[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Rules and Regulations]
[Pages 38102-38107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18345]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0214; FRL-8939-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Control of Emissions of Nitrogen Oxides (NOX)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking a direct final action to approve revisions 
to the Texas State Implementation Plan (SIP). We are approving 
revisions to 30 TAC Chapter 117, ``Control of Air Pollution from 
Nitrogen Compounds,'' that the State submitted on March 10, 2009. These 
revisions amend the Beaumont-Port Arthur (BPA) 8-Hour Ozone 
Nonattainment Area Major Source rules, the Houston-Galveston-Brazoria 
(HGB) 8-Hour Ozone Nonattainment Area Major Source rules, and the HGB 
8-Hour Ozone Nonattainment Area Minor Source rules. These revisions add 
flexibility and consistency to the current stationary reciprocating 
internal combustion engine and gas turbine monitoring specifications 
found in Chapter 117 by allowing for an additional option for 
monitoring nitrogen oxides (NO<INF>X</INF>) emissions. These revisions 
are consistent with the Clean Air Act (CAA). Therefore, EPA is 
approving these revisions pursuant to section 110 of the CAA.

DATES: This direct final rule will be effective September 29, 2009 
without further notice unless EPA receives relevant adverse comments by 
August 31, 2009. If adverse comments are received, EPA will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2009-0214, by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Please follow the online instructions for submitting comments.
    <bullet> EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6comment.htm. Please click on ``6PD (Multimedia)'' and select 
``Air'' before submitting comments.
    <bullet> E-mail: Mr. Guy Donaldson at <a href="/cdn-cgi/l/email-protection#b6d2d9d8d7dad2c5d9d898d1c3cff6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="cca8a3a2ada0a8bfa3a2e2abb9b58ca9bcade2aba3ba">[email protected]</span></a>. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    <bullet> Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
    <bullet> Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    <bullet> Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not 
on legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2009-
0214. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a fee of 15 cents 
per page for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection during 
official business hours, by appointment, at the Texas Commission on 
Environmental Quality (TCEQ), Office of Air Quality, 12124 Park 35 
Circle, Austin, Texas 78753.

[[Page 38103]]


FOR FURTHER INFORMATION CONTACT: Dayana Medina, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7241; fax number 
214-665-7263; e-mail address <a href="/cdn-cgi/l/email-protection#cba6aeafa2a5aae5afaab2aaa5aa8baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="731e16171a1d125d17120a121d12331603125d141c05">[email protected]</span></a>.

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

Outline

I. Background
    A. What Action Is EPA Taking?
    B. What Are NO<INF>X</INF>?
    C. What Is Ozone, and Why Do We Regulate It?
    D. What Is a SIP?
    E. What Did the State Submit?
    1. Beaumont-Port Arthur 8-Hour Ozone Nonattainment Area Major 
Sources
    2. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area 
Major Sources
    3. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area 
Minor Sources
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

A. What Action Is EPA Taking?

    Today we are approving revisions to the Texas SIP that amend 30 TAC 
Chapter 117, Control of Air Pollution from Nitrogen Compounds. These 
revisions amend the BPA 8-Hour Ozone Nonattainment Area Major Source 
rules, the HGB 8-Hour Ozone Nonattainment Area Major Source rules, and 
the HGB 8-Hour Ozone Nonattainment Area Minor Source rules, as 
submitted by the TCEQ to EPA on March 10, 2009. These revisions are 
substantive in nature, allowing for an additional option for monitoring 
nitrogen oxides (NO<INF>X</INF>) emissions. This will result in 
additional flexibility and consistency in the current stationary 
reciprocating internal combustion engine and gas turbine monitoring 
specifications found in Chapter 117. This additional option is expected 
to be equally effective as totalizing fuel flow meters in the 
monitoring of NO<INF>X</INF> emissions at major stationary sources in 
the BPA 8-hour ozone nonattainment area and at both major and minor 
stationary sources in the HGB 8-hour ozone nonattainment area. We are 
approving these revisions in accordance with section 110 of the CAA.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no relevant 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, we are publishing a separate document 
that will serve as the proposal to approve the SIP revisions if 
relevant adverse comments are received. This rule will be effective on 
September 29, 2009 without further notice unless we receive relevant 
adverse comment by August 31, 2009. If we receive relevant adverse 
comments, we will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. We will 
address all public comments in a subsequent final rule based on the 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so now. Please 
note that if we receive adverse comment on an amendment, paragraph, or 
section of this rule and if that provision may be severed from the 
remainder of the rule, we may adopt as final those provisions of the 
rule that are not the subject of an adverse comment.

