Approval and Promulgation of Implementation Plans: Texas; Control of Emissions of Nitrogen Oxides from Cement Kilns
Federal Register: July 11, 2008 (Volume 73, Number 134)
Proposed Rules
Page 39900-39911
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr11jy08-12
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52
EPA-R06-OAR-2007-0523; FRL-8690-5
Approval and Promulgation of Implementation Plans; Texas; Control of Emissions of Nitrogen Oxides (NOX) From Stationary Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The EPA is proposing approval of rules for the control of
NOXemissions into the Texas State Implementation Plan
(SIP). The Texas
Page 39901
Commission on Environmental Quality (TCEQ) submitted this revision to the SIP to us on May 30, 2007 (May 30, 2007 SIP revision). The May 30, 2007 SIP revision is a substantive and non-substantive recodification and reformatting of the NOXrules currently approved in the
Texas SIP. This revision also includes a part of the NOX reductions needed for the Dallas/Forth Worth (D/FW) area to attain the
Federal 8-hour ozone National Ambient Air Quality Standard (NAAQS).
This rulemaking covers four separate actions. First, we are proposing to approve the repeal of the current Chapter 117 rules that correspond to the non-substantive new rules and the revised and reformatted rules because the reformatted revision will better accommodate future additions/revisions to the rules. See section 1 of this document.
Second, we are proposing to approve revisions to the Texas SIP that add new controls for the D/FW major NOXpoint sources. We are not, however, taking action on the Texas rules for cement plants in this document. The rules for cement plants are being evaluated in a separate Federal Register document. See sections 5, 6, 13, and 14 of this document. Third, we are proposing to approve revisions to the
Texas SIP that add new controls for D/FW minor NOXsources.
See section 15 of this document. Fourth, we are proposing to approve revisions to the Texas SIP that add new controls for combustion sources in East Texas. See section 16 of this document. These NOX reductions will assist the D/FW area to attain the 8-hour ozone NAAQS.
We are proposing approval of these actions as meeting the requirements of section 110 and part D of the Federal Clean Air Act (the Act).
DATES: Comments must be received on or before August 11, 2008.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2007-0523, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/ region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR- 2007-0523. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through www.regulations.gov or e-mail that you consider to be CBI or otherwise protected from disclosure. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cent per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas 75202- 2733.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by appointment:
Texas Commission on Environmental Quality, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6691, fax
(214) 665-7263, e-mail address shar.alan @epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
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General Information
What Should I Consider as I Prepare My Comments for EPA?
-
Submitting CBI. Do not submit this information to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
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Tips for Preparing Your Comments. When submitting comments, remember to:
Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).
Page 39902
Follow directions--The agency may ask you to respond to specific questions or organize comments by referencing a CFR part or section number.
Explain why you agree or disagree, suggest alternatives, and substitute language for your requested changes.
Describe any assumptions and provide any technical information and/or data that you used.
If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.
Provide specific examples to illustrate your concerns, and suggest alternatives.
Explain your views as clearly as possible, avoiding the use of profanity or personal threats.
Make sure to submit your comments by the comment period deadline identified.
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Background
Table of Contents 1. What are we proposing to approve? 2. What is the relationship between the May 30, 2007 SIP revision and the ozone attainment demonstration plan for the D/FW? 3. What sections of the May 30, 2007, SIP revision will become part of Texas SIP? 4. What sections of the May 30, 2007, SIP revision will not become part of Texas SIP? 5. What sections of the May 30, 2007, SIP revision are we not acting upon in this proposal? 6. What Counties in the D/FW area will the May 30, 2007, SIP revision affect? 7. What Counties in East and Central Texas will the May 30, 2007,
SIP revision affect? 8. What is Ozone and why do we regulate it? 9. What are NOX? 10. What is a SIP? 11. What areas in Texas will today's rulemaking action affect? 12. What is the section 110(l) ``anti-backsliding'' analysis for the
May 30, 2007 SIP revision? 13. What are the NOXemissions requirements for point sources in the D/FW area that we are proposing to approve? 14. What are the NOXemission requirements for stationary diesel engines in the D/FW area that we are proposing to approve? 15. What are the NOXemissions specifications for minor sources of NOXin the D/FW area that we are proposing to approve? 16. What are the NOXemissions requirements for stationary reciprocating internal combustion engines (RICE) in East
Texas that we are proposing to approve? 17. What are the compliance schedules for NOXemissions sources that we are proposing to approve? 1. What are we proposing to approve?
On May 30, 2007, TCEQ submitted rule revisions to 30 TAC, Chapter 117, ``Control of Air Pollution from Nitrogen Compounds,'' as a revision to the Texas SIP for point sources of NOX(May 30, 2007 SIP revision). The State of Texas submitted the May 30, 2007 SIP revision to us, to, among other things, provide a portion of the
NOXreductions needed for the D/FW area to attain the
Federal 8-hour ozone NAAQS. We are taking four separate actions in this rulemaking action.
First, these revisions involve repealing the current Chapter 117 rules, and simultaneously proposing to approve into the Texas SIP, a new reformatted Chapter 117. We are proposing to approve the repeal of the current Chapter 117, and the recodification and reformatting of
Chapter 117 because the reformatted revision will better accommodate future additions/revisions to the rules and will maintain consistency between the State rules and Federal SIP. We are proposing to approve all of the non-substantive reformatted, restructured, renumbered, reorganized, and administrative revisions to the wording of Chapter 117 into Texas SIP. We want to clarify that the specifically identified rules do not make any changes to the substance of the rules that we previously approved into the Texas SIP, Chapter 117. By approving the repeal of the current Texas SIP, Chapter 117's rules we are making it clear that the new rules replace the previous rules in their entirety.
