[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Proposed Rules]
[Pages 36532-36542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-134-8-7507; FRL-7011-3]


Approval and Promulgation of Implementation Plans; Texas; Control 
of Emissions of Nitrogen Oxides From Stationary Sources in the Houston/
Galveston Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed approval.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing approval of rules into the Texas State 
Implementation Plan (SIP). This rulemaking covers six separate actions. 
First, we are proposing to approve revisions to the Texas Nitrogen 
Oxides ( NOX) rules for point sources of NOX in 
the Houston/Galveston (H/GA) ozone nonattainment area of Texas as 
submitted to us by the State on December 22, 2000. These new limits for 
point sources of NOX in the H/GA will contribute to 
attainment of the 1-hour ozone National Ambient Air Quality Standard 
(NAAQS) in the H/GA 1-hour ozone nonattainment area. Second, we are 
proposing to exclude Carbon monoxide (CO) and ammonia emission limits 
ancillary to the NOX standards for post combustion controls 
found in Title 30 of the Texas Administrative Code (TAC), Chapter 117. 
Third, we are proposing to approve, by parallel processing, revisions 
to the Texas NOX rules for stationary diesel engines or 
stationary dual-fuel engines in the H/GA 1-hour ozone nonattainment 
area. Fourth, we are proposing to approve, through parallel processing, 
revisions made to the Texas SIP concerning compliance schedules for 
utility electric generation and Industrial, Commercial, and 
Institutional (ICI) sources in the H/GA area. Fifth, we are proposing 
to approve, through parallel processing, revisions made to the Texas 
SIP concerning lean-burn and rich-burn engines. Sixth, we are listing, 
not approving, the alternate NOX emissions specifications 
and reductions that the May 30, 2001, revision to the Texas SIP 
contains.
    The EPA is proposing approval of SIP revisions described as actions 
number one, two, three, four, and five to regulate emissions of 
NOX as meeting the requirements of the Federal Clean Air Act 
(the Act).

DATES: Comments must be received on or before August 13, 2001.

ADDRESSES: Your comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section, Environmental Protection 
Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733. Copies of the documents about this action including the Technical 
Support Document, are available for public inspection during normal 
business hours at the following locations. Persons interested in 
examining these documents should make an appointment with the 
appropriate office at least 24 hours before the visiting day.

Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, 
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, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-6691, and [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

1. What actions are we taking in this document?
2. What happened to the Texas SIP revision from December 22, 2000, 
to May 30, 2001?

[[Page 36533]]

3. What is the sixth action that we are taking in this document?
4. What does the proposed December 22, 2000, SIP revision for point 
sources of NOX in the H/GA area say?
5. What is the proposed compliance schedule for point sources of 
NOX in the H/GA area based upon the December 22, 2000, 
SIP revision?
6. What are the existing NOX emissions specifications, 
for stationary diesel engines or stationary dual-fuel engines, in 
the approved Texas SIP?
7. What does the proposed May 30, 2001, SIP revision for stationary 
diesel engines in the H/GA area say?
8. What is the proposed compliance schedule date for stationary 
diesel engines in the H/GA area based on the proposed May 30, 2001, 
SIP revision?
9. What does the proposed May 30, 2001, SIP revision for point 
sources of NOX in the H/GA area say?
10. What are the proposed NOX emissions specifications in 
the ICI source category for attainment demonstration within the H/GA 
area, based on the proposed May 30, 2001, SIP revision?
11. What are the proposed alternate NOX emissions 
specifications in the ICI source category for attainment 
demonstration within the H/GA area, based on the proposed May 30, 
2001, SIP revision?
12. What are the NOX emissions reductions based on the 
proposed May 30, 2001, SIP revision?
13. What are the NOX emissions reductions based on the 
future adoption of the alternate NOX emissions 
specifications in the proposed May 30, 2001, SIP revision?
14. What is the proposed compliance schedule for utility electric 
generation point sources of NOX in the H/GA area based on 
the proposed May 30, 2001, SIP revision?
15. What is the proposed compliance schedule for utility electric 
generation point sources of NOX in the H/GA area under 
the alternate scenario in the proposed May 30, 2001, SIP revision?
16. What is the proposed compliance schedule for affected ICI 
sources of NOX in the H/GA area based on the proposed May 
30, 2001, SIP revision?
17. What is the proposed compliance schedule for affected ICI 
sources of NOX in the H/GA area under the alternate 
scenario based on the proposed May 30, 2001, SIP revision?
18. What are NOX?
19. What is a nonattainment area?
20. What are definitions of major sources for NOX?
21. What is a State Implementation Plan?
22. What is the Federal approval process for a SIP?
23. What areas in Texas will the stationary diesel engines or 
stationary dual-fuel engines rule affect based on the proposed May 
30, 2001, SIP revision?
24. What areas in Texas will the proposed May 30, 2001, SIP revision 
for point sources of NOX affect? Throughout this document 
``we,'' ``us,'' and ``our'' means EPA.

