64914 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 925

Intergovernmental relations, Surface

mining, Underground mining.

Dated: October 24, 2000.

Malcolm Ahrens,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 00–27919 Filed 10–30–00; 8:45 am]

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–119–2–7472; FRL–6893–5]

Approval and Promulgation of

Implementation Plans; Texas; Electric

Generating Facilities; Cement Kilns;

and Major Stationary Sources of

Nitrogen Oxides for the Dallas/Fort

Worth Ozone Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed approval.

SUMMARY: The EPA is proposing

approval of rules into the Texas State

Implementation Plan (SIP). This

rulemaking covers three separate

actions.

First, we are proposing to approve

revisions to the Texas Nitrogen Oxides

( NOX) rules for electric generating

facilities in East and Central Texas.

These new limits for electric generating

facilities in East and Central Texas will

contribute to attainment of the 1-hour

ozone National Ambient Air Quality

Standard (NAAQS) in the Houston/

Galveston (H/GA), Dallas/Fort Worth

(D/FW), and Beaumont/Port Arthur (B/

PA) 1-hour ozone nonattainment areas.

They will also contribute to continued

maintenance of the standard in the

eastern half of Texas and will strengthen

the existing Texas SIP.

Second, we are proposing to approve

revisions to the Texas NOX rules for

cement kilns in East and Central Texas.

These rule revisions will contribute to

attainment of the 1-hour ozone standard

in the D/FW area, will contribute to

continued maintenance of the standard

in the eastern half of the State of Texas,

and will strengthen the existing Texas

SIP.

Third, we are proposing to approve

revisions to the Texas NOX rules for

major stationary sources in the D/FW 1-

hour ozone nonattainment area. These

new limits for stationary sources will

contribute to attainment of the 1-hour

ozone standard in the D/FW

nonattainment area.

The EPA is proposing approval of

these SIP revisions to regulate emissions

of NOX as meeting the requirements of

the Federal Clean Air Act (the Act).

DATES: Comments must be received on

or before November 30, 2000.

ADDRESSES: Your comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action including the Technical Support

Document, are available for public

inspection during normal business

hours at the above and following

locations. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite 700,

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.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. What are we proposing to approve?

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

for electric generating facilities in East

and Central Texas say?

3. What does the April 30, 2000, SIP revision

for cement kilns in East and Central

Texas say?

4. What does the April 30, 2000, SIP revision

for major stationary sources in the D/FW

area say?

5. What are the existing NOX emissions

specifications in the Texas SIP?

6. What are NOX?

7. What is a nonattainment area?

8. What are definitions of major sources for

NOX?

9. What is a State Implementation Plan?

10. What is the Federal approval process for

a SIP?

11. What does Federal approval of a SIP

mean to me?

12. What areas in Texas will this action

affect?

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

and ‘‘our’’ means EPA.

1. What Are We Proposing To Approve?

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 SIP for electric

generating facilities in East and Central

Texas. Texas submitted this revision to

us as a part of the attainment plans for

the D/FW, B/PA, and H/GA 1-hour

ozone nonattainment areas. The revision

also contributes to continued

maintenance of the standard in the

eastern half of the State of Texas, and it

is a strengthening of the existing Texas

SIP.

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 SIP for cement kilns

in East and Central Texas. Texas

submitted this revision to us as a part

of the NOX reductions needed for the

continued maintenance of the 1-hour

ozone standard in the eastern half of the

State and for the D/FW area to attain the

1-hour ozone standard, and as a

strengthening of the existing Texas SIP.

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 SIP for major

stationary sources operating in the D/

FW 1-hour ozone nonattainment area.

Texas submitted this revision to us as a

part of the NOX reductions needed for

the D/FW area to attain the 1-hour

ozone standard.

We are proposing three separate

actions:

(1) We are specifically proposing to

approve new sections 117.131

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules 64915

concerning Applicability, 117.133

concerning Exemptions, 117.134

concerning Gas Fired Steam Generation,

117.135 concerning Emission

Specification, 117.138 concerning

System Cap, 117.141 concerning Initial

Demonstration of Compliance, 117.143

concerning Continuous Demonstration

of Compliance, 117.145 concerning

Final Control Plan Procedures, 117.147

concerning Revision of Final Control

Plan, 117.149 concerning Notification,

Recordkeeping, and Reporting

Requirements, 117.512 concerning

Compliance Schedule for Utility Electric

Generation in East and Central Texas,

and a revision to the existing SIPapproved section 117.10 concerning

Definitions. We are proposing approval

of these rule revisions under part D of

the Act because Texas is relying on

these NOX reductions to demonstrate

attainment of the 1-hour ozone standard

in the H/GA, B/PA, and D/FW 1-hour

ozone nonattainment areas in the State

of Texas. We are also proposing

approval under sections 110 and 116 of

the Act because the State is relying

upon the NOX reductions to show

continued maintenance of the standard

in the eastern half of the State of Texas

and as a strengthening of the existing

Texas SIP;

