### Bryan W. Shaw, Ph.D., 

### Chairman

Carlos Rubinstein, 

### Commissioner

Toby Baker, Commissioner



### Zak Covar, 

### Executive Director 

# 13 SEP**-t~** 

# PM 6: 03

TEXAS COMMISSION ON ENVIRONMENTAL QUALTIY

Protecting Texas by Reducing and Preventing Pollution



## August 28, 2013

Ron Curry

Regional Administrator

U.S. Environmental Protection Agency

- Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733 Docket No. 2012-2076-RUL

Rule Project No. 2013-004-113-AI

91 7108 2133 3935 1971 0496

Re : Request for Formal Delegation of Maximum Achievable Control Technology and

Generally Available Control Technology Standards under Title 40 Code of Federal

Regulations Part 63, Subpart E

Dear Mr. Curry:

On July 26, 2013, the.Texas Commission on Environmental Quality (Commission or TCEQ)

adopted amendments to, new sections and the repeal of certain sections in 30 Texas

Administrative Code (TAC) Chapter 113, 

## Standards of Performance for Hazardous Air

Pollutants and for Designated Facilities and Pollutants, Subchapter C, National Emissions

Standards for Hazardous Air Pollutants for Source Categories.

The amendments and new sections incorporate updates to existing maximum achievable

control technology (MACT) and generally available control technology (GACT) standards

made by the U.S. Environmental Protection Agency (EPA), as well as the incorporation of 28

new MACT and GACT standards recently promulgated by the EPA, under its authority

granted by section 112 

## of the Federal Clean Air Act 

## (FCM). The commission adopted these

incorporations by reference to ensure that these standards are consistently applied and

enforced in the state of Texas.

The commission requests EPA approval of the delegation of authority to implement and

enforce the promulgated new and revised MACT and GACT standards, as identified in the

revisions to 30 

## TAC Chapter 113, 

## Subchapter C. As 

## provided in FCAA,. § 1120), 

## and 40 Code

of Federal Regulations (CFR) Part 63, Subpart E, the commission affirms that the up-front

P.O. Dox 13087 • Austin, Texas 78711-3087 •**512-~9-1000** 

### • tceq.texaa.gov



### How is our customer service? tceq.texas.govjcustomersurvey

## approval criteria previously approved by EPA are still met. The EPA previously approved the

commission's up-front approval demonstration as part of the EPA's interim (61 Fed. Reg.

32693, June 25, 1996) and final full approval of the TCEQ's Title V operating permits

program (66 Fed. Reg. 63318, December 6, 2001). The commission also requests that the

EPA act on the MACT delegation request submitted by TCEQ on January 16, 2008, which

contains some rule changes which are not covered by the 2013 rulemaking included with this

request.

Enclosed are the proposed revisions to 30 TAC Chapter 113, Subchapter C, and the

accompanying commission order. I look forward to your expeditious approval of this

delegation request.

Sincerely,

# ~~~ Chairman

BWS/MCW



## Enclosures

## cc: The Honorable Rick Perry, Governor of Texas

Ms. Kelly Kennedy, Office of Budget, Planning and Policy, Office of the Governor

Mr. Zak 

## Covar, Executive Director, Texas Commission on Environmental Quality

# AUG·"" 

# z· ZUll**~,J'&F{J1~~~:l}~~~t1;:':** 

# ::' ···;, •.':';! 

## m:



## ORDER ADOPTING NEW, AMENDED, AND REPEAliEbRULES

, , --

Docket No. 2012-2076-RUL



## Rule Project No. 2013-004-113-AI \.

... .. , 

### .,



## On July 26, 2013, 

## the Texas Commission on Environmental Quality (Commission),

during a public meeting, considered adoption of amendments to §§ 113.100, 113.120, 113.130,

113.180, 113.190, 113.230, 113.240, 113.260, 113.290, 113.300, 113.340, 113.390, 113-400,

113-410, 113-420, 113.560, 113.6oo, 113.610, 113.620, 113.640, 113.650, 113.670, 113.690,

113.770, 113·790, 113.880, 113.890, 113.1040, 113.1090, 113.1110, 113.1140, 113.1160, 113.1170,

113.1390, 113.1400, 

## and 113.1410; 

## the repeal of§§ 113.150, 113.1190, 

## and 113.1200; 

## and new§§

113.1130, 113.1300, 113.1320, 113.1340, 113.1350, 113.1370, 113.1380, 113.1425, 113.1435,

113.1445, 113.1450, 113.1455, 113.1460, 113.1465, 113.1470, 113.1475, 113.1480, 113.1485,

113.1495, 113.1500, 113.1505, 113.1510, 113.1515, 113.1520, 113.1525, 113.1530, 113.1535, 

## and

113.1555·



## The Commission adopts these amendments, repeals and new sections in Chapter 113,



## Standards of Performance for Hazardous Air Pollutants and for Designated Facilities and

Pollutants. These amendments and new sections incorporate by reference changes that the

United States Environmental Protection Agency has made to the National Emission

Standards for Hazardous Air Pollutants (NESHAP) under 40 

## Code of Federal Regulations

Part 63. 

## The repeals are necessary to remove NESHAP requirements that were vacated by the

Federal courts.

Under Tex. Health & 

## Safety Code Ann.§§ 382.011, 382.012, 

## and 382.023 

## (Vernon

2011), 

## the Commission has the authority to control the quality of the state's air and to issue

orders consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 

## of

the Tex. Health & 

## Safety Code. The proposed rules were published for comment in the March

15, 2013 

## issue ofthe 

## Texas Register (38 

## TexReg 1801).



## Pursuant to Tex. Health & 

## Safety Code Ann.§ 382.017 

## (Vernon 2001), 

## Tex. Gov't Code

Chapter 2001 

## (Vernon 2008) 

## and after proper notice, the Commission conducted a public

hearing to consider the new, amended and repealed rules. Proper notice included prominent

advertisement in the areas affected at least 30 

## days prior to the date of the hearing. A public

hearing was offered, but was not opened, since no one was present to provide comment.,,' ,,,,.,,,,((jlj

,. \',•_'\ ) 'Ill,,

• I '. • • (**~ ~**  ' ' ' + l fl

. If'

1 

# !_fh-e:,e9ftrrniS:S:iol) circulated hearing notices of its intended action to the public,

## ir:ch:~Bi,ri~)li~¢~-~~~t~·,,~er;sm;s, the

## Regio~al**Adi?in~strator** of th.e EPA,

## a~d all applicable local

mr**ppl~li).LWP··~O!t~VJ?l :ag~ncies.**  

## The pubhc was mVIted to submit data, VIews, and

# re~9.ri)~~~~Cl~~iq~,JI9:~·t~e proposed new, amended. and repealed rules, either

# orall~ or in

. wntmg!' atthe"he,am:igcbr durmg the comment penod. Pnor to the scheduled hearmg, copies

• • (,., ' • ' f , '' j**~** ( \ 1,- 

## ofthe**prifJ?,QEle:~rrr~,w';"amended** 

## and repealed rules were available for public inspection at the**·Commission's·c~ntral** 

## office and on the Commission's Web site.

No comments were received regarding the new, amended and repealed rules.

IT IS THEREFORE ORDERED 

## BY THE COMMISSION that the new, amended and

repealed rules incorporated by reference to this Order are hereby adopted. The Commission

further authorizes staff to 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.

IT IS FURTHER ORDERED 

## BY THE COMMISSION that on behalf of the

Commission, the Chairman should transmit a copy of this Order, together with the adopted

rules, to the Regional Administrator of EPA to request delegation of authority to implement

and enforce the NESHAP pursuant to the Federal Clean Air Act, codified at 42 U.S. Code Ann.

§§ 7401-7671q, as amended.

This Order constitutes the Order of the Commission required by the Administrative

Procedure Act, Tex. Gov't Code,§ 2001.033 (Vernon 2008).

If 

## any portion of this Order is for any reason held to be invalid by a court of competent

jurisdiction, the invalidity of any portion shall not affect the validity of the remaining

portions.

Issued date: 

# AUG 

# 0 1 2013

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

## ♦ ♦ ♦ (2) repair, adjustment, calibration, lubrication, and clean

ing of oil and gas site process equipment;

(3) replacement of piping components, pneumatic con

trollers, boiler refractories, wet and dry seals, meters, instruments,

analyzers, screens, and filters;

(4) turbine or engine hot section swaps;

(5) piping used to bypass a facility during maintenance;

(6) planned MSS activities with the same character and

quantity of emissions as those listed in paragraphs (1) - (5) of this

subsection;

(7) pigging and purging of piping;

(8) blowdowns;

(9) emptying, purging, degassing, or refilling of tanks and

vessels (except as excluded in subparagraph (E) of this paragraph), and

any associated temporary emission capture and control facilities if the

following requirements are met:

(A) all contents from process equipment or storage ves

sels must be removed to the maximum extent practicable prior to open

ing equipment to commence degassing and maintenance. Liquid and

solid removal must be directed to covered containment, recycled or disposed of properly. If it is necessary to drain liquid into an open pan

or sump, the liquid must be covered or transferred to a covered vessel

within one hour of being drained;

(B) facilities must be degassed using best management

practices to ensure air contaminants are removed from the system to the

extent allowed by process equipment or storage vessel design. Emis

sions must be directed out the top of floating roof tanks;

(C) tanks and vessels degassed by forced ventilation are

limited to degassing a single tank or vessel at a time;

(D) in lieu of the requirements in subparagraphs (A) and

(B), or (C) of this paragraph, facilities may route emissions through a

closed system to a control device; and

(E) emptying tanks for convenience purposes is not au

thorized; and

(10) facilities used for abrasive blasting, surface prepara

tion, and surface coating on equipment and structures used at the site

in oil and gas handling or production.

(c) Best Management Practices.

(1) All facilities with the potential to emit air contaminants

must be maintained in good working order and operated properly.

(2) Each permit holder shall establish, implement, and up

date, as appropriate, a program to maintain and repair facilities as re

quired by paragraph (1) of this subsection. The minimum requirements

of this program must include:

(A) a maintenance program developed by the permit

holder for all equipment that is consistent with good air pollution control practices, or alternatively, manufacturer's specifications and recommended programs applicable to equipment performance and the effect on emissions;

(B) cleaning and routine inspection of all equipment;

(C) repair of equipment on timeframes that minimize

equipment failures and maintain performance;

(D) training of personnel who implement the maintenance program; and (E) records of conducted planned MSS activities.

(d) Recordkeeping. Records to demonstrate compliance with

this section must be kept in accordance with §106.8(c) of this title (relating to Recordkeeping).

This agency hereby certifies that the proposal has been reviewed

by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 1, 2013.

TRD-201300936

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: April 14, 2013

For further information, please call: (512) 239-2141



## 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)

The Texas Commission on Environmental Quality (TCEQ,

agency, or commission) proposes amendments to §§113.100,

113.120, 113.130, 113.180, 113.190, 113.230, 113.240, 113.260,

113.290, 113.300, 113.340, 113.390, 113.400, 113.410, 113.420,

113.560, 113.600, 113.610, 113.620, 113.640, 113.650, 113.670,

113.690, 113.770, 113.790, 113.880, 113.890, 113.1040,

113.1090, 113.1110, 113.1140, 113.1160, 113.1170, 113.1390,

113.1400, and 113.1410; the repeal of §§113.150, 113.1190,

and 113.1200; and new §§113.1130, 113.1300, 113.1320,

113.1340, 113.1350, 113.1370, 113.1380, 113.1425, 113.1435,

113.1445, 113.1450, 113.1455, 113.1460, 113.1465, 113.1470,

113.1475, 113.1480, 113.1485, 113.1495, 113.1500, 113.1505,

113.1510, 113.1515, 113.1520, 113.1525, 113.1530, 113.1535,

and 113.1555.

Background and Summary of the Factual Basis for the Proposed

Rules

The proposal would revise Chapter 113, Standards of Perfor

mance for Hazardous Air Pollutants and for Designated Facil

ities and Pollutants, to incorporate by reference changes that

the United States Environmental Protection Agency (EPA) has

made to the National Emission Standards for Hazardous Air Pol

lutants (NESHAP) for Source Categories, under 40 Code of Fed

eral Regulations (CFR) Part 63. The EPA's changes to 40 CFR

Part 63 include amendments to a number of existing NESHAPs

and the promulgation of a number of new NESHAPs. In addi

tion, three NESHAPs have been vacated by court actions since

the last time Chapter 113 was revised.

The proposed amendments to Chapter 113 would incorporate by

reference amendments and additions that the EPA made to the

NESHAP under 40 CFR Part 63 as published through December

21, 2012. These standards are required by the Federal Clean



## PROPOSED RULES March 15, 2013 38 TexReg 1801Air Act (FCAA) Amendments of 1990, §112, which requires the

EPA to develop national technology-based standards for new

and existing sources of hazardous air pollutants (HAPs) listed

in FCAA, §112. These technology-based standards are com

monly called maximum achievable control technology (MACT)

and generally available control technology (GACT) standards.

The MACT standards are generally 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 envi

ronmental impacts and energy requirements. The GACT stan

dards reflect a less stringent level of control (relative to MACT)

and are intended to be applied to non-major sources of HAPs,

known as area sources. The EPA has the option to apply either

MACT or GACT to area sources, at their discretion.

The proposed new sections would incorporate 25 recently-pro

mulgated MACT and GACT standards for a variety of area

source categories by reference. The proposed new sections

would also incorporate three new MACT standards covering

certain major source categories by reference.

The commission also proposes to repeal three existing sections

of Chapter 113, as those sections reference MACT standards

that have been vacated by court decisions and are no longer in

effect. The sections proposed for repeal are §113.150, Polyvinyl

Chloride and Copolymers Production (40 CFR 63, Subpart J);

§113.1190, Brick and Structural Clay Products Manufacturing

(40 Code of Federal Regulations Part 63, Subpart JJJJJ); and

§113.1200, Clay Ceramics Manufacturing (40 Code of Federal

Regulations Part 63, Subpart KKKKK).

Under federal law, affected industries are required to implement

the MACT and GACT standards regardless of whether the com

mission or the EPA is the agency responsible for implementation.

As MACT and GACT standards are promulgated or amended by

the EPA, they are reviewed by commission staff for compatibility

with current commission regulations and policies. The commis

sion then incorporates them, as appropriate, into Chapter 113

through the formal rulemaking procedures. Unless otherwise

noted, all incorporations by reference proposed in this rulemak

ing are without change (meaning that the standards are incorpo

rated as published, with no modifications to the text of the regu

lation being incorporated). After each MACT or GACT standard

or amendment is adopted, the commission will seek formal dele

gation from the EPA under 40 CFR Part 63, Subpart E, Approval

of State Programs and Delegation of Federal Authorities, which

implements FCAA, §112(l). Upon delegation, the commission

will be responsible for administering and enforcing the MACT or

GACT requirements.

The commission proposes to incorporate the following amend

ments that the EPA has made to the 40 CFR Part 63, General

Provisions, and the federal MACT and GACT standards previ

ously incorporated into the commission rules, by updating the

federal promulgation dates and Federal Register (FR) citations

stated in the commission rules, as discussed more specifically

in the Section by Section Discussion in this preamble. The 36

amended standards, along with their corresponding Chapter 113

sections and original incorporation dates, are listed in the follow

ing table (Figure 1).

Figure 1: 30 TAC Chapter 113--Preamble

The commission proposes to incorporate by reference without

change 28 recently-promulgated federal MACT and GACT stan

dards not currently included in Chapter 113, as summarized in

the following table (Figure 2). Figure 2: 30 TAC Chapter 113--Preamble

Certain major source and area source regulations recently pro

mulgated by the EPA are undergoing reconsideration, which may

result in additional changes to those standards. These regu

lations include the EPA's recent standards for Industrial, Com

mercial, and Institutional Boilers (both major and area sources);

Coal- and Oil-fired Electric Utility Steam Generating Units; and

Portland Cement Manufacturing. The EPA signed reconsidera

tion amendments to the Boiler and Portland Cement standards

on December 20, 2012, but those amendments have not yet

been published in the FR at the time this preamble was drafted.

The commission has provided information regarding these re

consideration actions in the Section by Section Discussion of

this preamble. The commission requests comments regarding

the incorporation by reference of all final reconsideration actions

by the EPA, whether or not noted in this notice, to facilitate state

delegation and implementation of the final NESHAP.

This rulemaking does not include the EPA's recently-promul

gated standard for Gold Mine Ore Processing and Production

Area Sources (40 CFR 63 Subpart EEEEEEE) as, based on

an informal review of agency records, it appears that Texas

does not currently have a significant gold ore processing in

dustry. However, the commission solicits comment on whether

there are any facilities in Texas, which would be subject to the

NESHAP for Gold Mine Ore Processing and Production Area

Sources. If no facilities subject to this standard are identified,

TCEQ will prepare and submit a negative declaration for this

source category.

For implementation and enforcement of the area source stan

dards, the commission generally intends to follow the approach

outlined in the EPA's Area Source Rule Implementation Guid

ance dated June 4, 2010. This EPA guidance prioritizes the area

source standards based on environmental impact and the poten

tial for emission reductions. Group 1 standards have the highest

potential for emission reductions and environmental impact, with

Groups 2 and 3 having a lower potential for emission reductions

and environmental impact. The EPA's guidance explains that for

Group 1 standards, the EPA recommends an approach using di

rect compliance monitoring and enforcement. For the Group 2

and Group 3 standards, the EPA recommends the use of compli

ance assistance and outreach programs as the primary means

of implementation and enforcement.

Section by Section Discussion

§113.100, General Provisions (40 Code of Federal Regulations

Part 63, Subpart A)

The commission proposes to amend §113.100 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart A

since this section was last amended. During this period, the EPA

amended Subpart A on May 6, 2008 (73 FR 24870), December

22, 2008 (73 FR 78199), September 13, 2010 (75 FR 55636),

November 12, 2010 (75 FR 69348), and August 11, 2011 (76 FR

49669). The EPA also made numerous amendments to 40 CFR

§63.14 of Subpart A, which are addressed in a separate para

graph of this Section by Section Discussion. The May 6, 2008,

amendments to Subpart A revised 40 CFR §63.13(a), Addresses

of State air pollution control agencies and EPA Regional Offices,

to update the mailing address used to submit reports and corre

spondence to EPA Region VIII. The December 22, 2008, amend

ments revised 40 CFR §63.11, Control device and work practice

requirements, to allow an alternative work practice using optical

gas imaging technology as a method to meet leak detection and



## 38 TexReg 1802 March 15, 2013 Texas Registerrepair requirements. The September 13, 2010, amendments re

vised the General Provisions to allow accredited providers to

supply stationary source audit samples and to require sources

to obtain and use these samples from the accredited providers

instead of from the EPA, and relocated all requirements pertain

ing to audit samples from the test methods themselves into the

General Provisions. The November 12, 2010, amendments re

vised 40 CFR §63.13(a) to update the mailing address used to

submit reports and correspondence to EPA Region IX. The Au

gust 11, 2011, amendments revised 40 CFR §63.13(a) to update

the mailing address used to submit reports and correspondence

to EPA Region I. Although the changes to EPA Regional mail

ing addresses described in this paragraph do not affect states in

EPA Region VI such as Texas, it is administratively more efficient

to include these amendments than to specifically exclude them.

The amendments to 40 CFR Part 63, Subpart A proposed to be

incorporated by reference in this action also include all revisions

to 40 CFR §63.14, Incorporations by reference, adopted by the

EPA on or before September 11, 2012. During this period, 40

CFR §63.14 was amended by the EPA numerous times to up

date test methods and reference documents as needed to sup

port the standards in 40 CFR Part 63. The individual changes

to 40 CFR §63.14 can be found by consulting the List of CFR

Sections Affected, published by the Office of the FR, National

Archives and Records Administration. A table (Figure 3) show

ing the FR publication dates and page numbers associated with

the amendments to 40 CFR §63.14 follows.

Figure 3: 30 TAC Chapter 113--Preamble

All of these revisions to 40 CFR §63.14 are proposed to be in

corporated by reference as part of the proposed revisions to

§113.100. The most recent revision date to 40 CFR §63.14 was September 11, 2012, which is the date cited in §113.100 for the

proposed incorporation of Subpart A.

The commission also proposes to replace the term "his/her" as

used in §113.100 with more general terminology consistent with

current rule writing practices.

§113.120, Synthetic Organic Chemical Manufacturing Industry

for Process Vents, Storage Vessels, Transfer Operations, and

Wastewater (40 Code of Federal Regulations Part 63, Subpart

G)

The commission proposes to amend §113.120 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart G

since this section was last amended. During this period, the EPA

amended Subpart G on December 22, 2008 (73 FR 78199). The

December 22, 2008, amendments added references to Subpart

G to allow an alternative work practice using optical gas imag

ing technology as a method to meet leak detection and repair

requirements.

§113.130, Organic Hazardous Air Pollutants for Equipment

Leaks (40 Code of Federal Regulations Part 63, Subpart H)

The commission proposes to amend §113.130 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart H

since this section was last amended. During this period, the EPA

amended Subpart H on December 22, 2008 (73 FR 78199). The

December 22, 2008, amendments added references to Subpart

H to allow an alternative work practice using optical gas imag

ing technology as a method to meet leak detection and repair

requirements.

§113.150, Polyvinyl Chloride and Copolymers Production (40

CFR 63, Subpart J) The commission proposes to repeal §113.150, as the corre

sponding MACT standard was vacated by the decision of the

United States Court of Appeals for the District of Columbia

Circuit in Mossville Env. Action Now v. EPA, 370 F. 3d 1232,

on June 18, 2004, and is no longer in effect. The EPA has

promulgated revised standards for polyvinyl chloride (PVC)

production in response to the vacatur of Subpart J, and the

commission is also proposing to adopt the revised standards as

part of this proposed rulemaking, in new §113.1555, Polyvinyl

Chloride and Copolymers Production Major Sources (40 Code

of Federal Regulations Part 63, Subpart HHHHHHH), in addition

to proposing to adopt revised standards for PVC production at

area sources in §113.1390, Polyvinyl Chloride and Copolymers

Production Area Sources (40 Code of Federal Regulations

Part 63, Subpart DDDDDD). These revised standards for PVC

production are further addressed in the Section by Section

Discussion for §113.1390 and new §113.1555.

§113.180, Perchloroethylene Dry Cleaning Facilities (40 Code of

Federal Regulations Part 63, Subpart M)

The commission proposes to amend §113.180 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart M

since this section was last amended. During this period, the EPA

amended Subpart M on July 11, 2008 (73 FR 39871). The July

11, 2008, amendments corrected erroneous cross references,

corrected typographical errors in the rule text, and clarified mon

itoring requirements.

§113.190, Chromium Emissions from Hard and Decorative

Chromium Electroplating and Chromium Anodizing Tanks (40

Code of Federal Regulations Part 63, Subpart N)

The commission proposes to amend §113.190 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

N since this section was last amended. During this period, the

EPA amended Subpart N on September 19, 2012 (77 FR 58220).

The September 19, 2012, amendments finalized the EPA's resid

ual risk and technology review for this source category. The

amendments included revisions to the emissions limits for total

chromium; the addition of housekeeping requirements to mini

mize fugitive emissions; and a requirement to phase-out the use

of perfluorooctane sulfonic acid based fume suppressants. In

addition, the amendments revised testing, monitoring, recordkeeping, and reporting requirements; revised regulatory provi

sions related to emissions during periods of startup, shutdown,

and malfunction (SSM); and added provisions to provide for an

affirmative defense against civil penalties.

§113.230, Gasoline Distribution Facilities (40 Code of Federal

Regulations Part 63, Subpart R)

The commission proposes to amend §113.230 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart R

since this section was last amended. During this period, the EPA

amended Subpart R on December 22, 2008 (73 FR 78199). The

December 22, 2008, amendments added references to Subpart

R to allow an alternative work practice using optical gas imag

ing technology as a method to meet leak detection and repair

requirements.

§113.240, Pulp and Paper Industry (40 Code of Federal Regu

lations Part 63, Subpart S)

The commission proposes to amend §113.240 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

S since this section was last amended. During this period, the

EPA amended Subpart S on September 11, 2012 (77 FR 55698).



## PROPOSED RULES March 15, 2013 38 TexReg 1803The September 11, 2012, amendments finalized the EPA's resid

ual risk and technology review for this source category. The

amendments included a requirement for five-year repeat emis

sions testing for selected process equipment; revisions to pro

visions addressing periods of SSM; a requirement for electronic

reporting of performance test results; additional test methods for

measuring methanol emissions; and other technical and edito

rial changes.

§113.260, Group I Polymers and Resins (40 Code of Federal

Regulations Part 63, Subpart U)

The commission proposes to amend §113.260 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

U since this section was last amended. During this period, the

EPA amended Subpart U on December 22, 2008 (73 FR 78199)

and April 21, 2011 (76 FR 22566). The December 22, 2008,

amendments added references to Subpart U to allow an alter

native work practice using optical gas imaging technology as a

method to meet leak detection and repair requirements. The

April 21, 2011, amendments finalized the EPA's residual risk and

technology review for this source category (which consists of fa

cilities producing butyl rubber, epichlorohydrin elastomers, ethy

lene propylene rubber, HypalonTM, neoprene, nitrile butadiene

rubber, polybutadiene rubber, polysulfide rubber, and styrene

butadiene rubber and latex). The April 21, 2011, amendments

also included revisions related to emissions during periods of

SSM; revisions addressing electronic submission of emission

test results; and provisions to provide for an affirmative defense

against civil penalties.

§113.290, Secondary Lead Smelting (40 Code of Federal Reg

ulations Part 63, Subpart X)

The commission proposes to amend §113.290 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart X

since this section was last amended. During this period, the EPA

amended Subpart X on January 5, 2012 (77 FR 556). The Jan

uary 5, 2012, amendments finalized the EPA's residual risk and

technology review for this source category. These amendments

included revisions to the emissions limits for lead compounds;

revisions to the standards for fugitive emissions; the addition of

total hydrocarbon and dioxin and furan emissions limits for re

verberatory and electric furnaces; the addition of a work practice

standard for mercury emissions; the modification and addition

of testing and monitoring, recordkeeping, and reporting require

ments and related notifications; revisions to provisions related

to emissions during periods of SSM; and minor corrections for

editorial purposes and plain language corrections.

§113.300, Marine Tank Vessel Loading Operations (40 Code of

Federal Regulations Part 63, Subpart Y)

The commission proposes to amend §113.300 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart Y

since this section was last amended. During this period, the EPA

amended Subpart Y on April 21, 2011 (76 FR 22566). The April

21, 2011, amendments finalized the EPA's residual risk and tech

nology review for this source category. The amendments added

standards for two subcategories of marine vessel loading facili

ties for which the current MACT standards did not include emis

sion standards. For these source categories, the EPA added a requirement for the facilities to perform submerged filling. The

amendments also eliminated the exemption for SSM emissions,

and revised the SSM-associated monitoring, recordkeeping, and

reporting requirements to require reporting and recordkeeping

for periods of malfunction. The amendments also added pro

visions for an affirmative defense against civil penalties for ex

ceedances of emission standards caused by malfunctions, as

well as criteria for establishing the affirmative defense. Addition

ally, the amendments required the electronic submittal of per

formance test data to increase the ease and efficiency of data

submittal and to improve data accessibility. In addition, the com

mission proposes to update the name of this source category

and this section to Marine Tank Vessel Loading Operations.

§113.340, Petroleum Refineries (40 Code of Federal Regula

tions Part 63, Subpart CC)

The commission proposes to amend §113.340 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart CC

since this section was last amended. During this period, the EPA

amended Subpart CC on October 28, 2009 (74 FR 55670) and

June 30, 2010 (75 FR 37730). The October 28, 2009, amend

ments added leak detection requirements for heat exchange sys

tems in organic HAP service. In addition, the October 28, 2009,

amendments deleted methyl ethyl ketone from the list of HAPs

in Tables 1 and 7 because this compound has been delisted as a

HAP. The June 30, 2010, amendments made corrections for ty

pographical errors and inadvertent errors to section references,

and made additional clarifying amendments to Subpart CC.

§113.390, Oil and Natural Gas Production Facilities (40 Code of

Federal Regulations Part 63, Subpart HH)

The commission proposes to amend §113.390 by incorporating

by reference, without change, all amendments to 40 CFR Part

63, Subpart HH, made by the EPA since this section was last

amended. During this period, the EPA amended Subpart HH

on December 22, 2008 (73 FR 78199) and August 16, 2012

(77 FR 49490). The December 22, 2008, amendments added

references to Subpart HH to allow an alternative work practice

using optical gas imaging technology as a method to meet

leak detection and repair requirements. The August 16, 2012,

amendments finalized the residual risk and technology review

for this source category, and included new emission limits

reflecting MACT for certain previously uncontrolled emission

sources in this source category (such as small glycol dehy

drators). The August 16, 2012, amendments also revised

leak detection and repair requirements; testing and monitoring

requirements; and notification, recordkeeping and reporting

requirements. In addition, the August 16, 2012, amendments

eliminated the exemption for SSM emissions, and added pro

visions for an affirmative defense for exceedances of emission

standards caused by malfunctions.

The August 16, 2012, final rule is being challenged by multi

ple petitioners through reconsideration requests to EPA and pe

titions for review in the District of Columbia Court of Appeals;

however, it remains effective and applicable to affected sources.

The commission solicits comment on whether to incorporate the

currently effective Subpart HH, or to postpone incorporation of

Subpart HH until after any reconsideration actions or court ac

tions are resolved.

§113.400, Shipbuilding and Ship Repair (Surface Coating) (40

Code of Federal Regulations Part 63, Subpart II)

The commission proposes to amend §113.400 to reflect the

EPA's withdrawal of the December 29, 2006, direct final

amendments (71 FR 78369), and to incorporate by reference

amendments promulgated by the EPA on November 21, 2011

(76 FR 72050). The December 29, 2006, direct final amend

ments were included in the last revision to §113.400. However,

the EPA withdrew the December 29, 2006, direct final amend



## 38 TexReg 1804 March 15, 2013 Texas Registerments on February 27, 2007 (72 FR 8630) due to adverse

comments and the amendments are no longer in effect. The

November 21, 2011, amendments finalized the EPA's residual

risk and technology review for this source category, and also

revised the requirements relating to emissions during periods

of SSM to eliminate the malfunction exemption. In addition, the

November 21, 2011, amendments provided for an affirmative

defense against potential violations of emission standards

caused by malfunctions.

§113.410, Wood Furniture Manufacturing Operations (40 Code

of Federal Regulations Part 63, Subpart JJ)

The commission proposes to amend §113.410 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

JJ since this section was last amended. During this period, the

EPA amended Subpart JJ on November 21, 2011 (76 FR 72050).

These amendments finalized the EPA's residual risk and technol

ogy review for this source category, added two alternate compli

ance options for emissions of formaldehyde, and finalized a pro

hibition on the use of conventional spray guns. The November

21, 2011, amendments also included clarifying language to bet

ter identify the types of operations subject to Subpart JJ. These

amendments also eliminated the SSM malfunction exemption,

provided for other revisions related to emissions during SSM,

provided for an affirmative defense against potential violations

of emission standards caused by malfunctions, and added re

quirements for electronic reporting of performance test results.

§113.420, Printing and Publishing (40 Code of Federal Regula

tions Part 63, Subpart KK)

The commission proposes to amend §113.420 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart KK

since this section was last amended. During this period, the

EPA amended Subpart KK on April 21, 2011 (76 FR 22566).

The April 21, 2011, amendments finalized the EPA's residual

risk and technology review conducted for this source category.

The amendments also eliminated the SSM exemption, provided

for other revisions related to emissions during SSM, and pro

vided for an affirmative defense for exceedances of emission

standards caused by malfunctions. The amendments also ad

dressed electronic submission of performance test results.

§113.560, Generic Maximum Achievable Control Technology

Standards (40 Code of Federal Regulations Part 63, Subpart

YY)

The commission proposes to amend §113.560 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart YY

since this section was last amended. During this period, the EPA

published a CFR correction to Subpart YY, on June 29, 2007 (72

FR 35663). A CFR correction is a correction of a minor error

in the CFR which is not subject to public comment. The June

29, 2007, CFR correction added a definition of organic HAP to

40 CFR §63.1103, Source Category-Specific Applicability, Defi

nitions, and Requirements.

§113.600, Steel Pickling - HCl Process Facilities and Hydrochlo

ric Acid Regeneration Plants (40 Code of Federal Regulations

Part 63, Subpart CCC)

The commission proposes to amend §113.600 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart CCC

since this section was last amended. During this period, the

EPA amended Subpart CCC on September 19, 2012 (77 FR

58220). The September 19, 2012, amendments finalized the

EPA's residual risk and technology review for this source cate

gory. The amendments deleted an alternative compliance option

provided in the original rule because it allowed a source to es

tablish a source specific limit, which could be less stringent than

MACT. The September 19, 2012, amendments also eliminated

the SSM exemption, provided for other revisions related to emis

sions during SSM, and provided for an affirmative defense for

exceedances of emission standards caused by malfunctions. In

addition, the amendments addressed electronic submission of

performance test results.

§113.610, Mineral Wool Production (40 Code of Federal Regu

lations Part 63, Subpart DDD)

The commission proposes to amend §113.610 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

DDD since this section was last amended. During this period,

the EPA amended Subpart DDD on December 1, 2011 (76 FR

74708). The December 1, 2011, amendments reinstated 40 CFR

§63.1196, What definitions should I be aware of?.

§113.620, Hazardous Waste Combustors (40 Code of Federal

Regulations Part 63, Subpart EEE)

The commission proposes to amend §113.620 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart EEE

since this section was last amended. During this period, the EPA

amended Subpart EEE on April 8, 2008 (73 FR 18970) and Oc

tober 28, 2008 (73 FR 64068). The April 8, 2008, amendments

clarified several compliance and monitoring provisions and also

corrected several omissions and typographical errors in 40 CFR

Part 63, Subpart EEE. The October 28, 2008, amendments ad

dressed eight issues raised in petitions for reconsideration. The

October 28, 2008, amendments also addressed comments re

lating to a post-promulgation decision of the United States Court

of Appeals for the District of Columbia Circuit, in Sierra Club v.

EPA

, 479 F. 3d 875, (the Brick MACT litigation). The October

28, 2008, amendments also revised the new source standard

for particulate matter (PM) for cement kilns and for incinerators

that burn hazardous waste, amended the PM matter detection

system provisions, revised the health-based compliance alter

native for total chlorine, and made several corrections and clari

fications.

§113.640, Pharmaceuticals Production (40 Code of Federal

Regulations Part 63, Subpart GGG)

The commission proposes to amend §113.640 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart GGG

since this section was last amended. During this period, the EPA

amended Subpart GGG on December 22, 2008 (73 FR 78199)

and April 21, 2011 (76 FR 22566). The December 22, 2008,

amendments added references to Subpart GGG to allow an al

ternative work practice using optical gas imaging technology as

a method to meet leak detection and repair requirements. The

April 21, 2011, amendments finalized the EPA's residual risk and

technology review for this source category, and corrected an ed

itorial error. The April 21, 2011, amendments also eliminated

the SSM exemption, provided for other revisions related to emis

sions during SSM, and provided for an affirmative defense for ex

ceedances of emission standards caused by malfunctions. The

April 21, 2011, amendments also addressed electronic submis

sion of performance test results.

§113.650, Natural Gas Transmission and Storage Facilities (40

Code of Federal Regulations Part 63, Subpart HHH)

The commission proposes to amend §113.650 by incorporating

by reference, without change, all amendments to 40 CFR Part



## PROPOSED RULES March 15, 2013 38 TexReg 180563, Subpart HHH, made by the EPA since this section was last

amended. During this period, the EPA amended Subpart HHH

on December 22, 2008 (73 FR 78199) and August 16, 2012

(77 FR 49490). The December 22, 2008, amendments added

references to Subpart HHH to allow an alternative work prac

tice using optical gas imaging technology as a method to meet

leak detection and repair requirements. The August 16, 2012,

amendments finalized the residual risk and technology review

for this source category, and included new emission limits reflect

ing MACT for certain previously uncontrolled emission sources

in this source category (such as small glycol dehydrators). The

August 16, 2012, amendments also revised testing and monitor

ing requirements and notification, recordkeeping, and reporting

requirements. The August 16, 2012, amendments also elimi

nated the exemption for SSM emissions, provided for other revi

sions related to emissions during SSM, and added provisions for

an affirmative defense for exceedances of emission standards

caused by malfunctions.

