[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Rules and Regulations]
[Pages 33146-33152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16270]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0005; FRL-8928-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revisions to the 1-Hour Ozone Plan for the Beaumont/Port Arthur 
Area: Control of Air Pollution From Volatile Organic Compounds, 
Nitrogen Compounds, and Reasonably Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving part of two Beaumont-Port Arthur (BPA) State 
Implementation Plan (SIP) revisions that were submitted separately by 
the State of Texas on October 15, 2005. The revisions being approved 
pertain to volatile organic compound (VOC) control requirements for 
batch processing and ship building and ship repair, and also to 
Reasonably Available Control Technology (RACT) requirements, for the 
Beaumont/Port Arthur (BPA) 1-hour ozone serious nonattainment area. In 
today's action, EPA is approving: The State's changes to the batch 
process rules and the shipbuilding and ship repair rules that lower the 
threshold for affected sources of VOC emissions to the serious area 
requirements of 50 tons per year (tpy),

[[Page 33147]]

and the State's demonstration that the BPA area meets RACT requirements 
for sources of VOC and NO<INF>X</INF> emissions for the 1-hour ozone 
standard. These revisions meet statutory and regulatory requirements, 
and are consistent with EPA's guidance. The EPA is approving these 
revisions pursuant to section 110 and part D of the Federal Clean Air 
Act (the Act).

DATES: This direct final rule will be effective September 8, 2009 
without further notice, unless EPA receives relevant adverse comments 
by August 10, 2009. If EPA receives such comment, EPA will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2005-TX-0005, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
    <bullet> E-mail: Mr. Guy Donaldson at <a href="/cdn-cgi/l/email-protection#bdd9d2d3dcd1d9ced2d393dac8c4fdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="482c272629242c3b2726662f3d31082d3829662f273e">[email protected]</span></a>. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
    <bullet> Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
    <bullet> Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    <bullet> Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2005-TX-0005. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment: Texas Commission on Environmental Quality (TCEQ), Office 
of Air Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ellen Belk, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-2164; fax number 
214-665-7263; e-mail address <a href="/cdn-cgi/l/email-protection#d6b4b3babdf8b3babab3b896b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="395b5c5552175c55555c57795c4958175e564f">[email protected]</span></a>.

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

Table of Contents

I. What Action Is EPA Taking?
II. Control of VOC Emissions for Batch Processes and Shipbuilding 
and Ship Repair
    1. What Has the State Submitted?
    2. What Are the Requirements of Texas' Regulation for Control of 
VOCs?
    3. Why Is EPA Approving Texas' Regulation for Control of VOCs?
III. Reasonably Available Control Technology (RACT) for the 1-hr 
Ozone BPA Area
    1. VOC RACT
    2. NO<INF>X</INF> RACT
IV. What Is the Process for EPA To Approve This SIP Revision?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are approving parts of two State Implementation Plan (SIP) 
revisions containing VOC controls submitted by the State of Texas 
pertaining to the BPA 1-hour ozone serious nonattainment area, as well 
as the State's demonstration that the BPA area meets RACT requirements 
for sources of VOC and NO<INF>X</INF> emissions for the 1-hour ozone 
standard. Specifically, the revisions to the batch process rules and 
shipbuilding and ship repair rules lower VOC emission exemption levels 
for batch process operations and shipbuilding and ship repair 
operations in the BPA area from 100 tpy to 50 tpy to reflect the 
classification status of the BPA area as serious under the 1-hour 
standard, revising sections 115.167, 115.169, 115.427, and 115.429 of 
Title 30 of the Texas Administrative Code, Chapter 115 (30 TAC 115). 
The SIP revisions being approved today also include a demonstration 
that the BPA area meets the RACT requirements for VOC and 
NO<INF>X</INF> for a serious 1-hour ozone nonattainment area. RACT is 
the lowest emission limit that a particular source is capable of 
meeting by the application of the control technology that is reasonably 
available considering technological and economic feasibility. RACT 
requirements for ozone nonattainment areas can be found in section 182 
of the Act. For its RACT demonstration, the State relies upon 
previously approved VOC and NO<INF>X</INF> SIP rules (e.g., 65 FR

[[Page 33148]]

64148, October 26, 2000), as well as the VOC rule changes for batch 
process and shipbuilding and ship repair being approved in this action. 
EPA is finding that the BPA 1-hour ozone serious nonattainment area 
meets the RACT requirements for VOCs and NO<INF>X</INF>.

