National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas
Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
Federal Register Volume 83, Number 9 (Friday, January 12, 2018)
Rules and Regulations
Pages 1559-1565
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-00447
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
EPA-R06-OAR-2017-0061; FRL-9972-28-Region 6
National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
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SUMMARY: The Texas Commission on Environmental Quality (TCEQ) has submitted updated regulations for receiving delegation of the EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by the EPA, as amended between April 24, 2013 and August 3, 2016. The delegation of authority under this action does not apply to sources located in Indian Country. The EPA is taking direct final action to approve the delegation of certain NESHAPs to TCEQ.
DATES: This rule is effective on March 13, 2018 without further notice, unless the EPA receives relevant adverse comment by February 12, 2018. If the EPA receives such comment, the 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-2017-0061, at http://www.regulations.gov or via email to email protected. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please
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contact Rick Barrett, 214-665-7227, email protected. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: email protected. To inspect the hard copy materials, please schedule an appointment with Mr. Rick Barrett or Mr. Bill Deese at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
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What does this action do?
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What is the authority for delegation?
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What criteria must Texas' program meet to be approved?
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How did TCEQ meet the approval criteria?
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What is being delegated?
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What is not being delegated?
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How will applicability determinations under section 112 be made?
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What authority does the EPA have?
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What information must TCEQ provide to the EPA?
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What is the EPA's oversight role?
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Should sources submit notices to the EPA or TCEQ?
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How will unchanged authorities be delegated to TCEQ in the future?
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Final action
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Statutory and Executive Order Reviews
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What does this action do?
The EPA is taking direct final action to approve the delegation of certain NESHAPs to TCEQ. With this delegation, TCEQ has the primary responsibility to implement and enforce the delegated standards. See sections V and VI, below, for a discussion of which standards are being delegated and which are not being delegated.
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What is the authority for delegation?
Section 112(l) of the CAA, and 40 CFR part 63, subpart E, authorizes the EPA to delegate authority to any State or local agency which submits adequate regulatory procedures for implementation and enforcement of emission standards for hazardous air pollutants. The hazardous air pollutant standards are codified at 40 CFR part 63.
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What criteria must Texas' program meet to be approved?
Section 112(l)(5) of the CAA enables the EPA to approve State air toxics programs or rules to operate in place of the Federal air toxics program or rules. 40 CFR part 63, subpart E (subpart E) governs the EPA's approval of State rules or programs under section 112(l).
The EPA will approve an air toxics program if we find that:
(1) The State program is ``no less stringent'' than the corresponding Federal program or rule;
(2) The State has adequate authority and resources to implement the program;
(3) The schedule for implementation and compliance is sufficiently expeditious; and
(4) The program otherwise complies with Federal guidance.
In order to obtain approval of its program to implement and enforce Federal section 112 rules as promulgated without changes (straight delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR 63.91(d)(3) provides that interim or final Title V program approval will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources (sources required to obtain operating permits pursuant to Title V of the Clean Air Act). The NESHAPs delegation was most recently approved on November 25, 2014 (79 FR 70102).
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How did TCEQ meet the subpart E approval criteria?
As part of its Title V submission, TCEQ stated that it intended to use the mechanism of incorporation by reference to adopt unchanged Federal section 112 standards into its regulations. This commitment applied to both existing and future standards as they applied to part 70 sources ((60 FR 30444 (June 7, 1995) and 61 FR 32699 (June 25, 1996)). On December 6, 2001, the EPA promulgated final full approval of the State's operating permits program effective November 30, 2001 (66 FR 63318). TCEQ was originally delegated the authority to implement certain NESHAPs effective May 17, 2005 (70 FR 13108). Under 40 CFR 63.91(d)(2), once a State has satisfied up-front approval criteria, it needs only to reference the previous demonstration and reaffirm that it still meets the criteria for any subsequent submittals. TCEQ has affirmed that it still meets the up-front approval criteria.
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What is being delegated?
