action? D. Are there any negative declarations associated with the VOC source categories in the HGB Area? E. Is Texas’ approach to RACT determination for VOC sources based on the June 13, 2007 and April 6, 2010 submittals acceptable? III. Final Action IV. Statutory and Executive Order Reviews I. Background A. What actions are we finalizing? We are finalizing our January 9, 2014 (79 FR 1612) proposal to approve portions of revisions to the Texas SIP submitted to EPA with two separate letters dated June 13, 2007 and April 6, 2010 from TCEQ. These two separate submittals are described below. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 1. The June 13, 2007 Submittal The June 13, 2007 submittal concerns revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile Organic Compounds. In addition, the June 13, 2007 submittal included an analysis intended to demonstrate RACT was being implemented in the HGB Area as required by the CAA (Appendix D of the submittal). We approved selected revisions as meeting RACT under the 8-hour ozone NAAQS for some, but not all of the submitted industry source categories in the HGB Area, on April 2, 2013 at 78 FR 19599. In our January 9, 2014 (79 FR 1612) proposal, we addressed additional source categories covered in this SIP submittal. 2. The April 6, 2010 Submittal In conjunction with the June 13, 2007 submittal, we are also finalizing our proposal to approve a part of the April 6, 2010 revision to the Texas SIP for VOC RACT purposes. Specifically, we find that Texas has met certain RACT requirements under section 182(b). For more information on RACT evaluation for the HGB Area see section B of the January 9, 2014 (79 FR 1612) proposal. B. When did the public comment period expire? The public comment period for the January 9, 2014 (79 FR 1612) proposal expired on February 10, 2014. II. Evaluation A. What are the public comments and EPA’s response to them? Comment: An individual commented that pollution has to stop at the source, there should be zero waste, and the polluter has to pay. Response: EPA is not aware of a reasonably available and technologically feasible method to achieve zero waste for the source categories identified in Table 1 of the January 9, 2014 (79 FR 1612) proposal. The commenter did not provide any information to this effect, and no contact information was made available by the commenter in order for EPA to pursue an inquiry regarding E:\FR\FM\15APR1.SGM 15APR1 21145 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations existence of such control technology. Furthermore, section 113 of the CAA provides for the enforcement and compliance of applicable emission requirements with which a source will need to comply. No change to the proposal is made as a result of this comment. B. What is TCEQ’s approach and analysis to RACT? As stated in the January 9, 2014 (79 FR 1612) proposal, under sections 182(b)(2)(A) and (B) states must ensure RACT is in place for each source category for which EPA issued a Control Techniques Guidelines (CTG), and for any major source not covered by a CTG. As a part of its June 13, 2007 submittal, TCEQ conducted a RACT analysis to demonstrate that the RACT requirements for CTG sources in the HGB 8-Hour ozone nonattainment Area have been fulfilled. The TCEQ revised and supplemented this analysis in its April 6, 2010 submittal. The TCEQ conducted its analysis by: (1) Identifying all categories of CTG and major non-CTG sources of VOC emissions within the HGB Area; (2) Listing the state regulation that implements or exceeds RACT requirements for that CTG or non-CTG category; (3) Detailing the basis for concluding that these regulations fulfill RACT through comparison with established RACT requirements described in the CTG guidance documents and rules developed by other state and local agencies; and (4) Submitting negative declarations when there are no CTG or major Non-CTG sources of VOC emissions within the HGB Area. C. What source categories are we addressing in this action? Table 1 of the January 9, 2014 (79 FR 1612) proposal contained a list of VOC source categories and their corresponding sections of 30 TAC Chapter 115 to fulfill the applicable RACT requirements under section 182(b) of the Act. TABLE 1—CTG SOURCE CATEGORIES AND THEIR CORRESPONDING TEXAS VOC RACT RULES Chapter 115, fulfilling RACT Source category in HGB area CTG reference document Aerospace ...................................... Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations. Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: Surface Coating of Insulation of Magnet Wire. Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks Control of Volatile Organic Emissions from Use of Cutback Asphalt ............................. Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations. Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners Surface coating for insulation of magnets. Surface coating of coils ................. Surface coating of fabrics .............. Surface coating of cans ................. Use of cutback asphalt .................. Wood furniture ............................... Large petroleum dry cleaners ........ D. Are there any negative declarations associated with the VOC source categories in the HGB Area? Yes, Texas has declared that there are no Fiberglass Boat Manufacturing Materials Operations, Leather Tanning and Finishing Operations, Surface Coating for Flat Wood Paneling Operations, Letterpress Printing, Automobile and Light-Duty Truck Assembly Coating Operations, and Vegetable Oil Manufacturing Operations that are major sources in the HGB Area. Previously, we have approved a negative declaration for the Rubber Tire Manufacturing Operations in the HGB Area. As such, TCEQ does not have to adopt VOC regulations relevant to these source categories at this time for the HGB Area. ehiers on DSK2VPTVN1PROD with RULES E. Is Texas’ approach to RACT determination for VOC sources based on the June 13, 2007 and April 6, 2010 submittals acceptable? Yes. The purpose of 30 TAC Chapter 115 rules for the HGB Area is to establish reasonable controls on the emissions of ozone precursors. Texas has reviewed its VOC rules and has certified that its rules satisfy RACT requirements. We find the Texas RACT VerDate Mar<15>2010 14:48 Apr 14, 2014 Jkt 232001 determination to be acceptable. Based upon our evaluation, we find that Texas has RACT-level controls in place for all required sources for the HGB Area under the 1997 8-Hour ozone standard. III. Final Action Today, we are approving the proposal to find that with respect to the VOC source categories identified in Table 1 of the January 9, 2014 (79 FR 1612) proposal, Texas has RACT-level controls in place for the HGB Area under the 1997 8-Hour ozone standard. We are also approving the negative declarations as explained in section II(D) of this action. The EPA had previously approved RACT for VOC and NOX into Texas’ SIP under the 1-Hour ozone standard. 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. If a portion of the plan revision meets all the applicable requirements of this chapter and Federal regulations, the Administrator may approve the plan revision in part. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 §§ 115.420–429. §§ 115.420–429. §§ 115.420–429. §§ 115.420–429. §§ 115.420–429. §§ 115.510–519. §§ 115.420–429. §§ 115.552–559. in reviewing SIP submissions, EPA’s role is to approve state choices that meet the criteria of the Act, and to disapprove state choices that do not meet the criteria of the Act. Accordingly, this proposed action 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.); • 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); E:\FR\FM\15APR1.SGM 15APR1 21146 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations • 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; • 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); and • 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. 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 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 1, 2014. Samuel Coleman, Acting Regional Administrator, Region 6. 2. In Section 52.2270, the second table in paragraph (e) entitled ‘‘EPAApproved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP’’ is amended by adding two entries at the end to read as follows: ■ § 52.2270 * Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: Identification of plan. * * (e) * * * * * EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP Applicable geographic or nonattainment area Name of SIP provision * VOC RACT negative declaration for Fiberglass Boat Manufacturing Materials, Leather Tanning and Finishing, Surface Coating for Flat Wood Paneling, Letterpress Printing, Automobile and Light-Duty Truck Assembly Coating, Rubber Tire Manufacturing, and Vegetable Oil Manufacturing Operations. VOC RACT finding for the 1997 8-hour ozone NAAQS, except for the 2006–2010 EPA-issued CTG series. * * * Brazoria, Chambers, Fort April 6, 2010. Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties, TX. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 ehiers on DSK2VPTVN1PROD with RULES [EPA–R07–OAR–2013–0692; FRL–9909–45– Region 7] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Air Emissions From Existing Municipal Solid Waste Landfills; State of Missouri Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: 14:48 Apr 14, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Comments * * April 15, 2014 [Insert FR page number where document begins]. The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the state section 111 plan for Municipal Solid Waste (MSW) Landfills submitted by the State of Missouri Department of Natural Resources. This plan contains state rules ‘‘Municipal Solid Waste Landfills’’ and ‘‘Restriction of Emissions from Municipal Solid Waste Landfills’’ that were updated as a result of amendments to the Federal Emission Guidelines (EG) published April 10, 2000; October 17, 2000; and September 21, 2006. The plan also corrects typographical and administrative changes in the Missouri Rules. This approval means that EPA finds the State Plan meets applicable Clean Air Act (CAA) requirements. SUMMARY: BILLING CODE 6560–50–P EPA Approval date * Brazoria, Chambers, Fort April 6, 2010 ..................... Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties, TX. [FR Doc. 2014–08331 Filed 4–14–14; 8:45 am] VerDate Mar<15>2010 State submittal/effective date This direct final rule will be effective June 16, 2014, without further notice, unless EPA receives adverse comments by May 15, 2014. If EPA receives adverse comments, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. DATES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2013–0692, by one of the following methods: 1. www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: Bernstein.craig@epa.gov. 3. Mail or Hand Delivery: Craig Bernstein, Environmental Protection Agency, Air Planning and Development ADDRESSES: E:\FR\FM\15APR1.SGM 15APR1