II. Control of VOC Emissions in Batch Processes and Shipbuilding and 
Ship Repair

1. What Has the State Submitted?

    This action addresses part of two Texas submittals for Control of 
VOCs. The first submittal, entitled ``Concerning Revisions to 30 TAC 
Chapter 115 Control of Air Pollution from Volatile Organic Compounds'' 
was adopted September 9, 2005, by the State of Texas and submitted to 
EPA for approval as a SIP revision on October 15, 2005. This submittal 
included the following: (1) Revising VOC control requirements for the 
following source categories in the BPA area to meet the serious area 
VOC RACT requirements: Shipbuilding and Ship Repair, and Batch 
Processes, and (2) removing a contingency measure requirement for 
controls for loading and unloading of VOC from marine vessels. In this 
action, EPA is addressing only the first of these components: changes 
to the rules for Shipbuilding and Ship Repair, and Batch Processes, in 
the BPA area. We will take action on the second component in a separate 
Federal Register later. We note that the BPA area currently meets RACT 
requirements to limit air emissions of VOC and hazardous air pollutants 
(HAP) from new and existing marine tank vessel loading operations (30 
TAC 115.549). Today, we are approving the revised VOC rules as part of 
the Texas SIP. We also are finding that these revised VOC rules meet 
RACT for the BPA serious 1-hour ozone nonattainment area.
    The second submittal, ``Concerning Revisions to the Attainment 
Demonstration for the Beaumont/Port Arthur Ozone Nonattainment Area'' 
was also adopted September 9, 2005, by the State and submitted October 
15, 2005, to EPA for approval as a SIP revision. This second submittal 
addressed four of the BPA area's outstanding 1-hour ozone obligations: 
(1) Major source applicability for RACT, (2) Clean-Fuel Vehicle 
Programs, (3) Reasonably Available Control Measures (RACM), and (4) a 
contingency measure for marine vessel loading, and also provided a 
demonstration of attainment for the 1997 8-hour ozone standard and an 
associated motor vehicle emissions budget (MVEB). In this action, EPA 
is addressing only the first of these components, the State's VOC and 
NO<INF>X</INF> RACT demonstration. We will take action upon the other 
components later in Federal Register notices. Today, we are finding 
that the NO<INF>X</INF> rules approved on October 26, 2000 (65 FR 
64148) meet RACT and that the BPA area meets the 1-hour ozone serious 
area RACT requirements for VOC and NO<INF>X</INF>.

2. What Are the Requirements of Texas' Regulation for Control of VOCs?

    VOC control regulations for two source categories are being revised 
to increase the level of control required: batch process operations, 
and shipbuilding and repair operations. Today's action will change the 
exemption levels in these two categories from 100 tpy to 50 tpy of VOC, 
so that all of the source categories in the BPA area have a threshold 
consistent with the threshold of 50 tpy or greater for serious 1-hour 
ozone nonattainment areas.
    In 2004, the BPA area was reclassified from a moderate to a serious 
nonattainment area for the 1-hour ozone standard, which resulted in a 
change in the major source applicability definition from 100 tpy to 50 
tpy. TCEQ staff reviewed the VOC point source inventory to determine 
whether all major sources were covered by VOC RACT rules and found 
that, with the exception of the batch process rules and the 
shipbuilding and ship repair rules, all other source categories were 
covered by a RACT SIP rule in the BPA area with a threshold consistent 
with the threshold of 50 tpy for serious 1-hour ozone nonattainment 
areas.
    This rule will affect VOC-emitting facilities in the three counties 
in the BPA 1-hour ozone serious nonattainment area. Table 1 lists the 
affected Texas Counties:

              Table 1--Counties Affected by This Rulemaking
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    Counties in BPA 1-hour ozone nonattainment area affected by this
                               rulemaking
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Hardin
Jefferson
Orange
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    Texas' Chapter 115 regulations control VOC emissions for many 
categories of sources. In particular, this rulemaking affects VOC 
control requirements for the following source categories in the BPA 
area to meet the serious area VOC RACT requirements: Shipbuilding and 
Ship Repair [30 TAC 115.427(a)(3)(H) and 30 TAC 115.429(c)], and Batch 
Processes [30 TAC 115.167(1)(A) and 30 TAC 115.169(a) & (c)], which are 
shown in Table 2:

    Table 2--Texas Administrative Code (TAC) Chapter 115 Subchapters
                       Affected by This Rulemaking
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        Chapter 115 subchapter                      Section
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B General VOC Sources:
    Division 6 Batch Processes:
        Exemptions...................  115.167(1)(A).
        Counties and Compliance        115.169(a) and (c).
         Schedules.
E Solvent-Using Processes:
    Division 2 Surface Coating
     Processes:
        Exemptions...................  115.427(a)(3)(H).
        Counties and Compliance        115.429(c).
         Schedules.
------------------------------------------------------------------------

    To determine whether a specific facility in one of the above 
counties will be affected by one or more of the above revisions, see 
Texas' associated rule revisions included in the docket.

3. Why Is EPA Approving Texas' Regulation for Control of VOCs?

    Section 182 of the Act requires that ozone nonattainment areas 
classified as moderate and above implement RACT on certain sources of 
VOCs and NO<INF>X</INF>. In particular, States must adopt rules that 
implement RACT on sources covered by control techniques guidelines 
(CTGs) issued prior to the 1990 amendments to the Act, sources covered 
by CTGs issued after the 1990 amendments and major

[[Page 33149]]

sources of emissions not covered by a CTG.
    On March 7, 1995, as part of our action approving VOC RACT 
requirements, we found that Texas had implemented VOC RACT in the BPA 
area for both (1) sources covered by a CTG issued prior to the 1990 
amendments to the Act, and (2) major sources not covered by a CTG (44 
FR 12438, March 7, 1995). Since that time, EPA has issued CTGs, and 
alternative control techniques (ACT) for additional source categories. 
As a result, EPA has approved further revisions as meeting VOC RACT for 
the BPA area, including the following: Aerospace Coatings are addressed 
in 66 FR 54688 (October 30, 2001); Batch Processes and Industrial 
Wastewater in 65 FR 79745 (December 20, 2000); Wood Furniture Coating 
Operations and Ship Building and Repair Operations in 64 FR 12759 
(March 15, 1999); Plastic Parts Coatings, Reactor Processes and 
Distillation Operations Process in the SOCMI, and Volatile Organic 
Liquid Storage in 64 FR 3841 (January 26, 1999). While CTGs and ACTs 
were issued for a few other categories, there are no major sources in 
those categories in the BPA area. Texas submitted, and EPA approved, 
negative declarations on these CTG source categories in 61 FR 55894 
(October 30, 1996). On May 15, 2001, EPA found that the BPA area had 
met the VOC RACT requirements for moderate 1-hour ozone nonattainment 
areas (66 FR 26914).
    In 2004, BPA was reclassified from moderate to serious. As a 
serious area, the major source threshold dropped from 100 tpy to 50 
tpy. On September 9, 2005, the TCEQ adopted revisions to the SIP for 
the BPA 1-hour ozone nonattainment area. The SIP revisions were 
submitted to EPA on October 15, 2005; two parts of these revisions are 
being approved in today's action. One part of these revisions that is 
being approved in this action are the State's revised rules that lower 
the exemption level for control of VOC emissions from 100 tpy to 50 tpy 
for shipbuilding and ship repair and batch processes, thus making the 
rules more stringent. This is consistent with VOC RACT requirements for 
serious 1-hour nonattainment areas. Our approval of the revised Texas 
regulations will make them Federally enforceable and the revised SIP 
will meet the serious area VOC RACT requirements for these source 
categories in the BPA area.
    EPA has reviewed the revisions for consistency with the 
requirements of the Act and Federal regulations, and evaluated the 
analysis provided by Texas for determining whether the BPA area meets 
VOC RACT requirements for an area with a serious classification for the 
1-hour ozone standard. The specific requirements and EPA's evaluation 
of these requirements are detailed in the TSD found in the electronic 
docket. Revisions to the Texas regulations for control of VOC (30 TAC 
Chapter 115, sections 115.167, 115.169, 115.427, and 115.429) are also 
included in the docket.