B. What Are NOX?

    Nitrogen oxides (NO<INF>X</INF>) belong to the group of criteria 
air pollutants. NO<INF>X</INF> are produced from burning fuels, 
including gasoline and coal. Nitrogen oxides react with volatile 
organic compounds (VOC) to form ground-level ozone or smog, and are 
also major components of acid rain. For more information on 
NO<INF>X</INF> see http://www.epa.gov/air/urbanair/nox/.

C. What Is Ozone, and Why Do We Regulate It?

    Ozone is a gas composed of three oxygen atoms. Ground-level ozone 
is generally not emitted directly from a vehicle's exhaust or an 
industrial smokestack, but is created by a chemical reaction between 
NO<INF>X</INF> and VOCs in the presence of sunlight and high ambient 
temperatures. Thus, ozone is known primarily as a summertime air 
pollutant. NO<INF>X</INF> and VOCs are precursors of ozone. Motor 
vehicle exhaust and industrial emissions, gasoline vapors, chemical 
solvents and natural sources emit NO<INF>X</INF> and VOCs. Urban areas 
tend to have high concentrations of ground-level ozone, but areas 
without significant industrial activity and with relatively low 
vehicular traffic are also subject to increased ozone levels because 
wind carries ozone and its precursors hundreds of miles from their 
sources.
    Repeated exposure to ozone pollution may cause lung damage. Even at 
very low concentrations, ground-level ozone triggers a variety of 
health problems including aggravated asthma, reduced lung capacity, and 
increased susceptibility to respiratory illnesses like pneumonia and 
bronchitis. It can also have detrimental effects on plants and 
ecosystems.

D. What Is a SIP?

    Section 110 of the CAA requires States to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
National Ambient Air Quality Standards (NAAQS) established by EPA. The 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of 
air pollution regulations, control strategies, other means or 
techniques, and technical analyses developed by the State, to ensure 
that air quality in the State meets the NAAQS. A SIP protects air 
quality primarily by addressing air pollution at its point of origin. A 
SIP can be extensive, containing State regulations or other enforceable 
documents, and supporting information such as emissions inventories, 
monitoring networks, and modeling demonstrations. Each State must 
submit regulations and control strategies to EPA for approval and 
incorporation into the Federally-enforceable SIP.

E. What Did the State Submit?

    Table A below contains a summary list of sections in 30 TAC Chapter 
117 that we are approving into the Texas SIP with this rulemaking 
action.

  Table A--30 TAC Chapter 117--Section Numbers and Section Descriptions
                       Affected by This Rulemaking
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         Section No.                          Description
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Section 117.140..............  Continuous Demonstration of Compliance.
Section 117.145..............  Notification, Recordkeeping, and
                                Reporting Requirements.
Section 117.340..............  Continuous Demonstration of Compliance.
Section 117.345..............  Notification, Recordkeeping, and
                                Reporting Requirements.
Section 117.2035.............  Monitoring and Testing Requirements.
Section 117.2045.............  Recordkeeping and Reporting Requirements.
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[[Page 38104]]

