[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Rules and Regulations]
[Pages 53172-53180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22056]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-122-1-7451a; FRL-6860-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action on revisions to the 
Texas State Implementation Plan (SIP). This rulemaking covers three 
separate actions: Converting EPA's conditional approval of the Texas 
Nitrogen Oxides (NOX) rules for the Houston/Galveston (H/GA) 
and Beaumont/Port Arthur (B/PA) ozone nonattainment areas to a full 
approval as Reasonably Available Control Technology (RACT); approving 
as RACT, revisions to the NOX rules for lean burn, 
stationary, reciprocating internal combustion engines in the B/PA, H/
GA, and Dallas/Fort Worth (D/FW) ozone nonattainment areas; and 
approving revisions to the NOX rules for major stationary 
sources in the D/FW ozone nonattainment area, as meeting RACT.
    The EPA is approving these SIP revisions to regulate emissions of 
NOX as meeting the NOX RACT requirements of the 
Federal Clean Air Act (the Act).

DATES: This rule is effective on October 31, 2000 without further 
notice, unless EPA receives adverse comment by October 2, 2000. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 
6 Office listed below. Copies of documents relevant to this action

[[Page 53173]]

including the Technical Support Document (TSD) 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, Texas 75202-2733.
    Texas Natural Resource Conservation Commission, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

1. What action are we taking?
2. What action are we not taking in this rulemaking?
3. Why are we converting our conditional approval of the Texas 
NOX rule to full approval?
4. What are the lean burn engine rule requirements?
5. What kind of major source categories in the DFW area will the 
November 15, 1999, and the March 15, 1999, SIP revisions affect?
6. Are Texas' revised NOX emissions specifications in the 
Texas NOX rule consistent with the Federal guidelines?
7. What are Nitrogen Oxides?
8. What is a nonattainment area?
9. What is Reasonably Available Control Technology?
10. What are Alternative Control Techniques (ACTs)?
11. What are the Clean Air Act's RACT requirements for 
NOX emissions?
12. What are definitions of major sources for NOX?
13. What is a State Implementation Plan?
14. What is the Federal approval process for a SIP?
15. What does Federal approval of a SIP mean to me?
16. What areas in Texas will this action affect?

    Throughout this document ``we,'' ``us,'' and ``our'' means EPA.

1. What Action Are We Taking?

    On November 15, 1999, the Governor of Texas submitted rule 
revisions to the 30 TAC, Chapter 117, ``Control of Air Pollution From 
Nitrogen Compounds,'' as a revision to the SIP for certain source 
categories operating in certain ozone nonattainment areas. On March 3, 
2000, 65 FR 11468, EPA had conditionally approved the Texas 
NOX rule Chapter 117 as it existed in 1998, as a revision to 
the Texas SIP as meeting the RACT requirements for the H/GA and B/PA 
ozone nonattainment areas for the certain source categories. We based 
our conditional approval on a written commitment received from the 
TNRCC. In a July 19, 1999, letter, Texas committed that they would 
address our concerns about the potential for ``paper credits'' by 
November 15, 1999. On November 15, 1999, Texas submitted to us another 
SIP revision meeting their commitment. The November 15, 1999, revision 
addresses our concerns about the potential for ``paper credits.'' For 
detailed information on our concern, see section 3 of this document.
    In this action, we are fully approving the Texas NOX 
rules, as they existed in 1998, as RACT in the H/GA and B/PA ozone 
nonattainment areas for the following source categories: Utility 
boilers, steam generators, auxiliary steam boilers, and gas turbines 
used to generate electricity in H/GA and B/PA areas; commercial, 
institutional, or industrial boiler (non-utility boiler) and process 
heaters with a maximum rated capacity of 40 million British thermal 
units (Btu) per hour or greater, stationary gas turbines with a 
megawatt (mW) rating of 1.0 mW or higher; stationery rich burn internal 
combustion engines of 150 horsepower (hp) or greater in the H/GA area, 
and stationary internal combustion engines of 300 hp or greater in the 
B/PA area; and nitric acid manufacturing and adipic acid manufacturing 
plants.
    The November 15, 1999, SIP submittal also included provisions to 
regulate NOX emissions from lean burn, stationary, 
reciprocating internal combustion engines operating in the B/PA, H/GA, 
or D/FW ozone nonattainment areas. We are approving these revisions to 
section 117.205, concerning control of NOX emissions from 
lean burn engines, as meeting RACT in the B/PA, H/GA, and D/FW ozone 
nonattainment areas.
    For more information on the SIP revision and EPA's RACT evaluation, 
please refer to our TSD dated January 2000.
    On March 15, 1999, the Governor of Texas submitted rule revisions 
to the Chapter 117, ``Control of Air Pollution From Nitrogen 
Compounds,'' as a revision to the SIP for the D/FW ozone nonattainment 
area adding controls for the same source categories listed above for 
the H/GA and B/PA areas, but for nitric acid manufacturing and adipic 
acid manufacturing plants. We are approving revisions to the Texas SIP 
concerning control of NOX emissions in the D/FW area, as 
meeting RACT for the source categories listed in section 5.
    In addition, when we conditionally approved the Texas 
NOX rules on March 3, 2000, we inadvertently forgot to 
codify sections 117.305, 117.405, and 117.455 concerning Emissions 
Specifications; and section 117.419 concerning Notification, 
Recordkeeping, and Reporting Requirements. Today, we are converting our 
conditional approval of the Texas NOX rules to a full 
approval. We are also codifying all of the Texas NOX rules, 
as they existed in 1998, revised in 1999 by Texas, and approved by us, 
in this document.

