[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Rules and Regulations]
[Pages 45105-45107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18182]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0332; FRL-9914-45-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for the 1997 8-Hour Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Texas State Implementation Plan (SIP) as it applies to 
the volatile organic compound (VOC) sources in the offset lithographic 
printing source category. We are approving revisions to the regulations 
for this source category as they apply in the Dallas/Fort Worth (DFW), 
El Paso and Houston/Galveston/Brazoria (HGB) areas. These revisions are 
based on the recommendations for Reasonably Available Control 
Technology (RACT) in the Control Technique Guideline (CTG) issued in 
2006 entitled, ``Lithographic Printing Materials and Letterpress 
Printing Materials.'' We are also approving the corresponding RACT 
analysis for this category for both the HGB and DFW 1997 8-hour ozone 
nonattainment areas. The EPA is approving these revisions pursuant the 
federal Clean Air Act (the Act, CAA) and consistent with the EPA's 
guidance.

DATES: This final rule is effective on September 3, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2010-0332. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 through http://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. To inspect the hard 
copy materials, please schedule an appointment with the person listed 
in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill 
Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section 
(6PD-L), telephone: (214) 665-2164, email address: [email protected].

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

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's final rule is discussed in our March 12, 
2014 proposal to approve revisions to the Texas SIP (79 FR 13963). In 
that action, we proposed to approve one submittal in full, and portions 
of two separate submittals: A Texas SIP revision submitted by the Texas 
Commission on Environmental Quality (TCEQ) in April, 2010, which 
updates the regulations that apply to offset lithographic printing 
based on the 2006 CTG for this category, and the portions of two other 
Texas SIP revisions submitted by the TCEQ in April, 2010, containing a 
RACT analysis for this source category for the DFW and the HGB areas. 
The TCEQ SIP submittals we proposed to approve March 12, 2014, and 
which we are approving in this final action are:
    (a) VOC CTG Update: CTG Category Offset Lithographic Rulemaking, 
adopted on March 10, 2010 and submitted April 5, 2010, providing rule 
revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile 
Organic Compounds, Subchapter E, Division 4, ``Offset Lithographic 
Printing'' which apply to offset lithographic printing lines located in 
the Dallas-Fort Worth (Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Rockwall, and Tarrant counties), El Paso, and Houston-
Galveston-Brazoria (Brazoria, Chambers, Fort Bend, Galveston, Harris, 
Liberty, Montgomery and Waller counties) areas. This submittal 
addresses recommendations for Reasonably Available Control Technology 
(RACT) in the Control Technique Guideline (CTG) issued in 2006 
entitled, ``Lithographic Printing Materials and Letterpress Printing 
Materials'' for the DFW and HGB areas, and also updates the rules for 
this source category for DFW, El Paso, and HGB.
    (b) a portion of the 2010 HGB Attainment Demonstration SIP Revision 
for the 1997 8-hour Ozone Nonattainment Area, the RACT Analysis for the 
Offset Lithographic CTG Category, adopted March 10, 2010 and submitted 
April 6, 2010, and
    (c) a portion of the 2010 DFW RACT, Rule, and Contingency SIP 
Revision for

[[Page 45106]]

the 1997 8-hour Ozone Nonattainment Area, the RACT Analysis for the 
Offset Lithographic CTG Category, adopted March 10, 2010 and submitted 
April 6, 2010.
    Our March 12, 2014 proposal provides a detailed description of the 
revisions and the rationale for EPA's proposed actions, together with a 
discussion of the opportunity to comment. The public comment period for 
these actions closed on April 11, 2014. See the Technical Support 
Document in the docket for this rulemaking and our proposal at 79 FR 
13963 for more information. We did not receive any comments regarding 
our proposal. Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving Texas' 2010 SIP revisions for the VOC CTG 
source category Offset Lithographic Printing rules. We are approving 
revisions to the following sections within 30 TAC Chapter 115: 115.440, 
115.441, 115.442, 115.443, 115.445, 115.446, and 115.449. In addition, 
the EPA is finding that for this CTG category Texas has RACT-level 
controls in place for the HGB and DFW Areas under the 1997 8-hour ozone 
standard. The EPA is approving these revisions in accordance with 
sections 110, 172(c) and 182 of the federal Clean Air Act and 
consistent with the EPA's guidance.

III. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely 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 CAA; and
     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).

In addition, this rule 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.
    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. EPA will submit a report containing this action 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. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 3, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposed 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 18, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
    Therefore, 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. In Sec.  52.2270:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by revising the entries for Sections 115.440, 
115.442, 115.443, 115.445, 115.446 and 115.449 and adding a new entry 
in sequential order for Section 115.441.
0
b. In paragraph (e), the table titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended 
by adding two entries at the end of the table for ``VOC RACT finding 
for Lithographic Printing under the 1997 8-hour ozone NAAQS, including 
the 2006 EPA-issued CTG ''.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 45107]]



                                    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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                                                  * * * * * * *
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                                      Subchapter E--Solvent-Using Processes
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                                                  * * * * * * *
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                                    Division 4: Offset Lithographic Printing
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Section 115.440................  Applicability and          3/10/2010  8/4/2014 [Insert      ...................
                                  Definitions.                          Federal Register
                                                                        citation].
Section 115.441................  Exemptions..........       3/10/2010  8/4/2014 [Insert      ...................
                                                                        Federal Register
                                                                        citation].
Section 115.442................  Control Requirements       3/10/2010  8/4/2014 [Insert      ...................
                                                                        Federal Register
                                                                        citation].
Section 115.443................  Alternate Control          3/10/2010  8/4/2014 [Insert      ...................
                                  Requirements.                         Federal Register
                                                                        citation].
Section 115.445................  Approved Test              3/10/2010  8/4/2014 [Insert      ...................
                                  Methods.                              Federal Register
                                                                        citation].
Section 115.446................  Monitoring and             3/10/2010  8/4/2014 [Insert      ...................
                                  Recordkeeping                         Federal Register
                                  Requirements.                         citation].
Section 115.449................  Compliance Schedules       3/10/2010  8/4/2014 [Insert      ...................
                                                                        Federal Register
                                                                        citation].
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                                                  * * * * * * *
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* * * * *
    (e) * * *
* * * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                      Applicable            State
     Name of SIP provision        geographic or non-     submittal/      EPA approval date         Comments
                                    attainment area    effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
VOC RACT finding for             Houston-Galveston-          4/6/2010  8/4/2014 [Insert      HGB as Severe.
 Lithographic Printing under      Brazoria (Brazoria,                   Federal Register
 the 1997 8-hour ozone NAAQS,     Chambers, Fort                        citation].
 including the 2006 EPA-issued    Bend, Galveston,
 CTG.                             Harris, Liberty,
                                  Montgomery and
                                  Waller Counties,
                                  TX).
VOC RACT finding for             Dallas-Fort Worth           4/6/2010  8/4/2014 [Insert      DFW as Moderate and
 Lithographic Printing under      (Collin, Dallas,                      Federal Register      Serious.
 the 1997 8-hour ozone NAAQS,     Denton, Ellis,                        citation].
 including the 2006 EPA-issued    Johnson, Kaufman,
 CTG.                             Parker, Rockwall,
                                  and Tarrant
                                  Counties, TX).
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[FR Doc. 2014-18182 Filed 8-1-14; 8:45 am]
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