[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Proposed Rules]
[Pages 24348-24350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9216]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0022; FRL-7909-1]


Limited Approval and Promulgation of Implementation Plans; Texas; 
Excess Emissions During Startup, Shutdown, and Malfunction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to grant limited approval of revisions to 
the Texas State Implementation Plan (SIP) through the parallel 
processing mechanism. Specifically, we are proposing to grant limited 
approval of revisions to 30 TAC Chapter 101, General Air Quality Rules 
concerning excess emissions during startup, shutdown, and malfunction 
(SSM) activities. The action will have the effect of extending the 
expiration date of certain provisions from June 30, 2005 to no later 
than June 30, 2006. Texas is making this change to allow for additional 
time before these provisions expire from the SIP to submit a revised 
excess emissions rule for our approval into the SIP. See sections 2 and 
3 of this document for more information.

DATES: Comments must be received on or before June 8, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R06-OAR-2005-TX-0022, 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 a.m. and 4 p.m. weekdays except for legal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to RME ID No. R06-OAR-2005-TX-
0022. The 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 claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through 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, we recommend 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 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 
State Air

[[Page 24349]]

Agency listed below during official business hours by appointment:
    Texas Commission on Environmental Quality (TCEQ), 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 at 
(214) 665-6691, or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    1. What action are we taking in this document?
    2. What is parallel processing?
    3. What is the basis for a limited, rather than full, approval?
    4. What areas in Texas will the proposed SIP submittal affect?
II. Proposed Action
III. Statutory and Executive Order Reviews
    Throughout this document ``we,'' ``us,'' and ``our'' mean EPA.

I. Background

1. What Action Are we Taking in This Document?

    On April 5, 2005, we received a letter from the Executive Director 
of the TCEQ requesting us to parallel process SIP revisions to 30 TAC, 
General Air Quality Rule 101, Subchapter F, subsections 101.221(g), 
101.222(h), and 101.223(e). See section 2 of this document for more 
information on parallel processing. These subsections state that 
sections 101.221, 101.222 and 101.223, which address excess emissions 
resulting from SSM related activities, will expire by their own terms 
on June 30, 2005. The EPA has interpreted those provisions to mean the 
sections will expire from state law and from the approved SIP on that 
date. The proposed revision will delete the existing SIP provisions and 
add revised versions of those sections. The proposed provisions state,

``This section expires on January 15, 2006, unless the commission 
submits a revised version of this section to the Environmental 
Protection Agency (EPA) for review and approval into the Texas state 
implementation plan. If the commission submits a revised version of 
this section, this section expires on June 30, 2006.''

    The change will, in effect, extend the expiration date of the 
affected subsections from June 30, 2005, to January 15, 2006, unless 
the State submits a revised version of sections 101.221-101.223 to EPA 
for review and approval into the Texas SIP, which would have the effect 
of extending the expiration date in the SIP to June 30, 2006.
    The EPA believes it is important to explain our interpretation of 
the phrase in the State's rule, ``submits a revised version of this 
section.'' If we receive a complete SIP submission of the revised 
version of the specified sections prior to January 15, 2006, we will 
make a preliminary determination of whether the rule is consistent with 
the Clean Air Act (the Act), EPA policy and guidance, and therefore 
approvable. We will interpret the June 30 date in the approved SIP to 
be effective, if the State submits a complete SIP revision prior to 
January 15, 2006, that, after our preliminary review, we determine can 
be fully approved. The EPA intends to work with the State during its 
rulemaking on the revised version of the rule to identify any issues 
that would prevent our approval of the rule. Although we cannot 
prejudge our ultimate decision on the SIP submission prior to our 
review of public comments, we will make clear through our public 
comments during the State's rulemaking and discussions with the State 
whether there are obvious problems which would prevent our approval of 
the revised rule, and hence, trigger the earlier January 15, 2006, date 
for the existing rule to expire from the Texas SIP. If we determine 
that the June 30, 2006, expiration date has become effective, the 
provisions will expire from the SIP on that date whether or not EPA has 
taken final action on the SIP submission. In sum, the proposed rule 
revision will extend the expiration date of affected subsections from 
June 30, 2005, to no later than June 30, 2006. Absent final action by 
EPA to approve this revision, sections 101.221, 101.222, and 101.223 
will expire from the Texas SIP by their own terms on June 30, 2005, 
without further action by EPA. Due to the concerns expressed in our 
limited approval of March 30, 2005 (70 FR 16129), we will not extend 
limited approval of the expiration date of the affected subsections 
beyond the currently proposed June 30, 2006.
    Today, we are proposing to grant limited approval of the deletion 
of existing SIP subsections 101.221(g), 101.222(h), and 101.223(e) and 
the addition of revised subsections 101.221(g), 101.222(h), and 
101.223(e) into the Texas SIP. Specifically, we are seeking only those 
comments relevant to the date extension aspect of the proposed rule. 
Texas' rulemaking also seeks comments on the only proposed expiration 
date changes and does not intend to make changes to any other sections 
of Chapter 101. We will evaluate any future rule revisions or other 
components of the 30 TAC, General Air Quality Rule 101 independently in 
a separate Federal Register publication for consistency with the 
requirements of the Act, and EPA guidance and policy.

2. What Is Parallel Processing of a SIP Submittal?

    We are proposing limited approval of this revision to the Texas SIP 
using the parallel processing mechanism of concurrent state and federal 
rulemaking actions. Parallel processing means that EPA proposes 
rulemaking action on a rule revision before the state regulation 
becomes final under state law. See 40 CFR part 51, appendix V, section 
2.3. Parallel processing generally saves total processing time and 
makes the SIP revision effective in a shorter period of time than our 
normal review process. Under parallel processing, EPA will take final 
action on its proposal if the final version of the adopted state 
submission remains substantially unchanged from the submission on which 
the proposed rulemaking was based. If there are significant changes in 
the State's final submission, EPA could not take final action on this 
proposal.

3. What Is the Basis for a Limited, Rather Than a Full, Approval?

    We are proposing to grant limited, rather than full, approval of 
this SIP submittal. We are proposing limited approval of this rule 
because we granted limited approval of the regulations which are 
modified by this revision. We are similarly proposing limited approval 
of these provisions. If finalized, this action will have the effect of 
extending the limited approval which we published on March 30, 2005 (70 
FR 16129). For more information on the basis for our limited approval 
of revisions to 30 TAC, General Air Quality Rule 101, Subchapter A and 
Subchapter F concerning excess emissions during SSM activities, see 
sections 3 and 5 of our March 30, 2005 Federal Register publication. 
Today's action does not affect the position we expressed in that 
rulemaking action.

4. What Areas in Texas Will the Proposed SIP Submittal Affect?

    The proposed SIP submittal will affect all sources of air emissions 
operating within the State of Texas.

II. Proposed Action

    Today, we are proposing to grant limited approval of the deletion 
of existing SIP subsections 101.221(g), 101.222(h), and 101.223(e), and 
the addition of revised subsections 101.221(g), 101.222(h), and 
101.223(e) into the Texas SIP.

[[Page 24350]]

III. Statutory and Executive Order Reviews

    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 proposes to approve 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).
    This proposed 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 proposes to approve 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 ``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 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.).

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

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: April 29, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-9216 Filed 5-6-05; 8:45 am]
BILLING CODE 6560-50-P