[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Rules and Regulations]
[Pages 25753-25759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4114]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R06-OAR-2005-TX-0034; FRL-8164-6]
National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
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SUMMARY: The Texas Commission on Environmental Quality (TCEQ) has
submitted updated regulations for receiving delegation of EPA authority
for National Emission Standards for Hazardous Air Pollutants (NESHAPs)
for certain sources (both part 70 and non-part 70 sources). These
regulations apply to certain NESHAPs promulgated by EPA, as adopted by
the TCEQ. The delegation of authority under this action does not apply
to sources located in Indian Country. EPA is taking direct final action
to approve the delegation of certain NESHAPs to TCEQ.
DATES: This rule is effective on July 3, 2006 without further notice,
unless EPA receives relevant adverse comment by June 1, 2006. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2005-TX-0034, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
U.S. 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: Jeff Robinson at [email protected].
Fax: Mr. Jeff Robinson, Air Permits Section (6PD-R), at
fax number 214-665-7263.
Mail: Mr. Jeff Robinson, Air Permits Section (6PD-R),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits
Section (6PD-R), 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-0034. 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://docket.epa.gov/rmepub/, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through www.regulations.gov, or e-mail. The 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 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Permitting Section (6PD-
R), 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 to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will
[[Page 25754]]
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, Office of Air Quality,
12100 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Robinson, U.S. EPA, Region 6,
Multimedia Planning and Permitting Division (6PD), 1445 Ross Avenue,
Dallas, TX 75202-2733, telephone (214) 665-6435; fax number 214-665-
7263; or electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. General Information
II. What Does This Action Do?
III. What Is the Authority for Delegation?
IV. What Criteria Must Texas' Program Meet To Be Approved?
V. How Did TCEQ Meet the Subpart E Approval Criteria?
VI. What Is Being Delegated?
VII. What Is Not Being Delegated?
VIII. How Will Applicability Determinations Under Section 112 Be
Made?
IX. What Authority Does EPA Have?
X. What Information Must TCEQ Provide to EPA?
XI. What Is EPA's Oversight of This Delegation to TCEQ?
XII. Should Sources Submit Notices to EPA or TCEQ?
XIII. How Will Unchanged Authorities Be Delegated to TCEQ in the
Future?
XIV. Final Action
XV. Statutory and Executive Order Reviews
I. General Information
A. Tips for Preparing Your Comments
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
B. Submitting Confidential Business Information (CBI)
Do not submit this information to EPA through regulations.gov or e-
mail. Clearly mark the part or all of the information that you claim to
be CBI. For CBI information in a disk or CD ROM that you mail to EPA,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
II. What Does This Action Do?
EPA is taking direct final action to approve the delegation of
certain NESHAPs to TCEQ. With this delegation, TCEQ has the primary
responsibility to implement and enforce the delegated standards. See
sections VI and VII, below, for a complete discussion of which
standards are being delegated and which are not being delegated.
III. What Is the Authority for Delegation?
Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes
EPA to delegate authority to any state or local agency which submits
adequate regulatory procedures for implementation and enforcement of
emission standards for hazardous air pollutants. The hazardous air
pollutant standards are codified at 40 CFR part 63.
IV. What Criteria Must Texas' Program Meet To Be Approved?
Section 112(l) of the CAA enables EPA to approve State air toxics
programs or rules to operate in place of the Federal air toxics program
or rules. 40 CFR part 63, subpart E (subpart E) governs EPA's approval
of State rules or programs under section 112(l).
EPA will approve an air toxics program if we find that:
(1) The State program is ``no less stringent'' than the
corresponding Federal program or rule;
(2) The State has adequate authority and resources to implement the
program;
(3) The schedule for implementation and compliance is sufficiently
expeditious; and
(4) The program otherwise complies with Federal guidance.
In order to obtain approval of its program to implement and enforce
Federal section 112 rules as promulgated without changes (straight
delegation), only the criteria of 40 CFR 63.91(d) must be met. 40 CFR
63.91(d)(3) provides that interim or final Title V program approval
will satisfy the criteria of 40 CFR 63.91(d) for part 70 sources.
V. How Did TCEQ Meet the Subpart E Approval Criteria?
As part of its Title V submission, TCEQ stated that it intended to
use the mechanism of incorporation by reference to adopt unchanged
Federal section 112 into its regulations. This applied to both existing
and future standards as they applied to part 70 sources ((60 FR 30444
(June 7, 1995) and 61 FR 32699 (June 25, 1996)). On December 6, 2001,
EPA promulgated final full approval of the State's operating permits
program effective November 30, 2001 (66 FR 63318). The TCEQ was
originally delegated the authority to implement certain NESHAPs
effective May 17, 2005 (70 FR 13018). Under 40 CFR 63.91(d)(2), once a
state has satisfied up-front approval criteria, it needs only to
reference the previous demonstration and reaffirm that it still meets
the criteria for any subsequent submittals. TCEQ has affirmed that it
still meets the up-front approval criteria.
VI. What Is Being Delegated?
EPA received a request from TCEQ to update it's existing delegation
of certain NESHAP subparts on July 26, 2005. The TCEQ requests
delegation of certain NESHAP for all sources (both part 70 and non-part
70 sources). For the part 63 NESHAPs, Texas' request included the newly
incorporated NESHAPs set forth in Table 1 below, and amendments to
existing standards that are currently delegated.
[[Page 25755]]
Table 1.--40 CFR Part 63 NESHAP for Source Categories
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Subpart Source category
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EEEE........................... Organic Liquids Distribution (Non-Gasoline).
FFFF........................... Miscellaneous Organic Chemical Manufacturing (MON).
IIII........................... Surface Coating of Automobiles and Light-Duty Trucks.
KKKK........................... Surface Coating of Metal Cans.
MMMM........................... Surface Coating of Miscellaneous Metal Parts and Products.
OOOO........................... Printing, Coating, and Dyeing of Fabrics and Other Textiles.
PPPP........................... Surface Coating of Plastic Parts and Products.
QQQQ........................... Surface Coating of Wood Building Products.
RRRR........................... Surface Coating of Metal Furniture.
WWWW........................... Reinforced Plastic Composites Production.
YYYY........................... Stationary Combustion Turbines.
ZZZZ........................... Stationary Reciprocating Internal Combustion Engines (RICE).
AAAAA.......................... Lime Manufacturing Plants.
BBBBB.......................... Semiconductor Manufacturing.
CCCCC.......................... Coke Ovens: Pushing, Quenching, and Battery Stacks
EEEEE.......................... Iron and Steel Foundries.
FFFFF.......................... Integrated Iron and Steel Manufacturing Facilities.
GGGGG.......................... Site Remediation.
HHHHH.......................... Miscellaneous Coating Manufacturing.
IIIIII......................... Mercury Emissions from Mercury Cell Chlor-Alkali Plants.
JJJJJ.......................... Brick and Structural Clay Products Manufacturing.
KKKKK.......................... Clay Ceramics Manufacturing.
LLLLL.......................... Asphalt Processing and Asphalt Roofing Manufacturing.
MMMMM.......................... Flexible Polyurethane Foam Fabrication Operations.
NNNNN.......................... Hydrochloric Acid Production.
PPPPP.......................... Engine Test Cells/Stands.
RRRRR.......................... Taconite Iron Ore Processing.
SSSSS.......................... Refractory Products Manufacturing.
TTTTT.......................... Primary Magnesium Refining.
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VII. What Is Not Being Delegated?
EPA cannot delegate to a State any of the Category II Subpart A
authorities set forth in 40 CFR 63.91(g)(2). These include the
following provisions: Sec. 63.6(g), Approval of Alternative Non-
Opacity Standards; Sec. 63.6(h)(9), Approval of Alternative Opacity
Standards; Sec. 63.7(e)(2)(ii) and (f), Approval of Major Alternatives
to Test Methods; Sec. 63.8(f), Approval of Major Alternatives to
Monitoring; and Sec. 63.10(f), Approval of Major Alternatives to
Recordkeeping and Reporting. In addition, some MACT standards have
certain provisions that cannot be delegated to the States. Therefore,
any MACT standard that EPA is delegating to TCEQ that provides that
certain authorities cannot be delegated are retained by EPA and not
delegated. Furthermore, no authorities are delegated that require
rulemaking in the Federal Register to implement, or where Federal
overview is the only way to ensure national consistency in the
application of the standards or requirements of CAA section 112.
Finally, section 112(r), the accidental release program authority, is
not being delegated by this approval.
All of the inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Texas should be
directed to the EPA Region 6 Office.
EPA must change the delegation status of part 63--Subpart J
standards for Polyvinyl Chloride and Copolymers Production in this
delegation action. This subpart was vacated by Mossville Environmental
Action Now v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004), and EPA's petition
for rehearing was denied by the Court of Appeals for the D.C. Circuit
on April 15, 2005. This subpart was previously delegated to TCEQ. In
addition, this delegation to TCEQ to implement and enforce certain
NESHAPs does not extend to sources or activities located in Indian
country, as defined in 18 U.S.C. 1151. Under this definition, EPA
treats as reservations, trust lands validly set aside for the use of a
Tribe even if the trust lands have not been formally designated as a
reservation. Consistent with previous federal program approvals or
delegations, EPA will continue to implement the NESHAPs in Indian
country because TCEQ has not submitted information to demonstrate
authority over sources and activities located within the exterior
boundaries of Indian reservations and other areas in Indian country.
VIII. How Will Applicability Determinations Under Section 112 Be Made?
In approving this delegation, TCEQ will obtain concurrence from EPA
on any matter involving the interpretation of section 112 of the CAA or
40 CFR part 63 to the extent that implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.
IX. What Authority Does EPA Have?
We retain the right, as provided by CAA section 112(l)(7), to
enforce any applicable emission standard or requirement under section
112. EPA also has the authority to make certain decisions under the
General Provisions (subpart A) of part 63. We are granting TCEQ some of
these authorities, and retaining others, as explained in sections VI
and VII above. In addition, EPA may review and disapprove of State
determinations and subsequently require corrections. (See 40 CFR
63.91(g) and 65 FR 55810, 55823, September 14, 2000.)
Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in the footnotes of the part 63 delegation table
at the end of this rule are the authorities that cannot be delegated to
any State or local agency which we therefore retain.
[[Page 25756]]
X. What Information Must TCEQ Provide to EPA?
In delegating the authority to implement and enforce these rules
and in granting a waiver of EPA notification requirements, we require
TCEQ to input all source information into the Aerometric Information
Retrieval System (AIRS) for both point and area sources. TCEQ must
enter this information into the AIRS system and update the information
by September 30 of every year. TCEQ must provide any additional
compliance related information to EPA, Region 6, Office of Enforcement
and Compliance Assurance within 45 days of a request under 40 CFR
63.96(a).
In receiving delegation for specific General Provisions
authorities, TCEQ must submit to EPA Region 6 on a semi-annual basis,
copies of determinations issued under these authorities. For part 63
standards, these determinations include: Applicability determinations
(Sec. 63.1); approval/disapprovals of construction and reconstruction
(Sec. 63.5(e) and (f)); notifications regarding the use of a
continuous opacity monitoring system (Sec. 63.6(h)(7)(ii)); finding of
compliance (Sec. 63.6(h)(8)); approval/disapprovals of compliance
extensions (Sec. 63.6(i)); approvals/disapprovals of minor (Sec.
63.7(e)(2)(i)) or intermediate (Sec. 63.7(e)(2)(ii) and (f))
alternative test methods; approval of shorter sampling times and
volumes (Sec. 63.7(e)(2)(iii)); waiver of performance testing (Sec.
63.7(e)(2)(iv) and (h)(2), (3)); approvals/disapprovals of minor or
intermediate alternative monitoring methods (Sec. 63.8(f)); approval
of adjustments to time periods for submitting reports (Sec. 63.9 and
63.10); and approvals/disapprovals of minor alternatives to
recordkeeping and reporting (Sec. 63.10(f)).
Additionally, EPA's Emissions, Monitoring, and Analysis Division
must receive copies of any approved intermediate changes to test
methods or monitoring. (Please note that intermediate changes to test
methods must be demonstrated as equivalent through the procedures set
out in EPA method 301.) This information on approved intermediate
changes to test methods and monitoring will be used to compile a
database of decisions that will be accessible to State and local
agencies and EPA Regions for reference in making future decisions. (For
definitions of major, intermediate and minor alternative test methods
or monitoring methods, see 40 CFR 63.90). The TCEQ should forward these
intermediate test methods or monitoring changes via mail or facsimile
to: Chief, Air Measurements and Quality Group, Emissions Monitoring and
Analysis Division, Office of Air Quality Planning and Standards,
Mailcode D205-02, Research Triangle Park, NC 27711, Facsimile telephone
number: (919) 541-0516.
