[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Rules and Regulations]
[Pages 38102-38107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18345]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2009-0214; FRL-8939-4]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Control of Emissions of Nitrogen Oxides (NOX)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking a direct final action to approve revisions
to the Texas State Implementation Plan (SIP). We are approving
revisions to 30 TAC Chapter 117, ``Control of Air Pollution from
Nitrogen Compounds,'' that the State submitted on March 10, 2009. These
revisions amend the Beaumont-Port Arthur (BPA) 8-Hour Ozone
Nonattainment Area Major Source rules, the Houston-Galveston-Brazoria
(HGB) 8-Hour Ozone Nonattainment Area Major Source rules, and the HGB
8-Hour Ozone Nonattainment Area Minor Source rules. These revisions add
flexibility and consistency to the current stationary reciprocating
internal combustion engine and gas turbine monitoring specifications
found in Chapter 117 by allowing for an additional option for
monitoring nitrogen oxides (NOX) emissions. These revisions
are consistent with the Clean Air Act (CAA). Therefore, EPA is
approving these revisions pursuant to section 110 of the CAA.
DATES: This direct final rule will be effective September 29, 2009
without further notice unless EPA receives relevant adverse comments by
August 31, 2009. If adverse comments are received, EPA will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2009-0214, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Please follow the online instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6comment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at [email protected]. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2009-
0214. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a fee of 15 cents
per page 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 during
official business hours, by appointment, at the Texas Commission on
Environmental Quality (TCEQ), Office of Air Quality, 12124 Park 35
Circle, Austin, Texas 78753.
[[Page 38103]]
FOR FURTHER INFORMATION CONTACT: Dayana Medina, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7241; fax number
214-665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.
Outline
I. Background
A. What Action Is EPA Taking?
B. What Are NOX?
C. What Is Ozone, and Why Do We Regulate It?
D. What Is a SIP?
E. What Did the State Submit?
1. Beaumont-Port Arthur 8-Hour Ozone Nonattainment Area Major
Sources
2. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area
Major Sources
3. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area
Minor Sources
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
A. What Action Is EPA Taking?
Today we are approving revisions to the Texas SIP that amend 30 TAC
Chapter 117, Control of Air Pollution from Nitrogen Compounds. These
revisions amend the BPA 8-Hour Ozone Nonattainment Area Major Source
rules, the HGB 8-Hour Ozone Nonattainment Area Major Source rules, and
the HGB 8-Hour Ozone Nonattainment Area Minor Source rules, as
submitted by the TCEQ to EPA on March 10, 2009. These revisions are
substantive in nature, allowing for an additional option for monitoring
nitrogen oxides (NOX) emissions. This will result in
additional flexibility and consistency in the current stationary
reciprocating internal combustion engine and gas turbine monitoring
specifications found in Chapter 117. This additional option is expected
to be equally effective as totalizing fuel flow meters in the
monitoring of NOX emissions at major stationary sources in
the BPA 8-hour ozone nonattainment area and at both major and minor
stationary sources in the HGB 8-hour ozone nonattainment area. We are
approving these revisions in accordance with section 110 of the CAA.
The EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no relevant
adverse comments. However, in the proposed rules section of this
Federal Register publication, we are publishing a separate document
that will serve as the proposal to approve the SIP revisions if
relevant adverse comments are received. This rule will be effective on
September 29, 2009 without further notice unless we receive relevant
adverse comment by August 31, 2009. If we receive relevant adverse
comments, we will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so now. Please
note that if we receive 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 of the
rule that are not the subject of an adverse comment.
B. What Are NOX?
Nitrogen oxides (NOX) belong to the group of criteria
air pollutants. NOX are produced from burning fuels,
including gasoline and coal. Nitrogen oxides react with volatile
organic compounds (VOC) to form ground-level ozone or smog, and are
also major components of acid rain. For more information on
NOX see http://www.epa.gov/air/urbanair/nox/.
C. What Is Ozone, and Why Do We Regulate It?
Ozone is a gas composed of three oxygen atoms. Ground-level ozone
is generally not emitted directly from a vehicle's exhaust or an
industrial smokestack, but is created by a chemical reaction between
NOX and VOCs in the presence of sunlight and high ambient
temperatures. Thus, ozone is known primarily as a summertime air
pollutant. NOX and VOCs are precursors of ozone. Motor
vehicle exhaust and industrial emissions, gasoline vapors, chemical
solvents and natural sources emit NOX and VOCs. Urban areas
tend to have high concentrations of ground-level ozone, but areas
without significant industrial activity and with relatively low
vehicular traffic are also subject to increased ozone levels because
wind carries ozone and its precursors hundreds of miles from their
sources.