(2) We are specifically proposing to

approve new sections 117.260

concerning Cement Kiln Definitions,

117.261 concerning Applicability,

117.265 concerning Emission

Specifications, 117.273 concerning

Continuous Demonstration of

Compliance, 117.279 concerning

Notification, Recordkeeping, and

Reporting Requirements, 117.283

concerning Source Cap, and 117.524

concerning Compliance Schedule for

Cement Kilns. We are proposing

approval of these cement kiln rule

revisions under part D of the Act

because Texas is relying on these NOX

reductions to demonstrate attainment of

the 1-hour ozone standard for the D/FW

1-hour ozone nonattainment area. We

are also proposing to approve these rule

revisions under sections 110 and 116

because they contribute to continued

maintenance of the standard in the

eastern half of the State and they

strengthen the existing Texas SIP; and

(3) We are specifically proposing to

approve 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 D/FW 1-hour ozone

nonattainment area, revisions to the

existing SIP-approved sections

117.101—117.121, 117.201—117.223,

117.510, 117.520, and 117.570 as they

relate to the D/FW 1-hour ozone

nonattainment area, and the repeal of

existing SIP-approved sections 117.109,

and 117.601 for the nonattainment

areas. We are proposing approval of

these D/FW NOX point source rule

revisions under part D of the Act

because Texas is relying on these NOX

control measures for major stationary

sources in the D/FW area to demonstrate

attainment of the 1-hour ozone standard

in the D/FW ozone nonattainment area.

2. What Does the April 30, 2000, SIP

Revision for Electric Generating

Facilities in East and Central Texas

Say?

This rule revision requires reductions

of NOX from electric utility power

boilers and gas turbines in East and

Central Texas. The following two tables

contain a summary of the April 30,

2000, SIP revision for electric generating

facilities and gas turbines in East and

Central Texas.

TABLE I.—AFFECTED SOURCES AND NOX EMISSION SPECIFICATIONS FOR UTILITY POWER BOILERS AND GAS TURBINES IN

EAST AND CENTRAL TEXAS

Source NOX emission specification Explanation

Electric power boilers ................................... 0.14 (lb/MMBtu) ......................... Gas fired, annual (calendar) average.

Electric power boilers ................................... 0.165 (lb/MMBtu) ....................... Coal fired, annual (calendar) average.

Stationary gas turbines ................................ 0.14 (lb/MMBtu) ......................... If subject to Texas Utility Commission (TUC), Section 39.264.

Stationary gas turbines ................................ 0.15 (lb/MMBtu) ......................... If not subject to TUC, Section 39.264, or 42 ppmv NOX adjusted

to 15% oxygen on a dry basis as an alternate specification. If

subject to Texas Senate Bill 7 of 1997, then 0.14 (lb/MMBtu).

We are of the opinion that these

emission specifications are in agreement

with those of the Ozone Transport

Assessment Group (OTAG). See 63 FR

49446, published on September 16,

1998.

TABLE II.—AFFECTED SOURCES AND

THEIR COMPLIANCE SCHEDULES FOR

UTILITY POWER BOILERS AND GAS

TURBINES IN EAST AND CENTRAL

TEXAS

Source Compliance

schedule

Electric generating units

owned by utilities and

subject to TUC 39.263(b).

May 1, 2003.

All other units ..................... May 1, 2005.

We are of the opinion that the above

listed compliance dates are as

expeditious as practicable compared

with the compliance dates for similar

sources in serious and severe ozone

nonattainment areas in the country.

We are proposing approval of the NOX

emission specifications and compliance

dates for electric generating facilities in

East and Central Texas as a part of the

Texas 1-hour ozone SIP under part D of

the Act because the State is relying on

the NOX control measures to

demonstrate attainment of the 1-hour

ozone standard in the H/GA, B/PA, and

D/FW ozone nonattainment areas in the

State of Texas. We are also proposing

approval of these rules under sections

110 and 116 because they contribute to

continued maintenance of the standard

in the eastern half of the State of Texas

and they strengthen the existing Texas

SIP.

3. What Does the April 30, 2000, SIP

Revision for Cement Kilns in East and

Central Texas Say?

This rule revision requires reductions

of NOX from cement kilns operating in

East and Central Texas. The following

two tables contain a summary of the

April 30, 2000, SIP revision for cement

kilns operating in East and Central

Texas.

64916 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

TABLE III.—AFFECTED SOURCES, LOCATIONS, AND NOX EMISSION SPECIFICATIONS FOR CEMENT KILNS

Source County NOX emission specification

Long wet kiln .............................. Bexar, Comal, Hays, McLennan .................................. 6.0 lb/ton of clinker produced.