XI. What Is EPA's Oversight of This Delegation to TCEQ?
EPA must oversee TCEQ's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We will
integrate oversight of the delegated authorities into the existing
mechanisms and resources for oversight currently in place. If, during
oversight, we determine that TCEQ made decisions that decreased the
stringency of the delegated standards, then TCEQ shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified, as required by 40 CFR 63.91(g)(1)(ii). We will
initiate withdrawal of the program or rule if the corrective actions
taken are insufficient.
XII. Should Sources Submit Notices to EPA or TCEQ?
For the NESHAPS being delegated and included in the table above,
all of the information required pursuant to the general provisions and
the relevant subpart of the Federal NESHAP (40 CFR part 63) should be
submitted by sources located outside of Indian country, directly to the
TCEQ at the following address: Texas Commission on Environmental
Quality, Office of Permitting, Remediation and Registration, Air
Permits Division (MC 163), P.O. Box 13087, Austin, Texas 78711-3087.
The TCEQ is the primary point of contact with respect to delegated
NESHAPs. Sources do not need to send a copy to EPA. EPA Region 6 waives
the requirement that notifications and reports for delegated standards
be submitted to EPA in addition to TCEQ in accordance with 40 CFR
63.9(a)(4)(ii) and 63.10(a)(4)(ii). For those standards that are not
delegated, sources must continue to submit all appropriate information
to EPA.
XIII. How Will Unchanged Authorities Be Delegated to TCEQ in the
Future?
In the future, TCEQ will only need to send a letter of request to
EPA, Region 6, for NESHAP regulations that TCEQ has adopted by
reference. The letter must reference the previous up-front approval
demonstration and reaffirm that it still meets the up-front approval
criteria. We will respond in writing to the request stating that the
request for delegation is either granted or denied. A Federal Register
action will be published to inform the public and affected sources of
the delegation, indicate where source notifications and reports should
be sent, and to amend the relevant portions of the Code of Federal
Regulations showing which NESHAP standards have been delegated to TCEQ.
XIV. Final Action
The public was provided the opportunity to comment on the proposed
approval of the program and mechanism for delegation of section 112
standards, as they apply to part 70 sources, on June 7, 1995, for the
proposed interim approval of TCEQ's Title V operating permits program;
and on October 11, 2001, for the proposed final approval of TCEQ's
Title V operating permits program. In EPA's final full approval of
Texas' Operating Permits Program on December 6, 2001, (66 FR 63318),
the EPA discussed the public comments on the proposed final delegation
of the Title V operating permits program. In today's action, the public
is given the opportunity to comment on the approval of TCEQ's request
for delegation of authority to implement and enforce certain section
112 standards for all sources (both part 70 and non-part 70 sources)
which have been adopted by reference into Texas' state regulations.
However, the Agency views the approval of these requests as a
noncontroversial action and anticipates no adverse comments. Therefore,
EPA is publishing this rule without prior proposal. However, in the
``Proposed Rules'' section of today's Federal Register publication, EPA
is publishing a separate document that will serve as the proposal to
approve the program and delegation of authority described in this
action if adverse comments are received. This action will be effective
July 3, 2006 without further notice unless the Agency receives relevant
adverse comments by June 1, 2006.
If EPA receives relevant adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public the rule will
not take effect. We will address all public comments in a subsequent
final rule based on the proposed rule. The EPA will not institute a
second comment period on this action. Any parties interested in
commenting must do so at this time. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions
[[Page 25757]]
of the rule that are not the subject of a relevant adverse comment.
XVI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 July 3, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 63
Environmental protection, Air pollution control, Hazardous
substances, Intergovernmental relations, Reporting and recordkeeping
requirements.