1. What Actions Are We Taking in This Document?

    On December 22, 2000, George W. Bush, then Governor of Texas, 
submitted rule revisions to 30 TAC, Chapter 117, ``Control of Air 
Pollution From Nitrogen Compounds,'' as a revision to the SIP for point 
sources in the H/GA. The State of Texas submitted this revision to us 
as a part of the NOX reductions needed for the H/GA area to 
attain the 1-hour ozone standard. These NOX reductions will 
assist H/GA to attain the 1-hour ozone standard.
    The December 22, 2000, submittal required an 89 percent reduction 
in emissions of NOX from point sources in the H/GA area. In 
this document we are taking six separate actions:
    (1) We are proposing to approve the December 22, 2000, rule 
revision to the Texas SIP.
    (2) We are proposing to approve that the CO and ammonia emission 
limits found in 30 TAC Chapter 117 in conjunction with NOX 
emission limits, not be a part of the federally approved Texas SIP. In 
our 65 FR 64148 document published on October 26, 2000, and 65 FR 64914 
document published on October 31, 2000, we included CO and ammonia 
emission limits, in addition to the NOX emission limits, as 
a part of the federally approved Texas SIP, by mistake. Texas did not 
originally request their inclusion and subsequently requested not to 
have these limits included as a part of the federally approved SIP. We 
are now correcting that error and are proposing that the limits on CO 
and ammonia emissions, resulting from use of post combustion controls, 
not be a part of the federally approved SIP for Texas.
    (3) We are proposing to approve, through parallel processing, a 
procedure explained below, revisions made to sections of 30 TAC, 
Chapter 117 that Texas proposed on May 30, 2001, and submitted to us, 
concerning stationary diesel engines or stationary dual-fuel engines 
under Part D of the Act because Texas is relying on these 
NOX reductions to demonstrate attainment of the 1-hour ozone 
standard in the H/GA 1-hr ozone nonattainment area.
    (4) We are proposing to approve, through parallel processing, 
revisions made to sections of 30 TAC, Chapter 117 that Texas proposed 
on May 30, 2001, and submitted to us, concerning NOX 
emissions specifications and compliance schedules for utility electric 
generation and ICI sources in the H/GA area. Section 9, Table VI, 
section 14, Table XII, and section 16, Table XIV of this document 
contain more information about action number four.
    (5) We are proposing to approve, through parallel processing, 
revisions made to sections of 30 TAC, Chapter 117 that Texas proposed 
on May 30, 2001, and submitted to us, concerning both the lean-burn and 
rich-burn reciprocating internal combustion engines. Section 10, Table 
VIII of this document contains more information about action number 
five.
    We will explain action number six in section 3 of this document. To 
better understand action number six in this document we strongly 
recommend you read section 2, first.
    The public comment period for this proposed State rule revision 
closes on July 2, 2001. If the State makes significant changes between 
the version we are parallel processing and the final adopted version, 
other than those changes resulting from issues discussed in this 
proposed rulemaking, we will issue an additional notice of proposed 
rulemaking before taking final action. If there are no significant 
changes and the State submits the final rule revision to us for 
approval, then we will go ahead with a final rulemaking.
    In this document we are not proposing to approve the alternate or 
less stringent NOX emissions specifications and less 
stringent emissions reductions that are part of the proposed May 30, 
2001, Texas SIP revision, at this time. Section 9, Table VII, section 
11, Table IX, section 13, Table XI, section 15, Table XIII, and section 
17, Table XV of this document contain more information about parts of 
the proposed May 31, 2001, Texas SIP revision that we are not proposing 
to approve in this rulemaking action.
    Table I contains a summary list of the sections of 30 TAC, Chapter 
117 that Texas proposed on May 30, 2001, for sources of NOX 
in the H/GA.

  Table I.--Section Numbers and Section Descriptions of 30 TAC, Chapter
        117 Affected by the May 30, 2001, Proposed Rule Revision
------------------------------------------------------------------------
              Section                            Description
------------------------------------------------------------------------
117.10............................  Definitions.

[[Page 36534]]

 
117.101...........................  Applicability.
117.103...........................  Exemptions.
117.105...........................  Emission Specifications for
                                     Reasonably Available Control
                                     Technology.
117.106...........................  Emission Specifications for
                                     Attainment Demonstrations.
117.107...........................  Alternative System-wide Emission
                                     Specifications.
117.108...........................  System Cap.
117.110...........................  System Cap.
117.111...........................  Initial Demonstration of Compliance.
117.113...........................  Continuous Demonstration of
                                     Compliance.
117.114...........................  Emission Testing and Monitoring for
                                     the Houston/Galveston Attainment
                                     Demonstration.
117.116...........................  Final Control Plan Procedures for
                                     Attainment Demonstration Emission
                                     Specifications.
117.119...........................  Notification, Recordkeeping, and
                                     Reporting Requirements.
117.121...........................  Alternative Case Specific
                                     Specifications.
117.138...........................  System Cap.
117.201...........................  Applicability.
117.203...........................  Exemptions.
117.205...........................  Emission Specifications for
                                     Reasonably Available Control
                                     Technology (RACT).
117.206...........................  Emission Specifications for
                                     Attainment Demonstrations.
117.207...........................  Alternative Plant-wide Emission
                                     Specifications.
117.208...........................  Operating Requirements.
117.210...........................  System Cap.
117.211...........................  Initial Demonstration of Compliance.
117.213...........................  Continuous Demonstration of
                                     Compliance.
117.214...........................  Emission Testing and Monitoring for
                                     the Houston/Galveston Attainment
                                     Demonstration.
117.216...........................  Final Control Plan Procedures for
                                     Attainment Demonstration Emission
                                     Specifications.
117.219...........................  Notification, Recordkeeping, and
                                     Reporting Requirements.
117.221...........................  Alternative Case Specific
                                     Specifications.
117.471...........................  Applicability.
117.473...........................  Exemptions.
117.475...........................  Emission Specifications.
117.478...........................  Operating Requirements.
117.479...........................  Monitoring, Recordkeeping, and
                                     Reporting Requirements.
117.510...........................  Compliance Schedule for Utility
                                     Electric Generation in Ozone
                                     Nonattainment Areas.
117.520...........................  Compliance Schedule for Industrial,
                                     Commercial, and Institutional
                                     Combustion Sources in Ozone
                                     Nonattainment areas.
117.534...........................  Compliance Schedule for Boilers,
                                     Process Heaters, Stationary
                                     Engines, and Gas Turbines at Minor
                                     Sources.
117.570...........................  Use of Emissions Credits for
                                     Compliance.
------------------------------------------------------------------------