By letter dated January 12, 2017, TCEQ requested the EPA to update its existing NESHAP delegation. With certain exceptions noted in section VI below, TCEQ requests delegation of certain Part 63 NESHAPs for all sources (both part 70 and non-part 70 sources). TCEQ's request included newly incorporated NESHAPs promulgated by the EPA and amendments to existing standards currently delegated, as amended between April 24, 2013 and August 3, 2016. These NESHAP were adopted by TCEQ on December 7, 2016.
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What is not being delegated?
The EPA cannot delegate to a State any of the Category II Subpart A authorities set forth in 40 CFR 63.91(g)(2). These include the following provisions: Sec. 63.6(g), Approval of Alternative Non-
Opacity Standards; Sec. 63.6(h)(9), Approval of Alternative Opacity Standards; Sec. 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring; and Sec. 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, some Part 63 standards have certain provisions that cannot be delegated to the States. Therefore, any Part 63 standard that the EPA is delegating to TCEQ that provides that certain authorities cannot be delegated are retained by the EPA and not delegated. Furthermore, no authorities are delegated that require rulemaking in the Federal Register to implement, or where Federal overview is the only way to ensure national consistency in the application of the standards or requirements of CAA section 112. Finally, section 112(r), the accidental release program authority, is not being delegated by this approval.
All of the inquiries and requests concerning implementation and enforcement of the excluded standards in the State of Texas should be directed to the EPA Region 6 Office.
In addition, this delegation to TCEQ to implement and enforce certain NESHAPs does not extend to sources or activities located in Indian country, as defined in 18 U.S.C. 1151. Under this definition, the EPA treats as reservations, trust lands validly set aside for the use of a Tribe even if the trust lands have not been formally designated as a reservation. Consistent with previous federal program approvals or delegations, the EPA will continue to implement the NESHAPs in Indian country because TCEQ has not submitted information to demonstrate authority over sources and activities
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located within the exterior boundaries of Indian reservations and other areas in Indian country.
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How will applicability determinations under section 112 be made?
In approving this delegation, TCEQ will seek concurrence from the EPA on any matter involving the interpretation of section 112 of the CAA or 40 CFR part 63 to the extent that application, implementation, administration, or enforcement of these sections have not been covered by the EPA determinations or guidance.
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What authority does the EPA have?
We retain the right, as provided by CAA section 112(l)(7), to enforce any applicable emission standard or requirement under section 112. The EPA also has the authority to make certain decisions under the General Provisions (subpart A) of part 63. We are granting TCEQ some of these authorities, and retaining others, as explained in sections V and VI above. In addition, the EPA may review and disapprove of State determinations and subsequently require corrections. (See 40 CFR 63.91(g) and 65 FR 55810, 55823, September 14, 2000, as amended at 70 FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.)
Furthermore, we retain any authority in an individual emission standard that may not be delegated according to provisions of the standard. Also, listed in the footnotes of the part 63 delegation table at the end of this rule are the authorities that cannot be delegated to any State or local agency which we therefore retain.
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What information must TCEQ provide to the EPA?
TCEQ must provide any additional compliance related information to the EPA, Region 6, Office of Enforcement and Compliance Assurance within 45 days of a request under 40 CFR 63.96(a). In receiving delegation for specific General Provisions authorities, TCEQ must submit to the EPA Region 6 on a semi-annual basis, copies of determinations issued under these authorities. For part 63 standards, these determinations include: Section 63.1, Applicability Determinations; Section 63.6(e), Operation and Maintenance Requirements--Responsibility for Determining Compliance; Section 63.6(f), Compliance with Non-Opacity Standards--Responsibility for Determining Compliance; Section 63.6(h), Compliance with Opacity and Visible Emissions Standards--Responsibility for Determining Compliance; Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans; Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods; Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-
Specific Performance Evaluation (Monitoring) Test Plans; Section 63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f), Approval of Intermediate Alternatives to Monitoring; Section 63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports; Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and Reporting; Section 63.7(a)(4), Extension of Performance Test Deadline.
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What is the EPA's oversight role?
