[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Rules and Regulations]
[Pages 18995-19000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7304]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0019; FRL-7898-7]


Approval and Promulgation of Implementation Plans; Texas; Agreed 
Orders in the Beaumont/Port Arthur Ozone Nonattainment Area

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 rule making covers eight 
Agreed Orders with six companies in the Beaumont/Port Arthur (B/PA) 
nonattainment area. We are approving the eight Agreed Orders between 
the State of Texas and six companies in Southeast Texas as a 
strengthening of the Texas SIP. These Agreed Orders will contribute to 
the improvement in air quality in the B/PA nonattainment area and 
continue to contribute to the maintenance of the ozone standard in the 
southeastern portion of the State of Texas. The EPA is approving this 
SIP revision in accordance with the requirements of the Federal Clean 
Air Act (the Act), sections 110 and 116.

DATES: This rule is effective on June 13, 2005 without further notice, 
unless EPA receives relevant adverse comment by May 12, 2005. 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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R06-OAR-2005-TX-0019, by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/ Regional 
Material in EDocket (RME), EPA's electronic public docket and comment 
system, is EPA's preferred method for receiving comments. Once in the 
system, select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
     U.S. EPA Region 6 ``Contact Us'' web site: http://epa.gov/region6/r6coment.htm Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr Thomas Diggs at [email protected]. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733.
    Such deliveries are accepted only between the hours of 8 am and 4 
pm weekdays except for legal holidays. Special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID No. R06-OAR-2005-TX-0019. EPA's policy is that all comments 
received will be included in the public file without change and may be 
made available online at http://docket.epa.gov/rmepub/, including any 
personal information provided, unless the comment includes information

[[Page 18996]]

claimed to be Confidential Business Information (CBI) or other 
information the disclosure of which is restricted by statute. Do not 
submit information through Regional Material in EDocket (RME), 
regulations.gov, or e-mail if you believe that it is CBI or otherwise 
protected from disclosure. The EPA RME Web site and the federal 
regulations.gov are ``anonymous access'' systems, which means EPA will 
not know your identity or contact information unless you provide it in 
the body of your comment. If you send an e-mail comment directly to EPA 
without going through RME or regulations.gov, your e-mail address will 
be automatically captured and included as part of the comment that is 
placed in the public file and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in the official file which is 
available at the Air Planning Section (6PD-L), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. 
weekdays except for legal holidays. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 
(214) 665-7253 to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. There 
will be a 15 cent per page fee for making photocopies of documents. On 
the day of the visit, please check in at the EPA Region 6 reception 
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
following state air agency during official business hours by 
appointment: Texas Commission on Environmental Quality, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Guy Donaldson, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7242; fax 
number 214-665-7263; e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Please note that if we 
receive relevant adverse comment(s) on an amendment, paragraph, or 
section of this rule and if that provision is independent of the 
remainder of the rule, we may adopt as final those provisions of the 
rule that are not the subject of a relevant adverse comment.