We are proposing to approve these non-substantive reformatted, restructured, renumbered, reorganized, and administrative revisions to the wording of Chapter 117 under section 110 and part D of the Act. For a full list of affected sections see section 3 of this document.
Second, we are proposing to approve revisions to the D/FW
NOXmajor point source rules. See sections 5, 6, 13, and 14 of this document. Sections 117.410(a), 117.410(b) and 117.310(b) contain substantive changes in the reformatted Chapter 117 rules that result in additional NOXreductions. These reductions were not previously a part of EPA-approved Texas SIP, Chapter 117.
Third, we are proposing to approve revisions to the D/FW minor source rules for the control of NOX. See section 15 of this document. Sections 117.2010(a) and 117.2110(a) contain substantive changes in the reformatted Chapter 117 rules that result in additional
NOXreductions which will help the DFW area to attain the 1997 8-hour ozone standard. These reductions were not previously a part of EPA-approved Texas SIP, Chapter 117.
Fourth, we are proposing to approve revisions to the rules for the control of NOXemissions from combustion sources in East
Texas. See section 16 of this document. Sections 117.3310(a) and 117.3010(a) contain substantive changes in the reformatted Chapter 117 rules that result in 22.4 Tons Per Day (TPD) of cumulative
NOXreductions. These reductions were not previously a part of EPA-approved Texas SIP, Chapter 117.
Tables 1 and 2 list the section of the Texas rules with significant modifications and minor substantive modifications, respectively. Since
Texas has reformatted and recodified the rule, the remaining sections of Chapter 117 are affected by this revision in nonsubstantive ways.
Table 3 lists all of the sections that are impacted by this revision both in substantive and in nonsubstantive ways.
Table 1 contains a list of the sections of Chapter 117 with significant modifications. Also see Figure 1 of 30 TAC Chapter 117 at 31 Texas Register 10899, published December 29, 2006.
Table 1.--Description and Sections of 30 TAC, Chapter 117 Proposed for
Modification
Description
Section
Subchapter A: Definitions............... 117.10(2), 117.10(14), 117.10(24), 117.10(29), 117.10(44), and 117.10(51).
Subchapter B, Division 4, Dallas-Fort
117.400-117.456.
Worth Eight Hour Ozone Nonattainment
Area Major Sources.
Removal from Subchapter B, Division 2
117.200(b). after compliance date for Division 4.
Subchapter C, Division 4, Dallas-Fort
117.1300-117.1356.
Worth Eight Hour Ozone Nonattainment
Area Utility Electric Generation
Sources.
Removal from Subchapter C, Division 2
117.1100(c) after compliance date for Division 4.
Subchapter D, Division 2, Dallas-Fort
117.2100-117.2145.
Worth Eight Hour Ozone Nonattainment
Area Minor Sources.
Page 39903
Subchapter E: Multi-Region Combustion
117.3300-117.3345.
Control, Division 4, East Texas
Combustion.
Subchapter H: Administrative Provisions, 117.9030, 117.9130, 117.9210,
Division 1, Compliance Schedules.
117.9320, and 117.9340.
The following Table 2 contains a list of changes to existing
Chapter 117 language that are minor in nature. Also see Figure 1 of 30
TAC Chapter 117 at 31 Texas Register 10900, published December 29, 2006.
Table 2.--Description and Sections of 30 TAC, Chapter 117 With Minor
Changes
Description
Section
Add equation for oxygen correction of
117.10(35). pollutant concentration.
Update utility boiler definition and
117.10(52), 117.1000, utility electric generation rules
117.1100, and 117.1200. applicability consistent with East and
Central Texas utility rules.
Update emergency fuel oil exemption to 117.1003(c), 117.1103(c), and include only appropriate reliability
117.1203(c). councils.
Include list of ammonia methods in test 117.8000(c). methods procedures.
Allow major sources to petition ED for 117.8000(b) shorter test times.
Change references of ``upsets'' to
117.123(k), 117.223(k),
``emissions events.''
117.323(k), 117.1020(k), 117.1120(k), and 117.1220(k).
Clarify system cap equations to allow
117.320(c). for adjustment period after startup.
Additional data substitution option for 117.340(c). major sources subject to MECT.
Expand engine low use requirement from 117.8140(b). quarterly testing to BPA and D/FW.
Update references to 101.222 to be
101.222, 117.145(a), consistent with current.
117.245(a), 117.345(a), 117.1045(a), 117.1145(a), 117.1245(a), and 117.3045(a).
Clarify compliance schedule for
117.9020(2)(B). industrial EGFs to submit level of activity information.
For more details on each of these actions, you can refer to our
Technical Support Document (TSD) developed in conjunction with this rulemaking action. We are proposing to approve revisions to 30 TAC,
Chapter 117, described above as actions one through four, because these revisions to 30 TAC Chapter 117 will enhance the Texas SIP for controlling NOXemissions from stationary sources and the
NOXemission reductions will assist the D/FW area to attain the 1997 8-hour ozone NAAQS. Furthermore, approving the non-substantive changes will maintain consistency between the State rules and Federal
SIP. 2. What is the relationship between the May 30, 2007 SIP revision and the ozone attainment demonstration plan for the D/FW?
The resulting emissions reductions of NOX, an ozone precursor, from this SIP revision will assist in bringing the D/FW area into attainment with the 8-hour ozone NAAQS, and help with the maintenance of the ozone NAAQS in the East and Central parts of the
State. We will be reviewing the 8-hour ozone attainment demonstration plan in a separate rulemaking action. 3. What sections of the May 30, 2007, SIP revision will become part of
Texas SIP?