The EPA must oversee TCEQ's decisions to ensure the delegated authorities are being adequately implemented and enforced. We will integrate oversight of the delegated authorities into the existing mechanisms and resources for oversight currently in place. If, during oversight, we determine that TCEQ made decisions that decreased the stringency of the delegated standards, then TCEQ shall be required to take corrective actions and the source(s) affected by the decisions will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will initiate withdrawal of the program or rule if the corrective actions taken are insufficient.
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Should sources submit notices to the EPA or TCEQ?
For the NESHAPs being delegated and included in the table below, all of the information required pursuant to the general provisions and the relevant subpart of the Federal NESHAP (40 CFR part 63) should be submitted by sources located outside of Indian country, directly to TCEQ at the following address: Texas Commission on Environmental Quality, Office of Permitting, Remediation and Registration, Air Permits Division (MC 163), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ is the primary point of contact with respect to delegated NESHAPs. Sources do not need to send a copy to the EPA. The EPA Region 6 waives the requirement that notifications and reports for delegated standards be submitted to the EPA in addition to TCEQ in accordance with 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii).\1\ For those standards that are not delegated, sources must continue to submit all appropriate information to the EPA.
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\1\ This waiver only extends to the submission of copies of notifications and reports; EPA does not waive the requirements in delegated standards that require notifications and reports be submitted to an electronic database (e.g., 40 CFR part 63, subpart HHHHHHH).
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How will unchanged authorities be delegated to TCEQ in the future?
In the future, TCEQ will only need to send a letter of request to the EPA, Region 6, for NESHAP regulations that TCEQ has adopted by reference. The letter must reference the previous up-front approval demonstration and reaffirm that it still meets the up-front approval criteria. We will respond in writing to the request stating that the request for delegation is either granted or denied. A Federal Register action will be published to inform the public and affected sources of the delegation, indicate where source notifications and reports should be sent, and to amend the relevant portions of the Code of Federal Regulations showing which NESHAP standards have been delegated to TCEQ.
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Final Action
The public was provided the opportunity to comment on the proposed approval of the program and mechanism for delegation of section 112 standards, as they apply to part 70 sources, on June 7, 1995, for the proposed interim approval of TCEQ's Title V operating permits program; and on October 11, 2001, for the proposed final approval of TCEQ's Title V operating permits program. In the EPA's final full approval of Texas' Operating Permits Program on December 6, 2001 (66 FR 63318), the EPA discussed the public comments on the proposed final delegation of the Title V operating permits program. In today's action, the public is given the opportunity to comment on the approval of TCEQ's request for delegation of authority to implement and enforce certain section 112 standards for all sources (both part 70 and non-part 70 sources) which have been adopted by reference into Texas' state regulations. However, the Agency views the approval of these requests as a noncontroversial action and anticipates no adverse comments. Therefore, the EPA is publishing this rule without prior proposal. However, in the ``Proposed Rules'' section of this issue of the Federal Register, the EPA is publishing a separate document that will serve as the proposal to approve the
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program and delegation of authority described in this action if relevant adverse comments are received. This action will be effective March 13, 2018 without further notice unless the Agency receives relevant adverse comments by February 12, 2018.
If the EPA receives relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if we receive relevant adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of a relevant adverse comment.
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Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
The delegation is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.
This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state request to receive delegation of certain Federal standards, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing delegation submissions, the EPA's role is to approve submissions, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), the EPA has no authority to disapprove a delegation submission for failure to use VCS. It would thus be inconsistent with applicable law for the EPA to use VCS in place of a delegation submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 13, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 4, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.
40 CFR part 63 is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES
0
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The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Approval of State Programs and Delegation of Federal Authorities
0
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Section 63.99 is amended by revising paragraph (a)(44)(i) to read as follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(44) * * *
(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Texas Commission on Environmental Quality for all sources. The ``X'' symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law and regulations. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to
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these rules after August 3, 2016 are not delegated.
Delegation Status for Part 63 Standards--State of Texas \1\
Excluding Indian Country
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Subpart Source category TCEQ \2\
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A.............................. General Provisions.... X
F.............................. Hazardous Organic X
NESHAP (HON)--
Synthetic Organic
Chemical
Manufacturing
Industry (SOCMI).
