38102 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 

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[FR Doc. E9–18243 Filed 7–30–09; 8:45 am] 

BILLING CODE 7710–FW–P 

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. 

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 BeaumontPort 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 (NOX) 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: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Please 

follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6comment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

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. 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 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 

medina.dayana@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Outline 

I. Background 

A. What Action Is EPA Taking? 

B. What Are NOX? 

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 (NOX) 

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 NOX 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 (NOX) belong to the 

group of criteria air pollutants. NOX 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 NOX 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 NOX and VOCs in the 

presence of sunlight and high ambient 

temperatures. Thus, ozone is known 

primarily as a summertime air pollutant. 

NOX and VOCs are precursors of ozone. 

Motor vehicle exhaust and industrial 

emissions, gasoline vapors, chemical 

solvents and natural sources emit NOX

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

Section No. Description 

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. 


rmajette on DSK29S0YB1PROD with RULES
38104 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 

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 NOX 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 

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 NOX 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 NOX

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 NOX emissions. Both 

methods monitor the activity rate of the 

engine, and these measures are used to 

indirectly determine NOX 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 (BeaumontPort 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 outputbased 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 NOX 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 NOX 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 NOX emissions. Both 

methods monitor the activity rate of the 

engine, and these measures are used to 

indirectly determine NOX 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 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 38105 

submittal, which is in the docket for this 

rulemaking action. 

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). 

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 (HoustonGalveston-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 NOX 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 NOX emissions from these sources. 

The revision to section 117.2035(a)(2) 

that we are approving adds a new 

subparagraph (G), providing an outputbased 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 NOX emissions. Both 

methods monitor the activity rate of the 

engine, and these measures are used to 

indirectly determine NOX 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 (HoustonGalveston-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 outputbased 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 

NOX 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 


rmajette on DSK29S0YB1PROD with RULES
38106 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 

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 NOX 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: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

• 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 

• 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. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. The table in § 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: 

■ a. Under Subchapter B, Division 1, by 

revising the entries for Sections 117.140 

and 117.145; 

■ b. Under Subchapter B, Division 3, by 

revising the entries for Sections 117.340 

and 117.345; 

■ c. Under Subchapter D, Division 1, by 

revising the entries for Sections 

117.2035 and 117.2045. 

The revisions read as follows: 

§ 52.2270 Identification of plan 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

* * * * * * * 

Chapter 117—Control of Air Pollution From Nitrogen Compounds 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations 38107 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

* * * * * * * 

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 Demonstration of Compliance.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

Section 117.145 ...... Notification, Recordkeeping, and Reporting Requirements.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

* * * * * * * 

Division 3—Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources 

* * * * * * * 

Section 117.340 ...... Continuous Demonstration of Compliance.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

Section 117.345 ...... Notification, Recordkeeping, and Reporting Requirements.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

* * * * * * * 

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 Requirements ... 2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

Section 117.2045 .... Recordkeeping and Reporting Requirements.2/11/2009 7/31/2009 [Insert FR page number 

where document begins].

* * * * * * * 

[FR Doc. E9–18345 Filed 7–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[FRL–8937–9] 

Autoliv ASP Inc. Facility in 

Promontory, UT, Under Project XL 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is withdrawing a final 

rule published on May 9, 2001 which 

modified the regulations under the 

Resource, Conservation and Recovery 

Act (RCRA) to enable the 

implementation of the Autoliv XL 

project that was developed under EPA’s 

Project eXcellence in Leadership 

(Project XL) program. Project XL was a 

national pilot program that allowed 

State and local governments, businesses 

and Federal facilities to work with EPA 

to develop more cost-effective ways of 

achieving environmental and public 

health protection. In exchange, EPA 

provided regulatory, policy or 

procedural flexibilities to conduct the 

pilot experiments. 

DATES: The final rule is effective August 

31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Panetta, Mail Code 1870T, U.S. 

Environmental Protection Agency, 

Office of Policy, Economics and 

Innovation, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Ms. 

Panetta’s telephone number is (202) 

566–2184 and her e-mail address is 

panetta.sandra@epa.gov. Further 

information on today’s action may also 

be obtained on the Internet at http:// 

www.epa.gov/projectxl/autoliv/ 

index.htm. 

SUPPLEMENTARY INFORMATION: EPA is 

withdrawing the final rule which was 

published on May 9, 2001 (66 FR 23617) 

in response to Autoliv’s request in a 

letter to the State of Utah dated October 

7, 2003 to withdraw the XL project. The 

final rule granted Autoliv an exemption 

under Project XL from the definition of 

hazardous waste for treatment of waste 

in an on-site Metals Recovery Furnace 

(MFR) at the Promontory Facility 

instead of sending the materials off-site 

to be treated. Prior to implementation of 

the project, new criteria were set forth 

by the Utah Division of Air Quality in 

the MACT standard for dioxins. The 

project became economically 

impracticable given the added cost to 

upgrade Autoliv’s facility to meet the 

new requirement and the project was 

not implemented. Discontinuing the XL 

project will have no environmental 

impact. All reporting requirements in 40 

CFR 261.4(b)(18) are discontinued. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 


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