    For more information, see sections E(1), E(2), and E(3) of this 
document.
1. Beaumont-Port Arthur 8-Hour Ozone Nonattainment Area Major Sources
    The BPA 8-Hour Ozone Nonattainment Area Major Source rules are 
found in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen 
Compounds; Subchapter B, Combustion Control at Major Industrial, 
Commercial, and Institutional Sources in Ozone Nonattainment Areas; 
Division 1, Beaumont-Port Arthur Ozone Nonattainment Area Major 
Sources. Revisions to the BPA 8-Hour Ozone Nonattainment Area Major 
Source rules were adopted by the State on February 11, 2009, and 
submitted to EPA for approval into the SIP on March 10, 2009. We 
provided comments to TCEQ concerning the SIP revision in a letter dated 
September 15, 2008. Our comment letter to TCEQ is a part of the docket 
for this rulemaking action and available for public inspection.
    Section 117.140 (Continuous Demonstration of Compliance) currently 
requires stationary reciprocating internal combustion engines and 
stationary gas turbines located at major sources of NO<INF>X</INF> in 
the BPA 8-hour ozone nonattainment area to have a fuel flow meter 
installed. The totalizing fuel flow meter is used to measure the 
activity rate of the engine, and the activity rate is used as an 
indirect indication of NO<INF>X</INF> emissions from these sources. The 
revision to section 117.140(a)(2) that we are approving adds new 
subparagraph (D), providing an output-based monitoring alternative to 
the totalizing fuel flow meter requirement and thereby adding 
monitoring flexibility for owners and operators of the affected units. 
New subparagraph (D) reads as follows: ``Stationary reciprocating 
internal combustion engines and stationary gas turbines equipped with a 
continuous monitoring system that continuously monitors horsepower and 
hours of operation are not required to install totalizing fuel flow 
meters. The continuous monitoring system must be installed, calibrated, 
maintained, and operated according to manufacturers' recommended 
procedures.'' The EPA is approving this revision because we consider 
continuous monitoring of horsepower output and hours of operation to be 
as effective as monitoring of fuel flow in the indirect indication of 
NO<INF>X</INF> emissions. Both methods monitor the activity rate of the 
engine, and these measures are used to indirectly determine 
NO<INF>X</INF> emissions. In addition, this revision is consistent with 
an option currently allowed under section 117.440(a)(2)(D) for engines 
in the Dallas-Fort Worth (DFW) 8-hour ozone nonattainment area, which 
we approved on December 3, 2008 (73 FR 73562).
    The revision to section 117.145 (Notification, Recordkeeping, and 
Reporting Requirements) adds a new paragraph (10) to subsection (f), 
specifying recordkeeping requirements. Existing section 117.145(f) 
consists of the recordkeeping requirements for units subject to 
Division 1 (Beaumont-Port Arthur Ozone Nonattainment Area Major 
Sources). Existing subsection (f) directs owners or operators of 
subject units to maintain written or electronic records of specified 
data for a period of at least five years and make available upon 
request by authorized representatives of the executive director of the 
TCEQ, the EPA, or local air pollution control agencies having 
jurisdiction. New paragraph (10) in section 117.145(f), concerning the 
recordkeeping requirements of output-based monitoring data, reads that 
the records specified in subsection (f) must include ``for each 
stationary reciprocating internal combustion engine and stationary gas 
turbine for which the owner or operator elects to use the alternative 
monitoring system allowed under section 117.140(a)(2)(D) of this title, 
records of the daily average horsepower and total daily hours of 
operation. Units that are monitored according to section 
117.140(a)(2)(D) of this title are not required to keep records of 
annual fuel usage as required by paragraph (1) of this subsection.'' 
New paragraph (10) in section 117.145(f) will ensure that recordkeeping 
requirements are consistent with the horsepower and hours of operation 
data that would be collected by the output-based alternative monitoring 
provision found in new subparagraph (D) of section 117.140(a)(2). The 
EPA is approving this revision because it will provide for appropriate/
accurate recordkeeping and reporting of records for each affected 
stationary reciprocating internal combustion engine and stationary gas 
turbine utilizing the output-based alternative monitoring system 
provision.
2. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area Major 
Sources
    The HGB 8-Hour Ozone Nonattainment Area Major Source rules are 
found in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen 
Compounds; Subchapter B, Combustion Control at Major Industrial, 
Commercial, and Institutional Sources in Ozone Nonattainment Areas; 
Division 3, Houston-Galveston-Brazoria Ozone Nonattainment Area Major 
Sources. Revisions to the HGB 8-Hour Ozone Nonattainment Area Major 
Source rules were adopted by the State on February 11, 2009 and 
submitted to EPA for approval into the SIP on March 10, 2009. We 
provided comments to TCEQ concerning the SIP revision in a letter dated 
September 15, 2008. Our comment letter to TCEQ is a part of the docket 
for this rulemaking action and available for public inspection.
    Section 117.340 (Continuous Demonstration of Compliance) currently 
requires stationary reciprocating internal combustion engines and 
stationary gas turbines located at major sources of NO<INF>X</INF> in 
the HGB 8-hour ozone nonattainment area to have a fuel flow meter 
installed. The totalizing fuel flow meter is used to measure the 
activity rate of the engine, and the activity rate is used as an 
indirect indication of NO<INF>X</INF> emissions from these sources. The 
revision to section 117.340(a)(2) that we are approving adds new 
subparagraph (D), providing an output-based monitoring alternative to 
the totalizing fuel flow meter requirement and thereby adding 
monitoring flexibility for owners and operators of the affected units. 
New subparagraph (D) reads as follows: ``Stationary reciprocating 
internal combustion engines and stationary gas turbines equipped with a 
continuous monitoring system that continuously monitors horsepower and 
hours of operation are not required to install totalizing fuel flow 
meters. The continuous monitoring system must be installed, calibrated, 
maintained, and operated according to manufacturers' recommended 
procedures.'' The EPA is approving this revision because we consider 
continuous monitoring of horsepower output and hours of operation to be 
as effective as a totalizing fuel flow meter in the indirect indication 
of NO<INF>X</INF> emissions. Both methods monitor the activity rate of 
the engine, and these measures are used to indirectly determine 
NO<INF>X</INF> emissions. The output-based monitoring alternative 
provides activity data equivalent with the existing monitoring 
specifications and can easily be converted into an annual mass emission 
rate for compliance with the MECT program.\1\ In