Multiple petitioners are challenging the August 16, 2012, final

rule through reconsideration requests to EPA and petitions for

review in the District of Columbia Court of Appeals. The August

16, 2012, final rule remains effective and applicable to affected

sources. The commission solicits comment on whether to in

corporate the currently effective Subpart HHH, or to postpone

incorporation of Subpart HHH until after any reconsideration ac

tions or court actions are resolved.

§113.670, Group IV Polymers and Resins (40 Code of Federal

Regulations Part 63, Subpart JJJ)

The commission proposes to amend §113.670 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart JJJ

since this section was last amended. During this period, the EPA

amended Subpart JJJ on December 22, 2008 (73 FR 78199).

The December 22, 2008, amendments added references to Sub

part JJJ to allow an alternative work practice using optical gas imaging technology as a method to meet leak detection and re

pair requirements.

§113.690, Portland Cement Manufacturing Industry (40 Code of

Federal Regulations Part 63, Subpart LLL)

The commission proposes to amend §113.690 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart LLL

since this section was last amended. During this period, the EPA

amended Subpart LLL on September 9, 2010 (75 FR 54970)

and January 18, 2011 (76 FR 2832). The September 9, 2010,

amendments added or revised emission limits for mercury, to

tal hydrocarbons, and PM from new and existing kilns located

at major and area sources, and for hydrochloric acid (HCl) from

new and existing kilns located at major sources. The Septem

ber 9, 2010, amendments also eliminated the SSM exemption

and provided for an affirmative defense for exceedances of emis

sion standards caused by malfunctions. The January 18, 2011,

amendments revised regulatory language to clarify compliance

dates and clarify that the previously issued emission limits that

were changed in the September 9, 2010, action remain in effect

until sources are required to comply with the revised limits.

The EPA published a limited reconsideration of the September

9, 2010, rule on July 18, 2012 (77 FR 42368). The EPA signed

a final rule reconsidering the Portland Cement Manufacturing

MACT on December 20, 2012, but this final rule has not yet been

published in the FR as of the date this preamble was drafted.

The rule signed by the EPA on December 20, 2012, retained the

stack emission standards for mercury, HCl, and total hydrocar

bons (THC) under the NESHAP, amended the stack emission

standard for PM under the NESHAP, and made a conforming

amendment to the New Source Performance Standard for PM.

The amendments also included provisions to account for com

mingled HAP emissions from coal mills that are an integral part of

the kiln, established a continuous monitoring regime for paramet

ric monitoring of PM, set work practice standards for startup and

shutdown, and revised the compliance date for the PM, mercury,

HCl, THC, and clinker storage pile existing source standards.

The EPA retained the affirmative defense for civil penalties for

violations of emission limits occurring as a result of a malfunc

tion.

The commission solicits comment on whether the currently-ef

fective (January 18, 2011) rule should be incorporated by refer

ence as proposed, or if the commission should incorporate the

amended rules signed by the EPA on December 20, 2012. At the

time this preamble was drafted, the FR citation (date, volume,

and page number) associated with the amendments signed by

the EPA on December 20, 2012, is not available, so it is not pos

sible to draft specific rule language incorporating the December

20, 2012, version of the rule at this time. However, it is the com

mission's intention to incorporate the rules signed on December

20, 2012, once those rules have been formally published in the

FR, unless adverse comments on such an action are received.

§113.770, Primary Lead Processing (40 Code of Federal Regu

lations Part 63, Subpart TTT)

The commission proposes to amend §113.770 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart TTT

since this section was last amended. During this period, the EPA

amended Subpart TTT on November 15, 2011 (76 FR 70834).

The November 15, 2011, amendments finalized the EPA's resid

ual risk and technology review for this source category, and re

vised the title and applicability provisions of this source cate

gory. The amendments also revised the stack emission limits

for lead, revised work practice standards to minimize fugitive

dust emissions, and revised testing, monitoring, and related noti

fication, recordkeeping, and reporting requirements. In addition,

the November 15, 2011, amendments eliminated the SSM ex

emption, provided for other revisions related to emissions during

SSM, and provided for an affirmative defense for exceedances

of emission standards caused by malfunctions.

§113.790, Publicly Owned Treatment Works (40 Code of Federal

Regulations Part 63, Subpart VVV)

The commission proposes to amend §113.790 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart VVV

since this section was last amended. During this period, the EPA

amended Subpart VVV on December 22, 2008 (73 FR 78199).

The December 22, 2008, amendments added references to Sub

part VVV to allow an alternative work practice using optical gas imaging technology as a method to meet leak detection and re

pair requirements.

§113.880, Organic Liquids Distribution (Non-Gasoline) (40 Code

of Federal Regulations Part 63, Subpart EEEE)

The commission proposes to amend §113.880 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart EEEE

since this section was last amended. During this period, the EPA

published amendments to Subpart EEEE on April 23, 2008 (73

FR 21825), July 17, 2008 (73 FR 40977), and December 22,

2008 (73 FR 78199). The April 23, 2008, amendments clari

fied combustion control device compliance requirements, stor

age tank control compliance dates, and vapor balance system



## 38 TexReg 1806 March 15, 2013 Texas Registermonitoring requirements. In addition, the April 23, 2008, amend

ments corrected various typographical errors in 40 CFR Part 63,

Subpart EEEE. However, the EPA received adverse comments

on some portions of the April 23, 2008, direct final amendments,

and subsequently withdrew those portions of the amendments.

The adverse comments related to the storage tank compliance

date and the monitoring of storage tank pressure relief devices.

The July 17, 2008, amendments responded to the adverse com

ments and implemented the April 23, 2008, direct final amend

ments that had been withdrawn. The July 17, 2008, amend

ments also corrected typographical errors that the EPA identified

in other sections of the rule text that were not addressed in the

April 23, 2008, notices. The December 22, 2008, amendments

added references to Subpart EEEE to allow an alternative work

practice using optical gas imaging technology as a method to

meet leak detection and repair requirements.

§113.890, Miscellaneous Organic Chemical Manufacturing (40

Code of Federal Regulations Part 63, Subpart FFFF)

The commission proposes to amend §113.890 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart FFFF

since this section was last amended. During this period, the EPA

amended Subpart FFFF on December 22, 2008 (73 FR 78199).

The December 22, 2008, amendments added references to Sub

part FFFF to allow an alternative work practice using optical gas imaging technology as a method to meet leak detection and re

pair requirements.

§113.1040, Cellulose Products Manufacturing (40 Code of Fed

eral Regulations Part 63, Subpart UUUU)

The commission proposes to amend §113.1040 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

UUUU since this section was last amended. During this period,

the EPA amended Subpart UUUU on December 22, 2008 (73

FR 78199). The December 22, 2008, amendments added ref

erences to Subpart UUUU to allow an alternative work practice

using optical gas imaging technology as a method to meet leak

detection and repair requirements.

§113.1090, Reciprocating Internal Combustion Engines (40

Code of Federal Regulations Part 63, Subpart ZZZZ)

The commission proposes to amend §113.1090 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart ZZZZ

since this section was last amended. During this period, the

EPA amended Subpart ZZZZ on January 18, 2008 (73 FR 3568),

March 3, 2010 (75 FR 9648), June 30, 2010 (75 FR 37732), Au

gust 20, 2010 (75 FR 51570), and March 9, 2011 (76 FR 12863).

The January 18, 2008, amendments to Subpart ZZZZ estab

lished national emission standards for new and reconstructed

stationary reciprocating internal combustion engines (RICE) that

are: 1) located at area sources of HAP emissions; or 2) have a

site rating of less than or equal to 500 brake horsepower and are

located at major sources of HAP emissions. The March 3, 2010,

amendments established national emissions standards for exist

ing stationary compression ignition RICE that are: 1) located at

area sources of HAP emissions; or that 2) have a site rating of

less than or equal to 500 brake horsepower and are located at

major sources of HAP emissions. In addition, the March 3, 2010,

amendments promulgated NESHAP for existing non-emergency stationary compression ignition engines greater than 500 brake

horsepower located at major sources of HAP emissions. The

March 3, 2010, amendments also revised provisions related to

SSM for engines. The June 30, 2010, amendments restored

two paragraphs that were inadvertently removed from Subpart ZZZZ during the promulgation of the March 3, 2010, amend

ments. The August 20, 2010, amendments promulgated NE

SHAP for existing stationary spark ignition RICE that are located

at area sources of HAP emissions or that have a site rating of

less than or equal to 500 brake horsepower and are located at

major sources of HAP emissions. The March 9, 2011, amend

ments revised regulatory text to clarify compliance requirements

related to continuous parameter monitoring systems, and cor

rected minor typographical errors in the regulatory text of the

August 20, 2010, action. The commission also proposes to re

move the word "stationary" from the title of this section, as the

EPA no longer uses that term in the title of this NESHAP.

§113.1110, Semiconductor Manufacturing (40 Code of Federal

Regulations Part 63, Subpart BBBBB)

The commission proposes to amend §113.1110 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart BBBBB

since this section was last amended. During this period, the

EPA amended Subpart BBBBB on July 22, 2008 (73 FR 42529).

The July 22, 2008, amendments established a new MACT floor

level of control for existing and new combined HAP process vent

streams, and clarified the applicability of this NESHAP by adding

definitions for organic, inorganic, and combined HAP process

vent streams.

§113.1130, Industrial, Commercial, and Institutional Boilers and

Process Heaters Major Sources (40 Code of Federal Regula

tions Part 63, Subpart DDDDD)

The commission proposes new §113.1130 by incorporating

by reference the final promulgated rules in 40 CFR Part 63,

Subpart DDDDD, adopted by the EPA on September 13, 2004

(69 FR 55218), with amendments published on December 28,

2005 (70 FR 76918), April 20, 2006 (71 FR 20446), December

6, 2006 (71 FR 70651), and March 21, 2011 (76 FR 15608).

This MACT standard regulates HAP emissions from boilers and

process heaters located at major sources of HAP. HAPs emitted

from these facilities include hydrogen chloride, formaldehyde,

polycyclic organic matter, acetaldehyde, benzene, and metal

compounds such as arsenic, beryllium, cadmium, chromium,

cobalt, lead, manganese, mercury, nickel, and selenium. The

December 28, 2005, amendments clarified the process for

demonstrating eligibility for the health-based compliance alter

natives contained in the rule. The April 20, 2006, amendments

revised the general and compliance requirements as they

related to SSM. The December 6, 2006, amendments clarified

the procedures for implementing the emissions averaging pro

vision and for conducting compliance testing when boilers are

vented to a common stack. In addition, the December 6, 2006,

amendments clarified certain definitions.

The District of Columbia Court of Appeals, in Natural Resources

Defense Council v. EPA, 489 F.3d 1250, June 8, 2007, vacated

and remanded the provisions of the Boiler MACT, 40 CFR Part

63, Subpart DDDDD, published September 13, 2004 (69 FR

55218). This is because the court had also vacated the Com

mercial and Industrial Solid Waste Incineration (CISWI) Defini

tions Rule, September 22, 2005 (70 FR 55568). The vacatur of

the CISWI definitions rule resulted in a need for the Boiler MACT

to also be revised because the applicability of the Boiler MACT

would be affected once the EPA revised the CISWI definitions

rule to be consistent with the opinion of the court. In response

to the vacatur of the Boiler MACT, the EPA adopted revisions to

the Boiler MACT on March 21, 2011 (76 FR 15608). However,

on March 21, 2011, the EPA also issued a notice that it intended

to reconsider the final rule (76 FR 15266) and a notice delaying



## PROPOSED RULES March 15, 2013 38 TexReg 1807the effective date of the final Boiler MACT rules (76 FR 28662),

until such time as judicial review was completed, or the EPA fi

nalized reconsideration of the rules, whichever was earlier. This

notice of delay was challenged, and was vacated by the District

of Columbia Court of Appeals in Sierra Club v. Jackson, 833 F.

Supp.2d 11, January 9, 2012. The March 21, 2011, revisions

to the Boiler MACT are also being challenged by multiple peti

tioners, and have been consolidated into one proceeding, U.S.

Sugar Corp. v. EPA, No. 11-1108, in the District of Columbia

Court of Appeals.

The EPA proposed reconsideration amendments to Subpart

DDDDD on December 23, 2011 (76 FR 80598). The EPA

signed a final rule reconsidering the Boiler major source MACT

on December 20, 2012, but this final rule has not yet been

published in the FR as of the date this preamble was drafted.

The rule signed by the EPA on December 20, 2012, included

numerous changes. The EPA's review of existing and new data

resulted in changes to emission limits for various pollutants.

Overall, for both new and existing affected units, about 30% of

the emission limits are more stringent, half are less stringent,

and 20% unchanged as compared to the March 2011 final rule.

The EPA also established an alternative emission standard

for carbon monoxide (CO), based on continuous emission

monitoring system (CEMS) data for several subcategories. The

amendments also added periodic tune-up work practices to

address dioxin and furan emissions. In addition, the EPA up

dated the compliance dates for new and existing sources. The

amendments revised the list of exemptions to include residential

boilers that may be located at an industrial, commercial, or

institutional major source. The exemption for boilers or process

heaters used specifically for research and development was

revised to include boilers used for certain testing purposes.

The amendments clarified that the exemption for boilers and

process heaters used for research and development includes

boilers used for testing the propulsion systems on military

vessels. The amendments also revised work practice standards

for periods of startup and shutdown to better reflect MACT

during those periods. In addition, the amendments added

definitions of startup and shutdown and revised the definition

of the limited use subcategory. The amendments additionally

made numerous technical corrections to the final rule to clarify

definitions, references, applicability and compliance issues

raised by petitioners and other stakeholders.

The commission solicits comment on whether the currently-ef

fective (March 21, 2011) rule should be incorporated by refer

ence as proposed, or if the commission should incorporate the

amended rules signed by the EPA on December 20, 2012. At the

time this preamble was drafted, the FR citation (date, volume,

and page number) associated with the amendments signed by

the EPA on December 20, 2012, is not available, so it is not pos

sible to draft specific rule language incorporating the December

20, 2012, version of the rule at this time. However, it is the com

mission's intention to incorporate the rules signed on December

20, 2012, once those rules have been formally published in the

FR, unless adverse comments on such an action are received.

§113.1140, Iron and Steel Foundries (40 Code of Federal Regu

lations Part 63, Subpart EEEEE)

The commission proposes to amend §113.1140 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart EEEEE

since this section was last amended. During this period, the

EPA amended Subpart EEEEE, on February 7, 2008 (73 FR

7210). The February 7, 2008, amendments added alternative compliance options for cupolas at existing foundries and clarified

several provisions to increase operational flexibility and improve

readability of the rule requirements.

§113.1160, Site Remediation (40 Code of Federal Regulations

Part 63, Subpart GGGGG)

The commission proposes to amend §113.1160 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

GGGGG since this section was last amended. During this pe

riod, the EPA amended Subpart GGGGG on December 22, 2008

(73 FR 78199). The December 22, 2008, amendments revised

Subpart GGGGG to allow an alternative work practice using op

tical gas imaging technology as a method to meet leak detection

and repair requirements.

§113.1170, Miscellaneous Coating Manufacturing (40 Code of

Federal Regulations Part 63, Subpart HHHHH)

The commission proposes to amend §113.1170 by incorporating

by reference all amendments to 40 CFR Part 63, Subpart HH

HHH since this section was last amended. During this period,

the EPA amended Subpart HHHHH on December 22, 2008 (73

FR 78199). The December 22, 2008, amendments revised Sub

part HHHHH to allow an alternative work practice using optical

gas imaging technology as a method to meet leak detection and

repair requirements.

§113.1190, Brick and Structural Clay Products Manufacturing

(40 Code of Federal Regulations Part 63, Subpart JJJJJ)

The commission proposes to repeal §113.1190, as this MACT

standard was vacated by the decision of the United States Court

of Appeals for the District of Columbia Circuit in Sierra Club v.

EPA, 479 F.3d 875, on March 13, 2007, and is no longer in ef

fect. The EPA has not adopted revised standards for this source

category.

§113.1200, Clay Ceramics Manufacturing (40 Code of Federal

Regulations Part 63, Subpart KKKKK)

The commission proposes to repeal §113.1200, as this MACT

standard was vacated by the decision of the United States Court

of Appeals for the District of Columbia Circuit in Sierra Club v.

EPA, 479 F.3d 875, on March 13, 2007, and is no longer in ef

fect. The EPA has not adopted revised standards for this source

category.

§113.1300, Coal- and Oil-Fired Electric Utility Steam Generating

Units (40 Code of Federal Regulations Part 63, Subpart UUUUU)

The commission proposes new §113.1300 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part UUUUU, adopted by the EPA on February 16, 2012 (77 FR

9304), with amendments published on April 19, 2012 (77 FR

23399). This rule is commonly referred to as the Mercury Air

Toxics Standard (MATS). This MACT standard regulates HAP

emissions from coal- and oil-fired electric utility steam generating

units located at major or area sources of HAP. HAPs emitted from

these facilities include hydrogen chloride, hydrogen fluoride, and

metal compounds such as selenium, arsenic, chromium, and

nickel. The April 19, 2012, amendments corrected typograph

ical errors, such as invalid cross-references and preamble text

that was not consistent with the final regulatory text.

The February 16, 2012, final rule is being challenged by the

TCEQ and multiple petitioners through both reconsideration re

quests to the EPA and petitions for review in the District of Co

lumbia Court of Appeals. The EPA recently published a limited

reconsideration of the final rule on November 30, 2012 (77 FR



## 38 TexReg 1808 March 15, 2013 Texas Register71323). The February 16, 2012, final rule remains currently ef

fective, and applicable to affected sources. The EPA has not yet

adopted a final rule reconsidering the MATS. The commission

solicits comment on whether the current rule should be incor

porated by reference, as proposed, or if incorporation should be

postponed until after any reconsideration actions or court actions

are resolved.

§113.1320, Hospital Ethylene Oxide Sterilizers Area Sources (40

Code of Federal Regulations Part 63, Subpart WWWWW)

The commission proposes new §113.1320 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part WWWWW, adopted by the EPA on December 28, 2007

(72 FR 73611). This GACT standard regulates HAP emissions

from hospital ethylene oxide sterilizers located at area sources

of HAP. The HAP emitted from these facilities is ethylene oxide.

§113.1340, Electric Arc Furnace Steelmaking Facilities Area

Sources (40 Code of Federal Regulations Part 63, Subpart

YYYYY)

The commission proposes new §113.1340 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part YYYYY, adopted by the EPA on December 28, 2007 (72 FR

74088). This MACT and GACT standard regulates HAP emis

sions from electric arc furnace steelmaking facilities that are area

sources of HAP. HAPs emitted from these facilities include mer

cury, chromium, lead, manganese, nickel, and other metals.

§113.1350, Iron and Steel Foundries Area Sources (40 Code of

Federal Regulations Part 63, Subpart ZZZZZ)

The commission proposes new §113.1350 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part ZZZZZ, adopted by the EPA on January 2, 2008 (73 FR

226). This GACT standard regulates HAP emissions from iron

and steel foundries that are area sources of HAP. HAPs emitted

from these facilities include compounds of mercury, chromium,

lead, manganese, and nickel.

§113.1370, Gasoline Distribution Bulk Terminals, Bulk Plants,

and Pipeline Facilities Area Sources (40 Code of Federal Regu

lations Part 63, Subpart BBBBBB)

The commission proposes new §113.1370 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part BBBBBB, adopted by the EPA on January 10, 2008 (73

FR 1916), with amendments published by the EPA on March 7,

2008 (73 FR 12275) and January 24, 2011 (76 FR 4156). This

GACT standard regulates HAP emissions from gasoline distri

bution bulk terminals, bulk plants, and pipeline facilities that are

area sources of HAP. HAPs emitted from these facilities include

benzene, ethylbenzene, hexane, toluene, xylenes, isooctane,

naphthalene, cumene, and methyl tert-butyl ether. The March

7, 2008, amendments corrected errors in citations for test meth

ods, corrected cross references within 40 CFR Part 63, Subpart

BBBBBB, and corrected references to the regulation's promulga

tion date that were intended to refer to the compliance date. The

January 24, 2011, amendments clarified certain definitions, ap

plicability-related provisions, and compliance-related provisions

in response to issues raised in the petitions for reconsideration.

§113.1380, Gasoline Dispensing Facilities Area Sources (40

Code of Federal Regulations Part 63, Subpart CCCCCC)

The commission proposes new §113.1380 by incorporating

by reference the final promulgated rules in 40 CFR Part 63,

Subpart CCCCCC, adopted by the EPA on January 10, 2008 (73 FR 1916), with amendments published on March 7, 2008

(73 FR 12275), June 25, 2008 (73 FR 35939), and January

24, 2011 (76 FR 4156). This GACT standard regulates HAP

emissions from gasoline dispensing facilities that are area

sources of HAP. HAPs emitted from these facilities include

benzene, ethylbenzene, hexane, toluene, xylenes, isooctane,

naphthalene, cumene, and methyl tert-butyl ether. The March 7,

2008, amendments corrected a number of errors in rule citations

and cross references. The June 25, 2008, amendments revised

the pressure and vacuum vent valve cracking pressure and leak

rate requirements for vapor balance systems used to control

emissions. The January 24, 2011, amendments clarified certain

definitions, applicability-related provisions, and compliance-re

lated provisions in response to issues raised in the petitions for

reconsideration.

§113.1390, Polyvinyl Chloride and Copolymers Production Area

Sources (40 Code of Federal Regulations Part 63, Subpart

DDDDDD)

The commission proposes to amend §113.1390 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

DDDDDD since this section was adopted. During this period,

the EPA published amendments to Subpart DDDDDD on April

17, 2012 (77 FR 22848). The April 17, 2012, amendments clar

ified the applicability of Subpart DDDDDD to existing and new

area sources, and revised GACT requirements for this source

category.

§113.1400, Primary Copper Smelting Area Sources (40 Code of

Federal Regulations Part 63, Subpart EEEEEE)

The commission proposes to amend §113.1400 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

EEEEEE since this section was adopted. During this period, the

EPA published amendments to Subpart EEEEEE on July 3, 2007

(72 FR 36363). The July 3, 2007, amendments clarified when

exhaust gases must be controlled, and what control devices may

be used. The amendments also corrected rule numbering errors.

In addition, a proposed revision to §113.1400 would replace the

phrase "Maximum Achievable Control Technology" with "Gener

ally Available Control Technology," as this NESHAP is a GACT

standard and not a MACT standard.

§113.1410, Secondary Copper Smelting Area Sources (40 Code

of Federal Regulations Part 63, Subpart FFFFFF)

The commission proposes to amend §113.1410 by incorporat

ing by reference all amendments to 40 CFR Part 63, Subpart

FFFFFF since this section was adopted. During this period, the

EPA published direct final amendments to Subpart FFFFFF on July 3, 2007 (72 FR 36363). The July 3, 2007, amendments

clarified the date that defines a new copper smelter, and cor

rected a cross-referencing error. In addition, a proposed revision

to §113.1410 would replace the term "Maximum Achievable Con

trol Technology" with "Generally Available Control Technology,"

as this NESHAP is a GACT standard and not a MACT standard.

§113.1425, Paint Stripping and Miscellaneous Surface Coating

at Area Sources (40 Code of Federal Regulations Part 63, Sub

part HHHHHH)

The commission proposes new §113.1425 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part HHHHHH, adopted by the EPA on January 9, 2008 (73

FR 1738), with amendments published on February 13, 2008

(73 FR 8408). This GACT standard regulates HAP emissions

from paint stripping and miscellaneous surface coating facilities



## PROPOSED RULES March 15, 2013 38 TexReg 1809that are area sources of HAPs. HAPs emitted from these fa

cilities include methylene chloride and compounds of chromium,

lead, manganese, nickel, and cadmium. The February 13, 2008,

amendments corrected minor errors in the rule text.

§113.1435, Industrial, Commercial, and Institutional Boilers

Area Sources (40 Code of Federal Regulations Part 63, Subpart

JJJJJJ)

The commission proposes new §113.1435 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part JJJJJJ, adopted by the EPA on March 21, 2011 (76 FR

15554). This MACT and GACT standard regulates HAP emis

sions from industrial, commercial, and institutional boilers that

are area sources of HAP. HAPs emitted from these facilities in

clude mercury, arsenic, beryllium, cadmium, lead, chromium,

manganese, nickel, and polycyclic organic compounds.

On December 23, 2011 (76 FR 80532) the EPA proposed recon

sideration amendments to Subpart JJJJJJ. The EPA signed a

final rule reconsidering the Boiler area source NESHAP on De

cember 20, 2012, but this final rule has not yet been published in

the FR as of the date this preamble was drafted. The rule signed

by the EPA on December 20, 2012, included numerous changes.

The EPA's review of existing and new data resulted in a number

of changes to emission limits for various pollutants. The EPA

also established an alternative emission standard for CO, based

on CEMS data for several subcategories. The amendments also

added periodic tune-up work practices to address CO and mer

cury emissions from new and existing small coal-fired units, in

lieu of numeric emission limits. In addition, the amendments up

dated the compliance dates for new and existing sources. The

amendments also revised the list of boilers that are not part of

the source categories subject to Subpart JJJJJJ, clarified certain

boiler types, and included certain additional boilers located at an

industrial, commercial, or institutional area source facility. The

amendments also revised work practice standards for periods of

startup and shutdown to better reflect MACT and GACT during

those periods. In addition, the amendments added definitions

of startup and shutdown and revised the definition of the limited

use subcategory. The amendments additionally made numerous

technical corrections to the final rule to clarify definitions, refer

ences, applicability, and compliance issues raised by petitioners

and other stakeholders.

The commission solicits comment on whether the currently-ef

fective (March 21, 2011) rule should be incorporated by refer

ence as proposed, or if the commission should incorporate the

amended rules signed by the EPA on December 20, 2012. At the

time this preamble was drafted, the FR citation (date, volume,

and page number) associated with the amendments signed by

the EPA on December 20, 2012, is not available, so it is not pos

sible to draft specific rule language incorporating the December

20, 2012, version of the rules at this time. However, it is the com

mission's intention to incorporate the rules signed on December

20, 2012, once those rules have been formally published in the

FR, unless adverse comments on such an action are received.

§113.1445, Acrylic and Modacrylic Fibers Area Sources (40

Code of Federal Regulations Part 63, Subpart LLLLLL)

The commission proposes new §113.1445 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Subpart

LLLLLL, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard regulates HAP emissions from acrylic and

modacrylic fiber production facilities that are area sources of HAP. The HAP emitted from these facilities is primarily acryloni

trile. The March 26, 2008, amendments made a minor editorial

correction to add a phrase that had been omitted from the pub

lished rule.

§113.1450, Carbon Black Production Area Sources (40 Code of

Federal Regulations Part 63, Subpart MMMMMM)

The commission proposes new §113.1450 by incorporating

by reference the final promulgated rules in 40 CFR Part 63,

Subpart MMMMMM, adopted by the EPA on July 16, 2007 (72

FR 38864), with amendments published on March 26, 2008 (73

FR 15923). This GACT standard regulates HAP emissions from

carbon black production facilities that are area sources of HAP.

HAPs emitted from these facilities include polycyclic organic

compounds. The March 26, 2008, amendments corrected minor

rule citation errors and added a phrase that had been omitted

from the published rule.

§113.1455, Chemical Manufacturing Area Sources: Chromium

Compounds (40 Code of Federal Regulations Part 63, Subpart

NNNNNN)

The commission proposes new §113.1455 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Subpart

NNNNNN, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard applies to area sources that manufacture

chromium compounds. HAPs emitted from these facilities in

clude chromium compounds. The March 26, 2008, amendments

corrected control device inspection requirements, and added a phrase that had been omitted from the published rule.

§113.1460, Flexible Polyurethane Foam Production and Fabri

cation Area Sources (40 Code of Federal Regulations Part 63,

Subpart OOOOOO)

The commission proposes new §113.1460 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part OOOOOO, adopted by the EPA on July 16, 2007 (72 FR

38864), with amendments published on March 26, 2008 (73 FR

15923). This GACT standard applies to flexible foam produc

tion and flexible foam fabrication plants that are area sources.

HAPs emitted from these facilities include methylene chloride.

The March 26, 2008, amendments corrected a paragraph for

matting error, added language to clarify compliance certification

requirements, and revised a table indicating applicable require

ments of 40 CFR Part 63 Subpart A.

§113.1465, Lead Acid Battery Manufacturing Area Sources (40

Code of Federal Regulations Part 63, Subpart PPPPPP)

The commission proposes new §113.1465 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Subpart

PPPPPP, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard applies to lead acid battery manufacturing

plants that are area sources. HAPs emitted from these facilities

include lead and cadmium compounds. The March 26, 2008,

amendments corrected citation errors relating to performance

testing requirements, corrected an error in the deadline for sub

mitting compliance status reports, deleted erroneous cross ref

erences, and revised a table indicating applicable requirements

of 40 CFR Part 63, Subpart A.

§113.1470, Wood Preserving Area Sources (40 Code of Federal

Regulations Part 63, Subpart QQQQQQ)



## 38 TexReg 1810 March 15, 2013 Texas RegisterThe commission proposes new §113.1470 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part QQQQQQ, adopted by the EPA on July 16, 2007 (72 FR

38864), with amendments published on March 26, 2008 (73 FR

15923). This GACT standard applies to wood preserving facil

ities that are area sources. HAPs emitted from these facilities

include arsenic, chromium, methylene chloride, and dioxin. The

March 26, 2008, amendments corrected a rule citation, added

a phrase that had been inadvertently omitted from the rule text,

and corrected a table indicating applicable requirements of 40

CFR Part 63, Subpart A.

§113.1475, Clay Ceramics Manufacturing Area Sources (40

Code of Federal Regulations Part 63, Subpart RRRRRR)

The commission proposes new §113.1475 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part RRRRRR, adopted by the EPA on December 26, 2007 (72

FR 73180). This GACT standard applies to clay ceramics man

ufacturing facilities that are area sources and use more than 50

tons per year of clay. HAPs emitted from these facilities include

chromium, lead, manganese, and nickel compounds.

§113.1480, Glass Manufacturing Area Sources (40 Code of Fed

eral Regulations Part 63, Subpart SSSSSS)

The commission proposes new §113.1480 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part SSSSSS, adopted by the EPA on December 26, 2007 (72

FR 73180). This GACT standard applies to glass manufacturing

facilities that are area sources and that produce 50 tons per year

of glass that contains one or more specified HAPs. HAPs emitted

from these facilities include arsenic, cadmium, chromium, lead,

manganese, and nickel compounds.

§113.1485, Secondary Nonferrous Metals Processing Area

Sources (40 Code of Federal Regulations Part 63, Subpart

TTTTTT)

The commission proposes new §113.1485 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part TTTTTT, adopted by the EPA on December 26, 2007 (72

FR 73180). This GACT standard applies to nonferrous metal

processing facilities that are area sources. HAPs emitted from

these facilities include arsenic, chromium, lead, manganese,

and nickel compounds.

§113.1495, Chemical Manufacturing Area Sources (40 Code of

Federal Regulations Part 63, Subpart VVVVVV)

The commission proposes new §113.1495 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part VVVVVV, adopted by the EPA on October 29, 2009 (74 FR

56008), with amendments published on December 21, 2012 (77

FR 75740). This GACT standard applies to agricultural chem

icals and pesticides manufacturing, cyclic crude and interme

diate production, industrial inorganic chemical manufacturing,

industrial organic chemical manufacturing, inorganic pigments

manufacturing, miscellaneous organic chemical manufacturing,

plastic materials and resins manufacturing, pharmaceutical pro

duction, and synthetic rubber manufacturing. This standard is

limited to area sources. HAPs emitted from these facilities in

clude 1,3-butadiene; 1,3-dichloropropene; acetaldehyde; chlo

roform; ethylene dichloride; methylene chloride; hexachloroben

zene; hydrazine; quinoline; and compounds of arsenic, cad

mium, chromium, lead, manganese, and nickel. The EPA ex

tended the effective date of certain Title V permit requirements

(40 CFR §63.11494(e)) on December 14, 2010 (75 FR 77762), until March 14, 2011. The EPA indefinitely extended the effective

date of 40 CFR §63.11494(e) on March 14, 2011 (76 FR 13515).

The EPA published a limited reconsideration of the final rule on January 30, 2012, (77 FR 4522), and published a stay of the

October 29, 2009, final rule on October 25, 2012 (77 FR 65136),

staying Subpart VVVVVV in its entirety until December 24, 2012.

The EPA adopted final reconsideration amendments on Decem

ber 21, 2012. The December 21, 2012, amendments lifted the

stay of the Title V permit requirement issued on March 14, 2011,

and lifted the stay of the final rule issued on October 25, 2012.

In addition, the December 21, 2012, amendments revised the

approach for addressing malfunctions and standards applicable

during startup and shutdown periods, and made amendments

and technical corrections to the final rule to clarify applicabil

ity and compliance issues. The December 21, 2012, amend

ments also extended the compliance date for existing sources

until March 21, 2013.

§113.1500, Plating and Polishing Area Sources (40 Code of Fed

eral Regulations Part 63, Subpart WWWWWW)

The commission proposes new §113.1500 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part WWWWWW, adopted by the EPA on July 1, 2008 (73 FR

37728), with amendments published on September 19, 2011 (76

FR 57913). This GACT standard applies to metal plating and

polishing facilities that are area sources. HAPs emitted from

these facilities include cadmium, chromium, lead, manganese,

and nickel compounds. The September 19, 2011, amendments

clarified that the emission control requirements did not apply to

bench-scale activities, and also included minor technical correc

tions.

§113.1505, Metal Fabrication and Finishing Area Sources (40

Code of Federal Regulations Part 63, Subpart XXXXXX)

The commission proposes new §113.1505 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part XXXXXX, adopted by the EPA on July 23, 2008 (73 FR

42978). This GACT standard applies to a wide range of metal

fabrication and finishing operations that are area sources. HAPs

emitted from these facilities include cadmium, chromium, lead,

manganese, and nickel compounds.

§113.1510, Ferroalloys Production Facilities Area Sources (40

Code of Federal Regulations Part 63, Subpart YYYYYY)

The commission proposes new §113.1510 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part YYYYYY, adopted by the EPA on December 23, 2008 (73

FR 78637). This GACT standard applies to ferroalloy production

facilities that are area sources. HAPs emitted from these facili

ties include chromium, manganese, and nickel compounds.

§113.1515, Aluminum, Copper, and Other Nonferrous Foundries

Area Sources (40 Code of Federal Regulations Part 63, Subpart

ZZZZZZ)

The commission proposes new §113.1515 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part ZZZZZZ, adopted by the EPA on June 25, 2009 (74 FR

30366), with amendments published on September 10, 2009

(74 FR 46493). This GACT standard applies to area source

facilities that pour molten aluminum, copper, or other nonfer

rous metals into molds to manufacture castings. HAPs emitted

from these facilities include chromium, beryllium, cadmium, lead,

manganese, and nickel compounds. The September 10, 2009,



## PROPOSED RULES March 15, 2013 38 TexReg 1811amendments clarified applicability requirements and terminology

in 40 CFR §63.11544, Am I subject to this subpart?.

§113.1520, Asphalt Processing and Asphalt Roofing Manufac

turing Area Sources (40 Code of Federal Regulations Part 63,

Subpart AAAAAAA)

The commission proposes new §113.1520 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part AAAAAAA, adopted by the EPA on December 2, 2009 (74

FR 63236), with amendments published on March 18, 2010 (75

FR 12988). This GACT standard applies to asphalt process

ing and asphalt roofing manufacturing operations that are area

sources. HAPs emitted from these facilities include polycyclic

aromatic hydrocarbons. The March 18, 2010, amendments cor

rected typographical errors in 40 CFR §63.11563, What are my monitoring requirements?, and corrected cross references in 40

CFR §63.11564, What are my notification, recordkeeping, and

reporting requirements?.

