[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Rules and Regulations]
[Pages 12759-12762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6254]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX99-1-7389a; FRL-6239-5]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for Emissions of Volatile 
Organic Compounds (VOCs) From Wood Furniture Coating Operations and 
Ship Building and Repair Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: We, the EPA, are taking direct final action to include rules 
in the Texas State Implementation Plan (SIP). These rules control 
emissions of VOCs from Wood Furniture Coating Operations and Ship 
Building and Repair Operations. Texas submitted these rules in a letter 
dated April 13, 1998, to meet the Federal Clean Air Act's (the Act) 
requirements for Reasonably Available Control Technology (RACT).

DATES: This direct final rule is effective on May 14, 1999 unless we 
receive adverse comments by April 14, 1999. If we receive such 
comments, we 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: Written comments on this action should be addressed to Mr. 
Thomas Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 6 
Office listed below.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the following 
locations. Interested persons wanting to examine these documents should 
make an appointment with the appropriate office at least two working 
days in advance.
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), Multimedia Planning and Permitting Division, Dallas, 1445 Ross 
Avenue, Texas 75202-2733, telephone: (214) 665-7214.
    Texas Natural Resource Conservation Commission, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street, S.W., 
Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Guy R. Donaldson, Air Planning 
Section (6PD-L), Multimedia Planning and Permitting Division, 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, telephone: (214) 665-7242.

SUPPLEMENTARY INFORMATION:

What Action Is EPA Taking?

    We are approving revisions to Texas rules for the control of VOC 
emissions from Wood Furniture Coating Operations and from Ship Building 
and Repair Operations. These facilities emit VOCs, primarily during 
painting and solvent clean up operations. Texas based these rules on 
the EPA Control Technique Guidelines (CTGs) for these source 
categories. The approval of these rules means that we agree Texas is 
implementing RACT on these source categories as required by section 
182(b)(2)(A) and (C), and section 183 of the Act. Texas also is 
requiring that coating of offshore oil and gas platforms coated at 
shipbuilding/ship repair facilities meet the limits in the CTG. This 
approval will incorporate these rules into the Texas SIP. The authority 
for our approval of these rules is found in section 110, Part D and 
section 301 of the Act.

What Are the Clean Air Act's RACT Requirements?

    Section 172 of the Act contains general requirements for States to 
implement RACT in areas that do not meet the National Ambient Air 
Quality Standard (NAAQS). Section 182(b)(2) of the Act contains more 
specific requirements for moderate and above ozone nonattainment areas. 
In particular, 182(b)(2)(A) requires States to implement RACT on each 
category of VOC source covered by a CTG issued after enactment of the 
1990 Clean Air Act Amendments.
    On April 27, 1996, we issued a CTG for ship building and repair 
operations. On May 20, 1996, we issued a CTG for Wood furniture 
manufacturing operations. The State of Texas was then required to 
implement RACT requirements in its moderate and above ozone 
nonattainment areas based on the information in these CTGs.
    A related requirement of the Act in 182(b)(2)(C) calls for States 
to implement RACT on major sources of VOCs in ozone nonattainment area. 
The Act defines a major source as a facility that emits more than 100 
tons/year in a marginal or moderate ozone nonattainment area, 50 tons/
year in a serious ozone nonattainment area or 25 tons/year in a severe 
ozone nonattainment area. Texas submitted and we approved (61 FR 5589) 
declarations that, outside of the Houston ozone nonattainment area, 
there are no major shipbuilding and repair sources in ozone 
nonattainment areas. In the same Federal Register, we approved a 
declaration that, outside of the Dallas/Fort Worth nonattainment area, 
there were no major wood furniture manufacturing operations in ozone 
nonattainment areas in Texas.
    A CTG, however, can call for control of sources that emit less than 
a major source level of emissions if control of smaller sources is 
technically and economically feasible. The wood furniture CTG indicates 
that sources emitting as little as 25 tons/year can be controlled at 
reasonable cost even in serious or moderate ozone nonattainment area. 
Thus, the Texas rule calls for the control of wood furniture 
manufacturing operations that emit more than 25 tons/year in all of the 
ozone nonattainment areas in Texas.
    Texas has chosen to implement the shipbuilding and repair CTG in 
the