Table 3 below contains a summary list of the sections of 30 TAC,
Chapter 117 that Texas submitted on May 30, 2007, for point sources of
NOXthat we are proposing become part of the Texas SIP.
Table 3 includes both the sections with substantive changes and the nonsubstantive changes.
Table 3.--Section Numbers and Section Descriptions of 30 TAC, Chapter 117 Affected by the May 30, 2007, Proposed Rule Revision
Section No.
Description
Section 117.10....................... Definitions.
Section 117.100...................... Applicability.
Section 117.103...................... Exemptions.
Section 117.105...................... Emission Specifications for
Reasonably Available Control
Technology (RACT).
Section 117.110...................... Emission Specifications for
Attainment Demonstration.
Section 117.115...................... Alternative Plant-Wide Emission
Specifications.
Section 117.123...................... Source Cap.
Section 117.130...................... Operating Requirements.
Section 117.135...................... Initial Demonstration of
Compliance.
Section 117.140...................... Continuous Demonstration of
Compliance.
Section 117.145...................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.150...................... Initial Control Plan Procedures.
Section 117.152...................... Final Control Plan Procedures for
Reasonably Available Control
Technology.
Section 117.154...................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Section 117.156...................... Revision of Final Control Plan.
Section 117.200...................... Applicability.
Section 117.203...................... Exemptions.
Section 117.205...................... Emission Specifications for
Reasonably Available Control
Technology (RACT).
Page 39904
Section 117.210...................... Emission Specifications for
Attainment Demonstration.
Section 117.215...................... Alternative Plant-Wide Emission
Specifications.
Section 117.223...................... Source Cap.
Section 117.230...................... Operating Requirements.
Section 117.235...................... Initial Demonstration of
Compliance.
Section 117.240...................... Continuous Demonstration of
Compliance.
Section 117.245...................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.252...................... Final Control Plan Procedures for
Reasonably Available Control
Technology.
Section 117.254...................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Section 117.256...................... Revision of Final Control Plan.
Section 117.300...................... Applicability.
Section 117.303...................... Exemptions.
Section 117.305...................... Emission Specifications for
Reasonably Available Control
Technology (RACT).
Section 117.310...................... Emission Specifications for
Attainment Demonstration.
Section 117.315...................... Alternative Plant-Wide Emission
Specifications.
Section 117.320...................... System Cap.
Section 117.323...................... Source Cap.
Section 117.330...................... Operating Requirements.
Section 117.335...................... Initial Demonstration of
Compliance.
Section 117.340...................... Continuous Demonstration of
Compliance.
Section 117.345...................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.350...................... Initial Control Plan Procedures.
Section 117.352...................... Final Control Plan Procedures for
Reasonably Available Control
Technology.
Section 117.354...................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Section 117.356...................... Revision of Final Control Plan.
Section 117.400...................... Applicability.
Section 117.403...................... Exemptions.
Section 117.410...................... Emission Specifications for Eight-
Hour Attainment Demonstration.
Section 117.423...................... Source Cap.
Section 117.430...................... Operating Requirements.
Section 117.435...................... Initial Demonstration of
Compliance.
Section 117.440...................... Continuous Demonstration of
Compliance.
Section 117.445...................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.450...................... Initial Control Plan Procedures.
Section 117.454...................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Section 117.456...................... Revision of Final Control Plan.
Section 117.1000..................... Applicability.
Section 117.1003..................... Exemptions.
Section 117.1005..................... Emission Specifications for
Reasonably Available Control
Technology (RACT).
Section 117.1010..................... Emission Specifications for
Attainment Demonstration.
Section 117.1015..................... Alternative System-Wide Emission
Specifications.
Section 117.1020..................... System Cap.
Section 117.1035..................... Initial Demonstration of
Compliance.
Section 117.1040..................... Continuous Demonstration of
Compliance.
Section 117.1045..................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.1052..................... Final Control Plan Procedures for
Reasonably Available Control
Technology.
Section 117.1054..................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Section 117.1056..................... Revision of Final Control Plan.
Section 117.1100..................... Applicability.
Section 117.1103..................... Exemptions.
Section 117.1105..................... Emission Specifications for
Reasonably Available Control
Technology (RACT).
Section 117.1110..................... Emission Specifications for
Attainment Demonstration.
Section 117.1115..................... Alternative System-Wide Emission
Specifications.
Section 117.1120..................... System Cap.
Section 117.1135..................... Initial Demonstration of
Compliance.
Section 117.1140..................... Continuous Demonstration of
Compliance.
Section 117.1145..................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.1152..................... Final Control Plan Procedures for
Reasonably Available Control
Technology.
Section 117.1154..................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Section 117.1156..................... Revision of Final Control Plan.
Section 117.1200..................... Applicability.
Section 117.1203..................... Exemptions.
Section 117.1205..................... Emission Specifications for
Reasonably Available Control
Technology (RACT).
Section 117.1210..................... Emission Specifications for
Attainment Demonstration.
Section 117.1215..................... Alternative System-Wide Emission
Specifications.
Section 117.1220..................... System Cap.
Section 117.1235..................... Initial Demonstration of
Compliance.
Section 117.1240..................... Continuous Demonstration of
Compliance.
Section 117.1245..................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.1252..................... Final Control Plan Procedures for
Reasonably Available Control
Technology.
Section 117.1254..................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Page 39905
Section 117.1256..................... Revision of Final Control Plan.
