64148 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

* * * * *

[FR Doc. 00–27144 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–119–1–7448a; FRL–6886–1]

Approval and Promulgation of

Implementation Plans; Texas; Water

Heaters, Small Boilers, and Process

Heaters; Agreed Orders; Major

Stationary Sources of Nitrogen Oxides

in the Beaumont/Port Arthur Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is taking direct final

action on revisions to the Texas State

Implementation Plan (SIP). This

rulemaking covers four separate actions.

First, we are approving revisions to the

Nitrogen Oxides ( NOX) SIP to add a

rule for water heaters, small boilers, and

process heaters sold and installed in

Texas (the Texas Water Heater Rule).

This rule will contribute to attainment

of the 1-hour ozone standard in the

Beaumont/Port Arthur (B/PA), Houston/

Galveston (H/GA), and Dallas/Fort

Worth (D/FW) nonattainment areas and

will contribute to continued

maintenance of the standard in the rest

of the State of Texas. Second, we are

approving revisions to the Texas NOX

SIP for certain major stationary point

source categories in the B/PA ozone

nonattainment area. These new limits

for certain stationary point sources will

contribute to attainment of the 1-hour

ozone standard in the B/PA area. Third,

we are approving revisions to the

existing approved Texas NOX

Reasonably Available Control

Technology (RACT) SIP because the

changes are administrative in nature.

Fourth, we are approving two Agreed

Orders between the State of Texas and

two companies in Northeast Texas.

These Orders will contribute to

attainment of the 1-hour ozone standard

in the B/PA, H/GA, and D/FW

nonattainment areas and will contribute

to continued maintenance of the

standard in the eastern half of the State

of Texas.

The EPA is approving these SIP

revisions to regulate emissions of NOX

as meeting the requirements of the

Federal Clean Air Act (the Act).

DATES: This rule is effective on

December 26, 2000, without further

notice, unless EPA receives adverse

comment by November 27, 2000. If EPA

receives such comment, EPA will

publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section (6PD–L), at the EPA Region 6

Office listed below. Copies of

documents relevant to this action

including the Technical Support

Document (TSD) are available for public

inspection during normal business

hours at the following locations.

Anyone wanting to examine these

documents should make an

appointment with the appropriate office

at least two working days in advance.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–L),

1445 Ross Avenue, Dallas, Texas 75202–

2733.

Texas Natural Resource Conservation

Commission, Office of Air Quality,

12124 Park 35 Circle, Austin, Texas

78753.

FOR FURTHER INFORMATION CONTACT: Mr.

Alan Shar, P.E., Air Planning Section

(6PD-L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–6691.

Table of Contents

1. What action are we taking?

2. What are the April 30, 2000, SIP revision

requirements for the ‘‘Texas Water

Heater Rule?’

3. What source categories will the April 30,

2000, SIP revision for the B/PA area

affect?

4. What are the existing NOX emissions

specifications in the Texas NOX RACT

SIP?

5. What are the NOX emissions

specifications of the April 30, 2000, SIP

revision for the B/PA area?

6. What are nitrogen oxides?

7. What is a nonattainment area?

8. What are the Clean Air Act’s requirements

for controlling NOX emissions?

9. What are definitions of major sources for

NOX?

10. What is a State Implementation Plan?

11. What is the Federal approval process for

a SIP?

12. What does Federal approval of a SIP

mean to me?

13. What areas in Texas will this action

affect?

14. What does the Agreed Order between the

TNRCC and Aloca, Inc., require?

15. What does the Agreed Order between the

TNRCC and Eastman Chemical

Company, Texas Operations require?

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ means EPA. Please note that

if we receive adverse comment(s) on an

amendment, paragraph, or section of

this rule and if that provision is

independent of the remainder of the

rule, we may adopt as final those

provisions of the rule that are not the

subject of an adverse comment.

1. What Action Are We Taking?

The EPA previously approved the

Texas NOX rules at 30 TAC, Chapter

117, ‘‘Control of Air Pollution From

Nitrogen Compounds’’ as the Texas NOX

RACT SIP for the H/GA, D/FW, and B/

PA 1-hour ozone nonattainment areas

on September 1, 2000 (65 FR 53172). On

April 30, 2000, the Governor of Texas

submitted rule revisions to the 30 TAC,

Chapter 117, ‘‘Control of Air Pollution

From Nitrogen Compounds,’’ as a

revision to the Texas NOX SIP for

certain major stationary point source

categories operating in the B/PA ozone

nonattainment area. Texas submitted

this SIP revision to us as a part of the

additional local NOX reductions needed

for the B/PA area to attain the 1-hour

ozone standard. These new rules set

revised emission specifications in the B/

PA area for electric utility boilers,

industrial, commercial or institutional

boilers, and certain process heaters. On

April 30, 2000, the Governor of Texas

also submitted rule revisions to the 30

TAC, Chapter 117, ‘‘Control of Air

Pollution From Nitrogen Compounds,’’

as a revision to the Texas NOX SIP

adding controls for another source

category—water heaters, small boilers,

and process heaters sold and installed

in Texas. Texas submitted this SIP

revision to us as a part of the NOX

reductions needed for the H/GA, D/FW,

and B/PA 1-hour ozone nonattainment

areas to demonstrate attainment, to

strengthen the existing Texas SIP, and to

show continued maintenance of the

standard in the rest of the State of

Texas. On April 30, 2000, the Governor

of Texas also submitted rule revisions to

the 30 TAC, Chapter 117, ‘‘Control of

Air Pollution From Nitrogen

Compounds,’’ as a revision to the Texas

NOX RACT SIP that were purely

administrative changes without any

substantive effects.

