[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Rules and Regulations]
[Pages 11468-11475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5039]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-102-1-7440; FRL-6543-1]


Approval and Promulgation of Implementation Plans: Texas; 
Reasonably Available Control Technology for Major Stationary Sources of 
Nitrogen Oxides for the Houston/Galveston and Beaumont/Port Arthur 
Ozone Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is conditionally approving a revision to the Texas 
State Implementation Plan (SIP). The revisions concern Reasonably 
Available Control Technology (RACT) at stationary sources of nitrogen 
oxides (NOX) in the Houston/Galveston (H/G), and the 
Beaumont/Port Arthur (B/PA) ozone nonattainment areas. The EPA is 
approving these revisions to regulate emissions of NOX in 
accordance with the NOX RACT requirements of the Federal 
Clean Air Act (the Act).

EFFECTIVE DATE: This rule is effective on April 3, 2000.

ADDRESSES: Copies of documents relevant to this action are available 
for public inspection during normal business hours at the following 
locations. Anyone 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), 1445 Ross Avenue, Dallas, TX 75202-2733.
Texas Natural Resource Conservation Commission, Office of Air Quality, 
12124 Park 35 Circle, Austin, TX 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, P.E., Air Planning 
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-2733; 
telephone (214) 665-6691.

I. Table of Contents

    1. What Are We approving?
    2. Did EPA Receive Comments on the Proposed Conditional Approval 
Action?
    3. What Are Nitrogen Oxides?
    4. What Is Reasonably Available Control Technology?
    5. What Are the Clean Air Act's RACT Requirements for 
NOX Emissions?
    6. What Are Definitions of Major Sources for NOX?
    7. What Are Alternative Control Techniques (ACTs)?
    8. What Is a State Implementation Plan?

[[Page 11469]]

    9. What Is the Federal Approval Process for a SIP?
    10. What Does Federal Approval of a SIP Mean to Me?
    11. What Is a Nonattainment Area?
    12. What Counties in Texas Will This Rule Affect?
    13. What Are the Rule Revisions We Are Approving?
    14. What Kind of Major Source Categories Will This Rule Affect?
    15. Are NOX Emission Specifications in Texas Rule 
Comparable With Federal Guidelines?
    16. Why Is This a Conditional Approval?

SUPPLEMENTARY INFORMATION:
    Throughout this document ``we,'' ``us,'' or ``our'' means EPA.

1. What Are We Approving?

    We are finalizing our conditional approval of revisions to the 
Texas Rule 30 TAC Chapter 117 for the control of air pollution from 
nitrogen compounds. These measures will reduce NOX emissions 
in the H/G and B/PA ozone nonattainment areas. By this approval we are 
agreeing that the State of Texas will be implementing the RACT on 
sources listed in section 13 of this document. Specifically, we are 
finalizing our conditional approval of the revisions submitted on June 
15, 1993; August 31, 1993; June 9, 1994; August 3, 1994; September 21, 
1994; December 29, 1994; March 6, 1996; August 9, 1996; May 21, 1997; 
and May 20, 1998. For detailed listing of each one of these revisions, 
please refer to our document of proposed rulemaking (64 FR 58011), that 
we published on October 28, 1999. As proposed, our approval is 
conditioned on Texas revising Regulation 117.570 to remove the ability 
to add one standard deviation to the emissions baseline for trading 
purposes. Furthermore, the Texas Accelerated Vehicle Retirement (AVR) 
program is not a part of the approved SIP (see 62 FR 66576, December 
19, 1997, and 63 FR 41756, August 5, 1998); consequently, if a source 
plans to rely upon any emission reduction credits generated or claimed 
through the AVR program, for interim compliance with Chapter 117, the 
State will have to submit a separate source specific SIP revision to us 
for approval.
    Texas must submit the approvals of the alternative case-specific 
specifications under sections 117.121, 117.221, 117.321 and 117.426 to 
the EPA for approval as source-specific SIP revisions. Texas must also 
submit approvals of a petition for phased RACT under section 117.540 to 
the EPA for approval as source-specific SIP revision. Otherwise, a 
source operating under such a State approval is subject to Federal 
enforcement action for violation of the required specifications and/or 
compliance deadline.