Section 117.1300..................... Applicability.
Section 117.1303..................... Exemptions.
Section 117.1310..................... Emission Specifications for Eight-
Hour Attainment Demonstration.
Section 117.1335..................... Initial Demonstration of
Compliance.
Section 117.1340..................... Continuous Demonstration of
Compliance.
Section 117.1345..................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.1350..................... Initial Control Plan Procedures.
Section 117.1354..................... Final Control Plan Procedures for
Attainment Demonstration
Emission Specifications.
Section 117.1356..................... Revision of Final Control Plan.
Section 117.2000..................... Applicability.
Section 117.2003..................... Exemptions.
Section 117.2010..................... Emission Specifications.
Section 117.2030..................... Operating Requirements.
Section 117.2035..................... Monitoring and Testing
Requirements.
Section 117.2045..................... Recordkeeping and Reporting
Requirements.
Section 117.2100..................... Applicability.
Section 117.2103..................... Exemptions.
Section 117.2110..................... Emission Specifications for Eight-
Hour Attainment Demonstration.
Section 117.2130..................... Operating Requirements.
Section 117.2135..................... Monitoring, Notification, and
Testing Requirements.
Section 117.2145..................... Recordkeeping and Reporting
Requirements.
Section 117.3000..................... Applicability.
Section 117.3003..................... Exemptions.
Section 117.3005..................... Gas-Fired Steam Generation.
Section 117.3010..................... Emission Specifications.
Section 117.3020..................... System Cap.
Section 117.3035..................... Initial Demonstration of
Compliance.
Section 117.3040..................... Continuous Demonstration of
Compliance.
Section 117.3045..................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.3054..................... Final Control Plan Procedures.
Section 117.3056..................... Revision of Final Control Plan.
Section 117.3200..................... Applicability.
Section 117.3201..................... Definitions.
Section 117.3203..................... Exemptions.
Section 117.3205..................... Emission Specifications.
Section 117.3210..................... Certification Requirements.
Section 117.3215..................... Notification and Labeling
Requirements.
Section 117.3300..................... Applicability.
Section 117.3303..................... Exemptions.
Section 117.3310..................... Emission Specifications for Eight-
Hour Attainment Demonstration.
Section 117.3330..................... Operating Requirements.
Section 117.3335..................... Monitoring, Notification, and
Testing Requirements.
Section 117.3345..................... Recordkeeping and Reporting
Requirements.
Section 117.4000..................... Applicability.
Section 117.4005..................... Emission Specifications.
Section 117.4025..................... Alternative Case Specific
Specifications.
Section 117.4035..................... Initial Demonstration of
Compliance.
Section 117.4040..................... Continuous Demonstration of
Compliance.
Section 117.4045..................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.4050..................... Control Plan Procedures.
Section 117.4100..................... Applicability.
Section 117.4105..................... Emission Specifications.
Section 117.4125..................... Alternative Case Specific
Specifications.
Section 117.4135..................... Initial Demonstration of
Compliance.
Section 117.4140..................... Continuous Demonstration of
Compliance.
Section 117.4145..................... Notification, Recordkeeping, and
Reporting Requirements.
Section 117.4150..................... Control Plan Procedures.
Section 117.4200..................... Applicability.
Section 117.4205..................... Emission Specifications.
Section 117.4210..................... Applicability of Federal New
Source Performance Standards.
Section 117.8000..................... Stack Testing Requirements.
Section 117.8010..................... Compliance Stack Test Reports.
Section 117.8100..................... Emission Monitoring System
Requirements for Industrial,
Commercial, and Institutional
Sources.
Section 117.8110..................... Emission Monitoring System
Requirements for Utility
Electric Generation Sources.
Section 117.8120..................... Carbon Monoxide (CO) Monitoring.
Section 117.8130..................... Ammonia Monitoring.
Section 117.8140..................... Emission Monitoring for Engines.
Section 117.9000..................... Compliance Schedule for Beaumont-
Port Arthur Ozone Nonattainment
Area Major Sources.
Section 117.9010..................... Compliance Schedule for Dallas-
Fort Worth Ozone Nonattainment
Area Major Sources.
Section 117.9020..................... Compliance Schedule for Houston-
Galveston-Brazoria Ozone
Nonattainment Area Major
Sources.
Page 39906
Section 117.9030..................... Compliance Schedule for Dallas-
Fort Worth Eight-Hour Ozone
Nonattainment Area Major
Sources.
Section 117.9100..................... Compliance Schedule for Beaumont-
Port Arthur Ozone Nonattainment
Area Utility Electric Generation
Sources.
Section 117.9110..................... Compliance Schedule for Dallas-
Fort Worth Ozone Nonattainment
Area Utility Electric Generation
Sources.
Section 117.9120..................... Compliance Schedule for Houston-
Galveston-Brazoria Ozone
Nonattainment Area Utility
Electric Generation Sources.
Section 117.9130..................... Compliance Schedule for Dallas-
Fort Worth Eight-Hour Ozone
Nonattainment Area Utility
Electric Generation Sources.
Section 117.9200..................... Compliance Schedule for Houston-
Galveston-Brazoria Ozone
Nonattainment Area Minor
Sources.
Section 117.9210..................... Compliance Schedule for Dallas-
Fort Worth Eight-Hour Ozone
Nonattainment Area Minor
Sources.
Section 117.9300..................... Compliance Schedule for Utility
Electric Generation in East and
Central Texas.
Section 117.9340..................... Compliance Schedule for East
Texas Combustion.
Section 117.9500..................... Compliance Schedule for Nitric
Acid and Adipic Acid
Manufacturing Sources.