§113.1525, Chemical Preparations Industry Area Sources (40

Code of Federal Regulations Part 63, Subpart BBBBBBB)

The commission proposes new §113.1525 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part BBBBBBB, adopted by the EPA on December 30, 2009 (74

FR 69194). This GACT standard applies to area source facilities

that manufacture chemical preparations containing compounds

of chromium, lead, manganese, or nickel, except for manufac

turers of certain types of ink. HAPs emitted from these facilities

include chromium, lead, manganese, and nickel compounds.

§113.1530, Paints and Allied Products Manufacturing Area

Sources (40 Code of Federal Regulations Part 63, Subpart

CCCCCCC)

The commission proposes new §113.1530 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part CCCCCCC, adopted by the EPA on December 3, 2009 (74

FR 63504), with amendments published on March 5, 2010 (75

FR 10184) and June 3, 2010 (75 FR 31317). This GACT stan

dard applies to area source facilities that manufacture materi

als such as paint, ink, or adhesive that are intended to be ap

plied to a substrate and consist of a mixture of resins, pigments,

solvents, or other additives. HAPs emitted from these facilities

include benzene, methylene chloride, and compounds of cad

mium, chromium, lead, and nickel. The March 5, 2010, amend

ments corrected cross-references and other editorial errors. The

June 3, 2010, amendments revised the definition of "material

containing hazardous air pollutants" to restore language relating

to a de minimis concentration of non-carcinogens.

§113.1535, Prepared Feeds Manufacturing Area Sources (40

Code of Federal Regulations Part 63, Subpart DDDDDDD)

The commission proposes new §113.1535 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part DDDDDDD, adopted by the EPA on January 5, 2010 (75

FR 522), with amendments published on July 20, 2010 (75 FR

41991) and December 23, 2011 (76 FR 80261). This GACT

standard applies to prepared animal feed manufacturing oper

ations that are area sources. HAPs emitted from these facilities

include chromium and manganese compounds. The July 20,

2010, amendments corrected the date for new sources to sub

mit a Notification of Compliance Status form, corrected the infor

mation to be included in the Notification of Compliance Report,

and restored language relating to submittal of the annual compli

ance certification report. The December 23, 2011, amendments revised GACT requirements for pelleting processes at large, ex

isting prepared feeds manufacturing facilities, and associated

requirements for compliance demonstration, monitoring, report

ing, and recordkeeping. The December 23, 2011, amendments

also clarified the requirement that doors be kept closed in ar

eas where materials containing chromium and manganese are

present; and clarified the requirement to install a device to mini

mize emissions at the point of bulk loadout.

§113.1555, Polyvinyl Chloride and Copolymers Production Ma

jor Sources (40 Code of Federal Regulations Part 63, Subpart

HHHHHHH)

The commission proposes new §113.1555 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part HHHHHHH, adopted by the EPA on April 17, 2012 (77 FR

22848). This MACT standard applies to PVC and copolymers

production operations that are major sources, or are located at

major sources. The primary HAP emitted from these facilities is

vinyl chloride.

Fiscal Note: Costs to State and Local Government

Nina Chamness, Analyst, Strategic Planning and Assessment,

has determined that, for the first five-year period the proposed

rules are in effect, no significant fiscal implications are antici

pated for the agency or other units of state or local governments

as a result of administration or enforcement of the proposed

rules. The proposed rules will require the agency to update or

issue Title V permits at some emission sources affected by the

proposed rules, but the agency does not expect any significant

increase in workload and no increase in agency revenue.

The EPA adopted new MACT and GACT standards in 2007

through 2012, and the proposed rules would incorporate these

standards by reference in Chapter 113 to ensure that state

and federal rules remain consistent. The proposed rules, once adopted, would allow the agency to continue to receive delega

tion authority from the EPA.

Regulated entities affected by the proposed rules are required

to comply with these federal standards whether or not the pro

posed rules are adopted. The proposed rules are not expected

to add additional costs to the regulated community beyond what

is already required to comply with the federal standards and re

quirements. No fees will be charged for any permit changes,

including Title V modifications, as a result of the proposed rules.

Units of local government do not typically own or operate the

types of facilities that would be required to comply with the pro

posed rules. If a local government is required to comply with fed

eral MACT and GACT standards, it would not experience any ad

ditional compliance or permitting costs under the proposed rules.

Public Benefits and Costs

Nina Chamness also determined that for each year of the first

five years the proposed rules are in effect, the public benefit an

ticipated from the changes seen in the proposed rules will be

consistency between federal and state rules regarding air emis

sions.

Businesses and individuals are required to comply with these

federal standards whether or not the proposed rules are adopted.

Any fiscal impacts on regulated entities will result directly from

compliance with federal standards. For example, electric arc fur

naces, iron and steel foundries, and glass manufacturing facili

ties are required by the federal MACT and GACT standards to

do more testing of controls and recordkeeping. The proposed



## 38 TexReg 1812 March 15, 2013 Texas Registerrules are not anticipated to add additional costs to the regulated

community beyond what is already required to comply with the

federal standards, and large businesses would not pay any ad

ditional permit fees to comply with the proposed rules.

The following is a partial list of industry groups and facilities, typ

ically owned by large businesses, that could be required to im

plement the MACT and GACT standards: petroleum refineries;

the pulp and paper industry; the polymer and resin industry; the

chemical manufacturing industry, shipbuilding, and repair facili

ties; hazardous waste combustors; the pharmaceutical produc

tion industry; the Portland cement manufacturing industry; the

semiconductor manufacturing industry; and the PVC and copoly

mer production industry.

Small Business and Micro-Business Assessment

No adverse fiscal implications are anticipated for small or mi

cro-businesses as a result of the adoption of federal standards in

the proposed rules. A partial list of small business activities that

may be required to comply with new MACT and GACT standards

are: metal fabrication; metal polishing; surface coating; gasoline

dispensing; small foundries; ceramic production; paint manufac

turing; glass manufacturing; battery manufacturing; animal feed

production; and asphalt roofing production. The proposed rules

are not anticipated to add additional costs to the regulated com

munity beyond what is already required to comply with the fed

eral standards. Small businesses would not be required to pay

additional permit fees when complying with the proposed rules.

Small Business Regulatory Flexibility Analysis

The commission has reviewed this proposed rulemaking and de

termined that a small business regulatory flexibility analysis is not

required because the proposed rules are required to protect the

environment and comply with federal regulations. If the agency

does not incorporate the federal standards into the proposed

rules, it may not receive delegation authority from the EPA, and

small and micro-businesses could be directly regulated by the

EPA instead of the commission.

Local Employment Impact Statement

The commission has reviewed this proposed rulemaking and de

termined that a local employment impact statement is not re

quired because the proposed rules do not adversely affect a lo

cal economy in a material way for the first five years that the

proposed rules are in effect.

Draft Regulatory Impact Analysis Determination

The commission reviewed the rulemaking in light of the regula

tory impact analysis requirements of Texas Government Code,

§2001.0225, and determined that the rulemaking does not meet

the definition of a major environmental rule as defined in that

statute, and in addition, if it did meet the definition, would not be

subject to the requirement to prepare a regulatory impact analy

sis.

A major environmental rule means a rule, the specific intent of

which is to protect the environment or reduce risks to human

health from environmental exposure, and that may adversely af

fect in a material way the economy, a sector of the economy, pro

ductivity, competition, jobs, the environment, or the public health

and safety of the state or a sector of the state. The specific intent

of these proposed rules is to adopt amendments to a number of

existing NESHAPs incorporated into Chapter 113, adopt incor

porations of a number of recently-promulgated NESHAPs not

yet incorporated into Chapter 113, and repeal several Chapter 113 sections that reference NESHAPs that are no longer effec

tive due to court actions. The NESHAPs are promulgated by the

EPA for source categories mandated by 42 United States Code

(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 EPA

develops to regulate emissions of HAPs as required under the

FCAA. Certain sources of HAPs will be affected and stationary

sources are required to comply with federal standards whether

or not the commission adopts the standards or takes delega

tion from the EPA. As discussed in the Fiscal Note portion of

this preamble, the proposed rules are not anticipated to add any significant additional costs to affected individuals or businesses

beyond what is already required to comply with federal MACT

standards on the economy, a sector of the economy, productiv

ity, 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 ap

plicability 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 specifically required by state law; 2) exceed an express re

quirement of state law, unless the rule is specifically required by

federal law; 3) exceed a requirement of a delegation agreement

or contract between the state and an agency or representative

of the federal government to implement a state and federal pro

gram; or 4) adopt a rule solely under the general powers of the

agency instead of under a specific state law.

Under 42 USC, §7661a, states are required to have federal op

erating permit programs that provide authority to issue permits

and assure compliance with each applicable standard, regula

tion, or requirement 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 imple

ment plans to attain and maintain the National Ambient Air Qual

ity Standards, states are not free to ignore requirements in 42

USC, §7661a, and must develop and submit programs to pro

vide for operating permits for major sources that include all ap

plicable requirements of the FCAA.

The requirement to provide a fiscal analysis of regulations in the

Texas Government Code was amended by Senate Bill (SB) 633

during the 75th Legislature, 1997. The intent of SB 633 was to re

quire agencies to conduct a regulatory impact analysis of extra

ordinary rules. These are identified in the statutory language as major environmental rules that will have a material adverse im

pact and will exceed a requirement of state law, federal law, or a delegated federal program, or are adopted solely under the gen

eral powers of the agency. With the understanding that this re

quirement 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 significant fiscal implications for the agency due

to its limited application." The commission also noted that the

number of rules that would require assessment under the pro

visions of the bill was not large. This conclusion was based, in

part, on the criteria set forth in the bill that exempted 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



## PROPOSED RULES March 15, 2013 38 TexReg 1813or designed to satisfy specific federal requirements. The legis

lature is presumed to understand this federal scheme. If each

rule proposed by the commission in order to meet a federal re

quirement was considered to be a major environmental rule that

exceeds federal law, then each of those rules would require the

full Regulatory Impact Analysis (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 fiscal notes. Since the legislature is presumed

to understand the fiscal 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 proposed rules may have a broad impact, that

impact is no greater than is necessary or appropriate to meet

the requirements of the FCAA, and in fact creates no additional

impacts since the proposed rules do not modify the federal NE

SHAP, but are incorporations by reference, which do not change

the federal requirements, or repeals of current requirements.

For these reasons, the proposed 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 legisla

ture 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) superseded by statute on another point

of law, Tax Code §112.108, Other Actions Prohibited, as recog

nized in, First State Bank of Dumas v. Sharp, 863 S.W. 2d 81,

83, (Tex. App. Austin 1993, no writ.); Cf. Humble Oil & Refining

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 Pro

cedure Act (APA) by the legislature in 1999. In an attempt to

limit the number of rule challenges based upon APA require

ments, the legislature clarified that state agencies are required

to meet these sections of the APA against the standard of "sub

stantial compliance" (See Texas Government Code, §2001.035).

The legislature specifically identified 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 proposed rules implement requirements of the FCAA. The

NESHAP standards being incorporated into state law are fed

eral technology-based standards that are required by 42 USC,

§7412, required to be included in permits under 42 USC, §7661a,

proposed to be adopted by reference without modification or sub

stitution, and will not exceed any standard set by state or federal

law, or are repeals of existing requirements. These rules are not

an express requirement of state law. The proposed rules do not exceed a requirement of a delegation agreement or a contract

between state and federal government, as the EPA delegates

the NESHAP to Texas in accordance with the delegation proce

dures codified in 40 CFR Part 63. The amendments were not

developed solely under the general powers of the agency, but

are authorized by specific 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 Author

ity section of this preamble, including Texas Health and Safety

Code, §§382.011, 382.012, and 382.017.

Therefore, this proposed rulemaking action is not subject to

the regulatory analysis provisions of Texas Government Code,

§2001.0225(b).

The commission invites public comment regarding the draft reg

ulatory impact analysis determination during the public comment

period. Written comments on the draft regulatory impact analy

sis determination may be submitted to the contact person at the

address listed under the Submittal of Comments section of this

preamble.

Takings Impact Assessment

The commission evaluated the proposed rulemaking and per

formed an analysis of whether the proposed rulemaking consti

tutes a taking under Texas Government Code, Chapter 2007.

The commission's preliminary assessment indicates Texas Gov

ernment Code, Chapter 2007 does not apply.

Under Texas Government Code, §2007.002(5), taking means: "(A) 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 Amend

ments to the United States Constitution or Section 17 or 19, Ar

ticle I, Texas Constitution; or (B) a governmental action that: (i)

affects an owner's private real property that is the subject of the

governmental action, in whole or in part or temporarily or perma

nently, in a manner that restricts or limits the owner's right to the

property that would otherwise exist in the absence of the govern

mental action; and (ii) is the producing cause of a reduction of at

least 25 percent in the market value of the affected private real

property, determined by comparing the market value of the prop

erty as if the governmental action 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 the

proposed rulemaking action under the Texas Government Code,

§2007.043. The specific intent of these proposed rules is to

adopt amendments to a number of existing NESHAPs incor

porated into Chapter 113, adopt incorporations of a number of

recently-promulgated NESHAPs not yet incorporated into Chap

ter 113, and repeal several Chapter 113 sections that reference

NESHAPs that are no longer effective due to court actions. The

NESHAPs are promulgated by the EPA 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

HAPs as required under the FCAA. Certain sources of HAPs will

be affected and stationary sources are required to comply with

federal standards whether or not the commission adopts the

standards or takes delegation from the EPA. The proposed rules

will not create any additional burden on private real property.

Under federal law, the affected industries will be required to



## 38 TexReg 1814 March 15, 2013 Texas Registercomply with the NESHAPs regardless of whether the commis

sion or the EPA is the agency responsible for implementation of

the NESHAPs. The proposed 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 proposal 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 proposed rulemaking will

not cause a taking under the Texas Government Code, Chapter

2007.

Consistency with the Coastal Management Program

The commission determined that this rulemaking action relates

to an action or actions subject to the Texas Coastal Manage

ment Program (CMP) in accordance with the Coastal Coordina

tion Act of 1991, as amended (Texas Natural Resources Code,

§§33.201, et seq.), and commission rules in 30 TAC Chapter

281, Subchapter B, Consistency with Texas Coastal Manage

ment Program. As required by 30 TAC §281.45(a)(3), Actions

Subject to Consistency with the Goals and Policies of the CMP,

and 31 TAC §505.11(b)(2), Actions and Rules Subject to the

Coastal Management Program, commission rules governing air

pollutant emissions must be consistent with the applicable goals

and policies of the CMP. The commission reviewed this action

for consistency with the CMP goals and policies in accordance

with the rules of the Coastal Coordination Advisory Committee

and determined that the action is consistent with the applicable

CMP goals and policies.

The CMP goal applicable to this proposed rulemaking action is

the goal to protect, preserve, restore, and enhance the diver

sity, quality, quantity, functions, and values of coastal natural re

source areas (31 TAC §501.12(l), Goals). The CMP policy ap

plicable to this rulemaking action is the policy that commission

rules comply with federal regulations in 40 CFR, to protect and

enhance air quality in the coastal areas (31 TAC §501.32, Poli

cies for Emission of Air Pollutants). The proposed rules would

incorporate federal regulations concerning emissions of HAPs

from certain industries into Chapter 113, allowing the commis

sion to enforce those standards. This would tend to benefit the

environment because it would result in lower emissions of HAPs.

Therefore, in accordance with 31 TAC §505.22(e), Consistency

Required for New Rules and Rule Amendments Subject to the

Coastal Management Program, the commission affirms that this

rulemaking action is consistent with CMP goals and policies.

Written comments on the consistency of this rulemaking may be

submitted to the contact person at the address listed under the

Submittal of Comments section of this preamble.

Effect on Sites Subject to the Federal Operating Permits Pro

gram

Chapter 113 is an applicable requirement under 30 TAC Chapter

122, Federal Operating Permits Program. If the proposed rules

are adopted, owners or operators subject to the Federal Operat

ing Permits Program must, consistent with the revision process

in Chapter 122, upon the effective date of the adopted rulemak

ing, revise their operating permits to include the new Chapter 113

requirements. In addition, owners and operators of area sources

should be aware that federal rules require certain area source categories to obtain a federal operating permit.

Announcement of Hearing The commission will hold a public hearing on this proposal in

Austin on Thursday, April 11, 2013, at 10:00 a.m., in Building B,

Room 201A at the commission's central office located at 12100

Park 35 Circle. The hearing is structured for the receipt of oral

or written comments by interested persons. Individuals may

present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing;

however, commission staff members will be available to discuss

the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact

Sandy Wong, Office of Legal Services, at (512) 239-1802. Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Charlotte Horn, MC

205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087

or faxed to (512) 239-4808. Electronic comments may be

submitted at: http://www5.tceq.texas.gov/rules/ecomments/.

File size restrictions may apply to comments being submitted

via the eComments system. All comments should reference Rule Project Number 2013-004-113-AI. The comment

period closes on April 15, 2013. Copies of the proposed rulemaking can be obtained from the commission's Web site at

http://www.tceq.texas.gov/nav/rules/propose_adopt.html

. For

further information, please contact Michael Wilhoit, Air Permits

Division, Technical Program Support Section, (512) 239-1222.



### 30 TAC §§113.100, 113.120, 113.130, 113.180, 113.190,

113.230, 113.240, 113.260, 113.290, 113.300, 113.340,

113.390, 113.400, 113.410, 113.420, 113.560, 113.600,

113.610, 113.620, 113.640, 113.650, 113.670, 113.690,

113.770, 113.790, 113.880, 113.890, 113.1040, 113.1090,

113.1110, 113.1130, 113.1140, 113.1160, 113.1170, 113.1300,

113.1320, 113.1340, 113.1350, 113.1370, 113.1380, 113.1390,

113.1400, 113.1410, 113.1425, 113.1435, 113.1445, 113.1450,

113.1455, 113.1460, 113.1465, 113.1470, 113.1475, 113.1480,

113.1485, 113.1495, 113.1500, 113.1505, 113.1510, 113.1515,

113.1520, 113.1525, 113.1530, 113.1535, 113.1555

Statutory Authority

The amendments and new sections are proposed under Texas

Water Code (TWC), §5.103, concerning Rules, and TWC,

§5.105, concerning General Policy, which authorize the com

mission to adopt rules necessary to carry out its powers and

duties under the TWC; and under Texas Health and Safety

Code (THSC), §382.017, concerning Rules, which authorizes

the commission to adopt rules consistent with the policy and

purpose of the Texas Clean Air Act. The amendments and new

sections are also proposed under THSC, §382.002, concerning

Policy and Purpose, which establishes the commission's pur

pose to safeguard the state's air resources, consistent with the

protection of public health, general welfare, and physical prop

erty; THSC, §382.011, concerning General Powers and Duties,

which authorizes the commission to control the quality of the

state's air; THSC, §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; THSC, §382.016, concerning Monitoring Requirements;

Examination of Records, which authorizes the commission to

prescribe reasonable requirements for measuring and monitor

ing the emissions of air contaminants; and THSC, §382.051,



## PROPOSED RULES March 15, 2013 38 TexReg 1815concerning 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 proposed amendments and new sections implement THSC,

§§382.002, 382.011, 382.012, 382.016, 382.017, and 382.051.

§113.100. General Provisions (40 Code of Federal Regulations Part

63, Subpart A).

The General Provisions for the National Emission Standards for Haz

ardous Air Pollutants for Source Categories as specified in 40 Code of

Federal Regulations (CFR) Part 63, Subpart A, are incorporated by ref

erence

16, 2007 (72 FR 27437)] with the following exceptions.

(1) The language of 40 CFR §63.5(e)(2)(i) is amended to

read as follows: The executive director will notify the owner or operator in writing of approval or intention to deny approval of construction

or reconstruction within 180 calendar days after receipt of sufficient information to evaluate an application submitted under 40 CFR §63.5(d).

The 180-day approval or denial period will begin after the owner or operator has been notified in writing that the [his/her] application is complete. The executive director will notify the owner or operator in writing of the status of the [his/her] application, that is, whether the application contains sufficient information to make a determination, within

90 calendar days after receipt of the original application and within 60

calendar days after receipt of any supplementary information that is

submitted.

(2) The language of 40 CFR §63.6(i)(12)(i) is amended to

read as follows: The executive director will notify the owner or operator in writing of approval or intention to deny approval of a request

for an extension of compliance within 60 calendar days after receipt

of sufficient information to evaluate a request submitted under 40 CFR

§63.6(i)(4)(i) or (i)(5). The 60-day approval or denial period will begin

after the owner or operator has been notified in writing that the [his/her]

application is complete. The executive director will notify the owner

or operator in writing of the status of the [his/her] application, that is,

whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary

information that is submitted.

(3) The language of 40 CFR §63.6(i)(13)(i) is amended to

read as follows: The executive director will notify the owner or operator in writing of approval or intention to deny approval of a request

for an extension of compliance within 60 calendar days after receipt

of sufficient information to evaluate a request submitted under 40 CFR

§63.6(i)(4)(ii). The 60-day approval or denial period will begin after

the owner or operator has been notified in writing that the [his/her]

application is complete. The executive director will notify the owner

or operator in writing of the status of the [his/her] application, that is,

whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary

information that is submitted.

(4) The language of 40 CFR §63.6(i)(13)(ii) is amended to

read as follows: When notifying the owner or operator that the [his/her]

application is not complete, the executive director will specify the information needed to complete the application and provide notice of

opportunity for the applicant to present, in writing, within 30 calendar

days after they are [he/she is] notified of the incomplete application,

additional information, or arguments to the executive director to enable further action on the application. as amended through September 11, 2012 (77 FR 55698) [ May (5) The language of 40 CFR §63.8(e)(5)(ii) is amended to

read as follows: The owner or operator of an affected source using a

Continuous Opacity Monitoring System (COMS) to determine opacity

compliance during any performance test required under §63.7 and described in §63.6(d)(6) shall furnish the executive director two or, upon

request, three copies of a written report of the results of the COMS

performance evaluation under this paragraph. The copies shall be provided at least 30 calendar days before the performance test required

under §63.7 is conducted.

(6) The language of 40 CFR §63.9(i)(3) is amended to read

as follows: If, in the executive director's judgment, an owner or operator's request for an adjustment to a particular time period or postmark

deadline is warranted, the executive director will approve the adjustment. The executive director will notify the owner or operator in writing of approval or disapproval of the request for an adjustment within

30 calendar days of receiving sufficient information to evaluate the request.

(7) The language of 40 CFR §63.10(e)(2)(ii) is amended to

read as follows: The owner or operator of an affected source using a

COMS to determine opacity compliance during any performance test

required under §63.7 and described in §63.6(d)(6) shall furnish the executive director two or, upon request, three copies of a written report

of the results of the COMS performance evaluation conducted under

§63.8(e). The copies shall be furnished at least 30 calendar days before the performance test required under §63.7 is conducted.

§113.120. Synthetic Organic Chemical Manufacturing Industry for

Process Vents, Storage Vessels, Transfer Operations, and Wastewater

(40 Code of Federal Regulations Part 63, Subpart G).

The Synthetic Organic Chemical Manufacturing Industry for Process

Vents, Storage Vessels, Transfer Operations, and Wastewater Maxi

mum Achievable Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart G, is incorporated by reference

as amended through December 22, 2008 (73 FR 78199) [ December 21,

2006 (71 FR 76603) ].

§113.130. Organic Hazardous Air Pollutants for Equipment Leaks

(40 Code of Federal Regulations Part 63, Subpart H).

The Organic Hazardous Air Pollutants for Equipment Leaks Maximum

Achievable Control Technology standard as specified in 40 Code of

Federal Regulations Part 63, Subpart H, is incorporated by reference

as amended through December 22, 2008 (73 FR 78199) [ June 23, 2003

(68 FR 37345) ].

§113.180. Perchloroethylene Dry Cleaning Facilities (40 Code of

Federal Regulations Part 63, Subpart M).

The Perchloroethylene Dry Cleaning Facilities Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regu

lations Part 63, Subpart M, is incorporated by reference as amended

through July 11, 2008 (73 FR 39871) [ September 21, 2006 (71 FR

55280) ].

§113.190. Chromium Emissions from Hard and Decorative

Chromium Electroplating and Chromium Anodizing Tanks (40 Code

of Federal Regulations Part 63, Subpart N).

The Chromium Emissions from Hard and Decorative Chromium

Electroplating and Chromium Anodizing Tanks Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Reg

ulations Part 63, Subpart N, is incorporated by reference as amended

through September 19, 2012 (77 FR 58220) [ April 20, 2006 (71 FR

20446) ].

§113.230. Gasoline Distribution Facilities (40 Code of Federal Reg

ulations Part 63, Subpart R).



## 38 TexReg 1816 March 15, 2013 Texas RegisterThe Gasoline Distribution Facilities (Bulk Gasoline Terminals and

Pipeline Breakout Stations) Maximum Achievable Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart R, is incorporated by reference as amended through December

22, 2008 (73 FR 78199) [April 6, 2006 (71 FR 17352)].

§113.240. Pulp and Paper Industry (40 Code of Federal Regulations

Part 63, Subpart S).

The Pulp and Paper Industry Maximum Achievable Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart S, is incorporated by reference as amended through September

11, 2012 (77 FR 55698) [April 13, 2004 (69 FR 19734)].

§113.260. Group I Polymers and Resins (40 Code of Federal Regu

lations Part 63, Subpart U).

The Group I Polymers and Resins Maximum Achievable Control Tech

nology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart U, is incorporated by reference as amended through April 21,

2011 (76 FR 22566) [ April 20, 2006 (71 FR 20446) ].

§113.290. Secondary Lead Smelting (40 Code of Federal Regulations

Part 63, Subpart X).

The Secondary Lead Smelting Maximum Achievable Control Technol

ogy standard as specified in 40 Code of Federal Regulations Part 63,

Subpart X, is incorporated by reference as amended through January 5,

2012 (77 FR 556) [ June 23, 2003 (68 FR 37350) ].

§113.300. Marine Tank Vessel Loading Operations (40 Code of Fed

eral Regulations Part 63, Subpart Y).

The Marine Tank Vessel Loading Operations Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Reg

ulations Part 63, Subpart Y, is incorporated by reference as amended

through April 21, 2011 (76 FR 22566) [ April 20, 2006 (71 FR 20446) ].

§113.340. Petroleum Refineries (40 Code of Federal Regulations

Part 63, Subpart CC).

The Petroleum Refineries Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Sub

part CC, is incorporated by reference as amended through June 30,

2010 (75 FR 37730) [ June 23, 2003 (68 FR 37351) ].

§113.390. Oil and Natural Gas Production Facilities (40 Code of

Federal Regulations Part 63, Subpart HH).

The Oil and Natural Gas Production Facilities Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regu

lations Part 63, Subpart HH, is incorporated by reference as amended

through August 16, 2012 (77 FR 49490) [ January 3, 2007 (72 FR 26) ].

§113.400. Shipbuilding and Ship Repair (Surface Coating) (40 Code

of Federal Regulations Part 63, Subpart II).

The Shipbuilding and Ship Repair (Surface Coating) Maximum

Achievable Control Technology standard as specified in 40 Code of

Federal Regulations Part 63, Subpart II, is incorporated by reference

as amended through November 21, 2011 (76 FR 72050) [ December

29, 2006 (71 FR 78369) ].

§113.410. Wood Furniture Manufacturing Operations (40 Code of

Federal Regulations Part 63, Subpart JJ).

The Wood Furniture Manufacturing Operations Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Reg

ulations Part 63, Subpart JJ, is incorporated by reference as amended

through November 21, 2011 (76 FR 72050) [ June 23, 2003 (68 FR

37353) ].

§113.420. Printing and Publishing (40 Code of Federal Regulations

Part 63, Subpart KK).

The Printing and Publishing Maximum Achievable Control Technol

ogy standard as specified in 40 Code of Federal Regulations Part 63, Subpart KK, is incorporated by reference as amended through April 21,

2011 (76 FR 22566) [May 24, 2006 (71 FR 29792)].

§113.560. Generic Maximum Achievable Control Technology Standards (40 Code of Federal Regulations Part 63, Subpart YY).

The Generic Maximum Achievable Control Technology Standards as specified in 40 Code of Federal Regulations Part 63, Subpart YY, is

incorporated by reference as amended through June 29, 2007 (72 FR

35663) [April 20, 2006 (71 FR 20446)].

§113.600. Steel Pickling - HCl Process Facilities and Hydrochloric

Acid Regeneration Plants (40 Code of Federal Regulations Part 63,

Subpart CCC).

The Steel Pickling

- HCl Process Facilities and Hydrochloric Acid Re

generation Plants Maximum Achievable Control Technology standard

as specified in 40 Code of Federal Regulations Part 63, Subpart CCC,

is incorporated by reference as amended through September 19, 2012

(77 FR 58220) [ April 20, 2006 (71 FR 20446) ].

§113.610. Mineral Wool Production (40 Code of Federal Regulations

Part 63, Subpart DDD).

The Mineral Wool Production Maximum Achievable Control Tech

nology standard as specified in 40 Code of Federal Regulations Part

63, Subpart DDD, is incorporated by reference as amended through

December 1, 2011 (76 FR 74708) [ June 23, 2003 (68 FR 37356) ].

§113.620. Hazardous Waste Combustors (40 Code of Federal Regu

lations Part 63, Subpart EEE).

The Hazardous Waste Combustor Maximum Achievable Control Tech

nology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart EEE, is incorporated by reference as amended through October

28, 2008 (73 FR 64068) [ October 25, 2006 (71 FR 62388) ].

§113.640. Pharmaceuticals Production (40 Code of Federal Regula

tions Part 63, Subpart GGG).

The Pharmaceuticals Production Maximum Achievable Control Tech

nology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart GGG, is incorporated by reference as amended through April

21, 2011 (76 FR 22566) [ April 20, 2006 (71 FR 20446) ].

§113.650. Natural Gas Transmission and Storage Facilities (40 Code

of Federal Regulations Part 63, Subpart HHH).

The Natural Gas Transmission and Storage Facilities Maximum

Achievable Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart HHH, is incorporated by

reference as amended through August 16, 2012 (77 FR 49490) [ April

20, 2006 (71 FR 20446) ].

§113.670. Group IV Polymers and Resins (40 Code of Federal Reg

ulations Part 63, Subpart JJJ).

The Group IV Polymers and Resins Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart JJJ, is incorporated by reference as amended through

December 22, 2008 (73 FR 78199) [ April 20, 2006 (71 FR 20446) ].

§113.690. Portland Cement Manufacturing Industry (40 Code of

Federal Regulations Part 63, Subpart LLL).

The Portland Cement Manufacturing Industry Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regu

lations Part 63, Subpart LLL, is incorporated by reference as amended

through January 18, 2011 (76 FR 2832) [ December 20, 2006 (71 FR

76518) ].

§113.770. Primary Lead Processing [ Smelting ] (40 Code of Federal

Regulations Part 63, Subpart TTT).

The Primary Lead Processing [ Smelting ] Maximum Achievable Con

trol Technology standard as specified in 40 Code of Federal Regula

tions Part 63, Subpart TTT, is incorporated by reference as amended



## PROPOSED RULES March 15, 2013 38 TexReg 1817through November 15, 2011 (76 FR 70834) [ April 20, 2006 (71 FR

20446) ].

§113.790. Publicly Owned Treatment Works (40 Code of Federal

Regulations Part 63, Subpart VVV).

The Publicly Owned Treatment Works Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart VVV, is incorporated by reference as amended through

December 22, 2008 (73 FR 78199) [ June 23, 2003 (68 FR 37360) ].

§113.880. Organic Liquids Distribution (Non-Gasoline) (40 Code of

Federal Regulations Part 63, Subpart EEEE).

The Organic Liquids Distribution (Non-Gasoline) Maximum Achiev

able Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart EEEE, is incorporated by reference as

amended through December 22, 2008 (73 FR 78199) [ July 28, 2006

(71 FR 42898) ].

§113.890. Miscellaneous Organic Chemical Manufacturing (40

Code of Federal Regulations Part 63, Subpart FFFF).

The Miscellaneous Organic Chemical Manufacturing Maximum

Achievable Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart FFFF, is incorporated by

reference as amended through December 22, 2008 (73 FR 78199)

[ July 14, 2006 (71 FR 40316) ].

§113.1040. Cellulose Products Manufacturing (40 Code of Federal

Regulations Part 63, Subpart UUUU).

The Cellulose Products Manufacturing Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart UUUU, is incorporated by reference as amended

through December 22, 2008 (73 FR 78199) [ April 20, 2006 (71 FR

20446) ].

§113.1090. [ Stationary ] Reciprocating Internal Combustion Engines

(40 Code of Federal Regulations Part 63, Subpart ZZZZ).

The [ Stationary ] Reciprocating Internal Combustion Engines Maxi

mum Achievable Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart ZZZZ, is incorporated by ref

erence as amended through March 9, 2011 (76 FR 12863) [ April 20,

2006 (71 FR 20446) ].

§113.1110. Semiconductor Manufacturing (40 Code of Federal Reg

ulations Part 63, Subpart BBBBB).

The Semiconductor Manufacturing Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart BBBBB, is incorporated by reference as amended

through July 22, 2008 (73 FR 42529) [ April 20, 2006 (71 FR 20446) ].

§113.1130. Industrial, Commercial, and Institutional Boilers and

Process Heaters Major Sources (40 Code of Federal Regulations Part

63, Subpart DDDDD).

The Industrial, Commercial, and Institutional Boilers and Process

Heaters Maximum Achievable Control Technology standard as spec

ified in 40 Code of Federal Regulations Part 63, Subpart DDDDD, is

incorporated by reference as amended through March 21, 2011 (76 FR

15608).

§113.1140. Iron and Steel Foundries (40 Code of Federal Regula

tions Part 63, Subpart EEEEE).

The Iron and Steel Foundries Maximum Achievable Control Tech

nology standard as specified in 40 Code of Federal Regulations Part

63, Subpart EEEEE, is incorporated by reference as amended through

February 7, 2008 (73 FR 7210) [ April 20, 2006 (71 FR 20446) ].

§113.1160. Site Remediation (40 Code of Federal Regulations Part

63, Subpart GGGGG).

The Site Remediation Maximum Achievable Control Technology stan

dard as specified in 40 Code of Federal Regulations Part 63, Subpart GGGGG, is incorporated by reference as amended through December

22, 2008 (73 FR 78199) [ November 29, 2006 (71 FR 69011) ].

§113.1170. Miscellaneous Coating Manufacturing (40 Code of Fed

eral Regulations Part 63, Subpart HHHHH).

The Miscellaneous Coating Manufacturing Maximum Achievable

Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart HHHHH, is incorporated by reference

as amended through December 22, 2008 (73 FR 78199) [ October 4,

2006 (71 FR 58499) ].

§113.1300. Coal- and Oil-Fired Electric Utility Steam Generating

Units (40 Code of Federal Regulations Part 63, Subpart UUUUU).

The Coal- and Oil-Fired Electric Utility Steam Generating Units Maxi

mum Achievable Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart UUUUU, is incorporated by

reference as amended through April 19, 2012 (77 FR 23399).

§113.1320. Hospital Ethylene Oxide Sterilizers Area Sources (40

Code of Federal Regulations Part 63, Subpart WWWWW).

The Hospital Ethylene Oxide Sterilizers Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart WWWWW, is incorporated by reference as adopted

December 28, 2007 (72 FR 73611).

§113.1340. Electric Arc Furnace Steelmaking Facilities Area

Sources (40 Code of Federal Regulations Part 63, Subpart YYYYY).

The Electric Arc Furnace Steelmaking Facilities Area Sources stan

dard as specified in 40 Code of Federal Regulations Part 63, Subpart

YYYYY, is incorporated by reference as adopted December 28, 2007

(72 FR 74088).

§113.1350. Iron and Steel Foundries Area Sources (40 Code of Fed

eral Regulations Part 63, Subpart ZZZZZ).

The Iron and Steel Foundries Area Sources Generally Available Con

trol Technology standard as specified in 40 Code of Federal Regula

tions Part 63, Subpart ZZZZZ, is incorporated by reference as adopted

January 2, 2008 (73 FR 226).

§113.1370. Gasoline Distribution Bulk Terminals, Bulk Plants, and

Pipeline Facilities Area Sources (40 Code of Federal Regulations Part

63, Subpart BBBBBB).

The Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline

Facilities Area Sources Generally Available Control Technology stan

dard as specified in 40 Code of Federal Regulations Part 63, Subpart

BBBBBB, is incorporated by reference as amended through January

24, 2011 (76 FR 4156).