III. Reasonably Available Control Technology (RACT) for the 1-hr Ozone 
BPA Area

    On March 30, 2004, EPA reclassified the BPA area as a serious 
nonattainment area for the 1-hour ozone standard and required the State 
to submit a revised SIP meeting the serious area 1-hour ozone 
requirements including RACT for VOC and NO<INF>X</INF> emissions from 
major sources (69 FR 16483); this action became effective April 29, 
2004.
    Sections 172(c)(1) and 182 of the Act require areas that are 
classified as moderate or above for ozone nonattainment to adopt RACT 
requirements for sources that are subject to CTGs for VOC source 
categories issued by EPA and for ``major sources'' of VOCs and 
NO<INF>X</INF>, which are ozone precursors. Specifically, section 
182(b)(2) of the Act requires States to adopt RACT for all major 
sources of VOC in ozone nonattainment areas; and, section 182(f) 
requires the RACT provisions for major stationary sources of 
NO<INF>X</INF>. Section 182(c) of the Act defines ``major source'' for 
serious areas as a source that has the potential to emit 50 tpy or more 
of NO<INF>X</INF>. RACT is defined as the lowest emissions limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility (44 FR 53762; September 17, 
1979).
    EPA published the 8-hour ozone designations and the Phase 1 Rule 
for implementing the 1997 8-hour ozone standard and the designations 
for the 8-hour ozone standard in the Federal Register (FR) on April 30, 
2004 (69 FR 23858 and 69 FR 23951). The BPA area was designated 
nonattainment for this standard and classified as marginal, and 
included the following three counties: Hardin, Jefferson, and Orange 
(these three also constituted the 1-hour ozone nonattainment area). At 
the time of designation for the 1997 8-hour standard, BPA was a 
nonattainment area for the 1-hour ozone standard and had several 
outstanding 1-hour ozone obligations, including the area did not have 
approved serious area RACT requirements for VOC and NO<INF>X</INF> 
emissions.
    The Phase 1 Rule provided that 1-hour ozone nonattainment areas 
were required to adopt and implement ``applicable requirements'' 
according to the area's classification under the 1-hour ozone standard 
(see 40 CFR 51.905(a)(i)). The BPA area was classified as a serious 
nonattainment area at the time of the 8-hour designation and an 
outstanding ``applicable requirement'' for the BPA area is serious area 
RACT for VOC and NO<INF>X</INF>. In the three counties which comprise 
the 1-hour ozone nonattainment area (Hardin, Jefferson and Orange), 
Texas previously adopted rules to address VOC and NO<INF>X</INF> RACT 
requirements for all major sources at the moderate area major source 
emissions threshold of 100 tons per year (tpy) or greater. The 
reclassification of the BPA area from moderate to serious for the 1-
hour ozone standard, on March 30, 2004 (69 FR 16483), required Texas to 
ensure that RACT was in place on all major sources of 50 tpy or greater 
of VOC and NO<INF>X</INF> emissions.
    EPA reviewed the SIP rules, the revised VOC rules being approved 
today, and the State's RACT demonstration to determine whether RACT for 
VOCs and NO<INF>X</INF> has been adopted in the BPA area as required to 
meet 1-hour ozone standard requirements. EPA is finding that the RACT 
requirements for VOCs and NO<INF>X</INF> in the BPA area meet the 1-
hour ozone standard serious area requirements. RACT for VOCs and RACT 
for NO<INF>X</INF> are discussed successively below.

