21144 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal/effective date 

EPA approval date Explanation 

*******

Interstate transport for the 2006 

PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance).

Statewide ..................... 5/16/2011 

5/21/2013 

4/15/2014 [Insert FR page 

number where document 

begins].

SIP submission dated 5/16/2011, 

technical supplement dated 5/21/

2013. 

[FR Doc. 2014–08484 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0100; FRL–9909–51– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for the 1997 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing its proposal 

to approve revisions to the Texas State 

Implementation Plan (SIP) for the 

Houston/Galveston/Brazoria (HGB) 1997 

8-Hour ozone nonattainment Area 

(Area). The HGB Area consists of 

Brazoria, Chambers, Fort Bend, 

Galveston, Harris, Liberty, Montgomery 

and Waller counties. Specifically, we 

are finalizing our proposed approval of 

portions of two revisions to the Texas 

SIP submitted by the Texas Commission 

on Environmental Quality (TCEQ) as 

meeting certain Reasonably Available 

Control Technology (RACT) 

requirements for Volatile Organic 

Compounds (VOC) in the HGB Area. 

This action is in accordance with 

section 110 of the federal Clean Air Act 

(the Act, CAA). 

DATES: This rule will be effective on 

May 15, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0100. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 

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 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar (6PD–L), telephone (214) 

665–2164, email shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Outline 

I. Background 

A. What actions are we finalizing? 

1. The June 13, 2007 Submittal 

2. The April 6, 2010 Submittal 

B. When did the public comment period 

expire? 

II. Evaluation 

A. What are the public comments and 

EPA’s response to them? 

B. What is TCEQ’s approach and analysis 

to RACT? 

C. What source categories are we 

addressing in this action? 

D. Are there any negative declarations 

associated with the VOC source 

categories in the HGB Area? 

E. Is Texas’ approach to RACT 

determination for VOC sources based on 

the June 13, 2007 and April 6, 2010 

submittals acceptable? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. What actions are we finalizing? 

We are finalizing our January 9, 2014 

(79 FR 1612) proposal to approve 

portions of revisions to the Texas SIP 

submitted to EPA with two separate 

letters dated June 13, 2007 and April 6, 

2010 from TCEQ. These two separate 

submittals are described below. 

1. The June 13, 2007 Submittal 

The June 13, 2007 submittal concerns 

revisions to 30 TAC, Chapter 115 

Control of Air Pollution from Volatile 

Organic Compounds. In addition, the 

June 13, 2007 submittal included an 

analysis intended to demonstrate RACT 

was being implemented in the HGB 

Area as required by the CAA (Appendix 

D of the submittal). We approved 

selected revisions as meeting RACT 

under the 8-hour ozone NAAQS for 

some, but not all of the submitted 

industry source categories in the HGB 

Area, on April 2, 2013 at 78 FR 19599. 

In our January 9, 2014 (79 FR 1612) 

proposal, we addressed additional 

source categories covered in this SIP 

submittal. 

2. The April 6, 2010 Submittal 

In conjunction with the June 13, 2007 

submittal, we are also finalizing our 

proposal to approve a part of the April 

6, 2010 revision to the Texas SIP for 

VOC RACT purposes. Specifically, we 

find that Texas has met certain RACT 

requirements under section 182(b). For 

more information on RACT evaluation 

for the HGB Area see section B of the 

January 9, 2014 (79 FR 1612) proposal. 

B. When did the public comment period 

expire? 

The public comment period for the 

January 9, 2014 (79 FR 1612) proposal 

expired on February 10, 2014. 

II. Evaluation 

A. What are the public comments and 

EPA’s response to them? 

Comment: An individual commented 

that pollution has to stop at the source, 

there should be zero waste, and the 

polluter has to pay. 

Response: EPA is not aware of a 

reasonably available and technologically 

feasible method to achieve zero waste 

for the source categories identified in 

Table 1 of the January 9, 2014 (79 FR 

1612) proposal. The commenter did not 

provide any information to this effect, 

and no contact information was made 

available by the commenter in order for 

EPA to pursue an inquiry regarding 


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Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 21145 

existence of such control technology. 

Furthermore, section 113 of the CAA 

provides for the enforcement and 

compliance of applicable emission 

requirements with which a source will 

need to comply. 

No change to the proposal is made as 

a result of this comment. 

B. What is TCEQ’s approach and 

analysis to RACT? 

As stated in the January 9, 2014 (79 

FR 1612) proposal, under sections 

182(b)(2)(A) and (B) states must ensure 

RACT is in place for each source 

category for which EPA issued a Control 

Techniques Guidelines (CTG), and for 

any major source not covered by a CTG. 

As a part of its June 13, 2007 submittal, 

TCEQ conducted a RACT analysis to 

demonstrate that the RACT 

requirements for CTG sources in the 

HGB 8-Hour ozone nonattainment Area 

have been fulfilled. The TCEQ revised 

and supplemented this analysis in its 

April 6, 2010 submittal. The TCEQ 

conducted its analysis by: (1) 

Identifying all categories of CTG and 

major non-CTG sources of VOC 

emissions within the HGB Area; (2) 

Listing the state regulation that 

implements or exceeds RACT 

requirements for that CTG or non-CTG 

category; (3) Detailing the basis for 

concluding that these regulations fulfill 

RACT through comparison with 

established RACT requirements 

described in the CTG guidance 

documents and rules developed by 

other state and local agencies; and (4) 

Submitting negative declarations when 

there are no CTG or major Non-CTG 

sources of VOC emissions within the 

HGB Area. 

C. What source categories are we 

addressing in this action? 