2. Did EPA Receive Comments on the Proposed Conditional Approval 
Action?

    No, we did not receive comments on our proposed conditional 
approval action. We proposed conditional approval of these SIP 
revisions on October 28, 1999. The public comment period for our action 
ended on November 28, 1999. As a result, we are finalizing our proposed 
conditional approval without changes. For more details on these 
submittals, please refer to the proposed rulemaking action.

3. What Are Nitrogen Oxides?

    Nitrogen oxides belong to the group of criteria air pollutants. The 
NOX are produced from burning fuels, including gasoline and 
coal. Nitrogen oxides react with volatile organic compounds (VOC) to 
form ozone or smog, and are also major components of acid rain.

4. What Is Reasonably Available Control Technology?

    Reasonably Available Control Technology is defined as the lowest 
emission limitation that a particular source can meet by applying a 
control technique that is reasonably available considering 
technological and economic feasibility. See 44 FR 53761, September 17, 
1979. This requirement is established by sections 182(b)(2) and 182(f) 
of the Act. These sections, taken together, establish the requirements 
for Texas to submit a NOX RACT regulation for all major 
stationary sources of NOX in ozone nonattainment areas 
classified as moderate and above. A State may choose to develop its own 
RACT requirements on a case by case basis, considering the economic and 
technical circumstances of an individual source.

5. What Are the Clean Air Act's RACT Requirements for 
NOX Emissions?

    Section 182(b)(2) requires States, with areas classified as 
moderate ozone nonattainment, to implement RACT with respect to all 
major sources of VOCs. Section 182(f) states that, ``The plan 
provisions required under this subpart for major stationary sources of 
VOCs shall also apply to major stationary sources (as defined in 
section 302 and subsections (c), (d), and (e) of the section) of oxides 
of nitrogen.'' This NOX RACT requirement also applies to all 
major sources in ozone nonattainment areas with higher than moderate 
nonattainment classifications.
    On November 25, 1992 (57 FR 55620), we published a document of 
proposed rulemaking entitled ``State Implementation Plans; Nitrogen 
Oxides Supplement to the General Preamble; Clean Air Act Amendments of 
1990 Implementation of Title I; Proposed Rule,'' (the NOX 
Supplement). The NOX Supplement describes and provides 
preliminary guidance on the requirements of section 182(f) of the Act. 
You should refer to the NOX supplement for further 
information on the NOX requirements. The EPA's mandatory 
Economic Incentive Program (EIP) rules for criteria pollutants appear 
in 40 CFR part 51, Subpart U (59 FR 16710). The EPA's discretionary EIP 
rules concerning emission trading appear in the 1994 EIP guidance 
document (59 FR 16690). In addition, other EPA guidance memoranda, such 
as those included in the ``NOX Policy Document for the Clean 
Air Act of 1990,'' (EPA-452/R96-005, March 1996), should also be 
referred to for more information about NOX requirements.
    On August 17, 1994, the Texas Natural Resource Conservation 
Commission (TNRCC) petitioned us under section 182(b) to temporarily 
exempt the B/PA and H/G ozone nonattainment areas from the 
NOX requirements of the Act. The TNRCC asked for the 
exemption based on air quality modeling that indicated that the control 
of NOX would not contribute to attainment of the National 
Ambient Air Quality Standards (NAAQS). We approved the petition on 
April 19, 1995.
    The temporary exemption was to expire on December 31, 1996, with 
RACT compliance no later than May 31, 1997. On March 6, 1996, the TNRCC 
asked us to extend the temporary waiver. The TNRCC asked for an 
extension of the temporary waiver based on section 182(f) of the Act. 
Section 182(f) allows for a waiver of certain federally required 
NOX control measures, if the State demonstrates that 
NOX reductions do not contribute to ozone attainment in 
moderate or above areas. The State submitted modeling information with 
a petition predicting that the NOX reductions would be 
counterproductive to ozone attainment in portions of H/G and B/PA 
areas. The EPA approved the petition and granted an extension until 
December 31, 1997, to allow time for carrying out further modeling. 
Based on this further modeling, TNRCC allowed the waiver to expire. We 
provided notice that the waiver had expired in the Federal Register on 
February 12, 1998 (63 FR 7071). The NOX RACT compliance date 
was extended to no later than November 15, 1999.
    Section 182(b)(2) requires submittal of RACT rules for major 
stationary sources of VOC (and NOX) emissions not

[[Page 11470]]

covered by either a pre or post-enactment control techniques guideline 
(CTG) document. There were no NOX CTGs issued before 
enactment and we have not issued a CTG document for any NOX 
sources since enactment of the Act. However, we published ACTs 
documents for several industrial categories. See section 7 of this 
document. States can use the information contained in the ACTs to 
develop their RACT rules. The Texas rules covering NOX 
sources and submitted as SIP revisions require final installation of 
the actual NOX controls as expeditiously as practicable, but 
no later than November 15, 1999.

