[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26251-26255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10561]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0494; FRL-9808-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revisions to Control of Air Pollution from Nitrogen Compounds 
from Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to approve revisions to 
the Texas State Implementation Plan (SIP), 30 TAC, Chapter 117 Control 
of Air Pollution from Nitrogen Compounds. These revisions concern two 
separate actions. First, we are approving revisions to Texas SIP, 
Chapter 117 emissions specifications for lean burn engines fired on 
landfill or other biogas at minor sources of Nitrogen Oxides (NOx). 
Second, we are approving revisions to Texas SIP, Chapter 117 to include 
low temperature drying and curing ovens used in wet-laid non-woven 
fiber mat manufacturing operations when nitrogen containing resins or 
other additives are used. These two actions affect NOx sources 
operating in the Dallas Fort-Worth (DFW) 1997 8-hour ozone 
nonattainment area. The EPA is approving these two actions pursuant to 
section 110 of the Federal Clean Air Act (CAA, Act).

DATES: This direct final rule will be effective July 5, 2013 without 
further notice unless EPA receives adverse comments by June 5, 2013. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No EPA-R06-OAR-
2011-0494, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
     Follow the online instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select 
``Air'' before submitting comments.
     Email: Mr. Guy Donaldson at [email protected]. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, 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,

[[Page 26252]]

and not on legal holidays. Special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2011-
0494. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, 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 email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket 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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy 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 during 
official business hours, by appointment, at the 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), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6691; fax number 
214-665-7263; email address [email protected].

SUPPLEMENTARY INFORMATION:  Throughout this document ``we'', ``us'', or 
``our'' refer to EPA.

Outline

I. Background
    A. What actions are we taking?
    B. What is EPA's evaluation of these revisions?
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

A. What actions are we taking?

1. Lean Burn Engines
    We previously approved the revisions to 30 TAC, Chapter 117 Control 
of Air Pollution from Nitrogen Compounds on December 3, 2008 at 73 FR 
73562. We received a SIP submittal package, with a letter dated May 18, 
2011, from TCEQ requesting approval of a revision to 30 TAC, Chapter 
117, Subchapter D, Combustion Control at Minor Sources in Ozone 
Nonattainment Areas, Division 2, Dallas Fort-Worth Eight-Hour Ozone 
Nonattainment Area Minor Sources. This revision specifically concerns 
section 117.2110(a)(1)(B)(ii)(I). The adopted revisions expand the 
emission specification for lean-burn engines fired on landfill gas to 
include lean-burn engines fired on biogas at minor sources of nitrogen 
oxides (NOx) in the DFW 1997 eight-hour ozone nonattainment area. The 
adopted rule revision will require owners or operators of stationary 
gas-fired, lean-burn internal combustion engines fired on biogas fuels 
other than landfill gas that are installed, modified, reconstructed, or 
relocated on or after June 1, 2007, to comply with a NOx emission limit 
of 0.60 grams per horsepower-hour (g/hp-hr). The State's adopted rule 
was published on May 6, 2011 at 36 Texas Register 2855. By adopting the 
emission specification of 0.60 g/hp-hr in section 
117.2110(a)(1)(B)(ii)(I) for the DFW area, the rule will become 
consistent with the emissions specification for this category of 
engines operating in the Houston-Galveston-Brazoria (HGB) 1997 8-hour 
ozone nonattainment area. The revision will provide for consistency and 
operational flexibility for this category of engines operating in the 
DFW 1997 eight-hour ozone nonattainment area. We are approving these 
SIP revisions pursuant to section 110 of the CAA. For more information 
see section 1 of the Technical Support Document (TSD) we have prepared 
in conjunction with this rulemaking action.
2. Low Temperature Drying and Curing Ovens
    We previously approved the revisions to 30 TAC, Chapter 117 Control 
of Air Pollution from Nitrogen Compounds on December 3, 2008 at 73 FR 
73562. We received a SIP submittal package, with a letter dated 
February 2, 2010, from TCEQ requesting approval of a revision to 30 
TAC, Chapter 117, Subchapter B, Combustion Control at Major Industrial, 
Commercial, and Institutional Sources in Ozone Nonattainment Areas; 
Division 4, Dallas Fort-Worth Eight-Hour Ozone Nonattainment Area Major 
Sources. This revision specifically concerns section 117.403(a)(12). 
The state adopted a rule revision to Chapter 117 to expand the existing 
exemption from the current SIP-approved rule to include low-temperature 
drying ovens and curing ovens used in wet-laid, non-woven fiber mat 
manufacturing as well as low-temperature drying ovens used in mineral 
wool-type fiberglass manufacturing. The rule revision will amend the 
rule language from ``nitrogen-bound chemical additives'' to ``nitrogen-
containing resins, or other additives.'' The State's adopted rule was 
published on January 29, 2010 at 35 Texas Register 649.
    This revision to section 117.403(a)(12) will clarify that nitrogen-
containing resins would qualify for an exemption because resins might 
not always be considered an additive. The revision will provide for 
operational flexibility and clarification to the rule language for this 
category of ovens operating in the DFW 1997 eight-hour ozone 
nonattainment area. We are approving these SIP revisions pursuant to 
section 110 of the CAA. See section 2 of the TSD we have prepared in 
conjunction with this rulemaking action for more information.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no relevant 
adverse comments. However, in the proposed rules section of this 
Federal Register