1. VOC RACT

    In the three counties which comprise the 1-hour ozone nonattainment 
area (Hardin, Jefferson and Orange), Texas previously adopted rules to 
address RACT requirements for all VOC source categories covered by EPA 
CTGs, and to address VOC major sources not covered by CTGs at the 
moderate area major source emissions threshold of 100 tons per year 
(tpy). A CTG provides information on the available controls for a VOC 
source category and provides a ``presumptive norm'' for VOC RACT. EPA 
approved these rules as meeting VOC RACT for a moderate 1-hour ozone 
nonattainment area in a series of actions.
    On March 7, 1995, as part of our action approving VOC requirements, 
EPA found that Texas had implemented RACT in the BPA area for both (1) 
sources covered by a CTG issued prior to the 1990 amendments to the 
Act, and (2) major sources not covered by a CTG (60 FR 12438). On 
October 30, 1996, EPA approved SIP Revisions Regarding Negative 
Declarations for Source Categories Subject to RACT for Louisiana and 
Texas (61 FR 55984). For

[[Page 33150]]

the Beaumont/Port Arthur region, negative declarations were approved 
for the following categories: clean-up solvents, aerospace coatings, 
shipbuilding and repair, wood furniture, plastic part coatings--
business machines, plastic part coatings--others, autobody refinishing, 
and offset lithography. On May 22, 1997, EPA granted limited approval 
of VOC control measures for Texas (62 FR 27964). This action finalized 
the proposed limited approval of control measures that were included as 
part of an earlier proposal related to a 15 Percent Rate of Progress 
Plan (61 FR 2751, Jan. 29, 1996). We converted this limited approval 
into a full approval on January 26, 1999 (64 FR 3841).
    Since that time, EPA has approved further revisions as meeting RACT 
for the BPA area, including the following: Aerospace Coatings are 
addressed in 66 FR 54688 (October 30, 2001); Batch Processes and 
Industrial Wastewater in 65 FR 79745 (December 20, 2000); Wood 
Furniture Coating Operations and Ship Building and Repair Operations in 
64 FR 12759 (March 15, 1999); Plastic Parts Coatings, Reactor Processes 
and Distillation Operations Process in the SOCMI, and Volatile Organic 
Liquid Storage in 64 FR 3841 (January 26, 1999). While CTGs and ACTs 
were issued for a few other categories, there are no major sources in 
those categories in the BPA area. Texas submitted, and EPA approved, 
negative declarations on these categories in 61 FR 55894 (October 30, 
1996). On May 15, 2001, EPA found that the BPA area had met VOC RACT 
requirements for moderate 1-hour ozone nonattainment areas (66 FR 
26914). EPA approved additional control measures which enhanced the 
Texas VOC RACT SIP in an action on February 27, 2008 (73 FR 10383); 
among other things, this action included requirements to control VOC 
emissions from industrial wastewater systems in BPA.
    Texas submitted two SIP revisions addressing the serious area RACT 
requirements (one lowering the limit of two VOC rules from 100 to 50 
tpy, and another addressing serious VOC and NO<INF>X</INF> RACT 
overall), and we reviewed both SIP submissions with respect to the 1-
hour ozone serious area RACT requirements for the BPA 1-hour ozone 
nonattainment area.
    EPA has evaluated the analysis provided by Texas for determining 
whether the BPA area meets VOC RACT requirements for an area with a 
serious classification. The specific requirements to meet RACT and 
EPA's evaluation of these requirements are detailed in the TSD, which 
is available in the docket supporting this action: Docket No. EPA-R06-
OAR-2005-TX-0005. Texas' 30 TAC Chapter 115 revisions are included in 
the docket. Based upon the TCEQ's review and our evaluation, we are 
finding that the BPA area meets the serious area RACT requirements for 
VOCs under the 1-hour ozone standard.