Agencies

[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21144-21146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08331]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0100; FRL-9909-51-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for the 1997 8-Hour Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing its 
proposal to approve revisions to the Texas State Implementation Plan 
(SIP) for the Houston/Galveston/Brazoria (HGB) 1997 8-Hour ozone 
nonattainment Area (Area). The HGB Area consists of Brazoria, Chambers, 
Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. 
Specifically, we are finalizing our proposed approval of portions of 
two revisions to the Texas SIP submitted by the Texas Commission on 
Environmental Quality (TCEQ) as meeting certain Reasonably Available 
Control Technology (RACT) requirements for Volatile Organic Compounds 
(VOC) in the HGB Area. This action is in accordance with section 110 of 
the federal Clean Air Act (the Act, CAA).

DATES: This rule will be effective on May 15, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0100. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through 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.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD-L), telephone (214) 
665-2164, email shar.alan@epa.gov.

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

Outline

I. Background
    A. What actions are we finalizing?
    1. The June 13, 2007 Submittal
    2. The April 6, 2010 Submittal
    B. When did the public comment period expire?
II. Evaluation
    A. What are the public comments and EPA's response to them?
    B. What is TCEQ's approach and analysis to RACT?
    C. What source categories are we addressing in this action?
    D. Are there any negative declarations associated with the VOC 
source categories in the HGB Area?
    E. Is Texas' approach to RACT determination for VOC sources 
based on the June 13, 2007 and April 6, 2010 submittals acceptable?
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. What actions are we finalizing?

    We are finalizing our January 9, 2014 (79 FR 1612) proposal to 
approve portions of revisions to the Texas SIP submitted to EPA with 
two separate letters dated June 13, 2007 and April 6, 2010 from TCEQ. 
These two separate submittals are described below.
1. The June 13, 2007 Submittal
    The June 13, 2007 submittal concerns revisions to 30 TAC, Chapter 
115 Control of Air Pollution from Volatile Organic Compounds. In 
addition, the June 13, 2007 submittal included an analysis intended to 
demonstrate RACT was being implemented in the HGB Area as required by 
the CAA (Appendix D of the submittal). We approved selected revisions 
as meeting RACT under the 8-hour ozone NAAQS for some, but not all of 
the submitted industry source categories in the HGB Area, on April 2, 
2013 at 78 FR 19599. In our January 9, 2014 (79 FR 1612) proposal, we 
addressed additional source categories covered in this SIP submittal.
2. The April 6, 2010 Submittal
    In conjunction with the June 13, 2007 submittal, we are also 
finalizing our proposal to approve a part of the April 6, 2010 revision 
to the Texas SIP for VOC RACT purposes. Specifically, we find that 
Texas has met certain RACT requirements under section 182(b). For more 
information on RACT evaluation for the HGB Area see section B of the 
January 9, 2014 (79 FR 1612) proposal.