2. What Happened to the Texas SIP Revision Between December 22, 
2000, and May 30, 2001?

    On January 19, 2001, a coalition of industries known as the BCCA 
Appeal Group, joined by Enterprise Products Operating, L.P., Equistar 
Chemicals, L.P., Lyondell Chemical Company, Lyondell-Citgo Refining, 
L.P., and Reliant Energy, Incorporated (collectively, Plaintiffs) filed 
a law suit against the TNRCC, TNRCC's Commissioners, and its Executive 
Director (Defendants) in the District Court of Travis County of Texas. 
Among other issues, the suit challenged the requirements of the 
December 22, 2000, submittal concerning revisions to 30 TAC, Chapter 
117 for point sources of NOX in the H/GA area. The 
Plaintiffs and Defendants arrived at a negotiated settlement on May 18, 
2001. As a result of this settlement, the TNRCC proposed a revision to 
the 30 TAC, Chapter 117, ``Control of Air Pollution From Nitrogen 
Compounds,'' for point sources in the H/GA area, on May 30, 2001.
    On June 15, 2001, Texas Governor Rick Perry submitted a request 
letter to us asking to process the May 30, 2001, proposed rule 
revisions to 30 TAC, Chapter 117, as a revision to the SIP from point 
sources in the H/GA, through parallel processing. The State of Texas 
submitted this revision to us as a part of the NOX 
reductions needed for the H/GA area to attain the 1-hour ozone 
standard.
    Under the settlement agreement with BCCA, the TNRCC will conduct a 
scientific study (Study) examining the causes and possible solutions to 
the H/GA area's 1-hour ozone nonattainment problem. This Study will 
assess the impact of reducing emissions of the industrial based VOC due 
to episodic releases. If the Study shows that the area can reach 
attainment by 2007 with fewer NOX emission reductions from 
point sources of NOX concurrent with other emission 
reduction strategies and plans, then the alternate (less stringent when 
compared with Table II) NOX emission specifications may take 
effect for attainment demonstration purposes in the H/GA area.
    The TNRCC will have to make its determination and decision in the 
form of a rulemaking on the Study no later than June 1, 2002. The State 
will then need to submit any resulting rulemaking to EPA for evaluation 
and review as a SIP revision.
    The Study may also show that reducing VOCs emissions from episodic 
releases or other emission reduction strategies may not result in the 
area reaching attainment. In that case, the alternate NOX 
emission specifications and less stringent NOX emission 
reductions will not be appropriate choices to bring the H/GA area into 
attainment.
    We want to make it clear that regardless of the findings of this 
Study, or its potential follow up study, the 2007 deadline for 
compliance with the federal 1-hr ozone standard in the H/GA area will 
remain unchanged. Any new

[[Page 36535]]

control strategy will have to achieve attainment with the federal 1-hr 
ozone standard by 2007.
    We want to make it clear that our listing of the alternate 
NOX emissions specifications, alternate compliance 
schedules, and alternate overall point sources NOX 
reductions (May 30, 2001, revision) in this document is by no means 
indicative of EPA's approval of these listings for point sources of 
NOX in the H/GA area.

3. What Is the Sixth Action That We Are Taking in This Document?

    (6) We are listing, not approving, the requirements of the May 30, 
2001, revision to the Texas SIP, including its alternate (less 
stringent) NOX emission specifications and reduction plans, 
in this document. By listing the requirements of the May 30, 2001, 
revision to the Texas SIP, including its alternate NOX 
emission specifications and reduction plans, we are not approving these 
requirements. We will evaluate the alternate emission specifications 
and requirements proposed in the May 30, 2001, revision to the Texas 
SIP under the following conditions: (1) the area can reach attainment 
by 2007 with fewer NOX emission reductions from point 
sources, and (2) the State renews the request to include the 
alternative specifications and requirements in the SIP, or (3) an 
evaluation is otherwise appropriate.
    To find out more about the proposed May 30, 2001, revision to the 
Texas SIP, including its alternate NOX emission 
specifications and plans, see sections 9 through 17 of this document.

4. What Does the Proposed December 22, 2000, SIP Revision for Point 
Sources of NOX in the H/GA Area Say?

    This rule revision requires reductions of NOX emissions 
from point sources in the H/GA ozone nonattainment area. The following 
table contains a summary of the NOX emission specifications 
for attainment demonstration purposes that the State adopted in the 
December 22, 2000, SIP revision for point sources in the H/GA.

      Table II.--Affected Sources and NOX Emission Specifications for Attainment Demonstration in the H/GA
----------------------------------------------------------------------------------------------------------------
                 Source                           NOX emission specification for attainment demonstration
----------------------------------------------------------------------------------------------------------------
Utility boilers.........................  0.010-0.060 lb/MMBtu.
Turbines and Duct Burners...............  0.015-0.150 lb/MMBtu.
Heaters and Furnaces....................  0.010-0.036 lb/MMBtu.
Internal Combustion Engines.............  0.045-0.133 lb/MMBtu or 0.17-0.50 gram/hp-hr.
Industrial Boilers......................  0.010-0.089 lb/MMBtu.
----------------------------------------------------------------------------------------------------------------

    The proposed rulemaking will control/reduce NOX 
emissions in the H/GA area in two phases or Tiers. We will refer to 
these two emission reduction phases as Tier I and Tier II Reductions. 
The following Table contains a summary of the 1997 NOX 
emissions and the proposed emission reductions for each point source 
category in the H/GA area.
    We are proposing approval of the above-listed NOX 
emissions specifications for point sources of NOX in the H/
GA as a part of the Texas 1-hour ozone SIP under Part D of the Act 
because Texas is relying on the NOX control measures to 
demonstrate attainment of the 1-hour ozone standard in the H/GA 
nonattainment area.