Outline

I. What Action Is EPA Taking?
II. What Is a State Implementation Plan?
III. What Does Federal Approval of a SIP Mean to Me?
IV. What Areas in Texas Will This Action Affect?
V. What Does the Agreed Order Between the TCEQ and ExxonMobil Oil 
Corporation, Jefferson County, Require?
VI. What Do the Agreed Orders Between the TCEQ and Huntsman 
Petrochemical Corporation, Jefferson County, Require?
VII. What Does the Agreed Order Between the TCEQ and ISP Elastomers, 
Jefferson County, Require?
VIII. What Do the Agreed Orders Between the TCEQ and Mobil Chemical 
Company, Division of ExxonMobil Oil Corporation, Jefferson County, 
Require?
IX. What Does the Agreed Order Between the TCEQ and Motiva 
Enterprises LLC, Jefferson County, Require?
X. What Does the Agreed Order Between the TCEQ and Premcor Refining 
Group, Jefferson County, Require?
XI. Final Action
XII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    On January 10, 2005 the Texas Commission on Environmental Quality 
(TCEQ) submitted a SIP revision which included the State adopted Agreed 
Orders with ExxonMobil Oil Corporation, Mobil Chemical Company 
(Division of ExxonMobil Oil Corporation), ISP Elastomers, Huntsman 
Petrochemical Corporation Port Neches Plant, Huntsman Petrochemical 
Corporation Port Arthur Plant, Premcor Refining Group, Inc., and Motiva 
Enterprises LLC in the Beaumont/Port Arthur nonattainment area. These 
Agreed Orders were developed as a result of the collaborative efforts 
between the TCEQ, local environmental organizations and a local 
industry forum. The Agreed Orders SIP submittal delineates permanent 
reductions of volatile organic compounds, oxides of nitrogen, hydrogen 
sulfide, benzene, carbon monoxide, ammonia, and particulate matter. 
They also include air monitoring activities and other operational 
activities. The Companies entered voluntarily into the Agreed Orders 
and we are adopting them into the Texas SIP under sections 110 and 116 
of the Act to make the measures federally enforceable and because the 
State is relying upon the Orders as a strengthening of the existing 
Texas SIP and for continued maintenance of the standards in the 
northeast part of Texas.
    In this rule making we are approving under sections 110 and 116 the 
eight Agreed Orders between the Texas Commission on Environmental 
Quality and ExxonMobil Oil Corporation, Mobil Chemical Company 
(Division of ExxonMobil Oil Corporation)(two Orders), ISP Elastomers, 
Huntsman Petrochemical Corporation Port Neches Plant, Huntsman 
Petrochemical Corporation Port Arthur Plant, Premcor Refining Group, 
Inc., and Motiva Enterprises LLC in the Beaumont/Port Arthur 
nonattainment area.

II. What Is a State Implementation Plan?

    Section 110 of the Act requires states to develop air pollution 
regulations and control strategies to ensure that the 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 
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.

III. 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

[[Page 18997]]

SIP, both EPA and the public may also take enforcement action against 
violators of these regulations.

IV. What Areas in Texas Will This Action Affect?

    The approval of the eight Agreed Orders will affect the Beaumont/
Port Arthur (B/PA) Ozone Nonattainment area and the southeastern part 
of Texas. The B/PA area includes Hardin, Jefferson, and Orange 
Counties. The Agreed Orders will contribute to the improvement in the 
air quality in the B/PA area and will continue to contribute to the 
maintenance of the ozone standard in the southeastern portion of the 
State of Texas. Each company offered, individually or a combination of 
emission reductions, monitoring, and operational changes to be 
memorialized in Agreed Orders with the Texas Commission on 
Environmental Quality. Since we are approving the Orders into the Texas 
SIP, any emission reductions stipulated in these Agreed Orders are 
required by federal law and therefore are not surplus emissions 
reductions and cannot be used for the purposes of offsetting, netting, 
or banking. Some of the companies reserved a portion of the emissions 
reductions for future use; these are not stipulated to in the Agreed 
Orders. For further information about which companies reserved some of 
the emissions reductions and the types of pollutants and amounts being 
reserved for future use, see the Technical Support Document (TSD).