2. NOX RACT

    The Act's NO<INF>X</INF> RACT requirements are described by EPA in 
the ``NO<INF>X</INF> Supplement'' document titled, ``State 
Implementation Plans; Nitrogen Oxides Supplement to the General 
Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; 
Proposed Rule,'' published November 25, 1992 (57 FR 55620). EPA also 
discussed what it viewed as presumptive NO<INF>X</INF> RACT, concerning 
emission limits for certain categories of utility boilers, using a 30-
day rolling average basis. For those source categories which EPA 
addressed in the NO<INF>X</INF> Supplement and their presumptive RACT, 
States were required to adopt rules that either met EPA's presumptions 
or were at least as stringent, to meet the NO<INF>X</INF> RACT 
requirements.
    In setting the NO<INF>X</INF> RACT standards, the States may 
consider the total cost, total emission reductions, and cost 
effectiveness of controls needed to achieve the emission limits or 
equipment standards. Generally, the total NO<INF>X</INF> reductions 
achieved and the cost effectiveness of NO<INF>X</INF> controls fall 
within the ranges articulated in EPA's Office of Air Quality Planning 
policy memoranda, such as the March 16, 1994 memorandum entitled, 
``Cost-Effective Nitrogen Oxides (NO<INF>X</INF>) Reasonably Available 
Control Technology (RACT)'', and the January 10, 1995 memorandum 
entitled, ``De Minimis Values For NO<INF>X</INF> RACT.'' For example, 
the March 16, 1994 memorandum recommends that a NO<INF>X</INF> 
reduction of 30% to 50%, corresponding to a cost-effectiveness range of 
$160 to $1300, be considered in the setting of NO<INF>X</INF> RACT 
standards.
    For the Texas SIP, EPA initially approved revisions to the SIP's 
NO<INF>X</INF> rules, found at 30 TAC Chapter 117, into the Texas SIP 
as adopted by the State on May 11, 1993, at 65 FR 11468 (March 3, 
2000). Among other things, EPA approved the revised NO<INF>X</INF> 
rules for the BPA area as meeting NO<INF>X</INF> RACT, in that 
rulemaking action. See Table II of the 65 FR 11468 for a detailed 
summary of NO<INF>X</INF> emissions limits. By approving the revised 
NO<INF>X</INF> rules as RACT in that rulemaking action we also made the 
finding that the BPA area met the moderate area NO<INF>X</INF> RACT 
requirements.
    On September 1, 2000 at 65 FR 53172, EPA approved revisions to the 
Texas SIP NO<INF>X</INF> rules at 30 TAC Chapter 117, into the Texas 
SIP. EPA approved the rules as meeting RACT for the BPA area, among 
other things, in that rulemaking action. We evaluated the 
NO<INF>X</INF> emission limitations for the BPA area and found them to 
be reasonably available, and technologically and economically feasible. 
For more information, see Tables I and II of 65 FR 53172 for a detailed 
summary of those NO<INF>X</INF> emissions limits, as well as pages 15-
18 of the TSD prepared in conjunction with this rulemaking.
    On October 26, 2000, at 65 FR 64148, the EPA approved further 
revisions to the Texas SIP NO<INF>X</INF> rules at 30 TAC Chapter 117, 
into the Texas SIP. In that SIP revision action by EPA, the 
NO<INF>X</INF> revised rules entitled, ``Emissions Specifications for 
Attainment Demonstration (ESAD)'' were considered at that time to be 
more stringent than moderate area NO<INF>X</INF> RACT. Tables III and 
IV of 65 FR 64148 contain summaries of those NO<INF>X</INF> emissions 
limits. We did not make a NO<INF>X</INF> RACT determination at that 
time.
    The State's NO<INF>X</INF> RACT demonstration submitted by the 
State on October 15, 2005, to show that serious NO<INF>X</INF> RACT is 
in place in the BPA area, relies upon all of the above SIP-approved 
NO<INF>X</INF> rules. Today, we are finding that the revised 
NO<INF>X</INF> rules approved into the Texas SIP on October 26, 2000, 
meet NO<INF>X</INF> RACT.
    We are finding that the Texas SIP rules in 30 TAC Chapter 117, 
Control of Air Pollution from Nitrogen Compounds for major sources, 
located in the three Texas Counties of Jefferson, Hardin, and Orange, 
apply to all sources having a potential to emit of 50 tpy or more of 
NO<INF>X</INF>, and meet the NO<INF>X</INF> RACT requirements for a 
serious ozone nonattainment area under the 1-hour ozone standard. We 
have examined the NO<INF>X</INF> control requirements of the Texas SIP 
rules at 30 TAC Chapter 117 for the affected sources within these three 
Texas Counties, as approved into the Texas SIP, and have determined 
that the rules apply to serious area major source thresholds and that 
the level of control for these affected sources in the BPA area meets 
the NO<INF>X</INF> RACT requirements of the Act and is consistent with 
our guidance documents. For more information, see the TSD document 
prepared in conjunction with today's rulemaking action, as well as 65 
FR 11468, 65 FR 53172, and 65 FR 64148. The TSD is made available in 
docket No. EPA-R06-OAR-2005-TX-0005. You can find the NO<INF>X</INF> 
RACT-related documents at http://www.epa.gov/ttn/naaqs/ozone/ctg_act/index.htm (URL dating October 9, 2008).