        Table III.--Affected Point Sources, 1997 Emissions, and Proposed Emission Reductions for the H/GA
----------------------------------------------------------------------------------------------------------------
                                                                  1997 NOX emissions,        Tier I + Tier II
                            Sources                                tons per day (tpd)       reductions, (tpd)
----------------------------------------------------------------------------------------------------------------
Utility Boilers...............................................                   196.44                      184
Turbines and Duct Burners.....................................                   155.65                      141
Process Heaters and Furnaces..................................                   110.12                       97
Internal Combustion Engines...................................                    86.37                       75
Industrial Boilers............................................                    85.98                       79
Other.........................................................                    32.99                       19
Overall Point Sources.........................................                   667.55                      595
----------------------------------------------------------------------------------------------------------------

    The combined NOX emission reductions of Tier I and Tier 
II in the proposed rulemaking will be 595 tpd or 89 percent, when 
compared to the 1997 emission levels. We are proposing approval of the 
overall NOX point sources reductions in the H/GA as a part 
of the Texas 1-hour ozone SIP under part D of the Act because Texas is 
relying on the NOX control measures to demonstrate 
attainment of the 1-hour ozone standard in the H/GA nonattainment area.

5. What Is the Proposed Compliance Schedule for Point Sources of 
NOX in the H/GA Area Based Upon the December 22, 2000, 
SIP Revision?

    As stated before, this rule revision offers a phased-in approach 
concerning the emission reductions and compliance schedule for point 
sources of NOX in the H/GA. The following table contains a 
summary of the time-table/compliance schedule for the affected point 
sources of NOX in the H/GA.

 Table IV.--Affected Sources of NOX in the H/GA and Compliance Schedules
------------------------------------------------------------------------
                                    Compliance           Additional
            Sources                  schedule           information
------------------------------------------------------------------------
Utility Electric Generation...  March 31, 2003...  Investor-owned; first
                                                    46% of total
                                                    required NOX
                                                    reductions.

[[Page 36536]]

 
Utility Electric Generation...  March 31, 2004...  Investor-owned; the
                                                    next 46% required
                                                    NOX reductions.
Utility Electric Generation...  March 31, 2007...  Investor-owned; final
                                                    required NOX
                                                    reductions.
Industrial, Commercial, and     March 31, 2004...  First 44% of required
 Institutional Combustion                           NOX reductions.
 Sources.
Industrial, Commercial, and     March 31, 2005...  Next 45% of required
 Institutional Combustion                           NOX reductions.
 Sources.
Industrial, Commercial, and     March 31, 2007...  Final NOX reductions.
 Institutional Combustion
 Sources.
Boilers, Process Heaters, and   March 31, 2005...  In cap and trade
 Stationary Engines at Minor                        program.
 Sources.
Boilers, Process Heaters, and   March 31, 2005...  Not in cap and trade
 Stationary Engines at Minor                        program.
 Sources.
------------------------------------------------------------------------

    We are of the opinion that the above listed compliance dates and 
time-table combined with the cap and trade provisions of the rule offer 
operational flexibility to the affected point sources in the H/GA. We 
are proposing approval of the above-listed compliance dates for point 
sources of NOX in the H/GA as a part of the Texas 1-hour 
ozone SIP under Part D of the Act because Texas is relying on the 
NOX control measures to demonstrate attainment of the 1-hour 
ozone standard in the H/GA nonattainment area.

6. What Are the Existing NOX Emissions Specifications, 
for Stationary Diesel Engines or Stationary Dual-Fuel Engines, in 
the Approved Texas SIP?

    None. Prior to May 30, 2001, the TNRCC had not proposed regulations 
in the Texas SIP limiting NOX emissions from stationary 
diesel engines or stationary dual-fuel engines.

7. What Does the Proposed May 30, 2001, SIP Revision for Stationary 
Diesel Engines in the H/GA Area Say?

    This proposed rule revision requires reductions of NOX 
emissions from stationary diesel engines in the H/GA area. The 
following table contains a summary of the proposed May 30, 2001, SIP 
revision for stationary diesel engines in the H/GA area.

     Table V.--Affected Sources and NOX Emission Specifications for
               Stationary Diesel Engines in the H/GA Area
------------------------------------------------------------------------
                   Source                     NOX Emission specification
------------------------------------------------------------------------
Diesel engines in service after October 1,    11.0 gram/hp-hr.
 2001: not modified, reconstructed, or
 relocated on or after October 1, 2001.
Rated less than 11 hp: modified,              7.0 gram/hp-hr.
 reconstructed, or relocated on or after
 October 1, 2001, but before October 1, 2004.
Rated less than 11 hp: modified,              5.0 gram/hp-hr
 reconstructed, or relocated on or after
 October 1, 2004.
11 hp  rated  25 hp: installed,    6.3 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2004.
11 hp  rated  25 hp: installed,    5.0 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2004.
25 hp  rated  50 hp: installed,    6.3 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2003.
25 hp  rated  50 hp: installed,    5.0 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2003.
50 hp  rated  100 hp: installed,   6.9 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2003.
50 hp  rated  100 hp: installed,   5.0 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2003.
50 hp  rated  100 hp: installed,   3.3 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2007.
100 hp  rated  175 hp: installed,  6.9 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2002.
100 hp  rated  175 hp: installed,  4.5 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2002, but before October
 1, 2006.
100 hp  rated  175 hp: installed,  2.8 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2006.
175 hp  rated  300 hp: installed,  6.9 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2002.
175 hp  rated  300 hp: installed,  4.5 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2002, but before October
 1, 2005.
175 hp  rated  300 hp: installed,  2.8 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2005.
300 hp  rated  600 hp: installed,  4.5 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2005.
300 hp  rated  600 hp: installed,  2.8 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2005.
600 hp  rated  750 hp: installed,  4.5 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2005.
600 hp  rated  750 hp: installed,  2.8 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2005.
Rated  750 hp: installed,          6.9 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2001, but before October
 1, 2005.
Rated  750 hp: installed,          4.5 gram/hp-hr.
 modified, reconstructed, or relocated on or
 after October 1, 2005.
------------------------------------------------------------------------