Section 117.9800..................... Use of Emission Credits for
Compliance.
Section 117.9810..................... Use of Emission Reductions
Generated from the Texas
Emissions Reduction Plan (TERP).
You can find the entire TCEQ Chapter 117 rules at: http:// www.tceq.state.tx.us/rules/indxpdf.html#117.
For a detailed discussion of each of the above changes and why EPA believes they should be approved see the Technical Support Document for this action. 4. What sections of the May 30, 2007, SIP revision will not become part of the Texas SIP?
Per TCEQ's request the following sections, listed in Table 4 below, of the May 30, 2007, SIP revision will not become a part of the EPA- approved Texas SIP. These rules mainly pertain to the control of ammonia or carbon monoxide emissions which are not ozone precursors and therefore, these rules are not necessary components of the Texas SIP.
The rules listed in Table 4 are not already in the current Texas SIP and EPA continues to agree with Texas that these rules can remain outside the SIP.
Table 4.--Sections of Chapter 117 Not in EPA-Approved Texas SIP
Section No.
Explanation
117.110(c), 117.125, 117.210(c), 117.225,
Not a part of EPA- 117.310(c), 117.325, 117.410(d), 117.425,
approved Texas SIP and 117.1010(b), 117.1025, 117.1110(b),
TCEQ continues to ask 117.1125, 117.1210(b), 117.1225,
that these rules remain 117.1310(b), 117.1325, 117.2010(i),
outside the SIP. 117.2025, 117.2110(h), 117.2125, 117.3010(e), 117.3025, 117.3123(f), 117.3125, 117.3310(e), and 117.3325.
Although the above sections of 30 TAC Chapter 117 are not to become a part of the Texas SIP they will continue to remain enforceable at the
State level. 5. What sections of the May 30, 2007 SIP revision are we not acting upon in this proposal?
We are not evaluating the cement kiln related sections of the May 30, 2007 SIP revision, in this document. See Table 5 below. We will review and act upon the cement kiln related sections of the May 30, 2007 SIP revision in a separate rulemaking action.
Table 5.--Sections of Chapter 117 Not Being Evaluated in This Rulemaking
Section No.
Explanation
117.3100, 117.3101, 117.3103, 117.3110,
Cement kiln related, not 117.3120, 117.3123, 117.3125, 117.3140,
evaluating in this 117.3142, and 117.3145.
rulemaking action.
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What Counties in the D/FW area will the May 30, 2007 SIP revision affect?
Table 6 below lists the Counties in the D/FW 8-hour ozone nonattainment area that will be affected by the May 30, 2007 SIP revision.
Table 6.--Texas counties in the D/FW 8-Hour Ozone Nonattainment Area
D/FW Counties
Explanation
Collin, Dallas, Denton, Ellis, Johnson,
See section 117.10(2)(C).
Kaufman, Parker, Rockwall, and Tarrant.
Page 39907
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What Counties in East and Central Texas will the May 30, 2007 SIP revision affect?
Table 7 below lists the Counties in the East and Central Texas that will be affected by the May 30, 2007 SIP revision.
Table 7.--Counties Part of the East and Central Texas Provision of
Chapter 117
East and Central Texas counties
Explanation
Anderson, Brazos, Burleson, Camp, Cass,
See section
Cherokee, Franklin, Freestone, Gregg,
117.10(14)(B).
Grimes, Harrison, Henderson, Hill, Hopkins,
Hunt, Lee, Leon, Limestone, Madison, Marion,
Morris, Nacogdoches, Navarro, Panola, Rains,
Robertson, Rusk, Shelby, Smith, Titus,
Upshur, Van Zandt, and Wood.
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What is ozone and why do we regulate it?
Ozone is a gas composed of three oxygen atoms. Ground level ozone is generally not emitted directly from a vehicle's exhaust or an industrial smokestack, but is created by a chemical reaction between
NOXand VOCs in the presence of sunlight and high ambient temperatures. Thus, ozone is known primarily as a summertime air pollutant. NOXand VOCs are precursors of ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors, chemical solvents and natural sources emit NOXand VOCs. Urban areas tend to have high concentrations of ground-level ozone, but areas without significant industrial activity and with relatively low vehicular traffic are also subject to increased ozone levels because wind carries ozone and its precursors hundreds of miles from their sources.
Repeated exposure to ozone pollution may cause lung damage. Even at very low concentrations, ground-level ozone triggers a variety of health problems including aggravated asthma, reduced lung capacity, and increased susceptibility to respiratory illnesses like pneumonia and bronchitis. It can also have detrimental effects on plants and ecosystems. 9. What are NOX?
Nitrogen oxides belong to the group of criteria air pollutants.
NOXare produced from burning fuels, including gasoline and coal. Nitrogen oxides react with volatile organic compounds (VOC) to form ozone or smog, and are also major components of acid rain. Also see http://www.epa.gov/air/urbanair/nox/. 10. What is a SIP?
The SIP is a set of air pollution regulations, control strategies, other means or techniques and technical analyses developed by the state, to ensure that the state meets the NAAQS. The SIP is required by
Section 110 and other provisions of the Act. These SIPs can be extensive, containing state regulations or other enforceable documents and supporting information such as emissions inventories, monitoring networks, and modeling demonstrations. Each state must submit these regulations and control strategies to EPA for approval and incorporation into the Federally-enforceable SIP. Each Federally- approved SIP protects air quality primarily by addressing air pollution at its point of origin. 11. What areas in Texas will today's rulemaking action affect?