6. What Are Definitions of Major Sources for NOX?

    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 
NOX, a major source is one which emits, when uncontrolled, 
100 tpy or more of NOX in marginal and moderate areas. 
According to section 182(c) of the Act, a major source in a serious 
nonattainment area is a source that emits, when uncontrolled, 50 tpy or 
more of NOX.
    According to section 182(d) of the Act, a major source in a severe 
nonattainment area is a source that emits, when uncontrolled, 25 tpy or 
more of NOX.
    Houston is a severe ozone nonattainment area, so the major source 
size for Houston is 25 tpy or more, when uncontrolled. Beaumont is a 
moderate ozone nonattainment area, so the major source size for 
Beaumont is 100 tpy or more, when uncontrolled.

7. What Are Alternative Control Techniques (ACTs)?

    Section 183(c) of the Act provides that we will issue technical 
documents which identify alternative controls for stationary sources of 
oxides of nitrogen which emit, when uncontrolled, 25 tpy or more of 
this pollutant. These ACT documents are to be subsequently revised and 
updated by us. The information in the ACT documents is generated from 
EPA papers, literature sources and contacts, control equipment vendors, 
engineering firms, and Federal, State, and local regulatory agencies. 
States can use information in the ACT to develop their RACT 
regulations. The following table contains a list of ACT documents for 
various source categories of NOX with their corresponding 
EPA publication numbers.

   Table I.--ACT Documents for Source Categories of NOX and Their EPA
                           Publication Numbers
------------------------------------------------------------------------
         Source category                    EPA Publication No.
------------------------------------------------------------------------
Nitric/Adipic Acid Plants........  EPA-450/3-91-026
Gas Turbines.....................  EPA-453/R-93-007
Process Heaters..................  EPA-453/R-93-034
Internal Combustion Engines......  EPA-453/R-93-032
Cement Plants....................  EPA-453/R-94-004
Non-Utility Boilers..............  EPA-453/R-94-022
Utility Boilers..................  EPA-453/R-94-023
Glass Manufacturing..............  EPA-453/R-94-037
Iron and Steel Manufacturing.....  EPA-453/R-94-065
------------------------------------------------------------------------

8. 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 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.

9. 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 pubic hearing, a 
public comment period, and a formal adoption by a state-authorized 
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 (CFR) 
at Title 40, part 52, entitled ``Approval and Promulgation of 
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.

10. What Does Federal Approval of a SIP Mean to Me?

    It is primarily the function of a State to 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 against violators of these regulations, if the State 
fails to do so.

11. 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. It has been estimated that 60 percent of Americans 
live in nonattainment areas. The H/G and B/PA are nonattainment areas 
for ozone.

12. What Counties in Texas Will This Rule Affect?

    This rule affects the H/G and B/PA ozone nonattainment areas. The 
B/PA area is classified as moderate ozone nonattainment and includes 
the following counties: Hardin, Jefferson, and Orange. The H/G is 
classified as severe ozone nonattainment and includes the following 
counties: Brazoria, Chambers, Fort Bend, Harris, Galveston, Liberty, 
Montgomery, and Waller. If you are in one of these counties, you should 
refer to the rules to determine if and how this rule will affect you.

[[Page 11471]]

13. What Texas Rule Revisions Is EPA Approving?

    The State of Texas submitted the NOX RACT program 
Chapter 117, ``Control of Air Pollution From Nitrogen Compounds,'' as a 
number of revisions to the SIP. This rulemaking will approve those ten 
revisions submitted to us dating from June 15, 1993, to May 20, 1998. 
For detailed address of these revisions, refer to our document of 
proposed rulemaking (64 FR 58014), dated October 28, 1999.

