[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Pages 54688-54691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27107]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-129-1-7471a; FRL-7091-3]


Approval and Promulgation of Implementation Plans; Texas; Control 
of Air Pollution from Volatile Organic Compounds, Solvent Using 
Processes, Surface Coating Processes, Aerospace Manufacturing and 
Rework Operations

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). These revisions concern Control 
of Air Pollution from Volatile Organic Compounds (VOC), Solvent Using 
Processes, Surface Coating Processes, Aerospace Manufacturing and 
Rework Operations. The EPA is approving these revisions to regulate 
emissions of VOCs in accordance with the requirements of the Federal 
Clean Air Act (the Act). The EPA is approving these revisions as 
meeting the Reasonably Available Control Technology (RACT) requirements 
under the provisions of the Act. The EPA is also removing three site-
specific alternate RACT (ARACT) determinations from the Texas SIP, 
since the VOC revisions we are approving today into the Texas SIP are 
now RACT for the three sites.

DATES: This rule is effective on December 31, 2001 without further 
notice, unless EPA receives adverse comment by November 29, 2001. 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 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, 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 is EPA taking?
2. Where can I find EPA guidelines for Aerospace Manufacturing and 
Rework Operations?
3. What Is a Control Techniques Guideline (CTG)?
4. What Is the Aerospace CTG?
5. Why do we regulate VOCs?
6. Why is Texas adopting the EPA's guidelines for the Aerospace 
Manufacturing and Rework Operations?
7. Will these changes meet the Act's RACT requirements?
8. What is a State Implementation Plan?
9. What is the Federal approval process for a SIP?
10. What does Federal approval of a SIP mean to me?
11. What areas in Texas will these rules affect?
    Throughout this document ``we,'' ``us,'' and ``our'' means EPA.

1. What Action Is EPA Taking?

    On July 13, 2000, the Governor of Texas submitted a revised Chapter 
115, ``Control of Air Pollution From Volatile Organic Compounds,'' as a 
revision to the SIP. The July 13, 2000, SIP submittal concerned Solvent 
Using Processes, Surface Coating Processes, Aerospace Manufacturing and 
Rework Operations. The Governor also requested that the revised Chapter 
115 replace three site-specific ARACT determinations EPA previously 
approved as part of the Texas SIP.
    On March 27, 1998, EPA amended the National Emission Standards for 
Hazardous Air Pollutants (NESHAP) final rule and released the final CTG 
Document for Aerospace Manufacturing and Rework Facilities. See 63 FR 
15006. The EPA released the draft CTG for this source category at the 
same time as we proposed to amend the NESHAP for Aerospace 
Manufacturing and Rework Facilities. See 61 FR 55842, published October 
29, 1996. Earlier, we had established the final NESHAP standards for 
Aerospace Manufacturing and Rework Facilities. See 60 FR 45948, 
published on September 1, 1995.
    On January 20, 1994, we approved an Alternate Reasonably Available 
Control Technology (ARACT) demonstration for Air Force Plant 4, 
operated by the Lockheed Corporation of Fort Worth, Texas. See 59 FR 
2991.
    On May 30, 1997, we approved an ARACT demonstration for Bell 
Helicopter Textron, Incorporated; Bell Plant 1 Facility of Fort Worth, 
Texas. See 62 FR 29297.
    On February 9, 1998, we approved an ARACT demonstration for 
Raytheon TI Systems, Inc., (RTIS) of Dallas, Texas. See 63 FR 6491.
    The final NESHAP rule revision and the CTG document for Aerospace 
Manufacturing and Rework Operations, as published on March 27, 1998, 
are more comprehensive and detailed than the existing SIP approved 
ARACTs for these companies.
    The TNRCC has incorporated the contents of the Aerospace 
Manufacturing and Rework Operations' CTG into Chapter 115, and is 
requesting that EPA remove the existing SIP ARACTs for the three 
Aerospace Manufacturing and Rework companies from the approved Texas 
SIP, and replace them with the revised Chapter 115 rules.
    The State also made non-substantive revisions to the Chapter 115 
rules, e.g., substituting federal definitions. The following Table 
contains title of the rule, rule's log number, and a summary of the 
affected sections, under the proposed rule revision.