2. What Action Are We Not Taking in This Rulemaking?

    We are not acting on the D/FW ozone attainment plan in this 
particular action or on any other ozone nonattainment area plan.

3. Why Are We Converting Our Conditional Approval of the Texas 
NOX Rule to a Full Approval?

    The definition of actual daily heat input in 117.570(b)(2), 
previously allowed for adding one standard deviation to a source's 
baseline heat input or emission rate to establish the baseline for 
generating emission credits. Adding one standard deviation to the 
baseline in the equation stated in 117.570(b)(2) could generate ``paper 
credits.'' We understood from Texas that this allowance was an 
inadvertent oversight and they committed in a July 19, 1999, letter to 
change the rule and submit it as a SIP revision to our office by 
November 15, 1999. We conditionally approved the rule based on their 
commitment. Texas has adequately addressed our concern about potential 
generation of ``paper credits'' in its November 15, 1999, submission. 
Therefore, we are converting our prior conditional approval of the 
Texas NOX rule to a full approval.

4. What Are the Lean Burn Engine Rule Requirements?

    The State added a new source category to its NOX rules--
stationary lean burn, reciprocating internal combustion engines. The 
November 15, 1999, SIP revision sets NOX and Carbon Monoxide 
(CO)emission specifications, in grams per horse power hour (g/hp-hr), 
for stationary lean burn, reciprocating internal combustion engines of 
150 hp or greater in the H/GA ozone nonattainment area, and stationary 
lean burn, reciprocating internal combustion engines of 300 hp or 
greater in the B/PA and D/FW ozone nonattainment areas. See sections 
117.205(d) and (e) of this rule. The following table contains a summary 
of the lean burn engine rule requirements for these sources in the H/
GA, B/PA, and D/FW nonattainment areas.

[[Page 53174]]



   Table I.--Summary of the Texas Lean Burn Engine Rule for Sources in the H/GA, B/PA, and D/FW Non-attainment
                                                      Areas
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                   Source                                 NOX limit                   Additional information
----------------------------------------------------------------------------------------------------------------
Reciprocating Internal Combustion Engines..  3.0 gram/hp-hr.....................  Natural gas, lean burn,
                                                                                   stationary, capacity 150 hp in H/G, capacity
                                                                                   300 hp in B/PA or
                                                                                   D/FW. Also includes a 3.0
                                                                                   gram/hp-hr limit for CO.
----------------------------------------------------------------------------------------------------------------

    This level of control represents RACT for lean burn engines. We are 
approving the CO requirements as a strengthening of the Texas SIP under 
section 110 of the Act. For a comparison of this lean burn emission 
specification with the lean burn engine emission specifications from 
some of the other states, please refer to pages 9 and 10 of our TSD 
dated January 2000.

