Buddy Garcia, Chainnan
Larry 

### R. Soward, Commissioner
Bryan W. Shaw. Ph.D., Commissioner

Glenn Shankle, Executive Director



# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Protecting Texas 

### by Reducing and Preventing Pollution



## The Honorable Richard E. Greene Regional Administrator January 16, 200'1t.

U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 

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Re: Request for Formal Delegation of Maximum Achievable Control Technology Standards under Title 40 Code of Federal Regulations Part 63, Subpart E

Dear Mayor Greene:**~::>J** 

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## The purpose of this letter is to request formal delegation for certain maximum achievable control technology (MACT) standards under Title 40 Code of Federal Regulations (40 CFR)
Part 63, Subpart E. The Texas Commission on Environmental Quality (TCEQ or commission) incorporates MACT standards by reference under Title 30 Texas Administrative Code (30 TAC) Chapter 113, Subchapter C. 

## The commission adopted new and amended Subchapter C rules

on December 5, 2007. The new and amended MACT standards adopted by the commission

on December 5, 2007, are shown in the enclosed tables titled "Table I: Newly Incorporated MACT Standards" and "Table 2: Amended MACT Standards," respectively. The amended Subchapter C rules are also available online at the following address:

http://www .sos.state.tx. us/texreg/pdf/backview/1221 /1221 adop. pdf

The last U.S. Environmental Protection Agency (EPA) approval for delegation of certain MACT standards to the TCEQ became effective July 3, 2006. Notice of this delegation was published in the Federal Register 

## on May 2, 2006, (71 FR 25753). The TCEQ affirms that the approval criteria discussed in Sections IV and V of the notice of delegation are still satisfied. The commission requests that the EPA update the TCEQ's MACT delegation to include the new and amended MACT standards specified in the enclosed tables.

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us

## The Honorable Richard E. Greene Page 2 

# r. January 16, 200'Y.

Re: Request for Formal Delegation of Maximum Achievable Control Technology Standards under Title 40 Code of Federal Regulations Part 63, Subpart E

The TCEQ looks fmward to receiving delegation of these MACT standards from the EPA and will provide any assistance necessary to facilitate delegation. Please contact me at (512) 239-3900 or Mr. Richard 

## A. Hyde, P.E., Director of the Air Permits Division, at (512) 239-1308 should you have any further questions regarding this request for delegation ofthe MACT program.

Sincerely,

# ~ Glenn Shankle, Executive Director
Texas Commission on Environmental Quality

Enclosures

cc: Mr. Jeffrey Robinson, Region 6, U.S. Environmental Protection Agency 

## ·Mr•**'fomPi31S>.R~~l'U.S.** 

## Environmental Protection Agency

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## Table 1: Newly Incorporated MACT Standards

40 CFR Part 63 Subpart Section Title

(Chapter 113 Section)

DDDD (§ 113.870) Plywood and Composite Wood Prnducts

DDDDDD (§ 113.1390) Polyvinyl Chloride and Copolymers Produetion Area Sources

EEEEEE (§I 13.1400) Primary Copper Smelting Area Sources

FFFFFF (§I 13.1410) Secondary Copper Smelting Area Sources

GGGGGG (§113.1420) Primary Nonferrous Metals Area Sources· Zinc, Cadmium, and Beryllium

## Table 2: Amended MACT Standards



# I 40 CFR Part 63 Subpart I 

### Section Title Original Incorporation 

# I
(Chapter 113 Section) 

# I (Commission Adoption) 1



### A (§113.100) 

### General Provisions June 15, 2004
B(§113.!05) Requirements for Control Teclmology Determinations for May 30,2003 Major Sources in Accordance with Clean Air Act Section 

### ll2(i) ! 

# c (§113.106) List of Hazardous Air Pollutants, Petitions Process, November 29, 2004 

### l



# . Lesser Quantity Designations, Source Category List
F (§113.110) I 

### Synthetic Organic Chemical Manutllcturing Industry June 23, 2003 I 

### G (§113.120) 

# I Synthetic Organic Chemical Manufacturing Industry for June 23, 2003
Process Vents, Storage Vessels, Transfer Operations, and I Wastewater 

### L(§ll3.170) Coke Oven Batteries June 23, 2003

M (§113.180) Perchloroethylene Dry Cleaning Facilities June 23, 2003

N (§113.190) Chromium Emissions from Hard and Decorative July 19, 2004 Chromium Electroplating and Chromium Anodizing Tanks 

### 0 (§ 113.200) Ethylene Oxide Emissions Standards for Sterilizaticm June 23, 2003 Facilities 

### Q (§113.220) Industrial Process Cooling Towers June 23, 2003

R (§ll3.230) Gasoline Disttibution Facilities December 19, 2003


# s (§ 113.240) Pulp and Paper Industry June 23, 2003

T (§ 113.250) Halogenated Solvent Cleaning June 23, 2003



## u (§ 113.260) Group I Polymers and Resins June 23, 2003



# w (§113.280) Epoxy Resins Production and Non-Nylon Polyamides June 23, 2003
Production


### y (§ 113.300) Marine V esse! Loading June 23, 2003

AA (§I 13.320) Phosphoric Acid Manufacturing Plants June 23, 2003

BB (§ 113.330) Phosphate Fertilizers Production Plants June 23, 2003

DD (§113.350) Off-Site Waste and Recovery Operations June 23, 2003 

# f---6a (§ 113.380) Aerospace Manufacturing and Rework Facilities June 23, 2003

HH (§ 113.390) Oil and Natural Gas Production Facilities June 23, 2003

II (§113.400) Shipbuilding and Ship Repair (Surface Coating) June 23, 2003

KK (§113.420) Printing and Publishing June 23, 2003

LL 

### (§ 113.430) Primary Aluminum Reduction Plants June 23, 2003

MM (§113.440) 

# I Chemical Recovery Combustion Sources at Kraft, Soda, May 6, 2004 

# i Sulfite, and Stand-Alone Semichemical Pulp Mills 

# ss (§ 113.500) 

# ! Closed Vent Systems, Control Devices, Recovery 

# ! Devices, and Routing to a Fuel Gas System or a Process July 12, 2002

XX(§ 113.550) 

## , Ethylene Manufacturing Process Units: Heat Exchange July 

### J2, 2002 

# I Systems and Waste Operations


### yy (§ 113.560) Generic Maximum Achievable Control Teclmology February 10, 2003
Standards

### 40 CFR Part 63 Subpart 

# i Section Title Original Incorporation (Chapter 113 Section) 

### : (Connnission Adoption) CCC(§ I 13.600) Steel Pickling- HCI Process Facilities and Hydrochloric June 23, 2003 Acid Regeneration Plants
EEE (§113.620) Hazardous Waste Combustors June 23, 2003 

## I

GGG (§113.640) 

# I Pharmaceuticals Production



# . June 23, 2003

HHH (§I 13.650) Natural Gas Transmission and Storage Facilities June 23, 2003

JJJ (§ 113.670) Group IV Polymers and Resins 

## i June 2, 2004

LLL (§I I H90) Portland Cement Manufacturing Industry 

## : June 23. 2003 ' 

### MMM (§113.700) 

## ' Pesticide Active Ingredient Production June 23, 2003

NNN (§1 13.710) f 

### Wool Fiberglass Manufacturing June 23, 2003


### 000 (§113.720) Manufacture of Amino/Phenolic Resins June 23, 2003

ppp (§113.730) Polyether Polyols Production June 23, 2003 & 

### July I, 2004 

### QQQ (§ll3.740) 

# I Primary Copper Smelting June 12, 2002

RRR (§113.750) ! 

### Secondary Aluminum Production June 23, 2003

TIT (§113. 770) I 

### Primary Lead Smelting June 23, 2003 

## l I 

# uuu (§ll3.780) Petroleum Refmeries: Catalytic Cracking Units, Catalytic 

## I April II, 2002 Reforming Units, and Sulfur Recovery Units
XXX (§!13.810) Ferroalloys Production: Ferromanganese and June 23, 2003 Silicomanganese
AAAA (§I 13.840) Municipal Solid Waste Landfills January I 6, 2003 '



### : 

# ecce (§I !3.860) Manufacturing of Nutritional Yeast May 21,2001

EEEE (§113.880) Organic Liquids Distribution (Non-Gasoline) ' 

### February 3, 2004

FFFF (§113.890) Miscellaneous Organic Chemical Manufacturing 

### I November 10, 2003

GGGG (§I 13.900) Solvent Extraction for Vegetable Oil Production ' 

### April 5, 2002
HHHH(§JJ3.910) Wet-Formed Fiberglass Mat Production April I I, 2002

!Ill (§113,920) Surface Coating ofAutomobiles and Light-Duty Trucks April 26, 2004

JJJJ 

### (§I 13.930) Paper and Other Web Coating December 4, 2002


### K.KKK (§I 13.940) Surface Coating ofMetal Cans November 13, 2003

MMMM (§I 13.960) Surface Coating ofMiscellaneous Metal Parts and April 26, 2004
Products 

## --J\.'NNN (§113.970) Surface Coating of Large Appliances luiy 23, 2002



### 0000 (§I 13.980) t 

### Printing, Coating, and Dyeing of Fabrics and Other May 29,2003 

### I 

# ' Textiles
pppp (§113.990) Surface Coating of Plastic Parts and Products April 26, 2004 

### QQQQ (§ll3.1000) Surface Coating ofWood Building Products May 28,2003
RRRR(§l13.1010) Surface Coating ofMetal Furniture May 23,2003

-·TTIT (§113.1030) Leather Finishing Operations February 27, 2002



# ·- uuuu (§113.1040) Cellulose Products Manufacturing 

## i June ll, 2002



# wwww (§113.1060) Reinforced Plastic Composites Production April 21, 2003

XXXX(§113.1070) Rubber Tire Manufacturing March 12, 2003



### yyyy (§ 113.1080) Stationary Combustion Turbines August 18, 2004
ZZZZ(§ll3.1090) Stationary Reciprocating Internal Combustion Engines June 15,2004

