Federal Register: March 16, 2001 (Volume 66, Number 52)
DOCID: FR Doc 01-6466
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
TX ID: [TX-126-2-7486; FRL-6952-9]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Implementation Plans; Texas; Electric Generating Facilities; and Major Stationary Sources of Nitrogen Oxides for the Dallas/Fort Worth Ozone Nonattainment Area
EFFECTIVE DATES: This rule is effective on April 16, 2001.
DOCUMENT SUMMARY:
The EPA is approving revisions to the Texas State
Implementation Plan (SIP). The revisions concern two separate actions.
First, we are approving revisions to the Texas Nitrogen Oxides
(NO
SUMMARY:
Texas,
SUPPLEMENTAL INFORMATION
I. Background
1. What Are We Approving?
2. What Does the SIP Revision for Electric Generating Facilities in East and Central Texas Say?
3. What Does the SIP Revision for Major Stationary Sources in the D/ FW Area Say?
4. What Are NO
5. What Is a Nonattainment Area?
6. What Are Definitions of Major Sources for NO
8. What Is the Federal Approval Process for a SIP?
9. What Does Federal Approval of a SIP Mean to Me?
10. What Areas in Texas Will This Action Affect?
Throughout this document ``we,'' ``us,'' and ``our'' means EPA. 1. What Are We Approving?
On October 31, 2000, the EPA proposed to approve three revisions to
the Texas SIP rules for the control of air pollution from nitrogen
compounds, submitted by the State on April 30, 2000 (65 FR 64914): (1)
Revisions to NO
Specifically, we are approving the following rule revisions with
regards to utility electric generating facilities in East and Central
Texas: New sections 117.131 concerning Applicability, 117.133
concerning Exemptions, 117.134 concerning Gas Fired Steam Generation,
117.135 concerning Emission Specification, 117.138 concerning System
Cap, 117.141 concerning Initial Demonstration of Compliance, 117.143
concerning Continuous Demonstration of Compliance, 117.145 concerning
Final Control Plan Procedures, 117.147 concerning Revision of Final Control
[[Page 15196]]
Plan, 117.149 concerning Notification, Recordkeeping, and Reporting
Requirements, 117.512 concerning Compliance Schedule for Utility
Electric Generation in East and Central Texas; and a revision to the
existing SIPapproved section 117.10 concerning Definitions. We are
approving these rule revisions under part D of the Act because Texas is
relying on these NO
2. What Does the SIP Revision for Electric Generating Facilities in East and Central Texas Say?
This revision requires reductions of NO
Table I.Affected Sources and NO
by utilities and subject to TUC
39.263(b).
All other units.................. May 1, 2005.
We are approving the NO
This revision requires reductions in emissions of NO
[[Page 15197]]
Table III.Affected Sources, Emission Specifications, and Locations for
Major Stationary Sources in the D/FW Ozone Nonattainment Area Emission
Source specification Location
Gas fired boilers
Utility boilerspart of a large 0.033 lb NO
Utility boilerspart of a small 0.06 lb NO
Lean burn stationary engine
liquidfired engines.
Table IV.Affected Sources and Their Compliance Schedules for Utility Electric Generation Units in D/FW Ozone
Nonattainment Area
Source type Compliance date
RACT........................................... No later than November 15, 1999.
\2/3\ NO
Nitrogen oxides belong to the group of criteria air pollutants.
NO
5. 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.
6. What Are Definitions of Major Sources for NO
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
NO
According to section 182(d) and 182(f)of the Act, a major source in
a severe nonattainment area is a source that emits, when uncontrolled,
25 tpy or more of NO
7. 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 that EPA has established. Under section 109 of the Act, EPA established the NAAQS to protect public health. The NAAQS address six criteria pollutants. These criteria pollutants are: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.
Each State submits these regulations and control strategies to us for approval and incorporation into the federally enforceable SIP. These SIPs can be extensive, containing State regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations. 8. What Is the Federal Approval Process for a SIP?
When a State wants to incorporate its regulations into the federally enforceable SIP, the State 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 stateauthorized rulemaking body.
Once a State adopts a rule, regulation, or control strategy, the State may submit the adopted provisions to us and request that we include these provisions in the federally enforceable SIP. We must then decide on an appropriate Federal action, provide public notice on this action, and seek additional public comment regarding this action. If we receive adverse comments, we must address them prior to a final action.
Under section 110 of the Act, when we approve all State regulations
and supporting information, those State regulations and supporting
information become a part of the federally approved SIP. You can find
records of these SIP actions in the Code of Federal Regulations at Title 40, part 52, entitled ``Approval and Promulgation of
[[Page 15198]]
Implementation Plans.'' The actual State regulations that we 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.
9. What Does Federal Approval of a SIP Mean to Me?
A State may enforce State regulations before and after we incorporate those regulations into a federally approved SIP. After we incorporate those regulations into a federally approved SIP, both EPA and the public may also take enforcement action in federal courts against violators of these regulations.
10. What Areas in Texas Will This Action Affect?
The following table contains lists of affected counties and the revisions we are approving.