14. What Kind of Major Source Categories Will This Rule Affect?

    This rule will affect NOX emissions from the following 
existing source categories in Texas: (a) Utility boilers, steam 
generators, auxiliary steam boilers, and gas turbines used to generate 
electricity in H/G and B/PA ozone nonattainment areas (See section 
117.101 of this rule); (b) commercial, institutional, or industrial 
boiler (non-utility boiler) and process heaters in H/G and B/PA with a 
maximum rated capacity of 40 million British thermal units (Btu) per 
hour or greater, stationary gas turbines in H/G and B/PA with a 
megawatt (mW) rating of 1.0 mW or higher; (c) stationery rich burn 
internal combustion engines of 150 horsepower (hp) or greater in the H/
G ozone nonattainment area, and stationary internal combustion engines 
of 300 hp or greater in the B/PA ozone nonattainment area (See section 
117.3210 of this rule); and (d) nitric acid manufacturing (See section 
117.401 of this rule) and adipic acid manufacturing (See section 
117.301 of this rule) plants in H/G and B/PA ozone nonattainment areas.

15. Are NOX Emissions Specifications in Texas Rule 
Consistent With Federal Guidelines?

    The emission specifications in the Texas rule are consistent with 
Federal guidelines. For detailed comparison of these emission 
specifications refer to 64 FR 58015, October 28, 1999. The following 
table contains a summary of the type of affected sources, their 
corresponding emission limit, and relevant applicability information 
for these sources in the H/G and B/PA nonattainment areas.

Table II.--Summary of the Texas NOX RACT Rule for Sources in the H/G and
                        B/PA Non-Attainment Areas
------------------------------------------------------------------------
                                                         Additional
            Source                  NOX limit           information
------------------------------------------------------------------------
Utility Boilers...............  0.26 lb/MMBtu....  Natural gas or a
                                                    combination of
                                                    natural gas and
                                                    waste oil, 24-hour
                                                    rolling average.
Utility Boilers...............  0.20 lb/MMBtu....  Natural gas or a
                                                    combination of
                                                    natural gas and
                                                    waste oil, 30-day
                                                    rolling average.
Utility Boilers...............  0.38 lb/MMBtu....  Coal, tangentially-
                                                    fired, 24-hour
                                                    rolling average.
Utility Boilers...............  0.43 lb/MMBtu....  Coal, wall-fired, 24-
                                                    hour rolling
                                                    average.
Utility Boilers...............  0.30 lb/MMBtu....  Fuel oil only, 24-
                                                    hour rolling
                                                    average.
Utility Boilers...............  [a(0.26)+b(0.30)]/ Oil and gas mixture,
                                 (a+b).             24-hour rolling
                                                    average,
                                                   where
                                                   a = percent natural
                                                    gas heat input
                                                   b = percent fuel oil
                                                    heat input.
Stationary Gas Turbines.......  42 parts per       @ 15% 02, natural
                                 million volume     gas, 30
                                 dry (ppmvd)        Mega Watt (mW)
                                 basis.             annual electric
                                                    output 2500 hour  x  mW
                                                    rating.
Stationary Gas Turbines.......  65 parts per       @ 15% 02, fuel oil.
                                 million volume
                                 dry (ppmvd).
Stationary Gas Turbines.......  0.20 lb/MMBtu....  Natural gas, peaking
                                                    units, annual
                                                    electric output 2500
                                                    hour  x  mW rating.
Stationary Gas Turbines.......  0.30 lb/MMBtu....  Fuel oil, peaking
                                                    units, annual
                                                    electric output 2500
                                                    hour  x  mW rating.
Non-utility Boilers...........  0.10 lb/MMBtu....  Natural gas, low heat
                                                    release and T  200
                                                    deg.F, capacity  100 MMBtu/
                                                    hr.
Non-utility Boilers...........  0.15 lb/MMBtu....  Natural gas, low heat
                                                    release, preheated
                                                    air 200 T
                                                     400  deg.F,
                                                    capacity 
                                                    100 MMBtu/hr.
Non-utility Boiler............  0.20 lb/MMBtu....  Natural gas, low heat
                                                    release, preheated
                                                    air T 
                                                    400  deg.F, capacity
                                                     100
                                                    MMBtu/hr.
Non-utility Boilers...........  0.20 lb/MMBtu....  Natural gas, high
                                                    heat release,
                                                    without air or
                                                    preheated air T  250
                                                     deg.F, capacity  100 MMBtu/
                                                    hr.
Non-utility Boilers...........  0.24 lb/MMBtu....  Natural gas, high
                                                    heat release,
                                                    preheated air 250
                                                    T  500
                                                    deg.F, capacity  100 MMBtu/
                                                    hr.
Non-utility Boilers...........  0.28 lb/MMBtu....  Natural gas, high
                                                    heat release,
                                                    preheated air T  500  deg.F,
                                                    capacity 
                                                    100 MMBtu/hr.
Process Heaters...............  0.10 lb/MMBtu....  Natural gas,
                                                    preheated air T,
                                                    200  deg.F, capacity
                                                     100
                                                    MMBtu/hr.
Process Heaters...............  0.13 lb/MMBtu....  Natural gas,
                                                    preheated air 200
                                                    T  400
                                                    deg.F, capacity  100 MMBtu/
                                                    hr.
Process Heaters...............  0.18 lb/MMBtu....  Natural gas, low heat
                                                    release, preheated
                                                    air T 
                                                    400  deg.F, capacity
                                                     100
                                                    MMBtu/hr.
Process Heaters...............  0.10 lb/MMBtu....  Natural gas, firebox
                                                    T  1400  deg.F,
                                                    capacity 
                                                    100 MMBtu/hr.
Process Heaters...............  0.125 lb/MMBtu...  Natural gas, firebox
                                                    1400 T
                                                    1800  deg.F,
                                                    capacity 
                                                    100 MMBtu/hr.
Process Heaters...............  0.15 lb/MMBtu....  Natural gas, firebox
                                                    T  1800
                                                    deg.F, capacity  100 MMBtu/
                                                    hr.
Process Heaters and Non-        0.30 lb/MMBtu....  Liquid fuel, capacity
 utility Boilers.                                   100 MMBtu/
                                                    hr.
Process Heaters and Non-        0.30 lb/MMBtu....  Wood fuel, capacity
 utility Boilers.                                   100 MMBtu/
                                                    hr.
Stationary Gas Turbines.......  42 parts per       @ 15% 02, rating 10 mW.
                                 dry (ppmvd)
                                 basis.
Reciprocating Internal          2.0 gram/hp-hr...  Natural gas, rich
 Combustion Engines.                                burn, stationary,
                                                    capacity 150 hp in H/G,
                                                    capacity 300 hp in B/PA.
Absorbers of Adipic Acid        2.5 lb/ton of      24-hr rolling
 Production Units.               acid produced.     average.

