ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R06­
OAR­
2004­
TX­
0014;
FRL­______________________]

Approval
and
Promulgation
of
Air
Quality
Implementation
Plans;

Texas;
Rules
for
the
Control
of
Highly
Reactive
Volatile
Organic
Compounds
in
the
Houston/
Galveston/
Brazoria
Ozone
Nonattainment
Area
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Final
rule.

SUMMARY:
EPA
is
approving
rules
adopted
by
the
Texas
Commission
on
Environmental
Quality
(
TCEQ)
for
the
control
of
highly
reactive
Volatile
Organic
Compounds
(
HRVOCs)
in
the
Houston/
Galveston/
Brazoria
(
HGB)
ozone
nonattainment
area.
These
rules
for
the
control
of
HRVOCs
supplement
Texas'
existing
rules
for
controlling
volatile
organic
compounds
(
VOC)
by
providing
more
extensive
requirements
for
certain
equipment
in
HRVOC
service.
These
additional
controls
of
HRVOC
emissions
will
help
to
attain
and
maintain
the
national
ambient
air
quality
standards
(
NAAQS)
for
ozone
in
HGB.

DATES:
This
rule
is
effective
on
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
2
ADDRESSES:
EPA
has
established
a
docket
for
this
action
under
Docket
ID
No.
EPA­
R06­

OAR­
2004­
TX­
0014.
All
documents
in
the
docket
are
listed
on
the
www.
regulations.
gov
web
site.
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,
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
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:
30am
and
4:
30pm
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
State
Air
Agency
listed
below
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:
Carl
Young,
Air
Planning
Section
(
6PD­
L),

Environmental
Protection
Agency,
Region
6,
1445
Ross
Avenue,
Suite
700,
Dallas,
Texas
75202­
3
2733,
telephone
(
214)
665­
7242;
fax
number
214­
665­
7263;
e­
mail
address
young.
carl@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

Throughout
this
document
wherever
"
we",
"
us",
or
"
our"
are
used,
we
mean
the
EPA.

What
Action
is
EPA
Taking?

We
are
approving
portions
of
revisions
to
the
SIP
submitted
by
the
State
of
Texas
in
letters
dated
January
23,
2003,
November
7,
2003,
March
26,
2004
and
December
17,
2004.
We
are
approving
the
portions
of
these
revisions
that
pertain
to
the
control
of
HRVOCs.
These
rules,

which
are
codified
at
30
TAC
Chapter
115,
Subchapter
H,
apply
to
facilities
in
the
HGB
ozone
nonattainment
area.
We
are
also
approving
the
associated
revisions
to
the
definitions
section
of
30
Texas
Administrative
Code
(
TAC)
115.10.
The
revisions
are
approved
pursuant
to
section
110
and
part
D
of
the
Federal
Clean
Air
Act
(
the
Act).

What
is
the
Background
for
this
Action?

These
rules
to
control
HRVOCs
were
adopted
by
TCEQ
based
on
recent
findings
that
certain
highly
reactive
chemicals
(
ethylene,
propylene,
1,3
butadiene
and
butenes)
contribute
disproportionately
to
the
ozone
problem
in
the
HGB
area.
EPA
issued
a
proposed
approval
of
these
rule
revisions
on
April
7,
2005
(
70
FR
17640).
In
EPA's
proposed
approval,
we
explained
the
rationale
for
our
approval
and
solicited
comments
for
30
days.

What
Comments
were
Received
on
the
Proposed
Approval?

Only
one
comment
letter
was
received
regarding
the
proposed
approval
and
it
was
supportive
of
the
proposed
action.

What
does
Federal
approval
of
a
State
regulation
mean
to
me?
4
Enforcement
of
the
State
regulation
before
and
after
it
is
incorporated
into
the
federally
approved
SIP
is
primarily
a
state
function.
However,
once
the
regulation
is
federally
approved,

the
EPA
and
the
public
may
take
enforcement
action
against
violators
of
these
regulations
if
the
state
fails
to
do
so.
In
addition,
only
regulations
that
have
been
federally
approved
can
be
credited
toward
an
area's
attainment
or
rate
of
progress
plan.
EPA
has
proposed
approval
of
the
ozone
attainment
plan
for
the
HGB
area.
The
measures
to
control
HRVOCs
in
this
approval
are
part
of
the
control
strategy
to
demonstrate
attainment
of
the
ozone
standard.