[[Page 12760]]

Beaumont/Port Arthur and Houston/Galveston areas because these 
operations would only be expected to occur in the coastal areas. The 
shipbuilding and repair CTG outlines reasonable controls based on the 
major source definition for a nonattainment area. Thus in the Beaumont/
Port Arthur area, only facilities emitting more than 100 tons/year are 
required to implement controls. Texas chose to implement the rules in 
Beaumont, in spite of the previous declaration that there were no major 
source ship building and repair facilities. In Houston, ship building 
and repair facilities that emit as little as 25 tons/year must be 
controlled.

Why Regulate VOCs?

    Oxygen in the atmosphere reacts with VOCs and Oxides of Nitrogen 
(NOX) to form ozone, a key component of urban smog. Inhaling 
even low levels of ozone can trigger a variety of health problems 
including chest pains, coughing, nausea, throat irritation, and 
congestion. It also can worsen bronchitis and asthma. Exposure to ozone 
can also reduce lung capacity in healthy adults.

What Is a SIP?

    Section 110 of the Act requires States to develop air pollution 
regulations and control strategies to ensure that state air quality 
meets the NAAQS established by the EPA. These ambient standards are 
established under section 109 of the Act and they address six criteria 
pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate 
matter and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the federally enforceable SIP. 
Each State has a SIP designed to protect air quality. These SIPs can be 
extensive, containing State regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What Is a Control Technique Guideline?

    A CTG is a document issued by EPA that includes information 
regarding technology and costs of various emissions control techniques 
that States can use to establish RACT. Each CTG contains a 
``presumptive norm'' for RACT for a specific source category. Where 
applicable, States should adopt rules consistent with the presumptive 
norm. If a State adopts rules consistent with the presumptive norm, we 
will approve the rules as RACT. States may choose to develop their own 
RACT requirements on a case by case basis, considering the economic and 
technical circumstances of an individual source. If we agree with the 
State's technical and economic analysis for a particular source, we can 
approve source specific RACT requirements that differ from the 
presumptive norm in the CTG.
    Section 183 of the Clean Air Act Amendments called for EPA to issue 
11 CTGs. One of these CTGs was the Wood Furniture CTG. In addition, 
section 183(b)(4) specifically directed EPA to issue a CTG for the 
control of emissions from ship building and repair operations.

What Do the State's Rules Require?

    Texas generally followed the presumptive norm in the CTGs. The 
requirements for ship building and repair and wood furniture coating 
can be found in the TNRCC's rules for Surface Coating Processes located 
at 30 TAC 115.420-115.429. These rules establish limits for the amount 
of VOCs that marine coatings and wood furniture coatings can contain 
when applied which are identical to those contained in the CTGs.
    The rules for wood furniture coating also establish new work 
practices as recommended by the CTG. For wood furniture coating 
operations, the rules generally prohibit the use of conventional air 
spray guns. Instead facilities must use, where possible, paint 
application equipment that will result in a lower percentage of paint 
over spray. Less over spray will result in lower emissions of VOCs.
    We reviewed the State's requirements against the recommendations in 
the CTGs and agree that RACT is being implemented for wood furniture 
operations and ship building. For further information regarding our 
review, please see the Technical Support Document located in the docket 
for this action.

Do These State Rules, Which EPA Is Now Approving, Apply to Me?