### 40 CFR Part 63 Subpart Section Title Original Incorporation (Chapter 113 Section) (Commission Adoption) AAAAA (§113.1100) Lime Manufacturing Plants January 5, 2004

BBBBB (§ 113.1110) Semiconductor Manufacturing May22,2003



# ccccc (§ 113.1120) Coke Ovens: Pushing, Quenching, and Battery Stacks April 22, 2003

EEEEE (§113.1140) Iron and Steel Foundries April 22, 2004

FFFFF (§113.1150) Integrated Iron and Steel Manufacturing Facilities May 20,2003 i 

### GGGGG (§113.1160) Site Remediation October 8, 2003

HHHHH (§113.1170) Miscellaneous Coating Manufacturing December 11, 2003 & 

### December 29, 2003
IIIII (§ 113.1180) Mercury Emissions from Mercury Cell Chlor-Aikali December 19, 2003 Plants
JJJJJ (§113.1190) Brick and Structural Clay Products Manufacturing May 16, 2003 & 

### May 28,2003 K.KKKK (§ 113.1200) Clay Ceramics Manufacturing May 16,2003 & 

### Mav28,2003
LLLLL (§113.1210) Asphalt Processing and Asphalt Roofing Manufacturing May7, 2003

MMMMM (§113.1220) Flexible Polyurethane Foam Fabrication Operations April 14, 2003

NNNNN (§ 113.1230) Hydrochloric Acid Production April17, 2003

ppppp (§ 113.1250) Engine Test Cells/Stands August 28, 2003 QQQQQ (§113.1260) Friction Materials Manufacturing Facilities October 18, 2002

RRRRR (§113.1270) Taconite Iron Ore Processing 

# i October 30, 2003


# sssss (§113.1280) Refractory Products Manufacturing April16, 2003

TTITT (§113.1290) Primary Magnesium Refining October I 0, 2003

## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

ORDER ADOPTING NEW AND AMENDED RULES



### Docket No. 2007-0747-RUL

On December 5, 2007, the Texas Commission on Environmental Quality (Commission) adopted new and amended rules in 30 T A C Chapter 113, concerning Standards ofPerformance for Hazardous Air Pollutants and for Designated Facilities and Pollutants, Subchapter C: National Emission Standards for Hazardous Air Pollutants for Source Categories. The Commission adopted amended § § 113.100, 113.105, 113.106, 113.110, 113.120, 113.170, 113.180, 113.190, 113.200, 113.220, 113.230, 113.240, 113.250, 113.260, 113.280, 113.300, 113.320, 113.330, 113.350, 113.380, 113.390, 113.400, 113.420, 113.430, 113.440, 113.500, 113.550, 113.560, 113.600, 113.620, 113.640, 113.650, 113.670, 113.690, 113.700, 113.710, 113.720, 113.730, 113.740, 113.750, 113.770, 113.780, 113.810, 113.840,' 113.860, 113.880, 113.890, 113.900, 113.910,113.920,113.930,113.940,113.960,113.970,113.980,113.990,113.1000,113.1010,113.1030, 113.1040, 113.1060,113.1070, 113.1080, 113.1090, 113.1100,113.1110, 113.1120, 113.1140,113.1150, 113.1160, 113.1170,113.1180, 113.1190, 113.1200, 113.1210,113.1220, 113.1230, 113.1250,113.1260, 113.1270, 113.1280,and 113.1290,andnew§§113.870, 113.1390,113.1400, 113.1410,and 113.1420. The proposed rules were published for comment in the August 24, 2007 issue of the Texas Register (32 TexReg 5296). '

IT IS THEREFORE ORDERED BY THE COMMISSION that the new and amended rules are hereby adopted. The Commission further authorizes staffto make any non-substantive revisions to the rules necessary to comply with Texas Register requirements. The adopted rules and the preamble to the adopted rules are incorporated by reference in this Order as if set forth at length verbatim in this Order.

This Order constitutes the Order of the Commission required by the Administrative Procedure Act, Government Code, Section 2001.033.

If any portion ofthis Order is for any reason held to be invalid by a court ofcompetentjurisdiction, the invalidity of any portion shall not affect the validity of the remaining portions.

Issued date: 

# DEC 

# 13 2007

TEXAS COMMISSION ON ENVIRONMENTAL QUALITYThe adopted amendment to § 134.402(e)(3)(D) changes "commissioner" to "Division."
The adopted amendments to § 134.402(f) change a reference from " § 133.302 and § 133.303 of this title (relating to Preparation for an Onsite Audit and Onsite Audits)" to " § 133.230 of this title (relating to Insurance Carrier Audit of a Medical Bill)" and changes the reference to § 133.307 of this title from "(relating toMedical Dispute Resolution of a Medical Fee Dispute)" to "(relating to MDR of Fee Disputes)." Comment: Several commenters supported the proposal to freeze the Ambulatory Surgical Center (ASC) reimbursement methodology and rates based on the Medicare system in effect on December 31, 2007. Agency Response: The Division appreciates the support.Comment: A commenter stated that the system would be better served by "getting it right," and suggested deletion of theSeptember 1, 2008 date in the rule. Agency Response: The Division agrees that it is important to make appropriate rule amendments; however, the Division declines to make the change. Although time is needed to reevaluate all of the data and information, and to analyze the effects of the new Medicare ASC reimbursement methodology on workers ’ compensation reimbursements, the Division ’s proposed plan is to accomplish the appropriate transition to the new Medicare reimbursement methodology by September 1, 2008. In addition, by establishing a specic timeline, workers ’ compensation system participants are able to plan ahead for the necessary adjustments.Comment: Several comments were made relating to recommendations for future rulemaking on ASC reimbursement methodology and rates. The comments urged the Division to immediately proceed with development of a permanent rule, to form an ASC Fee Guideline Workgroup, to be careful to follow CMS and Texas Legislative standards when drafting the permanent ASCrule, to build on the outpatient hospital fee guideline reimbursement structure, to be aware that Medicare reimburses ASC’s at 65% of the rate paid for outpatient hospital services, to adopt a permanent rule by September 1, 2008, and if not, to continue the freeze until it is adopted. Agency Response: Although the comments are outside the scope of this rulemaking, they will be considered as plans for future rulemaking on ASC.For: The Boeing Company, Zenith Insurance Company, Insurance Council of Texas, Of ce of Injured Employee Counsel, Property Casualty Insurance Association of America, Texas Mutual Insurance Company. Against: None. The amendments are adopted under the Texas Labor Code §§408.021, 413.002, 413.007, 413.011 - 413.017, 413.019, 413.031; 413.0511, 402.0111, and 402.061. Section 408.021 entitles injured employees to all health care reasonably required by the nature of the injury as and when needed. Section 413.002 requires the Division to monitor health care providers, insurance carriers and claimants to ensure compliance with Division rules. Section 413.007 sets out information to be maintained by the Division. Section 413.011 mandates that the Division by ruleestablish medical reimbursement policies and guidelines. Section 413.012 requires review and revision of the medical policies and fee guidelines at least every two years. Section 413.013 requires the Division by rule to establish programs related tohealth care treatments and services for dispute resolution, monitoring, and review. Section 413.014 requires preauthorization by the insurance carrier for health care treatments and services. Section 413.015 requires insurance carriers to pay charges for medical services as provided in the statute and requires that the Division ensure compliance with the medical policies and fee guidelines through audit and review. Section 413.016 provides for refund of payments made in violation of the medical policies and fee guidelines. Section 413.017 provides a presumption of reasonableness for medical services fees that are consistent with the medical policies and fee guidelines. Section 413.019 provides for payment of interest on delayed payments refunds or overpayments. Section 413.031 provides a procedure formedical dispute resolution. Section 413.0511 requires the Medical Advisor to make recommendations regarding the adoption of rules and policies to develop, maintain, and review guidelines as provided by §413.011. Section 402.00111 provides that the Commissioner of workers ’ compensation shall exercise all executive authority, including rulemaking authority, under the Labor Code and other laws of this state. Section 402.061 provides that the Commissioner of workers’ compensation has the authority to adopt rules as necessary to implement and enforce the Texas Workers ’ Compensation Act.
This agency hereby certi es that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Of ce of the Secretary of State on December 10,

2007.

TRD-200706245
Norma Garcia
General Counsel Texas Department of Insurance, Division of Workers ’ Compensation Effective date: December 30, 2007 Proposal publication date: October 26, 2007 For further information, please call: (512) 804-4715



## TITLE 30. ENVIRONMENTAL QUALITY


# PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CHAPTER 113. STANDARDS OF
PERFORMANCE FOR HAZARDOUS AIR
POLLUTANTS AND FOR DESIGNATED
FACILITIES AND POLLUTANTS
SUBCHAPTER C. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE CATEGORIES (FCAA § 112, 40 CFR PART 63)

30 TAC §§ 113.100, 113.105, 113.106, 113.110, 113.120, 113.170, 113.180, 113.190, 113.200, 113.220, 113.230, 113.240, 113.250, 113.260, 113.280, 113.300, 113.320, 113.330, 113.350, 113.380, 113.390, 113.400, 113.420, 113.430, 113.440, 113.500, 113.550, 113.560, 113.600, 113.620, 113.640, 113.650, 113.670, 113.690, 113.700, 113.710, 113.720, 113.730, 113.740, 113.750, 113.770, 113.780, 113.810, 113.840, 113.860, 113.870, 113.880, 113.890, 113.900, 113.910, 113.920, 113.930, 113.940,