On April 30, 2000, the Governor of

Texas submitted to us two Agreed

Orders entered into between the State

and two companies in the eastern half

of Texas. Texas submitted this SIP

revision to us as a part of the additional

emission reductions needed for the H/

GA, D/FW, and B/PA 1-hour ozone

nonattainment areas to demonstrate

attainment, to strengthen the existing

Texas SIP, and to show continued

maintenance of the standard in the

eastern half of the State of Texas.

In this rulemaking we are taking four

separate actions. First, under part D of

the Act, we are specifically approving a

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64149

new part to the Texas NOX SIP that goes

beyond the approved Texas NOX RACT

SIP for the B/PA area. The new part is

(1) the addition of new sections 117.104

concerning Gas-Fired Steam Generation,

117.106 concerning Emission

Specifications for Attainment

Demonstrations, 117.108 concerning

System Cap, 117.116 concerning Final

Control Plan Procedures for Attainment

Demonstration Emission Specifications,

117.206 concerning Emission

Specifications for Attainment

Demonstrations, and 117.216

concerning Final Control Plan

Procedures for Attainment

Demonstration Emission Specifications

as they relate to the B/PA ozone

nonattainment area; and (2) the repeal of

sections 117.109 and 117.601 as they

relate to the B/PA ozone nonattainment

area. We are approving this new part

under part D of the Act because the

State is relying upon these additional

NOX reductions to demonstrate

attainment of the 1-hour ozone standard

in the B/PA area. Secondly, we are

approving another new part to the Texas

NOX SIP, the addition of new sections

117.460 concerning Definitions, 117.461

concerning Applicability, 117.463

concerning Exemptions, 117.465

concerning Emission Specifications,

117.467 concerning Certification

Requirements, and 117.469 concerning

Notification and Labeling Requirements.

In this document we will refer to the

new sections 117.460–117.469 as the

‘‘Texas Water Heater Rule.’’ We are

approving the ‘‘Texas Water Heater

Rule’’ as a part of the Texas NOX SIP

under part D of the Act because the

State is relying upon this rule to

demonstrate attainment for the H/GA,

D/FW, and B/PA areas, and we are

approving the rule under sections 110

and 116 of the Act because the State is

relying upon the reductions to show

continued maintenance of the standard

in the rest of the State of Texas and as

a strengthening of the existing Texas

SIP. Third, we are specifically

approving the administrative revisions

to sections 117.101–117.121, 117.201–

117.223, 117.510, 117.520, and 117.570.

We are approving these administrative,

non-substantive revisions to the existing

approved Texas NOX RACT SIP because

they make no substantive changes to the

approved RACT rules, and they add

headings to distinguish between the

RACT rules for the nonattainment areas

and the rules relied upon by the State

for attainment demonstration purposes.

Fourth, we are approving two Agreed

Orders between the TNRCC and Alcoa,

Inc., and the TNRCC and Eastman

Chemical Company, Texas Operations.

We are approving these two Orders

under part D of the Act because the

State is relying upon the NOX

reductions from these two Orders to

demonstrate attainment of the 1-hour

ozone standard in the H/GA, D/FW, and

B/PA areas, and under sections 110 and

116 of the Act because the State is

relying upon the Orders for continued

maintenance of the standard in the

eastern half of the State of Texas and as

a strengthening of the existing Texas

SIP. For information about these two

Agreed Orders, see sections 16 and 17

of this document.

Texas has other source specific

Agreed Orders/ permits that we

inadvertently did not include in the

conversion of the previously-codified

Texas SIP to the new Incorporation by

Reference format. See 64 FR 36586,

published on July 7, 1999. In this

document we are not correcting the new

tables to reflect those Texas’ source

specific Agreed Orders/ permits we

approved and codified under the

previous format. We will correct our

tables for those Texas’ source specific

Agreed Orders/ permits in a future

Federal Register notice.

For more information on the Texas

NOX SIP revision and our evaluation of

these rules, please refer to our TSD

dated September 2000.

2. What Are the April 30, 2000, SIP

Revision Requirements for the ‘‘Texas

Water Heater Rule?’’

The following two tables contain a

summary of the April 30, 2000, ‘‘Texas

Water Heater Rule’’ requirements for

Water Heaters, Small Boilers, and

Process Heaters sold and installed in

Texas.

TABLE 1.—SIZE CLASSIFICATION FOR

‘‘TEXAS WATER HEATER RULE’’

Maximum rated capacity (Btu/Hr) Type

Capacity ≤ 75,000 .............................. 0

400,000 ≤ Capacity > 75,000 ............. 1

2,000,000 ≤ Capacity > 400,000 ........ 2

TABLE II.—TYPES, DATES AND NOX EMISSION SPECIFICATIONS FOR THE ‘‘TEXAS WATER HEATER RULE’’

Type Date NOx emission specification Explanation

0 Manufactured on or after July 1, 2002 ........ 40 ng/joule of heat output or 55 ppmv at

3% oxygen dry basis.

No later than December 31, 2004.