    We are of the opinion that these emission specifications are in 
agreement with those found in Code of Federal Regulations (CFR), Title 
40, Sec. 89.112, and EPA's Document Number 420-R-98-016 dated August 
1998, entitled

[[Page 36537]]

``Final Regulatory Impact Analysis: Control of Emissions from Nonroad 
Diesel Engines.'' We are also of the opinion that these NOX 
emission specifications will contribute to the attainment of the 1-hr 
ozone standard in the H/GA area. The estimated NOX emission 
reductions attributed to the stationary diesel engines or stationary 
dual-fuel engines provisions of this rule revision is 1.00 tpd.
    We are proposing approval of these stationary diesel engines or 
stationary dual-fuel engines rule revisions under Part D of the Act 
because Texas is relying on these NOX reductions to 
demonstrate attainment of the 1-hour ozone standard in the H/GA 1-hr 
ozone nonattainment area.

8. What Is the Proposed Compliance Schedule Date for Stationary 
Diesel Engines in the H/GA Area Based on the Proposed May 30, 2001, 
SIP Revision?

    Under the May 30, 2001, Texas SIP revision, the proposed compliance 
date for stationary diesel engines and stationary dual-fuel engines in 
the H/GA area is April 1, 2002. See sections 117.520 and 117.534 of the 
proposed rule. We consider the April 1, 2002, compliance date for 
stationary diesel engines and dual-fuel engines, in the H/GA area, as 
expeditious as practicable.
    We are proposing approval of these stationary diesel engines or 
stationary dual-fuel engines compliance schedules under Part D of the 
Act because Texas is relying on these NOX reductions to 
demonstrate attainment of the 1-hour ozone standard in the H/GA 1-hr 
ozone nonattainment area.

9. What Does the Proposed May 30, 2001, SIP Revision for Point 
Sources of NOX in the H/GA Area Say?

    This rule revision requires reductions of NOX emissions 
from point sources in the H/GA ozone nonattainment area. The following 
table contains a summary of the NOX emission specifications 
for attainment demonstration purposes that the State has proposed to 
adopt in the SIP revision for point sources in the H/GA.

     Table VI.--Affected Sources and NOX Emission Specifications for
                  Attainment Demonstration in the H/GA
------------------------------------------------------------------------
                                        NOX emission specification for
               Source                     attainment  demonstration
------------------------------------------------------------------------
Utility boilers, gas fired.........  0.020 lb/MMBtu
Utility boilers, coal-fired or oil-  0.040 lb/MMBtu
 fired.
Auxiliary steam boilers............  0.010-0.036 lb/MMBtu
Stationary gas turbines + duct       0.015-0.150 lb/MMBtu
 burners in turbine exhaust.
------------------------------------------------------------------------

    We are of the opinion that NOX emission specifications 
listed in Table VI will contribute to attainment of the 1-hr ozone 
standard in the H/GA area. We are proposing approval of the above-
listed NOX emissions specifications for affected point 
sources of NOX in the H/GA as a part of the Texas 1-hour 
ozone SIP under part D of the Act because Texas is relying on the 
NOX control measures to demonstrate attainment of the 1-hour 
ozone standard in the H/GA nonattainment area.

    Table VII.--Affected Sources and NOX Emission Specifications for
      Attainment Demonstration in the H/GA Under Alternate Scenario
------------------------------------------------------------------------
                                        NOX emission specification for
               Source                     attainment  demonstration
------------------------------------------------------------------------
Utility boilers, gas fired.........  0.030 lb/MMBtu
Utility boilers, coal-fired or oil-  0.050 lb/MMBtu
 fired: wall-fired.
Utility boilers, coal-fired or oil-  0.045 lb/MMBtu
 fired: tangential-fired.
Auxiliary steam boilers............  0.030 lb/MMBtu
Stationary gas turbines + duct       0.032 lb/MMBtu
 burners in turbine exhaust.
------------------------------------------------------------------------

    We are not proposing to approve, through parallel processing, the 
alternate scenario listed in Table VII of this document.
    Instead of adopting NOX emission specifications listed 
in Tables II or VII of this document for affected sources with an 
annual capacity factor of 0.0383 or less, a source or operator can use 
an emission specification of 0.060 lb NOX per million Btu. 
This option will allow for operational flexibility in the rule.

10. What Are the Proposed NOX Emissions Specifications 
in ICI Source Category for Attainment Demonstration Within the H/GA 
Area, Based on the Proposed May 30, 2001, SIP Revision?

    You can find proposed NOX emissions specifications for 
the ICI source category within the H/GA for attainment demonstration 
purposes in the H/GA in the following table.