## 32 T exReg 9698 December 21, 2007 Texas Register

### 113.960, 113.970, 113.980, 113.990, 113.1000, 113.1010, 113.1030, 113.1040, 113.1060, 113.1070, 113.1080, 113.1090, 113.1100, 113.1110, 113.1120, 113.1140, 113.1150, 113.1160, 113.1170, 113.1180, 113.1190, 113.1200, 113.1210, 113.1220, 113.1230, 113.1250, 113.1260, 113.1270, 113.1280, 113.1290, 113.1390, 113.1400, 113.1410, 113.1420
The Texas Commission on Environmental Quality (commission) adopts amendments to §§ 113.100, 113.105, 113.106, 113.110, 113.120, 113.170, 113.180, 113.190, 113.200, 113.220, 113.230, 113.240, 113.250, 113.260, 113.280, 113.300, 113.320, 113.330, 113.350, 113.380, 113.390, 113.400, 113.420, 113.430, 113.440, 113.500, 113.550, 113.560, 113.600, 113.620, 113.640, 113.650, 113.670, 113.690, 113.700, 113.710, 113.720, 113.730, 113.740, 113.750, 113.770, 113.780, 113.810, 113.840, 113.860, 113.880, 113.890, 113.900, 113.910, 113.920, 113.930, 113.940, 113.960, 113.970, 113.980, 113.990, 113.1000, 113.1010, 113.1030, 113.1040, 113.1060, 113.1070, 113.1080, 113.1090, 113.1100, 113.1110, 113.1120, 113.1140, 113.1150, 113.1160, 113.1170, 113.1180, 113.1190, 113.1200, 113.1210, 113.1220, 113.1230, 113.1250, 113.1260, 113.1270, 113.1280, and 113.1290 without changes to the proposed text as published in the August 24, 2007, issue of the Texas Register (32 TexReg 5296) and will not be republished. The commission also adopts new §§ 113.1390, 113.1400, 113.1410, and 113.1420 without changes to the proposed text as published in the August 24, 2007, issue of the Texas Register (32 TexReg 5296) and will not be republished. Section 113.870 is adopted with changes to the text and will be republished.
The commission does not adopt new § 113.1130 as published in the August 24, 2007, issue of the Texas Register . A federal court has issued a full vacatur of the National Emission Standards for Hazardous Air Pollutants for the source category referenced in this section.

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULESThe adopted amendments to Chapter 113 incorporate amendments that the United States Environmental Protection Agency (EPA) made to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories, under Title 40 Code of Federal Regulations (40 CFR) Part 63 and add ve NESHAPs that have not previously been incorporated into Chapter 113.The adopted amendments to Chapter 113 incorporate by reference amendments that the EPA made to the NESHAP for Source Categories under 40 CFR Part 63. These are technology-based standards commonly referred to as the maximum achievable control technology (MACT) standards. The MACT standards are required by the Federal Clean Air Act Amendments of 1990 (FCAA), § 112, which requires the EPA to develop national technology-based standards for new and existing sources of hazardous air pollutants listed in § 112. The MACT standards aregenerally required to be based on the maximum degree of emission control that is achievable, taking into consideration cost and any non-air quality health and environmental impacts and energy requirements. In addition, the adopted new sections incorporate by reference ve MACT standards that have not been previously incorporatedinto Chapter 113. The EPA is developing these national standards to regulate emissions of hazardous air pollutants as required under FCAA, § 112, as codi ed in 42 United States Code (USC), §7412. Under federal law, affected industries are required to implement the MACT standards regardless of whether the commission or the EPA is the agency responsible for implementation. As MACTstandards are promulgated or amended by the EPA, they are reviewed by commission staff for compatibility with current commission regulations and policies. The commission then incorporates them, as appropriate, into Chapter 113 through formal rulemaking procedures. After each MACT standard or amendment is adopted, the commission will seek formal delegation from theEPA under 40 CFR Part 63, Subpart E (Approval of State Programs and Delegation of Federal Authorities), which implements 42 USC, §7412(1). Upon delegation, the commission will beresponsible for administering and enforcing the MACT requirements. The commission adopts the incorporation of the following amendments that the EPA has made to the 40 CFR Part 63General Provisions and 82 of the federal MACT standards previously incorporated into the commission rules by updating the federal promulgation dates and Federal Register (FR) citations stated in the commission rules, as discussed more speci cally in the SECTION BY SECTION DISCUSSION in this preamble.The amended standards, along with their corresponding Chapter 113 sections and original incorporation dates, are listed in the following table. Figure 1: 30 TAC Chapter 113--Preamble

The ve recent federal MACT standards not currently included in Chapter 113 that the commission is adopting as incorporated by reference without change are summarized in the following table. Figure 2: 30 TAC Chapter 113--Preamble

SECTION BY SECTION DISCUSSION Section 113.100--General Provisions (40 CFR 63, Subpart A)
The commission adopts § 113.100 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart A, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart A, on April 15, 2005 (70 FR 19992), December 16, 2005 (70 FR 74870), February 16, 2006 (71 FR 8342), April 20, 2006 (71 FR 20446), November 28, 2006 (71 FR 68750), December 6, 2006 (71 FR 70660), January 3, 2007 (72 FR 26), January 23, 2007 (72 FR 2930), and May 16, 2007 (72 FR 27437). The April 15, 2005, amendments incorporated by reference the ANSI/ASMEPTC 19.10-1981, a Flue and Exhaust Gas Analyses. The December 16, 2005, amendments give the new address to purchase material from the American Society of Mechanical Engineers (ASME). A new incorporation by reference of an ASME analysis was also added. The February 16, 2006, amendments incorporated by reference a source sampling method. The April 20, 2006, amendments revised compliance with standards andmaintenance requirements, as well as monitoring, recordkeeping, and reporting requirements as they relate to startup, shutdown, and malfunction plans.
The November 28, 2006, amendments incorporated by reference the New Hampshire Regulations Applicable to HazardousAir Pollutants, September 2006. The December 6, 2006, January 3, 2007, and January 23, 2007 amendments incorporated by reference new test methods. The May 16, 2007, amendmentsallow for extensions to the deadline to conduct initial or subsequent performance tests due to a force majeure condition.



## ADOPTED RULES December 21, 2007 32 TexReg 9699Section 113.105--Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act § 112(j) (40 CFR 63, Subpart B, §§63.50 - 63.56)
The commission adopts § 113.105 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart B, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart B,on July 11, 2005 (70 FR 39662). The July 11, 2005, amendments revised Table 1 of 40 CFR Part 63, Subpart B to reectthe revised deadlines in a recently amended consent decree relating to boilers and hydrochloric acid production furnaces that burn hazardous waste.
Section 113.106--List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List (40 CFR 63, Subpart C)
The commission adopts § 113.106 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart C,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart C, on December 19, 2005 (70 FR 75047). The December 19, 2005, amendments revised the list of hazardous air pollutants contained in Federal Clean Air Act, § 112 by removing the compound methyl ethyl ketone.Section 113.110--Synthetic Organic Chemical Manufacturing Industry (40 CFR 63, Subpart F)
The commission adopts § 113.110 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart F, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart F, on April 20, 2006 (71 FR 20446) and December 21, 2006 (71 FR76614). The April 20, 2006, amendments revised general standards and maintenance wastewater requirements as they relate to startup, shutdown, and malfunction plans. The December 21,2006, amendments removed methyl ethyl ketone from the Hazardous Organic NESHAP (HON) tables of this subpart.Section 113.120--Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater (40 CFR 63, Subpart G)
The commission adopts § 113.120 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart G, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart G, on December 23, 2004 (69 FR 76863), April 20, 2006 (71 FR 20446), and December 21, 2006 (71 FR 76603). The December23, 2004, amendments revised the HON to allow vapor balancing in conjunction with the use of a pressure setting to comply with the storage tank control requirements standards. The April20, 2006, amendments revised the general reporting and continuous recordkeeping requirements as they relate to startup, shutdown, and malfunction plans. The December 21, 2006, amendments removed methyl ethyl ketone from HON tables and clari-  ed the requirement to re-determine Group status for wastewater streams if process or operational changes occur that could reasonably change the wastewater stream from a Group 2 to aGroup 1 stream. In addition, these amendments waived all noti cation and reporting requirements for owners or operators of facilities where railcars, tank trucks, or barges, which are part of the vapor balancing control option, are reloaded or cleaned. This allows off-site reloading and cleaning operations to comply with monitoring, recordkeeping, and reporting provisions of any other applicable 40 CFR Part 63 standard in lieu of the monitoring, recordkeeping, and reporting in the HON. Section 113.170--Coke Oven Batteries (40 CFR 63, Subpart L)
The commission adopts § 113.170 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart L,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart L, on April 15, 2005 (70 FR 19992) and April 20, 2006 (71 FR 20446). The April 15, 2005, amendments clari ed limits for visible emissions for existing by-product batteries and improved control of charging emissions from a new non-recovery battery. In addition, these amendments required the owner or operator to implement a work practice standard designed to ensure that the draft on the oven is maximized during charging. The April 20, 2006, amendments revised the de nition of malfunction and the requirements for startup, shutdown, and malfunctions. Section 113.180--Perchloroethylene Dry Cleaning Facilities (40 CFR 63, Subpart M)
The commission adopts § 113.180 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart M,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart M, on December 19, 2005 (70 FR 75320), July 27, 2006 (71 FR 42724), and September 21, 2006 (71 FR 55280). The December 19, 2005, amendments revised the applicability to state that area sources subject to the NESHAP are exempt from the obligationto obtain operating permits under 40 CFR Part 70 (State Operating Permit Programs) or 71 (Federal Operating Permit Programs), unless the source would be required to obtain these permits for another reason, as de ned in 40 CFR Part 70 or 71. The July 27, 2006, amendments promulgated revisions to take into account new developments in production practices, processes,and control technologies. In addition, these amendments promulgated more stringent standards for major sources in order to protect public health with an ample margin of safety. TheSeptember 21, 2006, amendments corrected a typographical error.
Section 113.190--Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (40 CFR 63, Subpart N)
The commission adopts § 113.190 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart N, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart N, on December 19, 2005 (70 FR 75320) and April 20, 2006 (71 FR20446). The December 19, 2005, amendments revised the applicability to state that area sources subject to the NESHAP are exempt from the obligation to obtain operating permits under 40CFR Part 70 or 71, unless the source would be required to obtain these permits for another reason, as de ned in 40 CFR Part 70 or 71. The April 20, 2006, amendments revised standards as they relate to startup, shutdown, and malfunction plans.Section 113.200--Ethylene Oxide Emissions Standards for Sterilization Facilities (40 CFR 63, Subpart O)
The commission adopts § 113.200 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart O, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart O, on December 19, 2005 (70 FR 75320). The December 19, 2005, amendments revised the applicability to state that area sources