[[Page 38105]]

addition, this revision is consistent with an option currently allowed 
under section 117.440(a)(2)(D) for engines in the DFW 8-hour ozone 
nonattainment area, which we approved on December 3, 2008 (73 FR 
73562).
---------------------------------------------------------------------------

    \1\ During the comment period, we provided comments to TCEQ 
concerning the SIP revision in a letter dated September 15, 2008. In 
the letter, EPA noted that NO<INF>X</INF> emitting facilities in the 
HGB area are subject to the Mass Emissions Cap and Trade (MECT) 
program. We asked the TCEQ to explain how a source in the HGB area 
which elects to use the output-based monitoring alternative option 
would be able to determine its mass emissions to show compliance 
with the MECT. Our letter and the TCEQ's response can be found in 
the State's submittal, which is in the docket for this rulemaking 
action.
---------------------------------------------------------------------------

    The revision to Section 117.345 (Notification, Recordkeeping, and 
Reporting Requirements) adds a new paragraph (12) to subsection (f), 
specifying recordkeeping requirements. Existing section 117.345(f) 
consists of the recordkeeping requirements for units subject to 
Division 3 (Houston-Galveston-Brazoria Ozone Nonattainment Area Major 
Sources). Existing subsection (f) directs owners or operators of 
subject units to maintain written or electronic records of specified 
data for a period of at least five years and make available upon 
request by authorized representatives of the executive director of the 
TCEQ, the EPA, or local air pollution control agencies having 
jurisdiction. New paragraph (12) in section 117.345(f), which specifies 
the recordkeeping requirements of output-based monitoring data, reads 
that the records specified in subsection (f) must include ``for each 
stationary reciprocating internal combustion engine and stationary gas 
turbine for which the owner or operator elects to use the alternative 
monitoring system allowed under section 117.340(a)(2)(D) of this title, 
records of the daily average horsepower and total daily hours of 
operation. Units that are monitored according to section 
117.340(a)(2)(D) of this title are not required to keep records of 
annual fuel usage as required by paragraph (1) of this subsection.'' 
New paragraph (12) in section 117.345(f) will ensure that recordkeeping 
requirements are consistent with the horsepower and hours of operation 
data that would be collected by the output-based alternative monitoring 
provision found in new subparagraph (D) of section 117.340(a)(2). The 
EPA is approving this revision because it will provide for appropriate/
accurate recordkeeping and reporting of records for each affected 
stationary reciprocating internal combustion engine and stationary gas 
turbine utilizing the output-based alternative monitoring system 
provision.
3. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area Minor 
Sources
    The HGB 8-Hour Ozone Nonattainment Area Minor Source rules are 
found in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen 
Compounds; Subchapter D, Combustion Control at Minor Sources in Ozone 
Nonattainment Areas; Division 1, Houston-Galveston-Brazoria Ozone 
Nonattainment Area Minor Sources. Revisions to the HGB 8-Hour Ozone 
Nonattainment Area Minor Source rules were adopted by the State on 
February 11, 2009 and submitted to EPA for approval into the SIP on 
March 10, 2009. We provided comments to TCEQ concerning the SIP 
revision in a letter dated September 15, 2008. Our comment letter to 
TCEQ is a part of the docket for this rulemaking action and available 
for public inspection.
    Section 117.2035 (Monitoring and Testing Requirements) currently 
requires stationary reciprocating internal combustion engines and 
stationary gas turbines located at minor stationary sources of 