[[Page 33151]]

    The existing NO<INF>X</INF> rules in the Texas SIP already apply to 
a serious area's source threshold and we either have found or are today 
finding that they meet NO<INF>X</INF> RACT. Based upon the TCEQ's 
review and our evaluation, we are finding that the BPA area meets 
serious area RACT requirements for NO<INF>X</INF> under the 1-hour 
ozone standard.

IV. What Is the Process for EPA To Approve This SIP Revision?

    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This action will be effective September 8, 
2009 without further notice, unless EPA receives relevant adverse 
comments by August 10, 2009.
    If EPA receives such comment, EPA will publish a timely withdrawal 
of the direct final rule in the Federal Register informing the public 
that this rule will not take effect. All public comments received will 
then be addressed in a subsequent final rule based on the proposed 
rule. The EPA will not institute a second comment period. Parties 
interested in commenting should do so at this time. If no such comments 
are received, the public is advised that this rule will be effective on 
September 8, 2009 and no further action will be taken on the proposed 
rule. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

V. Final Action

    EPA is approving Texas' Chapter 115 Control of Air Pollution from 
Volatile Organic Compounds amendments to sections 115.167, 115.169, 
115.427, and 115.429 which extend requirements for control of VOC 
emissions to sources with the potential to emit 50 tpy or more, and 
incorporating this regulation into the Texas SIP. In conjunction with 
approving these VOC amendments into the Texas SIP, EPA finds they meet 
serious area VOC RACT. EPA also finds that the NO<INF>X</INF> rules 
approved into the Texas SIP on October 26, 2000, at 65 FR 64148, are 
RACT. Further, EPA is also finding, based upon our review and 
evaluation of the State's demonstration, that the BPA area meets the 
serious area VOC and NO<INF>X</INF> RACT requirements for the 1-hour 
ozone standard.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act;
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994); and
    <bullet> Does not have Tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the State, and 
EPA notes that it will not impose substantial direct costs on Tribal 
governments or preempt Tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 8, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: June 29, 2009.
Miguel I. Flores,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. Section 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended under ``Chapter 115 (Reg 5)--Control of Air 
Pollution From Volatile Organic Compounds'' by revising the entries for 
Sections 115.167, 115.169, 115.427, and 115.429.

[[Page 33152]]

0
b. The second table in paragraph (e) entitled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding at the end a new entry for ``VOC and 
NO<INF>X</INF> RACT demonstration for the 1-hour ozone NAAQS'' for the 
Beaumont/Port Arthur Area.
    The revisions and addition read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA-Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      State approval/
           State citation                      Title/subject             submittal          EPA approval date                    Explanation
                                                                           date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Subchapter B--General Volatile Organic Compound Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Division 6: Batch Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 115.167.....................  Exemptions....................       9/28/2005  7/10/2009 [Insert FR page
                                                                                       number where document
                                                                                       begins].
Section 115.169.....................  Counties and Compliance              9/28/2005  7/10/2009 [Insert FR page
                                       Schedules.                                      number where document
                                                                                       begins].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Subchapter E--Solvent-Using Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Division 2: Surface Coating Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 115.427.....................  Exemptions....................       9/28/2005  7/10/2009 [Insert FR page
                                                                                       number where document
                                                                                       begins].
Section 115.429.....................  Counties and Compliance              9/28/2005  7/10/2009 [Insert FR page
                                       Schedules.                                      number where document
                                                                                       begins].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

     (e) * * *
* * * * *

                                  EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           State
        Name of SIP provision             Applicable geographic or      submittal/          EPA approval date                      Comments
                                             nonattainment area       effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
VOC and NOX RACT demonstration for     Beaumont/Port Arthur Area:          9/28/2005  7/10/2009 [Insert FR page
 the 1-hour ozone NAAQS.                Hardin, Jefferson, and                         number where document
                                        Orange Counties.                               begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E9-16270 Filed 7-9-09; 8:45 am]
BILLING CODE 6560-50-P


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