33146 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

■ 2. Add temporary § 100.120 to read as 

follows: 

§ 100.120 Fran Schnarr Open Water 

Championships, Huntington Bay, New York. 

(a) Regulated area. All navigable 

waters of Huntington Bay, NY within 

100 yards of the swim race course 

consisting of the following points: Start/ 

Finish at approximate position 

40°54′25.8′′ N 073°24′28.8′′ N, East Turn 

at approximate position 40°54′45′′ N 

073°23′36.6′′ N and a West Turn at 

approximate position 40°54′31.2′′ N 

073°25′21′′ N. 

(b) Definitions. The following 

definition applies to this section: 

Designated on-scene patrol personnel 

means any commissioned, warrant or 

petty officer of the U.S. Coast Guard 

operating Coast Guard vessels who has 

been authorized to act on the behalf of 

the Captain of the Port Long Island 

Sound. 

(c) Special local regulations. (1) The 

general regulations contained in 33 CFR 

§ 100.35 and § 100.40 apply. 

(2) In accordance with the general 

regulations in § 100.35 of this part, no 

person or vessel may enter, transit, or 

remain within the regulated area during 

the effective period of the regulation 

unless they are officially participating in 

the Fran Schnarr Open Water Swim 

event or are otherwise authorized by the 

Captain of the Port Long Island Sound 

or the designated on-scene patrol 

personnel. 

(3) All persons and vessels must 

comply with the instructions from the 

Coast Guard Captain of the Port Long 

Island Sound or the designated on-scene 

patrol personnel. The designated onscene patrol personnel may delay, 

modify, or cancel the swim event as 

conditions or circumstances require. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(5) Persons and vessels desiring to 

enter the regulated area may request 

permission to enter from the designated 

on-scene patrol personnel on VHF–16 or 

from the Captain of the Port Long Island 

Sound via phone at (203) 468–4401. 

(d) Effective Period. This rule is in 

effect from 7:15 a.m. to 11:30 a.m. on 

July 12th, 2009. Notification of the swim 

event and enforcement of the special 

local regulation will be made via 

separate marine broadcasts and 

broadcast notice to mariners. 

Dated: June 19, 2009. 

Daniel A. Ronan, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. E9–16307 Filed 7–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0546] 

Drawbridge Operation Regulations; 

Annisquam River and Blynman Canal, 

Gloucester, MA, Public Event 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Blynman (SR127) 

Bridge across the Blynman Canal at mile 

0.0, at Gloucester, Massachusetts. This 

deviation is necessary to facilitate the 

2009 Gloucester Triathlon. The 

deviation allows the bridge to remain in 

the closed position during this public 

event in the interest of public safety. 

DATES: This deviation is effective from 

9 a.m. through 11 a.m. on August 9, 

2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0546 and are available online at http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0546 in the docket ID box, 

pressing enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. John McDonald, Project 

Officer, First Coast Guard District, 

telephone (617) 223–8364, 

john.w.mcdonald@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Blynman (SR127) Bridge, across the 

Blynman Canal at mile 0.0, at 

Gloucester, has a vertical clearance in 

the closed position of 7 feet at mean 

high water and 16 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.586. 

The waterway supports both 

commercial and seasonal recreational 

vessel traffic. 

Under this deviation the Blynman 

(SR127) Bridge may remain in the 

closed position from 9 a.m. through 11 

a.m. on August 9, 2009, to facilitate a 

public event, the 2009 Gloucester 

Triathlon. Vessels that can pass under 

the closed draws may do so at any time. 

This deviation is necessary for public 

safety, to facilitate vehicular traffic 

management during the 2009 Gloucester 

Triathlon. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: June 23, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–16395 Filed 7–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

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. 

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), 


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Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 33147 

and the State’s demonstration that the 

BPA area meets RACT requirements for 

sources of VOC and NOX 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: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• 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 

belk.ellen@epa.gov. 

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. NOX 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 NOX 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 

NOX 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 NOX SIP rules (e.g., 65 FR 


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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 NOX. 

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 NOX

RACT demonstration. We will take 

action upon the other components later 

in Federal Register notices. Today, we 

are finding that the NOX 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 NOX. 

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

Counties in BPA 1-hour ozone nonattainment 

area affected by this rulemaking 

Hardin 

Jefferson 

Orange 

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

Chapter 115 subchapter Section 

B General VOC Sources: 

Division 6 Batch Processes: 

Exemptions ................................................................................................................................................................ 115.167(1)(A). 