[[Page 54689]]



     Table I.--Log Number, Title, and Affected Sections of the Rule
------------------------------------------------------------------------
         Rule log No.                 Title          Affected sections
------------------------------------------------------------------------
1999-023-115-AI...............  Surface Coating..  115.420  Surface
                                                    Coating Definitions.
                                                   115.421  Emission
                                                    Specification.
                                                   115.422  Control
                                                    Requirements.
                                                   115.423  Alternate
                                                    Control
                                                    Requirements.
                                                   115.424  Inspection
                                                    Requirements.
                                                   115.425  Testing
                                                    Requirements.
                                                   115.426  Monitoring
                                                    and Recordkeeping
                                                    Requirements.
                                                   115.427  Exemptions.
                                                   115.429  Counties and
                                                    Compliance
                                                    Schedules.
------------------------------------------------------------------------

    We are approving revisions to the Texas SIP concerning control of 
VOC emissions from Surface Coating Processes, Aerospace Manufacturing 
and Rework Operations. We are approving the rule revisions under 
sections 110(k)(3) and 183(b)(3) of the Act, as meeting the RACT 
requirements under section 182(b)(2) of the Act. We are of the opinion 
that these rule revisions will reduce the aggregate VOC emissions, and 
are consistent with our CTGs and other applicable RACT guidance. 
Therefore, we are removing from the Texas SIP, the ARACTS for Lockheed 
Air Force Plant 4, Bell Helicopter Textron Plant 1, and Raytheon TI 
Systems. These three sources will now, for purposes of federal 
enforcement under the Texas SIP, be subject to the requirements of the 
SIP-approved Chapter 115, rather than the previously approved ARACT 
determinations. For more information on this SIP revision and our 
evaluation, please refer to our Technical Support Document (TSD) dated 
November 2000.

2. Where Can I Find EPA Guidelines for Aerospace Manufacturing and 
Rework Operations?

    You can find our guidelines on Aerospace Manufacturing and Rework 
Operations in 63 FR 15006, published on March 27, 1998. We have 
attached a copy of this document with our TSD dated July 2001.

3. What Is a CTG?

    A CTG is an EPA document that establishes a ``presumptive norm'' 
for RACT for a specific VOC source category. Under the pre-amended Act, 
EPA issued CTG documents for 29 categories of VOC sources. Section 183 
of the amended Act requires that EPA issue 13 new CTGs. Appendix E of 
the General Preamble of Title I (57 FR 18077) lists the categories for 
which EPA plans to issue new CTGs.

4. What Is the Aerospace CTG?

    We issued a CTG pursuant to section 183 to reduce VOC emissions 
from aerospace coatings and solvents on March 27, 1998. See 63 FR 
15006. This CTG applies to aerospace coating operations with the 
minimum potential to emit of 50 tons per year (tpy) of VOC. This CTG 
addresses RACT for control of VOC emissions from aerospace and rework 
facilities. Emission limits for processes also addressed in the final 
revised NESHAP are identical to the NESHAP limits.

5. Why Do We Regulate VOCs?

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

6. Why Is Texas Adopting EPA's Guidelines for the Aerospace 
Manufacturing and Rework Operations?

    Texas adopted EPA's guidelines for the Aerospace Manufacturing and 
Rework Operations into its Chapter 115 rules, because (1) our 
guidelines are more comprehensive and detailed than the existing SIP 
approved ARACTs for Aerospace Manufacturing and Rework Operations, and 
(2) those companies with a SIP-approved ARACT determination will not 
have to comply with two different sets of regulations, i.e., the SIP's 
ARACT requirements versus the NESHAP rule, for their surface coating 
processes.
    For detailed evaluation of the specific provisions of this rule 
revision, please see our TSD dated November 2000.

7. Will These Changes Meet the Act's RACT Requirements?

    Yes, the new aerospace rules and the non-substantive, 
administrative changes will continue to meet the RACT requirements, 
because they will (1) delete and remove unnecessary requirements, (2) 
reduce confusion, (3) streamline regulations, (4) improve applicability 
determination, and (5) enhance compliance determination for enforcement 
purposes. They are consistent with EPA's CTGs and other RACT guidance. 
For these reasons we are approving the proposed rule revisions into the 
Texas SIP.