Long wet kiln .............................. Ellis .............................................................................. 4.0 lb/ton of clinker produced.

Long dry kiln ............................... Bexar, Comal, Hays, McLennan, Ellis ......................... 5.1 lb/ton of clinker produced.

Preheater kiln ............................. Bexar, Comal, Hays, McLennan, Ellis ......................... 3.8 lb/ton of clinker produced.

Precalciner or preheaterprecalciner kiln.Bexar, Comal, Hays, McLennan, Ellis ......................... 2.8 lb/ton of clinker produced.

TABLE IV.—AFFECTED SOURCES AND

THEIR COMPLIANCE SCHEDULES FOR

CEMENT KILNS

Source Compliance

schedule

Cement kilns in Ellis County.May 1, 2003.

Cement kilns in Bexar,

Comal, Hays, McLennan

Counties.

May 1, 2005.

The proposed emission specifications

meet and are in agreement with those

found in our reference document EPA–

453/R–94–004 for cement plants. We are

of the opinion that the above listed

compliance dates are as expeditious as

practicable compared with the

compliance dates for similar sources in

serious and severe ozone nonattainment

areas in the country. We are proposing

approval of the NOX emission

specifications and compliance dates for

cement kilns as a part of the Texas 1-

hour ozone SIP under part D of the Act

because the State is relying on these

NOX control measures to demonstrate

attainment of the 1-hour ozone standard

in the D/FW area. We are also proposing

approval of these rules under sections

110 and 116 because they contribute to

continued maintenance of the standard

in the eastern half of the State of Texas

and they strengthen the existing Texas

SIP.

4. What Does the April 30, 2000, SIP

Revision for Major Stationary Sources

in the D/FW Area Say?

This rule revision requires reductions

in emissions of NOX from major

stationary sources operating in the

D/FW ozone nonattainment area. The

following three tables contain a

summary of the April 30, 2000, SIP

revision for major stationary sources

operating in the D/FW ozone

nonattainment area. The proposed

emission specifications, for the D/FW

area, listed in Table V are more stringent

than those Reasonably Available Control

Technology (RACT) emission

specifications found in Table VIII of this

document. We published approval of

the Texas NOX RACT emission

specifications in 65 FR 53172 on

September 1, 2000.

TABLE V.—AFFECTED SOURCES, EMISSION SPECIFICATIONS, AND LOCATIONS FOR MAJOR STATIONARY SOURCES IN THE

D/FW OZONE NONATTAINMENT AREA

Source Emission specification Location

Gas fired boilers ≥40 MMBtu, non-utility boilers ........................................... 30 ppmv NOX at 3% O2 dry basis ....................... D/FW

Utility boilers—part of a large system in D/FW ............................................. 0.033 lb NOX/MMBtu ............................................ D/FW

Utility boilers—part of a small system in D/FW ............................................. 0.06 lb NOX/MMBtu .............................................. D/FW

Lean burn stationary engine ≥300 hp gas fired and gas/liquid-fired engines 2.0 g NOX/hp-hr ................................................... D/FW

Lean burn stationary engine ≥300 hp gas fired and gas/liquid-fired engines 3.0 g CO/hp-hr ..................................................... D/FW

Boiler or process heater ≥40 MMBtu ............................................................ 400 ppmv CO at 3% O2 dry basis ....................... D/FW

Boiler or process heater ≥40 MMBtu ............................................................ 5 ppmv ammonia on a one-hour averaging basis D/FW

We are proposing to approve the

proposed rules under section 110 of the

Act on the basis that these rules will

strengthen the SIP.

TABLE VI.—AFFECTED SOURCES AND THEIR COMPLIANCE SCHEDULES FOR UTILITY ELECTRIC GENERATION UNITS IN D/

FW OZONE NONATTAINMENT AREA

Source type Compliance date

RACT ......................................................................................................................... No later than November 15, 1999. 2⁄3 NOX emission reductions ..................................................................................... No later than May 1, 2003.

All NOX reductions .................................................................................................... No later than May 1, 2005.

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules 64917

TABLE VII.—AFFECTED SOURCES AND

THEIR COMPLIANCE SCHEDULES FOR

INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL COMBUSTION SOURCES

IN D/FW OZONE NONATTAINMENT

AREA

Source type Compliance date

RACT ........................ No later than November 15, 1999.

Lean burn engines .... No later than November 15, 2001. 2⁄3 NOX emission reductions.

No later than May 1,

2003.

All NOX reductions

No later than May

1, 2005..

We are of the opinion that the above

listed compliance dates in the Tables VI

and VII are as expeditious as practicable

compared with the compliance dates of

similar sources in serious and severe

ozone nonattainment areas in the

country. We are proposing approval of

the NOX emission specifications and

compliance dates for the affected major

stationary sources in the D/FW area as

a part of the Texas 1-hour ozone SIP

under part D of the Act because the

State is relying on the NOX control

measures to demonstrate attainment of

the 1-hour ozone standard in the D/FW

nonattainment area.