[[Page 11472]]

 
Absorbers of Nitric Acid        2.0 lb/ton of      24-hr rolling
 Production Units.               acid produced.     average.
------------------------------------------------------------------------

16. Why Is This a Conditional Approval?

    The allowable NOX emission rates are calculated based on 
a rolling 30-day average method (see equation 117.223(b)(1) of this 
rule) and based on a maximum daily cap method (see equation 
117.223(b)(2) of this rule). The definition of actual daily heat input 
in 117.570(b)(2), and the definition of actual historical average of 
the daily heat input in 117.223(b)(1) allow sources to add one standard 
deviation to their baseline heat input or emission rate to establish 
the baseline for generating emission credits. Adding one standard 
deviation to the baseline in equation 117.570(b)(2) could generate 
``paper credits.''
    We understood from Texas that this allowance was an inadvertent 
oversight and they committed in the July 19, 1999, letter to change the 
rule and submit it as a SIP revision to our office by November 15, 
1999. We are conditionally approving the rule based on their 
commitment. See 64 FR 58011, October 28, 1999. We have received a SIP 
revision submitted to us on November 15, 1999, that modifies the 
NOX RACT for the B/PA ozone nonattainment area. The November 
15, 1999, submittal addresses the inadvertent oversight, in equation 
117.570(b)(2), mentioned above, and should avoid generation of ``paper 
credits'' in the ozone nonattainment areas. In this document, we are 
not acting on the Texas November 15, 1999, SIP revision. In this 
document, we are only finalizing our conditional approval of the Texas 
NOX RACT rules that appeared in the 64 FR 58011, October 28, 
1999. We will address the correction in a future rulemaking action.

II. Final Action

    Pursuant to sections 110 and 302 and Part D of the Act, we are 
finalizing the conditional approval of revisions to the Texas Rule 30 
TAC Chapter 117 for the control of air pollution from nitrogen 
compounds. Please refer to section 16 of this document for the terms 
and description of this condition. These measures will reduce 
NOX emissions in the H/G and B/PA ozone nonattainment areas. 
In this final action we are agreeing that the State of Texas will be 
implementing the RACT in the H/G and B/PA on sources listed in section 
13 of this document.