Repeated exposure to ozone pollution may cause lung damage. Even at
very low concentrations, ground-level ozone triggers a variety of
health problems including aggravated asthma, reduced lung capacity, and
increased susceptibility to respiratory illnesses like pneumonia and
bronchitis. It can also have detrimental effects on plants and
ecosystems.
D. What Is a SIP?
Section 110 of the CAA requires States to develop air pollution
regulations and control strategies to ensure that air quality meets the
National Ambient Air Quality Standards (NAAQS) established by EPA. The
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set of
air pollution regulations, control strategies, other means or
techniques, and technical analyses developed by the State, to ensure
that air quality in the State meets the NAAQS. A SIP protects air
quality primarily by addressing air pollution at its point of origin. A
SIP can be extensive, containing State regulations or other enforceable
documents, and supporting information such as emissions inventories,
monitoring networks, and modeling demonstrations. Each State must
submit regulations and control strategies to EPA for approval and
incorporation into the Federally-enforceable SIP.
E. What Did the State Submit?
Table A below contains a summary list of sections in 30 TAC Chapter
117 that we are approving into the Texas SIP with this rulemaking
action.
Table A--30 TAC Chapter 117--Section Numbers and Section Descriptions
Affected by This Rulemaking
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Section No. Description
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Section 117.140.............. Continuous Demonstration of Compliance.
Section 117.145.............. Notification, Recordkeeping, and
Reporting Requirements.
Section 117.340.............. Continuous Demonstration of Compliance.
Section 117.345.............. Notification, Recordkeeping, and
Reporting Requirements.
Section 117.2035............. Monitoring and Testing Requirements.
Section 117.2045............. Recordkeeping and Reporting Requirements.
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[[Page 38104]]
For more information, see sections E(1), E(2), and E(3) of this
document.
1. Beaumont-Port Arthur 8-Hour Ozone Nonattainment Area Major Sources
The BPA 8-Hour Ozone Nonattainment Area Major Source rules are
found in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen
Compounds; Subchapter B, Combustion Control at Major Industrial,
Commercial, and Institutional Sources in Ozone Nonattainment Areas;
Division 1, Beaumont-Port Arthur Ozone Nonattainment Area Major
Sources. Revisions to the BPA 8-Hour Ozone Nonattainment Area Major
Source rules were adopted by the State on February 11, 2009, and
submitted to EPA for approval into the SIP on March 10, 2009. We
provided comments to TCEQ concerning the SIP revision in a letter dated
September 15, 2008. Our comment letter to TCEQ is a part of the docket
for this rulemaking action and available for public inspection.
Section 117.140 (Continuous Demonstration of Compliance) currently
requires stationary reciprocating internal combustion engines and
stationary gas turbines located at major sources of NOX in
the BPA 8-hour ozone nonattainment area to have a fuel flow meter
installed. The totalizing fuel flow meter is used to measure the
activity rate of the engine, and the activity rate is used as an
indirect indication of NOX emissions from these sources. The
revision to section 117.140(a)(2) that we are approving adds new
subparagraph (D), providing an output-based monitoring alternative to
the totalizing fuel flow meter requirement and thereby adding
monitoring flexibility for owners and operators of the affected units.
New subparagraph (D) reads as follows: ``Stationary reciprocating
internal combustion engines and stationary gas turbines equipped with a
continuous monitoring system that continuously monitors horsepower and
hours of operation are not required to install totalizing fuel flow
meters. The continuous monitoring system must be installed, calibrated,
maintained, and operated according to manufacturers' recommended
procedures.'' The EPA is approving this revision because we consider
continuous monitoring of horsepower output and hours of operation to be
as effective as monitoring of fuel flow in the indirect indication of
NOX emissions. Both methods monitor the activity rate of the
engine, and these measures are used to indirectly determine
NOX emissions. In addition, this revision is consistent with
an option currently allowed under section 117.440(a)(2)(D) for engines
in the Dallas-Fort Worth (DFW) 8-hour ozone nonattainment area, which
we approved on December 3, 2008 (73 FR 73562).