§113.1380. Gasoline Dispensing Facilities Area Sources (40 Code of

Federal Regulations Part 63, Subpart CCCCCC).

The Gasoline Dispensing Facilities Area Sources Generally Available

Control Technology standard as specified in 40 Code of Federal Reg

ulations Part 63, Subpart CCCCCC, is incorporated by reference as

amended through January 24, 2011 (76 FR 4156).

§113.1390. Polyvinyl Chloride and Copolymers Production Area

Sources (40 Code of Federal Regulations Part 63, Subpart DDDDDD).

The Polyvinyl Chloride and Copolymers Production Area Sources

Generally Available [ Maximum Achievable ] Control Technology

standard as specified in 40 Code of Federal Regulations Part 63,

Subpart DDDDDD, is incorporated by reference as amended through

April 17, 2012 (77 FR 22848) [ adopted January 23, 2007 (72 FR

2930) ].

§113.1400. Primary Copper Smelting Area Sources (40 Code of Fed

eral Regulations Part 63, Subpart EEEEEE).

The Primary Copper Smelting Area Sources Generally Available

[ Maximum Achievable ] Control Technology standard as specified

in 40 Code of Federal Regulations Part 63, Subpart EEEEEE, is



## 38 TexReg 1818 March 15, 2013 Texas Registerincorporated by reference as amended through July 3, 2007 (72 FR

36363) [adopted January 23, 2007 (72 FR 2930)].

§113.1410. Secondary Copper Smelting Area Sources (40 Code of

Federal Regulations Part 63, Subpart FFFFFF).

The Secondary Copper Smelting Area Sources Generally Available

Control Technology [Maximum Achievable Control Technology] standard as specified in 40 Code of Federal Regulations Part 63, Subpart

FFFFFF, is incorporated by reference as amended through July 3, 2007

(72 FR 36363) [adopted January 23, 2007 (72 FR 2930)].

§113.1425. Paint Stripping and Miscellaneous Surface Coating at

Area Sources (40 Code of Federal Regulations Part 63, Subpart HHHHHH).

The Paint Stripping and Miscellaneous Surface Coating at Area

Sources Generally Available Control Technology standard as specified

in 40 Code of Federal Regulations Part 63, Subpart HHHHHH, is

incorporated by reference as amended through February 13, 2008 (73

FR 8408).

§113.1435. Industrial, Commercial, and Institutional Boilers Area

Sources (40 Code of Federal Regulations Part 63, Subpart JJJJJJ).

The Industrial, Commercial, and Institutional Boilers Area Sources

standard as specified in 40 Code of Federal Regulations Part 63, Subpart JJJJJJ, is incorporated by reference as adopted March 21, 2011 (76

FR 15554).

§113.1445. Acrylic and Modacrylic Fibers Area Sources (40 Code of

Federal Regulations Part 63, Subpart LLLLLL).

The Acrylic and Modacrylic Fibers Area Sources Generally Available

Control Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart LLLLLL, is incorporated by reference as

amended through March 26, 2008 (73 FR 15923).

§113.1450. Carbon Black Production Area Sources (40 Code ofFederal Regulations Part 63, Subpart MMMMMM).

The Carbon Black Production Area Sources Generally Available Control Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart MMMMMM, is incorporated by reference as

amended through March 26, 2008 (73 FR 15923).

§113.1455. Chemical Manufacturing Area Sources: Chromium

Compounds (40 Code of Federal Regulations Part 63, Subpart

NNNNNN).

The Chemical Manufacturing Area Sources: Chromium Compounds

Generally Available Control Technology standard as specified in 40

Code of Federal Regulations Part 63, Subpart NNNNNN, is incorporated by reference as amended through March 26, 2008 (73 FR 15923).

§113.1460. Flexible Polyurethane Foam Production and Fabrication Area Sources (40 Code of Federal Regulations Part 63, Subpart

OOOOOO).

The Flexible Polyurethane Foam Production and Fabrication Area

Sources Generally Available Control Technology standard as specified

in 40 Code of Federal Regulations Part 63, Subpart OOOOOO, is

incorporated by reference as amended through March 26, 2008 (73

FR 15923).

§113.1465. Lead Acid Battery Manufacturing Area Sources (40 Code

of Federal Regulations Part 63, Subpart PPPPPP).

The Lead Acid Battery Manufacturing Area Sources Generally Available Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart PPPPPP, is incorporated by reference as

amended through March 26, 2008 (73 FR 15923).

§113.1470. Wood Preserving Area Sources (40 Code of Federal Regulations Part 63, Subpart QQQQQQ).

The Wood Preserving Area Sources Generally Available Control Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart QQQQQQ, is incorporated by reference as amended through

March 26, 2008 (73 FR 15923).

§113.1475. Clay Ceramics Manufacturing Area Sources (40 Code of

Federal Regulations Part 63, Subpart RRRRRR).

The Clay Ceramics Manufacturing Area Sources Generally Available

Control Technology standard as specified in 40 Code of Federal Reg

ulations Part 63, Subpart RRRRRR, is incorporated by reference as adopted December 26, 2007 (72 FR 73180).

§113.1480. Glass Manufacturing Area Sources (40 Code of Federal

Regulations Part 63, Subpart SSSSSS).

The Glass Manufacturing Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart SSSSSS, is incorporated by reference as adopted De

cember 26, 2007 (72 FR 73180).

§113.1485. Secondary Nonferrous Metals Processing Area Sources

(40 Code of Federal Regulations Part 63, Subpart TTTTTT).

The Secondary Nonferrous Metals Processing Area Sources Generally

Available Control Technology standard as specified in 40 Code of Fed

eral Regulations Part 63, Subpart TTTTTT, is incorporated by refe r

ence as adopted December 26, 2007 (72 FR 73180).

§113.1495. Chemical Manufacturing Area Sources (40 Code of Fed

eral Regulations Part 63, Subpart VVVVVV).

The Chemical Manufacturing Area Sources Generally Available Con

trol Technology standard as specified in 40 Code of Federal Regu

lations Part 63, Subpart VVVVVV, is incorporated by reference as

amended through December 21, 2012 (77 FR 75740).

§113.1500. Plating and Polishing Area Sources (40 Code of Federal

Regulations Part 63, Subpart WWWWWW).

The Plating and Polishing Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regula

tions Part 63, Subpart WWWWWW, is incorporated by reference as

amended through September 19, 2011 (76 FR 57913).

§113.1505. Metal Fabrication and Finishing Area Sources (40 Code

of Federal Regulations Part 63, Subpart XXXXXX).

The Metal Fabrication and Finishing Area Sources Generally Avail

able Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart XXXXXX, is incorporated by reference

as adopted July 23, 2008 (73 FR 42978).

§113.1510. Ferroalloys Production Facilities Area Sources (40 Code

of Federal Regulations Part 63, Subpart YYYYYY).

The Ferroalloys Production Facilities Area Sources Generally Avail

able Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart YYYYYY, is incorporated by reference

as adopted December 23, 2008 (73 FR 78637).

§113.1515. Aluminum, Copper, and Other Nonferrous Foundries

Area Sources (40 Code of Federal Regulations Part 63, Subpart

ZZZZZZ).

The Aluminum, Copper, and Other Nonferrous Foundries Area

Sources Generally Available Control Technology standard as specified

in 40 Code of Federal Regulations Part 63, Subpart ZZZZZZ, is

incorporated by reference as amended through September 10, 2009

(74 FR 46493).

§113.1520. Asphalt Processing and Asphalt Roofing Manufacturing

Area Sources (40 Code of Federal Regulations Part 63, Subpart

AAAAAAA).

The Asphalt Processing and Asphalt Roofing Manufacturing Area

Sources Generally Available Control Technology standard as specified

in 40 Code of Federal Regulations Part 63, Subpart AAAAAAA, is

incorporated by reference as amended through March 18, 2010 (75

FR 12988).



## PROPOSED RULES March 15, 2013 38 TexReg 1819

## ♦ ♦ ♦ ♦ ♦ ♦ §113.1525. Chemical Preparations Industry Area Sources (40 Code

of Federal Regulations Part 63, Subpart BBBBBBB).

The Chemical Preparations Industry Area Sources Generally Available

Control Technology standard as specified in 40 Code of Federal Reg

ulations Part 63, Subpart BBBBBBB, is incorporated by reference as adopted December 30, 2009 (74 FR 69194).

§113.1530. Paints and Allied Products Manufacturing Area Sources

(40 Code of Federal Regulations Part 63, Subpart CCCCCCC).

The Paints and Allied Products Manufacturing Area Sources Gene r

ally Available Control Technology standard as specified in 40 Code of

Federal Regulations Part 63, Subpart CCCCCCC, is incorporated by

reference as amended through June 3, 2010 (75 FR 31317).

§113.1535. Prepared Feeds Manufacturing Area Sources (40 Code

of Federal Regulations Part 63, Subpart DDDDDDD).

The Prepared Feeds Manufacturing Area Sources Generally Available

Control Technology standard as specified in 40 Code of Federal Reg

ulations Part 63, Subpart DDDDDDD, is incorporated by reference as

amended through December 23, 2011 (76 FR 80261).

§113.1555. Polyvinyl Chloride and Copolymers Production Major

Sources (40 Code of Federal Regulations Part 63, Subpart HHHH

HHH).

The Polyvinyl Chloride and Copolymers Production Maximum

Achievable Control Technology standard as specified in 40 Code of

Federal Regulations Part 63, Subpart HHHHHHH, is incorporated by

reference as adopted April 17, 2012 (77 FR 22848).

This agency hereby certifies that the proposal has been reviewed

by legal counsel and found to be within the agency's legal author

ity to adopt.

Filed with the Office of the Secretary of State on March 1, 2013.

TRD-201300940

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: April 14, 2013

For further information, please call: (512) 239-0779



### 30 TAC §§113.150, 113.1190, 113.1200

(Editor's note: The text of the following sections proposed for repeal

will not be published. The sections may be examined in the offices of the

Texas Commission on Environmental Quality or in the Texas Register

office, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

Statutory Authority

The repeal is proposed under Texas Water Code (TWC), §5.103,

concerning Rules, and TWC, §5.105, concerning General Pol

icy, which authorize the commission to adopt rules necessary

to carry out its powers and duties under the TWC; and under

Texas Health and Safety Code (THSC), §382.017, concerning

Rules, which authorizes the commission to adopt rules consis

tent with the policy and purpose of the Texas Clean Air Act.

The repeal is also proposed under THSC, §382.002, concern

ing Policy and Purpose, which establishes the commission's pur

pose to safeguard the state's air resources, consistent with the

protection of public health, general welfare, and physical prop

erty; THSC, §382.011, concerning General Powers and Duties,

which authorizes the commission to control the quality of the

state's air; THSC, §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; THSC, §382.016, concerning Monitoring Requirements; Ex

amination of Records, which authorizes the commission to pre

scribe reasonable requirements for measuring and monitoring

the emissions of air contaminants; and THSC, §382.051, con

cerning Permitting Authority of the Commission; Rules, which

authorizes the commission to adopt rules as necessary to com

ply with changes in federal law or regulations applicable to per

mits issued under the Texas Clean Air Act.

The repeal implements THSC, §§382.002, 382.011, 382.012,

382.016, 382.017, and 382.051.

§113.150. Polyvinyl Chloride and Copolymers Production (40 CFR

63, Subpart J).

§113.1190. Brick and Structural Clay Products Manufacturing (40

Code of Federal Regulations Part 63, Subpart JJJJJ).

§113.1200. Clay Ceramics Manufacturing (40 Code of Federal Reg

ulations Part 63, Subpart KKKKK).

This agency hereby certifies that the proposal has been reviewed

by legal counsel and found to be within the agency's legal author

ity to adopt.

Filed with the Office of the Secretary of State on March 1, 2013.

TRD-201300939

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: April 14, 2013

For further information, please call: (512) 239-0779



## CHAPTER 290. PUBLIC DRINKING WATER

The Texas Commission on Environmental Quality (TCEQ,

agency, or commission) proposes amendments to §§290.42,

290.44, and 290.109.

Background and Summary of the Factual Basis for the Proposed

Rules

The purpose of the proposed amendments is to reflect changes

to the Texas Health and Safety Code (THSC), §341.042, made

during the 82nd Legislature, 2011, in House Bill (HB) 3372, §3

of HB 3391, and Senate Bill (SB) 1073. These changes relate to

rainwater harvesting systems (RWHS) that are connected to a public water system (PWS) and are intended for indoor potable

use (affected RWHS).

HB 3372, §3 of HB 3391, and SB 1073 amend THSC, §341.042,

Standards for Harvested Rainwater, by requiring the commission

to amend the existing rules for structures that are connected to

a PWS and have a RWHS by allowing these systems to be used

for indoor potable purposes. HB 3372, §3 of HB 3391, and SB

1073 amend THSC, §341.042, by adding requirements: for the

commission to coordinate with the Texas Department of State

Health Services (TDSHS) to develop rules, including safe drink

ing water standards and provisions for cross-connection protec

tion for the installation and maintenance of affected RWHS; that

the installation of affected RWHSs must be done by a master

plumber or a journeyman plumber with a Water Supply Protec

tion Specialist endorsement; and that a person who intends to

connect an affected RWHS to a PWS for potable purposes must

give written notice to, and receive consent from, the municipal

ity or the owner or operator of the PWS prior to installation. As

directed by the legislation, the executive director's staff worked



## 38 TexReg 1820 March 15, 2013 Texas Register

## 38 TexReg 1884 March 15, 2013 Texas Register Figur e I: 30 l AC Chapter 1 1 3-- Pr e amb 1e**--** ·· - - ·· - 40 C FR Pa rt 63 Subpart Section T it l e Ori g inal Incorpora tio n

(C hapter 113 Sedion) (Commis s ion Adoption)



### . ... 

## j Jun e 25

, 1 99 7 A(§113.100) General Provisions

G (§113.120) Sy nthetic Organic d;emical Manufac

- turing June 2S.I997 ····---



# I Indus try for Process Vent s, S t o ra ge Vessels,

I Transter Operations. and Wa s t ewa t e r I 

## ! H (§113.130) Organ ic Hazardous Air Pollut a nts for Equipment Jun e 25

, 1 997 

# ! Leaks

- ·· ---- - ·· - · - · · - · -· - l M 

### ( § 113 .1 80 ) Perc h loroethy l ene Dr y C k n nin g Fncil i ties 1 Oct o ber I 5

.**9~ 7**  __



### - -- - - j N (§ I 13.190) C hr o mium Emis si ons from Har d a nd Decorative 

# I Oc t o b e r 1 5

, 1997

! Chromium E le ct r op latin g. and C h ro m ium I i



### L**Anodizil!gTank~----** ....



# _ _ 

# I**R(~113.230)** Gaso line Distribution Faciliti e s June 2 5

, 1997



# - S(§l13.240) Pu lp and Paper Industry July 1 4

, 1 999

---···- 

### -- 

## - ······--- 

## u (§ 113.260) G roup I Polymers and Resin s Oct ober 7

, 1998



### .. _ .. 

### _ X(§ 113.290) Seco ndary Lead Smeltin g Jun e 2 5, 1997



### ' y**(~113.300)** Marine Tank Vessel L oa di n g Opera t io ns Jun e 25, 1 997

### ~ CC (§ I 13.340 ) Petroleum Ref i neri es October 1 5

, 1 997

1 HH (§ 113.3 90) O il a n d Nat ural Ga s P r o du ct i o n 1-' ac il it i cs Ju n e 1 4, 2 000

### 1 .. 1 ( § I 1 3 .400 ) S h ipbu i l din g and S h ip Repair J_S u rf ace Co at i ng ) October 7

, 1 998

JJ (§ 1 1 3. 4 10) Wood Furniture Manufncturing Opera tions July 1 4. 1 999

Printing and

### PL~iishing . . ... 

## _ KK 

### (§ 113.420) Oct ober 7. 1 99 8

Ge nerfc Maximum Achiev ab l e Co ntrol .. 

### yy (§ 113.560) June 14, 2 000

Tec hnology Standards

CCC(§ 113.600} S t ee l Pickling- HCI Proc e s s Fac ilities and Jun e 14, 20 00

H y drochloric Acid Regen eratio n Plants

.. 

# _ OOD 

### (§ 113.61 0) Min e ral Wool Producti on June 1 4

, 2000

EEE (§1 13

. 620) H azardous Waste Co m b u s tors Ju l y 14

, 1999

GGG (§113. 64 0) Pharmaceut ica l s Producti o n Ju l y 1 4

, 1999

HHH (§ 11 3.650) Natural Gas Transmissi o n an d S t o rage Fa c il it i es Jun e 1 4

, 2000

JJJ**(~** 113.670 ) Group IV Polymers and Re s in s October 7

, 1998

LLL (§113.690) P o rtland Cement Manufa cturi n g Industry Jun e 1 4, 200 0

TTT(§II3.770) Primary l.ead Processin g June 1 4

, 2 000



# vvv (§113.790) Publicly Owned Treatmen t W o rks Jun e 14, 2 000

EEF.E 

### (§ 113.880) O rganic Liquids Distributi on ( N o n

- Gasoline) May 25

, 20 05

FFFF (§ 113.890) Miscellaneous Organic C h emicn l Manufacturing Ma y 25 ,2 005



# --

uuuu (§113.1040) Cellu l os e Product s Manufacturing June 18

, 2003



### Zll.:Z 

### (§ 1 1 3 .10 90) R ec ip rocat i ng I nte rn al Com b u s ti o n En g ine s May 25, 2005



### BBl313B ( § 113.11 1 0) Semiconduc t o r Manufacturin !; May 25

, 2005

EEEEE 

### (§ \ 13. 11 40) Ir o n and St ee l Foundries May 25

, 2 005

GGGGG 

### (§ l 

### !3

. 116 0) S it e Remediation Ma y 25

, 2005



# -- HHHF-H·! (§I 13.1 170 ) Mi sc ellaneous Coating Manu fact uring May 25

, 2005

DDDDDD 

### (§ 113.1390 ) Po lyvinyl Chloride and Cop o lym e rs Production Dec e mb e r 5, 2007

Area Sources

EEEEE E (§113.1400) Primary Copper Smelting Area So urces Decemb e r 5

, 2 007

FFFFFF 

### (§ 113.14 10) Secon dary Copper Sm elti n g Area So urces December 5. 2007

## TABLES AND GRAPHICS March 15, 2013 38 TexReg 1885 Fig ur e 2: 30 T AC Cha p t e r 1 13--P r eam ble

4 0 CFR Part 63 Sub p art Section Title

(Chapter 11 3 Section)

DDD DD (*II3.11 3 0) Indu str ial. Comm e r cia l. and Insti tu tional B o il ers a nd Process He aters



# - Major S o u rces

U UUUU ( § I 1 3

. 1 300) Coal- and Oi l

- fir ed E l e ctric Utility St ea m Generating U nits

·----··- - - ....... 

### WWWW\V (§11 3

. 13 2 0)**Ho~pital** 

### Ethyl ene Ox ide Steriliz e rs Area**Sour ce~** 



### ...... ----- -··

.. ... · - 

### YYYYY (§I 1 3.1340) Electric Ar c Furnace Stee lmaking Facilit ies Area Sourccc;



# zzzzz (§ 

### 1 1 3.1350) I ro n and S t eel Foundries Area So ur ces

BBBBB B (§ 

### 113.13 70) Gaso l ine Di st r ib uti on Bulk Termina l s

, B u l k P lants

, and Pipeline

Fa ci l i ties Area So ur c e s

- 

# ccc ccc (§ 

### 11 3.1 380) Gasoline Dispen sing Facilities Area Source s

J-11-11-!HI I H (§ 

### 11 3.1 t l25) Paint Strippin g and Miscellaneous Surface Coating a t Area

### S;-~1rc~.**~** 

### J J JJJJ (§ 11 3. 1 43 5) Industri a l

, Comm erc ia l. and Instituti ona l Boil ers Area So urces**~·---** 

### L LLLLL ( § 

### 1 13. 1 44 5) Acrylic a n d M odacry l ic fibers Area Source s

MMMMMM (§11 3

. 1 450} Carbon Black P r oductio n Area Sources

-- 

### NNNNNN (§ 

### 11 3

. 1 455 ) Chemical Manufacturing Area Sources : Chr omi um Compo unds



### 000000 ( § 11 3 .1 460 ) Flexib l e P o lyur e than e F oa m Pro d u c t io n a n d Fab ri cat i o n Area Sour ces

PPPPPP (§ 

### 11 3

. 146 5) Lead Acid Ba ttery Manuf acturing Area Sources

.. . . 

### -r·-

· · 

### QQQQ Q Q 

### (§ 1 13. 1 470) Wood Pres erving Area Sources



## -- RRRRRR 

## C* 113.1475) Clay Ceramic s Manufacturing Area Sour ces

SSSS SS (§I 13.1 480) Gl ass M anufacturin g Area Sour ce s

T TTTTT ( § 

### 11 3. 1 485) Secondary Nonf erro u s Meta l s Proce ss in g Ar ea So urces



# vv vvvv (§113

. 1 495) C hemi ca l Manu factur ing Area Sour ces



# wwwwww ( § 11 3. 1 500) Plating and Poli s h ing Area Sources

·- · - 

### XXXXXX (§I 13.1 505) Metal Fabri cation and Finishing Area Sources

YYYYYY ( § 1 13. 1 5 10 ) Fer r o all oys Pr oductio n Fa c ilit i es Area Source s



# zzzzzz (§ 113. 1 5 1 5 ) Alum i n um

, Coppe r

, and ot her No nfe r r ous F o u nd ri es Area So urce s

AAAAAAA (§113

. 1 52 0) Asphalt Pr ocessing and A s phalt Roofin g Manufacturing Area Sour ces

l3I3BBBBB ( § 

### 113.1525) Ch e mical Prep a r ations Industry Area Sour ces



# ccc cc cc (§11 3.1530 ) Paints an d Alli ed Products Manufactur ing Ar ea So urces

DDDDDDD (§ 1 1 3

. 15 35 ) Prepared Feed s Manufact u r in g Area Source s

HHHHHIIH (§ 

### 11 3. I 555} Polyvinyl Chloride a nd Copolym e rs Producti on M ajo r Sources

## 38 TexReg 1886 March 15, 2013 Texas Register Figure 3: 30 T AC Chapter 113--Preamble

Date of Change to 40 CFR §63.14 FR Citation

July 16, 2007 72 FR 38864

October 29, 2007 72 FR 61060

November 16, 2007 72 FR 64860

December 26, 2007 72 FR 73180

December 28. 2007 72 FR 74088

January 2. 2008 73 FR 226

January 9, 2008 73 FR 1738

January I 0, 2008 73 FR 1915

January 18, 2008 73 FR 3568

February 7. 2008 73 FR 7210

March 7, 2008 73 FR 12275

July 23, 2008 73 FR 42978

June 25, 2009 74 FR 30366

October 28, 2009 74 FR 55670

November 23, 2009 74 FR 61037

June 18, 20 I 0 75 FR 34647

September 9, 2010 75 FR 54970

January 24, 2011 76 FR 4156

February 17, 2011 76 FR 9450

March 21,2011 76 FR 15554

March 21,2011 76 FR 15608

May 18,201 I 76 FR 28662

May 26, 2011 76 FR 30545

January 5, 20 12 77 FR 556

February 16, 20 12 77 FR 9304

April 17, 2012 77 FR 22848

August 16, 2012 77 FR 49490

September I I. 20 12 77 FR 55698

## ♦ ♦ ♦ for certain types of facilities; §382.051961, concerning permit

for certain Oil and Gas Facilities, which establishes specific

requirements and analyses that must be conducted before the

commission may adopt a new, or amend an existing permit by

rule or standard permit for oil and gas facilities; §382.051962,

concerning Authorization for Planned Maintenance, Startup or

Shutdown Activities Relating to Certain Oil and Gas Facilities

which extended the deadline for owners or operators of oil and

gas facilities to submit an application to authorize maintenance,

startup, and shutdown emissions to January 5, 2014; and

§382.057, concerning Exemption, which authorizes exemptions

from permitting.

The adopted new rule implements THSC, §§382.002,

382.011, 382.012, 382.017, 382.051, 382.05196, 382.051961,

382.051962, and 382.057.

§106.359. Planned Maintenance, Startup, and Shutdown (MSS) at

Oil and Gas Handling and Production Facilities.

(a) Applicability. This section applies to certain authorized oil

and gas handling or production facilities or sites, and authorizes emissions from planned maintenance, startup, and shutdown (MSS) facilities and activities, and any associated emission capture and control

facilities, if all of the applicable requirements of this section are met.

(1) This section does not apply to oil and gas handling or production facilities or sites authorized under §106.352(a) - (k) of this

title (relating to Oil and Gas Handling and Production Facilities), subsections (a) - (k) of the non-rule Air Quality Standard Permit for Oil

and Gas Handling and Production Facilities, §106.355 of this title (relating to Pipeline Metering, Purging, and Maintenance), or Subchapter

U of this chapter (relating to Tanks, Storage, and Loading).

(2) This section may not be used to supersede an existing

authorization for planned MSS under this chapter or §116.620 of this

title (relating to Installation and/or Modification of Oil and Gas Facilities) unless any previously represented emission control methods, techniques, and devices remain in use and there is no resulting increase in

hourly emissions.

(b) Activities. Planned MSS activities and facilities authorized by this section include the following:

(1) engine, compressor, turbine, and other combustion facilities maintenance;

(2) repair, adjustment, calibration, lubrication, and cleaning of site process equipment;

(3) replacement of piping components, pneumatic controllers, boiler refractories, wet and dry seals, meters, instruments,

analyzers, screens, and filters;

(4) turbine or engine component swaps;

(5) piping used to bypass a facility during maintenance;

(6) planned MSS activities with the same character and

quantity of emissions as those listed in paragraphs (1) - (5) of this

subsection;

(7) pigging and purging of piping;

(8) blowdowns;

(9) emptying, purging, degassing, or refilling of process equipment, storage tanks and vessels (except landing floating roof

tanks for convenience purposes), if subparagraphs (A) - (C) of this

paragraph are met. (A) all contents from process equipment or tanks must

be removed to the maximum extent practicable prior to opening facilities to commence degassing and maintenance.

(B) facilities must be degassed using best management

practices to ensure air contaminants are removed from the system to

the extent allowed by facility design.

(C) tanks may be emptied or degassed by forced ventilation if:

(i) only one vacuum truck is in use at any time;

(ii) emissions are directed out the top of the tank; or

(iii) emissions are routed through a closed system to

a control device.

(10) abrasive blasting, surface preparation, and surface

coating of facilities and structures used at the site in oil and gas handling and production.

(c) Best Management Practices.

(1) All facilities with the potential to emit air contaminants

must be maintained in good condition and operated properly.

(2) Each permit holder shall establish, implement, and update, as appropriate, a program to maintain and repair facilities as required by paragraph (1) of this subsection. The minimum requirements

of this program must include:

(A) a maintenance program developed by the permit

holder for all facilities that is consistent with good air pollution control practices, or alternatively, manufacturer's specifications and recommended programs applicable to facility performance and the effect

on emissions;

(B) cleaning and routine inspection of all facilities;

(C) repair of facilities on timeframes that minimize failures and maintain performance;

(D) training of personnel who implement the maintenance program; and

(E) records of conducted planned MSS activities.

This agency hereby certifies 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 Office of the Secretary of State on August 2, 2013.

TRD-201303165

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: September 10, 2013

Proposal publication date: March 15, 2013

For further information, please call: (512) 239-2141



## CHAPTER 113. STANDARDS OF

PERFORMANCE FOR HAZARDOUS AIR

POLLUTANTS AND FOR DESIGNATED

FACILITIES AND POLLUTANTS

SUBCHAPTER C. NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

ADOPTED RULES August 16, 2013 38 TexReg 5295

## POLLUTANTS FOR SOURCE CATEGORIES

(FCAA, §112, 40 CFR PART 63)

The Texas Commission on Environmental Quality (TCEQ,

agency, or commission) adopts amendments to §§113.100,

113.120, 113.130, 113.180, 113.190, 113.230, 113.240, 113.260,

113.290, 113.300, 113.340, 113.390, 113.400, 113.410, 113.420,

113.560, 113.600, 113.610, 113.620, 113.640, 113.650, 113.670,

113.690, 113.770, 113.790, 113.880, 113.890, 113.1040,

113.1090, 113.1110, 113.1140, 113.1160, 113.1170, 113.1390,

113.1400, and 113.1410; adopts the repeal of §§113.150,

113.1190, and 113.1200; and adopts new §§113.1130, 113.1300,

113.1320, 113.1340, 113.1350, 113.1370, 113.1380, 113.1425,

113.1435, 113.1445, 113.1450, 113.1455, 113.1460, 113.1465,

113.1470, 113.1475, 113.1480, 113.1485, 113.1495, 113.1500,

113.1505, 113.1510, 113.1515, 113.1520, 113.1525, 113.1530,

113.1535, and 113.1555.

Sections 113.100, 113.690, 113.1090, 113.1130, 113.1300, and

113.1435 are adopted with changes to the proposed text. All

other sections and the repeal are adopted without changes to

the proposed text and, therefore, will not be republished. The

amendments, repeal, and new sections adopted in this action

were proposed in the March 15, 2013, issue of the Texas Regis

ter (38 TexReg 1801).

Background and Summary of the Factual Basis for the Adopted

Rules

The adopted amendments revise Chapter 113, Standards of Per

formance for Hazardous Air Pollutants and for Designated Fa

cilities and Pollutants, to incorporate by reference changes that

the United States Environmental Protection Agency (EPA) has

made to the National Emission Standards for Hazardous Air Pol

lutants (NESHAP) for Source Categories, under 40 Code of Fed

eral Regulations (CFR) Part 63. The EPA's changes to 40 CFR

Part 63 include amendments to a number of existing NESHAPs

and the promulgation of a number of new NESHAPs. In addi

tion, three NESHAPs have been vacated by court actions since

the last time Chapter 113 was revised.

The adopted amendments to Chapter 113 incorporate by ref

erence amendments and additions that the EPA made to the

NESHAP under 40 CFR Part 63 as published through April 30,

2013. These standards are required by the Federal Clean Air

Act (FCAA) Amendments of 1990, §112, which requires the

EPA to develop national technology-based standards for new

and existing sources of hazardous air pollutants (HAPs) listed

in FCAA, §112. These technology-based standards are com

monly called maximum achievable control technology (MACT)

and generally available control technology (GACT) standards.

The MACT standards are generally 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. The GACT

standards reflect a less stringent level of control (relative to

MACT) and are intended to be applied to non-major sources of

HAPs, known as area sources. The EPA has the option to apply

either MACT or GACT to area sources, at their discretion.

The adopted new sections would incorporate 25 recently-pro

mulgated MACT and GACT standards for a variety of area

source categories by reference. The new sections would also

incorporate three new MACT standards covering certain major

source categories by reference. The commission also adopts the repeal of three existing sections

of Chapter 113, as those sections reference MACT standards

that have been vacated by court decisions and are no longer in

effect. The repealed sections are §113.150, Polyvinyl Chloride

and Copolymers Production (40 CFR 63, Subpart J); §113.1190,

Brick and Structural Clay Products Manufacturing (40 Code of

Federal Regulations Part 63, Subpart JJJJJ); and §113.1200,

Clay Ceramics Manufacturing (40 Code of Federal Regulations

Part 63, Subpart KKKKK).

Under federal law, affected industries are required to implement

the MACT and GACT standards regardless of whether the com

mission or the EPA is the agency responsible for implementation.

As MACT and GACT standards are promulgated or amended by

the EPA, they are reviewed by commission staff for compatibility

with current commission regulations and policies. The commis

sion then incorporates them, as appropriate, into Chapter 113

through the formal rulemaking procedures. Unless otherwise

noted, all incorporations by reference in this rulemaking are with

out change (meaning that the standards are incorporated as pub

lished, with no modifications to the text of the regulation being in

corporated). After each MACT or GACT standard or amendment

is adopted, the commission will seek formal delegation from the

EPA under 40 CFR Part 63, Subpart E, Approval of State Pro

grams and Delegation of Federal Authorities, which implements

FCAA, §112(l). Upon delegation, the commission will be respon

sible for administering and enforcing the MACT or GACT require

ments.

The commission adopts the incorporation of the following

amendments that the EPA has made to the 40 CFR Part 63,

General Provisions, and the federal MACT and GACT 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 specifically in the Section by Section Discussion in this pream

ble. The 36 amended standards, along with their corresponding

Chapter 113 sections and original incorporation dates, are listed

in the following table (Figure 1).

Figure 1: 30 TAC Chapter 113--Preamble

The commission also incorporates by reference, without change,

28 recently-promulgated federal MACT and GACT standards not

currently included in Chapter 113, as summarized in the following

table (Figure 2).

Figure 2: 30 TAC Chapter 113--Preamble

At the time this rulemaking was proposed, certain major source

and area source regulations were undergoing reconsideration

by EPA. These regulations included the standards for Indus

trial, Commercial, and Institutional Boilers (both major and area sources); Coal- and Oil-fired Electric Utility Steam Generating

Units; and Portland Cement Manufacturing. The commission

provided information regarding these reconsideration actions in

the Section by Section Discussion of the proposal preamble. The

commission requested comments regarding the incorporation by

reference of all final reconsideration actions by the EPA, regard

less of whether or not the reconsideration action was specifi

cally identified in the proposed rulemaking. No comments were

received on the potential incorporation by reference of the stan

dards under reconsideration, so the TCEQ is incorporating the

final versions of these standards in this rulemaking. More details

on the incorporation of the standards which were under recon

sideration are provided in the Section by Section Discussion.



## 38 TexReg 5296 August 16, 2013 Texas RegisterThis rulemaking does not include the EPA's recently-promul

gated standard for Gold Mine Ore Processing and Production

Area Sources (40 CFR 63 Subpart EEEEEEE) as, based on

a review of agency records, it appears that Texas does not

currently have a significant gold ore processing industry. The

commission solicited comment on whether there are any facili

ties in Texas which would be subject to the NESHAP for Gold

Mine Ore Processing and Production Area Sources, but no

comments were received.

For implementation and enforcement of the area source stan

dards, the commission generally intends to follow the approach

outlined in the EPA's Area Source Rule Implementation Guid

ance dated June 4, 2010. This guidance can be found on EPA's

Web site at http://www.epa.gov/ttn/atw/area/areaguidance.pdf

. The guidance prioritizes the area source standards based on

environmental impact and the potential for emission reductions.

Group 1 standards have the highest potential for emission re

ductions and environmental impact, with Groups 2 and 3 hav

ing a lower potential for emission reductions and environmen

tal impact. The EPA's guidance explains that for Group 1 stan

dards, the EPA recommends an approach using direct compli

ance monitoring and enforcement. For the Group 2 and Group

3 standards, the EPA recommends the use of compliance as

sistance and outreach programs as the primary means of imple

mentation and enforcement.

Section by Section Discussion

§113.100, General Provisions (40 Code of Federal Regulations

Part 63, Subpart A)

The commission adopts the amendment to §113.100 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart A

since this section was last amended. During this period, the EPA

amended Subpart A on May 6, 2008 (73 FR 24870), December

22, 2008 (73 FR 78199), September 13, 2010 (75 FR 55636),

November 12, 2010 (75 FR 69348), and August 11, 2011 (76

FR 49669). The EPA also made numerous amendments to 40

CFR §63.14, Subpart A, which are addressed in a separate para

graph of this Section by Section Discussion. The May 6, 2008,

amendments to Subpart A revised 40 CFR §63.13(a), Addresses

of State air pollution control agencies and EPA Regional Offices,

to update the mailing address used to submit reports and corre

spondence to EPA Region VIII. The December 22, 2008, amend

ments revised 40 CFR §63.11, Control device and work practice

requirements, to allow an alternative work practice using optical

gas imaging technology as a method to meet leak detection and

repair requirements. The September 13, 2010, amendments re

vised the General Provisions to allow accredited providers to

supply stationary source audit samples and to require sources

to obtain and use these samples from the accredited providers

instead of from the EPA, and relocated all requirements pertain

ing to audit samples from the test methods themselves into the

General Provisions. The November 12, 2010, amendments re

vised 40 CFR §63.13(a) to update the mailing address used to

submit reports and correspondence to EPA Region IX. The Au

gust 11, 2011, amendments revised 40 CFR §63.13(a) to update

the mailing address used to submit reports and correspondence

to EPA Region I. Although the changes to EPA Regional mail

ing addresses described in this paragraph do not affect states in

EPA Region VI such as Texas, it is administratively more efficient

to include these amendments than to specifically exclude them.