5. What Kind of Major Source Categories in the DFW Area Will the 
November 15, 1999, and the March 15, 1999, SIP Revisions Affect?

    These revisions will affect NOX emissions from the 
following source categories: (1) Utility boilers, steam generators, 
auxiliary steam boilers, and gas turbines used to generate electricity 
in the D/FW ozone nonattainment area. See section 117.101 of this rule; 
(2) commercial, institutional, or industrial boilers (non-utility 
boiler) and process heaters in the D/FW ozone nonattainment area with a 
maximum rated capacity of 40 million British thermal units (Btu) per 
hour or greater, and stationary gas turbines in the D/FW area with a 
megawatt rating of 1.0 mW or higher; (3) stationary rich burn, 
reciprocating internal combustion engines of 300 hp or greater in the 
D/FW ozone nonattainment area. See section 117.205(d) of this rule; and 
(4) stationary lean burn, reciprocating internal combustion engines of 
300 hp or greater in the D/FW ozone nonattainment area. See section 
117.205(e) of this rule.
    There are no existing nitric acid manufacturing and adipic acid 
manufacturing plants in the D/FW ozone nonattainment area. See the 
approved Emissions Inventory for the D/FW area.

6. Are Texas' Revised NOX Emissions Specifications in 
the Texas NOX Rule Consistent With Federal Guidelines?

    The revised emission specifications in the Texas NOX 
rule are consistent with Federal guidelines. 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/GA, B/PA, and D/FW nonattainment areas.

    Table II.--Summary of the Texas NOX RACT Rule for Sources in the H/G, B/PA, and D/FW Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
                   Source                                 NOX limit                   Additional 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)]/(a + b)........  Oil and gas mixture, 24-hour
                                                                                   rolling average, where:
                                                                                  a = percent natural gas heat
                                                                                   input
                                                                                  b = percent fuel oil heat
                                                                                   input.
Stationary Gas Turbines....................  42 parts per million volume dry      @ 15% O2, natural gas, 30 Mega Watt (mW) annual
                                                                                   electric output 2500 hour  x  mW rating.
Stationary Gas Turbines....................  65 parts per million volume dry      @ 15% O2, fuel oil.
                                              (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 Boilers........................  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-utility Boilers....  0.30 lb/MMBtu......................  Liquid fuel, capacity  100 MMBtu/hr.
Process Heaters and Non-utility Boilers....  0.30 lb/MMBtu......................  Wood fuel, capacity  100 MMBtu/hr.
Stationary Gas Turbines....................  42 parts per million volume dry      @ 15% O2, rating 
                                              (ppmvd) basis.                       10 mW.
Reciprocating Internal Combustion Engines..  2.0 gram/hp-hr.....................  Natural gas, rich burn,
                                                                                   stationary, capacity  150 hp in H/GA, capacity
                                                                                   300 hp in B/PA.

[[Page 53175]]

 
Absorbers of Adipic Acid Production Units..  2.5 lb/ton of acid produced........  24-hr rolling average.
Absorbers of Nitric Acid Production Units..  2.0 lb/ton of acid produced........  24-hr rolling average.
Reciprocating Internal Combustion Engines..  3.0 gram/hp-hr.....................  Natural gas, lean burn,
                                                                                   stationary, capacity  150 hp in H/GA, capacity
                                                                                   300 hp in B/PA or
                                                                                   D/FW. Also includes a 3.0
                                                                                   gram/hp-hr limit for CO.
----------------------------------------------------------------------------------------------------------------

7. 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.

8. 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.

9. 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.

10. 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 tons per year 
(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 III.--ACT Documents for Source Categories of NOX and Their EPA
                           Publication Numbers
------------------------------------------------------------------------
              Source category                  EPA publication number
------------------------------------------------------------------------
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
------------------------------------------------------------------------