## 32 T exReg 9700 December 21, 2007 Texas Registersubject to the NESHAP are exempt from the obligation to obtain operating permits under 40 CFR Part 70 or 71, unless the source would be required to obtain these permits for another reason, as de ned in 40 CFR Part 70 or 71. Section 113.220--Industrial Process Cooling Towers (40 CFR 63, Subpart Q)
The commission adopts § 113.220 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart Q, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart Q, on April 7, 2006 (71 FR 17738). The April 7, 2006, amendments revised the applicability requirements to provide that sourcesthat are operated with chromium-based water treatment chemicals are to be subject to the standard. Section 113.230--Gasoline Distribution Facilities (40 CFR 63, Subpart R)
The commission adopts § 113.230 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart R, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart R, on April 6, 2006 (71 FR 17352). The April 6, 2006, amendments updated reporting and recordkeeping requirements pertaining to annual certi cation testing and railcar bubble leak testing. Section 113.240--Pulp and Paper Industry (40 CFR 63, Subpart S)
The commission adopts § 113.240 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart S, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart S, on April 13, 2004 (69 FR 19734). The April 13, 2004, amendments affect a semi-chemical pulp and paper mill located in Tomahawk, Wisconsin. Section 113.250--Halogenated Solvent Cleaning (40 CFR 63, Subpart T)
The commission adopts § 113.250 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart T, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart T, on December 19, 2005 (70 FR 75320) and May 3, 2007 (72 FR25138). The December 19, 2005, amendments revised the applicability to state that area sources subject to the NESHAP are exempt from the obligation to obtain operating permits under 40 CFR Part 70 or 71, unless the source would be required to obtain these permits for another reason, as de ned in 40 CFR Part 70 or 71. The May 3, 2007, amendments revised the emission limits of methylene chloride, trichloroethylene, and perchloroethylene from facilities engaged in halogenated solvent cleaning. The standards became more stringent to provide an ample margin of safety to protect public health. Section 113.260--Group I Polymers and Resins (40 CFR 63, Subpart U)
The commission adopts § 113.260 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart U,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart U, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general recordkeeping and reporting provisions as they relate to startup, shutdown, and malfunction plans. Section 113.280--Epoxy Resins Production and Non-Nylon Polyamides Production (40 CFR 63, Subpart W)
The commission adopts § 113.280 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart W,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart W, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the monitoring requirements as they relate to startup, shutdown, and malfunctions. Section 113.300--Marine Vessel Loading (40 CFR 63, Subpart Y)
The commission adopts § 113.300 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart Y, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart Y, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised standards to require an operation and maintenance plan to be written. Section 113.320--Phosphoric Acid Manufacturing Plants (40 CFR 63, Subpart AA)
The commission adopts § 113.320 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart AA, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart AA,on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the applicability as it relates to startup, shutdown, and malfunctions. Section 113.330--Phosphate Fertilizers Production Plants (40 CFR 63, Subpart BB)
The commission adopts § 113.330 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart BB, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart BB,on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the applicability as it relates to startup, shutdown, and malfunctions. Section 113.350--Off-Site Waste and Recovery Operations (40 CFR 63, Subpart DD)
The commission adopts § 113.350 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart DD, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart DD,on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the inspection and monitoring requirements as they relate to startup, shutdown, and malfunctions.Section 113.380--Aerospace Manufacturing and Rework Facilities (40 CFR 63, Subpart GG)
The commission adopts § 113.380 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart GG, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart GG,on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general standards as they relate to startup, shutdown, and malfunctions. Section 113.390--Oil and Natural Gas Production Facilities (40 CFR 63, Subpart HH)
The commission adopts § 113.390 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart HH,



## ADOPTED RULES December 21, 2007 32 TexReg 9701made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart HH, on April 20, 2006 (71 FR 20446) and January 3, 2007(72 FR 26). The April 20, 2006, amendments revised the inspection and monitoring requirements and general provisions as they relate to startup, shutdown, and malfunctions. The January 3, 2007, amendments revised the applicability and designation of affected source, de nitions, standards, test methods, compliance procedures, compliance demonstrations, and recordkeeping and reporting requirements to reect that oil and natural gas production is identi ed as an area source category under FCAA, § 112(c)(3).Section 113.400--Shipbuilding and Ship Repair (Surface Coating) (40 CFR 63, Subpart II)
The commission adopts § 113.400 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart II,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart II, on December 29, 2006 (71 FR 78369). The December 29, 2006, amendments revised and added new de nitions andeliminated the term "pleasure craft." These amendments also excluded those coating activities that are subject to emission limitations or work practices under the NESHAP for boat manufacturing and they amended the compliance period for shipbuilding and ship operations. Section 113.420--Printing and Publishing (40 CFR 63, Subpart KK)
The commission adopts § 113.420 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart KK,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart KK, on May 24, 2006 (71 FR 29792). The May 24, 2006, amendments revised the applicability, which includes a provision for some sources to establish and maintain themselves as areasources of HAP with respect to this NESHAP. These amendments also provided an option for including stand-alone coating equipment and revised de nitions, standards, performance testmethods, and monitoring, recordkeeping and reporting requirements. Section 113.430--Primary Aluminum Reduction Plants (40 CFR 63, Subpart LL)
The commission adopts § 113.430 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart LL,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart LL, on November 2, 2005 (70 FR 66280) and April 20, 2006 (71 FR 20446). The November 2, 2005, amendments revised theemission limit for polycyclic organic matter applicable to one potline subcategory. The amendments also revised the complianceprovisions to clarify the dates which all plants must meet the NESHAP requirements and to specify the time allowed to demonstrate initial compliance for a new or reconstructed potline, anode bake furnace, or pitch storage tank, as well as an existingpotline or anode bake furnace that has been shutdown and subsequently restarted. The April 20, 2006, amendments revised the emission monitoring requirements, as well as the noti cation, reporting and recordkeeping requirements as they relate to startup, shutdown, and malfunctions. Section 113.440--Chemical Recovery Combustion Sources at Kraft, Soda, Sul te, and Stand-Alone Semichemical Pulp Mills (40 CFR 63, Subpart MM) The commission adopts § 113.440 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart MM, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart MM, on April 20, 2006 (71 FR 20446). The April 20, 2006,amendments revised the monitoring and recordkeeping requirements as they relate to startup, shutdown, and malfunctions.Section 113.500--Closed Vent Systems, Control Devices, Recovery Devices, and Routing to a Fuel Gas System or a Process (40 CFR 63, Subpart SS)
The commission adopts § 113.500 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart SS, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart SS,on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the recordkeeping requirements as they relate to startup, shutdown, and malfunctions. Section 113.550--Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations (40 CFR 63, Subpart XX)
The commission adopts § 113.550 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart XX, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart XX,on April 13, 2005 (70 FR 19266). The April 13, 2005, amendments clari ed the compliance requirements for benzene wastestreams and the requirements for heat exchangers and heat exchanger systems. These amendments also stipulate the provisions for off-site waste transfer.

Section 113.560--Generic Maximum Achievable Control Technology Standards (40 CFR 63, Subpart YY)
The commission adopts § 113.560 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart YY,made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart YY, on April 13, 2005 (70 FR 19266) and April 20, 2006 (71 FR20446). The April 13, 2005, amendments corrected the regulatory language that made emissions from ethylene cracking furnaces during decoking operations an exception to the provisions. These amendments also delineate overlapping requirements forstorage vessels and transfer racks. The April 20, 2006, amendments revised the de nition of malfunction and requirements as they relate to startup, shutdown, and malfunctions.Section 113.600--Steel Pickling - HCl Process Facilities and Hydrochloric Acid Regeneration Plants (40 CFR 63, Subpart CCC)
The commission adopts § 113.600 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart CCC, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart CCC, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the reporting requirements as they relate to startup, shutdown, and malfunctions. Section 113.620--Hazardous Waste Combustors (40 CFR 63, Subpart EEE)
The commission adopts § 113.620 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart EEE, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart EEE, on October 12, 2005 (70 FR 59402), April 20, 2006 (71



## 32 T exReg 9702 December 21, 2007 Texas RegisterFR 20446), and October 25, 2006 (71 FR 62388). The October 12, 2005, amendments implement FCAA, § 112(d) by requiring hazardous waste combustors to meet HAP emission standards