G.............................. HON--SOCMI Process X
Vents, Storage
Vessels, Transfer
Operations and
Wastewater.
H.............................. HON--Equipment Leaks.. X
I.............................. HON--Certain Processes X
Negotiated Equipment
Leak Regulation.
J.............................. Polyvinyl Chloride and (\3\)
Copolymers Production.
K.............................. (Reserved)............ ...............
L.............................. Coke Oven Batteries... X
M.............................. Perchloroethylene Dry X
Cleaning.
N.............................. Chromium X
Electroplating and
Chromium Anodizing
Tanks.
O.............................. Ethylene Oxide X
Sterilizers.
P.............................. (Reserved)............ ...............
Q.............................. Industrial Process X
Cooling Towers.
R.............................. Gasoline Distribution. X
S.............................. Pulp and Paper X
Industry.
T.............................. Halogenated Solvent X
Cleaning.
U.............................. Group I Polymers and X
Resins.
V.............................. (Reserved)............ ...............
W.............................. Epoxy Resins X
Production and Non-
Nylon Polyamides
Production.
X.............................. Secondary Lead X
Smelting.
Y.............................. Marine Tank Vessel X
Loading.
Z.............................. (Reserved)............ ...............
AA............................. Phosphoric Acid X
Manufacturing Plants.
BB............................. Phosphate Fertilizers X
Production Plants.
CC............................. Petroleum Refineries.. X
DD............................. Off-Site Waste and X
Recovery Operations.
EE............................. Magnetic Tape X
Manufacturing.
FF............................. (Reserved)............ ...............
GG............................. Aerospace X
Manufacturing and
Rework Facilities.
HH............................. Oil and Natural Gas X
Production Facilities.
II............................. Shipbuilding and Ship X
Repair Facilities.
JJ............................. Wood Furniture X
Manufacturing
Operations.
KK............................. Printing and X
Publishing Industry.
LL............................. Primary Aluminum X
Reduction Plants.
MM............................. Chemical Recovery X
Combustion Sources at
Kraft, Soda, Sulfide,
and Stand-Alone
Semichemical Pulp
Mills.
NN............................. Wool Fiberglass X
Manufacturing Area
Sources.
OO............................. Tanks-Level 1......... X
PP............................. Containers............ X
QQ............................. Surface Impoundments.. X
RR............................. Individual Drain X
Systems.
SS............................. Closed Vent Systems, ...............
Control Devices,
Recovery Devices and
Routing to a Fuel Gas
System or a Process.
TT............................. Equipment Leaks-- X
Control Level 1.
UU............................. Equipment Leaks-- X
Control Level 2
Standards.
VV............................. Oil--Water Separators X
and Organic--Water
Separators.
WW............................. Storage Vessels X
(Tanks)--Control
Level 2.
XX............................. Ethylene Manufacturing X
Process Units Heat
Exchange Systems and
Waste Operations.
YY............................. Generic Maximum X
Achievable Control
Technology Standards.
ZZ-BBB......................... (Reserved)............ ...............
CCC............................ Steel Pickling--HCI X
Process Facilities
and Hydrochloric Acid
Regeneration.
DDD............................ Mineral Wool X
Production.
EEE............................ Hazardous Waste X
Combustors.
FFF............................ (Reserved)............ ...............
GGG............................ Pharmaceuticals X
Production.
HHH............................ Natural Gas X
Transmission and
Storage Facilities.
III............................ Flexible Polyurethane X
Foam Production.
JJJ............................ Group IV Polymers and X
Resins.
KKK............................ (Reserved)............ ...............
LLL............................ Portland Cement X
Manufacturing.
MMM............................ Pesticide Active X
Ingredient Production.
NNN............................ Wool Fiberglass X
Manufacturing.
OOO............................ Amino/Phenolic Resins. X
PPP............................ Polyether Polyols X
Production.
QQQ............................ Primary Copper X
Smelting.
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RRR............................ Secondary Aluminum X
Production.
SSS............................ (Reserved)............ ...............