III. Administrative Requirements

A. Executive Order 12866

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

B. Executive Order 13132

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) revokes and replaces Executive Order 12612, ``Federalism,'' 
and Executive Order 12875, ``Enhancing the Intergovernmental 
Partnership.'' Executive Order 13132 requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the Agency consults with State and local officials early in the 
process of developing the proposed regulation.
    This final rule will 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, 
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. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

C. Executive Order 13045

    Executive Order 13045, entitled ``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 Executive Order 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.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This final rule is not subject 
to Executive Order 13045 because it approves a State program.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly 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 EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the 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

[[Page 11473]]

of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 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 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 Executive Order 13084 do not apply 
to this rule.

E. Regulatory Flexibility Act

    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 
Act, preparation of a 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).

F. 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 annual 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 pre-existing 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.

G. 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 can 
not 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 3, 2000.

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 2, 2000. 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, Carbon Monoxide, 
Hydrocarbons, Nitrogen dioxide, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 15, 2000.
Gregg A. Cooke,
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 SS--Texas

    2. In Sec. 52.2270 the table in paragraph (c) is amended under 
Chapter 117 by:
    a. Removing existing entries ``Section 117. Rule 701'' through 
``Section 117. Rule 703''.
    b. Adding new headings and entries 117.10 through 117.601 in 
numerical order.
    The additions read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 11474]]



                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                       State submittal/
         State citation              Title/subject       approval date     EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                               *
----------------------------------------------------------------------------------------------------------------
                      CHAPTER 117 (Reg 7)--CONTROL OF AIR POLLUTION FROM NITROGEN COMPOUNDS
                                                  Subchapter A
----------------------------------------------------------------------------------------------------------------
Section 117.10..................  Definitions.......  May 25, 1994......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
----------------------------------------------------------------------------------------------------------------
                              Subchapter B: Division 1--Utility Electric Generation
----------------------------------------------------------------------------------------------------------------
Section 117.101.................  Applicability.....  May 20, 1998......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.103.................  Exemptions........  May 25, 1994......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.105.................  Emission            May 20, 1998......  March 3, 2000
                                   Specifications.                         [Federal Register
                                                                           cite].
Section 117.107.................  Alternative System- May 25, 1994......  March 3, 2000
                                   Wide Emission                           [Federal Register
                                   Specifications.                         cite].
Section 117.109.................  Initial Control     May 25, 1994......  March 3, 2000
                                   Plan Procedures.                        [Federal Register
                                                                           cite].
Section 117.111.................  Initial             May 25, 1994......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].
Section 117.113.................  Continuous          May 20, 1998......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].
Section 117.115.................  Final Control Plan  May 25, 1994......  March 3, 2000
                                   Procedures.                             [Federal Register
                                                                           cite].
Section 117.117.................  Revision of Final   May 25, 1994......  March 3, 2000
                                   Control Plan.                           [Federal Register
                                                                           cite].
Section 117.119.................  Notification,       May 25, 1994......  March 3, 2000
                                   Recordkeeping,                          [Federal Register
                                   and Reporting                           cite].
                                   Requirements.
Section 117.121.................  Alternative Case    May 25, 1994......  March 3, 2000
                                   Specific                                [Federal Register
                                   Specifications.                         cite].
----------------------------------------------------------------------------------------------------------------
                          Division 2--Commercial, Institutional, and Industrial Sources
----------------------------------------------------------------------------------------------------------------
Section 117.201.................  Applicability.....  May 11, 1993......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.203.................  Exemptions........  May 25, 1994......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.205.................  Emission            May 20, 1998......  March 3, 2000
                                   Specifications.                         [Federal Register
                                                                           cite].
Section 117.207.................  Alternative Plant-  May 25, 1994......  March 3, 2000
                                   Wide Emission                           [Federal Register
                                   Specifications.                         cite].
Section 117.208.................  Operating           May 25, 1994......  March 3, 2000
                                   Requirements.                           [Federal Register
                                                                           cite].
Section 117.209.................  Initial Control     May 25, 1994......  March 3, 2000
                                   Plan Procedures.                        [Federal Register
                                                                           cite].
Section 117.211.................  Initial             May 20, 1998......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].
Section 117.213.................  Continuous          May 20, 1998......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].
Section 117.215.................  Final Control Plan  May 25, 1994......  March 3, 2000
                                   Procedures.                             [Federal Register
                                                                           cite].
Section 117.217.................  Revision of Final   May 25, 1994......  March 3, 2000
                                   Control Plan.                           [Federal Register
                                                                           cite].
Section 117.219.................  Notification,       May 25, 1994......  March 3, 2000
                                   Recordkeeping,                          [Federal Register
                                   and Reporting                           cite].
                                   Requirements.
Section 117.221.................  Alternative Case    May 25, 1994......  March 3, 2000
                                   Specific                                [Federal Register
                                   Specifications.                         cite].
Section 117.223.................  Source Cap........  May 20, 1998......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
----------------------------------------------------------------------------------------------------------------
                               Subchapter C: Division 1--Adipic Acid Manufacturing
----------------------------------------------------------------------------------------------------------------
Section 117.301.................  Applicability.....  May 20, 1998......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.309.................  Control Plan        May 20, 1998......  March 3, 2000
                                   Procedures.                             [Federal Register
                                                                           cite].
Section 117.311.................  Initial             May 25, 1994......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].