B. When did the public comment period expire?

    The public comment period for the January 9, 2014 (79 FR 1612) 
proposal expired on February 10, 2014.

II. Evaluation

A. What are the public comments and EPA's response to them?

    Comment: An individual commented that pollution has to stop at the 
source, there should be zero waste, and the polluter has to pay.
    Response: EPA is not aware of a reasonably available and 
technologically feasible method to achieve zero waste for the source 
categories identified in Table 1 of the January 9, 2014 (79 FR 1612) 
proposal. The commenter did not provide any information to this effect, 
and no contact information was made available by the commenter in order 
for EPA to pursue an inquiry regarding

[[Page 21145]]

existence of such control technology. Furthermore, section 113 of the 
CAA provides for the enforcement and compliance of applicable emission 
requirements with which a source will need to comply.
    No change to the proposal is made as a result of this comment.

B. What is TCEQ's approach and analysis to RACT?

    As stated in the January 9, 2014 (79 FR 1612) proposal, under 
sections 182(b)(2)(A) and (B) states must ensure RACT is in place for 
each source category for which EPA issued a Control Techniques 
Guidelines (CTG), and for any major source not covered by a CTG. As a 
part of its June 13, 2007 submittal, TCEQ conducted a RACT analysis to 
demonstrate that the RACT requirements for CTG sources in the HGB 8-
Hour ozone nonattainment Area have been fulfilled. The TCEQ revised and 
supplemented this analysis in its April 6, 2010 submittal. The TCEQ 
conducted its analysis by: (1) Identifying all categories of CTG and 
major non-CTG sources of VOC emissions within the HGB Area; (2) Listing 
the state regulation that implements or exceeds RACT requirements for 
that CTG or non-CTG category; (3) Detailing the basis for concluding 
that these regulations fulfill RACT through comparison with established 
RACT requirements described in the CTG guidance documents and rules 
developed by other state and local agencies; and (4) Submitting 
negative declarations when there are no CTG or major Non-CTG sources of 
VOC emissions within the HGB Area.

C. What source categories are we addressing in this action?

    Table 1 of the January 9, 2014 (79 FR 1612) proposal contained a 
list of VOC source categories and their corresponding sections of 30 
TAC Chapter 115 to fulfill the applicable RACT requirements under 
section 182(b) of the Act.

                   Table 1--CTG Source Categories and Their Corresponding Texas VOC RACT Rules
----------------------------------------------------------------------------------------------------------------
      Source category in HGB area               CTG reference document           Chapter 115,  fulfilling RACT
----------------------------------------------------------------------------------------------------------------
Aerospace..............................  Control of Volatile Organic Compound  Sec.  Sec.   115.420-429.
                                          Emissions from Coating Operations
                                          at Aerospace Manufacturing and
                                          Rework Operations.
Surface coating for insulation of        Control of Volatile Organic           Sec.  Sec.   115.420-429.
 magnets.                                 Emissions from Existing Stationary
                                          Sources--Volume IV: Surface Coating
                                          of Insulation of Magnet Wire.
Surface coating of coils...............  Surface Coating of Cans, Coils,       Sec.  Sec.   115.420-429.
                                          Paper, Fabrics, Automobiles, and
                                          Light-Duty Trucks.
Surface coating of fabrics.............  Surface Coating of Cans, Coils,       Sec.  Sec.   115.420-429.
                                          Paper, Fabrics, Automobiles, and
                                          Light-Duty Trucks.
Surface coating of cans................  Surface Coating of Cans, Coils,       Sec.  Sec.   115.420-429.
                                          Paper, Fabrics, Automobiles, and
                                          Light-Duty Trucks.
Use of cutback asphalt.................  Control of Volatile Organic           Sec.  Sec.   115.510-519.
                                          Emissions from Use of Cutback
                                          Asphalt.
Wood furniture.........................  Control of Volatile Organic Compound  Sec.  Sec.   115.420-429.
                                          Emissions from Wood Furniture
                                          Manufacturing Operations.
Large petroleum dry cleaners...........  Control of Volatile Organic Compound  Sec.  Sec.   115.552-559.
                                          Emissions from Large Petroleum Dry
                                          Cleaners.
----------------------------------------------------------------------------------------------------------------