TTT............................ Primary Lead Smelting. X
UUU............................ Petroleum Refineries-- X
Catalytic Cracking
Units, Catalytic
Reforming Units and
Sulfur Recovery
Plants.
VVV............................ Publicly Owned X
Treatment Works
(POTW).
WWW............................ (Reserved)............ ...............
XXX............................ Ferroalloys X
Production:
Ferromanganese and
Silicomanganese.
AAAA........................... Municipal Solid Waste X
Landfills.
CCCC........................... Nutritional Yeast X
Manufacturing.
DDDD........................... Plywood and Composite X \4\
Wood Products.
EEEE........................... Organic Liquids X
Distribution.
FFFF........................... Misc. Organic Chemical X
Production and
Processes (MON).
GGGG........................... Solvent Extraction for X
Vegetable Oil
Production.
HHHH........................... Wet Formed Fiberglass X
Mat Production.
IIII........................... Auto & Light Duty X
Truck (Surface
Coating).
JJJJ........................... Paper and other Web X
(Surface Coating).
KKKK........................... Metal Can (Surface X
Coating).
MMMM........................... Misc. Metal Parts and X
Products (Surface
Coating).
NNNN........................... Surface Coating of X
Large Appliances.
OOOO........................... Fabric Printing X
Coating and Dyeing.
PPPP........................... Plastic Parts (Surface X
Coating).
QQQQ........................... Surface Coating of X
Wood Building
Products.
RRRR........................... Surface Coating of X
Metal Furniture.
SSSS........................... Surface Coating for X
Metal Coil.
TTTT........................... Leather Finishing X
Operations.
UUUU........................... Cellulose Production X
Manufacture.
VVVV........................... Boat Manufacturing.... X
WWWW........................... Reinforced Plastic X
Composites Production.
XXXX........................... Rubber Tire X
Manufacturing.
YYYY........................... Combustion Turbines... X
ZZZZ........................... Reciprocating Internal X
Combustion Engines
(RICE).
AAAAA.......................... Lime Manufacturing X
Plants.
BBBBB.......................... Semiconductor X
Manufacturing.
CCCCC.......................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD.......................... Industrial/Commercial/ X \5\
Institutional Boilers
and Process Heaters
Major Sources.
EEEEE.......................... Iron Foundries........ X
FFFFF.......................... Integrated Iron and X
Steel.
GGGGG.......................... Site Remediation...... X
HHHHH.......................... Miscellaneous Coating X
Manufacturing.
IIIII.......................... Mercury Cell Chlor- X
Alkali Plants.
JJJJJ.......................... Brick and Structural X \6\
Clay Products
Manufacturing.
KKKKK.......................... Clay Ceramics X \6\
Manufacturing.
LLLLL.......................... Asphalt Roofing and X
Processing.
MMMMM.......................... Flexible Polyurethane X
Foam Fabrication
Operation.
NNNNN.......................... Hydrochloric Acid X
Production, Fumed
Silica Production.
OOOOO.......................... (Reserved)............ ...............
PPPPP.......................... Engine Test Facilities X
QQQQQ.......................... Friction Products X
Manufacturing.
RRRRR.......................... Taconite Iron Ore X
Processing.
SSSSS.......................... Refractory Products X
Manufacture.
TTTTT.......................... Primary Magnesium X
Refining.
UUUUU.......................... Coal and Oil-Fired X \7\
Electric Utility
Steam Generating
Units.
VVVVV.......................... (Reserved)............ ...............
WWWWW.......................... Hospital Ethylene X
Oxide Sterilizers
Area Sources.
XXXXX.......................... (Reserved)............ ...............
YYYYY.......................... Electric Arc Furnace X
Steelmaking
Facilities Area
Sources.
ZZZZZ.......................... Iron and Steel X
Foundries Area
Sources.
AAAAAA......................... (Reserved)............ ...............
BBBBBB......................... Gasoline Distribution X
Bulk Terminals, Bulk
Plants, and Pipeline
Facilities.
Area Sources..........
CCCCCC......................... Gasoline Dispensing X
Facilities Area
Sources.
