[Federal Register Volume 65, Number 211 (Tuesday, October 31, 2000)]
[Proposed Rules]
[Pages 64914-64919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27925]


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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 ( NO<INF>X</INF>) 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 
NO<INF>X</INF> 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 
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> emissions specifications in 
the Texas SIP?
6. What are NO<INF>X</INF>?
7. What is a nonattainment area?
8. What are definitions of major sources for NO<INF>X</INF>?
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 
NO<INF>X</INF> 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 NO<INF>X</INF> 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

[[Page 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 SIP-approved 
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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 
NO<INF>X</INF> 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 NO<INF>X</INF> point source rule 
revisions under part D of the Act because Texas is relying on these 
NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> Emission Specifications for Utility Power Boilers and Gas Turbines in East
                                                and Central Texas
----------------------------------------------------------------------------------------------------------------
                 Source                    NO<INF>X</INF> 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 NO<INF>X</INF> 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       May 1, 2003.
 utilities and subject to TUC 39.263(b).
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 NO<INF>X</INF> 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 NO<INF>X</INF> 
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 NO<INF>X</INF> 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.

[[Page 64916]]



            Table III.--Affected Sources, Locations, and NO<INF>X</INF> Emission Specifications for Cement Kilns
----------------------------------------------------------------------------------------------------------------
                Source                                 County                     NO<INF>X</INF> 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 preheater-precalciner    Bexar, Comal, Hays, McLennan, Ellis  2.8 lb/ton of clinker produced.
 kiln.
----------------------------------------------------------------------------------------------------------------


  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,      May 1, 2005.
 McLennan Counties.
------------------------------------------------------------------------

    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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 
NO<INF>X</INF> 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 NO<INF>X</INF> 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 <gr-thn-eq>40 MMBtu, non-  30 ppmv NO<INF>X</INF> at 3% O2 dry basis...  D/FW
 utility boilers.
Utility boilers--part of a large system in   0.033 lb NO<INF>X</INF>/MMBtu...............  D/FW
 D/FW.
Utility boilers--part of a small system in   0.06 lb NO<INF>X</INF>/MMBtu................  D/FW
 D/FW.
Lean burn stationary engine <gr-thn-eq>300   2.0 g NO<INF>X</INF>/hp-hr..................  D/FW
 hp gas fired and gas/liquid-fired engines.
Lean burn stationary engine <gr-thn-eq>300   3.0 g CO/hp-hr...................  D/FW
 hp gas fired and gas/liquid-fired engines.
Boiler or process heater <gr-thn-eq>40       400 ppmv CO at 3% O2 dry basis...  D/FW
 MMBtu.
Boiler or process heater <gr-thn-eq>40       5 ppmv ammonia on a one-hour       D/FW
 MMBtu.                                       averaging basis.
----------------------------------------------------------------------------------------------------------------

    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\ NO<INF>X</INF> emission reductions.............  No later than May 1, 2003.
All NO<INF>X</INF> reductions........................  No later than May 1, 2005.
------------------------------------------------------------------------


[[Page 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\ NO<INF>X</INF> emission reductions.............  No later than May 1, 2003.
All NO<INF>X</INF> 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 
NO<INF>X</INF> 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 NO<INF>X</INF> control measures to demonstrate 
attainment of the 1-hour ozone standard in the D/FW nonattainment area.

