[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52656-52659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7409]



[[Page 52655]]

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Part III





Environmental Protection Agency





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40 CFR Part 52



Approval and Promulgation of Air Quality Implementation Plans; Texas; 
Final Rules

Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / 
Rules and Regulations

[[Page 52656]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2004-TX-0014; FRL-8216-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Rules for the Control of Highly Reactive Volatile Organic 
Compounds in the Houston/Galveston/Brazoria Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving rules adopted by the Texas Commission on 
Environmental Quality (TCEQ) for the control of highly reactive 
Volatile Organic Compounds (HRVOCs) in the Houston/Galveston/Brazoria 
(HGB) ozone nonattainment area. These rules for the control of HRVOCs 
supplement Texas' existing rules for controlling volatile organic 
compounds (VOC) by providing more extensive requirements for certain 
equipment in HRVOC service. These additional controls of HRVOC 
emissions will help to attain and maintain the national ambient air 
quality standards (NAAQS) for ozone in HGB.

DATES: This rule is effective on October 6, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2004-TX-0014. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
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 15 cent per page 
fee 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 at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-7242; fax number 
214-665-7263; e-mail address <a href="/cdn-cgi/l/email-protection#98e1f7edf6ffb6fbf9eaf4d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="433a2c362d246d2022312f032633226d242c35">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'', or ``our'' are used, we mean the EPA.

What Action is EPA Taking?

    We are approving portions of revisions to the SIP submitted by the 
State of Texas in letters dated January 23, 2003, November 7, 2003, 
March 26, 2004 and December 17, 2004. We are approving the portions of 
these revisions that pertain to the control of HRVOCs. These rules, 
which are codified at 30 TAC Chapter 115, Subchapter H, apply to 
facilities in the HGB ozone nonattainment area. We are also approving 
the associated revisions to the definitions section of 30 Texas 
Administrative Code (TAC) 115.10. The revisions are approved pursuant 
to section 110 and part D of the Federal Clean Air Act (the Act).

What is the Background for this Action?

    These rules to control HRVOCs were adopted by TCEQ based on recent 
findings that certain highly reactive chemicals (ethylene, propylene, 
1,3 butadiene and butenes) contribute disproportionately to the ozone 
problem in the HGB area. EPA issued a proposed approval of these rule 
revisions on April 7, 2005 (70 FR 17640). In EPA's proposed approval, 
we explained the rationale for our approval and solicited comments for 
30 days.

What Comments Were Received on the Proposed Approval?

    Only one comment letter was received regarding the proposed 
approval and it was supportive of the proposed action.

What does Federal approval of a State regulation mean to me?

    Enforcement of the State regulation before and after it is 
incorporated into the federally approved SIP is primarily a state 
function. However, once the regulation is federally approved, the EPA 
and the public may take enforcement action against violators of these 
regulations if the state fails to do so. In addition, only regulations 
that have been federally approved can be credited toward an area's 
attainment or rate of progress plan. EPA has proposed approval of the 
ozone attainment plan for the HGB area. The measures to control HRVOCs 
in this approval are part of the control strategy to demonstrate 
attainment of the ozone standard.

What General Requirements do the Rules Establish?

    The rules establish improved monitoring requirements for flares, 
cooling towers, process vents and pressure relief valves. The rules 
establish a 1200 lb/hour site-wide short-term limit on HRVOCs for 
sources in Harris County. In addition, the improved source monitoring 
provides the information necessary for sources to demonstrate 
compliance with an annual cap and trade program controlling emissions 
of HRVOCs from cooling tower, process vents, pressure relief devices 
and flares contained in 30 TAC Chapter 101. EPA proposed approval of 
the HRVOC cap and trade program on October 5, 2005 (70 FR 58112). Also, 
to better control fugitive emissions of HRVOCs, the rules being 
approved here establish more stringent leak detection and repair work 
practice requirements.

Why are We Approving these Rules?

    The addition of these rules for the control of HRVOCs will 
supplement Texas' existing rules controlling volatile organic compounds 
(VOC) and provide improvements to the Texas SIP's VOC Reasonably 
Available Control Technology (RACT) rules. These additional controls of 
HRVOC emissions will help to attain and maintain the national ambient 
air quality standards (NAAQS) for ozone in HGB. Today's actions makes 
the revised regulations federally enforceable.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional

[[Page 52657]]

requirements beyond those imposed by state law. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
approves pre-existing requirements under state law and does not impose 
any additional enforceable duty beyond that required by state law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045, A 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided they meet the criteria of the Clean Air Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a major rule as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 6, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 24, 2006.
Richard E. Greene,
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 115 (Reg 5), immediately 
following the entry for Section 115.629, by adding a new centered 
heading ``Subchapter H--Highly-Reactive Volatile Organic Compounds'', 
followed by new entries for Sections 115.720 to 115.789 to read as 
follows.


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA-Approved Regulations in the Texas SIP
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                                                                             State approval/
             State citation                         Title/subject             submittal date              EPA approval date               Explanation
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                                                                      * * * * * * *
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                                      Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 115.629.........................  Affected Counties and Compliance           10/27/04  02/10/05, 70 FR 7043..................
                                           Schedules.
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                                                Subchapter H--Highly-Reactive Volatile Organic Compounds
                                                              Division 1: Vent Gas Control
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.720.........................  Applicability and Definitions...         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].

[[Page 52658]]

 
Section 115.722.........................  Site-wide Cap and Control                12/01/2004  9/06/2006 [Insert FR citation from
                                           Requirements.                                        published date].
Section 115.725.........................  Monitoring and Testing                   12/01/2004  9/06/2006 [Insert FR citation from
                                           Requirements.                                        published date].
Section 115.726.........................  Recordkeeping and Reporting              12/01/2004  9/06/2006 [Insert FR citation from
                                           Requirements.                                        published date].
Section 115.727.........................  Exemptions......................         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.729.........................  Counties and Compliance                  12/01/2004  9/06/2006 [Insert FR citation from
                                           Schedules.                                           published date].
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                                                     Division 2: Cooling Tower Heat Exchange Systems
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Section 115.760.........................  Applicability and Cooling Tower          12/01/2004  9/06/2006 [Insert FR citation from
                                           Heat Exchange System                                 published date].
                                           Definitions.
Section 115.761.........................  Site-wide Cap...................         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.764.........................  Monitoring and Testing                   12/01/2004  9/06/2006 [Insert FR citation from
                                           Requirements.                                        published date].
Section 115.766.........................  Recordkeeping and Reporting              12/01/2004  9/06/2006 [Insert FR citation from
                                           Requirements.                                        published date].
Section 115.767.........................  Exemptions......................         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.769.........................  Counties and Compliance                  12/01/2004  9/06/2006 [Insert FR citation from
                                           Schedules.                                           published date].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Division 3: Fugitive Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.780.........................  Applicability...................         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.781.........................  General Monitoring and                   12/01/2004  9/06/2006 [Insert FR citation from
                                           Inspection Requirements.                             published date].
Section 115.782.........................  Procedures and Schedule for Leak         12/01/2004  9/06/2006 [Insert FR citation from
                                           Repair and Follow-up.                                published date].
Section 115.783.........................  Equipment Standards.............         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.786.........................  Recordkeeping Requirements......         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.787.........................  Exemptions......................         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.788.........................  Audit Provisions................         12/01/2004  9/06/2006 [Insert FR citation from
                                                                                                published date].
Section 115.789.........................  Counties and Compliance                  12/01/2004  9/06/2006 [Insert FR citation from
                                           Schedules.                                           published date].
 
                                                                      * * * * * * *
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[FR Doc. 06-7409 Filed 9-5-06; 8:45 am]
BILLING CODE 6560-50-P


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