11. 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 
guidance 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), could provide you 
with more information about NOX requirements.
    Section 182(b)(2) requires submittal of RACT rules for major 
stationary sources of VOC (and NOX) emissions not 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 ACT documents for several 
industrial categories. See section 10 of this document. States can use 
the information contained in the ACTs to develop their RACT rules. The 
Texas NOX rules as of 1998 required final installation of 
the actual NOX controls as expeditiously as practicable, but 
no later than November 15, 1999, in the H/GA and B/PA ozone 
nonattainment areas. On November 21, 1994, we conditionally granted an 
exemption to the D/FW ozone nonattainment area from NOX 
controls under section 182(f). The D/FW area failed to reach attainment 
by November 15, 1999, and modeling results indicated that 
NOX controls would help the area attain the ozone NAAQS. On 
April 20, 1999, we rescinded our conditional NOX waiver, 
under section 182(f), for the D/FW area. See 64 FR 19283. The 
compliance deadline with the NOX RACT requirements for 
affected sources in the D/FW area is as soon as practicable, but no 
later than February 15, 2001. EPA generally views two years as an 
acceptable time frame to implement RACT requirements. The

[[Page 53176]]

Texas deadline is less than two years. We are of the opinion that the 
compliance date of February 15, 2001, is practicable compared with the 
attainment demonstration dates of severe ozone nonattainment areas in 
the country. We will closely examine and question any attempts to 
extend the compliance dates beyond the February 15, 2001, date for such 
NOX sources in the D/FW area in future.

12. 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 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.
    The H/GA area is a severe ozone nonattainment area, so the major 
source size for the H/GA area is 25 tpy or more, when uncontrolled. The 
B/PA area is a moderate ozone nonattainment area, so the major source 
size for the B/PA area is 100 tpy or more, when uncontrolled. The D/FW 
area is a serious ozone nonattainment area, so the major source size 
for the D/FW area is 50 tpy or more, when uncontrolled.

13. 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.

14. 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 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.

15. 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 against violators of 
these regulations.

16. What Areas in Texas Will This Action Affect?

    The rule revisions we are approving today affect the B/PA, H/GA, 
and D/FW ozone nonattainment areas. We have classified the B/PA area as 
a moderate ozone nonattainment area, and includes the following 
counties: Hardin, Jefferson, and Orange. We have classified the H/GA 
area as a severe ozone nonattainment area, and includes the following 
counties: Brazoria, Chambers, Fort Bend, Harris, Galveston, Liberty, 
Montgomery, and Waller. We have classified the D/FW area as a serious 
ozone nonattainment area, and includes the following counties: Collin, 
Dallas, Denton, and Tarrant. If you are in one of these counties, you 
should refer to the Texas NOX rules to determine if and how 
today's action will affect you.

Final Action

    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. 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 received. This rule will be effective on October 31, 2000 without 
further notice unless we receive adverse comment by October 2, 2000. If 
EPA receives adverse comments, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

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 pre-existing requirements under State law and does 
not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This 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

[[Page 53177]]

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. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
effective October 31, 2000.
    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 October 31, 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) of the Act.

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.

    Dated August 11, 2000.
Myron O. Knudson,
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 SS--Texas

    2. In Sec. 52.2270 the entry for Chapter 117 in the table in 
paragraph (c) is revised to read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  State submittal/approval
          State citation                  Title/subject                     date                   EPA approval date                Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Chapter 117 (Reg 7)--Control of Air Pollution From Nitrogen Compounds--Subchapter A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.10...................  Definitions................  10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Subchapter B--Division 1--Utility Electric Generation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.101..................  Applicability..............  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.103..................  Exemptions.................  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.105..................  Emission Specifications....  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.107..................  Alternative System-Wide      02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Emission Specifications.                                   and Federal Register cite].  GA, BPA, and D/FW areas.
Section 117.109..................  Initial Control Plan         02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Procedures.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.111..................  Initial Demonstration of     02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.113..................  Continuous Demonstration of  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.115..................  Final Control Plan           02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Procedures.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.117..................  Revision of Final Control    02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Plan.                                                      and Federal Register cite].  GA, B/PA, and D/FW areas.