0 Manufactured on or after January 1, 2005 10 ng/joule of heat output or 15 ppmv at

3% oxygen dry basis.

1 Manufactured on or after July 1, 2002 ........ 40 ng/joule of heat output or 55 ppmv at

3% oxygen dry basis.

2 Manufactured on or after July 1, 2002 ........ 30 ppmv at 3% oxygen dry basis or 0.037

lb/MMBtu/hr of heat input.

We are approving the NOX emission

specifications of the ‘‘Texas Water

Heater Rule’’ under part D of the Act

because the State is relying upon them

to demonstrate attainment in the B/PA,

D/FW, and H/GA areas. We are also

approving them under sections 110 and

116 because they strengthen the Texas

SIP, and the State is relying upon them

for continued maintenance of the

standard in the rest of the State. The

rules do not mandate use of a specific

burner technology, and they do not

require retrofitting of existing natural

gas-fired water heaters, small boilers,

and process heaters. For a comparison

of this rule with the water heater rule of

another state, please refer to our TSD

dated September 2000.

3. What Source Categories Will the

April 30, 2000, SIP Revision for the B/

PA Area Affect?

These revisions will affect NOX

emissions from the following source

categories in the B/PA ozone

nonattainment area: (1) Utility boilers,

steam generators, auxiliary steam

boilers, and gas turbines used to

generate electricity. See section 117.101

of this rule; and (2) commercial,

institutional, or industrial boilers (nonutility boiler) and process heaters with

a maximum rated capacity of 40 million

British thermal units (Btu) per hour or

greater.

64150 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

4. What Are the Existing NOX Emissions

Specifications in the Texas NOX RACT

SIP?

The following table contains a

summary of the type of affected sources,

their corresponding emission limit, and

relevant applicability information for

these sources in the existing approved

Texas NOX RACT SIP.

TABLE III.—SUMMARY OF THE TEXAS NOX RACT SIP’S RULES FOR SOURCES IN THE H/GA, B/PA, AND D/FW

NONATTAINMENT AREAS

Source NOX limit Additional information

Utility Boilers ................................... 0.26 lb/MMBtu ............................... Natural gas or a combination of natural gas and waste oil, 24-hour

rolling average.

Utility Boilers ................................... 0.20 lb/MMBtu ............................... Natural gas or a combination of natural gas and waste oil, 30-day

rolling average.

Utility Boilers ................................... 0.38 lb/MMBtu ............................... Coal, tangentially-fired, 24-hour rolling average.

Utility Boilers ................................... 0.43 lb/MMBtu ............................... Coal, wall-fired, 24-hour rolling average.

Utility Boilers ................................... 0.30 lb/MMBtu ............................... Fuel oil only, 24-hour rolling average.

Utility Boilers ................................... [a(0.26) + b(0.30)]/(a + b) .............. Oil and gas mixture, 24-hour rolling average, where a = percent natural gas heat input; b = percent fuel oil heat input.

Stationary Gas Turbines ................. 42 parts per million volume dry

(ppmvd) basis.

@ 15% O2, natural gas, ≥30 Mega Watt (mW) annual electric output

≥2500 hour × mW rating.

Stationary Gas Turbines ................. 65 parts per million volume dry

(ppmvd).

@ 15% O2, fuel oil.

Stationary Gas Turbines ................. 0.20 lb/MMBtu ............................... Natural gas, peaking units, annual electric output <2500 hour × mW

rating.

Stationary Gas Turbines ................. 0.30 lb/MMBtu ............................... Fuel oil, peaking units, annual electric output <2500 hour × mW rating.

Non-Utility Boilers ............................ 0.10 lb/MMBtu ............................... Natural gas, low heat release and T < 200 °F, capacity ≥ 100 MMBtu/

hr.

Non-Utility Boilers ............................ 0.15 lb/MMBtu ............................... Natural gas, low heat release, preheated air 200 ≤T < 400 °F, capacity ≥ 100 MMBtu/hr.

Non-Utility Boilers ............................ 0.20 lb/MMBtu ............................... Natural gas, low heat release, preheated air T ≥ 400 °F, capacity ≥

100 MMBtu/hr.

Non-Utility Boilers ............................ 0.20 lb/MMBtu ............................... Natural gas, high heat release, without air or preheated air T < 250

°F, capacity ≥ 100 MMBtu/hr.

Non-Utility Boilers ............................ 0.24 lb/MMBtu ............................... Natural gas, high heat release, preheated air 250 ≤ T < 500 °F, capacity ≥ 100 MMBtu/hr.

Non-Utility Boilers ............................ 0.28 lb/MMBtu ............................... Natural gas, high heat release, preheated air T ≥ 500 °F, capacity ≥

100 MMBtu/hr.

Process Heaters .............................. 0.10 lb/MMBtu ............................... Natural gas, preheated air T ,< 200 °F, capacity ≥ 100 MMBtu/hr.

Process Heaters .............................. 0.13 lb/MMBtu ............................... Natural gas, preheated air 200 ≤T < 400 °F, capacity ≥ 100 MMBtu/

hr.

Process Heaters .............................. 0.18 lb/MMBtu ............................... Natural gas, low heat release, preheated air T ≥ 400 °F, capacity ≥

100 MMBtu/hr.

Process Heaters .............................. 0.10 lb/MMBtu ............................... Natural gas, firebox T < 1400 °F, capacity ≥ 100 MMBtu/hr.