V. What Does the Agreed Order Between the TCEQ and ExxonMobil Oil 
Corporation, Jefferson County, Require?

    ExxonMobil Oil Corporation, Jefferson County, owns and operates an 
oil refinery facility at 1795 Burt Street, Beaumont, Jefferson County, 
Texas. ExxonMobil Oil Corporation, Jefferson County, (TCEQ Account 
number JE-0067-I, Customer No. 601470214, Regulated Entity No. 
102450756) entered into an Agreed Order (Docket No. 2004-0846-SIP) with 
the Texas Commission on Environmental Quality to provide reductions in 
the emissions of volatile organic compounds and sulfur dioxide, improve 
and update plant operations, and perform air monitoring. The Agreed 
Order has 18 stipulations and was adopted by the Commission on December 
15, 2004. The Company installed, on April 4, 2004, a wet gas scrubber 
with oxygen enrichment on the fluid catalytic cracking unit, Emission 
Point Number (EPN) 06ST--003, for the reduction of sulfur dioxide. By 
December 31, 2005, the Company will implement improved practices and 
maintenance procedures for the two ketone units to reduce VOC fugitive 
emissions reported under EPN 41--FUG001, EPN 41--FUG002, EPN 42--
FUG001, and EPN 42--FUG002. This will be for the purpose of reducing 
solvent loss and thereby volatile organic compound emissions. On July 
31, 2004 the Company installed and configured Vivicom Software, and 
replaced PtR-4 NOX and CO emission analyzers. The 
installation of this software will improve data and system reliability 
of the continuous emissions monitoring system. By May 1, 2006, 
ExxonMobil will shut down six grandfathered boilers for the 
cogeneration unit and amend the corresponding Air Quality Permit 
19566. The Company's boilers to be shut down are EPN 56SKT--
015, EPN 56SKT--016, EPN 56SKT--017, EPN 56SKT--018, EPN 56SKT--019, 
and EPN 56SKT--032. The Company will also continue to operate two air 
quality monitors for the collection of data regarding sulfur dioxide in 
accordance with the Agreed Order entered into between the Company and 
the TCEQ, Docket No. 97-0827-AIR-E. These monitors will be operated 
until EPA has determined that the Beaumont/Port Arthur nonattainment 
area has attainted the 8-hour ozone standard and redesignated the area 
to attainment or until December 31, 2008, whichever is later. The 
Company reserved for future use, at a minimum, 300 TPY of the 
SO2 emissions reductions achieved from the installation of 
the wet scrubber on the fluid catalytic cracking unit. The 
SO2 emissions reductions achieved by the wet scrubber 
installed on the fluid catalytic cracking unit, that are above 300 TPY 
but not exceeding 9400 TPY, are required by the Order. All of the 
fugitive VOC emissions reductions achieved by the improved practices 
and maintenance procedures for the two ketone units are required by the 
Order. All of the VOC emissions reductions achieved by the shutdown of 
the six boilers are required by the Order. TCEQ must remove permanently 
from the Emissions Inventory the six boilers and all of their VOC 
emissions. We have included the supporting documentation for this 
Agreed Order with our TSD dated February 14, 2005.

VI. What Do the Agreed Orders Between the TCEQ and Huntsman 
Petrochemical Corporation, Jefferson County, Require?

    Huntsman Petrochemical Corporation owns and operates a C4 and 
Oxides and Olefins plant at 2701 Spur 136, Port Neches, Jefferson 
County, Texas. Huntsman Petrochemical Corporation, Jefferson County, 
Port Neches Plant (TCEQ Account Number JE-0052-V, Customer No. 
600632848, Regulated Entity No. 100219252) entered into an Agreed Order 
(Docket No. 2004-0882-SIP) with the Texas Commission on Environmental 
Quality. The Agreed Order has 14 stipulations and was adopted by the 
Commission on December 15, 2004. By December 31, 2004, the Company had 
installed and configured for use E!CEMS Software to improve the data 
and system reliability regarding electronic data gathered for 
compliance purposes. The system will improve tracking of emissions and 
allow for quicker response to potential problems. There are no 
quantifiable emission reductions from the implementation of this 
measure.
    Huntsman Petrochemical Corporation also owns and operates an 
aromatics and olefins plant at 4241 Savannah Avenue, Port Arthur, 
Jefferson County, Texas. Huntsman Petrochemical Corporation, Jefferson 
County, Port Arthur Plant (TCEQ Account Number JE-0135-Q, Customer No. 
600632848, Regulated Entity No. 1002192522), entered into an Agreed 
Order (Docket No. 2004-0845-SIP) with the Texas Commission on 
Environmental Quality. The Agreed Order has 15 stipulations and was 
adopted by the Commission on December 15, 2004. The Company was to 
submit, on or before September 30, 2004, amendments to Air Quality 
Permit  16989 to specify and make enforceable, controls for 
the benzene tank emission control project listed in the Company's 
Emission Cap Compliance Plan dated May 15, 2002. Benzene emission 
reductions will occur as a result of the utilization of a thermal 
oxidizer system. By December 31, 2004, the Company will also install 
and configure for use E!CEMS Software to improve the data and system 
reliability regarding electronic data gathered for compliance purposes. 
All of the emissions reductions that will be achieved by the benzene 
tank emission control project are required by the Agreed Order. We have 
included the supporting documentation for these Agreed Orders with our 
TSD dated February 14, 2005.