reecting the performance of the MACT. The April 20, 2006,amendments revised the compliance requirements as they relate to startup, shutdown, and malfunctions. The October 25, 2006, amendments suspend the obligation of new cement kilns to comply with the particulate matter standard until the EPA takes  nal action on the proposal.Section 113.640--Pharmaceuticals Production (40 CFR 63, Subpart GGG)
The commission adopts § 113.640 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart GGG, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart GGG, on May 13, 2005 (70 FR 25666) and April 20, 2006 (71 FR 20446). The May 13, 2005, amendments added a reference to an existing generic standard as a compliance alternative for large wastewater containers; applied the same planned routine maintenance provisions for storage tanks to wastewater tanks; allowed monitoring of the condenser product side temperature inlieu of the exit gas temperature; and allowed monitoring of caustic strength of the scrubber efuent as an alternative to measuring pH. The April 20, 2006, amendments revised the de nitionof malfunction. The wastewater standards, monitoring requirements, and recordkeeping requirements were also amended, requiring a startup, shutdown, and malfunction plan.Section 113.650--Natural Gas Transmission and Storage Facilities (40 CFR 63, Subpart HHH)
The commission adopts § 113.650 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart HHH, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart HHH, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the inspection and monitoring requirements, as well as the general provisions as they relate to startup, shutdown, and malfunctions. Section 113.670--Group IV Polymers and Resins (40 CFR 63, Subpart JJJ)
The commission adopts § 113.670 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart JJJ, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart JJJ,on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general recordkeeping and reporting provisions requiring a startup, shutdown, and malfunction plan. Section 113.690--Portland Cement Manufacturing Industry (40 CFR 63, Subpart LLL)
The commission adopts § 113.690 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartLLL, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart LLL, on December 20, 2006 (71 FR 76518). The December 20, 2006, amendments revised the standards and operating limits for kilns and in-line kiln/raw mills. The amendments also revised the standards for new or reconstructed raw material dryers and updated the performance testing requirements, monitoring and recordkeeping requirements, and compliance dates. Section 113.700--Pesticide Active Ingredient Production (40 CFR 63, Subpart MMM) The commission adopts § 113.700 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart MMM, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart MMM, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the de nition of malfunction. These amendments also revised the monitoring, inspection, and recordkeeping provisions by requiring a startup, shutdown, and malfunction plan. Section 113.710--Wool Fiberglass Manufacturing (40 CFR 63, Subpart NNN)
The commission adopts § 113.710 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart NNN, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart NNN, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the standards requiring an operation and maintenance plan to be written. Section 113.720--Manufacture of Amino/Phenolic Resins (40 CFR 63, Subpart OOO)
The commission adopts § 113.720 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart OOO, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart OOO, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the de nition of malfunction. These amendments also revised the compliance and recordkeepingrequirements as they relate to startup, shutdown, and malfunctions. Section 113.730--Polyether Polyols Production (40 CFR 63, Subpart PPP)
The commission adopts § 113.730 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart PPP, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart PPP, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general recordkeeping and reporting provisions as they relate to startup, shutdown, and malfunctions. Section 113.740--Primary Copper Smelting (40 CFR 63, Subpart QQQ)
The commission adopts § 113.740 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartQQQ, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart QQQ, on July 14, 2005 (70 FR 40672) and April 20, 2006 (71 FR20446). The July 14, 2005, amendments corrected the monitoring requirements for control systems other than baghouses and venturi wet scrubbers. The April 20, 2006, amendments revisedrequirements as they relate to startup, shutdown, and malfunctions. Section 113.750--Secondary Aluminum Production (40 CFR 63, Subpart RRR)
The commission adopts § 113.750 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart RRR, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart RRR, on September 3, 2004 (69 FR 53980), October 3, 2005 (70 FR 57513), December 19, 2005 (70 FR 75320), andApril 20, 2006 (71 FR 20446). The September 3, 2004, amend

## ADOPTED RULES December 21, 2007 32 TexReg 9703ments clari ed regulatory text, corrected errors, and improved understanding of the rule requirements. The de nitions were revised by deleting the de nition of internal runaround replacing it with a de nition of runaround scrap, and revising the de nition of "T

i " to state the proper units. These amendments included unitsfor emissions of dioxin/furans (D/F) to clarify that the requirements for measurement of feed/charge weight apply to facilities subject to emission limits for D/F, as well as emission limits forother pollutants. The September 3, 2004, amendments also revised the operating requirements for dross-only furnaces to be consistent with the de nition for this type of furnace. Equation 7 in 40 CFR, §63.1513 was amended to apply only to particulate matter and hydrogen chloride emissions and a separateequation for computing D/F emissions was added in the appropriate measurement units for the standard. The requirements for the semiannual excess emission/summary reports were also amended.The October 3, 2005, amendments corrected a punctuation error in the de nition of clean charge, and a typographical error inthe operating temperature of a scrap dryer/delacquering kiln/decoating kiln afterburner. The December 19, 2005, amendments revised the applicability to state that area sources subject to theNESHAP are exempt from the obligation to obtain operating permits under 40 CFR Part 70 or 71, unless the source would be required to obtain these permits for another reason, as de ned in 40 CFR Part 70 or 71. The April 20, 2006, amendments revised the reporting requirements as they relate to startup, shutdown, and malfunction plans. Section 113.770--Primary Lead Smelting (40 CFR 63, Subpart TTT)
The commission adopts § 113.770 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart TTT, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart TTT, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the de nition of malfunction. In addition, the monitoring requirements were amended as they relate to startup, shutdown, and malfunctions.

Section 113.780--Petroleum Reneries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units (40 CFR 63, Subpart UUU)
The commission adopts § 113.780 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartUUU, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart UUU, on February 9, 2005 (70 FR 6930) and April 20, 2006 (71 FR 20446). The February 9, 2005, amendments revised the affected source designations and added new compliance options for catalytic reforming units that use different types ofemission control systems. These amendments added new monitoring alternatives for catalytic cracking units and catalytic reforming units, and a new procedure for determining the metalor total chloride concentration on catalyst particles. The February 9, 2005, amendments also deferred technical requirements for most continuous parameter monitoring systems. In addition, these amendments clari ed the testing and monitoring requirements, and included editorial corrections. The April 20, 2006, amendments revised the general requirements as they relate to startup, shutdown, and malfunctions. Section 113.810--Ferroalloys Production: Ferromanganese and Silicomanganese (40 CFR 63, Subpart XXX) The commission adopts § 113.810 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart XXX, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart XXX, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the de nition of malfunction. The amendments also revised performance testing, test methods and compliance demonstrations relating to startup, shutdown, and malfunctions. Section 113.840--Municipal Solid Waste Land lls (40 CFR 63, Subpart AAAA)
The commission adopts § 113.840 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartAAAA, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart AAAA, on April 20, 2006 (71 FR 20446). The April 20, 2006,amendments revised the compliance determination and deviation requirements as they relate to startup, shutdown, and malfunction plans. Section 113.860--Manufacturing of Nutritional Yeast (40 CFR 63, Subpart CCCC)
The commission adopts § 113.860 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartCCCC, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart CCCC, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general requirements as they relate to startup, shutdown, and malfunctions. Section 113.870--Plywood and Composite Wood Products (40 CFR 63, Subpart DDDD)
The commission adopts new § 113.870 by incorporating by reference, the  nal promulgated rules in 40 CFR Part 63, Subpart DDDD, adopted by the EPA on July 30, 2004 (69 FR 45944), as amended on February 16, 2006 (71 FR 8342), April 20, 2006 (71 FR 20446), and October 29, 2007 (72 FR 61060. This MACT standard regulates HAP emissions from plywood and composite wood product facilities and sawmills with lumber kilns that aremajor sources. HAPs emitted from these facilities include: acetaldehyde, acrolein, formaldehyde, methanol, phenol, and propionaldehyde. The February 16, 2006, amendments addressed a petition forreconsideration of certain provisions, and amended the applicability, general requirements, and de nitions. The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunction plans. A federal court has partially vacated portions of the plywood and composite wood product MACT, and the EPA has published a 

-nal rule announcing the Court decision and promulgating ministerial amendments that will incorporate the Court’s decision into the Code of Federal Regulations. Section 113.880--Organic Liquids Distribution (Non-Gasoline) (40 CFR 63, Subpart EEEE)
The commission adopts § 113.880 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartEEEE, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart EEEE, on April 20, 2006 (71 FR 20446) and July 28, 2006 (71 FR 42898). The April 20, 2006, amendments revised the general requirements and provisions as they relate to startup, shutdown, and malfunctions. The July 28, 2006, amendments provided an



## 32 T exReg 9704 December 21, 2007 Texas Registeradditional, equivalent control option that allows routing of displaced HAP vapors to a storage tank with a common header. An option was added to allow vapor balancing back to transport vehicle for storage tanks when they are being  lled with organic liquids. A compliance date extension was added for all storage tanks. These amendments also revised the recordkeeping and reporting requirements for emissions sources that do not require control.Section 113.890--Miscellaneous Organic Chemical Manufacturing (40 CFR 63, Subpart FFFF)
The commission adopts § 113.890 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartFFFF, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart FFFF, on July 1, 2005 (70 FR 38554), March 1, 2006 (71 FR 10439), April 20, 2006 (71 FR 20446), and July 14, 2006 (71 FR 40316). The July 1, 2005, amendments clari ed the compliance requirements for ares and the alternative standards, which limitthe outlet concentration to 20 parts per million. These amendments also extended the vapor balancing alternative to covertransfers from barges to storage tanks and amended the procedures for correcting measured concentrations at the outlet of combustion devices to correct for dilution by supplemental gas. The July 1, 2005, amendments also clari ed the signature requirements for the noti cation of compliance status report.
The March 1, 2006, amendments extended the compliance date for existing sources by 18 months. The April 20, 2006, amendments revised the general provisions as they relate to startup, shutdown, and malfunction plans. The July 14, 2006, amendments clari ed the applicability of MACT FFFF, provided additional compliance options, modi ed initial and continuous compliance requirements, and simpli ed the recordkeeping and reporting requirements. These provisions will reduce the burden associated with demonstrating compliance without affecting emissions control or the ability of enforcement agencies to ensure compliance.Section 113.900--Solvent Extraction for Vegetable Oil Production (40 CFR 63, Subpart GGGG)
The commission adopts § 113.900 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart GGGG, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart GGGG, on September 1, 2004 (69 FR 53338) and April 20,2006 (71 FR 20446). The September 1, 2004, amendments revised the compliance requirements for vegetable oil production processes that exclusively use a qualifying low-HAP extraction solvent. The April 20, 2006, amendments revised de nitions and compliance with HAP emission standards. These amendments also required a startup, shutdown, and malfunction plan. Section 113.910--Wet-Formed Fiberglass Mat Production (40 CFR 63, Subpart HHHH)
The commission adopts § 113.910 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartHHHH, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart HHHH, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the operating limits and required a startup, shutdown, and malfunction plan. Section 113.920--Surface Coating of Automobiles and Light-Duty Trucks (40 CFR 63, Subpart IIII) The commission adopts § 113.920 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart IIII, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart IIII, on April 20, 2006 (71 FR 20446), December 22, 2006 (71 FR 76922), and April 24, 2007 (72 FR 20227). The April 20, 2006, amendments revised the general requirements and added requirements for demonstrating compliance relating to startup,shutdown, and malfunctions. The December 22, 2006, amendments allowed the owner or operator of an automobile and lightduty coating affected source to include in that affected source any coating operation which applies coatings to parts intended for use in new automobiles, new light-duty trucks, or aftermarket repair or replacement parts for automobiles or light-duty trucks which would otherwise be subject to the Miscellaneous Metal Part NESHAP or the Plastic Parts NESHAP. These amendments also added an option to include the coating of heavier vehiclebodies, body parts for heavier vehicles, and parts for heavier vehicles in the affected source under this NESHAP. The April 24,2007, amendments revised the applicability, recordkeeping requirements, determination of initial compliance, and de nitions. Section 113.930--Paper and Other Web Coating (40 CFR 63, Subpart JJJJ)
The commission adopts § 113.930 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartJJJJ, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart JJJJ, on May 24, 2006 (71 FR 29792). The May 24, 2006, amendments revised what is subject to this subpart by including any web coating lines. Section 113.940--Surface Coating of Metal Cans (40 CFR 63, Subpart KKKK)
The commission adopts § 113.940 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartKKKK, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart KKKK, on January 6, 2006 (71 FR 1378) and April 20, 2006 (71FR 20446). The January 6, 2006, amendments updated operating limits to state that new and reconstructed sources mustmeet the operating limits at all times after they have been established during the performance test, and existing sources must meet the operating limits at all times after the compliance date of November 13, 2006. These amendments also added the phrase "considering controls" to the description of major source of HAPemissions and all required calculations. In addition, all compliance demonstrations may be performed using either metric orEnglish units. The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.960--Surface Coating of Miscellaneous Metal Parts and Products (40 CFR 63, Subpart MMMM)
The commission adopts § 113.960 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart MMMM, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart MMMM, on April 20, 2006 (71 FR 20446) and December22, 2006 (71 FR 76927). The April 20, 2006, amendments revised the general requirements as they relate to startup, shutdown, and malfunctions. The December 22, 2006, amendments allowed the coating of heavier vehicle bodies, metal body parts for heavier vehicles, and other metal parts for heavier vehicles