5. What Are the EAxisting NO<INF>X</INF> 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 NO<INF>X</INF> sources in the existing 
Texas SIP-approved 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                            NO<INF>X</INF> 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  @ 15% 02, natural gas, <gr-thn-eq>30 Mega
                                           dry (ppmvd) basis.           Watt (mW) annual electric output <gr-thn-
                                                                        eq>2500 hour  x  mW rating.
Stationary Gas Turbines.................  65 parts per million volume  @ 15% O2, fuel oil.
                                           dry (ppmvd).
Stationary Gas Turbines.................  0.20 lb/MMBtu..............  Natural gas, peaking units, annual
                                                                        electric output 2500 hour  x  mW rating.
Stationary Gas Turbines.................  0.30 lb/MMBtu..............  Fuel oil, peaking units, annual electric
                                                                        output 2500 hour  x  mW rating.
Non-utility Boilers.....................  0.10 lb/MMBtu..............  Natural gas, low heat release and T200
                                                                        deg.F, capacity<gr-thn-eq>100 MMBtu/hr.
Non-utility Boilers.....................  0.15 lb/MMBtu..............  Natural gas, low heat release, preheated
                                                                        air 200<ls-thn-eq>T 400  deg.F,
                                                                        capacity<gr-thn-eq>100 MMBtu/hr.
Non-utility Boilers.....................  0.20 lb/MMBtu..............  Natural gas, low heat release, preheated
                                                                        air T<gr-thn-eq>400  deg.F, capacity<gr-
                                                                        thn-eq>100 MMBtu/hr.
Non-utility Boilers.....................  0.20 lb/MMBtu..............  Natural gas, high heat release, without
                                                                        air or preheated air T250  deg.F,
                                                                        capacity<gr-thn-eq>100 MMBtu/hr.
Non-utility Boilers.....................  0.24 lb/MMBtu..............  Natural gas, high heat release, preheated
                                                                        air 250<ls-thn-eq>T500  deg.F,
                                                                        capacity<gr-thn-eq>100 MMBtu/hr.
Non-utility Boilers.....................  0.28 lb/MMBtu..............  Natural gas, high heat release, preheated
                                                                        air T<gr-thn-eq>500  deg.F, capacity<gr-
                                                                        thn-eq>100 MMBtu/hr.
Process Heaters.........................  0.10 lb/MMBtu..............  Natural gas, preheated air T200  deg.F,
                                                                        capacity<gr-thn-eq>100 MMBtu/hr.
Process Heaters.........................  0.13 lb/MMBtu..............  Natural gas, preheated air 200<ls-thn-
                                                                        eq>T400  deg.F, capacity<gr-thn-eq>100
                                                                        MMBtu/hr.
Process Heaters.........................  0.18 lb/MMBtu..............  Natural gas, low heat release, preheated
                                                                        air T<gr-thn-eq>400  deg.F, capacity<gr-
                                                                        thn-eq>100 MMBtu/hr.
Process Heaters.........................  0.10 lb/MMBtu..............  Natural gas, firebox T1400  deg.F,
                                                                        capacity<gr-thn-eq>100 MMBtu/hr.
Process Heaters.........................  0.125 lb/MMBtu.............  Natural gas, firebox 1400<ls-thn-eq>T1800
                                                                         deg.F, capacity<gr-thn-eq>100 MMBtu/hr.
Process Heaters.........................  0.15 lb/MMBtu..............  Natural gas, firebox T<gr-thn-eq>1800
                                                                        deg.F, capacity<gr-thn-eq>100 MMBtu/hr.
Process Heaters Non-utility and Boilers.  0.30 lb/MMBtu..............  Liquid fuel, capacity<gr-thn-eq>100 MMBtu/
                                                                        hr.
Process Heaters and Non-utility Boilers.  0.30 lb/MMBtu..............  Wood fuel, capacity<gr-thn-eq>100 MMBtu/
                                                                        hr.
Stationary Gas Turbines.................  42 parts per million volume  @ 15% O2, rating<gr-thn-eq>10 mW.
                                           dry (ppmvd) basis.
Reciprocating Internal Combustion         2.0 gram/hp-hr.............  Natural gas, rich burn, stationary,
 Engines.                                                               capacity<gr-thn-eq>150 hp in H/GA,
                                                                        capacity <gr-thn-eq>300 hp in B/PA.
Absorbers of Adipic Acid Production       2.5 lb/ton of acid produced  24-hr rolling average.
 Units.
Absorbers of Nitric Acid Production       2.0 lb/ton of acid produced  24-hr rolling average.
 Units.

[[Page 64918]]

 
Reciprocating Internal Combustion         3.0 gram/hp-hr.............  Natural gas, lean burn, stationary,
 Engines.                                                               capacity<gr-thn-eq>150 hp in H/GA,
                                                                        capacity<gr-thn-eq>300 hp in B/PA or D/
                                                                        FW. Also includes a 3.0 gram/hp-hr limit
                                                                        for CO.
----------------------------------------------------------------------------------------------------------------

6. What Are NO<INF>X</INF>?

    Nitrogen oxides belong to the group of criteria air pollutants. The 
NO<INF>X</INF> 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 NO<INF>X</INF>?

    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 
NO<INF>X</INF>, a major source is one which emits, when uncontrolled, 
100 tpy or more of NO<INF>X</INF> 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 
NO<INF>X</INF>. 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 NO<INF>X</INF>. 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 NO<INF>X</INF> SIP
----------------------------------------------------------------------------------------------------------------
              Rule log No.                       Rule revision                       Affected areas
----------------------------------------------------------------------------------------------------------------
1999-046-117-AI.........................  Electric generating          Atascosa, Bastrop, Bexar, Brazos,
                                           facilities (East and         Brazoria, Chambers, Cherokee, Calhoun,
                                           Central Texas).              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.

[[Page 64919]]

 
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 NO<INF>X</INF> 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]
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