Process Heaters .............................. 0.125 lb/MMBtu ............................. Natural gas, firebox 1400 ≤ T < 1800 °F, capacity ≥ 100 MMBtu/hr.

Process Heaters .............................. 0.15 lb/MMBtu ............................... Natural gas, firebox T ≥ 1800 °F, capacity ≥ 100 MMBtu/hr.

Process Heaters and ......................

Non-Utility Boilers ............................

0.30 lb/MMBtu ............................... Liquid fuel, capacity ≥ 100 MMBtu/hr.

Process Heaters and ......................

Non-Utility Boilers ............................

0.30 lb/MMBtu ............................... Wood fuel, capacity ≥ 100 MMBtu/hr.

Stationary Gas Turbines ................. 42 parts per million volume dry

(ppmvd) basis.

@ 15% O2, rating ≥ 10 mW.

Reciprocating Internal Combustion

Engines.

2.0 gram/hp-hr ............................... Natural gas, rich burn, stationary, capacity ≥ 150 hp in H/GA, capacity ≥300 hp in B/PA.

Absorbers of Adipic Acid .................

Production Units ..............................

2.5 lb/ton of acid produced ............ 24-hr rolling average.

Absorbers of Nitric Acid Production

Units.

2.0 lb/ton of acid produced ............ 24-hr rolling average.

Reciprocating Internal Combustion

Engines.

3.0 gram/hp-hr ............................... Natural gas, lean burn, stationary, capacity ≥ 150 hp in H/GA, capacity ≥300 hp in B/PA or D/FW. Also includes a 3.0 gram/hp-hr limit

for CO.

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64151

5. What Are the NOX Emissions

Specifications of the April 30, 2000, SIP

Revision for the Particular Source

Categories in the B/PA Area?

The following table contains a

summary of the type of affected sources,

their corresponding emission limit, and

relevant applicability information for

the major stationary point source

categories that Texas has developed for

attainment demonstration purposes, for

the B/PA ozone nonattainment area.

The NOX emission specifications that

Texas has submitted to us, for

attainment demonstration purposes for

the B/PA area, are more stringent than

the Texas NOX SIP’s RACT emission

specifications in the B/PA area. We are

approving these rules under part D of

the Act because the State relies upon

them for demonstrating attainment of

the 1-hour ozone standard in the B/PA

area.

TABLE IV.—SUMMARY OF THE TEXAS’ NOX EMISSION SPECIFICATIONS FOR ATTAINMENT DEMONSTRATION IN THE B/PA

AREA

Source NOX limit Additional Information

Utility Boilers ................................ 0.10 lb/MMBtu heat input ............ Daily average basis from any utility boiler. Unless provided in sections

117.108 or 117.570. Includes a 400 ppmv of CO limit at 3% oxygen

dry basis (or 0.30 lb CO/MMBtu heat imput as alternate). Also 10

ppmv of ammonia limit on a one-hour averaging period.

Non-Utility Boilers ........................ 0.10 lb/MMBtu heat input ............ Natural gas, maximum rated heat capacity of 40 MMBtu/Hr or more.

Rolling 30-day average period or one-hour average. Includes a 400

ppmv of CO limit at 3% oxygen dry basis. Also a 5 ppmv of ammonia

limit on a one-hour averaging period.

Process Heaters .......................... 0.08 lb/MMBtu heat input ............ Natural gas, maximum rated heat capacity of 40 MMBtu/Hr or more. Includes a 400 ppmv of CO limit at 3% oxygen dry basis. Also 5 ppmv

of ammonia limit on a one-hour averaging period.

We are also approving under section

110 of the Act, the emissions

specifications for Carbon monoxide

(CO) and ammonia on the basis that

these emission specifications/

parameters will strengthen the existing

Texas SIP.

6. What Are Nitrogen Oxides?

Nitrogen oxides belong to the group of

criteria air pollutants. The NOX result

from burning fuels, including gasoline

and coal. Nitrogen oxides react with

volatile organic compounds (VOC) to

form ozone or smog, and are also major

components of acid rain.

7. What Is a Nonattainment Area?

A nonattainment area is a geographic

area in which the level of a criteria air

pollutant is higher than the level

allowed by Federal standards. A single

geographic area may have acceptable

levels of one criteria air pollutant but

unacceptable levels of one or more other

criteria air pollutants; thus, a geographic

area can be attainment for one criteria

pollutant and nonattainment for another

criteria pollutant at the same time.

8. What Are the Clean Air Act’s

Requirements for Controlling NOX

Emissions?

Section 182(b)(2) requires States, with

areas classified as moderate ozone

nonattainment, to implement RACT

with respect to all major sources of

VOCs. Section 182(f) states that, ‘‘the

plan provisions required under this

subpart for major stationary sources of

VOCs shall also apply to major

stationary sources (as defined in section

302 and subsections (c), (d), and (e) of

the section) of oxides of nitrogen.’’ This

NOX RACT requirement also applies to

all major sources in ozone

nonattainment areas with higher than

moderate nonattainment classifications.

