[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52656-52659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7409]
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Part III
Environmental Protection Agency
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40 CFR Part 52
Approval and Promulgation of Air Quality Implementation Plans; Texas;
Final Rules
Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 /
Rules and Regulations
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2004-TX-0014; FRL-8216-2]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Rules for the Control of Highly Reactive Volatile Organic
Compounds in the Houston/Galveston/Brazoria Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving rules adopted by the Texas Commission on
Environmental Quality (TCEQ) for the control of highly reactive
Volatile Organic Compounds (HRVOCs) in the Houston/Galveston/Brazoria
(HGB) ozone nonattainment area. These rules for the control of HRVOCs
supplement Texas' existing rules for controlling volatile organic
compounds (VOC) by providing more extensive requirements for certain
equipment in HRVOC service. These additional controls of HRVOC
emissions will help to attain and maintain the national ambient air
quality standards (NAAQS) for ozone in HGB.
DATES: This rule is effective on October 6, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2004-TX-0014. All documents in the docket are listed on
the http://www.regulations.gov Web site. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
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, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone (214) 665-7242; fax number
214-665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' are used, we mean the EPA.
What Action is EPA Taking?
We are approving portions of revisions to the SIP submitted by the
State of Texas in letters dated January 23, 2003, November 7, 2003,
March 26, 2004 and December 17, 2004. We are approving the portions of
these revisions that pertain to the control of HRVOCs. These rules,
which are codified at 30 TAC Chapter 115, Subchapter H, apply to
facilities in the HGB ozone nonattainment area. We are also approving
the associated revisions to the definitions section of 30 Texas
Administrative Code (TAC) 115.10. The revisions are approved pursuant
to section 110 and part D of the Federal Clean Air Act (the Act).
What is the Background for this Action?
These rules to control HRVOCs were adopted by TCEQ based on recent
findings that certain highly reactive chemicals (ethylene, propylene,
1,3 butadiene and butenes) contribute disproportionately to the ozone
problem in the HGB area. EPA issued a proposed approval of these rule
revisions on April 7, 2005 (70 FR 17640). In EPA's proposed approval,
we explained the rationale for our approval and solicited comments for
30 days.
What Comments Were Received on the Proposed Approval?
Only one comment letter was received regarding the proposed
approval and it was supportive of the proposed action.
What does Federal approval of a State regulation mean to me?
Enforcement of the State regulation before and after it is
incorporated into the federally approved SIP is primarily a state
function. However, once the regulation is federally approved, the EPA
and the public may take enforcement action against violators of these
regulations if the state fails to do so. In addition, only regulations
that have been federally approved can be credited toward an area's
attainment or rate of progress plan. EPA has proposed approval of the
ozone attainment plan for the HGB area. The measures to control HRVOCs
in this approval are part of the control strategy to demonstrate
attainment of the ozone standard.
What General Requirements do the Rules Establish?
The rules establish improved monitoring requirements for flares,
cooling towers, process vents and pressure relief valves. The rules
establish a 1200 lb/hour site-wide short-term limit on HRVOCs for
sources in Harris County. In addition, the improved source monitoring
provides the information necessary for sources to demonstrate
compliance with an annual cap and trade program controlling emissions
of HRVOCs from cooling tower, process vents, pressure relief devices
and flares contained in 30 TAC Chapter 101. EPA proposed approval of
the HRVOC cap and trade program on October 5, 2005 (70 FR 58112). Also,
to better control fugitive emissions of HRVOCs, the rules being
approved here establish more stringent leak detection and repair work
practice requirements.
Why are We Approving these Rules?
The addition of these rules for the control of HRVOCs will
supplement Texas' existing rules controlling volatile organic compounds
(VOC) and provide improvements to the Texas SIP's VOC Reasonably
Available Control Technology (RACT) rules. These additional controls of
HRVOC emissions will help to attain and maintain the national ambient
air quality standards (NAAQS) for ozone in HGB. Today's actions makes
the revised regulations federally enforceable.
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
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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, A
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 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 November 6, 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 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 24, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
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2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 115 (Reg 5), immediately
following the entry for Section 115.629, by adding a new centered
heading ``Subchapter H--Highly-Reactive Volatile Organic Compounds'',
followed by new entries for Sections 115.720 to 115.789 to read as
follows.
Sec. 52.2270 Identification of plan.
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(c) * * *
EPA-Approved Regulations in the Texas SIP
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State approval/
State citation Title/subject submittal date EPA approval date Explanation
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Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
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Section 115.629......................... Affected Counties and Compliance 10/27/04 02/10/05, 70 FR 7043..................
Schedules.
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Subchapter H--Highly-Reactive Volatile Organic Compounds
Division 1: Vent Gas Control
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Section 115.720......................... Applicability and Definitions... 12/01/2004 9/06/2006 [Insert FR citation from
published date].
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Section 115.722......................... Site-wide Cap and Control 12/01/2004 9/06/2006 [Insert FR citation from
Requirements. published date].
Section 115.725......................... Monitoring and Testing 12/01/2004 9/06/2006 [Insert FR citation from
Requirements. published date].
Section 115.726......................... Recordkeeping and Reporting 12/01/2004 9/06/2006 [Insert FR citation from
Requirements. published date].
Section 115.727......................... Exemptions...................... 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.729......................... Counties and Compliance 12/01/2004 9/06/2006 [Insert FR citation from
Schedules. published date].
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Division 2: Cooling Tower Heat Exchange Systems
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Section 115.760......................... Applicability and Cooling Tower 12/01/2004 9/06/2006 [Insert FR citation from
Heat Exchange System published date].
Definitions.
Section 115.761......................... Site-wide Cap................... 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.764......................... Monitoring and Testing 12/01/2004 9/06/2006 [Insert FR citation from
Requirements. published date].
Section 115.766......................... Recordkeeping and Reporting 12/01/2004 9/06/2006 [Insert FR citation from
Requirements. published date].
Section 115.767......................... Exemptions...................... 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.769......................... Counties and Compliance 12/01/2004 9/06/2006 [Insert FR citation from
Schedules. published date].
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Division 3: Fugitive Emissions
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Section 115.780......................... Applicability................... 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.781......................... General Monitoring and 12/01/2004 9/06/2006 [Insert FR citation from
Inspection Requirements. published date].
Section 115.782......................... Procedures and Schedule for Leak 12/01/2004 9/06/2006 [Insert FR citation from
Repair and Follow-up. published date].
Section 115.783......................... Equipment Standards............. 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.786......................... Recordkeeping Requirements...... 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.787......................... Exemptions...................... 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.788......................... Audit Provisions................ 12/01/2004 9/06/2006 [Insert FR citation from
published date].
Section 115.789......................... Counties and Compliance 12/01/2004 9/06/2006 [Insert FR citation from
Schedules. published date].
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[FR Doc. 06-7409 Filed 9-5-06; 8:45 am]
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