5. What Are the EAxisting NOX

Emissions Specifications in the Texas

SIP?

The following table contains a

summary of the type of affected sources,

their corresponding emission limits, and

relevant applicability information for

NOX sources in the existing Texas SIPapproved rules. We have determined

that these emission specifications in the

existing Texas SIP-approved rules are

consistent with Federal guidelines, and

we approved them as meeting the RACT

requirements of the Act. See 65 FR

53172, published on September 1, 2000.

TABLE VIII.—SUMMARY OF THE TEXAS SIP-APPROVED 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% 02, 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 Non-utility and

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.

64918 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules

TABLE VIII.—SUMMARY OF THE TEXAS SIP-APPROVED RULES FOR SOURCES IN THE H/GA, B/PA, AND D/FW

NONATTAINMENT AREAS—Continued

Source NOX limit Additional information

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.

6. What Are NOX?

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 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 tons per

year (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. 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. 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. The D/FW area is a

serious ozone nonattainment area, so

the major source size for D/FW is 50 tpy

or more, when uncontrolled.

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 size for the H/GA area is 25 tpy

or more, when uncontrolled.

9. 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 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.

10. 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 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.

11. 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.

12. What Areas in Texas Will This

Action Affect?

The following table contains list of

affected counties and the rules revision

we are proposing to approve.

TABLE IX.—RULES LOG NUMBER, RULES REVISION, AND AFFECTED AREAS FOR TEXAS NOX SIP

Rule log No. Rule revision Affected areas

1999–046–117–AI ............................ Electric generating facilities (East

and Central Texas).

Atascosa, Bastrop, Bexar, Brazos, Brazoria, Chambers, Cherokee,

Calhoun, Collin, Dallas, Denton, Fannin, Fayette, Fort Bend, Freestone, Galveston, Goliad, Gregg, Grimes, Hardin, Harris, Harrison,

Henderson, Hood, Hunt, Jefferson, Lamar, Liberty, Limestone,

Marion, McLennan, Milam, Montgomery, Morris, Nueces, Orange,

Parker, Red River, Robertson, Rusk, Tarrant, Titus, Travis, Victoria, Waller, and Wharton counties.

1999–049–117–AI ............................ Cement kilns .................................. Bexar, Comal, Ellis, Hays, and McLennan counties.

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Proposed Rules 64919

TABLE IX.—RULES LOG NUMBER, RULES REVISION, AND AFFECTED AREAS FOR TEXAS NOX SIP—Continued

Rule log No. Rule revision Affected areas

1999–055D–117–AI ......................... Point sources in D/FW area .......... Collin, Dallas, Denton, and Tarrant counties.

If you are in one of these Texas

counties, you should refer to the Texas

NOX rules to determine if and how

today’s action will affect you.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This proposed 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

proposed 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 proposes to approve

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 (Public Law 104–4).

For the same reason, this proposed 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 proposed 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 proposed 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 proposed 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 proposed 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.

The 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 proposed 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.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide,

Nitrogen oxides, Nonattainment, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

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

Dated: October 16, 2000.

Gregg A. Cooke,

Regional Administrator, Region 6.

[FR Doc. 00–27925 Filed 10–30–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 435

[HCFA–2086–P]

RIN 0938–AK22

Medicaid Program; Change in

Application of Federal Financial

Participation Limits

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

change the current requirement that

limits on Federal Financial Participation

(FFP) must be applied before States use

less restrictive income methodologies

than those used by related cash

assistance programs in determining

eligibility for Medicaid.

This regulatory change is necessary

because the current regulatory

interpretation of how the FFP limits

apply to income methodologies under

section 1902 (r)(2) of the Social Security

Act (the Act) unnecessarily restricts

States’ ability to take advantage of the

authority to use less restrictive income

methodologies under that section of the

statute. While the enactment of section

1902(r)(2) of the Act could be read in

the limited manner embodied in current

regulations the statute does not require

such a reading, and subsequent State

experience with implementing section

1902(r)(2) calls into question the current

regulation’s approach.

DATES: We will consider comments if

we receive them at the appropriate

address, as provided below, no later

than 5 p.m. on November 30, 2000.

ADDRESSES: Mail written comments (1

original and 3 copies) to the following

address: Health Care Financing

Administration, Department of Health

and Human Services, Attention: HCFA–

2086–P, P.O. Box 8010, Baltimore, MD

21244–8010.

To ensure that mailed comments are

received in time for us to consider them,

please allow for possible delays in

delivering them.

If you prefer, you may deliver your

written comments (1 original and 3

copies) to one of the following

addresses: