[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Proposed Rules]
[Pages 58011-58018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28215]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-102-1-7395; FRL-6465-2]
Approval and Promulgation of Implementation Plans; Texas;
Reasonably Available Control Technology for Major Stationary Sources of
Nitrogen Oxides for the Houston/Galveston and Beaumont/Port Arthur
Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed conditional approval.
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SUMMARY: The EPA is proposing conditional approval of rules into the
Texas State Implementation Plan (SIP). These rules require Reasonably
Available Control Technology (RACT) at stationary sources of nitrogen
oxides (NOX) in the Houston/Galveston (H/G), and the
Beaumont/Port Arthur (B/PA) ozone nonattainment areas. Texas originally
submitted these rules on June 15, 1993. Texas has made nine revisions
to the rules since the original Submittal. In this document we propose
conditional approval of Texas' SIP submittals concerning control of
NOX emissions dating from June 15, 1993 to May 20, 1998, as
meeting the NOX RACT requirements of the Federal Clean Air
Act (the Act).
DATES: Comments must be received on or before November 29, 1999.
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 location. Persons interested
in examining these documents should
[[Page 58012]]
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
I. What are we proposing to approve?
II. What are nitrogen oxides?
III. What is Reasonably Available Control Technology?
IV. What are the Clean Air Act's RACT requirements for
NOX emissions?
V. What are definitions of major sources for NOX?
VI. What are Alternative Control Techniques (ACTs)?
VII. What is a State Implementation Plan?
VIII. What is the Federal approval process for a SIP?
IX. What does Federal approval of a SIP mean to me?
X. What is a nonattainment area?
XI. What counties in Texas will this rule affect?
XII. What are the specific rule revisions we are proposing to
approve?
XIII. What kind of major source categories will this rule affect?
XIV. Are NOX emission specifications in Texas rule
comparable with Federal guidelines?
XV. Why is this a conditional approval?
XVI. What are the monitoring requirements?
Administrative Requirements
Throughout this document ``we,'' ``us,'' and ``our'' means EPA.
I. What Are We Proposing To Approve?
We are proposing conditional approval of revisions to the Texas
Rule 30 TAC Chapter 117 for the control of air pollution from nitrogen
compounds. These measures will reduce NOX emissions in H/G
and B/PA ozone nonattainment areas. By this approval we are agreeing
that the State of Texas will be implementing the RACT on sources listed
in Section XIII of this notice. Specifically, we are proposing to
conditionally approve revisions submitted on June 15, 1993, August 31,
1993, June 9, 1994, August 3, 1994, September 21, 1994, December 29,
1994, March 6, 1996, August 9, 1996, May 21, 1997, and May 20, 1998.
The approval is conditioned on Texas revising Regulation 117.570 to
remove the ability to add one standard deviation to the emissions
baseline for trading purposes. Furthermore, the Texas Accelerated
Vehicle Retirement (AVR) program is not a part of the approved SIP (see
62 FR 66576, December 19, 1997, and 63 FR 41756, August 5, 1998);
consequently, if a source plans to rely upon any emission reduction
credits generated or claimed through the AVR program, for interim
compliance with Chapter 117, the State will have to submit a separate
source specific SIP revision to us for approval.
Texas must submit the approvals of the alternative case-specific
specifications under sections 117.121, 117.221, 117.321 and 117.426, by
the Executive Director or the Commissioners, to the EPA for approval as
source-specific SIP revisions. Texas must submit approvals of a
petition for phased RACT under Section 117.540, by the Executive
Director or the Commissioners, to the EPA for approval as source-
specific SIP revision. Otherwise, a source operating under such a State
approval is subject to Federal enforcement action for violation of the
required specifications and/or compliance deadline.
II. What Are Nitrogen Oxides?
Nitrogen oxides (NOX) belong to the group of criteria
air pollutants. The NOX are produced 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.
III. What Is Reasonably Available Control Technology?
Reasonably Available Control Technology is defined as the lowest
emission limitation that a particular source can meet by applying a
control technique that is reasonably available considering
technological and economic feasibility. See 44 FR 53761, September 17,
1979. This requirement is established by sections 182(b)(2) and 182(f)
of the Act. These sections, taken together, establish the requirements
for Texas to submit a NOX RACT regulation for all major
stationary sources of NOX in ozone nonattainment areas
classified as moderate and above. A State may choose to develop its own
RACT requirements on a case by case basis, considering the economic and
technical circumstances of an individual source.
IV. What Are the Clean Air Act's RACT Requirements for
NOX Emissions?
Section 182(b)(2) requires States located in areas classified as
moderate ozone nonattainment areas to require implementation of RACT
with respect to all major sources of VOCs. Section 182(f) states that,
``The plan provisions required under this subpart for major stationary
sources of volatile organic compounds shall also apply to major
stationary sources (as defined in section 302 and subsections (c), (d),
and (e) of the section) of oxides of nitrogen.'' This NOX
RACT requirement also applies to all major sources in ozone
nonattainment areas with higher than moderate nonattainment
classifications.
On November 25, 1992, (57 FR 55620), we published a notice of
proposed rulemaking entitled ``State Implementation Plans; Nitrogen
Oxides Supplement to the General Preamble; Clean Air Act Amendments of
1990 Implementation of Title I; Proposed Rule,'' (the NOX
Supplement). The NOX Supplement describes and provides
preliminary guidance on the requirements of section 182(f) of the Act.
You should refer to the NOX supplement for further
information on the NOX requirements. The EPA's mandatory
Economic Incentive Program (EIP) rules for criteria pollutants appear
in 40 CFR part 51, subpart U (59 FR 16710). The EPA's discretionary EIP
rules concerning emission trading appear in the 1994 EIP guidance
document (59 FR 16690). In addition, other EPA guidance memoranda, such
as those included in the ``NOX Policy Document for the Clean
Air Act of 1990,'' (EPA-452/R96-005, March 1996), should also be
referred to for more information about NOX requirements.
On August 17, 1994, the Texas Natural Resource Conservation
Commission (TNRCC) petitioned us under section 182(b) to temporarily
exempt the B/PA and H/G ozone nonattainment areas from the
NOX requirements of the Act. The TNRCC asked for the
exemption based on air quality modeling that indicated that the control
of NOX would not contribute to attainment of the National
Ambient Air Quality Standards (NAAQS). We approved the petition on
April 19, 1995.
The temporary exemption was to expire on December 31, 1996 with
RACT compliance no later than May 31, 1997. On March 6, 1996, the TNRCC
asked us to extend the temporary waiver. The TNRCC asked for an
extension of the temporary waiver based on section 182(f) of the Act.
Section 182(f) allows for a waiver of certain federally required
NOX control measures, if the State demonstrates that
NOX reductions do not contribute to ozone attainment in
moderate or above areas. The State submitted modeling information with
a petition predicting that the NOX reductions would be
[[Page 58013]]
counterproductive to ozone attainment in portions of H/G and B/PA
areas. The EPA approved the petition and granted an extension until
December 31, 1997, to allow time for carrying out further modeling. The
NOX RACT compliance date was as expeditious as practicable,
but no later than May 31, 1999. Based on this further modeling, TNRCC
allowed the waiver to expire. We provided notice that the waiver had
expired in the Federal Register on February 12, 1998 (63 FR 7071). The
NOX RACT compliance date was extended to no later than
November 15, 1999.
Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC (and NOX) emissions not covered by
either a pre-enactment or post-enactment control techniques guideline
(CTG) document. There were no NOX CTGs issued before
enactment and we have not issued a CTG document for any NOX
sources since enactment of the Act. States can use the information
contained in the Alternative Control Techniques (ACTs) to develop their
RACT rules. The Texas rules covering NOX sources and
submitted as SIP revisions require final installation of the actual
NOX controls as expeditiously as practicable, but no later
than November 15, 1999.
V. What Are Definitions of Major Sources for NOX?
Section 302 of the Act generally defines ``major stationary
source'' as a facility or source of air pollution which emits, when
uncontrolled, 100 tons per year (tpy) or more of air pollution. This
general definition applies unless another specific provision of the Act
explicitly defines major source differently. Therefore, for
NOX, a major source is one which emits, when uncontrolled,
100 tpy or more of NOX in marginal and moderate areas.
According to section 182(c) of the Act, a major source in a serious
nonattainment area is a source that emits, when uncontrolled, 50 tpy or
more of NOX.
According to section 182(d) of the Act, a major source in a severe
nonattainment area is a source that emits, when uncontrolled, 25 tpy or
more of NOX.
Houston is a severe ozone nonattainment area, so the major source
size for Houston is 25 tpy or more, when uncontrolled. Beaumont is a
moderate ozone nonattainment area, so the major source size for
Beaumont is 100 tpy or more, when uncontrolled.
VI. What Are Alternative Control Techniques (ACTs)?
Section 183(c) of the Act provides that we will issue technical
documents which identify alternative controls for stationary sources of
oxides of nitrogen which emit, when uncontrolled, 25 tpy or more of
this pollutant. These ACT documents are to be subsequently revised and
updated by us. The information in the ACT documents is generated from
EPA papers, literature sources and contacts, control equipment vendors,
engineering firms, and Federal, State, and local regulatory agencies.
States can use information in the ACT to develop their RACT
regulations. The following table contains list of ACT documents for
various source categories of NOX with their corresponding
EPA publication numbers.
Table I.--ACT Documents for Source Categories of NOX and their EPA
Publication Numbers
------------------------------------------------------------------------
Source category EPA publication number
------------------------------------------------------------------------
Nitric/adipic Acid Plants............. EPA-450/3-91-026
Gas Turbines.......................... EPA-453/R-93-007
Process Heaters....................... EPA-453/R-93-034
Internal Combustion Engines........... EPA-453/R-93-032
Cement Plants......................... EPA-453/R-94-004
Non-utility Boilers................... EPA-453/R-94-022
Utility Boilers....................... EPA-453/R-94-023
Glass Manufacturing................... EPA-453/R-94-037
Iron and Steel Manufacturing.......... EPA-453/R-94-065
------------------------------------------------------------------------
VII. 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 established by the EPA. The NAAQS are established under
section 109 of the Act to protect public health, and they 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.
VIII. What Is the Federal Approval Process for a SIP?
In order for State regulations to be incorporated into the
federally enforceable SIP, States must formally adopt the regulations
and control strategies consistent with State and Federal requirements.
This process includes a public notice, a public hearing, a public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a State rule, regulation, or control strategy is adopted, the
State may submit the adopted provisions to us and request that these
provisions be included in the federally enforceable SIP. We must then
decide on an appropriate Federal action, provide public notice on this
action, and seek
[[Page 58014]]
additional public comment regarding this action. If adverse comments
are received, we must address them prior to a final action.
All State regulations and supporting information approved by us
under section 110 of the Act are incorporated into the federally
approved SIP. Records of these SIP actions are maintained in the Code
of Federal Regulations (CFR) at Title 40, part 52, entitled ``Approval
and Promulgation of Implementation Plans.'' The actual State
regulations which were 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.
IX. What Does Federal Approval of a SIP Mean to me?
Enforcement of the State regulation before and after it is
incorporated into federally approved SIP is primarily a state function.
However, once the regulation is federally approved, we and the public
may take enforcement action against violators of these regulations if
the State fails to do so.
X. 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. It has been estimated that 60 percent of Americans
live in nonattainment areas. The H/G and B/PA are nonattainment areas
for ozone.
XI. What Counties in Texas Will This Rule Affect?
This rule affects the H/G and B/PA ozone nonattainment areas. The
B/PA area is classified as moderate ozone nonattainment and includes
the following counties: Hardin, Jefferson, and Orange. The H/G is
classified as severe ozone nonattainment and includes the following
counties: Brazoria, Chambers, Fort Bend, Harris, Galveston, Liberty,
Montgomery, and Waller. If you are in one of these counties, you should
refer to the rules to determine if and how this rule will affect you.
XII. What Are the Specific Rule Revisions EPA is Proposing To
Approve?
The State of Texas submitted the NOX RACT program
Chapter 117, ``Control of Air Pollution From Nitrogen Compounds,'' as a
number of revisions to the SIP. This rulemaking will address the
following SIP revisions:
A. On June 15, 1993, the Governor submitted a major revision that
adopted new NOX regulations, sections 117.10, 117.101-
117.601, and repealed the old regulations, Sections 117.1-117.4. Texas
submitted this revision to us to comply with the Act's 1990 amendments
requirements concerning control of nitrogen oxides emissions at major
stationary sources in ozone nonattainment areas. These rules included
emission limitations, control technologies, and a RACT averaging
program allowing facility-wide averaging with each unit having an
enforceable emission limit. The Texas Register published these
regulations on May 28, 1993 (18TR3409) and effective June 9, 1993.
B. On August 30, 1993, Texas adopted amendments to sections 117.105
and 117.205, repealed sections 117.540, 117.550, and added new sections
117.540, 117.550, and 117.580. Texas added section 117.540, phased
RACT, to allow affected sources to petition TNRCC for a later
compliance date. A source may receive the later compliance date, if it
shows there were unforseen and unavoidable delays in delivery,
construction and installation of control equipment. The new section
117.550 provided an avenue for a general permit approach for collateral
criteria pollutant increases. The new section 117.580 provided for a
NOX source cap program. Instead of unit emission rates, a
facility could comply with an overall facility mass emissions cap. The
cap was based upon the average actual activity level, using the lower
of actual or allowable for previously permitted sources; restricted how
shutdown units may be incorporated; restricted how units exempt from
NOX RACT can be incorporated; and required that the area's
offset ratio be used for exempt units brought into the plant cap. The
proposed changes were part of a series of proposed revisions to Chapter
117 being developed in response to requirements by the Act and EPA
comments. The Texas Register published the amendments to these sections
on December 3, 1993 (18TR8956) and effective December 15, 1993.
C. On May 25, 1994, Texas adopted amendments to sections 117.10,
117.103-117.121, 117.203-117.221, 117.311-117.321, 117.411-117.421,
117.510-117.560, added section 117.223, and repealed section 117.580.
The new section 117.580 provided for a NOX source cap
program. Section 117.580 (source cap) was moved to Section 117.223. A
new subsection 117.540(c) allowed the use of MERCs from scrappage for
interim compliance with Chapter 117, if the source followed the
procedures of section 117.570 (Trading). The life of these vehicle
scrappage MERCs was three years. The Texas Register published the
adopted revisions on June 10, 1994 (19TR4523) and effective June 23,
1994.
D. On July 27, 1994, Texas adopted the new section 117.570 and
repealed the old section 117.570. The new 117.570 established a
NOX RACT trading program to provide a cost-effective
alternative method of complying with the NOX emission
specifications of this chapter. Under the new trading program, an owner
or operator may reduce the required amount of NOX emissions
by using an approved Emission Reduction Credit (ERC). The ERC may be
generated by another company in the same ozone nonattainment area.
Shutdown credits can be generated and used only by sources
participating in a source cap. The source cap provisions in section
117.223 did not allow for generation of paper credits. The Texas
Register published these changes on August 9, 1994 (19TR6223) and
effective August 23, 1994.
E. On August 31, 1994, Texas adopted amendments to sections
117.451, 117.510, 117.520, 117.530, and 117.601. The purpose of the
adopted changes was to extend the final compliance date of the Chapter
117 rule from May 31, 1995, to May 31, 1997. The Texas Register
published these revisions on September 9, 1994 (19TR7128) and effective
September 22, 1994.
F. On December 7, 1994, Texas adopted amendments to section
117.510. The amendment extends the Federal acid rain January 1, 1995
compliance date under section 117.510(2)(A), concerning certification
of continuous emissions monitoring systems for Phase II oil-fired and
Phase II gas-fired units at electric utility sources, to May 31, 1997.
The Texas Register published these revisions on December 16, 1994
(19TR10005) and effective January 2, 1995.
G. On January 10, 1996, Texas adopted amendments to sections
117.451, 117.510, 117.520, 117.530, and 117.601. The purpose of adopted
amendments was to extend the final compliance date of the Chapter 117
rule
[[Page 58015]]
from May 31, 1997, to May 31, 1999. The Texas Register published these
revisions on January 19, 1996 (21TR516) and effective February 1, 1996.
H. On July 24, 1996, Texas adopted revisions to section 117.540.
The amendments to section 117.540, regarding Phased RACT, extended
applicable dates to be consistent with the May 31, 1999 final
compliance date. This revision extended the final compliance date for
an approved phased RACT request to August 31, 2000. In addition, Texas
added new subsection 117.540(c), allowing the use of clean-fueled
vehicle MERCs to meet chapter 117 requirements on an interim basis.
Texas moved the scrappage MERCs to subsection 117.540(b). The life of
the clean fuel vehicle MERCs is two years for MERCs generated prior to
September 1, 2002, and there after, the estimated remaining useful
vehicle life. The Texas Register published these revisions on August 9,
1996 (21TR7560) and effective August 16, 1996.
I. On April 30, 1997, Texas adopted the repeal of section 117.550.
Texas moved the collateral emission increases associated with
installation of NOX control measures into the permitting
requirements of Chapter 116. The EPA is acting on the repeal of section
117.550, but is not acting on Chapter 116 in this action. The Texas
Register published this adoption on May 13, 1997 (22TR4248) and
effective May 22, 1997.
J. On May 20, 1998, Texas adopted revisions to subsections 117.451,
117.510, 117.520, 117.530, 117.540, and 117.601 extending the final
NOX RACT compliance date, for certain major source nitrogen
oxides control measures in the H/G and B/PA ozone nonattainment areas,
to November 15, 1999, and made emission monitoring requirements more
flexible. Texas extended the final phased RACT compliance date to no
later than February 15, 2001. Texas revised the compliance period for
carbon mooxide emissions, in subsection 117.105(j), from a twenty-four
hour period to an hourly period for any electric utility unit which
does not use a Continuous Emission Monitoring System (CEMS) or
Presumptive Emission Monitoring System (PEMS) for CO, stating that
twenty-four hours of manual stack sampling is impractical. The Texas
Register published this adoption on June 5, 1998 (23TR5973) and
effective June 10, 1998.
XIII. What Kind of Major Source Categories Will This Rule Affect?
This rule will affect NOX emissions from the following
existing source categories in Texas: (a) Utility boilers, steam
generators, auxiliary steam boilers, and gas turbines used to generate
electricity in H/G and B/PA ozone nonattainment areas (see section
117.101 of this rule); (b) commercial, institutional, or industrial
boiler (non-utility boiler) and process heaters in H/G and B/PA with a
maximum rated capacity of 40 million Btu per hour or greater,
stationary gas turbines in H/G and B/PA with a megawatt (mW) rating of
1.0 mW or higher; (c) stationary rich burn internal combustion engines
of 150 horsepower (hp) or greater for stationary rich burn internal
combustion engines in H/G ozone nonattainment area, and stationary
internal combustion engines of 300 hp or greater for stationary
internal combustion engines in B/PA ozone nonattainment area (see
section 117.210 of this rule); and (d) nitric acid manufacturing (see
section 117.401 of this rule) and adipic acid manufacturing (see
section 117.301 of this rule) plants in H/G and B/PA ozone
nonattainment areas.
XIV. Are NOX Emissions Specifications in Texas Rule
Comparable With Federal Guidelines?
The emission specifications in pounds NOX per million
Btu (lb NOX /MMBtu) from utility boilers are in agreement
with the ``Alternative Control Techniques Document--NOX
Emissions from Utility Boilers,'' EPA-453/R-94-023, March 1994, and 57
FR 55620 (the NOX supplement).
The emission specifications in pounds NOX per million
Btu (lb NOX/MMBtu) from non-utility boilers are in agreement
with the ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional Boilers,'' EPA-453/
R-94-022, March 1994.
The emission specifications in pound nitrogen dioxide
(NO2) per ton of acid produced (lb NO2/ton acid)
from Nitric and Adipic acid manufacturing plants are in agreement with
the ``Alternative Control Techniques Document--Nitric and Adipic Acid
Manufacturing Plants,'' EPA-450/3-91-026, December 1991.
The emission specifications in pounds NOX per million
Btu (lb NOX/MMBtu) from process heaters are in agreement
with the ``Alternative Control Techniques Document--NOX
Emissions from Process Heaters (Revised),'' EPA-453/R-93-034, September
1993.
The emission specifications in gram NOX per horsepower-
hour (g/hp-hr) from internal combustion engines are in agreement with
the ``Alternative Control Techniques Document--NOX Emissions
from Stationary Reciprocating Internal Combustion Engines,'' EPA-453/R-
93-032, July 1993.
The emission specifications in parts per million (ppm)
NOX from stationary gas turbines are in agreement with the
``Alternative Control Techniques Document--NOX Emissions
from Stationary Gas Turbines,'' EPA-453/R-93-007, January 1993.
The NOX emissions specifications in this rule are
comparable with our guidelines for RACT and ACT documents. A listing of
our ACT documents is in Table I of this proposed action. For a complete
review and evaluation of this rule please refer to the Technical
Support Document (TSD) developed for this proposed action. The
following table contains a summary of the type of affected sources,
their corresponding emission limit, and relevant applicability
information for these sources in the H/G and B/PA nonattainment areas.
Table II.--Summary of the Texas NOX RACT Rule for Sources in the H/G and
B/PA Non-attainment Areas
------------------------------------------------------------------------
Additional
Source NOX limit 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)]/ Oil and gas mixture,
(a + b). 24-hour rolling
average, where.
a = percent natural
gas heat input.
b = percent fuel oil
heat input.
[[Page 58016]]
Stationary Gas Turbines..... 42 parts per million @ 15% O2, natural
(ppmvd). gas, 30
Mega Watt (mW)
annual electric
output
2500 hour mW
rating.
Stationary Gas Turbines..... 65 parts per million @ 15% O2, fuel oil/
(ppmvd).
Stationary Gas Turbines..... 0.20 lb/MMBtu....... Natural gas, peaking
units, annual
electric output
<2500 hour mW
rating.
Stationary Gas Turbines..... 0.30 lb/MMBtu....... Fuel oil, peaking
units, annual
electric output
<2500 hour mW
rating.
Non-utility Boilers......... 0.10 lb/MMBtu....... Natural gas, low
heat release and T
< 200 deg.F,
capacity 100 MMBtu/hr.
Non-utility Boilers......... 0.15 lb/MMBtu....... Natural gas, low
heat release,
preheated air 200
T < 400
deg.F, capacity
100
MMBtu/hr.
Non-utility Boiler.......... 0.20 lb/MMBtu....... Natural gas, low
heat release,
preheated air T 400 deg.F,
capacity 100 MMBtu/hr.
Non-utility Boilers......... 0.20 lb/MMBtu....... Natural gas, high
heat release,
without air or
preheated air T <
250 deg.F,
capacity 100 MMBtu/hr.
Non-utility Boilers......... 0.24 lb/MMBtu....... Natural gas, high
heat release,
preheated air 250
T < 500
deg.F, capacity 100 MMBtu/
hr.
Non-utility Boilers......... 0.28 lb/MMBtu....... Natural gas, high
heat release,
preheated air T 500 deg.F,
capacity 100 MMBtu/hr.
Process Heaters............. 0.10 lb/MMBtu....... Natural gas,
preheated air T ,<
200 deg.F,
capacity 100 MMBtu/hr.
Process Heaters............. 0.13 lb/MMBtu....... Natural gas,
preheated air 200
T < 400
deg.F, capacity 100 MMBtu/
hr.
Process Heaters............. 0.18 lb/MMBtu....... Natural gas, low
heat release,
preheated air T 400 deg.F,
capacity 100 MMBtu/hr.
Process Heaters............. 0.10 lb/MMBtu....... Natural gas, firebox
T < 1400 deg.F,
capacity 100 MMBtu/hr.
Process Heaters............. 0.125 lb/MMBtu...... Natural gas, firebox
1400 T <
1800 deg.F,
capacity 100 MMBtu/hr.
Process Heaters............. 0.15 lb/MMBtu....... Natural gas, firebox
T 1800
deg.F, capacity 100 MMBtu/
hr.
Process Heaters and Non- 0.30 lb/MMBtu....... Liquid fuel,
utility Boilers. capacity 100 MMBtu/hr.
Process Heaters and Non- 0.30 lb/MMBtu....... Wood fuel, capacity
utility Boilers. 100
MMBtu/hr.
Stationary Gas Turbines..... 42 parts per million @ 15% O2, rating 10 mW.
Reciprocating Internal 2.0 gram/hp-hr...... Natural gas, rich
Combustion Engines. burn, stationary,
capacity 150 hp in H/G,
capacity 300 hp in B/PA.
Absorbers of Adipic Acid 2.5 lb/ton of acid 24-hr rolling
Production Units. produced. average.
Absorbers of Nitric Acid 2.0 lb/ton of acid 24-hr rolling
Production Units. produced. average.
------------------------------------------------------------------------
XV. Why Is This a Conditional Approval?
The allowable NOX emission rates are calculated based on
a rolling 30-day average method (see equation 117.223(b)(1) of this
rule) and based on a maximum daily cap method (see equation
117.223(b)(2) of this rule). The definition of actual daily heat input
in 117.570(b)(2), and the definition of actual historical average of
the daily heat input in 117.223(b)(1) allow sources to add one standard
deviation to their baseline heat input or emission rate to establish
the baseline for generating emission credits. Adding one standard
deviation to the baseline could generate ``paper credits.''
We understand from Texas that this allowance was an inadvertent
oversight and they have committed in the July 19, 1999, letter to
change the rule and submit it as a SIP revision to our office by
November 15, 1999. We are conditionally approving the rule based on
their commitment.