[[Page 11475]]

 
Section 117.313.................  Continuous          May 25, 1994......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].
Section 117.319.................  Notification,       May 25, 1994......  March 3, 2000
                                   Recordkeeping,                          [Federal Register
                                   and Reporting                           cite].
                                   Requirements.
Section 117.321.................  Alternative Case    May 25, 1994......  March 3, 2000
                                   Specific                                [Federal Register
                                   Specifications.                         cite].
----------------------------------------------------------------------------------------------------------------
                        Division 2--Nitric Acid Manufacturing--Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 117.401.................  Applicability.....  May 20, 1998......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.409.................  Control Plan        May 20, 1998......  March 3, 2000
                                   Procedures.                             [Federal Register
                                                                           cite].
Section 117.411.................  Initial             May 25, 1994......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].
Section 117.413.................  Continuous          May 25, 1994......  March 3, 2000
                                   Demonstration of                        [Federal Register
                                   Compliance.                             cite].
Section 117.421.................  Alternative Case    May 25, 1994......  March 3, 2000
                                   Specific                                [Federal Register
                                   Specifications.                         cite].
----------------------------------------------------------------------------------------------------------------
                                 Division 2--Nitric Acid Manufacturing--General
----------------------------------------------------------------------------------------------------------------
Section 117.451.................  Applicability.....  May 20, 1998......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.458.................  Applicability of    May 20, 1998......  March 3, 2000
                                   Federal New                             [Federal Register
                                   Source                                  cite].
                                   Performance
                                   Standards.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter D Administrative Provisions
----------------------------------------------------------------------------------------------------------------
Section 117.510.................  Compliance          May 20, 1998......  March 3, 2000
                                   Schedule for                            [Federal Register
                                   Utility Electric                        cite].
                                   Generation.
Section 117.520.................  Compliance          May 20, 1998......  March 3, 2000
                                   Schedule for                            [Federal Register
                                   Commercial,                             cite].
                                   Institutional,
                                   and Industrial
                                   Combustion
                                   Sources.
Section 117.530.................  Compliance          May 20, 1998......  March 3, 2000
                                   Schedule for                            [Federal Register
                                   Nitric Acid and                         cite].
                                   Adipic Acid
                                   Manufacturing
                                   Sources.
Section 117.540.................  Phased Reasonably   May 20, 1998......  March 3, 2000
                                   Available Control                       [Federal Register
                                   Technology.                             cite].
Section 117.560.................  Rescission........  May 25, 1994......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
Section 117.570.................  Trading...........  May 25, 1994......  March 3, 2000
                                                                           [Federal Register
                                                                           cite].
----------------------------------------------------------------------------------------------------------------
                                     Subchapter E Gas-Fired Steam Generation
----------------------------------------------------------------------------------------------------------------
Section 117.601.................  Gas-Fired Steam     May 20, 1998......  March 3, 2000
                                   Generation.                             [Federal Register
                                                                           cite].
 
*                  *                  *                  *                  *                  *
                                               *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 00-5039 Filed 3-2-00; 8:45 am]
BILLING CODE 6560-50-M