The amendments to 40 CFR Part 63, Subpart A incorporated

by reference in this action also include all revisions to 40 CFR

§63.14, Incorporations by reference, adopted by the EPA on or before April 30, 2013. During this period, 40 CFR §63.14 was

amended by the EPA numerous times to update test methods

and reference documents as needed to support the standards

in 40 CFR Part 63. The individual changes to 40 CFR §63.14

can be found by consulting the List of CFR Sections Affected,

published by the Office of the FR, National Archives and Records

Administration. A table (Figure 3) showing the FR publication

dates and page numbers associated with the amendments to 40

CFR §63.14 follows.

Figure 3: 30 TAC Chapter 113--Preamble

All of these revisions to 40 CFR §63.14 are incorporated by ref

erence as part of the amendments to §113.100. The most recent

revision date to §63.14 was February 1, 2013, which is the date

cited in §113.100 for the incorporation of Subpart A.

The commission also amends §113.100 to replace the term

"his/her" with more general terminology consistent with current

rule writing practices.

§113.120, Synthetic Organic Chemical Manufacturing Industry

for Process Vents, Storage Vessels, Transfer Operations, and

Wastewater (40 Code of Federal Regulations Part 63, Subpart

G)

The commission adopts the amendment to §113.120 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

G since this section was last amended. During this period, the

EPA amended Subpart G on December 22, 2008 (73 FR 78199).

The December 22, 2008, amendments added references to Sub

part G to allow an alternative work practice using optical gas imaging technology as a method to meet leak detection and re

pair requirements.

§113.130, Organic Hazardous Air Pollutants for Equipment

Leaks (40 Code of Federal Regulations Part 63, Subpart H)

The commission adopts the amendment to §113.130 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

H since this section was last amended. During this period, the

EPA amended Subpart H on December 22, 2008 (73 FR 78199).

The December 22, 2008, amendments added references to Sub

part H to allow an alternative work practice using optical gas imaging technology as a method to meet leak detection and re

pair requirements.

§113.150, Polyvinyl Chloride and Copolymers Production (40

CFR 63, Subpart J)

The commission adopts the repeal of §113.150, as the corre

sponding MACT standard was vacated by the decision of the

United States Court of Appeals for the District of Columbia Circuit

in Mossville Env. Action Now v. EPA, 370 F. 3d 1232, on June

18, 2004, and is no longer in effect. The EPA has promulgated

revised standards for polyvinyl chloride (PVC) production in re

sponse to the vacatur of Subpart J, and the commission is also

incorporating the revised standards as part of this rulemaking, in

new §113.1555, Polyvinyl Chloride and Copolymers Production

Major Sources (40 Code of Federal Regulations Part 63, Subpart

HHHHHHH), in addition to incorporating revised standards for

PVC production at area sources in §113.1390, Polyvinyl Chloride

and Copolymers Production Area Sources (40 Code of Federal

Regulations Part 63, Subpart DDDDDD). These revised stan

dards for PVC production are further addressed in the Section by

Section Discussion for amended §113.1390 and new §113.1555.

§113.180, Perchloroethylene Dry Cleaning Facilities (40 Code of

Federal Regulations Part 63, Subpart M)



## ADOPTED RULES August 16, 2013 38 TexReg 5297The commission adopts the amendment to §113.180 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part M since this section was last amended. During this period,

the EPA amended Subpart M on July 11, 2008 (73 FR 39871).

The July 11, 2008, amendments corrected erroneous cross ref

erences, corrected typographical errors in the rule text, and clar

ified monitoring requirements.

§113.190, Chromium Emissions from Hard and Decorative

Chromium Electroplating and Chromium Anodizing Tanks (40

Code of Federal Regulations Part 63, Subpart N)

The commission adopts the amendment to §113.190 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part N since this section was last amended. During this period,

the EPA amended Subpart N on September 19, 2012 (77 FR

58220). The September 19, 2012, amendments finalized the

EPA's residual risk and technology review for this source cate

gory. The amendments included revisions to the emissions limits

for total chromium; the addition of housekeeping requirements to

minimize fugitive emissions; and a requirement to phase-out the

use of perfluorooctane sulfonic acid based fume suppressants.

In addition, the amendments revised testing, monitoring, recordkeeping, and reporting requirements; revised regulatory provi

sions related to emissions during periods of startup, shutdown,

and malfunction (SSM); and added provisions to provide for an

affirmative defense against civil penalties.

§113.230, Gasoline Distribution Facilities (40 Code of Federal

Regulations Part 63, Subpart R)

The commission adopts the amendment to §113.230 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

R since this section was last amended. During this period, the

EPA amended Subpart R on December 22, 2008 (73 FR 78199).

The December 22, 2008, amendments added references to Sub

part R to allow an alternative work practice using optical gas imaging technology as a method to meet leak detection and re

pair requirements.

§113.240, Pulp and Paper Industry (40 Code of Federal Regu

lations Part 63, Subpart S)

The commission adopts the amendment to §113.240 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

S since this section was last amended. During this period, the

EPA amended Subpart S on September 11, 2012 (77 FR 55698).

The September 11, 2012, amendments finalized the EPA's resid

ual risk and technology review for this source category. The

amendments included a requirement for five-year repeat emis

sions testing for selected process equipment; revisions to pro

visions addressing periods of SSM; a requirement for electronic

reporting of performance test results; additional test methods for

measuring methanol emissions; and other technical and edito

rial changes.

§113.260, Group I Polymers and Resins (40 Code of Federal

Regulations Part 63, Subpart U)

The commission adopts the amendment to §113.260 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

U since this section was last amended. During this period, the

EPA amended Subpart U on December 22, 2008 (73 FR 78199)

and April 21, 2011 (76 FR 22566). The December 22, 2008,

amendments added references to Subpart U to allow an alter

native work practice using optical gas imaging technology as a

method to meet leak detection and repair requirements. The

April 21, 2011, amendments finalized the EPA's residual risk and technology review for this source category (which consists of fa

cilities producing butyl rubber, epichlorohydrin elastomers, ethy

lene propylene rubber, HypalonTM, neoprene, nitrile butadiene

rubber, polybutadiene rubber, polysulfide rubber, and styrene

butadiene rubber and latex). The April 21, 2011, amendments

also included revisions related to emissions during periods of

SSM; revisions addressing electronic submission of emission

test results; and provisions to provide for an affirmative defense

against civil penalties.

§113.290, Secondary Lead Smelting (40 Code of Federal Reg

ulations Part 63, Subpart X)

The commission adopts the amendment to §113.290 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart X

since this section was last amended. During this period, the EPA

amended Subpart X on January 5, 2012 (77 FR 556). The Jan

uary 5, 2012, amendments finalized the EPA's residual risk and

technology review for this source category. These amendments

included revisions to the emissions limits for lead compounds;

revisions to the standards for fugitive emissions; the addition of

total hydrocarbon and dioxin and furan emissions limits for re

verberatory and electric furnaces; the addition of a work practice

standard for mercury emissions; the modification and addition

of testing and monitoring, recordkeeping, and reporting require

ments and related notifications; revisions to provisions related

to emissions during periods of SSM; and minor corrections for

editorial purposes and plain language corrections.

§113.300, Marine Tank Vessel Loading Operations (40 Code of

Federal Regulations Part 63, Subpart Y)

The commission adopts the amendment to §113.300 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart Y

since this section was last amended. During this period, the EPA

amended Subpart Y on April 21, 2011 (76 FR 22566). The April

21, 2011, amendments finalized the EPA's residual risk and tech

nology review for this source category. The amendments added

standards for two subcategories of marine vessel loading facili

ties for which the current MACT standards did not include emis

sion standards. For these source categories, the EPA added a requirement for the facilities to perform submerged filling. The

amendments also eliminated the exemption for SSM emissions,

and revised the SSM-associated monitoring, recordkeeping, and

reporting requirements to require reporting and recordkeeping

for periods of malfunction. The amendments also added pro

visions for an affirmative defense against civil penalties for ex

ceedances of emission standards caused by malfunctions, as

well as criteria for establishing the affirmative defense. Addition

ally, the amendments required the electronic submittal of per

formance test data to increase the ease and efficiency of data

submittal and to improve data accessibility. In addition, the com

mission adopts an amendment to update the name of this source

category and this section to Marine Tank Vessel Loading Oper

ations.

§113.340, Petroleum Refineries (40 Code of Federal Regula

tions Part 63, Subpart CC)

The commission adopts the amendment to §113.340 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part CC since this section was last amended. During this pe

riod, the EPA amended Subpart CC on October 28, 2009 (74

FR 55670) and June 30, 2010 (75 FR 37730). The October 28,

2009, amendments added leak detection requirements for heat

exchange systems in organic HAP service. In addition, the Octo

ber 28, 2009, amendments deleted methyl ethyl ketone from the



## 38 TexReg 5298 August 16, 2013 Texas Registerlist of HAPs in Tables 1 and 7 because this compound has been

delisted as a HAP. The June 30, 2010, amendments made cor

rections for typographical errors and inadvertent errors to section

references, and made additional clarifying amendments to Sub

part CC.

§113.390, Oil and Natural Gas Production Facilities (40 Code of

Federal Regulations Part 63, Subpart HH)

The commission adopts the amendment to §113.390 by incor

porating by reference, without change, all amendments to 40

CFR Part 63, Subpart HH, made by the EPA since this section

was last amended. During this period, the EPA amended Sub

part HH on December 22, 2008 (73 FR 78199) and August 16,

2012 (77 FR 49490). The December 22, 2008, amendments

added references to Subpart HH to allow an alternative work

practice using optical gas imaging technology as a method to

meet leak detection and repair requirements. The August 16,

2012, amendments finalized the residual risk and technology re

view for this source category, and included new emission lim

its reflecting MACT for certain previously uncontrolled emission

sources in this source category (such as small glycol dehydra

tors). The August 16, 2012, amendments also revised leak de

tection and repair requirements; testing and monitoring require

ments; and notification, recordkeeping and reporting require

ments. In addition, the August 16, 2012, amendments elimi

nated the exemption for SSM emissions, and added provisions

for an affirmative defense for exceedances of emission stan

dards caused by malfunctions.

The August 16, 2012, final rule is being challenged by multi

ple petitioners through reconsideration requests to EPA and pe

titions for review in the District of Columbia Court of Appeals;

however, it remains effective and applicable to affected sources.

The commission solicited comment on whether to incorporate

the currently effective Subpart HH, or to postpone incorporation

of Subpart HH until after any reconsideration actions or court

actions were resolved, but received no comment. Since the Au

gust 16, 2012, final rule is effective and applicable to affected

sources, the commission is adopting the incorporation by refer

ence at this time.

§113.400, Shipbuilding and Ship Repair (Surface Coating) (40

Code of Federal Regulations Part 63, Subpart II)

The commission adopts the amendment to §113.400 to reflect

the EPA's withdrawal of the December 29, 2006, direct final

amendments (71 FR 78369), and to incorporate by reference

amendments promulgated by the EPA on November 21, 2011

(76 FR 72050). The December 29, 2006, direct final amend

ments were included in the last revision to §113.400. However,

the EPA withdrew the December 29, 2006, direct final amend

ments on February 27, 2007 (72 FR 8630) due to adverse

comments and the amendments are no longer in effect. The

November 21, 2011, amendments finalized the EPA's residual

risk and technology review for this source category, and also

revised the requirements relating to emissions during periods

of SSM to eliminate the malfunction exemption. In addition, the

November 21, 2011, amendments provided for an affirmative

defense against potential violations of emission standards

caused by malfunctions.

§113.410, Wood Furniture Manufacturing Operations (40 Code

of Federal Regulations Part 63, Subpart JJ)

The commission adopts the amendment to §113.410 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

JJ since this section was last amended. During this period, the EPA amended Subpart JJ on November 21, 2011 (76 FR 72050).

These amendments finalized the EPA's residual risk and technol

ogy review for this source category, added two alternate compli

ance options for emissions of formaldehyde, and finalized a pro

hibition on the use of conventional spray guns. The November

21, 2011, amendments also included clarifying language to bet

ter identify the types of operations subject to Subpart JJ. These

amendments also eliminated the SSM malfunction exemption,

provided for other revisions related to emissions during SSM,

provided for an affirmative defense against potential violations

of emission standards caused by malfunctions, and added re

quirements for electronic reporting of performance test results.

§113.420, Printing and Publishing (40 Code of Federal Regula

tions Part 63, Subpart KK)

The commission adopts the amendment to §113.420 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part KK since this section was last amended. During this period,

the EPA amended Subpart KK on April 21, 2011 (76 FR 22566).

The April 21, 2011, amendments finalized the EPA's residual

risk and technology review conducted for this source category.

The amendments also eliminated the SSM exemption, provided

for other revisions related to emissions during SSM, and pro

vided for an affirmative defense for exceedances of emission

standards caused by malfunctions. The amendments also ad

dressed electronic submission of performance test results.

§113.560, Generic Maximum Achievable Control Technology

Standards (40 Code of Federal Regulations Part 63, Subpart

YY)

The commission adopts the amendment to §113.560 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

YY since this section was last amended. During this period, the

EPA published a CFR correction to Subpart YY, on June 29, 2007

(72 FR 35663). A CFR correction is a correction of a minor error

in the CFR which is not subject to public comment. The June

29, 2007, CFR correction added a definition of organic HAP to

40 CFR §63.1103, Source Category-Specific Applicability, Defi

nitions, and Requirements.

§113.600, Steel Pickling - HCl Process Facilities and Hydrochlo

ric Acid Regeneration Plants (40 Code of Federal Regulations

Part 63, Subpart CCC)

The commission adopts the amendment to §113.600 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

CCC since this section was last amended. During this period,

the EPA amended Subpart CCC on September 19, 2012 (77 FR

58220). The September 19, 2012, amendments finalized the

EPA's residual risk and technology review for this source cate

gory. The amendments deleted an alternative compliance option

provided in the original rule because it allowed a source to es

tablish a source specific limit, which could be less stringent than

MACT. The September 19, 2012, amendments also eliminated

the SSM exemption, provided for other revisions related to emis

sions during SSM, and provided for an affirmative defense for

exceedances of emission standards caused by malfunctions. In

addition, the amendments addressed electronic submission of

performance test results.

§113.610, Mineral Wool Production (40 Code of Federal Regu

lations Part 63, Subpart DDD)

The commission adopts the amendment to §113.610 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

DDD since this section was last amended. During this period,



## ADOPTED RULES August 16, 2013 38 TexReg 5299the EPA amended Subpart DDD on December 1, 2011 (76 FR

74708). The December 1, 2011, amendments reinstated 40 CFR

§63.1196, What definitions should I be aware of?.

§113.620, Hazardous Waste Combustors (40 Code of Federal

Regulations Part 63, Subpart EEE)

The commission adopts the amendment to §113.620 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

EEE since this section was last amended. During this period, the

EPA amended Subpart EEE on April 8, 2008 (73 FR 18970) and

October 28, 2008 (73 FR 64068). The April 8, 2008, amend

ments clarified several compliance and monitoring provisions

and also corrected several omissions and typographical errors in

40 CFR Part 63, Subpart EEE. The October 28, 2008, amend

ments addressed eight issues raised in petitions for reconsid

eration. The October 28, 2008, amendments also addressed

comments relating to a post-promulgation decision of the United

States Court of Appeals for the District of Columbia Circuit, in

Sierra Club v. EPA, 479 F. 3d 875, (the Brick MACT litigation).

The October 28, 2008, amendments also revised the new source

standard for particulate matter (PM) for cement kilns and for in

cinerators that burn hazardous waste, amended the PM matter

detection system provisions, revised the health-based compli

ance alternative for total chlorine, and made several corrections

and clarifications.

§113.640, Pharmaceuticals Production (40 Code of Federal

Regulations Part 63, Subpart GGG)

The commission adopts the amendment to §113.640 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

GGG since this section was last amended. During this period,

the EPA amended Subpart GGG on December 22, 2008 (73 FR

78199) and April 21, 2011 (76 FR 22566). The December 22,

2008, amendments added references to Subpart GGG to allow

an alternative work practice using optical gas imaging technol

ogy as a method to meet leak detection and repair requirements.

The April 21, 2011, amendments finalized the EPA's residual risk

and technology review for this source category, and corrected an

editorial error. The April 21, 2011, amendments also eliminated

the SSM exemption, provided for other revisions related to emis

sions during SSM, and provided for an affirmative defense for ex

ceedances of emission standards caused by malfunctions. The

April 21, 2011, amendments also addressed electronic submis

sion of performance test results.

§113.650, Natural Gas Transmission and Storage Facilities (40

Code of Federal Regulations Part 63, Subpart HHH)

The commission adopts the amendment to §113.650 by incorpo

rating 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 period, the EPA amended Subpart

HHH on December 22, 2008 (73 FR 78199) and August 16, 2012

(77 FR 49490). The December 22, 2008, amendments added

references to Subpart HHH to allow an alternative work prac

tice using optical gas imaging technology as a method to meet

leak detection and repair requirements. The August 16, 2012,

amendments finalized the residual risk and technology review

for this source category, and included new emission limits reflect

ing MACT for certain previously uncontrolled emission sources

in this source category (such as small glycol dehydrators). The

August 16, 2012, amendments also revised testing and monitor

ing requirements and notification, recordkeeping, and reporting

requirements. The August 16, 2012, amendments also elimi

nated the exemption for SSM emissions, provided for other revi

sions related to emissions during SSM, and added provisions for

an affirmative defense for exceedances of emission standards

caused by malfunctions.

Multiple petitioners are challenging the August 16, 2012, final

rule through reconsideration requests to EPA and petitions for

review in the District of Columbia Court of Appeals. The August

16, 2012, final rule remains effective and applicable to affected

sources. The commission solicited comment on whether to in

corporate the currently effective Subpart HHH, or to postpone

incorporation of Subpart HHH until after any reconsideration ac

tions or court actions are resolved, but received no comments.

Since the August 16, 2012, final rule remains effective and ap

plicable to affected sources, the commission is adopting the in

corporation by reference at this time.

§113.670, Group IV Polymers and Resins (40 Code of Federal

Regulations Part 63, Subpart JJJ)

The commission adopts the amendment to §113.670 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part JJJ since this section was last amended. During this pe

riod, the EPA amended Subpart JJJ on December 22, 2008 (73

FR 78199). The December 22, 2008, amendments added refer

ences to Subpart JJJ to allow an alternative work practice using

optical gas imaging technology as a method to meet leak detec

tion and repair requirements.

§113.690, Portland Cement Manufacturing Industry (40 Code of

Federal Regulations Part 63, Subpart LLL)

The commission adopts the amendment to §113.690 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part LLL since this section was last amended. During this pe

riod, the EPA amended Subpart LLL on September 9, 2010 (75

FR 54970), January 18, 2011 (76 FR 2832), and February 12,

2013 (78 FR 10006). The September 9, 2010, amendments

added or revised emission limits for mercury, total hydrocarbons

(THC), and PM from new and existing kilns located at major and

area sources, and for hydrochloric acid (HCl) from new and ex

isting kilns located at major sources. The September 9, 2010,

amendments also eliminated the SSM exemption and provided

for an affirmative defense for exceedances of emission stan

dards caused by malfunctions. The January 18, 2011, amend

ments revised regulatory language to clarify compliance dates

and clarify that the previously issued emission limits that were changed in the September 9, 2010, action remain in effect until

sources are required to comply with the revised limits.

The EPA proposed a limited reconsideration of the September 9,

2010, rule on July 18, 2012 (77 FR 42368) and adopted a final

rule reconsidering the Portland Cement Manufacturing MACT on February 12, 2013 (78 FR 10006). The February 12, 2013, final

rule amendments retained the stack emission standards for mer

cury, HCl, and THC under the NESHAP and amended the stack

emission standard for PM under the NESHAP. The amendments

also included provisions to account for commingled HAP emis

sions from coal mills that are an integral part of the kiln, estab

lished a continuous monitoring regime for parametric monitoring

of PM, set work practice standards for startup and shutdown, and

revised the compliance date for the PM, mercury, HCl, THC, and

clinker storage pile existing source standards. EPA retained the

affirmative defense for civil penalties for violations of emission

limits occurring as a result of a malfunction.

The commission solicited comment on whether the January 18,

2011, rule amendments should be incorporated by reference as

reflected in the proposed rule text, or if the commission should in



## 38 TexReg 5300 August 16, 2013 Texas Registercorporate the final rule amendments adopted by the EPA, if pro

mulgation occurred prior to adoption of this rule. As noted above,

EPA finalized its reconsideration and adopted rule amendments

as published on February 12, 2013, in the Federal Register. As

stated in the proposal preamble, it was the commission's in

tention to incorporate EPA's final rule changes, unless adverse

comments were received. No comments were received, so the

commission has revised the rule text to reflect the incorporation

by reference of Subpart LLL as amended through February 12,

2013.

§113.770, Primary Lead Processing (40 Code of Federal Regu

lations Part 63, Subpart TTT)

The commission adopts the amendment to §113.770 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part TTT since this section was last amended. During this pe

riod, the EPA amended Subpart TTT on November 15, 2011 (76

FR 70834). The November 15, 2011, amendments finalized the

EPA's residual risk and technology review for this source cat

egory, and revised the title and applicability provisions of this

source category. The amendments also revised the stack emis

sion limits for lead, revised work practice standards to minimize

fugitive dust emissions, and revised testing, monitoring, and re

lated notification, recordkeeping, and reporting requirements. In

addition, the November 15, 2011, amendments eliminated the

SSM exemption, provided for other revisions related to emis

sions during SSM, and provided for an affirmative defense for

exceedances of emission standards caused by malfunctions.

§113.790, Publicly Owned Treatment Works (40 Code of Federal

Regulations Part 63, Subpart VVV)

The commission adopts the amendment to §113.790 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part VVV since this section was last amended. During this pe

riod, the EPA amended Subpart VVV on December 22, 2008 (73

FR 78199). The December 22, 2008, amendments added refer

ences to Subpart VVV to allow an alternative work practice using

optical gas imaging technology as a method to meet leak detec

tion and repair requirements.

§113.880, Organic Liquids Distribution (Non-Gasoline) (40 Code

of Federal Regulations Part 63, Subpart EEEE)

The commission adopts the amendment to §113.880 by incorpo

rating by reference all amendments to 40 CFR Part 63, Subpart

EEEE since this section was last amended. During this period,

the EPA published amendments to Subpart EEEE on April 23,

2008 (73 FR 21825), July 17, 2008 (73 FR 40977), and De

cember 22, 2008 (73 FR 78199). The April 23, 2008, amend

ments clarified combustion control device compliance require

ments, storage tank control compliance dates, and vapor bal

ance system monitoring requirements. In addition, the April 23,

2008, amendments corrected various typographical errors in 40

CFR Part 63, Subpart EEEE. However, the EPA received ad

verse comments on some portions of the April 23, 2008, direct

final amendments, and subsequently withdrew those portions of

the amendments. The adverse comments related to the storage

tank compliance date and the monitoring of storage tank pres

sure relief devices. The July 17, 2008, amendments responded

to the adverse comments and implemented the April 23, 2008,

direct final amendments that had been withdrawn. The July 17,

2008, amendments also corrected typographical errors that the

EPA identified in other sections of the rule text that were not ad

dressed in the April 23, 2008, notices. The December 22, 2008,

amendments added references to Subpart EEEE to allow an al

ternative work practice using optical gas imaging technology as

a method to meet leak detection and repair requirements.

§113.890, Miscellaneous Organic Chemical Manufacturing (40

Code of Federal Regulations Part 63, Subpart FFFF)

The commission adopts the amendment to §113.890 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part FFFF since this section was last amended. During this pe

riod, the EPA amended Subpart FFFF on December 22, 2008

(73 FR 78199). The December 22, 2008, amendments added

references to Subpart FFFF to allow an alternative work prac

tice using optical gas imaging technology as a method to meet

leak detection and repair requirements.

§113.1040, Cellulose Products Manufacturing (40 Code of Fed

eral Regulations Part 63, Subpart UUUU)

The commission adopts the amendment to §113.1040 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part UUUU since this section was last amended. During this pe

riod, the EPA amended Subpart UUUU on December 22, 2008

(73 FR 78199). The December 22, 2008, amendments added

references to Subpart UUUU to allow an alternative work prac

tice using optical gas imaging technology as a method to meet

leak detection and repair requirements.

§113.1090, Reciprocating Internal Combustion Engines (40

Code of Federal Regulations Part 63, Subpart ZZZZ)

The commission adopts the amendment to §113.1090 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part ZZZZ since this section was last amended. During this

period, the EPA amended Subpart ZZZZ on January 18, 2008

(73 FR 3568), March 3, 2010 (75 FR 9648), June 30, 2010 (75

FR 37732), August 20, 2010 (75 FR 51570), March 9, 2011 (76

FR 12863), and January 30, 2013 (78 FR 6674). The January

18, 2008, amendments to Subpart ZZZZ established national

emission standards for new and reconstructed stationary recip

rocating internal combustion engines (RICE) that are: 1) located

at area sources of HAP emissions; or 2) have a site rating of

less than or equal to 500 brake horsepower and are located at

major sources of HAP emissions. The March 3, 2010, amend

ments established national emissions standards for existing sta

tionary compression ignition RICE that are: 1) located at area

sources of HAP emissions; or that 2) have a site rating of less

than or equal to 500 brake horsepower and are located at ma

jor sources of HAP emissions. In addition, the March 3, 2010,

amendments promulgated NESHAP for existing non-emergency stationary compression ignition engines greater than 500 brake

horsepower located at major sources of HAP emissions. The

March 3, 2010, amendments also revised provisions related to

SSM for engines. The June 30, 2010, amendments restored

two paragraphs that were inadvertently removed from Subpart

ZZZZ during the promulgation of the March 3, 2010, amend

ments. The August 20, 2010, amendments promulgated NE

SHAP for existing stationary spark ignition RICE that are located

at area sources of HAP emissions or that have a site rating of

less than or equal to 500 brake horsepower and are located at

major sources of HAP emissions. The March 9, 2011, amend

ments revised regulatory text to clarify compliance requirements

related to continuous parameter monitoring systems, and cor

rected minor typographical errors in the regulatory text of the Au

gust 20, 2010, action. The commission also adopts an amend

ment to remove the word "stationary" from the title of this section,

as the EPA no longer uses that term in the title of this NESHAP.



## ADOPTED RULES August 16, 2013 38 TexReg 5301The January 30, 2013, amendments addressed certain issues

that were raised by stakeholders through lawsuits, petitions for

reconsideration of the 2010 RICE NESHAP amendments, and

other communications. These amendments also clarified and

corrected minor technical or editing errors in the RICE NESHAP.

The January 30, 2013, amendments included alternative test

ing options for large spark ignition reciprocating engines; man

agement practices for existing spark ignition engines in sparsely

populated areas; and alternative monitoring and compliance op

tions for the same engines in populated areas. The amendments

also established management practices for existing compres

sion ignition engines on offshore vessels; finalized limits on the

hours that stationary emergency engines may be used for emer

gency demand response; and established fuel and reporting re

quirements for certain engines used for emergency demand re

sponse.

The January 30, 2013, amendments to the RICE NESHAP were

not yet promulgated by EPA at the time the proposed changes to

Chapter 113 were drafted, and therefore were not specifically ref

erenced in the proposed Chapter 113 rulemaking. However, in

the Chapter 113 proposal preamble, the commission requested

comments regarding the incorporation by reference of all final

reconsideration actions by the EPA, whether or not specifically

noted in the proposal notice, to facilitate state delegation and im

plementation of the NESHAP. No comments were received. In

addition, the inclusion of the January 30, 2013 amendments in

§113.1090 would ensure that the version of Subpart ZZZZ incor

porated by reference into Chapter 113 is the most current version

possible. This will maintain consistency between the require

ments of TCEQ's Chapter 113 and current federal regulations.

Therefore, the commission is including the January 30, 2013,

amendments in the changes to §113.1090, and has made cor

responding changes to the rule text.

§113.1110, Semiconductor Manufacturing (40 Code of Federal

Regulations Part 63, Subpart BBBBB)

The commission adopts the amendment to §113.1110 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part BBBBB since this section was last amended. During this

period, the EPA amended Subpart BBBBB on July 22, 2008 (73

FR 42529). The July 22, 2008, amendments established a new

MACT floor level of control for existing and new combined HAP

process vent streams, and clarified the applicability of this NE

SHAP by adding definitions for organic, inorganic, and combined

HAP process vent streams.

§113.1130, Industrial, Commercial, and Institutional Boilers and

Process Heaters Major Sources (40 Code of Federal Regula

tions Part 63, Subpart DDDDD)

The commission adopts new §113.1130 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

DDDDD, adopted by the EPA on September 13, 2004 (69 FR

55218), with amendments published on December 28, 2005 (70

FR 76918), April 20, 2006 (71 FR 20446), December 6, 2006

(71 FR 70651), March 21, 2011 (76 FR 15608), and January

31, 2013 (78 FR 7138). This MACT standard regulates HAP

emissions from boilers and process heaters located at major

sources of HAP. HAPs emitted from these facilities include hy

drogen chloride, formaldehyde, polycyclic organic matter, ac

etaldehyde, benzene, and metal compounds such as arsenic,

beryllium, cadmium, chromium, cobalt, lead, manganese, mer

cury, nickel, and selenium. The December 28, 2005, amend

ments clarified the process for demonstrating eligibility for the

health-based compliance alternatives contained in the rule. The April 20, 2006, amendments revised the general and compliance

requirements as they related to SSM. The December 6, 2006,

amendments clarified the procedures for implementing the emis

sions averaging provision and for conducting compliance testing

when boilers are vented to a common stack. In addition, the De

cember 6, 2006, amendments clarified certain definitions.

The District of Columbia Court of Appeals, in Natural Resources

Defense Council v. EPA, 489 F.3d 1250, June 8, 2007, vacated

and remanded the provisions of the Boiler MACT, 40 CFR Part

63, Subpart DDDDD, published September 13, 2004 (69 FR

55218). This is because the court had also vacated the Com

mercial and Industrial Solid Waste Incineration (CISWI) Defini

tions Rule, September 22, 2005 (70 FR 55568). The vacatur of

the CISWI definitions rule resulted in a need for the Boiler MACT

to also be revised because the applicability of the Boiler MACT

would be affected once the EPA revised the CISWI definitions

rule to be consistent with the opinion of the court. In response

to the vacatur of the Boiler MACT, the EPA adopted revisions to

the Boiler MACT on March 21, 2011, (76 FR 15608). However,

on March 21, 2011, the EPA also issued a notice that it intended

to reconsider the final rule (76 FR 15266) and a notice delaying

the effective date of the final Boiler MACT rules (76 FR 28662),

until such time as judicial review was completed, or the EPA fi

nalized reconsideration of the rules, whichever was earlier. This

notice of delay was challenged, and was vacated by the District

of Columbia Court of Appeals in Sierra Club v. Jackson, 833 F.

Supp.2d 11, January 9, 2012. The March 21, 2011, revisions

to the Boiler MACT are also being challenged by multiple peti

tioners, and have been consolidated into one proceeding, U.S.

Sugar Corp. v. EPA, No. 11-1108, in the District of Columbia

Court of Appeals.

The EPA proposed reconsideration amendments to Subpart

DDDDD on December 23, 2011 (76 FR 80598). The EPA

adopted a final rule reconsidering the Boiler major source MACT

on January 31, 2013, which included numerous changes. The

EPA's review of existing and new data resulted in changes to

emission limits for various pollutants. Overall, for both new and

existing affected units, about 30% of the emission limits are

more stringent, half are less stringent, and 20% unchanged

as compared to the March 2011 final rule. The EPA also

established an alternative emission standard for carbon monox

ide (CO), based on continuous emission monitoring system

(CEMS) data for several subcategories. The January 31, 2013,

amendments also added periodic tune-up work practices to

address dioxin and furan emissions. In addition, the EPA up

dated the compliance dates for new and existing sources. The

amendments revised the list of exemptions to include residential

boilers that may be located at an industrial, commercial, or

institutional major source. The exemption for boilers or process

heaters used specifically for research and development was

revised to include boilers used for certain testing purposes.

The amendments clarified that the exemption for boilers and

process heaters used for research and development includes

boilers used for testing the propulsion systems on military

vessels. The amendments also revised work practice standards

for periods of startup and shutdown to better reflect MACT

during those periods. In addition, the amendments added

definitions of startup and shutdown and revised the definition

of the limited use subcategory. The amendments additionally

made numerous technical corrections to the final rule to clarify

definitions, references, applicability and compliance issues

raised by petitioners and other stakeholders.



## 38 TexReg 5302 August 16, 2013 Texas RegisterThe commission solicited comment on whether the March 21,

2011, rule should be incorporated by reference as reflected in

the proposed rule text, or if the commission should incorporate

the final rule adopted by the EPA on January 31, 2013. As stated

in the proposal preamble, it was the commission's intention to

incorporate the final rule, unless adverse comments were re

ceived. No comments were received, so the commission has

revised the rule text to reflect the incorporation by reference of

Subpart DDDDD as amended through January 31, 2013.

§113.1140, Iron and Steel Foundries (40 Code of Federal Regu

lations Part 63, Subpart EEEEE)

The commission adopts the amendment to §113.1140 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part EEEEE since this section was last amended. During this

period, the EPA amended Subpart EEEEE, on February 7, 2008

(73 FR 7210). The February 7, 2008, amendments added alter

native compliance options for cupolas at existing foundries and

clarified several provisions to increase operational flexibility and

improve readability of the rule requirements.

§113.1160, Site Remediation (40 Code of Federal Regulations

Part 63, Subpart GGGGG)

The commission adopts the amendment to §113.1160 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part GGGGG since this section was last amended. During this

period, the EPA amended Subpart GGGGG on December 22,

2008 (73 FR 78199). The December 22, 2008, amendments

revised Subpart GGGGG to allow an alternative work practice

using optical gas imaging technology as a method to meet leak

detection and repair requirements.

§113.1170, Miscellaneous Coating Manufacturing (40 Code of

Federal Regulations Part 63, Subpart HHHHH)

The commission adopts the amendment to §113.1170 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part HHHHH since this section was last amended. During this

period, the EPA amended Subpart HHHHH on December 22,

2008 (73 FR 78199). The December 22, 2008, amendments re

vised Subpart HHHHH to allow an alternative work practice using

optical gas imaging technology as a method to meet leak detec

tion and repair requirements.

§113.1190, Brick and Structural Clay Products Manufacturing

(40 Code of Federal Regulations Part 63, Subpart JJJJJ)

The commission adopts the repeal of §113.1190, as this MACT

standard was vacated by the decision of the United States Court

of Appeals for the District of Columbia Circuit in Sierra Club v.

EPA, 479 F.3d 875, on March 13, 2007, and is no longer in ef

fect. The EPA has not adopted revised standards for this source

category.

§113.1200, Clay Ceramics Manufacturing (40 Code of Federal

Regulations Part 63, Subpart KKKKK)

The commission adopts the repeal of §113.1200, as this MACT

standard was vacated by the decision of the United States Court

of Appeals for the District of Columbia Circuit in Sierra Club v.

EPA, 479 F.3d 875, on March 13, 2007, and is no longer in ef

fect. The EPA has not adopted revised standards for this source

category.

§113.1300, Coal- and Oil-Fired Electric Utility Steam Generating

Units (40 Code of Federal Regulations Part 63, Subpart UUUUU) The commission adopts new §113.1300 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

UUUUU, adopted by the EPA on February 16, 2012 (77 FR

9304), with amendments published on April 19, 2012 (77 FR

23399) and April 24, 2013 (78 FR 24073). This rule is commonly

referred to as the Mercury Air Toxics Standard. This MACT stan

dard regulates HAP emissions from coal- and oil-fired electric

utility steam generating units located at major or area sources of

HAP. HAPs emitted from these facilities include hydrogen chlo

ride, hydrogen fluoride, and metal compounds such as selenium,

arsenic, chromium, and nickel. The April 19, 2012, amendments

corrected typographical errors, such as invalid cross-references

and preamble text that was not consistent with the final regula

tory text.