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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 July 5, 2013 without 
further notice unless we receive relevant adverse comments by June 5, 
2013. If we receive relevant adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will then address all public comments in a 
subsequent final rule based on the proposed rule. However, we will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
an 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.

B. What is EPA's evaluation of these revisions?

1. Lean Burn Engines
    The existing NOx emission specification in section 
117.2110(a)(1)(B)(ii)(II) for gas-fired lean-burn engines using gaseous 
fuels other than landfill gas that are installed, modified, 
reconstructed, or relocated on or after June 1, 2007, is 0.50 g/hp-hr. 
Landfill gas and other biogas are produced from anaerobic digestion or 
decomposition of organic matter and have similar fuel and combustion 
characteristics. Both landfill gas and other biogas, at times, contain 
contaminants such as sulfur, chlorine, and silicon. Therefore, engines 
fired on landfill gas and other biogas can have technological 
feasibility issues with regard to the installation or employment of a 
NOx control catalyst due to the presence of such substances which can 
contribute to catalyst failure or deactivation in a matter of hours or 
days. The technological feasibility issues related to the installation 
and operation of a NOx control catalyst is the basis for the 0.60 g/hp-
hr emission standard in the current SIP-approved rule and the 
justification for the proposed expansion of the existing emission 
specification to include lean-burn engines fired on biogas at minor 
sources of NOx in the DFW 1997 8-hour ozone nonattainment area. It is 
anticipated that the change in emission specification will potentially 
result in 0.02 tons per day (tpd) in NOx emissions from these engines 
firing biogas. As stated above, by adopting the emission specification 
of 0.60 g/hp-hr in section 117.2110(a)(1)(B)(ii)(I) for the DFW area, 
the rule will become consistent with the emissions specification for 
this category of engines operating in the HGB 1997 8-hour ozone 
nonattainment area. Furthermore, a larger amount of NOx would have 
resulted, if a likely alternative such as routing the gas to a flare is 
utilized. Given that a) the biogas will be used beneficially, b) there 
are technical challenges associated with the use of a post combustion 
control device for these engines, and c) only a small amount of 
emissions change (which is to be replaced with the surplus NOx 
reductions from the fleet turnover) will be at issue; this rule 
revision is acceptable. For this reason, we believe this rule revision 
is not in conflict with section 110(l) of the Act, and will not 
interfere with the attainment or maintenance of the NAAQS. We have 
evaluated the State's submittal and have determined that the rule 
revision meets the applicable requirements of the CAA and EPA air 
quality regulations. See our section 1 of the TSD. The originally 
approved Chapter 117 NOx emissions control requirements were part of 
the DFW 8-hour ozone NAAQS attainment demonstration plan; therefore, 
any NOx increase, including those resulting from adoption of this 
particular revision to section 117.2110(a)(1)(B)(ii)(II), should be 
accounted for and reflected in modeling of future DFW attainment 
demonstration plan submittals to EPA.
2. Low Temperature Drying and Curing Ovens
    On December 3, 2008 at 73 FR 73562, we approved a revision to 
Chapter 117, Subchapter B, Division 4, Dallas-Fort Worth Eight-Hour 
Ozone Nonattainment Area Major Sources, with new emission control 
requirements for major Industrial, Commercial, or Institutional (ICI) 
sources of NOX in the DFW 1997 8-hour ozone nonattainment 
area. That revision to Chapter 117, Subchapter B, Division 4 requires 
owners or operators of major ICI sources of NOX in the DFW 
1997 eight-hour ozone nonattainment area to reduce NOX 
emissions from a wide variety of stationary sources including curing 
and drying ovens used in mineral wool-type fiberglass manufacturing 
operations. The December 3, 2008 rulemaking action approved into the 
Texas SIP included an addition of a new provision under section 
117.403(a)(12) to exempt curing ovens used in mineral wool-type 
fiberglass manufacturing in which nitrogen-bound chemical additives are 
used due to technical feasibility issues associated with controlling 
NOX emissions from curing ovens of this specific operation. 
TCEQ was petitioned by a fiberglass manufacturer stating that addition 
of nitrogen-bound chemical additives in its operation contributes to 
the creation of non-combustion-related thermal NOX that 
cannot be controlled using the emissions control techniques the State 
has identified as appropriate for curing ovens utilized in mineral 
wool-type fiberglass manufacturing operations. The amount of 
NOX emitted from curing ovens of this type is estimated to 
be a small contribution to the total NOX emissions from this 
industry. As a result of granting the petition, approximately 0.1 tpd 
of NOX emission reductions will need to be replaced in the 
2007 DFW 1997 8-hour ozone attainment demonstration SIP. TCEQ is of the 
position that the 0.1 tpd of NOX reduction can be 
substituted with 0.1 tpd of reductions in NOX from the 
surplus fleet turnover. See section 2 of the TSD. We have reviewed 
State's submittal and agree with their reasoning to grant the petition, 
and thus revising section 117.403(a)(12). We also believe that by 
substituting the 0.1 tpd of NOX from the surplus fleet 
turnover reductions the State has adequately demonstrated ``non-
interference'' with the maintenance and attainment of NAAQS under 
section 110(l) of the Act. Therefore, the State's submittal meets the 
applicable requirements of the CAA and EPA air quality regulations.