On November 25, 1992 (57 FR 55620),

we published a document of proposed

rulemaking entitled ‘‘State

Implementation Plans; Nitrogen Oxides

Supplement to the General Preamble;

Clean Air Act Amendments of 1990

Implementation of Title I; Proposed

Rule,’’ (the NOX Supplement). The NOX

Supplement describes and provides

preliminary guidance on the

requirements of section 182(f) of the

Act. You should refer to the NOX

supplement for further information on

the NOX requirements. The EPA’s

mandatory Economic Incentive Program

(EIP) rules for criteria pollutants appear

in 40 CFR part 51, Subpart U (59 FR

16710). The EPA’s discretionary EIP

guidelines concerning emission trading

appear in the 1994 EIP guidance

document (59 FR 16690). In addition,

other EPA guidance memoranda, such

as those included in the ‘‘NOX Policy

Document for the Clean Air Act of

1990,’’ (EPA–452/R96–005, March

1996), could provide you with more

information about NOX requirements.

Section 182(b)(2) requires submittal of

RACT rules for major stationary sources

of VOC (and NOX) emissions not

covered by either a pre- or postenactment Control Techniques

Guideline (CTG) document. There were

no NOX CTGs issued before enactment

and we have not issued a CTG

document for any NOX sources since

enactment of the Act. However, we

published Alternative Control

Technique (ACT) documents for several

industrial categories. States can use the

information contained in the ACTs to

develop their NOX RACT rules.

Furthermore, NOX emissions beyond

RACT may be needed in a

nonattainment area in order for that area

to demonstrate attainment. Section

182(c)(2)(A) and section 172(c) require

that the SIP include control measures,

means, or techniques, as may be

necessary or appropriate, to provide for

attainment of the standard. Section

181(a)(1) requires that each area attain

the ozone standard as expeditiously as

practicable.

9. What Are Definitions of Major

Sources for NOX?

Section 302 of the Act generally

defines ‘‘major stationary source’’ as a

facility or source of air pollution which

emits, when uncontrolled, 100 tpy or

more of air pollution. This general

definition applies unless another

specific provision of the Act explicitly

defines major source differently.

Therefore, for NOX, a major source is

one which emits, when uncontrolled,

100 tpy or more of NOX in marginal and

moderate areas. According to section

182(c) of the Act, a major source in a

serious nonattainment area is a source

that emits, when uncontrolled, 50 tpy or

more of NOX.

According to section 182(d) of the

Act, a major source in a severe

nonattainment area is a source that

emits, when uncontrolled, 25 tpy or

more of NOX.

The H/GA area is a severe ozone

nonattainment area, so the major source

64152 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

size for the H/GA area is 25 tpy or more,

when uncontrolled. The B/PA area is a

moderate ozone nonattainment area, so

the major source size for the B/PA area

is 100 tpy or more, when uncontrolled.

The D/FW area is a serious ozone

nonattainment area, so the major source

size for the D/FW area is 50 tpy or more,

when uncontrolled.

10. What Is a State Implementation

Plan?

Section 110 of the Act requires states

to develop air pollution regulations and

control strategies to ensure that state air

quality meets the National Ambient Air

Quality Standards (NAAQS) that EPA

has established. Under section 109 of

the Act, EPA established the NAAQS to

protect public health. The NAAQS

address six criteria pollutants. These

criteria pollutants are: carbon

monoxide, nitrogen dioxide, ozone,

lead, particulate matter, and sulfur

dioxide.

Each state must submit these

regulations and control strategies to us

for approval and incorporation into the

federally enforceable SIP. Each state has

a SIP designed to protect air quality.

These SIPs can be extensive, containing

state regulations or other enforceable

documents and supporting information

such as emission inventories,

monitoring networks, and modeling

demonstrations.

11. What Is the Federal Approval

Process for a SIP?

When a state wants to incorporate its

regulations into the federally

enforceable SIP, the state must formally

adopt the regulations and control

strategies consistent with state and

Federal requirements. This process

includes a public notice, a public

hearing, a public comment period, and

a formal adoption by a state-authorized

rulemaking body.

Once a state adopts a rule, regulation,

or control strategy, the state may submit

the adopted provisions to us and request

that we include these provisions in the

federally enforceable SIP. We must then

decide on an appropriate Federal action,

provide public notice on this action,

and seek additional public comment

regarding this action. If we receive

adverse comments, we must address

them prior to a final action.

Under section 110 of the Act, when

we approve all state regulations and

supporting information, those state

regulations and supporting information

become a part of the federally approved

SIP. You can find records of these SIP

actions in the Code of Federal

Regulations (CFR) at Title 40, part 52,

entitled ‘‘Approval and Promulgation of

Implementation Plans.’’ The actual state

regulations that we approved are not

reproduced in their entirety in the CFR

but are ‘‘incorporated by reference,’’

which means that we have approved a

given state regulation with a specific

effective date.

12. What Does Federal Approval of a

SIP Mean to Me?

A state may enforce state regulations

before and after we incorporate those

regulations into a federally approved

SIP. After we incorporate those

regulations into a federally approved

SIP, both EPA and the public may also

take enforcement action against

violators of these regulations.

13. What Areas in Texas Will This

Action Affect?

The rule revisions concerning major

stationary sources that we are approving

today affect the B/PA ozone

nonattainment areas. The B/PA area

includes the following counties: Hardin,

Jefferson, and Orange. If you are in one

of these counties, you should refer to

the Texas NOX rules to determine if and

how today’s action will affect you. The

Texas Water Heater Rule that we are

approving today affects the entire state

of Texas. The administrative revisions

that we are approving today should

have no substantive effect upon the B/

PA, H/GA, and D/FW ozone

nonattainment areas. To find out about

the effect of today’s action approving

the two Orders, see sections 14 and 15,

below.