The substantive rule revisions we are proposing to approve today mainly affect the D/FW 8-hour ozone nonattainment area. See section 6 of this document. The substantive rule revisions we are proposing to approve today also affect 33 counties in East and Central Texas. See section 7 of this document. If you are in one of these affected areas, you should refer to the Texas NOXrules to determine if and how today's action will affect you.
As stated elsewhere in this document the D/FW 8-hour ozone nonattainment area (Collin, Dallas, Denton, Tarrant, Ellis, Johnson,
Kaufman, Parker, and Rockwall Counties) is designated nonattainment, and classified as a moderate 8-hour non-attainment area for ozone. See 69 FR 23857 published April 30, 2004. 12. What is the section 110(l) ``anti-backsliding'' analysis for the
May 30, 2007 SIP revision?
According to section 110(l) of the Act ``each revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.''
The May 2007 SIP submittal includes documentation that the
State has met and complied with the reasonable notice and public hearing requirements. The State held public hearings after proper notice and according to the 40 CFR 51.102 requirements. Proper notice included prominent advertisement in the areas affected at least 30 days prior to the dates of the hearings. The hearing notices of intended action were circulated to the public, including interested persons, EPA
Region 6, and all applicable local air pollution control agencies.
Public hearings were held in Houston, Dallas, Arlington, Midlothian,
Longview, and Austin, Texas. The May 2007 SIP submittal contains information to the effect that State has met and complied with the reasonable notice and public hearing requirements. For more information see our SIP Completeness Determination document, prepared in accordance with the Appendix V of 40 CFR 51, made part of the EPA-R06-OAR-2007- 0523 docket, and available for public review. Therefore, it is our finding that this revision submitted by Texas under the Act has been adopted by Texas after reasonable notice and public hearing.
The May 2007 SIP submittal requires NOX reductions from sources located outside the D/FW nine-County area. The resulting NOXreductions should assist in bringing the D/FW area into attainment with the 8-hour ozone NAAQS. Sources outside the
D/FW nine county area, now regulated by these rules include, gas-fired stationary reciprocating internal combustion engines operating in East
Texas (see 117.3310(a) and 117.3010(a)). NOXemissions from these units were not regulated before. These units are located in Texas
Counties that are designated as attainment for ozone NAAQS. These Texas
Counties are Anderson, Brazos, Burleson, Camp, Cass, Cherokee,
Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hill, Hopkins,
Page 39908
Hunt, Lee, Leon, Limestone, Madison, Marion, Morris, Nacogdoches,
Navarro, Panola, Rains, Robertson, Rusk, Shelby, Smith, Upshur, Van
Zandt, and Wood. It is estimated that these revisions will result in 22.4 TPD of NOXreductions.
The May 2007 SIP submittal provides for additional
NOXemissions reductions that were not previously a part of the EPA-approved Texas SIP. The May 2007 SIP submittal requires
NOXreductions from major sources or major source categories not previously regulated. An example listing of such sources or categories is as follows: stationary diesel engines in the D/FW nine-
County area (see 117.410(b)(4)), stationary reciprocating internal combustion engines located in the D/FW nine county area (see 117.410(a) and (b)), metallurgical furnaces (see 117.410(b)(8)), container glass furnaces (see 117.410(b)(10)(A)), and fiberglass furnaces (see 117.410(b)(10)(B) through (D)). These new regulations provide an additional 8.88 tons/day of reductions.
The May 2007 SIP submittal provides for additional
NOXemissions reductions that were not previously a part of the EPA-approved Texas SIP. The May 2007 SIP submittal requires
NOXreductions from minor sources within the DFW nine county area not previously regulated. See 117.2110(a)(1), and 117.2010(a)(1) and (2). These rules provide additional NOXemissions reductions that were not previously a part of the EPA-approved Texas
SIP. See section 15 of this document.
The statewide residential water heater rule was revised due to technical infeasibility which means this rule will achieve slightly less reductions than if the approved rule had proved feasible.
We believe this small loss in emission reductions will be offset by other measures. This is further discussed in the Technical Support
Document. We have discussed the potential impact of the revised water heater rule in our separate action on the 1997 8-hour ozone attainment demonstration for the D/FW area. In that action we explain how the revisions do not interfere with attainment or maintenance of the NAAQS.
For the reasons stated above, the provisions of the May 2007 SIP submittal meet the section 110(l) requirements of the Act. 13. What are the NOXemissions requirements for major point sources in the D/FW area that we are proposing to approve?
We approved NOXemissions specifications for stationary sources in 66 FR 15195 published March 16, 2001. In addition to requiring NOXemissions control requirements for those sources, we are proposing to approve the following NOX emissions requirements for the following affected sources with emissions greater than 50 Tons Per Year (TPY) in the D/FW 8-hour ozone nonattainment area. We have included the Chapter 117 citation for each source category in the Table 8 below for reference purposes.
Table 8.--NOX Emissions Specifications for the D/FW 8-Hour Ozone Nonattainment Area
Additional
Source
NOX limit
information
Citation
Reciprocating Internal
2.0 g/hp-hr...... Natural gas, rich 117.410(a)(1)(B)(i).
Combustion Engines.
burn, capacity
>= 300 hp, before January 1, 2000, also a 3.0 g/hp-hr limit of CO.
Reciprocating Internal
0.50 g/hp-hr..... Natural gas, rich 117.410(a)(9)(B)(ii).
Combustion Engines.
burn, capacity
>= 300 hp, on or after January 1, 2000, also a 3.0 g/hp-hr limit of
CO.
Reciprocating Internal
0.60 g/hp-hr..... Gas-fired, rich 117.410(b)(4)(A)(i).