Counties and Compliance Schedules ....................................................................................................................... 115.169(a) and (c). 

E Solvent-Using Processes: 

Division 2 Surface Coating Processes: 

Exemptions ................................................................................................................................................................ 115.427(a)(3)(H). 

Counties and Compliance Schedules ....................................................................................................................... 115.429(c). 

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 NOX. 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 


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Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 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 NOX 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 NOX, 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 NOX. 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 NOX. 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 NOX

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 

NOX. In the three counties which 

comprise the 1-hour ozone 

nonattainment area (Hardin, Jefferson 

and Orange), Texas previously adopted 

rules to address VOC and NOX 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 

NOX 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 NOX 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 NOX

in the BPA area meet the 1-hour ozone 

standard serious area requirements. 

RACT for VOCs and RACT for NOX 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 


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33150 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

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 

NOX 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 NOX RACT requirements 

are described by EPA in the ‘‘NOX

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 NOX 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 NOX 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 NOX RACT 

requirements. 

In setting the NOX 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 NOX reductions achieved and the 

cost effectiveness of NOX 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 (NOX) Reasonably 

Available Control Technology (RACT)’’, 

and the January 10, 1995 memorandum 

entitled, ‘‘De Minimis Values For NOX

RACT.’’ For example, the March 16, 

1994 memorandum recommends that a 

NOX reduction of 30% to 50%, 

corresponding to a cost-effectiveness 

range of $160 to $1300, be considered in 

the setting of NOX RACT standards. 

For the Texas SIP, EPA initially 

approved revisions to the SIP’s NOX

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 NOX rules for the 

BPA area as meeting NOX RACT, in that 

rulemaking action. See Table II of the 65 

FR 11468 for a detailed summary of 

NOX emissions limits. By approving the 

revised NOX rules as RACT in that 

rulemaking action we also made the 

finding that the BPA area met the 

moderate area NOX RACT requirements. 

On September 1, 2000 at 65 FR 53172, 

EPA approved revisions to the Texas 

SIP NOX 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 NOX 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 NOX

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 NOX rules at 30 TAC 

Chapter 117, into the Texas SIP. In that 

SIP revision action by EPA, the NOX

revised rules entitled, ‘‘Emissions 

Specifications for Attainment 

Demonstration (ESAD)’’ were 

considered at that time to be more 

stringent than moderate area NOX

RACT. Tables III and IV of 65 FR 64148 

contain summaries of those NOX

emissions limits. We did not make a 

NOX RACT determination at that time. 

The State’s NOX RACT demonstration 

submitted by the State on October 15, 

2005, to show that serious NOX RACT 

is in place in the BPA area, relies upon 

all of the above SIP-approved NOX

rules. Today, we are finding that the 

revised NOX rules approved into the 

Texas SIP on October 26, 2000, meet 

NOX 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 

NOX, and meet the NOX RACT 

requirements for a serious ozone 

nonattainment area under the 1-hour 

ozone standard. We have examined the 

NOX 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 NOX 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 NOX RACT-related 

documents at http://www.epa.gov/ttn/ 

naaqs/ozone/ctg_act/index.htm (URL 

dating October 9, 2008). 


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The existing NOX 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 NOX RACT. Based upon the 

TCEQ’s review and our evaluation, we 

are finding that the BPA area meets 

serious area RACT requirements for 

NOX 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 NOX 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 NOX 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: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994); and 

• 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. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. Section 52.2270 is amended as 

follows: 

■ 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. 


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■ 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 NOX RACT demonstration for 

the 1-hour ozone NAAQS’’ for the 

Beaumont/Port Arthur Area. 

The revisions and addition read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

* * * * * * * 

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 Schedules 9/28/2005 7/10/2009 [Insert FR page 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 Schedules 9/28/2005 7/10/2009 [Insert FR page number 

where document begins].

* * * * * * * 

(e) * * * 

* * * * * 

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

Name of SIP provision Applicable geographic or nonattainment area 

State submittal/effective 

date 

EPA approval date Comments 

* * * * * * * 

VOC and NOX RACT demonstration for the 1-hour 

ozone NAAQS.

Beaumont/Port Arthur Area: Hardin, Jefferson, and Orange 

Counties.

9/28/2005 7/10/2009 [Insert FR page number where document begins].

[FR Doc. E9–16270 Filed 7–9–09; 8:45 am] 

BILLING CODE 6560–50–P 


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