XVI. What Are the Monitoring Requirements?
The Act requires that SIP rules be enforceable. To insure
continuous compliance, SIP rules must have monitoring requirements. The
Texas NOX Rules require either a CEMS or PEMS to ensure
compliance.
It is very important to use proper Quality Assurance/Quality
Control (QA/QC) techniques to insure the monitors read correctly. One
issue we are concerned with is that the Texas rules allow a Cylinder
Gas Audit (CGA) to replace the Relative Accuracy Test Audit (RATA) for
ongoing QA/QC of the monitors.
Our rules under 40 CFR part 60, New Source Performance Standards
for new sources prohibit the use of CGA for more than 3 consecutive
calender quarters. The CGA outlined in 40 CFR part 60, appendix F is
the test which demonstrates that the analyzer reads correctly over its
range. For example, in a CGA test you might compare the protocol gases
of 0 ppm, 50 ppm, and 100 ppm to what the analyzer reads. If the
analyzer's readings match the concentration of the corresponding
protocol gas, then the analyzer passes the CGA test. The CGA or
linearity test however, is only a means of verifying performance of the
analyzer and not a means of verifying performance of the total
monitoring system.
The RATA determines if the CEMS reads correctly during actual
operation by testing the entire system. The RATA compares the readings
of the CEMS to an independent ``reference method'' when both the CEMS
and RATA are
[[Page 58017]]
measuring the pollutant concentration in the stack simultaneously. The
reference method is designed to be as accurate as possible and verifies
that the CEMS will perform correctly in normal operation.
Texas has stated that economic reasons, i.e., higher cost of
performing a RATA vs. cost of performing a CGA and ease of scheduling a
CGA as opposed to scheduling a RATA, as the reasons for substituting a
CGA with RATA for ongoing quality assurance of CEMS. Texas believes, if
performed correctly, a CGA test provides adequate assurance of monitor
operation and that additional cost of RATA is not justified.
We are proposing to agree with Texas in substituting a CGA with
RATA for ongoing quality assurance of CEMS. As indicated at the outset
of this notice, we will be collecting comments and consider any
comments received on this subject by November 29, 1999.
Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Orders on Federalism
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the OMB a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's proposed rule does not create a mandate on State, local, or
tribal governments. The proposed rule does not impose any enforceable
rules on any of these entities. This proposed action does not create
any new requirements but simply approves the requirements the State is
already imposing. Accordingly, the requirements of section 1(a) of E.O.
12875 do not apply to this proposed rule.
On August 4, 1999, President Clinton issued a new E.O. on
federalism, E.O. 13132, (64 FR 43255, August 10, 1999), which will take
effect on November 2, 1999. In the interim, the current E.O. 12612 (52
FR 41685, October 30, 1987), on federalism still applies. This rule
will not have a substantial direct effect on 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 E.O. 12612. The rule affects only one
State, and does not alter the relationship or the distribution of power
and responsibilities established in the Act.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under Section 5-501 of the order has the potential to
influence the regulation. This proposed rule is not subject to E.O.
13045 because it proposes to approve a State program.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. This proposed action does not
involve or impose any new requirements that affect Indian tribes.
Accordingly, the requirements of section 3(b) of E.O. 13084 do not
apply to this proposed rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. This proposed rule will not have a
significant impact on a substantial number of small entities because
SIP approvals under section 110 and subchapter I, part D of the Act do
not create any new requirements but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP
proposes approval does not create any new requirements, I certify that
this proposed action will not have a significant economic impact on a
substantial number of small entities. Moreover, due to the nature of
the Federal-State relationship under the Act, preparation of a
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Act forbids EPA to base its actions
concerning SIPs on such grounds. See Union Electric Co., v. U.S. EPA,
427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing State requirements applicable to small
entities. Federal disapproval of the State Submittal does not affect
State-enforceability. Moreover, EPA's disapproval of the Submittal does
not impose any new requirements. Therefore, I certify that this
proposal
[[Page 58018]]
action will not have a significant economic impact on a substantial
number of small entities because it does not remove existing
requirements nor does it substitute a new Federal requirement.
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated annual costs to State,
local, or tribal governments in the aggregate; or to private sector, of
$100 million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action proposes
to approve preexisting requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this proposed action.
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 6, 1999.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 99-28215 Filed 10-27-99; 8:45 am]
BILLING CODE 6560-50-P