VII. What Does the Agreed Order Between the TCEQ and ISP Elastomers, 
Jefferson County, Require?

    ISP Elastomers owns and operates a emulsion styrene/butadiene 
rubber manufacturing plant at 115 Main Street, Port Neches, Jefferson 
County, Texas. ISP Elastomers, Jefferson County, (TCEQ Account number 
JE-0017-A, Customer No. 602296287, Regulated Entity No. 10224799) 
entered into an Agreed Order (Docket No. 2004-0842-SIP) with the Texas 
Commission on Environmental

[[Page 18998]]

Quality. The Agreed Order has 14 stipulations and was adopted by the 
Commission on December 15, 2004. The Company was to shut down the North 
Plant portion of the plant, resulting in the elimination of fugitive 
ammonia emissions. All of the emissions reductions achieved by the 
shutdown of the North Plant are required by the Agreed Order. The TCEQ 
must permanently remove from the Emissions Inventory the North Plant 
and all of its associated emissions. We have included the supporting 
documentation for this Agreed Order with our TSD dated February 14, 
2005.

VIII. What Do the Agreed Orders Between the TCEQ and Mobil Chemical 
Company, Division of ExxonMobil Oil Corporation, Jefferson County, 
Require?

    Mobil Chemical Company, a Division of ExxonMobil Oil Corporation 
owns and operates a chemical plant at 2775 Gulf Estates Road, Beaumont, 
Jefferson County, Texas. Mobil Chemical Company, Division of ExxonMobil 
Oil Corporation, Jefferson County, (TCEQ Account number JE-0062S, 
Customer No. 601470214, Regulated Entity No. 102450756) entered into an 
Agreed Order (Docket No. 2004-0841-SIP) with the Texas Commission on 
Environmental Quality which will result in the reduction of the 
emissions of volatile organic compound emissions, oxides of nitrogen, 
hydrogen sulfide, and carbon monoxide. The Agreed Order has 16 
stipulations and was adopted by the Commission on December 15, 2004. 
The Company will shut down an olefins and aromatics plant boiler, 
Emission Point No. EH34, by December 1, 2006. As part of the Aromatic 
Restructuring Project of the Mobil Chemical Company, the company will 
remove specific components from the Olefins and Aromatics UDEX Unit by 
December 31, 2005. The removal of the components represented in Air 
Quality Permit  18838 will reduce fugitive emissions of 
volatile organic compounds from Emission Point Nos. EF3, EF4, EF9, EF10 
and EF11. The Company reserved for future use 75 TPY of NOX 
emissions reductions achieved by the shutdown of the boiler. All of the 
fugitive VOC emissions reductions achieved by the removal of specific 
components from the Olefins and Aromatics UDEX Unit are required by the 
Order. The TCEQ must permanently remove from the Emissions Inventory 
the boiler and all but 75 TPY of its NOX emissions.
    In a second Agreed Order, Mobil Chemical Company, Division of 
ExxonMobil Oil Corporation, Jefferson County, (TCEQ Account number JE-
0064-O, Customer No. 601549660, Regulated Entity No. 101485738), 
entered into an Agreed Order (Docket No. 2004-1654-SIP) with the Texas 
Commission on Environmental Quality which will result in the reduction 
of the emissions of volatile organic compound emissions and hydrogen 
sulfide. The Agreed Order has 14 stipulations and was adopted by the 
Commission on December 15, 2004. On December 31, 2003, the Company shut 
down the Chemical Specialties Plant sulfurized isobutylene unit 
authorized by Air Quality Permit  3186. All of the emissions 
reductions achieved by the shutdown of this unit are required by the 
Agreed Order. The TCEQ must permanently remove from the Emissions 
Inventory the unit and all of its associated emissions. We have 
included the supporting documentation for this Agreed Order with our 
TSD dated February 14, 2005.