8. What Is a State Implementation Plan?

    Section 110 of the Act requires States to develop air pollution 
regulations and control strategies to ensure that State air quality 
meets the National Ambient Air Quality Standards (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 may submit these regulations and control strategies to 
us for approval and incorporation into the federally enforceable SIP. 
Each State has a SIP designed to protect air quality. These SIPs can be 
extensive, containing State regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

9. What Is the Federal Approval Process for a SIP?

    When a State wants to incorporate its regulations into the 
federally enforceable SIP, the State must formally adopt the 
regulations and control strategies consistent with State and Federal 
requirements. This process includes a public notice, a 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,

[[Page 54690]]

provide public notice on this action, and seek additional public 
comment regarding this action. If we receive adverse comments, we must 
address them prior to a final action.
    Under section 110 of the Act, when we approve all State regulations 
and supporting information, those State regulations and supporting 
information become a part of the federally approved SIP. You can find 
records of these SIP actions in the Code of Federal Regulations at 
Title 40, part 52, entitled ``Approval and Promulgation of 
Implementation Plans.'' The actual State regulations that we approved 
are not reproduced in their entirety in the CFR but are ``incorporated 
by reference,'' which means that we have approved a given State 
regulation with a specific effective date.

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

    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, EPA has 
the authority to take enforcement action against violators of these 
regulations. Citizens have also legal recourse to address violations as 
described in section 304 of the Act.

11. What Areas in Texas Will These Rules Affect?

    These rules will affect the companies with surface coatings 
associated with the Aerospace Manufacturing and Rework Operations 
within the State of Texas that have a potential to emit at least 50 tpy 
of VOCs; specifically, Bell Helicopter Textron, Raytheon TI Systems, 
Inc., and Lockheed Corporation, which are in the Dallas/Fort Worth 1-
hour ozone nonattainment area. If you are one of such companies, you 
need to refer to these rules to find out if and how these rules 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 December 31, 2001 without 
further notice unless we receive adverse comment by November 29, 2001. 
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. 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 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 (Pub. L 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air 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 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. 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. 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. section 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. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2). This rule will be effective December 31, 2001 unless 
EPA receives adverse written comments by November 29, 2001.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 31, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be

[[Page 54691]]

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, Intergovernmental 
relations, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: October 10, 2001.
Gregg A. Cooke,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

    2. In Sec. 52.2270 the table in paragraph (c) is amended under 
Chapter 115, Subchapter E, by removing the entry for ``Section 115.421 
to 115.429'' and adding in its place a new heading ``Division 2: 
Surface Coating Processes'' and individual entries for Sections 
115.420, 115.421, 115.422, 115.423, 115.424, 115.425, 115.426, 115.427, 
and 115.429 to read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       State submittal/
           State citation                     Title/Subject              approval date            EPA approval date                 Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
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                                      Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
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                   *                  *                  *                  *                  *                  *                  *
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                                                          Subchapter E: Solvent-Using Processes
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                   *                  *                  *                  *                  *                  *                  *
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                                                          Division 2: Surface Coating Processes
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Section 115.420.....................  Surface Coating Definitions.  June 29, 2000.........  October 29, 2001               .............................
Section 115.421.....................  Emission Specifications.....  June 29, 2000.........  October 29, 2001               .............................
Section 115.422.....................  Control Requirements........  June 29, 2000.........  October 29, 2001               .............................
Section 115.423.....................  Alternate Control             June 29, 2000.........  October 29, 2001               .............................
                                       Requirements.
Section 115.424.....................  Inspection Requirements.....  June 29, 2000.........  October 29, 2001               .............................
Section 115.425.....................  Testing Requirements........  June 29, 2000.........  October 29, 2001               .............................
Section 115.426.....................  Monitoring and Recordkeeping  June 29, 2000.........  October 29, 2001               .............................
                                       Requirements.
Section 115.427.....................  Exemptions..................  June 29, 2000.........  October 29, 2001               .............................
Section 115.429.....................  Counties and Compliance       June 29, 2000.........  October 29, 2001               .............................
                                       Schedules.
 
*                                *                                  *                                *                                *
                                                                   *                                *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    3. Section 52.2299 is amended by adding a new paragraph (c)(121) to 
read as follows:


Sec. 52.2299  Original identification of plan section.

* * * * *
    (C) * * *
    (121) Revisions submitted by the Governor on July 13, 2000, that 
remove approval of the Alternate Reasonably Available Control 
Technology (ARACT) for Lockheed Corporation, Bell Helicopter Textron, 
Incorporated; Bell Plant 1, and Raytheon TI Systems, Inc., (RTIS).

[FR Doc. 01-27107 Filed 10-29-01; 8:45 am]
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