Combustion Engines.
burn, landfill gas.
Reciprocating Internal
0.50 g/hp-hr..... Gas-fired, rich 117.410(b)(4)(A)(ii).
Combustion Engines.
burn, not using landfill gas.
Reciprocating Internal
0.70 g/hp-hr..... Gas-fired, lean 117.410(b)(4)(B)(i).
Combustion Engines.
burn, before
June 1, 2007, not modified afterwards.
Reciprocating Internal
0.60 g/hp-hr..... Gas-fired, lean 117.410(b)(4)(B)(ii)(I).
Combustion Engines.
burn, landfill gas, on or after
June 1, 2007.
Reciprocating Internal
0.50 g/hp-hr..... Dual-fuel........ 117.410(b)(4)(B)(ii)(II).
Combustion Engines.
Duct Burners.................. 0.032 lb/MMBtu... Used in turbine 117.410(b)(6). exhausts, rated
>= 10 MW.
Duct Burners.................. 0.15 lb/MMBtu.... Used in turbine 117.410(b)(6). exhausts, 1.0 ( rated Xcontrol requirements the affected sources are likely to be required to comply with in conjunction with today's rulemaking action. To determine whether or how your facility would be affected by this particular action, you should refer to the actual text of 30 TAC Chapter 117, and the June 8, 2007 issue of the Texas Register (32 TexReg 3206). We are proposing approval of these NOXemissions specifications under Part D of the Act because their resulting emissions reductions will assist Texas in demonstrating attainment of the 8-hour ozone standard in the D/FW 8-hour ozone nonattainment area. Therefore, we are proposing approval of these requirements into the Texas SIP. 14. What are the NOXemission requirements for stationary diesel engines in the D/FW area that we are proposing to approve?
This SIP revision requires reductions of NOXemissions from stationary diesel engines in the D/FW area. The following Table 9 contains a summary of the NOXemission specifications for stationary diesel engines in the D/FW area. We have included the
Chapter 117 citation for each source category in the Table 9 below for convenience purposes.
Table 9.--NOX Emission Requirements Stationary Diesel Engines for the D/FW 8-Hour Ozone Nonattainment Area
NOX Emission
Source
Specification
Citation
Diesel engines in service before March 11.0 gram/hp-hr.......... 117.410(b)(4)(D). 1, 2009: not modified, reconstructed, or relocated on or after March 1, 2009.
Rated less than 50 hp: modified,
5.0 gram/hp-hr........... 117.410(b)(4)(E)(i). installed reconstructed, or relocated on or after March 1, 2009. 50 hp [ rated = 750 hp: installed, modified,
4.5 gram/hp-hr........... 117.310(b)(4)(E)(iv). reconstructed, or relocated on or after
March 1, 2009.
We are proposing to approve the above-listed NOX emission requirements for diesel engines because they are in agreement with those found in 40 CFR section 89.112, and EPA's Document Number 420-R-98-016 dated August 1998, titled ``Final Regulatory Impact
Analysis: Control of Emissions from Nonroad Diesel Engines.'' In addition, the above-listed NOXemission requirements for diesel engines are consistent with those we approved for similar units at Table VI of 66 FR 57230 published on November 14, 2001. We are therefore proposing approval of these NOXemission requirements under Part D of the Act because their resulting emissions reductions will assist Texas in demonstrating attainment of the 8-hour ozone standard within the D/FW 8-hour ozone nonattainment area.
Therefore, we are proposing approval of these requirements into the
Texas SIP. 15. What are the emissions specifications for minor sources of
NOXin D/FW area that we are proposing to approve?
These minor sources include stationary reciprocating internal combustion engines that are not a major source of NOX(emit, when uncontrolled, less than 50 Tons Per Year (TPY) of NOX).
See sections 117.2100 and 117.2103 for more information.
Table 10.--NOX Emissions Requirements for Minor Sources in the D/FW Area
NOX emission
Additional
Source
specification
information
Citation
Reciprocating Internal
0.60 g/hp-hr.......... Stationary, rich- 117.2110(a)(1)(A)(i).
Combustion Engines.
burn, using landfill gas- fired.
Reciprocating Internal
0.50 g/hp-hr.......... Stationary, rich- 117.2110(a)(1)(A)(ii).
Combustion Engines.
burn, not landfill gas- fired.
Reciprocating Internal
0.70 g/hp-hr.......... Stationary, lean- 117.2010(a)(1)(B)(i).
Combustion Engines.
burn, in service before June 1, 2007.
Reciprocating Internal
0.60 g/hp-hr.......... Stationary, lean- 117.2010(a)(1)(B)(i)(I).
Combustion Engines.
burn, in service on or after June 1, 2007, using landfill gas.
Reciprocating Internal
0.50 g/hp-hr.......... Stationary, lean- 117.2010(a)(1)(B)(i)(II).
Combustion Engines.
burn, in service on or after June 1, 2007, not using landfill gas.
Reciprocating Internal
5.83 g/hp-hr.......... Stationary, dual- 117.2010(a)(2).
Combustion Engines.
fuel.
Page 39910
As an alternative, a minor source from the Table 10 above located within the D/FW and having an annual capacity factor of 0.0383 or less may choose emissions specification of 0.060 lb/MMBtu, instead. See 117.2110(a)(4).
The NOXemissions requirements for the above-listed minor sources of NOXand their resulting emissions reductions will assist in demonstrating attainment of the 8-hour ozone
NAAQS within the D/FW 8-hour ozone nonattainment area. Therefore, we are proposing approval of these requirements into the Texas
NOXSIP. 16. What are the NOXemissions requirements for stationary
RICE in East Texas that we are proposing to approve?