IX. What Does the Agreed Order Between the TCEQ and Motiva Enterprises 
LLC, Jefferson County, Require?

    Motiva Enterprises LLC owns and operates a refinery at 2100 Houston 
Avenue, Port Arthur, Jefferson County, Texas. Motiva Enterprises LLC, 
Jefferson County (TCEQ Account Number JE-0095D, Customer No. 600124051, 
Regulated Entity No. 1000209451) entered into an Agreed Order (Docket 
No. 2004-0843-SIP) with the Texas Commission on Environmental Quality 
to provide reductions in the emissions of volatile organic compounds, 
oxides of nitrogen, sulfur dioxide, particulate matter and carbon 
monoxide. The Agreed Order has 18 stipulations and was adopted by the 
Commission on December 15, 2004. On or before December 31, 2004, Motiva 
Enterprises LLC will shut down Boiler 26 (EPN SPS2-6) and Boiler 27 
(EPN SPS2-7) authorized by Air Quality Permit No. 6056. Also by this 
date, the company will shut down Boiler 31 (EPN SPS3-1). The Company 
will uncouple Gas Turbine Generator 35 from Boiler 34 (EPN SPS3-4) and 
Boiler 35 (EPN SPS3-5) and reroute the exhaust gas to the Waste Heat 
Boiler (EPN WHB37SCR), which will have selective catalytic reduction 
maintained on the unit. In addition to the four flares required by the 
Consent Decree between the United States of America and the States of 
Delaware and Louisiana and Motiva Enterprises, Inc. to ensure 
compliance with New Source Performance Standards at refineries with 
hydrocarbon flares, which are not equipped with flare gas recovery, the 
company has agreed to meet these same requirements for its remaining 
three flares at the plant (EPN FCCU NO3FS, EPN HCUNO1 FS, and EPN 
VPSNO4FS). All of the emissions reductions that will be achieved by the 
shutdown of the three boilers and the uncoupling/rerouting project are 
required by the Agreed Order. The TCEQ must remove permanently from the 
Emissions Inventory the three boilers and all of their associated 
emissions. We have included the supporting documentation for this 
Agreed Order with our TSD dated February 14, 2005.

X. What Does the Agreed Order Between the TCEQ and Premcor Refining 
Group, Jefferson County, Require?

    Premcor Refining Group owns and operates a petroleum refinery at 
1801 S. Gulfway Drive, Port Arthur, Jefferson County, Texas. Premcor 
Refining Group, Jefferson County (TCEQ Account Number JE-0042B, 
Customer No. 601420748, Regulated Entity No. 102584026) entered into an 
Agreed Order (Docket No. 2004-0844-SIP) with the Texas Commission on 
Environmental Quality to provide reductions in the emissions of oxides 
of nitrogen, hydrogen sulfide, sulfur dioxide and carbon monoxide and 
improve and update plant operations and maintenance. The Agreed Order 
has 20 stipulations and was adopted by the Commission on December 15, 
2004. By December 31, 2004, the Company will replace all existing fuel 
gas burners, with a combined rated duty of approximately 600 million 
British Thermal Units per hour, in five process heaters in catalytic 
reforming unit  1344, with Low-NOX burners. The 
Company will also install a sulfur degassing system that is designed to 
remove hydrogen sulfide from sulfur prior to its loading into trucks 
from all of the in-ground tanks at Sulfur Recovery Units 543 and 544, 
which will be installed on or before December 31, 2004. The Premcor 
Refining Group will also install software to improve data management, 
reporting and compliance demonstration for 60 existing boilers and 
process heaters and the refinery process information system on or 
before June 30, 2004. On November 30, 2003 the company made 
modifications to the regenerative thermal oxidizer (RTO) for wastewater 
treatment unit  8742 in order to reduce emission events 
relating to RTO shutdowns and by June 30, 2005, the company will 
upgrade the master electronic control system. Since the nature of these 
modifications are to prevent emission events associated with RTO 
shutdowns and not a reduction in