Authority: This action is issued under the authority of section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: April 24, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 63 is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
2. Section 63.99 is amended by revising paragraph (a)(43)(i) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(43) * * *
(i) The following table lists the specific part 63 standards that
have been delegated unchanged to the Texas Commission on Environmental
Quality for all sources. The ``X'' symbol is used to indicate each
subpart that has been delegated. The delegations are subject to all of
the conditions and limitations set forth in Federal law, regulations,
policy, guidance, and determinations. Some authorities cannot be
delegated and are retained by EPA. These include certain General
Provisions authorities and specific parts of some standards. Any
amendments made to these rules after the effective date are not
delegated.
Delegation Status for Part 63 Standards.--State of Texas \1\
------------------------------------------------------------------------
Subpart Source category TCEQ \2\
------------------------------------------------------------------------
F........................... Hazardous Organic NESHAP X
(HON)--Synthetic
OrganicChemical
Manufacturing Industry
(SOCMI).
G........................... HON--SOCMI Process Vents, X
Storage Vessels, Transfer
Operations and Wastewater.
H........................... HON--Equipment Leaks........ X
I........................... HON--Certain Processes X
Negotiated Equipment Leak
Regulation.
J........................... Polyvinyl Chloride and \3\ X
Copolymers Production.
K........................... (Reserved).................. ............
L........................... Coke Oven Batteries......... X
[[Page 25758]]
M........................... Perchloroethylene Dry X
Cleaning.
N........................... Chromium Electroplating and X
Chromium Anodizing Tanks.
O........................... Ethylene Oxide Sterilizers.. X
P........................... (Reserved).................. ............
Q........................... Industrial Process Cooling X
Towers.
R........................... Gasoline Distribution....... X
S........................... Pulp and Paper Industry..... X
T........................... Halogenated Solvent Cleaning X
U........................... Group I Polymers and Resins. X
V........................... (Reserved).................. ............
W........................... Epoxy Resins Production and X
Non-Nylon Polyamides
Production.
X........................... Secondary Lead Smelting..... X
Y........................... Marine Tank Vessel Loading.. X
Z........................... (Reserved).................. ............
AA.......................... Phosphoric Acid X
Manufacturing Plants.
BB.......................... Phosphate Fertilizers X
Production Plants.
CC.......................... Petroleum Refineries........ X
DD.......................... Off-Site Waste and Recovery X
Operations.
EE.......................... Magnetic Tape Manufacturing. X
FF.......................... (Reserved).................. ............
GG.......................... Aerospace Manufacturing and X
Rework Facilities.
HH.......................... Oil and Natural Gas X
Production Facilities.
II.......................... Shipbuilding and Ship Repair X
Facilities.
JJ.......................... Wood Furniture Manufacturing X
Operations.
KK.......................... Printing and Publishing X
Industry.
LL.......................... Primary Aluminum Reduction X
Plants.
MM.......................... Chemical Recovery Combustion X
Sources at Kraft, Soda,
Sulfide, and Stand-Alone
Semichemical Pulp Mills.
NN.......................... (Reserved).................. ............
OO.......................... Tanks--Level 1.............. X
PP.......................... Containers.................. X
QQ.......................... Surface Impoundments........ X
RR.......................... Individual Drain Systems.... X
SS.......................... Closed Vent Systems, Control ............
Devices, Recovery Devices
and Routing to a Fuel Gas
System or a Process.
TT.......................... Equipment Leaks--Control X
Level 1.
UU.......................... Equipment Leaks--Control X
Level 2 Standards.
VV.......................... Oil-Water Separators and X
Organic-Water Separators.
WW.......................... Storage Vessels (Tanks)-- X
Control Level 2.
XX.......................... (Reserved).................. ............
YY.......................... Generic Maximum Achievable X
Control Technology
Standards.
ZZ-BBB...................... (Reserved).................. ............
CCC......................... Steel Pickling--HCl Process X
Facilities and Hydrochloric
Acid Regeneration.
DDD......................... Mineral Wool Production..... X
EEE......................... Hazardous Waste Combustors.. X
FFF......................... (Reserved).................. ............
GGG......................... Pharmaceuticals Production.. X
HHH......................... Natural Gas Transmission and X
Storage Facilities.
III......................... Flexible Polyurethane Foam X
Production.
JJJ......................... Group IV Polymers and Resins X
KKK......................... (Reserved).................. ............
LLL......................... Portland Cement X
Manufacturing.
MMM......................... Pesticide Active Ingredient X
Production.