## ADOPTED RULES December 21, 2007 32 TexReg 9705to comply with the Automobiles and Light-Duty Trucks NESHAP in lieu of complying with the Miscellaneous Metal Part NESHAP. Section 113.970--Surface Coating of Large Appliances (40 CFR 63, Subpart NNNN)
The commission adopts § 113.970 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartNNNN, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart NNNN, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.980--Printing, Coating, and Dyeing of Fabrics and Other Textiles (40 CFR 63, Subpart OOOO)
The commission adopts § 113.980 by incorporating by reference, without change, all amendments to 40 CFR Part 63, SubpartOOOO, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart OOOO, on August 4, 2004 (69 FR 47001), April 20, 2006 (71 FR 20446), and May 24, 2006 (71 FR 29792). The August 4,2004, amendments revised the standards to clarify the applicability of the Fabric NESHAP to coating, slashing, dyeing, or  nishing operations at synthetic  ber manufacturing facilities where the  bers are the  nal product of the facility. The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. The May 24, 2006, amendments revised what is subject to the subpart to include any web coating lines. Section 113.990--Surface Coating of Plastic Parts and Products (40 CFR 63, Subpart PPPP)
The commission adopts § 113.990 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart PPPP, made by the EPA since this section was last amended.During this time frame, the EPA amended 40 CFR Part 63, Subpart PPPP, on April 20, 2006 (71 FR 20446), December 22, 2006 (71 FR 76827), and April 24, 2007 (72 FR 20227). The April 20,2006, amendments revised the general requirements as they relate to startup, shutdown, and malfunctions. The December 22, 2006, amendments allow the coating of heavier plastic vehicle bodies, plastic body parts for heavier vehicles, and other plastic parts for heavier vehicles to comply with the Automobiles and Light-Duty Trucks NESHAP in lieu of the Plastic Parts NESHAP. The April 24, 2007, amendments revised the applicability to not allow screen printing. Section 113.1000--Surface Coating of Wood Building Products (40 CFR 63, Subpart QQQQ)
The commission adopts § 113.1000 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart QQQQ, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart QQQQ, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1010--Surface Coating of Metal Furniture (40 CFR 63, Subpart RRRR)
The commission adopts § 113.1010 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart RRRR, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart RRRR, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general provisions as they relate to startup, shutdown, and malfunction plans. Section 113.1030--Leather Finishing Operations (40 CFR 63, Subpart TTTT)
The commission adopts § 113.1030 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart TTTT, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart TTTT, on February 7, 2005 (70 FR 6355). The February 7, 2005, amendments clari ed the frequency for categorizing leather product process types, modi ed the de nition of specialty leather, added a de nition for vacuum mulling, and added an alternative procedure for determining the actual monthly solvent loss from an affected source. Section 113.1040--Cellulose Products Manufacturing (40 CFR 63, Subpart UUUU)
The commission adopts § 113.1040 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart UUUU, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, Subpart UUUU, on June 24, 2005 (70 FR 36523), August 10, 2005 (70 FR 46684) and April 20, 2006 (71 FR 20446). The June 24, 2005, amendments corrected the date in the de nition of a process change that was included in the  nal rule. The August 10, 2005, amendments revised the work practice standards, general and initial compliance requirements, de nitions, and general provisions applicability, as well as correct typographical, formatting, and cross-referencing errors.The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1060--Reinforced Plastic Composites Production (40 CFR 63, Subpart WWWW)
The commission adopts § 113.1060 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart WWWW, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart WWWW, on August 25, 2005 (70 FR 50118) and April 20,2006 (71 FR 20446). The August 25, 2005, amendments revised compliance options for open molding, corrected errors, and added clari cation to sections of the rule. The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions.Section 113.1070--Rubber Tire Manufacturing (40 CFR 63, Subpart XXXX)
The commission adopts § 113.1070 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart XXXX, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart XXXX, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general requirements as they relate to startup, shutdown, and malfunctions. Section 113.1080--Stationary Combustion Turbines (40 CFR 63, Subpart YYYY)
The commission adopts § 113.1080 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart YYYY, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart YYYY, on April 20, 2006 (71 FR 20446). The



## 32 T exReg 9706 December 21, 2007 Texas RegisterApril 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions.Section 113.1090--Stationary Reciprocating Internal Combustion Engines (40 CFR 63, Subpart ZZZZ)
The commission adopts § 113.1090 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart ZZZZ, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart ZZZZ, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions.Section 113.1100--Lime Manufacturing Plants (40 CFR 63, Subpart AAAAA)
The commission adopts § 113.1100 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart AAAAA, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart AAAAA, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1110--Semiconductor Manufacturing (40 CFR 63, Subpart BBBBB)
The commission adopts § 113.1110 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart BBBBB, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart BBBBB, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general provisions as they relate to startup, shutdown, and malfunction plans.Section 113.1120--Coke Ovens: Pushing, Quenching, and Battery Stacks (40 CFR 63, Subpart CCCCC)
The commission adopts § 113.1120 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart CCCCC, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart CCCCC, on October 13, 2004 (69 FR 60813), August 2, 2005 (70 FR 44285), and April 20, 2006 (71 FR20446). The October 13, 2004, amendments revised the parametric operating limits and associated compliance provisions for capture systems used to control emissions from pushing. The October 13, 2004, amendments also amended the requirements for mobile scrubber cars that capture emissions which occur during pushing and travel. The operating limit was amended to state that the requirement applies to capture systems that use an electric motor to drive the fan. These amendments also added requirements for demonstrating initial and continuous compliance with the new operating limit for daily average staticpressure or fan revolutions per minute. The provision to complete all repairs within 30 days after the defect or deciency is found was replaced.
The August 2, 2005, amendments required a plant owner or operator to complete repairs within 30 days after the date that the defect or de ciency is discovered. In addition, the August 2, 2005, amendments clari ed some sampling procedures. The April 20, 2006, amendments revised the general and compliancerequirements as they relate to startup, shutdown, and malfunctions. Section 113.1140--Iron and Steel Foundries (40 CFR 63, Subpart EEEEE)
The commission adopts § 113.1140 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart EEEEE, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart EEEEE, on May 20, 2005 (70 FR 29400) and April 20, 2006 (71 FR 20446). The May 20, 2005, amendments clari ed that the scrap requirements apply to each type of scrap material receivedor each scrap storage area, pile, or bin as long as the scrap material subject to certication requirements remains segregated from scrap material subject to selection/inspection plans. The April 20, 2006, amendments revised the general and compliancerequirements as they relate to startup, shutdown, and malfunctions.Section 113.1150--Integrated Iron and Steel Manufacturing Facilities (40 CFR 63, Subpart FFFFF)
The commission adopts § 113.1150 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart FFFFF, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart FFFFF, on April 20, 2006 (71 FR 20446) and July 13, 2006 (71 FR 39579). The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. The July 13, 2006, amendments added a new compliance option, revised emission limitations, reduced the frequency of repeat performance tests for certain emission units, added corrective action requirements, and clari-  ed monitoring, recordkeeping, and reporting requirements. Section 113.1160--Site Remediation (40 CFR 63, Subpart GGGGG)
The commission adopts § 113.1160 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart GGGGG, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart GGGGG, on April 20, 2006 (71 FR 20446) and November 29, 2006 (71 FR 69011). The April 20, 2006, amendmentsrevised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. The November 29,2006, amendments revised the major source determination requirements used for determining the applicability for certain facilities involved with oil and natural gas production. These amendments clari ed how the 1 megagram applicability exemption is to be applied at a facility, and clari ed the intent for applicationof the 30-day site remediation exemption, including those situations when the remediation material is transferred off-site. The November 29, 2006, amendments also revised the applicable regulatory language referring to the point at which the facility owner or operator determines the average volatile organic HAP concentration of a remediation material and added a compliance option. Section 113.1170--Miscellaneous Coating Manufacturing (40 CFR 63, Subpart HHHHH)
The commission adopts § 113.1170 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart HHHHH, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart HHHHH, on May 13, 2005 (70 FR 25666), December 21, 2005 (70 FR 75924), April 20, 2006 (71 FR 20446), and October 4, 2006 (71 FR 58499). The May 13, 2005, amendments were as follows: added a reference to an existing general standard as a