DDDDDD......................... Polyvinyl Chloride and X
Copolymers Production
Area Sources.
EEEEEE......................... Primary Copper X
Smelting Area Sources.
FFFFFF......................... Secondary Copper X
Smelting Area Sources.
GGGGGG......................... Primary Nonferrous X
Metals Area Sources:
Zinc, Cadmium, and
Beryllium.
HHHHHH......................... Paint Stripping and X
Miscellaneous Surface
Coating Operations at
Area Sources.
IIIIII......................... (Reserved)............ ...............
JJJJJJ......................... Industrial, X
Commercial, and
Institutional Boilers
Area Sources.
KKKKKK......................... (Reserved)............ ...............
LLLLLL......................... Acrylic and Modacrylic X
Fibers Production
Area Sources.
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MMMMMM......................... Carbon Black X
Production Area
Sources.
NNNNNN......................... Chemical Manufacturing X
Area Sources:
Chromium Compounds.
OOOOOO......................... Flexible Polyurethane X
Foam Production and
Fabrication Area
Sources.
PPPPPP......................... Lead Acid Battery X
Manufacturing Area
Sources.
QQQQQQ......................... Wood Preserving Area X
Sources.
RRRRRR......................... Clay Ceramics X
Manufacturing Area
Sources.
SSSSSS......................... Glass Manufacturing X
Area Sources.
TTTTTT......................... Secondary Nonferrous X
Metals Processing
Area Sources.
UUUUUU......................... (Reserved)............ ...............
VVVVVV......................... Chemical Manufacturing X
Area Sources.
WWWWWW......................... Plating and Polishing X
Operations Area
Sources.
XXXXXX......................... Metal Fabrication and X
Finishing Area
Sources.
YYYYYY......................... Ferroalloys Production X
Facilities Area
Sources.
ZZZZZZ......................... Aluminum, Copper, and X
Other Nonferrous
Foundries Area
Sources.
AAAAAAA........................ Asphalt Processing and X
Asphalt Roofing
Manufacturing Area
Sources.
BBBBBBB........................ Chemical Preparations X
Industry Area Sources.
CCCCCCC........................ Paints and Allied X
Products
Manufacturing Area
Sources.
DDDDDDD........................ Prepared Feeds X
Manufacturing Area
Sources.
EEEEEEE........................ Gold Mine Ore ...............
Processing and
Production Area
Sources.
FFFFFFF--GGGGGGG............... (Reserved)............ ...............
HHHHHHH........................ Polyvinyl Chloride and X
Copolymers Production
Major Sources.
------------------------------------------------------------------------
\1\ Program delegated to the Texas Commission on Environmental Quality
(TCEQ).
\2\ Authorities which may not be delegated include: Sec. 63.6(g),
Approval of Alternative Non-Opacity Emission Standards; Sec.
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring;
Sec. 63.10(f), Approval of Major Alternatives to Recordkeeping and
Reporting; and all authorities identified in the subparts (e.g., under
``Delegation of Authority'') that cannot be delegated.
\3\ TCEQ was previously delegated this subpart on May 17, 2005 (70 FR
13018). The subpart was vacated and remanded to the EPA by the United
States Court of Appeals for the District of Columbia Circuit. See,
Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (DC Cir.
2004). Because of the DC Court's holding, this subpart is not
delegated to TCEQ at this time.
\4\ This subpart was issued a partial vacatur by the United States Court
of Appeals for the District of Columbia Circuit. See 72 FR 61060
(October 29, 2007).
\5\ Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR
7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).
\6\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October
26, 2015). Note that Part 63 Subpart KKKKK was amended to correct
minor typographical errors. See 80 FR 75817 (December 4, 2015).
\7\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR
20172 (April 6, 2016). Final Supplemental Finding that it is
appropriate and necessary to regulate HAP emissions from Coal- and Oil-
fired EUSGU Units. See 81 FR 24420 (April 25, 2016).
* * * * *
FR Doc. 2018-00447 Filed 1-11-18; 8:45 am
BILLING CODE 6560-50-P
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