[[Page 53178]]

 
Section 117.119..................  Notification,                02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Recordkeeping, and                                         and Federal Register cite].  GA, B/PA, and D/FW areas.
                                    Reporting Requirements.
Section 117.121..................  Alternative Case Specific    02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Specifications.                                            and Federal Register cite].  GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Division 2--Commercial, Institutional, and Industrial Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.201..................  Applicability..............  05/11/1993..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.203..................  Exemptions.................  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.205..................  Emission Specifications....  10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.207..................  Alternative Plant-Wide       10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Emission Specifications.                                   and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.208..................  Operating Requirements.....  10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.209..................  Initial Control Plan         10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Procedures.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.211..................  Initial Demonstration of     10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.213..................  Continuous Demonstration of  10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.215..................  Final Control Plan           02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Procedures.                                                and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.217..................  Revision of Final Control    02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Plan.                                                      and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.219..................  Notification,                10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Recordkeeping, and                                         and Federal Register cite].  GA, B/PA, and D/FW areas.
                                    Reporting Requirements.
Section 117.221..................  Alternative Case Specific    02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Specifications.                                            and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.223..................  Source Cap.................  10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Subchapter C--Division 1--ADIPIC Acid Manufacturing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.301..................  Applicability..............  05/11/1993..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.305..................  Emission Specifications....  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA. No major source in
                                                                                                                            this category for the D/FW
                                                                                                                            area.
Section 117.309..................  Control Plan Procedures....  05/11/1993..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.311..................  Initial Demonstration of     02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.313..................  Continuos Demonstration of   02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.319..................  Notification,                02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Recordkeeping, and                                         and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                    Reporting Requirements.                                                                 major source in this
                                                                                                                            category for the D/FW area.
Section 117.321..................  Alternative Case Specific    02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Specifications.                                            and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 53179]]

 
                                            Division 2--Nitric Acid Manufacturing, Ozone Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.401..................  Applicability..............  05/11/1993..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.405..................  Emission Specifications....  05/11/1993..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA. No major source in
                                                                                                                            this category for the D/FW
                                                                                                                            area.
Section 117.409..................  Control Plan Procedures....  05/20/1998..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.411..................  Initial demonstration of     05/25/1994..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.413..................  Continuous Demonstration of  05/25/1994..................  [Insert publication date     Approved as RACT for the H/
                                    Compliance.                                                and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.419..................  Notification,                05/25/1994..................  [Insert publication date     Approved as RACT for the H/
                                    Recordkeeping, and                                         and Federal Register cite].  GA, B/PA. No major source in
                                    Reporting Requirements.                                                                 this category for the D/FW
                                                                                                                            area.
Section 117.421..................  Alternative Case Specific    05/25/1994..................  [Insert publication date     Approved as RACT for the H/
                                    Specifications.                                            and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Division 3--Nitric Acid Manufacturing, General
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.451..................  Applicability..............  05/20/1998..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                                                                                                            major source in this
                                                                                                                            category for the D/FW area.
Section 117.455..................  Emission Specifications....  05/20/1998..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA. No major source in
                                                                                                                            this category for the D/FW
                                                                                                                            area.
Section 117.458..................  Applicability of Federal     05/11/1993..................  [Insert publication date     Approved as RACT for the H/
                                    New Source Performance                                     and Federal Register cite].  GA, B/PA, 65 FR 11468. No
                                    Standards.                                                                              major source in this
                                                                                                                            category for the D/FW area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Subchapter D--Administrative Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.510..................  Compliance Schedule for      02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Utility Electric                                           and Federal Register cite].  GA, B/PA, and D/FW areas.
                                    Generation.
Section 117.520..................  Compliance Schedule for      10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Commercial, Institutional,                                 and Federal Register cite].  GA, B/PA, and D/FW areas.
                                    and Industrial Combustion
                                    Sources.
Section 117.530..................  Compliance Schedule for      05/20/1998..................  [Insert publication date     Approved as RACT for the H/
                                    Nitric Acid and Adipic                                     and Federal Register cite].  GA, B/PA. No major source in
                                    Acid Manufacturing Sources.                                                             this category for the D/FW
                                                                                                                            area.
Section 117.540..................  Phased Reasonably Available  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                    Control Technology.                                        and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.560..................  Recission..................  05/25/1994..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
Section 117.570..................  Trading....................  10/27/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Subchapter E--Gas-Fired Steam Generation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.601..................  Gas-Fired Steam Generation.  02/24/1999..................  [Insert publication date     Approved as RACT for the H/
                                                                                               and Federal Register cite].  GA, B/PA, and D/FW areas.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 53180]]

[FR Doc. 00-22056 Filed 8-31-00; 8:45 am]
BILLING CODE 6560-50-P