II. Final Action

    Today we are approving two separate actions. First, we are 
approving revisions to Texas SIP, Chapter 117 emissions specifications 
for lean burn engines fired on landfill or other biogas at minor 
sources of NOX. Second, we are approving revisions to Texas 
SIP, Chapter 117 to include low temperature drying and curing ovens 
used in wet-laid non-woven fiber mat manufacturing and wet-laid, non-
woven operations when nitrogen containing resins or other additives are 
used. Both of these actions affect NOX sources operating in 
the DFW 1997 8-hour ozone nonattainment area. EPA is approving these 
two actions pursuant to section 110 of the Act.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely

[[Page 26254]]

approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act;
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994);
     Does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the State, and 
EPA notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law; and
     Is not a ``major rule'' as defined by 5 U.S.C. 804(2) 
under the Congressional Review Act, 5 U.S.C. 801 et seq., added by the 
Small Business Regulatory Enforcement Fairness Act of 1996. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register.
    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 July 5, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (See section 307(b)(2) of the 
Act.)

List of Subjects in 40 CFR Part 52

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

    Dated: April 19, 2013.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA-Approved Regulations in 
the Texas SIP'' is ama06my0.006ended as follows:
0
a. By revising the entry for Section 117.403;
0
b. By revising the entry for Section 117.2110.
    The revisions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
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                                                        State approval/
          State citation              Title/subject        submittal     EPA approval date       Explanation
                                                             date
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Chapter 117--Control of Air Pollution from Nitrogen Compounds
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                                                  * * * * * * *
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      Subchapter B--Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone
                                               Nonattainment Areas
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                                                  * * * * * * *
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                 Division 4--Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 117.403..................  Exemptions.........        2/2/2010  5/6/2013 [Insert FR
                                                                         page number where
                                                                         document begins].
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[[Page 26255]]

 
                                                  * * * * * * *
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                 Subchapter D--Combustion Control at Minor Sources in Ozone Nonattainment Areas
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                                                  * * * * * * *
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                 Division 2--Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 117.2110.................  Emission                  5/18/2011  5/6/2013 [Insert FR
                                    Specifications for                   page number where
                                    Eight-Hour                           document begins].
                                    Attainment
                                    Demonstration.
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                                                  * * * * * * *
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[FR Doc. 2013-10561 Filed 5-3-13; 8:45 am]
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