## ADOPTED RULES December 21, 2007 32 TexReg 9707compliance alternative for large wastewater containers; applied the same planned routine maintenance provisions for storage tanks to wastewater tanks; allowed monitoring of the condenser product side temperature in lieu of the exit gas temperature; and allowed monitoring of caustic strength of the scrubber efuent as an alternative to measuring pH.
The December 21, 2005, amendments speci ed that certain raw material formulation data as supplied to coating manufacturers may be used to demonstrate compliance with the weight percent HAP limit. The April 20, 2006, amendments revised the general provisions as they relate to startup, shutdown, and malfunction plans. The October 4, 2006, amendments clari ed that coating manufacturing means the production of coatings using operations such as mixing and blending, not reaction or separation processes used in chemical manufacturing. These amendments extended the compliance date for certain coating manufacturing equipment that is also part of a chemical manufacturing process unit. In addition, the October 4, 2006, amendments clari ed that operations by end users that modify a purchased coating prior to application at the purchasing facility are exempt.Section 113.1180--Mercury Emissions from Mercury Cell ChlorAlkali Plants (40 CFR 63, Subpart IIIII)
The commission adopts § 113.1180 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart IIIII, made by the EPA since this section was adopted. During this time frame, the EPA amended 40 CFR Part 63, SubpartIIIII, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions.Section 113.1190--Brick and Structural Clay Products Manufacturing (40 CFR 63, Subpart JJJJJ)
The commission adopts § 113.1190 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart JJJJJ, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart JJJJJ, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1200--Clay Ceramics Manufacturing (40 CFR 63, Subpart KKKKK)
The commission adopts § 113.1200 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart KKKKK, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart KKKKK, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1210--Asphalt Processing and Asphalt Roong Manufacturing (40 CFR 63, Subpart LLLLL)
The commission adopts § 113.1210 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart LLLLL, made by the EPA since this section was last amended. During this time frame, the EPA amended 40 CFR Part 63, Subpart LLLLL, on May 17, 2005 (70 FR 28360) and April 20, 2006 (71 FR 20446). The May 17, 2005, amendments included correction of errors in de nitions and equations and added language to one other provision so that the rule language conforms to the preamble discussion to the  nal rule. The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions.Section 113.1220--Flexible Polyurethane Foam Fabrication Operations (40 CFR 63, Subpart MMMMM)
The commission adopts § 113.1220 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart MMMMM, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart MMMMM, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1230--Hydrochloric Acid Production (40 CFR 63, Subpart NNNNN)
The commission adopts § 113.1230 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart NNNNN, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart NNNNN, on April 7, 2006 (71 FR 17738) and April 20, 2006 (71 FR 20446). The April 7, 2006, amendments completed the following: updated applicability provisions; revised de nitions;and updated emission standards, storage tank maintenance, notication and reporting requirements, and monitoring and leakdetection and repair plans. The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions.Section 113.1250--Engine Test Cells/Stands (40 CFR 63, Subpart PPPPP)
The commission adopts § 113.1250 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart PPPPP, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart PPPPP, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1260--Friction Materials Manufacturing Facilities (40 CFR 63, Subpart QQQQQ)
The commission adopts § 113.1260 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart QQQQQ, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart QQQQQ, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1270--Taconite Iron Ore Processing (40 CFR 63, Subpart RRRRR)
The commission adopts § 113.1270 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart RRRRR, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart RRRRR, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1280--Refractory Products Manufacturing (40 CFR 63, Subpart SSSSS)
The commission adopts § 113.1280 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart SSSSS, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Sub

## 32 T exReg 9708 December 21, 2007 Texas Registerpart SSSSS, on April 20, 2006 (71 FR 20446). The April 20,2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions. Section 113.1290--Primary Magnesium Rening (40 CFR 63, Subpart TTTTT)
The commission adopts § 113.1290 by incorporating by reference, without change, all amendments to 40 CFR Part 63, Subpart TTTTT, made by the EPA since this section was adopted.During this time frame, the EPA amended 40 CFR Part 63, Subpart TTTTT, on April 20, 2006 (71 FR 20446). The April 20, 2006, amendments revised the general and compliance requirements as they relate to startup, shutdown, and malfunctions.Section 113.1390--Polyvinyl Chloride and Copolymers Production Area Sources (40 CFR 63, Subpart DDDDDD)
The commission adopts new § 113.1390 by incorporating by reference, without change, the  nal promulgated rules in 40 CFR Part 63, Subpart DDDDDD, adopted by the EPA on January 23, 2007 (72 FR 2930). This MACT standard regulates HAP emissions for polyvinyl chloride and copolymers production area sources. The HAP emitted from these facilities is vinyl chloride. Section 113.1400--Primary Copper Smelting Area Sources (40 CFR 63, Subpart EEEEEE)
The commission adopts new § 113.1400 by incorporating by reference, without change, the  nal promulgated rules in 40 CFR Part 63, Subpart EEEEEE, adopted by the EPA on January 23,2007 (72 FR 2930). This MACT standard regulates HAP emissions for primary copper smelting area sources. HAPs emitted from these facilities include: arsenic, cadmium, chromium, lead, and nickel. Section 113.1410--Secondary Copper Smelting Area Sources (40 CFR 63, Subpart FFFFFF)
The commission adopts new § 113.1410 by incorporating by reference, without change, the  nal promulgated rules in 40 CFR Part 63, Subpart FFFFFF, adopted by the EPA on January 23,2007 (72 FR 2930). This MACT standard regulates HAP emissions for secondary copper smelting area sources. HAPs emitted from these facilities include: cadmium, lead, and dioxin. Section 113.1420--Primary Nonferrous Metals Area Sources - Zinc, Cadmium, and Beryllium (40 CFR 63, Subpart GGGGGG)
The commission adopts new § 113.1420 by incorporating by reference, without change, the  nal promulgated rules in 40 CFR Part 63, Subpart GGGGGG, adopted by the EPA on January 23,2007 (72 FR 2930). This MACT standard regulates HAP emissions for primary nonferrous metals area sources that produce zinc, cadmium or beryllium. HAPs emitted from these facilities include: arsenic, cadmium, lead, manganese, and nickel.
In addition, non-substantive, administrative revisions were made to Chapter 113.

FINAL REGULATORY IMPACT ASSESSMENT DETERMINATION
The commission reviewed the rulemaking in light of the regulatory impact analysis (RIA) requirements of Texas Government Code, §2001.0225, and determined that the rulemaking does not meet the de nition of a major environmental rule as de ned in that statute, and in addition, if it did meet the de nition, would not be subject to the requirement to prepare a regulatory impact analysis. A major environmental rule means a rule, the specic intent of which is to protect the environment or reduce risks to humanhealth from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The speci c intentof these rules is to adopt NESHAPs for source categories mandated by 42 USC, §7412 and required to be included in operating permits by 42 USC, §7661a. These NESHAPs are technology based standards commonly referred to as MACT standards which the EPA develops to regulate emissions of hazardous airpollutants as required under the FCAA. Certain sources of hazardous air pollutants will be affected and are required to comply with federal standards whether or not the commission adopts the standards or takes delegation from the EPA. As discussed in the FISCAL NOTE portion of the proposal preamble, these rules are not anticipated to add any signi cant additional coststo affected individuals or businesses beyond what is already required to comply with federal MACT standards, and will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state.Additionally, the rulemaking does not meet any of the four applicability criteria for requiring a regulatory impact analysis for a major environmental rule, which are listed in Texas Government Code, §2001.0225(a). Texas Government Code, §2001.0225, applies only to a major environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specically required by state law; 2) exceed an express requirement of state law, unless the rule is specically required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representativeof the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the agency instead of under a speci c state law.
Under 42 USC, §7661a, states are required to have federal operating permit programs that provide authority to issue permits and assure compliance with each applicable standard, regulation orrequirement under the FCAA, including NESHAPs, which are required under 42 USC, §7412. Similar to requirements in 42 USC, §7410, regarding the requirement to adopt and implement plans to attain and maintain the National Ambient Air Quality Standards (NAAQS), states are not free to ignore requirements in 42 USC, §7661a, and must develop and submit programs to provide for operating permits for major sources that include all applicable requirements of the FCAA.
The requirement to provide a scal analysis of regulations in the Texas Government Code was amended by Senate Bill (SB) 633 during the 75th legislative session. The intent of SB 633 was to require agencies to conduct a regulatory impact analysis of extraordinary rules. These are identi ed in the statutory language as major environmental rules that will have a material adverse impact and will exceed a requirement of state law, federallaw, or a delegated federal program, or are adopted solely under the general powers of the agency. With the understandingthat this requirement would seldom apply, the commission provided a cost estimate for SB 633 that concluded "based on an assessment of rules adopted by the agency in the past, it is not anticipated that the bill will have signi cant  scal implications for the agency due to its limited application." The commission also noted that the number of rules that would require assessment under the provisions of the bill was not large. This conclusionwas based, in part, on the criteria set forth in the bill that ex