14. What Does the Agreed Order

Between the TNRCC and Aloca, Inc.,

Require?

The former name of Alcoa, Inc., was

Aluminum Company of America (the

Company). Alcoa, is a producer of

primary aluminum, fabricated

aluminum, and alumina. The Company

is near Rockdale, Milam County, Texas.

The TNRCC and the Company have

entered into this enforceable agreement

to limit emissions of NOX from this

operation because the State is relying

upon these NOX reductions to

demonstrate attainment of the 1-hour

ozone standard in the B/PA, D/FW, and

H/GA areas, and for continued

maintenance of the standard in the

eastern half of the State and as a

strengthening of the existing Texas SIP.

The Agreed Order number is 2000–

0032–SIP and has 21 stipulations. The

TNRCC passed and approved this

Agreed Order on April 19, 2000. As a

result of this agreement the Company

will have to reduce its NOX emissions

by a factor of 30%, calculated as a

reduction of 5,838.2 tpy. The baseline

for this calculated reduction is the

TNRCC’s 1997 Emission Inventory. The

maximum allowable NOX emissions

from Alcoa under the Order is 13,622.4

tpy. Furthermore, no later than

December 31, 2002, each boiler has a

NOX emissions limit of 1,168.0 pound

per hour (lb/hr) and 5,115.8 tpy

(stipulation number 10). We have

included the supporting calculations for

this Agreed Order with our TSD dated

September 2000.

15. What Does the Agreed Order

Between the TNRCC and Eastman

Chemical Company, Texas Operations

Require?

The Eastman Chemical Company,

Texas Operations (the Company) owns

and operates a chemical and plastics

manufacturing plant at Highway 149,

Kodak Boulevard, Longview, Harrison

County, Texas. The TNRCC and the

Company have entered into this

enforceable agreement to limit

emissions of NOX and VOC from this

operation because the State is relying

upon these reductions to demonstrate

attainment of the 1-hour ozone standard

in the H/GA, D/FW, and B/PA areas,

and to show continued maintenance of

the standard in the eastern half of the

State and as a strengthening of the

existing Texas SIP.

The Agreed Order number is 2000–

0033–SIP and has 29 stipulations. The

TNRCC passed and approved this

Agreed Order on April 19, 2000. As a

result of this agreement the Company

will have to reduce its NOX emissions

by 1671.5 tpy and its VOC emissions by

386 tpy. The baseline for calculating the

reductions is the TNRCC’s 1997

Emission Inventory. The maximum

allowable NOX and VOC emissions are

5,868 and 3,706 tpy, respectively. We

have included the supporting

calculations for this Agreed Order with

our TSD dated September 2000.

Final Action

The EPA is publishing this rule

without prior proposal because we view

this as a noncontroversial amendment

and anticipate no adverse comments.

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register

publication, we are publishing a

separate document that will serve as the

proposal to approve the SIP revision if

adverse comments are received. This

rule will be effective on December 26,

2000, without further notice unless we

receive adverse comment by November

27, 2000. If EPA receives 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

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64153

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 at

this time.

Administrative Requirements

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. This

action merely approves state law as

meeting federal requirements and

imposes no additional 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 preexisting 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). For

the same reason, this rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

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), because it 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 (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 that 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. The rule does

not involve special consideration of

environmental justice related issues as

required by Executive Order 12898 (59

FR 7629, February 16, 1994). As

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996),

in issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order. 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. section 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. section 804(2). This

rule will be effective December 26, 2000

unless EPA receives adverse written

comments by November 27, 2000.

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 December 26,

2000. 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) of the Act.)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon Monoxide,

Hydrocarbons, Nitrogen dioxide,

Nitrogen oxides, Ozone, and Reporting

and recordkeeping requirements.

Dated: October 3, 2000.

Myron O. Knudson,

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 § 52.2270 the table in paragraph

(c) is amended under Chapter 117 by:

a. Revising that section of the table

entitled ‘‘Subchapter B: Division 1—

Utility Electric Generation’’;

b. Revising that section of the table

entitled ‘‘Division 2—Commercial,

Institutional and Industrial Sources’’;

c. Revising the entries for sections

117.510, 117.520, 117.570, and 117.601.

d. Adding entries for new sections

117.460, 117.461, 117.463, 117.465,

117.467, and 117.469.

e. Revising the heading immediately

above the entry for section 117.510 to

read ‘‘Subchapter E—Administrative

Provisions.’’

f. Revising the heading immediately

above the entry for section 117.601 to

read ‘‘Subchapter F—Gas-Fired Steam

Generation.’’

g. Adding a new heading immediately

above the entry for section 117.460 to

read ‘‘Subchapter D—Water Heaters,

Small Boilers, and Process Heaters.’’

h. Adding a paragraph (d).

The revisions and additions, read as

follows:

§ 52.2270 Identification of plan.

* * * * *

(c) * * *

64154 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

EPA APPROVED REGULATIONS IN THE TEXAS SIP

State citation Title/subject

State

submittal/

approval

date

EPA approval date Explanation

*******

Chapter 117 (Reg 7)—Control of Air Pollution From Nitrogen Compounds

Subchapter A

*******

Subchapter B

Division 1—Utility Electric Generation

Section 117.101 Applicability ................................... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.103 ..... Exemptions ................................... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.104 ..... Gas-fired Steam Generation ........ 04/19/2000 [Insert publication date and Federal Register cite].New, B/PA attainment plan.