On November 30, 2012 (77 FR 71323) the EPA published a lim

ited reconsideration of the February 16, 2012, final rule. On April

24, 2013, the EPA adopted reconsideration amendments which

revised emission limits for HCl, filterable PM (fPM), sulfur diox

ide (SO

2 ), lead, and selenium, for all new coal-fired EGUs; and

revised the mercury emission limit for certain units. The amend

ments also revised fPM and SO2 emission limits for new solid

oil-derived fuel-fired EGUs; fPM emission limits for new conti

nental liquid oil-fired EGUs; and revised most of the emission

limits for new integrated gasification combined cycle units.

The April 24, 2013, amendments also removed quarterly stack

testing as an option to demonstrate compliance with the new

source fPM emission limits; revised the way in which an owner

or operator of a new EGU who chooses to use PM continuous

parameter monitoring systems (CPMS) establishes an operating

limit; and required inspections and retesting within 45 days of an

exceedance of the operating limit for those new EGU owners or

operators who choose to use PM CPMS as a compliance option.

At the time this rulemaking was proposed, Subpart UUUUU was

under reconsideration by the EPA. The commission solicited

comment on whether the April 19, 2012, rule should be incor

porated by reference as reflected in the proposed rule text, or if

the commission should postpone incorporation until after EPA's

reconsideration was complete. No comments were received.

Since the April 24, 2013, reconsideration amendments are now

in effect, the commission has revised the rule text to reflect

the incorporation by reference of Subpart UUUUU as amended

through April 24, 2013.

§113.1320, Hospital Ethylene Oxide Sterilizers Area Sources (40

Code of Federal Regulations Part 63, Subpart WWWWW)

The commission adopts new §113.1320 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Subpart

WWWWW, adopted by the EPA on December 28, 2007 (72 FR

73611). This GACT standard regulates HAP emissions from

hospital ethylene oxide sterilizers located at area sources of

HAP. The HAP emitted from these facilities is ethylene oxide.

§113.1340, Electric Arc Furnace Steelmaking Facilities Area

Sources (40 Code of Federal Regulations Part 63, Subpart

YYYYY)

The commission adopts new §113.1340 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

YYYYY, adopted by the EPA on December 28, 2007 (72 FR

74088). This MACT and GACT standard regulates HAP emis

sions from electric arc furnace steelmaking facilities that are area

sources of HAP. HAPs emitted from these facilities include mer

cury, chromium, lead, manganese, nickel, and other metals.



## ADOPTED RULES August 16, 2013 38 TexReg 5303§113.1350, Iron and Steel Foundries Area Sources (40 Code of

Federal Regulations Part 63, Subpart ZZZZZ)

The commission adopts new §113.1350 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

ZZZZZ, adopted by the EPA on January 2, 2008 (73 FR 226).

This GACT standard regulates HAP emissions from iron and

steel foundries that are area sources of HAP. HAPs emitted from

these facilities include compounds of mercury, chromium, lead,

manganese, and nickel.

§113.1370, Gasoline Distribution Bulk Terminals, Bulk Plants,

and Pipeline Facilities Area Sources (40 Code of Federal Regu

lations Part 63, Subpart BBBBBB)

The commission adopts new §113.1370 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part BBBBBB, adopted by the EPA on January 10, 2008 (73

FR 1916), with amendments published by the EPA on March

7, 2008 (73 FR 12275) and January 24, 2011 (76 FR 4156).

This GACT standard regulates HAP emissions from gasoline

distribution bulk terminals, bulk plants, and pipeline facilities

that are area sources of HAP. HAPs emitted from these facilities

include benzene, ethylbenzene, hexane, toluene, xylenes,

isooctane, naphthalene, cumene, and methyl tert-butyl ether.

The March 7, 2008, amendments corrected errors in citations

for test methods, corrected cross references within 40 CFR

Part 63, Subpart BBBBBB, and corrected references to the

regulation's promulgation date that were intended to refer to

the compliance date. The January 24, 2011, amendments

clarified certain definitions, applicability-related provisions, and

compliance-related provisions in response to issues raised in

the petitions for reconsideration.

§113.1380, Gasoline Dispensing Facilities Area Sources (40

Code of Federal Regulations Part 63, Subpart CCCCCC)

The commission adopts new §113.1380 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part CCCCCC, adopted by the EPA on January 10, 2008 (73

FR 1916), with amendments published on March 7, 2008 (73

FR 12275), June 25, 2008 (73 FR 35939), and January 24,

2011 (76 FR 4156). This GACT standard regulates HAP emis

sions from gasoline dispensing facilities that are area sources

of HAP. HAPs emitted from these facilities include benzene,

ethylbenzene, hexane, toluene, xylenes, isooctane, naphtha

lene, cumene, and methyl tert-butyl ether. The March 7, 2008,

amendments corrected a number of errors in rule citations and

cross references. The June 25, 2008, amendments revised the

pressure and vacuum vent valve cracking pressure and leak

rate requirements for vapor balance systems used to control

emissions. The January 24, 2011, amendments clarified certain

definitions, applicability-related provisions, and compliance-re

lated provisions in response to issues raised in the petitions for

reconsideration.

§113.1390, Polyvinyl Chloride and Copolymers Production Area

Sources (40 Code of Federal Regulations Part 63, Subpart

DDDDDD)

The commission adopts the amendment to §113.1390 by in

corporating by reference all amendments to 40 CFR Part 63,

Subpart DDDDDD since this section was adopted. During this

period, the EPA published amendments to Subpart DDDDDD

on April 17, 2012 (77 FR 22848). The April 17, 2012, amend

ments clarified the applicability of Subpart DDDDDD to existing

and new area sources, and revised GACT requirements for this

source category. §113.1400, Primary Copper Smelting Area Sources (40 Code of

Federal Regulations Part 63, Subpart EEEEEE)

The commission adopts the amendment to §113.1400 by incor

porating by reference all amendments to 40 CFR Part 63, Sub

part EEEEEE since this section was adopted. During this period,

the EPA published amendments to Subpart EEEEEE on July 3,

2007 (72 FR 36363). The July 3, 2007, amendments clarified

when exhaust gases must be controlled, and what control de

vices may be used. The amendments also corrected rule num

bering errors. In addition, the commission adopts an amendment

to §113.1400 to replace the phrase "Maximum Achievable Con

trol Technology" with "Generally Available Control Technology,"

as this NESHAP is a GACT standard and not a MACT standard.

§113.1410, Secondary Copper Smelting Area Sources (40 Code

of Federal Regulations Part 63, Subpart FFFFFF)

The commission adopts the amendment to §113.1410 by in

corporating by reference all amendments to 40 CFR Part 63,

Subpart FFFFFF since this section was first adopted. During

this period, the EPA published direct final amendments to

Subpart FFFFFF on July 3, 2007 (72 FR 36363). The July 3,

2007, amendments clarified the date that defines a new copper

smelter, and corrected a cross-referencing error. In addition, the

commission adopts an amendment to §113.1410 to replace the

term "Maximum Achievable Control Technology" with "Generally

Available Control Technology," as this NESHAP is a GACT

standard and not a MACT standard.

§113.1425, Paint Stripping and Miscellaneous Surface Coating

at Area Sources (40 Code of Federal Regulations Part 63, Sub

part HHHHHH)

The commission adopts new §113.1425 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

HHHHHH, adopted by the EPA on January 9, 2008 (73 FR 1738),

with amendments published on February 13, 2008 (73 FR 8408).

This GACT standard regulates HAP emissions from paint strip

ping and miscellaneous surface coating facilities that are area

sources of HAPs. HAPs emitted from these facilities include

methylene chloride and compounds of chromium, lead, man

ganese, nickel, and cadmium. The February 13, 2008, amend

ments corrected minor errors in the rule text.

§113.1435, Industrial, Commercial, and Institutional Boilers

Area Sources (40 Code of Federal Regulations Part 63, Subpart

JJJJJJ)

The commission adopts new §113.1435 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part JJJJJJ, adopted by the EPA on March 21, 2011 (76 FR

15554), with amendments published on February 1, 2013 (78

FR 7488). This MACT and GACT standard regulates HAP

emissions from industrial, commercial, and institutional boilers

that are area sources of HAP. HAPs emitted from these facilities

include mercury, arsenic, beryllium, cadmium, lead, chromium,

manganese, nickel, and polycyclic organic compounds.

On December 23, 2011 (76 FR 80532) the EPA proposed

reconsideration amendments to Subpart JJJJJJ. The EPA

adopted reconsideration amendments for the Boiler area source

NESHAP on February 1, 2013 (78 FR 7488). The Febru

ary 1, 2013, amendments included numerous changes. The

EPA's review of existing and new data resulted in a number of

changes to emission limits for various pollutants. The EPA also

established an alternative emission standard for CO, based on

CEMS data for several subcategories. The amendments added



## 38 TexReg 5304 August 16, 2013 Texas Registerperiodic tune-up work practices to address CO and mercury

emissions from new and existing small coal-fired units, in lieu of

numeric emission limits. In addition, the amendments updated

the compliance dates for new and existing sources. Further, the

amendments revised the list of boilers that are not part of the

source categories subject to subpart JJJJJJ, clarified certain

boiler types, and included certain additional boilers located at an

industrial, commercial, or institutional area source facility. The

amendments also revised work practice standards for periods

of startup and shutdown to better reflect MACT and GACT

during those periods. In addition, the amendments added

definitions of startup and shutdown and revised the definition

of the limited use subcategory. The amendments additionally

made numerous technical corrections to the final rule to clarify

definitions, references, applicability, and compliance issues

raised by petitioners and other stakeholders.

The commission solicited comment on whether the March 21,

2011, rule should be incorporated by reference as reflected in

the proposed rule text, or if the commission should incorporate

the final rule adopted by the EPA on February 1, 2013. As stated

in the proposal preamble, it was the commission's intention to

incorporate the final rule, unless adverse comments were re

ceived. No comments were received, so the commission has

revised the rule text to reflect the incorporation by reference of

Subpart JJJJJJ as amended through February 1, 2013.

§113.1445, Acrylic and Modacrylic Fibers Area Sources (40

Code of Federal Regulations Part 63, Subpart LLLLLL)

The commission adopts new §113.1445 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

LLLLLL, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard regulates HAP emissions from acrylic and

modacrylic fiber production facilities that are area sources of

HAP. The HAP emitted from these facilities is primarily acryloni

trile. The March 26, 2008, amendments made a minor editorial

correction to add a phrase that had been omitted from the pub

lished rule.

§113.1450, Carbon Black Production Area Sources (40 Code of

Federal Regulations Part 63, Subpart MMMMMM)

The commission adopts new §113.1450 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part MMMMMM, adopted by the EPA on July 16, 2007 (72 FR

38864), with amendments published on March 26, 2008 (73 FR

15923). This GACT standard regulates HAP emissions from

carbon black production facilities that are area sources of HAP.

HAPs emitted from these facilities include polycyclic organic

compounds. The March 26, 2008, amendments corrected minor

rule citation errors and added a phrase that had been omitted

from the published rule.

§113.1455, Chemical Manufacturing Area Sources: Chromium

Compounds (40 Code of Federal Regulations Part 63, Subpart

NNNNNN)

The commission adopts new §113.1455 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

NNNNNN, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard applies to area sources that manufacture

chromium compounds. HAPs emitted from these facilities in

clude chromium compounds. The March 26, 2008, amendments

corrected control device inspection requirements, and added a phrase that had been omitted from the published rule. §113.1460, Flexible Polyurethane Foam Production and Fabri

cation Area Sources (40 Code of Federal Regulations Part 63,

Subpart OOOOOO)

The commission adopts new §113.1460 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

OOOOOO, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard applies to flexible foam production and flex

ible foam fabrication plants that are area sources. HAPs emit

ted from these facilities include methylene chloride. The March

26, 2008, amendments corrected a paragraph formatting error,

added language to clarify compliance certification requirements,

and revised a table indicating applicable requirements of 40 CFR

Part 63 Subpart A.

§113.1465, Lead Acid Battery Manufacturing Area Sources (40

Code of Federal Regulations Part 63, Subpart PPPPPP)

The commission adopts new §113.1465 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

PPPPPP, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard applies to lead acid battery manufacturing

plants that are area sources. HAPs emitted from these facilities

include lead and cadmium compounds. The March 26, 2008,

amendments corrected citation errors relating to performance

testing requirements, corrected an error in the deadline for sub

mitting compliance status reports, deleted erroneous cross ref

erences, and revised a table indicating applicable requirements

of 40 CFR Part 63, Subpart A.

§113.1470, Wood Preserving Area Sources (40 Code of Federal

Regulations Part 63, Subpart QQQQQQ)

The commission adopts new §113.1470 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

QQQQQQ, adopted by the EPA on July 16, 2007 (72 FR 38864),

with amendments published on March 26, 2008 (73 FR 15923).

This GACT standard applies to wood preserving facilities that

are area sources. HAPs emitted from these facilities include ar

senic, chromium, methylene chloride, and dioxin. The March 26,

2008, amendments corrected a rule citation, added a phrase that

had been inadvertently omitted from the rule text, and corrected

a table indicating applicable requirements of 40 CFR Part 63,

Subpart A.

§113.1475, Clay Ceramics Manufacturing Area Sources (40

Code of Federal Regulations Part 63, Subpart RRRRRR)

The commission adopts new §113.1475 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

RRRRRR, adopted by the EPA on December 26, 2007 (72 FR

73180). This GACT standard applies to clay ceramics manu

facturing facilities that are area sources and use more than 50

tons per year of clay. HAPs emitted from these facilities include

chromium, lead, manganese, and nickel compounds.

§113.1480, Glass Manufacturing Area Sources (40 Code of Fed

eral Regulations Part 63, Subpart SSSSSS)

The commission adopts new §113.1480 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

SSSSSS, adopted by the EPA on December 26, 2007 (72 FR

73180). This GACT standard applies to glass manufacturing fa

cilities that are area sources and that produce 50 tons per year of

glass that contains one or more specified HAPs. HAPs emitted

from these facilities include arsenic, cadmium, chromium, lead,

manganese, and nickel compounds.



## ADOPTED RULES August 16, 2013 38 TexReg 5305§113.1485, Secondary Nonferrous Metals Processing Area

Sources (40 Code of Federal Regulations Part 63, Subpart

TTTTTT)

The commission adopts new §113.1485 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part TTTTTT, adopted by the EPA on December 26, 2007 (72

FR 73180). This GACT standard applies to nonferrous metal

processing facilities that are area sources. HAPs emitted from

these facilities include arsenic, chromium, lead, manganese,

and nickel compounds.

§113.1495, Chemical Manufacturing Area Sources (40 Code of

Federal Regulations Part 63, Subpart VVVVVV)

The commission adopts new §113.1495 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Subpart

VVVVVV, adopted by the EPA on October 29, 2009 (74 FR

56008), with amendments published on December 21, 2012

(77 FR 75740). This GACT standard applies to agricultural

chemicals and pesticides manufacturing, cyclic crude and

intermediate production, industrial inorganic chemical manu

facturing, industrial organic chemical manufacturing, inorganic

pigments manufacturing, miscellaneous organic chemical

manufacturing, plastic materials and resins manufacturing,

pharmaceutical production, and synthetic rubber manufacturing.

This standard is limited to area sources. HAPs emitted from

these facilities include 1,3-butadiene; 1,3-dichloropropene;

acetaldehyde; chloroform; ethylene dichloride; methylene chlo

ride; hexachlorobenzene; hydrazine; quinoline; and compounds

of arsenic, cadmium, chromium, lead, manganese, and nickel.

The EPA extended the effective date of certain Title V permit

requirements (40 CFR §63.11494(e)) on December 14, 2010

(75 FR 77762), until March 14, 2011. The EPA indefinitely

extended the effective date of 40 CFR §63.11494(e) on March

14, 2011 (76 FR 13515).

The EPA published a limited reconsideration of the final rule on January 30, 2012, (77 FR 4522), and published a stay of the

October 29, 2009, final rule on October 25, 2012 (77 FR 65136),

staying Subpart VVVVVV in its entirety until December 24, 2012.

The EPA adopted final reconsideration amendments on Decem

ber 21, 2012. The December 21, 2012, amendments lifted the

stay of the Title V permit requirement issued on March 14, 2011,

and lifted the stay of the final rule issued on October 25, 2012.

In addition, the December 21, 2012, amendments revised the

approach for addressing malfunctions and standards applicable

during startup and shutdown periods, and made amendments

and technical corrections to the final rule to clarify applicabil

ity and compliance issues. The December 21, 2012, amend

ments also extended the compliance date for existing sources

until March 21, 2013.

§113.1500, Plating and Polishing Area Sources (40 Code of Fed

eral Regulations Part 63, Subpart WWWWWW)

The commission adopts new §113.1500 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part WWWWWW, adopted by the EPA on July 1, 2008 (73 FR

37728), with amendments published on September 19, 2011 (76

FR 57913). This GACT standard applies to metal plating and

polishing facilities that are area sources. HAPs emitted from

these facilities include cadmium, chromium, lead, manganese,

and nickel compounds. The September 19, 2011, amendments

clarified that the emission control requirements did not apply

to bench-scale activities, and also included minor technical

corrections. §113.1505, Metal Fabrication and Finishing Area Sources (40

Code of Federal Regulations Part 63, Subpart XXXXXX)

The commission adopts new §113.1505 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

XXXXXX, adopted by the EPA on July 23, 2008 (73 FR 42978).

This GACT standard applies to a wide range of metal fabrica

tion and finishing operations that are area sources. HAPs emit

ted from these facilities include cadmium, chromium, lead, man

ganese, and nickel compounds.

§113.1510, Ferroalloys Production Facilities Area Sources (40

Code of Federal Regulations Part 63, Subpart YYYYYY)

The commission adopts new §113.1510 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

YYYYYY, adopted by the EPA on December 23, 2008 (73 FR

78637). This GACT standard applies to ferroalloy production fa

cilities that are area sources. HAPs emitted from these facilities

include chromium, manganese, and nickel compounds.

§113.1515, Aluminum, Copper, and Other Nonferrous Foundries

Area Sources (40 Code of Federal Regulations Part 63, Subpart

ZZZZZZ)

The commission adopts new §113.1515 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part ZZZZZZ, adopted by the EPA on June 25, 2009 (74 FR

30366), with amendments published on September 10, 2009

(74 FR 46493). This GACT standard applies to area source

facilities that pour molten aluminum, copper, or other nonferrous

metals into molds to manufacture castings. HAPs emitted from

these facilities include chromium, beryllium, cadmium, lead,

manganese, and nickel compounds. The September 10, 2009,

amendments clarified applicability requirements and terminol

ogy in 40 CFR §63.11544, Am I subject to this subpart?.

§113.1520, Asphalt Processing and Asphalt Roofing Manufac

turing Area Sources (40 Code of Federal Regulations Part 63,

Subpart AAAAAAA)

The commission adopts new §113.1520 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

AAAAAAA, adopted by the EPA on December 2, 2009 (74 FR

63236), with amendments published on March 18, 2010 (75 FR

12988). This GACT standard applies to asphalt processing and

asphalt roofing manufacturing operations that are area sources.

HAPs emitted from these facilities include polycyclic aromatic

hydrocarbons. The March 18, 2010, amendments corrected ty

pographical errors in §40 CFR 63.11563, What are my monitor

ing requirements?, and corrected cross references in 40 CFR

§63.11564, What are my notification, recordkeeping, and report

ing requirements?.

§113.1525, Chemical Preparations Industry Area Sources (40

Code of Federal Regulations Part 63, Subpart BBBBBBB)

The commission adopts new §113.1525 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

BBBBBBB, adopted by the EPA on December 30, 2009 (74 FR

69194). This GACT standard applies to area source facilities

that manufacture chemical preparations containing compounds

of chromium, lead, manganese, or nickel, except for manufac

turers of certain types of ink. HAPs emitted from these facilities

include chromium, lead, manganese, and nickel compounds.

§113.1530, Paints and Allied Products Manufacturing Area

Sources (40 Code of Federal Regulations Part 63, Subpart

CCCCCCC)



## 38 TexReg 5306 August 16, 2013 Texas RegisterThe commission adopts new §113.1530 by incorporating by ref

erence the final promulgated rules in 40 CFR Part 63, Subpart

CCCCCCC, adopted by the EPA on December 3, 2009 (74 FR

63504), with amendments published on March 5, 2010 (75 FR

10184) and June 3, 2010 (75 FR 31317). This GACT stan

dard applies to area source facilities that manufacture materi

als such as paint, ink, or adhesive that are intended to be ap

plied to a substrate and consist of a mixture of resins, pigments,

solvents, or other additives. HAPs emitted from these facilities

include benzene, methylene chloride, and compounds of cad

mium, chromium, lead, and nickel. The March 5, 2010, amend

ments corrected cross-references and other editorial errors. The

June 3, 2010, amendments revised the definition of "material

containing hazardous air pollutants" to restore language relating

to a de minimis concentration of non-carcinogens.

§113.1535, Prepared Feeds Manufacturing Area Sources (40

Code of Federal Regulations Part 63, Subpart DDDDDDD)

The commission adopts new §113.1535 by incorporating by

reference the final promulgated rules in 40 CFR Part 63,

Subpart DDDDDDD, adopted by the EPA on January 5, 2010

(75 FR 522), with amendments published on July 20, 2010

(75 FR 41991) and December 23, 2011 (76 FR 80261). This

GACT standard applies to prepared animal feed manufacturing

operations that are area sources. HAPs emitted from these

facilities include chromium and manganese compounds. The

July 20, 2010, amendments corrected the date for new sources

to submit a Notification of Compliance Status form, corrected

the information to be included in the Notification of Compliance

Report, and restored language relating to submittal of the

annual compliance certification report. The December 23, 2011,

amendments revised GACT requirements for pelleting pro

cesses at large, existing prepared feeds manufacturing facilities,

and associated requirements for compliance demonstration,

monitoring, reporting, and recordkeeping. The December 23,

2011, amendments also clarified the requirement that doors be

kept closed in areas where materials containing chromium and

manganese are present; and clarified the requirement to install

a device to minimize emissions at the point of bulk loadout.

§113.1555, Polyvinyl Chloride and Copolymers Production Ma

jor Sources (40 Code of Federal Regulations Part 63, Subpart

HHHHHHH)

The commission adopts new §113.1555 by incorporating by

reference the final promulgated rules in 40 CFR Part 63, Sub

part HHHHHHH, adopted by the EPA on April 17, 2012 (77 FR

22848). This MACT standard applies to PVC and copolymers

production operations that are major sources, or are located at

major sources. The primary HAP emitted from these facilities

is vinyl chloride.

Final Regulatory Impact Analysis Determination

The commission reviewed the rulemaking in light of the regula

tory impact analysis requirements of Texas Government Code,

§2001.0225, and determined that the rulemaking does not meet

the definition of a major environmental rule as defined in that

statute, and in addition, if it did meet the definition, would not be

subject to the requirement to prepare a regulatory impact analy

sis.

A major environmental rule means a rule, the specific intent of

which is to protect the environment or reduce risks to human

health from environmental exposure, and that may adversely af

fect in a material way the economy, a sector of the economy, pro

ductivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The specific in

tent of these rules is to adopt amendments to a number of ex

isting NESHAPs incorporated into Chapter 113, adopt incorpo

rations of a number of recently-promulgated NESHAPs not yet

incorporated into Chapter 113, and repeal several Chapter 113

sections that reference NESHAPs that are no longer effective

due to court actions. The NESHAPs are promulgated by the

EPA for source categories mandated by 42 United States Code

(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 EPA

develops to regulate emissions of HAPs as required under the

FCAA. Certain sources of HAPs will be affected and stationary

sources are required to comply with federal standards whether

or not the commission adopts the standards or takes delegation

from the EPA. The rules are not anticipated to add any significant

additional costs to affected individuals or businesses beyond

what is already required to comply with federal MACT standards

on the economy, a sector of the economy, productivity, competi

tion, 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 ap

plicability 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 specifically required by state law; 2) exceed an express re

quirement of state law, unless the rule is specifically required by

federal law; 3) exceed a requirement of a delegation agreement

or contract between the state and an agency or representative

of the federal government to implement a state and federal pro

gram; or 4) adopt a rule solely under the general powers of the

agency instead of under a specific state law.

Under 42 USC, §7661a, states are required to have federal op

erating permit programs that provide authority to issue permits

and assure compliance with each applicable standard, regula

tion, or requirement 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 imple

ment plans to attain and maintain the National Ambient Air Qual

ity Standards, states are not free to ignore requirements in 42

USC, §7661a, and must develop and submit programs to pro

vide for operating permits for major sources that include all ap

plicable requirements of the FCAA.

The requirement to provide a fiscal analysis of regulations in the

Texas Government Code was amended by Senate Bill (SB) 633

during the 75th Legislature, 1997. The intent of SB 633 was to re

quire agencies to conduct a regulatory impact analysis of extra

ordinary rules. These are identified in the statutory language as major environmental rules that will have a material adverse im

pact and will exceed a requirement of state law, federal law, or a delegated federal program, or are adopted solely under the gen

eral powers of the agency. With the understanding that this re

quirement 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 significant fiscal implications for the agency due

to its limited application." The commission also noted that the

number of rules that would require assessment under the pro

visions of the bill was not large. This conclusion was based, in

part, on the criteria set forth in the bill that exempted rules from



## ADOPTED RULES August 16, 2013 38 TexReg 5307the 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 specific federal requirements. The legis

lature is presumed to understand this federal scheme. If each

rule proposed by the commission in order to meet a federal re

quirement was considered to be a major environmental rule that

exceeds federal law, then each of those rules would require the

full Regulatory Impact Analysis (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 fiscal notes. Since the legislature is presumed

to understand the fiscal 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 is no greater than is necessary or appropriate to meet

the requirements of the FCAA, and in fact creates no additional

impacts since the rules do not modify the federal NESHAP, but

are incorporations by reference, which do not change the federal

requirements, or repeals of current 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 legisla

ture 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) superseded by statute on another point

of law, Tax Code §112.108, Other Actions Prohibited, as recog

nized in, First State Bank of Dumas v. Sharp, 863 S.W. 2d 81,

83, (Tex. App. Austin 1993, no writ.); Cf. Humble Oil & Refining

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 Pro

cedure Act (APA) by the legislature in 1999. In an attempt to

limit the number of rule challenges based upon APA require

ments, the legislature clarified that state agencies are required

to meet these sections of the APA against the standard of "sub

stantial compliance" (See Texas Government Code, §2001.035).

The legislature specifically identified 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 Texas Govern

ment Code, §2001.0225.

The adopted rules implement requirements of the FCAA. The

NESHAP standards being incorporated into state law are fed

eral 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 modification or substitution,

and will not exceed any standard set by state or federal law, or

are repeals of existing requirements. These rules are not an

express requirement of state law. The rules do not exceed a re

quirement of a delegation agreement or a contract between state

and federal government, as the EPA delegates the NESHAP to

Texas in accordance with the delegation procedures codified in

40 CFR Part 63. The amendments were not developed solely

under the general powers of the agency, but are authorized by

specific 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 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 reg

ulatory impact analysis determination during the public comment

period. No comments were received.

Takings Impact Assessment

The commission evaluated the adopted rulemaking and per

formed an analysis of whether the rulemaking constitutes a taking under Texas Government Code, Chapter 2007. The

commission's assessment indicates Texas Government Code,

Chapter 2007 does not apply.

Under Texas Government Code, §2007.002(5), taking means: "(A) 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 Amend

ments to the United States Constitution or Section 17 or 19, Ar

ticle I, Texas Constitution; or (B) a governmental action that: (i)

affects an owner's private real property that is the subject of the

governmental action, in whole or in part or temporarily or perma

nently, in a manner that restricts or limits the owner's right to the

property that would otherwise exist in the absence of the govern

mental action; and (ii) is the producing cause of a reduction of at

least 25 percent in the market value of the affected private real

property, determined by comparing the market value of the prop

erty as if the governmental action 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

the rulemaking action under the Texas Government Code,

§2007.043. The specific intent of these rules is to adopt amend

ments to a number of existing NESHAPs incorporated into

Chapter 113, adopt incorporations of a number of recently-pro

mulgated NESHAPs not yet incorporated into Chapter 113, and

repeal several Chapter 113 sections that reference NESHAPs

that are no longer effective due to court actions. The NESHAPs

are promulgated by the EPA 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 HAPs as required

under the FCAA. Certain sources of HAPs will be affected and

stationary sources are required to comply with federal standards

whether or not the commission adopts the standards or takes

delegation from the EPA. The adopted rules will not create any

additional burden on private real property. Under federal law,



## 38 TexReg 5308 August 16, 2013 Texas Registerthe 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 adopted rules 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 rulemaking will not cause a taking under

the Texas Government Code, Chapter 2007.

Consistency with the Coastal Management Program

The commission determined that this rulemaking action relates

to an action or actions subject to the Texas Coastal Manage

ment Program (CMP) in accordance with the Coastal Coordina

tion Act of 1991, as amended (Texas Natural Resources Code,

§§33.201, et seq.), and commission rules in 30 TAC Chapter

281, Subchapter B, Consistency with Texas Coastal Manage

ment Program. As required by 30 TAC §281.45(a)(3), Actions

Subject to Consistency with the Goals and Policies of the CMP,

and 31 TAC §505.11(b)(2), Actions and Rules Subject to the

Coastal Management Program, commission rules governing air

pollutant emissions must be consistent with the applicable goals

and policies of the CMP. The commission reviewed this action

for consistency with the CMP goals and policies in accordance

with the rules of the Coastal Coordination Advisory Committee

and determined that the action is consistent with the applicable

CMP goals and policies.

The CMP goal applicable to this rulemaking action is the goal

to protect, preserve, restore, and enhance the diversity, quality,

quantity, functions, and values of coastal natural resource ar

eas (31 TAC §501.12(l), Goals). The CMP policy applicable to

this rulemaking action is the policy that commission rules com

ply with federal regulations in 40 CFR, to protect and enhance air

quality in the coastal areas (31 TAC §501.32, Policies for Emis

sion of Air Pollutants). The adopted rules incorporate federal

regulations concerning emissions of HAPs from certain indus

tries into Chapter 113, allowing the commission to enforce those

standards. This would tend to benefit the environment because

it would result in lower emissions of HAPs. Therefore, in accor

dance with 31 TAC §505.22(e), Consistency Required for New

Rules and Rule Amendments Subject to the Coastal Manage

ment Program, the commission affirms that this rulemaking ac

tion is consistent with CMP goals and policies.

The commission invited public comment regarding the consis

tency of this rulemaking with the CMP during the public comment

period. No comments were received.

Effect on Sites Subject to the Federal Operating Permits Pro

gram

Chapter 113 is an applicable requirement under 30 TAC Chapter

122, Federal Operating Permits Program. Owners or operators

subject to the Federal Operating Permits Program must, consis

tent 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. In addition, own

ers and operators of area sources should be aware that federal

rules require certain area source categories to obtain a federal

operating permit.

Public Comment The commission held a public hearing on the proposed rules in

Austin on April 11, 2013. The comment period for the proposed

rules closed on April 15, 2013. No comments on the proposed

rules were received.



### 30 TAC §§113.100, 113.120, 113.130, 113.180, 113.190,

113.230, 113.240, 113.260, 113.290, 113.300, 113.340,

113.390, 113.400, 113.410, 113.420, 113.560, 113.600,

113.610, 113.620, 113.640, 113.650, 113.670, 113.690,

113.770, 113.790, 113.880, 113.890, 113.1040, 113.1090,

113.1110, 113.1130, 113.1140, 113.1160, 113.1170, 113.1300,

113.1320, 113.1340, 113.1350, 113.1370, 113.1380, 113.1390,

113.1400, 113.1410, 113.1425, 113.1435, 113.1445, 113.1450,

113.1455, 113.1460, 113.1465, 113.1470, 113.1475, 113.1480,

113.1485, 113.1495, 113.1500, 113.1505, 113.1510, 113.1515,

113.1520, 113.1525, 113.1530, 113.1535, 113.1555

Statutory Authority

The amendments and new sections are adopted under Texas

Water Code (TWC), §5.103, concerning Rules, and TWC,

§5.105, concerning General Policy, which authorize the com

mission to adopt rules necessary to carry out its powers and

duties under the TWC; and under Texas Health and Safety

Code (THSC), §382.017, concerning Rules, which authorizes

the commission to adopt rules consistent with the policy and

purpose of the Texas Clean Air Act. The amendments and new

sections are also adopted under THSC, §382.002, concerning

Policy and Purpose, which establishes the commission's pur

pose to safeguard the state's air resources, consistent with the

protection of public health, general welfare, and physical prop

erty; THSC, §382.011, concerning General Powers and Duties,

which authorizes the commission to control the quality of the

state's air; THSC, §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; THSC, §382.016, concerning Monitoring Requirements;

Examination of Records, which authorizes the commission to

prescribe reasonable requirements for measuring and monitor

ing the emissions of air contaminants; and THSC, §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 amendments and new sections implement THSC,

§§382.002, 382.011, 382.012, 382.016, 382.017, and 382.051.

§113.100. General Provisions (40 Code of Federal Regulations Part

63, Subpart A).

The General Provisions for the National Emission Standards for Haz

ardous Air Pollutants for Source Categories as specified in 40 Code

of Federal Regulations (CFR) Part 63, Subpart A, are incorporated by

reference as amended through February 1, 2013 (78 FR 7488) with the

following exceptions.

(1) The language of 40 CFR §63.5(e)(2)(i) is amended to

read as follows: The executive director will notify the owner or opera

tor in writing of approval or intention to deny approval of construction

or reconstruction within 180 calendar days after receipt of sufficient in

formation to evaluate an application submitted under 40 CFR §63.5(d).

The 180-day approval or denial period will begin after the owner or op

erator has been notified in writing that the application is complete. The

executive director will notify the owner or operator in writing of the

status of the application, that is, whether the application contains suf

ficient information to make a determination, within 90 calendar days



## ADOPTED RULES August 16, 2013 38 TexReg 5309

## ♦ ♦ ♦ after receipt of the original application and within 60 calendar days after receipt of any supplementary information that is submitted.

(2) The language of 40 CFR §63.6(i)(12)(i) is amended to

read as follows: The executive director will notify the owner or operator in writing of approval or intention to deny approval of a request

for an extension of compliance within 60 calendar days after receipt

of sufficient information to evaluate a request submitted under 40 CFR

§63.6(i)(4)(i) or (i)(5). The 60-day approval or denial period will begin after the owner or operator has been notified in writing that the

application is complete. The executive director will notify the owner

or operator in writing of the status of the application, that is, whether

the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application

and within 30 calendar days after receipt of any supplementary information that is submitted.

(3) The language of 40 CFR §63.6(i)(13)(i) is amended to

read as follows: The executive director will notify the owner or operator in writing of approval or intention to deny approval of a request

for an extension of compliance within 60 calendar days after receipt

of sufficient information to evaluate a request submitted under 40 CFR

§63.6(i)(4)(ii). The 60-day approval or denial period will begin after

the owner or operator has been notified in writing that the application

is complete. The executive director will notify the owner or operator

in writing of the status of the application, that is, whether the application contains sufficient information to make a determination, within

30 calendar days after receipt of the original application and within 30

calendar days after receipt of any supplementary information that is

submitted.

(4) The language of 40 CFR §63.6(i)(13)(ii) is amended to

read as follows: When notifying the owner or operator that the application is not complete, the executive director will specify the information

needed to complete the application and provide notice of opportunity

for the applicant to present, in writing, within 30 calendar days after

they are notified of the incomplete application, additional information,

or arguments to the executive director to enable further action on the

application.

(5) The language of 40 CFR §63.8(e)(5)(ii) is amended to

read as follows: The owner or operator of an affected source using a

Continuous Opacity Monitoring System (COMS) to determine opacity

compliance during any performance test required under §63.7 and described in §63.6(d)(6) shall furnish the executive director two or, upon

request, three copies of a written report of the results of the COMS

performance evaluation under this paragraph. The copies shall be provided at least 30 calendar days before the performance test required

under §63.7 is conducted.