## ADOPTED RULES December 21, 2007 32 TexReg 9709empted rules from the full analysis unless the rule was a major environmental rule that exceeds a federal law. Because of the ongoing need to meet federal requirements, the commission routinely proposes and adopts rules incorporating or designed to satisfy speci c federal requirements. The legislature is presumed to understand this federal scheme. If each rule proposed, and adopted by the commission in order to meet afederal requirement was considered to be a major environmental rule that exceeds federal law, then each of those rules would require the full RIA contemplated by SB 633. This conclusion is inconsistent with the conclusions reached by the commission in its cost estimate and by the Legislative Budget Board (LBB) in its scal notes. Since the legislature is presumed to understand the scal impacts of the bills it passes, and that presumption is based on information provided by state agencies and the LBB, the commission believes that the intent of SB 633 was only to require the full RIA for rules that are extraordinary in nature. While the adopted rules may have a broad impact, that impact isno greater than is necessary or appropriate to meet the requirements of the FCAA, and in fact creates no additional impacts since the adopted rules do not modify the federal NESHAP, but are incorporations by reference, which do not change the federal requirements.
For these reasons, the adopted rules fall under the exception in Texas Government Code, §2001.0225(a), because they are required by, and do not exceed, federal law.
The commission has consistently applied this construction to its rules since this statute was enacted in 1997. Since that time, the legislature has revised the Texas Government Code, but left this provision substantially un-amended. It is presumed that"when an agency interpretation is in effect at the time the legislature amends the laws without making substantial change in the statute, the legislature is deemed to have accepted the agency’s interpretation." ( Central Power & Light Co. v. Sharp, 919 S.W.2d 485, 489 (Tex. App. Austin 1995), writ denied with per curiam opinion respecting another issue, 960 S.W.2d 617 (Tex. 1997); Bullock v. Marathon Oil Co. , 798 S.W.2d 353, 357 (Tex. App. Austin 1990, no writ ). Cf. Humble Oil & Rening Co. v. Calvert

, 414 S.W.2d 172 (Tex. 1967); Dudney v. State Farm Mut. Auto Ins. Co. , 9 S.W.3d 884, 893 (Tex. App. Austin 2000); Southwestern Life Ins. Co. v. Montemayor , 24 S.W.3d 581 (Tex. App. Austin 2000, pet. denied ); and Coastal Indust. Water Auth. v. Trinity Portland Cement Div. , 563 S.W.2d 916 (Tex. 1978).)

The commission ’s interpretation of the RIA requirements is also supported by a change made to the Texas Administrative Procedure Act (APA) by the legislature in 1999. In an attemptto limit the number of rule challenges based upon APA requirements, the legislature clari ed that state agencies are requiredto meet these sections of the APA against the standard of "substantial compliance" (Texas Government Code, §2001.035). The legislature speci cally identi ed Texas Government Code, §2001.0225 as falling under this standard. As discussed in this analysis and elsewhere in this preamble, the commission has substantially complied with the requirements of §2001.0225. The adopted rules implement requirements of the FCAA. The MACT standards being incorporated into state law are federal technology-based standards that are required by 42 USC §7412, required to be included in permits under 42 USC §7661a, are adopted by reference without modi cation or substitution, and will not exceed any standard set by state or federal law. These rules are not an express requirement of state law. The adopted rules do not exceed a requirement of a delegation agreement or a contract between state and federal government, as the EPA willdelegate the MACTs to Texas in accord with the delegation procedures codi ed in 40 CFR Part 63, if this rulemaking is adopted. The amendments were not developed solely under the general powers of the agency, but are authorized by speci c sections of Texas Health and Safety Code, Chapter 382 (also known as the Texas Clean Air Act), and the Texas Water Code, which are cited in the STATUTORY AUTHORITY section of this preamble, including Texas Health and Safety Code, §§382.011, 382.012, and 382.017. Therefore, this adoption rulemaking action is not subject to the regulatory analysis provisions of Texas Government Code, §2001.0225(b). The commission invited public comment regarding the draft regulatory impact analysis determination during the public comment period, but no comments were received concerning the regulatory impact analysis determination

TAKINGS IMPACT ASSESSMENT
Under Texas Government Code, §2007.002(5), taking means a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or § 17 or § 19, Article I, Texas Constitution; or a governmental action that affects an owner ’s private real property that is the subject of the governmental action, in whole, or in part, or temporarily or permanently, in a manner that restricts or limits the owner’s right to the property that would otherwise exist in the absence of the governmental action; and is the producing cause of a reduction of at least 25% in the marketvalue of the affected private real property, determined by comparing the market value of the property as if the governmentalaction is not in effect and the market value of the property determined as if the governmental action is in effect. The commission completed a takings impact analysis for this rulemaking action under the Texas Government Code, §2007.043. The primary purpose of this rulemaking action, as discussed elsewhere in this preamble, is to adopt NESHAPs for source categories mandated by 42 USC, §7412 and required to be included in operating permits by 42 USC, §7661a and facilitate implementation and enforcement of the NESHAPs by the state. The adopted rules will not create any additional burden on private real property. Under federal law, the affected industries will be required to comply with the NESHAPs regardless of whether the commission or the EPA is the agency responsible for implementation of the NESHAPs. The adopted rules will not affect private real property in a manner that would require compensation to private real property owners under the United States Constitution or the Texas Constitution. The adoption also will not affect private real property in a manner that restricts or limits an owner’s right to the property that would otherwise exist in the absence of the governmental action. Therefore, the adoption rulemaking will not cause a taking under Texas Government Code, Chapter 2007.

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the adoption rulemaking and found that the adoption is subject to the Texas Coastal Management Program (CMP) in accordance with the Coastal Coordination Act, Texas Natural Resources Code, §§33.201 et seq., and therefore must be consistent with all applicable CMP goalsand policies. The commission conducted a consistency de

## 32 T exReg 9710 December 21, 2007 Texas Registertermination for the adopted rules in accordance with Coastal Coordination Act Implementation Rules, 31 TAC §505.22, and found the adoption rulemaking is consistent with the applicable CMP goals and policies.CMP goals applicable to the adopted rules are to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas. The CMPpolicy applicable to the adopted rules is Emission of Air Pollutants. These rules are consistent because they only incorporateby reference the federal MACT standards that pertain to certain industries and processes. The MACT standards provide the highest level of control of air emissions that is achievable takinginto consideration cost and any non-air quality health and environmental impacts and energy requirements. Promulgation and enforcement of these rules will not violate or exceed any standards identied in the applicable CMP goals and policies because the adopted rules are consistent with these CMP goals and policies and because these rules do not create or have a direct or signi cant adverse effect on any coastal natural resource areas.
The commission invited public comment regarding the consistency of this rulemaking with the CMP during the public comment period, but no comments on the CMP were received.

EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMITS PROGRAM Chapter 113 is an applicable requirement under 30 TAC Chapter 122, Federal Operating Permits Program. Owners or operatorssubject to the Federal Operating Permits Program must, consistent with the revision process in Chapter 122, upon the effective date of the adopted rulemaking, revise their operating permits to include the new Chapter 113 requirements.

PUBLIC COMMENT
A public hearing on the proposal was held in Austin, Texas on September 18, 2007 at the TCEQ Central Of ce. No comments were received at the public hearing. The commission received no written comments during the public comment period, which closed on September 24, 2007.

STATUTORY AUTHORITY
The amended and new sections are adopted under Texas Water Code, §5.103, concerning Rules, and §5.105, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the Texas Water Code; and under Texas Health and Safety Code, §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purpose of the Texas Clean Air Act. The new and amended sections are also adopted under Texas Health and Safety Code, §382.002, concerning Policy and Purpose, which establishes the commission ’s purpose to safeguard the state ’s air resources, consistent with the protection of public health, general welfare, and physical property; §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality of the state ’s air; §382.012, concerning the State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state’s air; §382.016, concerningMonitoring Requirements; Examination of Records, which authorizes the commission to prescribe reasonable requirements for measuring and monitoring the emissions of air contaminants; and §382.051, concerning Permitting Authority of the Commission; Rules, which authorizes the commission to adopt rules as necessary to comply with changes in federal law or regulations applicable to permits issued under the Texas Clean Air Act.
The new and amended sections implement Texas Health and Safety Code, §§382.002, 382.011, 382.012, 382.016, 382.017, and 382.051.

§113.870. Plywood and Composite Wood Products (40 Code of Federal Regulations Part 63, Subpart DDDD).
The Plywood and Composite Wood Products Maximum Achievable Control Technology standard as specied in 40 Code of Federal Regulations Part 63, Subpart DDDD, is incorporated by reference as adopted July 30, 2004 (69 FR 45944) and amended February 16, 2006 (71 FR 8342), April 20, 2006 (71 FR 20446), and October 29, 2007 (72 FR 61060). This agency hereby certi es that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Of ce of the Secretary of State on December 7,

2007.

TRD-200706172
Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: December 27, 2007 Proposal publication date: August 24, 2007 For further information, please call: (512) 239-0177



## CHAPTER 114. CONTROL OF AIR
POLLUTION FROM MOTOR VEHICLES
The Texas Commission on Environmental Quality (TCEQ or commission) adopts the amendments to §§ 114.7, 114.62, 114.64, 114.66, and 114.70 with changes to the proposed text as published in the August 24, 2007, issue of the Texas Register (32 TexReg 5315).

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES
The commission adopts these revisions in order to implement requirements of Senate Bill (SB) 12, authored by the HonorableSenator Averitt, passed during the 80th Legislature, 2007. During the 77th Legislature, 2001, the legislature adopted provisions under House Bill (HB) 2134 to assist low income individuals with repairs, retrots, or retirement of vehicles that fail emissions inspections. As required by HB 2134, the commission adopted rules providing the minimum guidelines for counties to implement a low income vehicle repair assistance, retrot, and accelerated vehicle retirement program (LIRAP). On March 27, 2002, the commission adopted requirements implementing HB 2134, 77th Legislature, 2001. Only those counties that have implemented a vehicle inspection and maintenance (I/M) program are eligible for participation in the LIRAP. Under the program, monetary assistance is provided for emission-related repairs directly related to bringing the vehicle into compliance or for replacement assistance for the owner of a vehicle that has failed the required emissions test. Vehicle eligibility criteria, such as the vehicle having been registered for the past two years in the participating county, were developed and adopted by the commission. Emission-related repairs



## ADOPTED RULES December 21, 2007 32 TexReg 9711