Table 1 of the January 9, 2014 (79 FR 

1612) proposal contained a list of VOC 

source categories and their 

corresponding sections of 30 TAC 

Chapter 115 to fulfill the applicable 

RACT requirements under section 

182(b) of the Act. 

TABLE 1—CTG SOURCE CATEGORIES AND THEIR CORRESPONDING TEXAS VOC RACT RULES

Source category in HGB area CTG reference document Chapter 115, 

fulfilling RACT 

Aerospace ...................................... Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations.§§ 115.420–429. 

Surface coating for insulation of 

magnets.

Control of Volatile Organic Emissions from Existing Stationary Sources—Volume IV: 

Surface Coating of Insulation of Magnet Wire.

§§ 115.420–429. 

Surface coating of coils ................. Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks §§ 115.420–429. 

Surface coating of fabrics .............. Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks §§ 115.420–429. 

Surface coating of cans ................. Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks §§ 115.420–429. 

Use of cutback asphalt .................. Control of Volatile Organic Emissions from Use of Cutback Asphalt ............................. §§ 115.510–519. 

Wood furniture ............................... Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing 

Operations.

§§ 115.420–429. 

Large petroleum dry cleaners ........ Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners §§ 115.552–559. 

D. Are there any negative declarations 

associated with the VOC source 

categories in the HGB Area? 

Yes, Texas has declared that there are 

no Fiberglass Boat Manufacturing 

Materials Operations, Leather Tanning 

and Finishing Operations, Surface 

Coating for Flat Wood Paneling 

Operations, Letterpress Printing, 

Automobile and Light-Duty Truck 

Assembly Coating Operations, and 

Vegetable Oil Manufacturing Operations 

that are major sources in the HGB Area. 

Previously, we have approved a 

negative declaration for the Rubber Tire 

Manufacturing Operations in the HGB 

Area. As such, TCEQ does not have to 

adopt VOC regulations relevant to these 

source categories at this time for the 

HGB Area. 

E. Is Texas’ approach to RACT 

determination for VOC sources based on 

the June 13, 2007 and April 6, 2010 

submittals acceptable? 

Yes. The purpose of 30 TAC Chapter 

115 rules for the HGB Area is to 

establish reasonable controls on the 

emissions of ozone precursors. Texas 

has reviewed its VOC rules and has 

certified that its rules satisfy RACT 

requirements. We find the Texas RACT 

determination to be acceptable. Based 

upon our evaluation, we find that Texas 

has RACT-level controls in place for all 

required sources for the HGB Area 

under the 1997 8-Hour ozone standard. 

III. Final Action 

Today, we are approving the proposal 

to find that with respect to the VOC 

source categories identified in Table 1 of 

the January 9, 2014 (79 FR 1612) 

proposal, Texas has RACT-level controls 

in place for the HGB Area under the 

1997 8-Hour ozone standard. We are 

also approving the negative declarations 

as explained in section II(D) of this 

action. The EPA had previously 

approved RACT for VOC and NOX into 

Texas’ SIP under the 1-Hour ozone 

standard. 

IV. 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. If a portion of the 

plan revision meets all the applicable 

requirements of this chapter and Federal 

regulations, the Administrator may 

approve the plan revision in part. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices that meet 

the criteria of the Act, and to disapprove 

state choices that do not meet the 

criteria of the Act. Accordingly, this 

proposed action approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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); 


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21146 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

• 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 

• this rule 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. 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: April 1, 2014. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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. In Section 52.2270, the second table 

in paragraph (e) entitled ‘‘EPAApproved Nonregulatory Provisions and 

Quasi-Regulatory Measures in the Texas 

SIP’’ is amended by adding two entries 

at the end to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal/effective 

date EPA Approval date Comments 

*******

VOC RACT negative declaration for Fiberglass 

Boat Manufacturing Materials, Leather Tanning 

and Finishing, Surface 

Coating for Flat Wood 

Paneling, Letterpress 

Printing, Automobile and 

Light-Duty Truck Assembly Coating, Rubber Tire 

Manufacturing, and Vegetable Oil Manufacturing 

Operations.

Brazoria, Chambers, Fort 

Bend, Galveston, Harris, 

Liberty, Montgomery 

and Waller Counties, TX.

April 6, 2010. 

VOC RACT finding for the 

1997 8-hour ozone 

NAAQS, except for the 

2006–2010 EPA-issued 

CTG series.

Brazoria, Chambers, Fort 

Bend, Galveston, Harris, 

Liberty, Montgomery 

and Waller Counties, TX.

April 6, 2010 ..................... April 15, 2014 [Insert FR 

page number where 

document begins].

[FR Doc. 2014–08331 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2013–0692; FRL–9909–45– 

Region 7] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Air Emissions From 

Existing Municipal Solid Waste 

Landfills; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the state 

section 111 plan for Municipal Solid 

Waste (MSW) Landfills submitted by the 

State of Missouri Department of Natural 

Resources. This plan contains state rules 

‘‘Municipal Solid Waste Landfills’’ and 

‘‘Restriction of Emissions from 

Municipal Solid Waste Landfills’’ that 

were updated as a result of amendments 

to the Federal Emission Guidelines (EG) 

published April 10, 2000; October 17, 

2000; and September 21, 2006. The plan 

also corrects typographical and 

administrative changes in the Missouri 

Rules. This approval means that EPA 

finds the State Plan meets applicable 

Clean Air Act (CAA) requirements. 

DATES: This direct final rule will be 

effective June 16, 2014, without further 

notice, unless EPA receives adverse 

comments by May 15, 2014. If EPA 

receives adverse comments, we 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 ID No. EPA–R07– 

OAR–2013–0692, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Bernstein.craig@epa.gov. 

3. Mail or Hand Delivery: Craig 

Bernstein, Environmental Protection 

Agency, Air Planning and Development 


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