    Table VIII.--Affected Industrial, Commercial, and Institutional Combustion Sources and Their NOX Emission
                             Specifications for Attainment Demonstration in the H/GA
----------------------------------------------------------------------------------------------------------------
                    Source                          NOX emission specification for  attainment demonstration
----------------------------------------------------------------------------------------------------------------
Stationary, reciprocating internal combustion   0.60 gram/hp-hr.
 engines: gas-fired rich-burn firing landfill
 gas.
Stationary, reciprocating internal combustion   0.17 gram/hp-hr.
 engines: gas-fired rich-burn not firing on
 landfill gas.

[[Page 36538]]

 
Stationary, reciprocating internal combustion   0.60 gram/hp-hr.
 engines: gas-fired lean-burn firing on
 landfill gas.
Stationary, reciprocating internal combustion   0.50 gram/hp-hr.
 engines: gas-fired rich-burn not firing on
 landfill gas.
Dual fuel engines with initial start of         5.83 gram/hp-hr.
 operation on or before December 31, 2000.
Dual fuel engines with initial start of         0.50 gram/hp-hr.
 operation after December 31, 2000.
Gas-fired boilers.............................  0.010-0.036 lb/MMBtu.
Fluid catalytic cracking units. Includes CO     13 ppm @ zero percent O2, dry basis.
 boilers, CO furnaces, and catalyst
 regenerator vents.
Boilers and industrial furnaces...............  0.015-0.030 lb/MMBtu.
Coke-fired boilers............................  0.057 lb/MMBtu.
Wood fuel-fired boilers.......................  0.046 lb/MMBtu.
Rice hull-fired boilers.......................  0.089 lb/MMBtu.
Oil-fired boilers.............................  2.0 lb/1,000 gallons of oil burned.
Process heaters...............................  0.010-0.036 lb/MMBtu.
Stationary gas turbines.......................  0.015-0.15 lb/MMBtu.
Duct burners in turbine exhaust ducts.........  0.015 lb/MMBtu.
Pulping liquor recovery furnaces..............  0.050 lb/MMBtu or 1.08 lb/ADTP.
Lime kilns....................................  0.66 lb/ton of CaO.
Lightweight aggregate kilns...................  0.76 lb/ton of product.
Metallurgical heat treat furnaces.............  0.087 lb/MMBtu.
Metallurgical reheat furnaces.................  0.062 lb/MMBtu.
Incinerators..................................  0.030 lb/MMBtu.
----------------------------------------------------------------------------------------------------------------

    We are proposing approval of the above-listed NOX 
emissions specifications for point sources of NOX in the H/
GA as a part of the Texas 1-hour ozone SIP under part D of the Act 
because Texas is relying on the NOX control measures to 
demonstrate attainment of the 1-hour ozone standard in the H/GA 
nonattainment area.
    Instead of adopting NOX emission specifications listed 
in Table VIII of this document for affected sources with an annual 
capacity factor of 0.0383 or less, a source or operator can use an 
emission specification of 0.060 lb NOX per million Btu. This 
option will allow for operational flexibility in the rule.

11. What Are the Proposed Alternate NOX Emissions 
specifications in the ICI Source Category for Attainment 
Demonstration Within the H/GA Area, Based on the Proposed May 30, 
2001, SIP Revision?

    You can find the proposed alternate NOX emissions 
specifications in the ICI source category for attainment demonstration 
within the H/GA area in the following table:

    Table IX.--Affected ICI Sources and Their Alternate NOX Emission
    Specifications for Attainment Demonstration Within the H/GA Area
------------------------------------------------------------------------
                                       NOX Emission specification for
              Source                     attainment  demonstration
------------------------------------------------------------------------
Stationary, reciprocating          0.60 gram/hp-hr.
 internal combustion engines: gas-
 fired rich-burn firing landfill
 gas.
Stationary, reciprocating          0.50 gram/hp-hr.
 internal combustion engines: gas-
 fired rich-burn not firing on
 landfill gas.
Stationary, reciprocating          0.60 gram/hp-hr.
 internal combustion engines: gas-
 fired lean-burn firing on
 landfill gas.
Stationary, reciprocating          0.50 gram/hp-hr.
 internal combustion engines: gas-
 fired rich-burn not firing on
 landfill gas.
Dual fuel engines with initial     5.83 gram/hp-hr.
 start of operation on or before
 December 31, 2000.
Dual fuel engines with initial     0.50 gram/hp-hr.
 start of operation after
 December 31, 2000.
Gas-fired boilers................  0.020-0.036 lb/MMBtu.
Fluid catalytic cracking units.    40 ppmv @ zero percent O2, dry basis.
 Includes CO boilers, CO
 furnaces, and catalyst
 regenerator vents.
Boilers and industrial furnaces..  0.015-0.030 lb/MMBtu.
Coke-fired boilers...............  0.057 lb/MMBtu.
Wood fuel-fired boilers..........  0.046 lb/MMBtu.
Rice hull-fired boilers..........  0.089 lb/MMBtu.
Oil-fired boilers................  2.0 lb/1,000 gallons of oil burned.
Process heaters except pyrolysis   0.025-0.036 lb/MMBtu.
 reactors.
Pyrolysis reactors...............  0.036 lb/MMBtu.
Stationary gas turbines..........  0.032-0.26 lb/MMBtu.
Duct burners in turbine exhaust    0.032-0.26 lb/MMBtu.
 ducts.
Pulping liquor recovery furnaces.  0.050 lb/MMBtu or 1.08 lb/ADTP.
Lime kilns.......................  0.66 lb/ton of CaO.
Lightweight aggregate kilns......  0.76 lb/ton of product.
Metallurgical heat treat furnaces  0.087 lb/MMBtu.
Metallurgical reheat furnaces....  0.062 lb/MMBtu.
Incinerators.....................  0.030 lb/MMBtu.
------------------------------------------------------------------------


[[Page 36539]]

    We are not proposing to approve, through parallel processing, the 
alternate scenario information listed in Table IX of this document.
    Instead of adopting NOX emission specifications listed 
in Table IX of this document for affected sources with an annual 
capacity factor of 0.0383 or less, a source or operator can use an 
emission specification of 0.060 lb NOX per million Btu. This 
option will allow for operational flexibility in the rule.