NO<INF>X</INF> in the HGB 8-hour ozone nonattainment area to have a 
fuel flow meter installed. The totalizing fuel flow meter is used to 
measure the activity rate of the engine, which is used as an indirect 
indication of NO<INF>X</INF> emissions from these sources. The revision 
to section 117.2035(a)(2) that we are approving adds a new subparagraph 
(G), providing an output-based monitoring alternative for stationary 
reciprocating internal combustion engines and stationary gas turbines 
and thereby adding monitoring flexibility for the owners and operators 
of the affected units. New subparagraph (G) reads as follows: 
``Stationary reciprocating internal combustion engines and stationary 
gas turbines equipped with a continuous monitoring system that 
continuously monitors horsepower and hours of operation are not 
required to install totalizing fuel flow meters. The continuous 
monitoring system must be installed, calibrated, maintained, and 
operated according to manufacturer's procedures.'' The EPA is approving 
this revision because we consider continuous monitoring of horsepower 
output and hours of operation to be as effective as a totalizing fuel 
flow meter in the indirect indication of NO<INF>X</INF> emissions. Both 
methods monitor the activity rate of the engine, and these measures are 
used to indirectly determine NO<INF>X</INF> emissions. The output-based 
monitoring alternative provides activity data equivalent with the 
existing monitoring specifications and can easily be converted into an 
annual mass emission rate for compliance with the MECT program. In 
addition, this revision is consistent with an option currently allowed 
under section 117.440(a)(2)(D) for engines in the DFW 8-hour ozone 
nonattainment area, which we approved on December 3, 2008 (73 FR 
73562).
    Section 117.2045 concerns Recordkeeping and Reporting Requirements. 
The revision to subsection (a) in section 117.2045 adds new paragraph 
(7), specifying recordkeeping requirements. Existing section 
117.2045(a) consists of the recordkeeping requirements for units 
subject to Division 1 (Houston-Galveston-Brazoria Ozone Nonattainment 
Area Minor Sources). Existing subsection (a) directs owners or 
operators of subject units to maintain written or electronic records of 
specified data for a period of at least five years and make available 
upon request by authorized representatives of the executive director of 
the TCEQ, the EPA, or local air pollution control agencies having 
jurisdiction. New paragraph (7) in section 117.2045(a), which specifies 
the recordkeeping requirements of output-based monitoring data, reads 
that the records specified in subsection (a) must include ``records of 
daily average horsepower and total daily hours of operation for each 
stationary reciprocating internal combustion engine or stationary gas 
turbine that the owner or operator elects to use the alternative 
monitoring system allowed under section 117.2035(a)(2)(G) of this 
title. Units that are monitored according to section 117.2035(a)(2)(G) 
of this title are not required to keep records of annual fuel usage as 
required by paragraph (1) of this subsection.'' New paragraph (7) in 
section 117.2045(a) ensures that recordkeeping requirements are 
consistent with the horsepower and hours of operation data that would 
be collected by the output-based alternative monitoring provision found 
in new subparagraph (G) of section 117.2035(a)(2). The EPA is approving 
this revision because it is necessary to ensure the accurate 
recordkeeping and reporting for each stationary reciprocating internal 
combustion engine and stationary gas turbine for which the owner or 
operator elects to use the output-based alternative monitoring system 
allowed under section 117.2035(a)(2)(G). Accurate recordkeeping is 
essential for the proper monitoring and control of NO<INF>X</INF> 
emissions, which in turn assists in the improvement of air quality.