The revision to section 117.145 (Notification, Recordkeeping, and
Reporting Requirements) adds a new paragraph (10) to subsection (f),
specifying recordkeeping requirements. Existing section 117.145(f)
consists of the recordkeeping requirements for units subject to
Division 1 (Beaumont-Port Arthur Ozone Nonattainment Area Major
Sources). Existing subsection (f) directs owners or operators of
subject units to maintain written or electronic records of specified
data for a period of at least five years and make available upon
request by authorized representatives of the executive director of the
TCEQ, the EPA, or local air pollution control agencies having
jurisdiction. New paragraph (10) in section 117.145(f), concerning the
recordkeeping requirements of output-based monitoring data, reads that
the records specified in subsection (f) must include ``for each
stationary reciprocating internal combustion engine and stationary gas
turbine for which the owner or operator elects to use the alternative
monitoring system allowed under section 117.140(a)(2)(D) of this title,
records of the daily average horsepower and total daily hours of
operation. Units that are monitored according to section
117.140(a)(2)(D) of this title are not required to keep records of
annual fuel usage as required by paragraph (1) of this subsection.''
New paragraph (10) in section 117.145(f) will ensure that recordkeeping
requirements are consistent with the horsepower and hours of operation
data that would be collected by the output-based alternative monitoring
provision found in new subparagraph (D) of section 117.140(a)(2). The
EPA is approving this revision because it will provide for appropriate/
accurate recordkeeping and reporting of records for each affected
stationary reciprocating internal combustion engine and stationary gas
turbine utilizing the output-based alternative monitoring system
provision.
2. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area Major
Sources
The HGB 8-Hour Ozone Nonattainment Area Major Source rules are
found in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen
Compounds; Subchapter B, Combustion Control at Major Industrial,
Commercial, and Institutional Sources in Ozone Nonattainment Areas;
Division 3, Houston-Galveston-Brazoria Ozone Nonattainment Area Major
Sources. Revisions to the HGB 8-Hour Ozone Nonattainment Area Major
Source rules were adopted by the State on February 11, 2009 and
submitted to EPA for approval into the SIP on March 10, 2009. We
provided comments to TCEQ concerning the SIP revision in a letter dated
September 15, 2008. Our comment letter to TCEQ is a part of the docket
for this rulemaking action and available for public inspection.
Section 117.340 (Continuous Demonstration of Compliance) currently
requires stationary reciprocating internal combustion engines and
stationary gas turbines located at major sources of NOX in
the HGB 8-hour ozone nonattainment area to have a fuel flow meter
installed. The totalizing fuel flow meter is used to measure the
activity rate of the engine, and the activity rate is used as an
indirect indication of NOX emissions from these sources. The
revision to section 117.340(a)(2) that we are approving adds new
subparagraph (D), providing an output-based monitoring alternative to
the totalizing fuel flow meter requirement and thereby adding
monitoring flexibility for owners and operators of the affected units.
New subparagraph (D) reads as follows: ``Stationary reciprocating
internal combustion engines and stationary gas turbines equipped with a
continuous monitoring system that continuously monitors horsepower and
hours of operation are not required to install totalizing fuel flow
meters. The continuous monitoring system must be installed, calibrated,
maintained, and operated according to manufacturers' recommended
procedures.'' The EPA is approving this revision because we consider
continuous monitoring of horsepower output and hours of operation to be
as effective as a totalizing fuel flow meter in the indirect indication
of NOX emissions. Both methods monitor the activity rate of
the engine, and these measures are used to indirectly determine
NOX emissions. The output-based monitoring alternative
provides activity data equivalent with the existing monitoring
specifications and can easily be converted into an annual mass emission
rate for compliance with the MECT program.\1\ In
[[Page 38105]]
addition, this revision is consistent with an option currently allowed
under section 117.440(a)(2)(D) for engines in the DFW 8-hour ozone
nonattainment area, which we approved on December 3, 2008 (73 FR
73562).
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\1\ During the comment period, we provided comments to TCEQ
concerning the SIP revision in a letter dated September 15, 2008. In
the letter, EPA noted that NOX emitting facilities in the
HGB area are subject to the Mass Emissions Cap and Trade (MECT)
program. We asked the TCEQ to explain how a source in the HGB area
which elects to use the output-based monitoring alternative option
would be able to determine its mass emissions to show compliance
with the MECT. Our letter and the TCEQ's response can be found in
the State's submittal, which is in the docket for this rulemaking
action.
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The revision to Section 117.345 (Notification, Recordkeeping, and
Reporting Requirements) adds a new paragraph (12) to subsection (f),
specifying recordkeeping requirements. Existing section 117.345(f)
consists of the recordkeeping requirements for units subject to
Division 3 (Houston-Galveston-Brazoria Ozone Nonattainment Area Major
Sources). Existing subsection (f) directs owners or operators of
subject units to maintain written or electronic records of specified
data for a period of at least five years and make available upon
request by authorized representatives of the executive director of the
TCEQ, the EPA, or local air pollution control agencies having
jurisdiction. New paragraph (12) in section 117.345(f), which specifies
the recordkeeping requirements of output-based monitoring data, reads
that the records specified in subsection (f) must include ``for each
stationary reciprocating internal combustion engine and stationary gas
turbine for which the owner or operator elects to use the alternative
monitoring system allowed under section 117.340(a)(2)(D) of this title,
records of the daily average horsepower and total daily hours of
operation. Units that are monitored according to section
117.340(a)(2)(D) of this title are not required to keep records of
annual fuel usage as required by paragraph (1) of this subsection.''
New paragraph (12) in section 117.345(f) will ensure that recordkeeping
requirements are consistent with the horsepower and hours of operation
data that would be collected by the output-based alternative monitoring
provision found in new subparagraph (D) of section 117.340(a)(2). The
EPA is approving this revision because it will provide for appropriate/
accurate recordkeeping and reporting of records for each affected
stationary reciprocating internal combustion engine and stationary gas
turbine utilizing the output-based alternative monitoring system
provision.
3. Houston-Galveston-Brazoria 8-Hour Ozone Nonattainment Area Minor
Sources
The HGB 8-Hour Ozone Nonattainment Area Minor Source rules are
found in 30 TAC Chapter 117, Control of Air Pollution from Nitrogen
Compounds; Subchapter D, Combustion Control at Minor Sources in Ozone
Nonattainment Areas; Division 1, Houston-Galveston-Brazoria Ozone
Nonattainment Area Minor Sources. Revisions to the HGB 8-Hour Ozone
Nonattainment Area Minor Source rules were adopted by the State on
February 11, 2009 and submitted to EPA for approval into the SIP on
March 10, 2009. We provided comments to TCEQ concerning the SIP
revision in a letter dated September 15, 2008. Our comment letter to
TCEQ is a part of the docket for this rulemaking action and available
for public inspection.
Section 117.2035 (Monitoring and Testing Requirements) currently
requires stationary reciprocating internal combustion engines and
stationary gas turbines located at minor stationary sources of
NOX in the HGB 8-hour ozone nonattainment area to have a
fuel flow meter installed. The totalizing fuel flow meter is used to
measure the activity rate of the engine, which is used as an indirect
indication of NOX emissions from these sources. The revision
to section 117.2035(a)(2) that we are approving adds a new subparagraph
(G), providing an output-based monitoring alternative for stationary
reciprocating internal combustion engines and stationary gas turbines
and thereby adding monitoring flexibility for the owners and operators
of the affected units. New subparagraph (G) reads as follows:
``Stationary reciprocating internal combustion engines and stationary
gas turbines equipped with a continuous monitoring system that
continuously monitors horsepower and hours of operation are not
required to install totalizing fuel flow meters. The continuous
monitoring system must be installed, calibrated, maintained, and
operated according to manufacturer's procedures.'' The EPA is approving
this revision because we consider continuous monitoring of horsepower
output and hours of operation to be as effective as a totalizing fuel
flow meter in the indirect indication of NOX emissions. Both
methods monitor the activity rate of the engine, and these measures are
used to indirectly determine NOX emissions. The output-based
monitoring alternative provides activity data equivalent with the
existing monitoring specifications and can easily be converted into an
annual mass emission rate for compliance with the MECT program. In
addition, this revision is consistent with an option currently allowed
under section 117.440(a)(2)(D) for engines in the DFW 8-hour ozone
nonattainment area, which we approved on December 3, 2008 (73 FR
73562).
Section 117.2045 concerns Recordkeeping and Reporting Requirements.