12. What Are the NOX Emissions Reductions Based on the 
Proposed May 30, 2001, SIP Revision?

    The proposed rulemaking will control/reduce NOX 
emissions in the H/GA area in two phases or Tiers. As stated before, we 
will refer to these two emission reduction phases as Tier I and Tier II 
Reductions. The following Table contains a summary of the 1997 
NOX emissions and the May 30, 2001, proposed emission 
reductions for each point source category in the H/GA area.

         Table X.--Affected Point Sources, 1997 Emissions, and Proposed Emission Reductions for the H/GA
----------------------------------------------------------------------------------------------------------------
                                                                  1997 NOX emissions,        Tier I + Tier II
                            Sources                                tons per day (tpd)       reductions, (tpd)
----------------------------------------------------------------------------------------------------------------
Utility Boilers...............................................                   196.44                      176
Turbines and Duct Burners.....................................                   155.65                      141
Process Heaters and Furnaces..................................                   110.12                       97
Internal Combustion Engines...................................                    86.37                       77
Industrial Boilers............................................                    85.98                       79
Other.........................................................                    32.99                       19
Overall Point Sources.........................................                   667.55                      588
----------------------------------------------------------------------------------------------------------------

    The combined NOX emission reductions of Tier I and Tier 
II in this version of the proposed rulemaking will be 588 tpd or 88 
percent, when compared to the 1997 emission levels. The change in 
overall point sources NOX reductions in Table X, as compared 
with that of Table III, is due to revisions to the requirements of 
subsections 117.106(c)(1) and 117.206(c)(9)(D).

13. What Are the NOX Emissions Reductions Based on the 
Future Adoption of the Alternate NOX Emission 
Specifications in the Proposed May 30, 2001, SIP Revision?

    If the State adopts the alternate NOX emission 
specifications of Tables VII and IX in future, the expected emission 
reductions for each point source category in the H/GA area would be as 
follows:

   Table XI.--Affected Point Sources, 1997 Emissions, and Proposed Emission Reductions for the H/GA Under the
                                               Alternate Scenario
----------------------------------------------------------------------------------------------------------------
                                                                  1997 NOX emissions,        Tier I + Tier II
                            Sources                                tons per day (tpd)       reductions, (tpd)
----------------------------------------------------------------------------------------------------------------
Utility Boilers...............................................                   196.44                      169
Turbines and Duct Burners.....................................                   155.65                      122
Process Heaters and Furnaces..................................                   110.12                    63-86
Internal Combustion Engines...................................                    86.37                       76
Industrial Boilers............................................                    85.98                       76
Other.........................................................                    32.99                       16
Overall Point Sources.........................................                   667.55                  522-545
----------------------------------------------------------------------------------------------------------------

    The combined NOX emission reductions of Tier I and Tier 
II under the alternate scenario of the proposed rulemaking would be 
522-545 tpd or 78-82 percent, when compared to the 1997 emission 
levels. The change in overall point sources NOX reductions 
in Table XI, as compared with that of Table III, is due to revisions to 
the requirements of subsections 117.106(c)(1) and 117.206(c)(9)(D).
    We are not proposing to approve, through parallel processing, the 
alternate scenario listed in Table XI of this document.

14. What Is the Proposed Compliance Schedule for Utility Electric 
Generation Point Sources of NOX in the H/GA Area Based 
on the Proposed May 30, 2001, SIP Revision?

    As stated before, this rule revision introduces a phased-in 
approach concerning the emission reductions and compliance schedule for 
point sources of NOX in the H/GA. The following table 
contains a summary of the time-table/compliance schedule for the 
affected utility electric generation point sources of NOX in 
the H/GA.

Table XII.--Affected Sources of NOX in the H/GA and Compliance Schedules
------------------------------------------------------------------------
                                                         Additional
           Sources             Compliance schedule       information
------------------------------------------------------------------------
Utility Electric Generation.  March 31, 2003......  At least 47% of
                                                     total required NOX
                                                     reductions.
Utility Electric Generation.  March 31, 2004......  At least 95% of
                                                     total required NOX
                                                     reductions.
Utility Electric Generation.  March 31, 2007......  Demonstrate
                                                     compliance with
                                                     system cap limits
                                                     of 117.108.
------------------------------------------------------------------------


[[Page 36540]]

    We are of the opinion that the above-listed compliance dates and 
time-table for affected sources offer operational flexibility to the 
rule. We are proposing approval of the above-listed compliance dates 
for affected point sources of NOX in the H/GA as a part of 
the Texas 1-hour ozone SIP under part D of the Act because Texas is 
relying on the NOX control measures to demonstrate 
attainment of the 1-hour ozone standard in the H/GA nonattainment area.

15. What Is the Proposed Compliance Schedule for Utility Electric 
Generation Point Sources of NOX in the H/GA Area Under 
the Alternate Scenario in the Proposed May 30, 2001, SIP Revision?