II. Final Action

    Today we are approving revisions to 30 TAC Chapter 117 into the 
Texas SIP. We are approving revisions to the BPA 8-Hour Ozone 
Nonattainment Area Major Source rules, the HGB 8-Hour Ozone 
Nonattainment Area Major Source rules, and the HGB 8-Hour

[[Page 38106]]

Ozone Nonattainment Area Minor Source rules. We are approving these SIP 
revisions, which add flexibility and consistency to the current 
stationary reciprocating internal combustion engine and gas turbine 
monitoring specifications found in Chapter 117 by allowing for an 
additional option for monitoring NO<INF>X</INF> emissions. We are 
approving these revisions pursuant to section 110 of the CAA because 
the revisions provide an additional effective monitoring method that 
will provide flexibility while maintaining the enforceability of the 
rules.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act;
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994); and
    <bullet> Does not have Tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the State, and 
EPA notes that it will not impose substantial direct costs on Tribal 
governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 29, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See Section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxide, Reporting and recordkeeping requirements, Ozone, Volatile 
organic compounds.

    Dated: July 21, 2009.
Carl E. Edlund,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended under ``Chapter 117--Control of Air 
Pollution From Nitrogen Compounds'' as follows:
0
a. Under Subchapter B, Division 1, by revising the entries for Sections 
117.140 and 117.145;
0
b. Under Subchapter B, Division 3, by revising the entries for Sections 
117.340 and 117.345;
0
c. Under Subchapter D, Division 1, by revising the entries for Sections 
117.2035 and 117.2045.
    The revisions read as follows:
    Sec.  52.2270 Identification of plan
* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
        State citation               Title/subject         submittal       EPA approval date       Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Chapter 117--Control of Air Pollution From Nitrogen Compounds
----------------------------------------------------------------------------------------------------------------
 

[[Page 38107]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
      Subchapter B--Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone
                                               Nonattainment Areas
                     Division 1--Beaumont-Port Arthur Ozone Nonattainment Area Major Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 117.140...............  Continuous                   2/11/2009  7/31/2009 [Insert FR
                                 Demonstration of                        page number where
                                 Compliance.                             document begins].
Section 117.145...............  Notification,                2/11/2009  7/31/2009 [Insert FR
                                 Recordkeeping, and                      page number where
                                 Reporting                               document begins].
                                 Requirements.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Division 3--Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 117.340...............  Continuous                   2/11/2009  7/31/2009 [Insert FR    ................
                                 Demonstration of                        page number where
                                 Compliance.                             document begins].
Section 117.345...............  Notification,                2/11/2009  7/31/2009 [Insert FR    ................
                                 Recordkeeping, and                      page number where
                                 Reporting                               document begins].
                                 Requirements.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                 Subchapter D--Combustion Control at Minor Sources in Ozone Nonattainment Areas
                  Division 1--Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 117.2035..............  Monitoring and Testing       2/11/2009  7/31/2009 [Insert FR
                                 Requirements.                           page number where
                                                                         document begins].
Section 117.2045..............  Recordkeeping and            2/11/2009  7/31/2009 [Insert FR
                                 Reporting                               page number where
                                 Requirements.                           document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-18345 Filed 7-30-09; 8:45 am]
BILLING CODE 6560-50-P


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