D. Are there any negative declarations associated with the VOC source 
categories in the HGB Area?

    Yes, Texas has declared that there are no Fiberglass Boat 
Manufacturing Materials Operations, Leather Tanning and Finishing 
Operations, Surface Coating for Flat Wood Paneling Operations, 
Letterpress Printing, Automobile and Light-Duty Truck Assembly Coating 
Operations, and Vegetable Oil Manufacturing Operations that are major 
sources in the HGB Area. Previously, we have approved a negative 
declaration for the Rubber Tire Manufacturing Operations in the HGB 
Area. As such, TCEQ does not have to adopt VOC regulations relevant to 
these source categories at this time for the HGB Area.

E. Is Texas' approach to RACT determination for VOC sources based on 
the June 13, 2007 and April 6, 2010 submittals acceptable?

    Yes. The purpose of 30 TAC Chapter 115 rules for the HGB Area is to 
establish reasonable controls on the emissions of ozone precursors. 
Texas has reviewed its VOC rules and has certified that its rules 
satisfy RACT requirements. We find the Texas RACT determination to be 
acceptable. Based upon our evaluation, we find that Texas has RACT-
level controls in place for all required sources for the HGB Area under 
the 1997 8-Hour ozone standard.

III. Final Action

    Today, we are approving the proposal to find that with respect to 
the VOC source categories identified in Table 1 of the January 9, 2014 
(79 FR 1612) proposal, Texas has RACT-level controls in place for the 
HGB Area under the 1997 8-Hour ozone standard. We are also approving 
the negative declarations as explained in section II(D) of this action. 
The EPA had previously approved RACT for VOC and NOX into 
Texas' SIP under the 1-Hour ozone standard.

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. If a portion of the plan revision meets 
all the applicable requirements of this chapter and Federal 
regulations, the Administrator may approve the plan revision in part. 
42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 
EPA's role is to approve state choices that meet the criteria of the 
Act, and to disapprove state choices that do not meet the criteria of 
the Act. Accordingly, this proposed action 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.);
     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);

[[Page 21146]]

     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;
     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); and
     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, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: April 1, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations 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. In Section 52.2270, the second table in paragraph (e) entitled 
``EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures 
in the Texas SIP'' is amended by adding two entries at the end to read 
as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                      Applicable
      Name of SIP provision          geographic or     State submittal/    EPA Approval date       Comments
                                  nonattainment area    effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
VOC RACT negative declaration     Brazoria,           April 6, 2010.
 for Fiberglass Boat               Chambers, Fort
 Manufacturing Materials,          Bend, Galveston,
 Leather Tanning and Finishing,    Harris, Liberty,
 Surface Coating for Flat Wood     Montgomery and
 Paneling, Letterpress Printing,   Waller Counties,
 Automobile and Light-Duty Truck   TX.
 Assembly Coating, Rubber Tire
 Manufacturing, and Vegetable
 Oil Manufacturing Operations.
VOC RACT finding for the 1997 8-  Brazoria,           April 6, 2010.....  April 15, 2014
 hour ozone NAAQS, except for      Chambers, Fort                          [Insert FR page
 the 2006-2010 EPA-issued CTG      Bend, Galveston,                        number where
 series.                           Harris, Liberty,                        document begins].
                                   Montgomery and
                                   Waller Counties,
                                   TX.
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[FR Doc. 2014-08331 Filed 4-14-14; 8:45 am]
BILLING CODE 6560-50-P