Table VI.Rules Log Number, Rules Revision, and Affected Areas for Texas NO
If you are in one of these Texas counties, you should refer to the
Texas NO
II. Final Action
Pursuant to sections 110 and 116 and part D of the Act, we are
finalizing the approval of revisions to Texas Rule 30 TAC, Chapter 117,
regulations for the control of air pollution from nitrogen compounds,
as a revision to the Texas NO
III. Administrative Requirements
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. 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 preexisting 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 (Public Law 1044). This rule also does 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), nor will it 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), because it 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 Act. This rule also is not subject to Executive Order 13045 (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 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 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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. 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. The 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). This rule will be effective April 16, 2001.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States [[Page 15199]]
Court of Appeals for the appropriate circuit by May 15, 2001. 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) of the Act. List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Nitrogen dioxide, Nitrogen oxides, Nonattainment, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 2, 2001.
Jerry Clifford,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SSTexas
2. In Sec. 52.2270(c), the table is amended under Chapter 117 as follows:
a. Under Subchapter A, revising the entry for section 117.10;
b. Under Subchapter B, revising the ``Division 1'' heading to read ``Division 1Utility Electric Generation in Ozone Nonattainment Areas,'' revising the entries for sections 117.104, 117.106, 117.108, 117.115, and 117.116, and removing the entry for section 117.109;
c. Under Subchapter B, by redesignating ``Division 2'' with all of its entries as ``Division 3,'' and adding a new ``Division 2'' heading to read ``Division 2Utility Electric Generation in East and Central Texas,'' and adding new sections 117.131, 117.133, 117.134, 117.135, 117.138, 117.141, 117.143, 117.145, 117.147, and 117.149;
d. Under Subchapter B, revising ``Division 3'' heading to read ``Division 3Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas'', and revising the entries for sections 117.205, 117.206, 117.216, and 117.223;
e. Under Subchapter E, adding a new entry for section 117.512, revising the entries for sections 117.510, 117.520, and 117.570;
f. Removing the ``Subchapter F: GasFired Steam Generation'' heading and removing the entry for section 117.601.
The additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA Approved Regulations in the Texas SIP
State
State citation Title/Subject adoption EPA approval date Explanation
date
* * * * * * *
Chapter 117 (Reg 7)CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS
Subchapter ADefinitions
Section 117.10............. Definitions............ 04/19/2000 [Insert Federal .......................
Register
publication date
and page number].
Subchapter BCombustion at Existing Major Sources
Division 1Utility Electric Generation in Ozone Nonattainment Areas
* * * * * * *
Section 117.104............ Gas Fired Steam 04/19/2000 [Insert Federal For B/PA and D/FW
Generation. Register nonattainment areas.
publication date
and page number].
* * * * * * *
Section 117.106............ Emission Specifications 04/19/2000 [Insert Federal For B/PA and D/FW
for Attainment Register nonattainment areas.
Demonstrations. publication date Note: 117.106(c)
and page number]. relating to CO and
date and ammonia not
submitted as part of
DFW SIP. 117.106 (c)
is retained for B/PA.
* * * * * * *
Section 117.108............ System Cap............. 04/19/2000 [Insert Federal For B/PA and D/FW
Register nonattainment areas.
publication date
and page number].
* * * * * * *
Section 117.115............ Final Control Plan 04/19/2000 [Insert Federal For B/PA and D/FW
Procedures for Register nonattainment areas.
Reasonably Available publication date
Control Technologies. and page number].
Section 117.116............ Final Control Plan 04/19/2000 [Insert Federal For B/PA and D/FW
Procedures for Register nonattainment areas.
Attainment publication date
Demonstration Emission and page number]. Specifications.
* * * * * * *
Division 2Utility Electric Generation in East and Central Texas
Section 117.131............ Applicability.......... 04/19/2000 [Insert Federal New, regional utility
Register NO
Section 117.134............ GasFired Steam 04/19/2000 [Insert Federal New, regional utility
Generation. Register NO
Section 117.205............ Emission Specifications 04/19/2000 [Insert Federal .......................
for Reasonably Register
Available Control publication date
Technology (RACT). and page number].
Section 117.206............ Emission Specifications 04/19/2000 [Insert Federal For B/PA and D/FW
for Attainment Register nonattainment areas.
Demonstrations. publication date
and page number].
* * * * * * *
Section 117.216............ Final Control Plan 04/19/2000 [Insert Federal For For B/PA and D/FW
Procedures for Register nonattainment areas.
Attainment publication date
Demonstration Emission and page number]. Specifications.
* * * * * * *
Section 117.223............ Source Cap............. 04/19/2000 [Insert Federal (b)(1)(B) requires
Register EPA's approval.
publication date
and page number].
* * * * * * *
Subchapter EAdministrative Provisions
Section 117.510............ Compliance Schedule for 04/19/2000 [Insert Federal (a) and (b) for B/PA
Utility Electric Register and D/FW nonattainment
Generation in Ozone publication date areas.
Nonattainment Areas. and page number].
Section 117.512............ Compliance Schedule for 04/19/2000 [Insert Federal New, regional utility
Utility Electric Register NO
Ozone Nonattainment
Areas.
* * * * * * *
Section 117.570............ Trading................ 04/19/2000 [Insert Federal For B/P and D/FW
Register nonattainment areas.
publication date
and page number].
* * * * * * *
[[Page 15201]]
[FR Doc. 016466 Filed 31501; 8:45 am]
BILLING CODE 656050U
FOR FURTHER INFORMATION CONTACT
Brooke Ivener, Air Planning Section (6PD), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 752022733, telephone (214) 6657362.