NNN......................... Wool Fiberglass X
Manufacturing.
OOO......................... Amino/Phenolic Resins....... X
PPP......................... Polyether Polyols Production X
QQQ......................... Primary Copper Smelting..... X
RRR......................... Secondary Aluminum X
Production.
SSS......................... (Reserved).................. ............
TTT......................... Primary Lead Smelting....... X
UUU......................... Petroleum Refineries-- X
Catalytic Cracking
Units,Catalytic Reforming
Units and Sulfur Recovery
Plants.
VVV......................... Publicly Owned Treatment X
Works (POTW).
WWW......................... (Reserved).................. ............
XXX......................... Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA........................ Municipal Solid Waste X
Landfills.
CCCC........................ Nutritional Yeast X
Manufacturing.
DDDD........................ Plywood and Composite Wood
Products.
EEEE........................ Organic Liquids Distribution X
FFFF........................ Miscellaneous Organic X
Chemical Manufacturing
(MON).
GGGG........................ Solvent Extraction for X
Vegetable Oil Production.
HHHH........................ Wet Formed Fiberglass Mat X
Production.
IIII........................ Auto & Light Duty Truck..... X
JJJJ........................ Paper and other Web (Surface X
Coating).
KKKK........................ Surface Coating of Metal X
Cans.
[[Page 25759]]
MMMM........................ Miscellaneous Metal Parts X
and Products Surface
Coating.
NNNN........................ Surface Coating of Large X
Appliances.
OOOO........................ Fabric Printing Coating and X
Dyeing.
PPPP........................ Surface Coating of Plastic X
Parts and Products.
QQQQ........................ Surface Coating of Wood X
Building Products.
RRRR........................ Surface Coating of Metal X
Furniture.
SSSS........................ Surface Coating for Metal X
Coil.
TTTT........................ Leather Finishing Operations X
UUUU........................ Cellulose Production X
Manufacture.
VVVV........................ Boat Manufacturing.......... X
WWWW........................ Reinforced Plastic X
Composites Production.
XXXX........................ Tire Manufacturing.......... X
YYYY........................ Stationary Combustion X
Turbines.
ZZZZ........................ Reciprocating Internal X
Combustion Engines.
AAAAA....................... Lime Manufacturing.......... X
BBBBB....................... Semiconductor Manufacturing. X
CCCCC....................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD....................... Industrial, Commercial, and X
Institutional Boilers and
Process Heaters.
EEEEE....................... Iron and Steel Foundries.... X
FFFFF....................... Integrated Iron and Steel... X
GGGGG....................... Site Remediation............ X
HHHHH....................... Miscellaneous Coating X
Manufacturing.
IIIII....................... Mercury Cell Chlor-Alkali X
Plants.
JJJJJ....................... Brick and Structural Clay X
Products Manufacturing.
KKKKK....................... Clay Ceramics Manufacturing. X
LLLLL....................... Asphalt Roofing and X
Processing.
MMMMM....................... Flexible Polyurethane Foam X
Fabrication Operation.
NNNNN....................... Hydrochloric Acid X
Production, Fumed Silica
Production.
PPPPP....................... Engine Test Facilities...... X
QQQQQ....................... Friction Materials X
Manufacturing.
RRRRR....................... Taconite Iron Ore Processing X
SSSSS....................... Refractory Products X
Manufacture.
TTTTT....................... Primary Magnesium Refining.. X
------------------------------------------------------------------------
1 Program delegated to Texas Commission on Environmental Quality (TCEQ).
2 Authorities which may not be delegated include: Sec. 63.6(g),
Approval of Alternative Non-Opacity Emission Standards; Sec.
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring;
Sec. 63.10(f), Approval of Major Alternatives to Recordkeeping and
Reporting; and all authorities identified in the subparts (e.g., under
``Delegation of Authority'') that cannot be delegated.
3 The TCEQ was previously delegated this subpart on May 17, 2005 (70 FR
13018). The subpart was vacated and remanded to EPA by the United
States Court of Appeals for the District of Columbia Circuit. See,
Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C.
Cir. 2004). Because of the D.C. Court's holding this subpart is not
delegated to TCEQ at this time.
* * * * *
[FR Doc. 06-4114 Filed 5-1-06; 8:45 am]
BILLING CODE 6560-50-P