[[Page 18999]]

allowable emissions, there are no quantifiable emission reductions from 
the implementation of these measures. By April 30, 2005, a wet gas 
scrubber utilizing caustic and water solution sprays to reduce sulfur 
and particulate emissions will be installed at the outlet of the 
regenerator on the Fluid Catalytic Cracking unit  1241. The 
Company also is shutting down a boiler with CO emissions, will operate 
the existing catalytic cracking unit in full burn mode to control the 
CO emissions, and will install a flue gas cooler. All of the emissions 
reductions that will be achieved by the replacement of the existing 
fuel gas burners with low-NOX burners, the installation of 
the sulfur degassing system, the installation of the caustic and water 
solution sprays, the shutdown of the boiler, and the full burn mode 
operation are required by the Agreed Order. The TCEQ must remove 
permanently from the Emissions Inventory the fuel gas burners and all 
of their emissions and the boiler and all of its emissions. We have 
included the supporting documentation for this Agreed Order with our 
TSD dated February 14, 2005.

XI. Final Action

    EPA is approving the above-described eight Agreed Orders into the 
Texas SIP and 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 this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on June 13, 2005 
without further notice unless we receive relevant adverse comment by 
May 12, 2005. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the public that 
the rule, or affected portion of 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. Please note that if we receive relevant adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, we may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

XII. Statutory and Executive Order Reviews

    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 tribal implications because it will 
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). This action also does not have Federalism 
implications because it does 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). This action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non agency parties. 5 U.S.C. 804(3). EPA 
is not required to submit a rule report regarding today's action under 
section 801 because this is a rule of particular applicability 
establishing source-specific requirements for eight named sources. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    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 June 13, 2005. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.


[[Page 19000]]


    Dated: March 11, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

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2. The table in Sec.  52.2270(d) entitled ``EPA Approved Texas Source-
Specific Requirements'' is amended by adding to the end of the table 
eight new entries to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (d) * * *

                                                    EPA.--Approved Texas Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
            Name of source              Permit or order number    effective                    EPA approval date                         Comments
                                                                     date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
ExxonMobil Oil Corporation, Jefferson  Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 County, Texas.                         0846-SIP.                              begins].
Huntsman Petrochemical Corporation,    Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 Port Neches Plant, Jefferson County,   0882-SIP.                              begins].
 Texas.
Huntsman Petrochemical Corporation,    Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 Port Arthur Plant, Jefferson County,   0845-SIP.                              begins].
 Texas.
ISP Elastomers, Jefferson County,      Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 Texas.                                 0842-SIP.                              begins].
Mobil Chemical Company, Division of    Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 ExxonMobil Oil Corporation,            0841-SIP.                              begins].
 Jefferson County, Texas.
Motiva Enterprises LLC, Jefferson      Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 County, Texas.                         0843-SIP.                              begins].
Premcor Refining Group, Inc.,          Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 Jefferson County, Texas.               0844-SIP.                              begins].
Mobil Chemical Company, Division of    Agreed Order No. 2004-     12/15/2004  4/12/2005 [Insert FR page number where document
 ExxonMobil Oil Corporation,            1654-SIP.                              begins].
 Jefferson County, Texas.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-7304 Filed 4-11-05; 8:45 am]
BILLING CODE 6560-50-P