Section 117.105 ..... Emission Specifications ................ 02/24/1999

04/19/2000

[Insert publication date and Federal Register cite].(h) and (j) added for B/PA area.

Section 117.106 ..... Emission Specifications for Attainment Demonstrations.04/19/2000 [Insert publication date and Federal Register cite].

New, B/PA attainment plan.

Section 117.107 ..... Alternative System-Wide Emission

Specifications.

04/19/2000 [Insert publication date and Federal Register cite].

Section 117.108 ..... System Cap .................................. 04/19/2000 [Insert publication date and Federal Register cite].New, B/PA attainment plan, EPA

must approve decisions under

(j).

Section 117.109 ..... Initial Control Plan Procedures ..... 02/24/1999

04/19/2000

[Insert publication date and Federal Register cite].Repealed for B/PA area only.

Section 117.111 ..... Initial Demonstration of Compliance.04/19/2000 [Insert publication date and Federal Register cite].

Section 117.113 ..... Continuous Demonstration of

Compliance.

04/19/2000 [Insert publication date and Federal Register cite].

Section 117.115 ..... Final Control Plan Procedures ..... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.116 ..... Final Control Plan Procedures for

Attainment Demonstration

Emission Specifications.

04/19/2000 [Insert publication date and Federal Register cite].New, B/PA attainment plan.

Section 117.117 ..... Revision of Final Control Plan ...... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.119 ..... Notification, Recordkeeping, and

Reporting Requirements.

04/19/2000 [Insert publication date and Federal Register cite].

Section 117.121 ..... Alternative Case Specific Specifications.04/19/2000 [Insert publication date and Federal Register cite].

Division 2—Commercial, Institutional, and Industrial Sources

Section 117.201 ..... Applicability ................................... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.203 ..... Exemptions ................................... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.205 ..... Emission Specifications for Reasonably Available Control Technology.04/19/2000 [Insert publication date and Federal Register cite].

(d)(2) and (e) for B/PA or D/FW.

Section 117.206 ..... Emission Specifications for Attainment Demonstrations.04/19/2000 [Insert publication date and Federal Register cite].New, B/PA attainment plan only.

Section 117.207 ..... Alternative Plant-Wide Emission

Specifications.

04/19/2000 [Insert publication date and Federal Register cite].

Section 117.208 ..... Operating Requirements .............. 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.209 ..... Initial Control Plan Procedures ..... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.211 ..... Initial Demonstration of Compliance.04/19/2000 [Insert publication date and Federal Register cite].

Section 117.213 ..... Continuous Demonstration of

Compliance.

04/19/2000 [Insert publication date and Federal Register cite].

Section 117.215 ..... Final Control Plan Procedures for

Reasonably Available Control

Technology.

04/19/2000 [Insert publication date and Federal Register cite].

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64155

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State citation Title/subject

State

submittal/

approval

date

EPA approval date Explanation

Section 117.216 ..... Final Control Plan Procedures for

Attainment Demonstration

Emission Specifications.

04/19/2000 [Insert publication date and Federal Register cite].New, B/PA attainment plan.

Section 117.217 ..... Revision of Final Control Plan ...... 04/19/2000 [Insert publication date and Federal Register cite].

Section 117.219 ..... Notification, Recordkeeping, and

Reporting Requirements.

04/19/2000 [Insert publication date and Federal Register cite].

Section 117.221 ..... Alternative Case Specific Specifications.04/19/2000 [Insert publication date and Federal Register cite].

Section 117.223 ..... Source Cap .................................. 10/27/1999

04/19/2000

[Insert publication date and Federal Register cite].(b)(B) requires EPA’s approval.

*******

Subchapter D

Water Heaters, Small Boilers, and Process Heaters

Section 117.460 ..... Definitions ..................................... 04/19/2000 [Insert publication date and Federal Register cite].New, State-wide.

Section 117.461 ..... Applicability ................................... 04/19/2000 [Insert publication date and Federal Register cite].New, State-wide.

Section 117.463 ..... Exemptions ................................... 04/19/2000 [Insert publication date and Federal Register cite].

New, State-wide.

Section 117.465 ..... Emission Specifications ................ 04/19/2000 [Insert publication date and Federal Register cite].New, State-wide.

Section 117.467 ..... Certification Requirements ........... 04/19/2000 [Insert publication date and Federal Register cite].New, State-wide.

Section 117.469 ..... Notification and Labeling Requirements.04/19/2000 [Insert publication date and Federal Register cite].New, State-wide.

*******

Subchapter E

Administrative Provisions

Section 117.510 ..... Compliance Schedule for Utility

Elecric Generation.

04/19/2000 [Insert publication date and Federal Register cite].(a), and (a)(2) for B/PA area only.

Section 117.520 ..... Compliance Schedule for Industrial, Commercial and Institutional Combustion Sources in

Ozone Nonattainment Areas.

04/19/2000 [Insert publication date and Federal Register cite].(a), (a)(2), and (a)(3) for B/PA

area only.

*******

Section 117.570 ..... Trading ......................................... 10/27/1999

04/19/2000

[Insert publication date and Federal Register cite].(1)(A)(ii) for B/PA area only.