    These rules are intended to reduce VOC emissions in areas that do 
not meet NAAQS for ozone. Consequently, these rules apply to facilities 
located in the Dallas/Fort Worth (moderate), El Paso (serious), 
Beaumont/Port Arthur (moderate) and Houston/Galveston (severe) ozone 
nonattainment areas.
    Specifically, these rules apply to you if you are an owner or 
operator of a wood furniture coating operation that emits, when 
uncontrolled, more than 25 tons/year of VOCs, and you are located in 
Dallas, Denton, Tarrant, Collin, Hardin, Jefferson, Orange, Brazoria, 
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller or 
El Paso Counties. If you emit less than 25 tons/year VOCs when 
uncontrolled, you will need to continue to comply with Texas' existing 
rules for wood furniture coating contained at 115.421(a)(13).
    These rules apply to you if you are the owner or operator of a ship 
building operation or ship repair operation that emits more than 100 
tons/year of VOC, when uncontrolled, in Hardin, Jefferson or Orange 
counties. Also, these rules apply to you if you are the owner or 
operator of a ship building operation or ship repair operation that 
emits, when uncontrolled, more than 25 tons/year in Brazoria, Chambers, 
Fort Bend, Galveston, Harris, Liberty, Montgomery, or Waller Counties.

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.

What Is the Federal Approval Process for a SIP?

    In order for State regulations to be incorporated into the 
federally enforceable SIP, States must formally adopt the regulations 
and control strategies consistent with State and Federal requirements. 
This process generally includes a public notice, a public hearing, a 
public comment period, and a formal adoption by a state-authorized 
rulemaking body.
    Once a State rule, regulation, or control strategy is adopted, the 
State may submit the adopted provisions to us and request that these 
provisions be included in the federally enforceable SIP. We must then 
decide on an appropriate Federal action, provide public notice on this 
action, and seek additional public comment regarding this action. If 
adverse comments are received, we must address them prior to a final 
action.
    All State regulations and supporting information approved by the 
EPA under section 110 of the Act are incorporated into the federally 
approved SIP. Records of these SIP actions are maintained in the Code 
of Federal Regulations (CFR) at Title 40, part 52, entitled ``Approval 
and Promulgation of Implementation Plans.'' The actual State 
regulations which were approved are not reproduced in their entirety in 
the CFR but are ``incorporated by reference,'' which means that we have 
approved a given State regulation with a specific effective date.

[[Page 12761]]

What Is the Process for EPA's Approval of This SIP Revision?

    We are publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on May 14, 1999 without further notice 
unless we receive adverse comment by April 14, 1999. If we receive 
adverse comment, 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 at this 
time.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP will be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

Administrative Requirements

 Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Regulatory Flexibility

    The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions. This final rule will not have a significant 
impact on a substantial number of small entities because SIP approvals 
under section 110 and subchapter I, part D of the Act do not create any 
new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Act forbids EPA to base its actions concerning SIPs on such grounds. 
See Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 
U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate; or to private sector, of $100 
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated annual costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector.
    This Federal action approves preexisting requirements under State 
or local law, and imposes no new requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action.

D. Submission to Congress and the Comptroller General

    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 May 14, 1999.

E. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a State, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, E.O. 12875 requires EPA to provide to the Office of 
Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of State, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on State, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

F. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If the EPA complies by consulting, E.O. 13084 requires EPA 
to provide to OMB, in a separately identified section of the preamble 
to the rule, a description of the extent of EPA's prior consultation 
with representatives of affected tribal governments, a summary of the 
nature of their concerns, and a statement supporting the need to issue 
the regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on

[[Page 12762]]

matters that significantly or uniquely affect their communities.'' 
Today's rule does not significantly or uniquely affect the communities 
of Indian tribal governments. This action does not involve or impose 
any new requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

G. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 14, 1999. 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, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: March 1, 1999.
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 of part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