(6) The language of 40 CFR §63.9(i)(3) is amended to read

as follows: If, in the executive director's judgment, an owner or operator's request for an adjustment to a particular time period or postmark

deadline is warranted, the executive director will approve the adjustment. The executive director will notify the owner or operator in writing of approval or disapproval of the request for an adjustment within

30 calendar days of receiving sufficient information to evaluate the request.

(7) The language of 40 CFR §63.10(e)(2)(ii) is amended to

read as follows: The owner or operator of an affected source using a

COMS to determine opacity compliance during any performance test

required under §63.7 and described in §63.6(d)(6) shall furnish the executive director two or, upon request, three copies of a written report

of the results of the COMS performance evaluation conducted under §63.8(e). The copies shall be furnished at least 30 calendar days be

fore the performance test required under §63.7 is conducted.

§113.690. Portland Cement Manufacturing Industry (40 Code of

Federal Regulations Part 63, Subpart LLL).

The Portland Cement Manufacturing Industry Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regu

lations Part 63, Subpart LLL, is incorporated by reference as amended

through February 12, 2013 (78 FR 10006).

§113.1090. Reciprocating Internal Combustion Engines (40 Code of

Federal Regulations Part 63, Subpart ZZZZ).

The Reciprocating Internal Combustion Engines Maximum Achiev

able Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart ZZZZ, is incorporated by reference as

amended through January 30, 2013 (78 FR 6674).

§113.1130. Industrial, Commercial, and Institutional Boilers and

Process Heaters Major Sources (40 Code of Federal Regulations Part

63, Subpart DDDDD).

The Industrial, Commercial, and Institutional Boilers and Process

Heaters Maximum Achievable Control Technology standard as spec

ified in 40 Code of Federal Regulations Part 63, Subpart DDDDD, is

incorporated by reference as amended through January 31, 2013 (78

FR 7138).

§113.1300. Coal- and Oil-Fired Electric Utility Steam Generating

Units (40 Code of Federal Regulations Part 63, Subpart UUUUU).

The Coal- and Oil-Fired Electric Utility Steam Generating Units Maxi

mum Achievable Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart UUUUU, is incorporated by

reference as amended through April 24, 2013 (78 FR 24073).

§113.1435. Industrial, Commercial, and Institutional Boilers Area

Sources (40 Code of Federal Regulations Part 63, Subpart JJJJJJ).

The Industrial, Commercial, and Institutional Boilers Area Sources

standard as specified in 40 Code of Federal Regulations Part 63, Sub

part JJJJJJ, is incorporated by reference as amended through February

1, 2013 (78 FR 7488).

This agency hereby certifies 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 Office of the Secretary of State on August 1, 2013.

TRD-201303134

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: August 21, 2013

Proposal publication date: March 15, 2013

For further information, please call: (512) 239-0779



### 30 TAC §§113.150, 113.1190, 113.1200

Statutory Authority

The repeal is adopted under Texas Water Code (TWC), §5.103,

concerning Rules, and TWC, §5.105, concerning General Pol

icy, which authorize the commission to adopt rules necessary

to carry out its powers and duties under the TWC; and under



## 38 TexReg 5310 August 16, 2013 Texas Register

## ♦ ♦ ♦

♦ ♦ ♦ Texas Health and Safety Code (THSC), §382.017, concerning

Rules, which authorizes the commission to adopt rules consis

tent with the policy and purpose of the Texas Clean Air Act. The

repeal is also adopted under THSC, §382.002, concerning Pol

icy and Purpose, which establishes the commission's purpose

to safeguard the state's air resources, consistent with the pro

tection of public health, general welfare, and physical property;

THSC, §382.011, concerning General Powers and Duties, which

authorizes the commission to control the quality of the state's

air; THSC, §382.012, concerning the State Air Control Plan,

which authorizes the commission to prepare and develop a gen

eral, comprehensive plan for the proper control of the state's

air; THSC, §382.016, concerning Monitoring Requirements; Ex

amination of Records, which authorizes the commission to pre

scribe reasonable requirements for measuring and monitoring

the emissions of air contaminants; and THSC, §382.051, con

cerning Permitting Authority of the Commission; Rules, which

authorizes the commission to adopt rules as necessary to com

ply with changes in federal law or regulations applicable to per

mits issued under the Texas Clean Air Act.

The repeal implements THSC, §§382.002, 382.011, 382.012,

382.016, 382.017, and 382.051.

This agency hereby certifies 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 Office of the Secretary of State on August 1, 2013.

TRD-201303133

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: August 21, 2013

Proposal publication date: March 15, 2013

For further information, please call: (512) 239-0779



## TITLE 40. SOCIAL SERVICES AND ASSIS

TANCE



# PART 5. TEXAS VETERANS LAND

BOARD

CHAPTER 175. GENERAL RULES OF THE

VETERANS LAND BOARD SUBCHAPTER A. GENERAL RULES AND

CONTRACTING FINANCING

40 TAC §175.18

The Texas Veterans Land Board (the "Board") adopts an amend

ment to §175.18, relating to Resale of Forfeited Land, without

changes to the proposed text published in the May 10, 2013,

issue of the Texas Register (38 TexReg 2838). The amended

section will not be republished.

Background

The Veterans Land Board has previously authorized the resale

of forfeited tracts to eligible veterans by way of a note and deed

of trust. The amendment to §175.18 will also allow for the sale

of forfeited tract to non-veterans by way of a note and deed of

trust.

Comments

There were no comments received during the 30-day comment

period.

Legal Authority

The amendment is adopted pursuant to the provisions of Texas

Natural Resources Code, Chapter 161, §§161.001, 161.061,

161.063, and 161.319, which authorize the Board to adopt rules

that it considers necessary and advisable for the Land Program.

This agency hereby certifies 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 Office of the Secretary of State on August 1, 2013.

TRD-201303164

Larry Laine

Chief Clerk, Deputy Land Commissioner, General Land Office

Texas Veterans Land Board

Effective date: August 21, 2013

Proposal publication date: May 10, 2013

For further information, please call: (512) 475-1859



## ADOPTED RULES August 16, 2013 38 TexReg 5311

## TABLES AND GRAPHICS August 16, 2013 38 TexReg 5329

## 38 TexReg 5330 August 16, 2013 Texas Register

## TABLES AND GRAPHICS August 16, 2013 38 TexReg 5331

## Effective: August 20 , 20 13

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Permanent Rule Change

Rule Project No. 20 13-0 04 -113- AI

Maximum Achievable Control Technology (MACT) and Generally Available Control

Technology (GACT) Standards Update

Chapter 113

Standards of Performance for Hazardous Air Pollutants and

for Designated Facilities and Pollutants

Subchapter C

1. Purpose . This change transmittal provides the page(s) that reflect changes and

additions to the Texas Commission on Environmental Quality (commission)

Volume of Permanent Rules.

2. Explanation of Change . On July 26 , 20 13 , the commission adopted amendments to

§§113.100

, 113. 120, 113.130

, 113.180, 113.190, 113.230, 113.240, 113.260, 113.290,

113.300, 113.340, 113.390, 113.400, 113.410, 113. 420, 113.560, 113.600, 113.610,

113.620, 113.640, 113.650, 113.670, 113.690, 113.770, 113.790, 113.880, 113.890,

113.1040, 113.1090, 113.1110, 113.1140, 113.1160, 113.1170, 113.1390, 113.1400, and

113.1410; adopt ed the repeal of §§113. 150, 113.1190, and 11 3.1200; and adopt ed new

§§ 113.1130, 113.1300, 113.1320, 113.1340, 113.1350, 113.1370, 113.1380, 113.1425,

113.1435, 113.1445, 113.1450, 113.1455, 113.1460, 113.1465, 113.1470, 113.1475,

113.1480, 113.1485, 113.1495, 113.1500, 113.1505, 113.1510, 113.1515, 113.1520,

113.1525, 113.1530, 113.1535, and 113.1555

.

Sections 113.100, 113.690, 113.1090, 113.1130, 113.1300, and 113.1435 are adopted

with changes to the proposed text. All other sections are adopted without changes

to the proposed text and w ere not republished . The rules adopted in this action

were proposed in the March 15, 2013, issue of the Texas Register (38 TexReg 1801).

3. Effect of Change

. The rulemaking incorporate s by reference 25 new area source

MACT and GACT standards into Chapter 113, Subchapter C. Three new major

source MACT standards are also incorporated by reference. Approximately 30

existing MACT standards already in Chapter 113, Subchapter C are updated to

maintain consistency with the corresponding federal regulations. Three existing

MACT standards in Chapter 113 are repealed as a result of court decisions that

vacated those standards.

### 1 

## INDEX

CHAPTER 113

STANDARDS OF PERFORMANCE FOR HAZARDOUS AIR POLLUTANTS AND FOR

DESIGNATED FACILITIES AND POLLUTANTS

SUBCHAPTER A: DEFINITIONS

§ 113.1. Definitions.

SUBCHAPTER B: NATIONAL EMISSION STANDARDS FOR

HAZARDOUS AIR POLLUTANTS

(FCCA , § 112, 40 CFR Part 61)

DIVISION 1: RADIONUCLIDE NESHAPS

§ 113.55. Radon Emissions from Phosphogypsum Stacks (40 CFR 61, Subpart R).

SUBCHAPTER C: NATIONAL EMISSION STANDARDS FOR HAZARDOUS

AIR POLLUTANTS FOR SOURCE CATEGORIES

(FCAA, §1 12, 40 CFR Part 63)

§ 113.100. General Provisions (40 Code of Federal Regulations Part 63, Subpart A).

§ 113.105. Requirements for Control Technology Determinations for Major Sources in

Accordance with Clean Air Act, § 112(j) (40 Code of Federal Regulations Part

63, Subpa rt B, §§ 63.50

- 63.56).

§ 113.106. List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity

Designations, Source Category List (40 Code of Federal Regulations Part 63,

Subpart C).

§ 113.110. Synthetic Organic Chemical Manufacturing Industry (40 Code of Federal

Regulations Part 63, Subpart F).

§ 113.120. Synthetic Organic Chemical Manufacturing Industry for Process Vents,

Storage Vessels, Transfer Operations, and Wastewater (40 Code of Federal

Regulations Part 63, Subpart G).

§ 113.130. Organic Hazardous Air Pollutants for Equipment Leaks (40 Code of Federal

Regulations Part 63, Subpart H).

§ 113.140. Certain Processes Subject to the Negotiated Regulation for Equipment Leaks

(40 Code of Federal Regulations Part 63, Subpart I).

§ 113.170. Coke Oven Batteries (40 Code of Federal Regulations Part 63, Subpart L).

§ 113.180. Perchloroethylene Dry Cleaning Facilities (40 Code of Federal Regulations

Part 63, Subpart M).

§113.190 . Chromium Emissions from Hard and Decorative Chromium Electroplating

### 2 

## and Chr omium Anodizing Tanks (40 Code of Federal Regulations Part 63,

Subpart N).

§ 113.220. Industrial Process Cooling Towers (40 Code of Federal Regulations Part 63,

Subpart Q).

§ 113.230. Gasoline Distribution Facilities (40 Code of Federal Regulations Part 63,

Subpart R).

§ 113.240. Pulp and Paper Industry (40 Code of Federal Regulations Part 63, Subpart S).

§ 113.250. Halogenated Solvent Cleaning (40 Code of Federal Regulations Part 63,

Subpart T ).

§ 113.260. Group I Polymers and Resins (40 Code of Federal Regulations Part 63,

Subpart U).

§ 113.280. Epoxy Resins Production and Non

- Nylon Polyamides Production (40 Code of

Federal Regulations Part 63, Subpart W).

§ 113.290. Secondary Lead Smelting (40 Code of Federal Regulations Part 63, Subpart

X).

§ 113.300. Marine Tank Vessel Loading Operations (40 Code of Federal Regulations Part

63, Subpart Y).

§ 113.320. Phosphoric Acid Manufacturing Plants (40 Code of Federal Regulations Part

6 3, Subpart AA).

§ 113.330. Phosphate Fertilizers Production Plants (40 Code of Federal Regulations Part

63, Subpart BB).

§ 113.340. Petroleum Refineries (40 Code of Federal Regulations Part 63, Subpart CC).

§ 113.350. Off

- Site Waste and Recovery Operations (40 Code of Federal Regulations Part

63, Subpart DD).

§ 113.360. Magnetic Tape Manufacturing Operations (40 Code of Federal Regulations

Part 63, Subpart EE).

§ 113.380. Aerospace Manufacturing and Rework Facilities (40 Code of Federal

Regulations Part 63, Subpart GG).

§ 113.390. Oil and Natural Gas Production Facilities (40 Code of Federal Regulations

Part 63, Subpart HH).

§ 113.400. Shipbuilding and Ship Repair (Surface Coating) (40 Code of Federal

Regulations Part 63, Subpart II).

§ 113.410. Wood Furnitu re Manufacturing Operations (40 Code of Federal Regulations

Part 63, Subpart JJ).

§ 113.420. Printing and Publishing (40 Code of Federal Regulations Part 63, Subpart

KK).

§ 113.430. Primary Aluminum Reduction Plants (40 Code of Federal Regulations Part

63, Subpart LL).

§ 113.440. Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand

Alone Semichemical Pulp Mills (40 Code of Federal Regulations Part 63,

Subpart MM).

§ 113.460. Tanks

- Level 1 (40 Code of Federal Regulations Part 63, Subpart OO).

§ 113.470. Containers (40 Code of Federal Regulations Part 63, Subpart PP).

§ 113.480. Surface Impoundments (40 Code of Federal Regulations Part 63, Subpart

QQ).

### 3 

## § 113.490. Individual Drain Systems (40 Code of Federal Regulations Part 63, Subpart

RR)

. § 113.500. Closed Vent Systems, Control Devices, Recovery Devices, and Routing to a

Fuel Gas System or a Process (40 CFR 63, Subpart SS).

§ 113.510. Equipment Leaks

- Control Level 1 (40 CFR 63, Subpart TT).

§ 113.520. Equipment Leaks

- Control Level 2 ( 40 CFR 63, Subpart UU).

§ 113.530. Oil

- Water Separators and Organic

- Water Separators (40 Code of Federal

Regulations Part 63, Subpart VV).

§ 113.540. Storage Vessels (Tanks)

- Control Level 2 (40 CFR 63, Subpart WW).

§ 113.550. Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste

Operations (40 C ode of F ederal R egulations Part 63, Subpart XX).

§ 113.560. Generic Maximum Achievable Control Technology Standards (40 C ode of

F ederal R egulations Part 63, Subpart YY).

§ 113.600. Steel Pickl ing

- HCl Process Facilities and Hydrochloric Acid Regeneration

Plants (40 Code of Federal Regulations Part 63, Subpart CCC).

§ 113.610. Mineral Wool Production (40 Code of Federal Regulations Part 63, Subpart

DDD).

§ 113.620. Hazardous Waste Combustors (40 Code of Federal Regulations Part 63,

Subpart EEE).

§ 113.640. Pharmaceuticals Production (40 Code of Federal Regulations Part 63,

Subpart GGG).

§ 113.650. Natural Gas Transmission and Storage Facilities (40 Code of Federal

Regulations Part 63, Subpart HHH).

§ 113.660. Flexible Polyurethane Foam Production (40 Code of Federal Regulations Part

63, Subpart III).

§ 113.670. Group IV Polymers and Resins (40 Code of Federal Regulations Part 63,

Subpart JJJ).

§ 113.690. Portland Cement Manufa cturing Industry (40 Code of Federal Regulations

Part 63, LLL).

§ 113.700. Pesticide Active Ingredient Production (40 Code of Federal Regulations Part

63, Subpart MMM).

§ 113.710. Wool Fiberglass Manufacturing (40 Code of Federal Regulations Part 63,

Subpa rt NNN).

§ 113.720. Manufacture of Amino/Phenolic Resins (40 Code of Federal Regulations Part

63, Subpart OOO).

§ 113.730. Polyether Polyols Production (40 Code of Federal Regulations Part 63,

Subpart PPP).

§ 113.740. Primary Copper Smelting (40 C ode of Fe deral R egulations Part 63, Subpart

QQQ).

§ 113.750. Secondary Aluminum Production (40 Code of Federal Regulations Part 63,

Subpart RRR).

§ 113.770. Primary Lead Processing (40 Code of Federal Regulations Part 63, Subpart

TTT).

§ 113.780. Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units,

and Sulfur Recovery Units (40 C ode of F ederal R egulations Part 63, Subpart

### 4 

## UUU).

§ 113.790. Publicly Owned Treatment Works (40 Code of Federal Regulations Part 63,

Subpart VVV).

§ 113.810. Ferroalloys Production: Ferromanganese and Silicomanganese (40 Code of

Federal Regulations Part 63, Subpart XXX).

§ 113.840. Municipal Solid Waste Landfills (40 C ode of F ederal R egulations Part 63,

Subpart AAAA).

§ 113.860. Manufacturing of Nutritional Ye ast (40 CFR 63, Subpart CCCC).

§ 113.870. Plywood and Composite Wood Products (40 Code of Federal Regulations Part

63, Subpart DDDD).

§ 113.880. Organic Liquids Distribution (Non

- Gasoline) (40 Code of Federal

Regulations Part 63, Subpart EEEE).

§ 113.890. Miscellaneous Organic Chemical Manufacturing (40 Code of Federal

Regulations Part 63, Subpart FFFF).

§ 113.900. Solvent Extraction for Vegetable Oil Production (40 C ode of F ederal

R egulations Part 63, Subpart GGGG).

§ 113.910. Wet

- Formed Fiberglass Mat Pro duction (40 Code of Federal Regulations Part

63, Subpart HHHH).

§ 113.920. Surface Coating of Automobiles and Light

- Duty Trucks (40 Code of Federal

Regulations Part 63, Subpart IIII).

§ 113.930. Paper and Other Web Coating (40 Code of Federal Regulations P art 63,

Subpart JJJJ).

§ 113.940. Surface Coating of Metal Cans (40 Code of Federal Regulations Part 63,

Subpart KKKK).

§ 113.960. Surface Coating of Miscellaneous Metal Parts and Products (40 Code of

Federal Regulations Part63, Subpart MMMM).

§ 113.970. S urface Coating of Large Appliances (40 Code of Federal Regulations Part 63,

Subpart NNNN).

§ 113.980. Printing, Coating, and Dyeing of Fabrics and Other Textiles (40 Code of

Federal Regulations Part 63, Subpart OOOO).

§ 113.990. Surface Coating of Plastic Parts and Products (40 Code of Federal Regulations

Part 63, Subpart PPPP).

§ 113.1000. Surface Coating of Wood Building Products (40 Code of Federal Regulations

Part 63, Subpart QQQQ).

§ 113.1010. Surface Coating of Metal Furniture (40 Code of Federal Regulations Part 63,

Subpart RRRR).

§ 113.1020. Surface Coating of Metal Coil (40 CFR 63, Subpart SSSS).

§ 113.1030. Leather Finishing Operations (40 Code of Federal Regulations Part 63,

Subpart TTTT).

§ 113.1040. Cellulose Products Manufac turing (40 Code of Federal Regulations Part 63,

Subpart UUUU).

§ 113.1050. Boat Manufacturing (40 CFR 63, Subpart VVVV).

§ 113.1060. Reinforced Plastic Composites Production (40 Code of Federal Regulations

Part 63, Subpart WWWW).

§ 113.1070. Rubber Tire Ma nufacturing (40 Code of Federal Regulations Part 63,

### 5 

## Subpart XXXX).

§ 113.1080. Stationary Combustion Turbines (40 Code of Federal Regulations Part 63,

Subpart YYYY).

§ 113.1090. Reciprocating Internal Combustion Engines (40 Code of Federal Regulations

Par t 63, Subpart ZZZZ).

§ 113.1100. Lime Manufacturing Plants (40 Code of Federal Regulations Part 63,

Subpart AAAAA).

§ 113.1110. Semiconductor Manufacturing (40 Code of Federal Regulations Part 63,

Subpart BBBBB).

§ 113.1120. Coke Ovens: Pushing, Quenching, and Battery Stacks (40 Code of Federal

Regulations Part 63, Subpart CCCCC).

§113.1130 . Industrial, Commercial, and Institutional Boilers and Process Heaters Major

Sources (40 Code of Federal Regulations Part 63, Subpart DDDDD).

§ 113.1140. Iron and Steel Foundries (40 Code of Federal Regulations Part 63, Subpart

EEEEE).

§ 113.1150. Integrated Iron and Steel Manufacturing Facilities (40 Code of Federal

Regulations Part 63, Subpart FFFFF).

§ 113.1160. Site Remediation (40 Code of Federal Regulatio ns Part 63, Subpart

GGGGG).

§ 113.1170. Miscellaneous Coating Manufacturing (40 Code of Federal Regulations Part

63, Subpart HHHHH).

§ 113.1180. Mercury Emissions from Mercury Cell Chlor

- Alkali Plants (40 Code of

Federal Regulations Part 63, Subpart IIIII)

. § 113.1210. Asphalt Processing and Asphalt Roofing Manufacturing (40 Code of Federal

Regulations Part 63, Subpart LLLLL).

§ 113.1220. Flexible Polyurethane Foam Fabrication Operations (40 Code of Federal

Regulations Part 63, Subpart MMMMM).

§ 113.1230. H ydrochloric Acid Production (40 Code of Federal Regulations Part 63,

Subpart NNNNN).

§ 113.1250. Engine Test Cells/Stands (40 Code of Federal Regulations Part 63, Subpart

PPPPP).

§ 113.1260. Friction Materials Manufacturing Facilities (40 Code of Federal R egulations

Part 63, Subpart QQQQQ).

§ 113.1270. Taconite Iron Ore Processing (40 Code of Federal Regulations Part 63,

Subpart RRRRR).

§ 113.1280. Refractory Products Manufacturing(40 Code of Federal Regulations Part 63,

Subpart SSSSS).

§ 113.1290. Primary Magnesium Refining (40 Code of Federal Regulations Part 63,

Subpart TTTTT).

§113.1 300. Coal

- and Oil

- Fired Electric Utility Steam Generating Units (40 Code of

Federal Regulations Part 63, Subpart UUUUU).

§113.13 20

. Hospital Ethylene Oxide Sterilizers Are a Sources (40 Code of Federal

Regulations Part 63, Subpart WWWWW).

§113.13 40. Electric Arc Furnace Steelmaking Facilities Area Sources (40 Code of Federal

Regulations Part 63, Subpart YYYYY).

### 6 

## §113.13 50. Iron and Steel Foundries Area Sources (40 Code of Federal Regulations Part

63, Subpart ZZZZZ).

§113.13 70. Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities

Area Sources (40 Code of Federal Regulations Part 63, Subpart BBBBBB).

§113.13 80. Gasoline Dispensing Facilities Area Sources (40 Code of Federal Regulations

Part 63, Subpart CCCCCC).

§ 113.1390. Polyvinyl Chloride and Copolymers Production Area Sources (40 Code of

Federal Regulations Part 63, Subpart DDDDDD).

§ 113.1400. Primary Copper Smelting Area Sources (40 Code of Federal Regulations Part

63, Subpart EEEEEE).

§ 113.1410. Secondary Copper Smelting Area Sources (40 Code of Federal Regulations

Part 63, Subpart FFFFFF).

§ 113.1420. Primary Nonferrous Metals Area Sources

– Zinc, Cadmium, and Beryllium

(40 Code of Federal Regulat ions Part 63, Subpart GGGGGG).

§113.1 425. Paint Stripping and Miscellaneous Surface Coating at Area Sources (40 Code

of Federal Regulations Part 63, Subpart HHHHHH).

§113.1 435. Industrial, Commercial, and Institutional Boilers Area Sources (40 Code of

Fe deral Regulations Part 63, Subpart JJJJJJ).

§113.1 445. Acrylic and Modacrylic Fibers Area Sources (40 Code of Federal Regulations

Part 63, Subpart LLLLLL).

§113.1 450. Carbon Black Production Area Sources (40 Code of Federal Regulations Part

63, Subpart M MMMMM).

§113.1 455. Chemical Manufacturing Area Sources: Chromium Compounds (40 Code of

Federal Regulations Part 63, Subpart NNNNNN).

§113.1 460. Flexible Polyurethane Foam Production and Fabrication Area Sources (40

Code of Federal Regulations Part 63, S ubpart OOOOOO).

§113.1 465. Lead Acid Battery Manufacturing Area Sources (40 Code of Federal

Regulations Part 63, Subpart PPPPPP).

§113.1 475. Clay Ceramics Manufacturing Area Sources (40 Code of Federal Regulations

Part 63, Subpart RRRRRR).

§113.1 480. Glass Manufacturing Area Sources (40 Code of Federal Regulations Part 63,

Subpart SSSSSS).

§113.1 485. Secondary Nonferrous Metals Processing Area Sources (40 Code of Federal

Regulations Part 63, Subpart TTTTTT).

§113.1 495. Chemical Manufacturing Area Sources (40 Code of Federal Regulations Part

63, Subpart VVVVVV).

§ 113.1500. Plating and Polishing Area Sources (40 Code of Federal Regulations Part 63,

Subpart WWWWWW).

§113.1 505. Metal Fabrication and Finishing Area Sources (40 Code of Federal

Regulations Part 63, Subpart XXXXXX).

§113.1 510. Ferroalloys Production Facilities Area Sources (40 Code of Federal

Regulations Part 63, Subpart YYYYYY).

§113.1 515. Aluminum, Copper, and Other Nonferrous Foundries Area Sources (40 Code

of Federal Regulations Part 6 3, Subpart ZZZZZZ).

§113.1 520. Asphalt Processing and Asphalt Roofing Manufacturing Area Sources (40

### 7 

## Code of Federal Regulations Part 63, Subpart AAAAAAA).

§113.1 525. Chemical Preparations Industry Area Sources (40 Code of Federal

Regulations Part 63, Su bpart BBBBBBB).

§113.1 530. Paints and Allied Products Manufacturing Area Sources (40 Code of Federal

Regulations Part 63, Subpart CCCCCCC).

§113.1 535. Prepared Feeds Manufacturing Area Sources (40 Code of Federal

Regulations Part 63, Subpart DDDDDDD).

§1 13.1 555. Polyvinyl Chloride and Copolymers Production Major Sources (40 Code of

Federal Regulations Part 63, Subpart HHH HHHH)

.

SUBCHAPTER D: DESIGNATED FACILITIES AND POLLUTANTS

DIVISION 1: MUNICIPAL SOLID WASTE LANDFILLS

§ 113.2060. Definitions.

§ 113.2061. Standards for Air Emissions.

§ 113.2067. Exemptions.

§ 113.2069. Compliance Schedule.

DIVISION 2: HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

§ 113.2070. Definitions.

§ 113.2071. Designated Facilities.

§ 113.2072. Emission Limits.

§113.207 4. Inspection Requirements.

§ 113.2075. Compliance and Performance Testing Requirements.

§ 113.2076. Monitoring, Reporting, and Recordkeeping Requirements.

§ 113.2077. Waste Management Plan.

§ 113.2078. Operating Procedures and Operator Training/Qualification Requirements.

§ 113.2079. Compliance Schedules.

DIVISION 3: EMISSION GUIDELINES AND COMPLIANCE TIMES FOR SMALL

MUNICIPAL WASTE COMBUSTION UNITS CONSTRUCTED ON OR BEFORE

AUGUST 30, 1999

§113.2100. Definitions.

§113.2101. W hat are my requirements for meeting increments of progress and achieving

final compliance?

§113.2102. When must I complete each increment of progress?

§113.2103. What must I include in the notifications of achievement of my increments of

progress?

§113.2104. When must I submit the notifications of achievement of increments of

progress?

§113.2105. What if I do not meet an increment of progress?

§113.2106. How do I comply with the increment of progress for submittal of a control

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## SUBCHAPTER C: NATIONAL EMISSION STANDARDS FOR HAZARDOUS

AIR POLLUTANTS FOR SOURCE CATEGORIES

(FCAA § 112, 40 CFR Part 63)

Effective August 2 0, 20 13

§113.100. General Provisions (40 Code of Federal Regulations Part 63,

Subpart A).

The General Provisions for the National Emission Standards for Hazardous Air

Pollutants for Source Categories as specified in 40 Code of Federal Regulations (CFR)

Part 63, Subpart A, are incorporated by reference as amended through February 1, 2013

(78 FR 7488) with the followi ng exceptions.

(1) The language of 40 CFR §63.5(e)(2)(i) is amended to read as follows:

The executive director will notify the owner or operator in writing of approval or

intention to deny approval of construction or reconstruction within 180 calendar day s after receipt of sufficient information to evaluate an application submitted under 40

CFR §63.5(d). The 180

- day approval or denial period will begin after the owner or

operator has been notified in writing that the application is complete. The executive

director will notify the owner or operator in writing of the status of the application, that

is, whether the application contains sufficient information to make a determination,

within 90 calendar days after receipt of the original application and within 60 calendar

days after receipt of any supplementary information that is submitted.

(2) The language of 40 CFR §63.6(i)(12)(i) is amended to read as follows:

The executive director will notify the owner or operator in writing of approval or

intention to deny approval of a request for an extension of compliance within 60

calendar days after receipt of sufficient information to evaluate a request submitted

under 40 CFR §63.6(i)(4)(i) or (i)(5). The 60

- day approval or denial period will begin

after the owner or operator has been notified in writing that the application is complete.

The executive director will notify the owner or operator in writing of the status of the

application, that is, whether the application contains sufficient information to make a

determ ination, within 30 calendar days after receipt of the original application and

within 30 calendar days after receipt of any supplementary information that is

submitted.

(3) The language of 40 CFR §63.6(i)(13)(i) is amended to read as follows:

The executive director will notify the owner or operator in writing of approval or

intention to deny approval of a request for an extension of compliance within 60

calendar days after receipt of sufficient information to evaluate a request submitted

under 40 CFR §63.6 (i)(4)(ii). The 60

- day approval or denial period will begin after the

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## owner or operator has been notified in writing that the application is complete. The

executive director will notify the owner or operator in writing of the status of the

application, tha t is, whether the application contains sufficient information to make a

determination, within 30 calendar days after receipt of the original application and

within 30 calendar days after receipt of any supplementary information that is

submitted.

(4) The language of 40 CFR §63.6(i)(13)(ii) is amended to read as follows:

When notifying the owner or operator that the application is not complete, the executive

director will specify the information needed to complete the application and provide

notice of oppo rtunity for the applicant to present, in writing, within 30 calendar days

after they are notified of the incomplete application, additional information, or

arguments to the executive director to enable further action on the application.

(5) The language o f 40 CFR §63.8(e)(5)(ii) is amended to read as follows:

The owner or operator of an affected source using a Continuous Opacity Monitoring

System (COMS) to determine opacity compliance during any performance test required

under §63.7 and described in §63.6( d)(6) shall furnish the executive director two or,

upon request, three copies of a written report of the results of the COMS performance

evaluation under this paragraph. The copies shall be provided at least 30 calendar days

before the performance test req uired under §63.7 is conducted.

(6) The language of 40 CFR §63.9(i)(3) is amended to read as follows: If,

in the executive director's judgment, an owner or operator's request for an adjustment

to a particular time period or postmark deadline is warranted, the executive director will

approve the adjustment. The executive director will notify the owner or operator in

writing of approval or disapproval of the request for an adjustment within 30 calendar

days of receiving sufficient information to evaluate the request.

(7) The language of 40 CFR §63.10(e)(2)(ii) is amended to read as follows:

The owner or operator of an affected source using a COMS to determine opacity

compliance during any performance test required under §63.7 and described in

§63.6(d)(6) sha ll furnish the executive director two or, upon request, three copies of a

written report of the results of the COMS performance evaluation conducted under

§63.8(e). The copies shall be furnished at least 30 calendar days before the performance

test require d under §63.7 is conducted.

Adopted July 26, 20 13 Effective August 2 0 , 20 13

§113.105. Requirements for Control Technology Determinations for Major

Sources in Accordance with Clean Air Act, §112(j) (40 Code of Federal

Regulations Part 63, Subpart B, §§63.50

- 63.56).

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## The Requirements for Control Technology Determinations for Major Sources in

Accordance with Federal Clean Air Act, §112(j), 40 Code of Federal Regulations Part 63,

Subpart B, §§63.50

- 63.56, are incorporated by reference as amended thr ough July 11,

2005 (70 FR 39662).

Adopted December 5, 2007 Effective December 27, 2007

§113.106. List of Hazardous Air Pollutants, Petitions Process, Lesser

Quantity Designations, Source Category List (40 Code of Federal

Regulations Part 63, Subpart C).

The provisions of 40 Code of Federal Regulations Part 63, Subpart C, concerning

the List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations,

Source Category List, are incorporated by reference as amended through December 19,

200 5 (70 FR 75057).

Adopted December 5, 2007 Effective December 27, 2007

§113.110. Synthetic Organic Chemical Manufacturing Industry (40 Code of

Federal Regulations Part 63, Subpart F).

The Synthetic Organic Chemical Manufacturing Industry Maximum Achieva ble

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart F, is incorporated by reference as amended through December 21, 2006 (71 FR

76614).

Adopted December 5, 2007 Effective December 27, 2007

§113.120. Synthetic O rganic Chemical Manufacturing Industry for Process

Vents, Storage Vessels, Transfer Operations, and Wastewater (40 Code of

Federal Regulations Part 63, Subpart G).

The Synthetic Organic Chemical Manufacturing Industry for Process Vents,

Storage Vessels, T ransfer Operations, and Wastewater Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart G,

is incorporated by reference as amended through December 22, 2008 (73 FR 78199).

Adopted July 26 , 20 13 Effective August 2 0 , 20 13

§ 113.130. Organic Hazardous Air Pollutants for Equipment Leaks (40 Code

of Federal Regulations Part 63, Subpart H).

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## The Organic Hazardous Air Pollutants for Equipment Leaks Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart H, is incorporated by reference as amended through December 22,

2008 (73 FR 78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§ 113.140. Certain Processes Subject to the Negotiated Regula tion for

Equipment Leaks (40 Code of Federal Regulations Part 63, Subpart I).

The Certain Processes Subject to the Negotiated Regulations for Equipment

Leaks Maximum Achievable Control Technology standard as specified in 40 Code of

Federal Regulations Part 63, Subpart I, is incorporated by reference as amended

through June 23, 2003 (68 FR 37345).

Adopted May 25, 2005 Effective June 15, 2005

§113.170. Coke Oven Batteries (40 Code of Federal Regulations Part 63,

Subpart L).

The Coke Oven Batteries Maximu m Achievable Control Technology standard as

specified in 40 Code of Federal Regulations Part 63, Subpart L, is incorporated by

reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.180. Perchloroethylene Dry Cleaning Facilities (40 Code of Federal

Regulations Part 63, Subpart M).

The Perchloroethylene Dry Cleaning Facilities Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart M,

is incorporated by reference as amended through July 11, 2008 (73 FR 39871).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.190. Chromium Emissions from Hard and Decorative Chromium

Electroplating and Chromium Anodizing Tanks (40 Code of Federal

Re gulations Part 63, Subpart N).

The Chromium Emissions from Hard and Decorative Chromium Electroplating

and Chromium Anodizing Tanks Maximum Achievable Control Technology standard as

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## specified in 40 Code of Federal Regulations Part 63, Subpart N, is incorp orated by

reference as amended through September 19, 2012 (77 FR 58220).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.200. Ethylene Oxide Emissions Standards for Sterilization Facilities

(40 Code of Federal Regulations Part 63, Subpart O).

The Ethylene Oxide Emissions Standards for Sterilization Facilities Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart O, is incorporated by reference as amended through December 19,

2005 (70 FR 75320 ).

Adopted December 5, 2007 Effective December 27, 2007

§113.220. Industrial Process Cooling Towers (40 Code of Federal

Regulations Part 63, Subpart Q).

The Industrial Process Cooling Towers Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart Q, is

incorporated by reference as amended through April 7, 2006 (71 FR 17738).

Adopted December 5, 2007 Effective December 27, 2007

§113.230. Gasoline Distribution Facilities (40 Code of Federal Regulations

Part 63, Subpart R).

The Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline

Breakout Stations) Maximum Achievable Control Technology standard as specified in

40 Code of Federal Regulations Part 63, Subpart R, is incorporate d by reference as

amended through December 22, 2008 (73 FR 78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.240. Pulp and Paper Industry (40 Code of Federal Regulations Part 63,

Subpart S).

The Pulp and Paper Industry Maximum Achievable Cont rol Technology standard

as specified in 40 Code of Federal Regulations Part 63, Subpart S, is incorporated by

reference as amended through September 11, 2012 (77 FR 55698 ).

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## Adopted July 26, 2013 Effective August 2 0 , 2013

§113.250. Halogenated Solvent Cleaning (40 Code of Federal Regulations

Part 63, Subpart T).

The Halogenated Solvent Cleaning Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart T, is

incorporated by reference as amended throu gh May 3, 2007 (72 FR 25138).

Adopted December 5, 2007 Effective December 27, 2007

§113.260. Group I Polymers and Resins (40 Code of Federal Regulations

Part 63, Subpart U).

The Group I Polymers and Resins Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart U, is

incorporated by reference as amended through April 21, 2011 (76 FR 22566).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.280. Epoxy Resins Production and Non

- Nylon Polyamides Pr oduction

(40 Code of Federal Regulations Part 63, Subpart W).

The Epoxy Resins Production and Non

- Nylon Polyamides Production Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart W, is incorporate d by reference as amended through April 20, 2006 (71

FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§ 113.290. Secondary Lead Smelting (40 Code of Federal Regulations Part

63, Subpart X).

The Secondary Lead Smelting Maximum Achievable Control Technology standard as

specified in 40 Code of Federal Regulations Part 63, Subpart X, is incorporated by

reference as amended through January 5, 2012 (77 FR 556).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.300. Marine Tank Vessel Loading Operations (40 Code of Federal

Regulations Part 63, Subpart Y).

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## The Marine Tank Vessel Loading Operations Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart Y,

is incorporated by r eference as amended through April 21, 2011 (76 FR 22566).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.320. Phosphoric Acid Manufacturing Plants (40 Code of Federal

Regulations Part 63, Subpart AA).

The Phosphoric Acid Manufacturing Plants Maxi mum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

AA, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.330. Phosphate Fertilizers Production Plants (40 Code of Federal

Regulations Part 63, Subpart BB).

The Phosphate Fertilizers Production Plants Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

BB, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§ 113.340. Petroleum Refineries (40 Code of Federal Regulations Part 63,

Subpart CC).

The Petroleum Refineries Maximum Achi evable Control Technology standard as

specified in 40 Code of Federal Regulations Part 63, Subpart CC, is incorporated by

reference as amended through June 30, 2010 (75 FR 37730) .

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.350. Off

- Site Waste and Recovery Operations (40 Code of Federal

Regulations Part 63, Subpart DD).

The Off

- Site Waste and Recovery Operations Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

DD, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

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## § 113.360. Magnetic Tape Manufacturing Operations (40 Code of Federal

Regulations Part 63 , Subpart EE).

The Magnetic Tape Manufacturing Operations Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

EE, is incorporated by reference as amended through June 23, 2003 (68 FR 37352).

Adopted May 25, 2005 Effective June 15, 2005

§113.3 80. Aerospace Manufacturing and Rework Facilities (40 Code of

Federal Regulations Part 63, Subpart GG).

The Aerospace Manufacturing and Rework Facilities Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 6 3,

Subpart GG, is incorporated by reference as amended through April 20, 2006 (71 FR

20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.390. Oil and Natural Gas Production Facilities (40 Code of Federal

Regulations Part 63, Subpart HH).

T he Oil and Natural Gas Production Facilities Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

HH, is incorporated by reference as amended through August 16, 2012 (77 FR 49490) .

Adopted July 26 , 2013 Effective August 2 0 , 2013

§113.400. Shipbuilding and Ship Repair (Surface Coating) (40 Code of

Federal Regulations Part 63, Subpart II).

The Shipbuilding and Ship Repair (Surface Coating) Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart II, is incorporated by reference as amended through November 21, 2011 (76 FR

72050).

Adopted July 26, 2013 Effective August 2 0 , 2013

§ 113.410. Wood Furniture Manufacturing Operations (40 Code of Federa l

Regulations Part 63, Subpart JJ).

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## The Wood Furniture Manufacturing Operations Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart JJ,

is incorporated by reference as amended through November 21, 2011 (76 FR 72050).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.420. Printing and Publishing (40 Code of Federal Regulations Part 63,

Subpart KK).

The Printing and Publishing Maximum Achievable Control Technology standard

as specified in 40 Code of Federal Regulations Part 63, Subpart KK, is incorporated by

reference as amended through April 21, 2011 (76 FR 22566).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.430. Primary Aluminum Reduction Plants (40 Code of Federal

Regulations Part 63, Subpart LL).

The Primary Aluminum Reduction Plants Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart LL,

is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Ado pted December 5, 2007 Effective December 27, 2007

§113.440. Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite,

and Stand

- Alone Semichemical Pulp Mills (40 Code of Federal Regulations

Part 63, Subpart MM).

The Chemical Recovery Combustion Sour ces at Kraft, Soda, Sulfite, and Stand

Alone Semichemical Pulp Mills Maximum Achievable Control Technology standard as

specified in 40 Code of Federal Regulations Part 63, Subpart MM, is incorporated by

reference as amended through April 20, 2006 (71 FR 20 446).

Adopted December 5, 2007 Effective December 27, 2007

§ 113.460. Tanks

- Level 1 (40 Code of Federal Regulations Part 63, Subpart

OO).

The Tanks

- Level 1 Maximum Achievable Control Technology standard as

specified in 40 Code of Federal Regulations Part 63, Subpart OO, is incorporated by

reference as amended through June 23, 2003 (68 FR 37354).

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## Adopted May 25, 2005 Effective June 15, 2005

§ 113.470. Containers (40 Code of Federal Regulations Part 63, Subpart PP).

The Containers Maximum Achievable Control Technology standard as specified

in 40 Code of Federal Regulations Part 63, Subpart PP, is incorporated by reference as

amended through June 23, 2003 (68 FR 37355).

Adopted May 25, 2005 Effective June 15, 2005

§ 113.480. Surface Impoundments (40 Code of Federal Regulations Part 63,

Subpart QQ).

The Surface Impoundments Maximum Achievable Control Technology standard

as specified in 40 Code of Federal Regulations Part 63, Subpart QQ, is incorporated by

reference as amended through June 23, 2003 (6 8 FR 37355).

Adopted May 25, 2005 Effective June 15, 2005

§ 113.490. Individual Drain Systems (40 Code of Federal Regulations Part

63, Subpart RR).

The Individual Drain System Maximum Achievable Control Technology standard

as specified in 40 Code of Fed eral Regulations Part 63, Subpart RR, is incorporated by

reference as amended through June 23, 2003 (68 FR 37355).

Adopted May 25, 2005 Effective June 15, 2005

§113.500. Closed Vent Systems, Control Devices, Recovery Devices, and

Routing to a Fuel Gas Sy stem or a Process (40 Code of Federal Regulations

Part 63, Subpart SS).

The Closed Vent Systems, Control Devices, Recovery Devices, and Routing to a

Fuel Gas System or a Process Maximum Achievable Control Technology standard as

specified in 40 Code of Federal Regulations Part 63, Subpart SS, is incorporated by

reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§ 113.510. Equipment Leaks

- Control Level 1 (40 CFR 63, Subpart TT).

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## The Equipment Leaks

- Control Level 1 Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart TT, is

incorporated by reference as amended through July 12, 2002 (67 FR 46258).

Adopted June 18, 2003 Effective July 9, 2003

§ 113.520. Equipment Leaks

- Control Level 2 (40 CFR 63, Subpart UU).

The Equipment Leaks

- Control Level 2 Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

UU, is incorporated by reference as amended through July 12, 2002 (67 FR 46258).

Adopted June 18, 2003 Effective July 9, 2003

§ 113.530. Oil

- Water Separators and Organic

- Water Separators (40 Code of

Federal Regulations Part 63, Subpart VV).

The Oil

- Water Separators and Organi c- Water Separators Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart VV, is incorporated by reference as amended through June 23, 2003 (68 FR

37355).

Adopted May 25, 2005 Effective June 15, 2005

§ 113.540. Storage Vessels (Tanks)

- Control Level 2 (40 CFR 63, Subpart

WW).

The Storage Vessels (Tanks)

- Control Level 2 Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

WW, is incorporate d by reference as amended through July 12, 2002 (67 FR 46258).

Adopted June 18, 2003 Effective July 9, 2003

§113.550. Ethylene Manufacturing Process Units: Heat Exchange Systems

and Waste Operations (40 Code of Federal Regulations Part 63, Subpart

XX).

The Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste

Operations Maximum Achievable Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart XX, is incorporated by reference as amended

through April 1 3, 2005 (70 FR 19266).

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## Adopted December 5, 2007 Effective December 27, 2007

§113.560. Generic Maximum Achievable Control Technology Standards (40

Code of Federal Regulations Part 63, Subpart YY).

The Generic Maximum Achievable Control Technology Standards as specified in

40 Code of Federal Regulations Part 63, Subpart YY, is incorporated by reference as

amended through June 29, 2007 (72 FR 35663).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.600. Steel Pickling

- HCl Process Facilities and Hydrochloric Acid

Regeneration Plants (40 Code of Federal Regulations Part 63, Subpart

CCC).

The Steel Pickling

- HCl Process Facilities and Hydrochloric Acid Regeneration

Plants Maximum Achievable Control Technology standard as sp ecified in 40 Code of

Federal Regulations Part 63, Subpart CCC, is incorporated by reference as amended

through September 19, 2012 (77 FR 58220).

Adopted July 26 , 20 13 Effective August 2 0 , 2013

§ 113.610. Mineral Wool Production (40 Code of Federal Regulations Part

63, Subpart DDD).

The Mineral Wool Production Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart DDD, is

incorporated by reference as amended through December 1, 2011 (76 FR 74708).

Adopted July 26, 2013 Effective August 2 0 2013

§113.620. Hazardous Waste Combustors (40 Code of Federal Regulations

Part 63, Subpart EEE).

The Hazardous Waste Combustor Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart EEE, is

incorporated by reference as amended through October 28, 2008 (73 FR 64068).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.640. Pharmaceuticals Production (40 Code of Federal Regulations Part

63, Subpart GGG).

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## The Pharmaceuticals Production Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart GGG, is

incorporated by reference as amended through April 21, 2011 (76 FR 22566).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.650. Natural Gas Transmission and Storage Facilities (40 Code of

Federal Regulations Part 63, Subpart HHH).

The Natural Gas Transmission and Storage Facilities Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart HHH, is incorporated by reference as amended through August 16, 2012 (77 FR

49490).

Adopted July 26, 2013 Effective August 2 0 , 2013

§ 113.660. Flexible Polyurethane Foam Production (40 Code of Federal

Regul ations Part 63, Subpart III).

The Flexible Polyurethane Foam Production Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart III,

is incorporated by reference as amended through June 23, 2003 (68 F R 37357).

Adopted May 25, 2005 Effective June 15, 2005

§113.670. Group IV Polymers and Resins (40 Code of Federal Regulations

Part 63, Subpart JJJ).

The Group IV Polymers and Resins Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart JJJ, is

incorporated by reference as amended through December 22, 2008 (73 FR 78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.690. Portland Cement Manufacturing Industry (40 Code of Federal

Regulations Part 63, Subpart LLL).

The Portland Cement Manufacturing Industry Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

LLL, is incorporated b y reference as amended through February 12, 2013 (78 FR 10006)

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## Adopted July 26, 2013 Effective August 2 0 , 2013

§113.700. Pesticide Active Ingredient Production (40 Code of Federal

Regulations Part 63, Subpart MMM).

The Pesticide Active Ingredient Production Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

MMM, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§ 113.710. Wool Fiberglass Manufacturing (40 Code of Federal Regulations

Part 63, Subpart NNN).

The Wool Fiberglass Manufacturing Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart NNN, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.720. Manufacture of Amino/Phenolic Resins (40 Code of Federal

Regulations Part 63, Subpart OOO).

The Manufacture of Ami no/Phenolic Resins Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

OOO, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.730. Polyether Polyols Production (40 Code of Federal Regulations

Part 63, Subpart PPP).

The Polyether Polyols Production Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpa rt PPP, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.740. Primary Copper Smelting (40 Code of Federal Regulations Part

63, Subpart QQQ).

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## The Primary Copper Smelt ing Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart QQQ, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§11 3.750. Secondary Aluminum Production (40 Code of Federal Regulations

Part 63, Subpart RRR).

The Secondary Aluminum Production Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart RRR, is

incorpora ted by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.770. Primary Lead Processing (40 Code of Federal Regulations Part 63,

Subpart TTT).

The Primary Lead Processing Maximum Achievable Control Technology standard

as specified in 40 Code of Federal Regulations Part 63, Subpart TTT, is incorporated by

reference as amended through November 15, 2011 (76 FR 70834).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.780. Petrole um Refineries: Catalytic Cracking Units, Catalytic

Reforming Units, and Sulfur Recovery Units (40 Code of Federal

Regulations Part 63, Subpart UUU).

The Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units,

and Sulfur Recovery Units Maximum Achievable Control Technology standard as

specified in 40 Code of Federal Regulations Part 63, Subpart UUU, is incorporated by

reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§ 113.79 0. Publicly Owned Treatment Works (40 Code of Federal

Regulations Part 63, Subpart VVV).

The Publicly Owned Treatment Works Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart VVV, is

incorporate d by reference as amended through December 22, 2008 (73 FR 78199).

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## Adopted July 26, 2013 Effective August 2 0 , 2013

§113.810. Ferroalloys Production: Ferromanganese and Silicomanganese

(40 Code of Federal Regulations Part 63, Subpart XXX).

The Ferroalloys Production: Ferromanganese and Silicomanganese Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart XXX, is incorporated by reference as amended through April 20, 2006

(71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.840. Municipal Solid Waste Landfills (40 Code of Federal Regulations

Part 63, Subpart AAAA).

The Municipal Solid Waste Landfills Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart AAAA, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.860. Manufacturing of Nutritional Yeast (40 Code of Federal

Regula tions Part 63, Subpart CCCC).

The Manufacturing of Nutritional Yeast Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

CCCC, is incorporated by reference as amended through April 20, 2006 (71 F R 20446).

Adopted December 5, 2007 Effective December 27, 2007

§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 specified 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).

Adopted December 5, 2007 Effective December 27, 2007

§113.880. Organic Liquids Distribution (Non

- Gasoline) (40 Code of Federal

Regulations Part 63, Subpart EEEE).

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## The Organic Liquids Distribution (Non

- Gasoline) Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

EEEE, is incorporated by reference as amended through December 22, 2008 (73 FR

78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.890. Miscellaneous Organic Chemical Manufacturing (40 Code of

Federal Regulations Part 63, Subpart FFFF).

The Miscellaneous Organic Chemical Manufacturing Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart FFFF, is incorporated by reference as amen ded through December 22, 2008 (73

FR 78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.900. Solvent Extraction for Vegetable Oil Production (40 Code of

Federal Regulations Part 63, Subpart GGGG).

The Solvent Extraction for Vegetable Oil Production Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart GGGG, is incorporated by reference as amended through April 20, 2006 (71 FR

20446).

Adopted December 5, 2007 Effective December 27, 2 007

§113.910. Wet

- Formed Fiberglass Mat Production (40 Code of Federal

Regulations Part 63, Subpart HHHH).

The Wet

- Formed Fiberglass Mat Production Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

HHHH, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.920. Surface Coating of Automobiles and Light

- Duty Trucks (40 Code

of Federal Regulations Part 63, Subpa rt IIII).

The Surface Coating of Automobiles and Light

- Duty Trucks Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

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## Subpart IIII, is incorporated by reference as amended through April 24, 2007 (72 FR

20227).

Adopted December 5, 2007 Effective December 27, 2007

§113.930. Paper and Other Web Coating (40 Code of Federal Regulations

Part 63, Subpart JJJJ).

The Paper and Other Web Coating Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart JJJJ, is

incorporated by reference as amended through May 24, 2006 (71 FR 29792).

Adopted December 5, 2007 Effective December 27, 2007

§113.940. Surface Coating of Metal Cans (40 Code of Federal Regulations

P art 63, Subpart KKKK).

The Surface Coating of Metal Cans Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart KKKK, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

A dopted December 5, 2007 Effective December 27, 2007

§113.960. Surface Coating of Miscellaneous Metal Parts and Products (40

Code of Federal Regulations Part 63, Subpart MMMM).

The Surface Coating of Miscellaneous Metal Parts and Products Maximum

Achieva ble Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart MMMM, is incorporated by reference as amended through December

22, 2006 (71 FR 76927).

Adopted December 5, 2007 Effective December 27, 2007

§113.970. Surface Coating of Large Appliances (40 Code of Federal

Regulations Part 63, Subpart NNNN).

The Surface Coating of Large Appliances Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

NNNN, is incorporat ed by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

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## §113.980. Printing, Coating, and Dyeing of Fabrics and Other Textiles (40

Code of Federal Regulations Part 63, Subpart OOOO).

The Printing, Coating, and Dyeing of Fabrics and Other Textiles Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart OOOO, is incorporated by reference as amended through May 24, 2006

(71 FR 29792).

Ad opted December 5, 2007 Effective December 27, 2007

§113.990. Surface Coating of Plastic Parts and Products (40 Code of Federal

Regulations Part 63, Subpart PPPP).

The Surface Coating of Plastic Parts and Products Maximum Achievable Control

Technology st andard as specified in 40 Code of Federal Regulations Part 63, Subpart

PPPP, is incorporated by reference as amended through April 24, 2007 (72 FR 20227).

Adopted December 5, 2007 Effective December 27, 2007

§113.1000. Surface Coating of Wood Building Products (40 Code of Federal

Regulations Part 63, Subpart QQQQ).

The Surface Coating of Wood Building Products Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

QQQQ, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1010. Surface Coating of Metal Furniture (40 Code of Federal

Regulations Part 63, Subpart RRRR).

The Surface Coating of Metal Furniture Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

RRRR, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§ 113.1020. Su rface Coating of Metal Coil (40 CFR 63, Subpart SSSS).

The Surface Coating of Metal Coil Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart SSSS, is

incorporated by reference as amended through March 17, 2003 (68 FR 12590).

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## Adopted June 18, 2003 Effective July 9, 2003

§113.1030. Leather Finishing Operations (40 Code of Federal Regulations

Part 63, Subpart TTTT).

The Leather Finishing Operations Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart TTTT, is

incorporated by reference as amended through February 7, 2005 (70 FR 6355).

Adopted December 5, 2007 Effective December 27, 2007

§113.1040. Cellulose Products Manufacturing (40 Code of Federal

Regulations Part 63, Subpart UUUU).

The Cellulose Products Manufacturing Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart UUUU, is

incorporated by reference as amended through Decemb er 22, 2008 (73 FR 78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§ 113.1050. Boat Manufacturing (40 CFR 63, Subpart VVVV).

The Boat Manufacturing Maximum Achievable Control Technology standard as

specified in 40 Code of Federal Regulations Par t 63, Subpart VVVV, is incorporated by

reference as amended through October 3, 2001 (66 FR 50504).

Adopted June 18, 2003 Effective July 9, 2003

§113.1060. Reinforced Plastic Composites Production (40 Code of Federal

Regulations Part 63, Subpart WWWW).

The Reinforced Plastic Composites Production Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart WWWW, is incorporated by reference as amended through April 20, 2006 (71

FR 20446). 02).

Adopted December 5, 2007 Effective December 27, 2007

§113.1070. Rubber Tire Manufacturing (40 Code of Federal Regulations Part

63, Subpart XXXX).

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## The Rubber Tire Manufacturing Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart XXXX, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1080. Stationary Combustion Turbines (40 Code of Federal

Regulations Part 63, Subp art YYYY).

The Stationary Combustion Turbines Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart YYYY, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1090. Reciprocating Internal Combustion Engines (40 Code of Federal

Regulations Part 63, Subpart ZZZZ).

The Reciprocating Internal Combustion Engines Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

ZZZZ, is incorporated by reference as amended through January 30, 2013 (78 FR 6674)

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1100. Lime Manufacturing Plants (40 Code of Federal Regulations Part

63, Subpart AAAAA).

The Lime Manufacturing Plants Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart AAAAA, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1110. Semiconductor Manufacturing (40 Code of Federal Regulations

Part 63, Subpart BBBBB).

The Semiconductor Manufacturing Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart BBBBB, is

incorporated by reference as amended through July 22, 2008 (73 FR 42529).

Adopted July 26, 2013 Effective August 2 0 , 2013

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## §113.1120. Coke Ovens: Pushing, Quenching, and Battery Stacks (40 Code of

Federal Re gulations Part 63, Subpart CCCCC).

The Coke Ovens: Pushing, Quenching, and Battery Stacks Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart CCCCC, is incorporated by reference as amended throug h April 20, 2006 (71 FR

20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1130. Industrial, Commercial, and Institutional Boilers and Process

Heaters Major Sources (40 Code of Federal Regulations Part 63, Subpart

DDDDD).

The Industrial, Commercial, and Institutional Boilers and Process Heaters

Maximum Achievable Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart DDDDD, is incorporated by reference as amended through

January 31, 2013 (78 FR 7138) .

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1140. Iron and Steel Foundries (40 Code of Federal Regulations Part

63, Subpart EEEEE).

The Iron and Steel Foundries Maximum Achievable Control Technology standard

as specified in 40 Code of Federal Regulations Part 63, Subpart EEEEE, is incorporated

by reference as amended through February 7, 2008 (73 FR 7210).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1150. Integrated Iron and Steel Manufacturing Facilities (40 Code of

Federal Regulations Part 63, Subpart FFFFF).

The Integrated Iron and Steel Manufacturing Facilities Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart FFFFF, is incorporated by reference as amended thro ugh July 13, 2006 (71 FR

39579).

Adopted December 5, 2007 Effective December 27, 2007

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## §113.1160. Site Remediation (40 Code of Federal Regulations Part 63,

Subpart GGGGG).

The Site Remediation Maximum Achievable Control Technology standard as

specified i n 40 Code of Federal Regulations Part 63, Subpart GGGGG, is incorporated by

reference as amended through December 22, 2008 (73 FR 78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1170. Miscellaneous Coating Manufacturing (40 Code of Federal

R egulations Part 63, Subpart HHHHH).

The Miscellaneous Coating Manufacturing Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

HHHHH, is incorporated by reference as amended through December 22, 2008 (73 FR

78199).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1180. Mercury Emissions from Mercury Cell Chlor

- Alkali Plants (40

Code of Federal Regulations Part 63, Subpart IIIII).

The Mercury Emissions from Mercury Cell Chlor

- Alkali Plants Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart IIIII, is incorporated by reference as amended through April 20, 2006

(71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113. 1210. Asphalt Processing and Asphalt Roofing Manufacturing (40 Code

of Federal Regulations Part 63, Subpart LLLLL).

The Asphalt Processing and Asphalt Roofing Manufacturing Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart LLLLL, is incorporated by reference as amended through April 20,

2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1220. Flexible Polyurethane Foam Fabrication Operations (40 Code of

Federal Regul ations Part 63, Subpart MMMMM).

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## The Flexible Polyurethane Foam Fabrication Operations Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart MMMMM, is incorporated by reference as amended through April 20, 2006 (71

FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1230. Hydrochloric Acid Production (40 Code of Federal Regulations

Part 63, Subpart NNNNN).

The Hydrochloric Acid Production Maximum Achievable Control Technology

sta ndard as specified in 40 Code of Federal Regulations Part 63, Subpart NNNNN, is

incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1250. Engine Test Cells/Stands (40 Code o f Federal Regulations Part

63, Subpart PPPPP).

The Engine Test Cells/Stands Maximum Achievable Control Technology standard

as specified in 40 Code of Federal Regulations Part 63, Subpart PPPPP, is incorporated

by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1260. Friction Materials Manufacturing Facilities (40 Code of Federal

Regulations Part 63, Subpart QQQQQ).

The Friction Materials Manufacturing Facilities Maximum Achievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

QQQQQ, is incorporated by reference as amended through April 20, 2006 (71 FR

20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1270. Taconite Iron Ore Processing (40 Code of Federal Regulations

Part 63, Subpart RRRRR).

The Taconite Iron Ore Processing Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart RRRRR, is

incorporated by reference a s amended through April 20, 2006 (71 FR 20446).

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## Adopted December 5, 2007 Effective December 27, 2007

§113.1280. Refractory Products Manufacturing (40 Code of Federal

Regulations Part 63, Subpart SSSSS).

The Refractory Products Manufacturing Maximum Ach ievable Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

SSSSS, is incorporated by reference as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1290. Prima ry Magnesium Refining (40 Code of Federal Regulations

Part 63, Subpart TTTTT).

The Primary Magnesium Refining Maximum Achievable Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart TTTTT, is

incorporated by referen ce as amended through April 20, 2006 (71 FR 20446).

Adopted December 5, 2007 Effective December 27, 2007

§113.1300. Coal

- and Oil

- Fired Electric Utility Steam Generating Units (40

Code of Federal Regulations Part 63, Subpart UUUUU).

The Coal

- and Oil

- Fired Electric Utility Steam Generating Units Maximum

Achievable Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart UUUUU, is incorporated by reference as amended through April 24,

2013 (78 FR 24073) .

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1320. Hospital Ethylene Oxide Sterilizers Area Sources (40 Code of

Federal Regulations Part 63, Subpart WWWWW).

The Hospital Ethylene Oxide Sterilizers Generally Available Control Technology

standard as speci fied in 40 Code of Federal Regulations Part 63, Subpart WWWWW, is

incorporated by reference as adopted December 28, 2007 (72 FR 73611).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1340. Electric Arc Furnace Steelmaking Facilities Area Sources (4 0

Code of Federal Regulations Part 63, Subpart YYYYY).

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## The Electric Arc Furnace Steelmaking Facilities Area Sources standard as

specified in 40 Code of Federal Regulations Part 63, Subpart YYYYY, is incorporated by

reference as adopted December 28, 2007 ( 72 FR 74088).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1350. Iron and Steel Foundries Area Sources (40 Code of Federal

Regulations Part 63, Subpart ZZZZZ).

The Iron and Steel Foundries Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

ZZZZZ, is incorporated by reference as adopted January 2, 2008 (73 FR 226).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1370. Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline

Facilities Area Sources (40 Code of Federal Regulations Part 63, Subpart

BBBBBB).

The Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities

Area Sources Generally Available Control Technology standard as specified in 40 Code

of Federal Regulations Part 63, Subpart BBBBBB, is incorporated by reference as

amended through January 24, 2011 (76 FR 4156).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1380. Gasoline Dispensing Facilities Area Sources (40 Code of Federal

Regulations Part 63, Subpart CCCCCC).

The Gasoline Dispensing Facilities Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

CCCCCC, is incorporated by reference as amended t hrough January 24, 2011 (76 FR

4156).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1390. Polyvinyl Chloride and Copolymers Production Area Sources (40

Code of Federal Regulations Part 63, Subpart DDDDDD).

The Polyvinyl Chloride and Copolymers Pr oduction Area Sources Generally

Available Control Technology standard as specified in 40 Code of Federal Regulations

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## Part 63, Subpart DDDDDD, is incorporated by reference as amended through April 17,

2012 (77 FR 22848).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1400. Primary Copper Smelting Area Sources (40 Code of Federal

Regulations Part 63, Subpart EEEEEE).

The Primary Copper Smelting Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulati ons Part 63, Subpart

EEEEEE, is incorporated by reference as amended through July 3, 2007 (72 FR 36363)

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1410. Secondary Copper Smelting Area Sources (40 Code of Federal

Regulations Part 63, Subpart FFF FFF).

The Secondary Copper Smelting Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

FFFFFF, is incorporated by reference as amended through July 3, 2007 (72 FR 36363).

Adopted J uly 26, 2013 Effective August 2 0 , 2013

§113.1420. Primary Nonferrous Metals Area Sources

- Zinc, Cadmium, and

Beryllium (40 Code of Federal Regulations Part 63, Subpart GGGGGG).

The Primary Nonferrous Metals Area Sources

- Zinc, Cadmium, and Beryllium

Maximum Achievable Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart GGGGGG, is incorporated by reference as adopted

January 23, 2007 (72 FR 2930).

Adopted December 5, 2007 Effective December 27, 2007

§113.1425. Paint Stripping and Miscellaneous Surface Coating at Area

Sources (40 Code of Federal Regulations Part 63, Subpart HHHHHH).

The Paint Stripping and Miscellaneous Surface Coating at Area Sources Generally

Available Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart HHHHHH, is incorporated by reference as amended through February

13, 2008 (73 FR 8408).

Adopted July 26, 2013 Effective August 2 0 , 2013

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## §113.1435. Industrial, Commercial, and Institutional Boilers Area Sources

(40 Code of Federal Regulations Part 63, Subpart JJJJJJ).

The Industrial, Commercial, and Institutional Boilers Area Sources standard as

specified in 40 Code of Federal Regulations Part 63, Subpart JJJJJJ, is incorporated by

reference as amended t hrough February 1, 2013 (78 FR 7488) .

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1445. Acrylic and Modacrylic Fibers Area Sources (40 Code of Federal

Regulations Part 63, Subpart LLLLLL).

The Acrylic and Modacrylic Fibers Area Sources General ly Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

LLLLLL, is incorporated by reference as amended through March 26, 2008 (73 FR

15923).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1450. Carb on Black Production Area Sources (40 Code of Federal

Regulations Part 63, Subpart MMMMMM).

The Carbon Black Production Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

MMMMMM, is incorporated by reference as amended through March 26, 2008 (73 FR

15923).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1455. Chemical Manufacturing Area Sources: Chromium Compounds

(40 Code of Federal Regulations Part 63, Subpart NNNNNN).

The C hemical Manufacturing Area Sources: Chromium Compounds Generally

Available Control Technology standard as specified in 40 Code of Federal Regulations

Part 63, Subpart NNNNNN, is incorporated by reference as amended through March 26,

2008 (73 FR 15923).

Ad opted July 26, 2013 Effective August 2 0 , 2013

§113.1460. Flexible Polyurethane Foam Production and Fabrication Area

Sources (40 Code of Federal Regulations Part 63, Subpart OOOOOO).

### Texas Commission on Environmental Quality Page 29

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## The Flexible Polyurethane Foam Production and Fabrication Area Sources

Generally Available Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart OOOOOO, is incorporated by reference as amended

through March 26, 2008 (73 FR 15923).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.146 5. Lead Acid Battery Manufacturing Area Sources (40 Code of

Federal Regulations Part 63, Subpart PPPPPP).

The Lead Acid Battery Manufacturing Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

PPPPPP, is incorporated by reference as amended through March 26, 2008 (73 FR

15923).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1470. Wood Preserving Area Sources (40 Code of Federal Regulations

Part 63, Subpart QQQQQQ).

The Wood Preserving Area Sources Generally Available Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart QQQQQQ, is

incorporated by reference as amended through March 26, 2008 (73 FR 15923).

Adopted July 26, 2013 Effective A ugust 2 0 , 2013

§113.1475. Clay Ceramics Manufacturing Area Sources (40 Code of Federal

Regulations Part 63, Subpart RRRRRR).

The Clay Ceramics Manufacturing Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal R egulations Part 63, Subpart

RRRRRR, is incorporated by reference as adopted December 26, 2007 (72 FR 73180).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1480. Glass Manufacturing Area Sources (40 Code of Federal

Regulations Part 63, Subpart SSSS SS).

The Glass Manufacturing Area Sources Generally Available Control Technology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart SSSSSS, is

incorporated by reference as adopted December 26, 2007 (72 FR 73180).

### Texas Commission on Environmental Quality Page 30

Chapter 113

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## Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1485. Secondary Nonferrous Metals Processing Area Sources (40 Code

of Federal Regulations Part 63, Subpart TTTTTT).

The Secondary Nonferrous Metals Processing Area Sources Generally Available

Control Technology standar d as specified in 40 Code of Federal Regulations Part 63,

Subpart TTTTTT, is incorporated by reference as adopted December 26, 2007 (72 FR

73180).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1495. Chemical Manufacturing Area Sources (40 Code of Federal

Regulations Part 63, Subpart VVVVVV).

The Chemical Manufacturing Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

VVVVVV, is incorporated by reference as amended through D ecember 21, 2012 (77 FR

75740).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1500. Plating and Polishing Area Sources (40 Code of Federal

Regulations Part 63, Subpart WWWWWW).

The Plating and Polishing Area Sources Generally Available Control Te chnology

standard as specified in 40 Code of Federal Regulations Part 63, Subpart WWWWWW,

is incorporated by reference as amended through September 19, 2011 (76 FR 57913).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1505. Metal Fabrication and F inishing Area Sources (40 Code of

Federal Regulations Part 63, Subpart XXXXXX).

The Metal Fabrication and Finishing Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

XXXXXX, is inc orporated by reference as adopted July 23, 2008 (73 FR 42978).

Adopted July 26, 2013 Effective August 2 0 , 2013

### Texas Commission on Environmental Quality Page 31

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## §113.1510. Ferroalloys Production Facilities Area Sources (40 Code of

Federal Regulations Part 63, Subpart YYYYYY).

The Ferroalloys Production Facilities Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

YYYYYY, is incorporated by reference as adopted December 23, 2008 (73 FR 78637).

Adopted July 26, 2013 Effective Augus t 2 0 , 2013

§113.1515. Aluminum, Copper, and Other Nonferrous Foundries Area

Sources (40 Code of Federal Regulations Part 63, Subpart ZZZZZZ).

The Aluminum, Copper, and Other Nonferrous Foundries Area Sources Generally

Available Control Technology standar d as specified in 40 Code of Federal Regulations

Part 63, Subpart ZZZZZZ, is incorporated by reference as amended through September

10, 2009 (74 FR 46493).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1520. Asphalt Processing and Asphalt Roofing Manufacturing Area

Sources (40 Code of Federal Regulations Part 63, Subpart AAAAAAA).

The Asphalt Processing and Asphalt Roofing Manufacturing Area Sources

Generally Available Control Technology standard as specified in 40 Code of Federal

Regulations Part 63, Subpart AAAAAAA, is incorporated by reference as amended

through March 18, 2010 (75 FR 12988).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1525. Chemical Preparations Industry Area Sources (40 Code of

Federal Regulations Part 63, Subpart BB BBBBB).

The Chemical Preparations Industry Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

BBBBBBB, is incorporated by reference as adopted December 30, 2009 (74 FR 69194).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1530. Paints and Allied Products Manufacturing Area Sources (40

Code of Federal Regulations Part 63, Subpart CCCCCCC).

### Texas Commission on Environmental Quality Page 32

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## The Paints and Allied Products Manufacturing Area Sources Generally Available

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart CCCCCCC, is incorporated by reference as amended through June 3, 2010 (75

FR 31317).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1535. Prepared Feeds Manufacturi ng Area Sources (40 Code of Federal

Regulations Part 63, Subpart DDDDDDD).

The Prepared Feeds Manufacturing Area Sources Generally Available Control

Technology standard as specified in 40 Code of Federal Regulations Part 63, Subpart

DDDDDDD, is incorporat ed by reference as amended through December 23, 2011 (76

FR 80261).

Adopted July 26, 2013 Effective August 2 0 , 2013

§113.1555. Polyvinyl Chloride and Copolymers Production Major Sources

(40 Code of Federal Regulations Part 63, Subpart HHHHHHH).

The Poly vinyl Chloride and Copolymers Production Maximum Achievable

Control Technology standard as specified in 40 Code of Federal Regulations Part 63,

Subpart HHHHHHH, is incorporated by reference as adopted April 17, 2012 (77 FR

22848).

Adopted July 26, 2013 Effective August 2 0 , 2013

### Texas Commission on Environmental Quality Page 33

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## Derivation Table

Rule Log No. 99002 -113- AI

Adopted July 14, 1999

Effective August 8, 1999

Chapter 113

- Control of Air Pollution From Toxic Materials

Subchapter C : National Emission Standards for Hazardous Air Pollutants

for Source Categories (FCAA § 112, 40 CFR 63)

This table is to track sections after rule revisions. The column on the left lists the

sections after the revision that is to be effective on July 15, 1997. The column on the

right lists where the section was prior to the revision.

New Section Old Section

113.170 New

113.240 New

113.410 New

113.430 New

113.460 New

113.470 New

113.480 New

113.490 New

113.530 New

113.620 New

113.640 New

113.660 New