Subchapter F

Gas-Fired Steam Generation

Section 117.601 ..... Gas-Fired Steam Generation ....... 02/24/1999

04/19/2000

[Insert publication date and Federal Register cite].Repealed for B/PA area only.

*******

(d) EPA-approved State Source Specific Requirements.

EPA APPROVED TEXAS SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No.

State

approval/

submittal

date

EPA approval date Explanation

Alcoa Inc., Rockdale, Milam County,

Texas.

Agreed Order No. 2000–

0032–SIP.

04/19/2000 [Insert publication date

and Federal Register

cite].

H/GA, D/FW, and B/PA, Texas 1-

hour ozone standard attainment

demonstrations.

64156 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

EPA APPROVED TEXAS SOURCE-SPECIFIC REQUIREMENTS—Continued

Name of source Permit No.

State

approval/

submittal

date

EPA approval date Explanation

Eastman Chemical Company, Texas

Operations, Longview, Harrison

County, Texas.

Agreed Order No. 2000–

0033–SIP.

04/19/2000 [Insert publication date

and Federal Register

cite].

H/GA, D/FW, and B/PA, Texas 1-

hour ozone standard attainment

demonstrations.

[FR Doc. 00–27029 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO 108–1108; FRL–6890–3]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving an

amendment to the Missouri State

Implementation Plan (SIP) pertaining to

a revision to a St. Louis city ordinance

and to a revision and revocation of three

St. Louis city issued incinerator permits.

The effect of this action is to ensure

Federal enforceability of the local

agency’s air program rules and to

maintain consistency between the local

agency adopted rules and the approved

SIP.

DATES: This rule is effective on

December 26, 2000, without further

notice, unless EPA receives adverse

written comment by November 27,

2000. If EPA receives such comments, it

will publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments must be

submitted to Wayne Kaiser, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

Copies of documents relative to this

action are available for public

inspection during normal business

hours at the above listed Region 7

location. The interested persons

wanting to examine these documents

should make an appointment with the

office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION:

Throughout this document whenever

‘‘we, us, or our’’ is used, we mean EPA.

This section provides additional

information by addressing the following

questions:

What Is a SIP?

What Is the Federal Approval Process for a

SIP?

What Does Federal Approval of a State

Regulation Mean to Me?

What Is Being Addressed in This Document?

Have the Requirements for Approval of a SIP

Revision Been Met?

What Action Is EPA Taking?

What Is a SIP?

Section 110 of the Clean Air Act

(CAA) requires states to develop air

pollution regulations and control

strategies to ensure that state air quality

meets the national ambient air quality

standards established by EPA. These

ambient standards are established under

section 109 of the CAA, and they

currently address six criteria pollutants.

These pollutants are: Carbon monoxide,

nitrogen dioxide, ozone, lead,

particulate matter, and sulfur dioxide.

Each state must submit these

regulations and control strategies to EPA

for approval and incorporation into the

Federally enforceable SIP.

Each Federally approved SIP protects

air quality primarily by addressing air

pollution at its point of origin. These

SIPs can be extensive, containing state

regulations or other enforceable

documents and supporting information

such as emission inventories,

monitoring networks, and modeling

demonstrations.

What Is the Federal Approval Process

for a SIP?

In order for state regulations to be

incorporated into the Federally

enforceable SIP, states must formally

adopt the regulations and control

strategies consistent with state and

Federal requirements. This process

generally includes a public notice,

public hearing, public comment period,

and a formal adoption by a stateauthorized rulemaking body.

Once a state rule, regulation, or

control strategy is adopted, the state

submits it to us for inclusion into the

SIP. We must provide public notice and

seek additional public comment

regarding the proposed Federal action

on the state submission. If adverse

comments are received, they must be

addressed prior to any final Federal

action by us.

All state regulations and supporting

information approved by EPA under

section 110 of the CAA are incorporated

into the Federally approved SIP.

Records of such SIP actions are

maintained in the Code of Federal

Regulations (CFR) at Title 40, part 52,

entitled ‘‘Approval and Promulgation of

Implementation Plans.’’ The actual state

regulations which are approved are not

reproduced in their entirety in the CFR

outright but are ‘‘incorporated by

reference,’’ which means that we have

approved a given state regulation with

a specific effective date.

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 responsibility. However, after the

regulation is Federally approved, we are

authorized to take enforcement action

against violators. Citizens are also

offered legal recourse to address

violations as described in section 304 of

the CAA.

What Is Being Addressed in This

Document?

On May 22, 2000, we received a

request from the Missouri Department of

Natural Resources (MDNR) to amend the

SIP to approve revisions to a St. Louis

city ordinance and incinerator permits.

On April 22, 1998, (63 FR 19823) EPA

approved a revision to the Missouri SIP

which incorporated two sections of St.

Louis City air pollution control

Ordinance No. 59270. These two

sections pertained to open burning

restrictions and related definitions. In

the same action, EPA also approved

three medical waste incinerator permits

issued by the city of St. Louis.

In 1999, the city updated the

provisions of this Ordinance by

adopting replacement Ordinance No.

64749. A few of the revisions in the new

Ordinance pertained to the SIPapproved sections mentioned above.

SIP-approved revisions in the new

Ordinance consist of renumbering of the

definitions and the addition of a