The gas-fired stationary reciprocating internal combustion engines located in Anderson, Brazos, Burleson, Camp, Cass, Cherokee, Franklin,
Freestone, Gregg, Grimes, Harrison, Henderson, Hill, Hopkins, Hunt,
Lee, Leon, Limestone, Madison, Marion, Morris, Nacogdoches, Navarro,
Panola, Rains, Robertson, Rusk, Shelby, Smith, Upshur, Van Zandt, or
Wood Texas Counties are subject to these requirements. See section 117.3300 for more information. The following Table 11 contains
NOXemissions requirements and related information for these affected units.
On July 19, 2007 TCEQ announced implementation of Texas Senate Bill 2000, passed in 2007 by the 80th Texas Legislative Session. The Bill directs the TCEQ to develop an incentive grant program for the partial reimbursement of capital costs for installing nonselective catalytic reduction (NSCR) systems to reduce emissions of NOXfrom existing stationary gas-fired rich-burn compressor engines. For more information see http://www.tceq.state.tx.us/implementation/air/rules/ sb2003.html (URL dating July 20, 2007).
Table 11.--NOX emissions Requirements for Stationary Reciprocating Internal Combustion Engines in East Texas
NOX Emission
Additional
Source
specification
information
Citation
Reciprocating Internal
1.00 g/hp-hr.......... Rich burn, gas- 117.3310(a)(1).
Combustion Engines.
fired, capacity
= 500 hp.
Reciprocating Internal
0.50 g/hp-hr.......... Rich burn, not
117.3010(a)(2)(B).
Combustion Engines.
landfill gas- fired, capacity
>= 500 hp.
The NOXemissions requirements for the stationary reciprocating internal combustion engines in East and Central Texas and their resulting emissions reductions will assist in demonstrating attainment of the 8-hour ozone NAAQS within the Houston-Galveston-
Brazoria, D/FW, and Beaumont/Port Arthur areas. Furthermore, these reductions will contribute to the continued maintenance of the standard in the eastern half of the State of Texas, and they enhance the Texas
SIP. Therefore, we are proposing approval of these requirements into the May 30, 2007 Texas SIP under part D, and sections 110 and 116 of the Act, respectively. 17. What are the compliance schedules for NOXemissions sources that we are proposing to approve?
The following Table 12 contains a summary of the NOX- related compliance schedules for major sources, utility generating units, and minor sources affected by the May 30, 2007 SIP revision. See sections 117.9000 through 117.9500 for more information.
Table 12.--NOX Compliance Schedules for Point Sources Under Chapter 117
Additional
Source
Compliance date
information
Citation
Major, D/FW................. Install all NOX abatement
Increment of
117.9030(a)(1). equipment by no later than
Progress (IOP)
May 30, 2007.
requirement.
Major, D/FW................. Submit initial control plan
8-hour
................................. per 117.450 by no later than attainment
June 1, 2008..
demonstration.
Comply with emissions
Requirement.... 117.9030(b). requirements by no later than
March 1, 2009 when source subject to 117.410(b)(1),
(2), (4), (5), (6), (7)(A),
(10), and (14).
Diesel and dual-fuel engines comply with testing and hours of operation for testing and maintenance by no later than
March 1, 2009.
Gas turbines or IC engines claiming run time exemption comply with the run time requirements by no later than
March 1, 2009.
D/FW........................ Submit initial control plan
Utility
117.9130(a)(1) and (2). per 117.1350 by no later than electric
June 1, 2008.
generation sources.
Comply with all other requirements by no later than
March 1, 2009.
Minor, D/FW................. Rich-burn, gas-fired
RICE fired with 117.9210. stationary RICE comply with
different fuel
NOX requirements by no later types. than March 1, 2009.
Lean-burn, gas-fired stationary RICE comply with
NOX requirements by no later than March 1, 2010.
Diesel-fired and dual-fuel stationary RICE comply with
NOX requirements by no later than March 1, 2009.
East and Central Texas...... Updated final control plan per Utility
117.9300(2)(B). 117.3054 be submitted by no
electric later than January 31, 2007. generation sources.
Page 39911
East Texas.................. Stationary RICE comply with
East Texas
117.9340(a).
NOX requirements by no later combustion than March 1, 2010.
sources.
Including these compliance dates, summarized in Table 12 above, in the rule provides for enforceability and practicability of the
NOXrule, and enhances the May 30, 2007 Texas SIP; therefore, we are proposing their approval into the May 30, 2007 Texas
SIP.
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Proposed Actions
Today, we are proposing to approve revisions to the 30 TAC Chapter 117 into the Texas SIP. This rulemaking covers four separate actions.
First, we are proposing to approve the repeal of all non-substantive changes to the SIP's Chapter 117 rules and the reformatting of current
Chapter 117 because the reformatted revision will better accommodate future additions/revisions to the rules. Second, we are proposing to approve substantive revisions to the current NOXSIP's
Chapter 117 rules for D/FW NOXmajor point sources. Third, we are proposing to approve substantive revisions to the current Texas
SIP's Chapter 117 rules for D/FW minor sources of NOX.
Fourth, we are proposing to approve substantive revisions to the current Texas SIP's Chapter 117 rules for combustion sources in East
Texas. These NOXreductions will assist the D/FW area in attaining the 8-hour ozone NAAQS.
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Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen oxide, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 1, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
FR Doc. E8-15814 Filed 7-10-08; 8:45 am
BILLING CODE 6560-50-P