    If the TNRCC adopts the alternate emissions specifications, the 
proposed compliance schedule for ICI sources of NOX in the 
H/GA under the alternate scenario would be as follows:

     Table XIII.--Affected Sources of NOX in the H/GA and Alternate
                          Compliance Schedules
------------------------------------------------------------------------
                                                         Additional
           Sources             Compliance schedule       information
------------------------------------------------------------------------
Utility Electric Generation.  March 31, 2003......  At least 50% of
                                                     total required NOX
                                                     reductions.
Utility Electric Generation.  March 31, 2004......  Demonstrate
                                                     compliance with
                                                     system cap limits
                                                     of 117.108.
------------------------------------------------------------------------

    We are not proposing to approve, through parallel processing, the 
alternate scenario listed in Table XIII of this document.

16. What Is the Proposed Compliance Schedule for Affected ICI 
Sources of NOX in the H/GA Area Based on the Proposed 
May 30, 2001, SIP Revision?

    As stated in section 10, this rule revision offers a phased-in 
approach concerning the emission reductions and compliance schedule for 
point sources of NOX in the H/GA area. The following table 
contains a summary of the time-table/compliance schedule for the 
affected ICI sources of NOX in the H/GA area.

 Table XIV.--Affected ICI Sources of NOX in the H/GA Area and Compliance
                                Schedules
------------------------------------------------------------------------
                                                         Additional
           Sources             Compliance schedule       information
------------------------------------------------------------------------
ICI sources.................  March 31, 2004......  At least 39% of
                                                     total required NOX
                                                     reductions.
ICI sources.................  March 31, 2005......  At least 67% of
                                                     total required NOX
                                                     reductions.
ICI sources.................  March 31, 2006......  At least 78% of
                                                     total required NOX
                                                     reductions.
ICI sources.................  March 31, 2007......  Demonstrate
                                                     compliance with
                                                     system cap limits
                                                     of 117.210.
------------------------------------------------------------------------

    We are proposing approval of the above-listed compliance dates for 
affected ICI sources of NOX in the H/GA as a part of the 
Texas 1-hour ozone SIP under part D of the Act because Texas is relying 
on the NOX control measures to demonstrate attainment of the 
1-hour ozone standard in the H/GA nonattainment area.

17. What Is the Proposed Compliance Schedule for ICI Sources of 
NOX in the H/GA Area Under the Alternate Scenario Based 
on the Proposed May 30, 2001, SIP Revision?

    If the TNRCC adopts the alternate emissions specifications, the 
proposed compliance schedule for ICI sources of NOX in the 
H/GA area under the alternate scenario would be as follows:

    Table XV.--Affected Sources of NOX in the H/GA Area and Alternate
                          Compliance Schedules
------------------------------------------------------------------------
                                                         Additional
           Sources             Compliance schedule       information
------------------------------------------------------------------------
ICI sources.................  March 31, 2004......  At least 47% of
                                                     total required NOX
                                                     reductions.
ICI sources.................  March 31, 2005......  At least 80% of
                                                     total required NOX
                                                     reductions.
ICI sources.................  March 31, 2006......  At least 93% of
                                                     total required NOX
                                                     reductions.
ICI sources.................  March 31, 2007......  Demonstrate
                                                     compliance with
                                                     system cap limits
                                                     of 117.210.
------------------------------------------------------------------------

    We are not proposing to approve, through parallel processing, the 
alternate scenario listed in Table XV of this document.

18. What Are NOX?

    Nitrogen oxides belong to the group of criteria air pollutants. The 
NOX result 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.

19. 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.

[[Page 36541]]

20. 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.
    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. This rulemaking will regulate NOX 
emissions from major stationary sources in the H/GA area.

21. 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.

22. 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.

23. What Areas in Texas Will the Stationary Diesel Engines or 
Stationary Dual-Fuel Engines Rule Affect Based on the May 30, 2001, 
SIP Revision?

    The following table contains a list of counties affected by the 
proposed rule revision of the stationary diesel engines or dual-fuel 
engines that we are parallel processing for approval.

    Table XVI.--Rule Log Number and Affected Areas for Texas NOX SIP
------------------------------------------------------------------------
               Rule log No.                        Affected areas
------------------------------------------------------------------------
2001-007B-117-AI Stationary diesel engines  Brazoria, Chambers, Fort
 and dual-fuel engines provisions.           Bend, Galveston, Harris,
                                             Liberty, Montgomery, and
                                             Waller counties.
------------------------------------------------------------------------

    If you are in one of these Texas counties, you should refer to the 
Texas NOX rules to determine if and how today's action will 
affect you.

24. What Areas in Texas Will the May 30, 2001, SIP Revision for 
Point Sources of NOX Affect?

    The following table contains a list of counties affected by the 
proposed rule revision of the point sources of NOX that we 
are parallel processing for approval.

    Table XVII.--Rule Log Number and Affected Areas for Texas NOX SIP
------------------------------------------------------------------------
               Rule log No.                        Affected areas
------------------------------------------------------------------------
2001-007B-117-AI ICI and electric utility   Brazoria, Chambers, Fort
 sources.                                    Bend, Galveston, Harris,
                                             Liberty, Montgomery, and
                                             Waller counties.
------------------------------------------------------------------------

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed 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 proposed 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 proposes to approve 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 proposed 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 proposed 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 
(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 Clean 
Air Act. This proposed 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 Clean Air 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 Clean Air 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. The proposed rule does 
not involve special consideration of environmental justice related 
issues as required by Executive Order 12898 (59 FR 7629, February 16, 
1994). As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed 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.'' This 
proposed 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,

[[Page 36542]]

Hydrocarbons, Nitrogen dioxide, Nitrogen oxides, Nonattainment, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 3, 2001.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 01-17469 Filed 7-11-01; 8:45 am]
BILLING CODE 6560-50-P