The revision to subsection (a) in section 117.2045 adds new paragraph
(7), specifying recordkeeping requirements. Existing section
117.2045(a) consists of the recordkeeping requirements for units
subject to Division 1 (Houston-Galveston-Brazoria Ozone Nonattainment
Area Minor Sources). Existing subsection (a) directs owners or
operators of subject units to maintain written or electronic records of
specified data for a period of at least five years and make available
upon request by authorized representatives of the executive director of
the TCEQ, the EPA, or local air pollution control agencies having
jurisdiction. New paragraph (7) in section 117.2045(a), which specifies
the recordkeeping requirements of output-based monitoring data, reads
that the records specified in subsection (a) must include ``records of
daily average horsepower and total daily hours of operation for each
stationary reciprocating internal combustion engine or stationary gas
turbine that the owner or operator elects to use the alternative
monitoring system allowed under section 117.2035(a)(2)(G) of this
title. Units that are monitored according to section 117.2035(a)(2)(G)
of this title are not required to keep records of annual fuel usage as
required by paragraph (1) of this subsection.'' New paragraph (7) in
section 117.2045(a) ensures that recordkeeping requirements are
consistent with the horsepower and hours of operation data that would
be collected by the output-based alternative monitoring provision found
in new subparagraph (G) of section 117.2035(a)(2). The EPA is approving
this revision because it is necessary to ensure the accurate
recordkeeping and reporting for each stationary reciprocating internal
combustion engine and stationary gas turbine for which the owner or
operator elects to use the output-based alternative monitoring system
allowed under section 117.2035(a)(2)(G). Accurate recordkeeping is
essential for the proper monitoring and control of NOX
emissions, which in turn assists in the improvement of air quality.
II. Final Action
Today we are approving revisions to 30 TAC Chapter 117 into the
Texas SIP. We are approving revisions to the BPA 8-Hour Ozone
Nonattainment Area Major Source rules, the HGB 8-Hour Ozone
Nonattainment Area Major Source rules, and the HGB 8-Hour
[[Page 38106]]
Ozone Nonattainment Area Minor Source rules. We are approving these SIP
revisions, which add flexibility and consistency to the current
stationary reciprocating internal combustion engine and gas turbine
monitoring specifications found in Chapter 117 by allowing for an
additional option for monitoring NOX emissions. We are
approving these revisions pursuant to section 110 of the CAA because
the revisions provide an additional effective monitoring method that
will provide flexibility while maintaining the enforceability of the
rules.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act;
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994); and
Does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on Tribal
governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 29, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See Section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxide, Reporting and recordkeeping requirements, Ozone, Volatile
organic compounds.
Dated: July 21, 2009.
Carl E. Edlund,
Acting Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under ``Chapter 117--Control of Air
Pollution From Nitrogen Compounds'' as follows:
0
a. Under Subchapter B, Division 1, by revising the entries for Sections
117.140 and 117.145;
0
b. Under Subchapter B, Division 3, by revising the entries for Sections
117.340 and 117.345;
0
c. Under Subchapter D, Division 1, by revising the entries for Sections
117.2035 and 117.2045.
The revisions read as follows:
Sec. 52.2270 Identification of plan
* * * * *
(c) * * *
EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
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* * * * * * *
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Chapter 117--Control of Air Pollution From Nitrogen Compounds
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[[Page 38107]]
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Subchapter B--Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone
Nonattainment Areas
Division 1--Beaumont-Port Arthur Ozone Nonattainment Area Major Sources
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Section 117.140............... Continuous 2/11/2009 7/31/2009 [Insert FR
Demonstration of page number where
Compliance. document begins].
Section 117.145............... Notification, 2/11/2009 7/31/2009 [Insert FR
Recordkeeping, and page number where
Reporting document begins].
Requirements.
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Division 3--Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources
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Section 117.340............... Continuous 2/11/2009 7/31/2009 [Insert FR ................
Demonstration of page number where
Compliance. document begins].
Section 117.345............... Notification, 2/11/2009 7/31/2009 [Insert FR ................
Recordkeeping, and page number where
Reporting document begins].
Requirements.
* * * * * * *
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Subchapter D--Combustion Control at Minor Sources in Ozone Nonattainment Areas
Division 1--Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources
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Section 117.2035.............. Monitoring and Testing 2/11/2009 7/31/2009 [Insert FR
Requirements. page number where
document begins].
Section 117.2045.............. Recordkeeping and 2/11/2009 7/31/2009 [Insert FR
Reporting page number where
Requirements. document begins].
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[FR Doc. E9-18345 Filed 7-30-09; 8:45 am]
BILLING CODE 6560-50-P