    2. Section 52.2270 is amended by adding paragraph (c)(117) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (117) Revisions to the Texas State Implementation Plan submitted to 
the EPA in a letter dated April 13, 1998. These revisions address 
Reasonably Available Control Technology for Wood Furniture coating 
operations and Ship Building and Repair. The revisions also address 
coating of oil and gas platforms at ship building and repair 
facilities.
    (i) Incorporation by Reference.
    (A) Revisions to Regulation V, as adopted by the Commission on 
March 18, 1998, effective April 7, 1998, sections 115.10. Definitions--
Introductory Paragraph, 115.420 Surface Coating Definitions, 115.420(a) 
General Surface Coating Definitions, 114.420(a)(1)-115.420(a)(10), 
115.420(b) Specific surface coating definitions--Introductory 
Paragraph, 115.420(b)(1), 115.420(b)(2), 115.420(b)(2)(A), 
115.420(b)(2)(B), 115.420(b)(3)-115.420(b)(9), 115.420(b)(10), 
115.420(b)(10)(A)-115.420(b)(10)(E), 115.420(b)(10)(F), 
115.420(b)(10)(F)(i)-115.420(b)(10)(F)(vii), 115.420(b)(10)(G), 
115.420(b)(11), 115.420(b)(12), 115.420(b)(12)(A)-115.420(b)(12)(FF), 
115.420(b)(13), 115.420(b)(13)(A), 115.420(b)(13)(A)(i), 
115.420(b)(13)(A)(ii), 115.420(b)(13)(B), 115.420(b)(13)(B)(i)-
115.420(b)(13)(B)(ix), 115.420(b)(14), 115.420(b)(15), 115.420(15)(A), 
115.420(15)(A)(i)-115.420(15)(A)(xi), 115.420(15)(B), 
115.420(15)(B)(i)-115.420(15)(B)(xix), 115.421(a), 115.421(a)(8), 
115.421(a)(8)(B), 115.421(a)(8)(B)(i)-115.421(a)(8)(B)(ix), 
115.421(a)(13), 115.421(a)(13)(A), 115.421(a)(13)(A)(i)-
115.421(a)(13)(A)(vii), 115.421(a)(13)(A)(viii), 115.421(a)(13)(A)(ix), 
115.421(a)(14), 115.421(a)(14)(A), 115.421(a)(14)(A)(i), 
115.421(a)(14)(A)(ii), 115.421(a)(14)(A)(iii), 
115.421(a)(14)(A)(iii)(I)- 115.421(a)(14)(A)(iii)(III), 
115.421(a)(14)(A)(iv)-115.421(a)(14)(A)(vi), 115.421(a)(14)(B), 
115.421(a)(15), 115.421(a)(15)(A),115.421(a)(15)(B), 
115.421(a)(15)(B)(i), 115.421(a)(15)(B)(ii), 115.421(b), 115.422. 
Control Requirements--Introductory Paragraph, 115.422(2), 115.422(3), 
115.422(3)(A), 115.422(3)(B), 115.422(3)(C), 115.422(3)(C)(i), 
115.422(3)(C)(ii), 115.422(3)(C)(ii)(I), 115.422(3)(C)(ii)(II), 
115.422(3)(C)(iii)-115.422(3)(C)(v), 115.422(3)(C)(vi), 
115.422(3)(C)(vi)(I), 115.422(3)(vi)(II), 115.422(3)(D), 115.422(3)(E), 
115.422(3)(E)(i), 115.422(3)(E)(ii), 115.422(4), 115.422(4)(A)-
115.422(4)(C), 115.422(5), 115.422(5)(A), 115.422(5)(B), 115.423(a), 
115.423(a)(1), 115.423(a)(2), 115.423(b), 115.423(b)(1), 115.423(b)(2), 
115.426(a), 115.426(a)(1), 115.426(a)(1)(B), 115.426(a)(1)(B)(i), 
115.426(a)(1)(B)(ii), 115.426(a)(2), 115.426(a)(2)(A), 
115.426(a)(2)(A)(i), 115.426(b), 115.426(b)(1), 115.426(b)(1)(B), 
115.426(b)(2), 115.426(b)(2)(A), 115.426(b)(2)(A)(i), 115.427(a), 
115.427(a)(1), 115.427(a)(1)(B), 115.427(a)(1)(C), 115.427(a)(3), 
115.427(a)(3)(A), 115.427(a)(3)(B), 115.427(a)(3)(D)-115.427(a)(3)(I), 
115.427(b), 115.427(b)(4), 115.429(a), and 115.429(b).
    (B) Certification Dated March 18, 1998 that these are true and 
correct copies of revisions to 30 TAC Chapter 115 and the SIP.
[FR Doc. 99-6254 Filed 3-12-99; 8:45 am]
BILLING CODE 6560-50-P