What
General
Requirements
do
the
Rules
Establish?

The
rules
establish
improved
monitoring
requirements
for
flares,
cooling
towers,
process
vents
and
pressure
relief
valves.
The
rules
establish
a
1200
lb/
hour
site­
wide
short­
term
limit
on
HRVOCs
for
sources
in
Harris
County.
In
addition,
the
improved
source
monitoring
provides
the
information
necessary
for
sources
to
demonstrate
compliance
with
an
annual
cap
and
trade
program
controlling
emissions
of
HRVOCs
from
cooling
tower,
process
vents,
pressure
relief
devices
and
flares
contained
in
30
TAC
Chapter
101.
EPA
proposed
approval
of
the
HRVOC
cap
and
trade
program
on
October
5,
2005
(
70
FR
58112).
Also,
to
better
control
fugitive
emissions
of
HRVOCs,
the
rules
being
approved
here
establish
more
stringent
leak
detection
and
repair
work
practice
requirements.

Why
are
We
Approving
these
Rules?

The
addition
of
these
rules
for
the
control
of
HRVOCs
will
supplement
Texas'
existing
rules
controlling
volatile
organic
compounds
(
VOC)
and
provide
improvements
to
the
Texas
SIP's
VOC
Reasonably
Available
Control
Technology
(
RACT)
rules.
These
additional
controls
of
HRVOC
emissions
will
help
to
attain
and
maintain
the
national
ambient
air
quality
standards
5
(
NAAQS)
for
ozone
in
HGB.
Today's
action's
makes
the
revised
regulations
Federally
enforceable.

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
(
Public
Law
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
6
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,
A
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
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.
section
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
7
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,

the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
A
major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
major
rule
as
defined
by
5
U.
S.
C.

section
804(
2).

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
[
FEDERAL
REGISTER
OFFICE:
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
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).)
8
List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Hydrocarbons,
Incorporation
by
reference,
Intergovernmental
relations,
Nitrogen
oxides,
Ozone,
Reporting
and
recordkeeping
requirements,
Volatile
organic
compounds.

Dated:
August
24,
2006
Richard
E.
Greene,

Regional
Administrator,
Region
6.
9
40
CFR
part
52
is
amended
as
follows:

PART
52­­[
AMENDED]

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

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

Subpart
SS
­
Texas
2.
The
table
in
§
52.2270(
c)
entitled
"
EPA
Approved
Regulations
in
the
Texas
SIP"
is
amended
under
Chapter
115
(
Reg
5),
immediately
following
the
entry
for
Section
115.629,
by
adding
a
new
centered
heading
"
Subchapter
H
 
Highly­
Reactive
Volatile
Organic
Compounds",
followed
by
new
entries
for
Sections
115.720
to
115.789
to
read
as
follows.

§
52.2270
Identification
of
plan.

*
*
*
*
*

(
c)
*
*
*

EPA
Approved
Regulations
in
the
Texas
SIP
State
citation
Title/
Subject
State
approval/
Submittal
date
EPA
approval
date
Explanation
*
*
*
*
*
*
*
Chapter
115
(
Reg
5)
 
Control
of
Air
Pollution
From
Volatile
Organic
Compounds
*
*
*
*
*
*
*
Section
115.629
Affected
Counties
and
Compliance
Schedules
10/
27/
04
02/
10/
05,
70
FR
7043
Subchapter
H
 
Highly­
Reactive
Volatile
Organic
Compounds
Division
1:
Vent
Gas
Control
Section
115.720
Applicability
and
Definitions.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
10
Section
115.722
Site­
wide
Cap
and
Control
Requirements.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.725
Monitoring
and
Testing
Requirements.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.726
Recordkeeping
and
Reporting
Requirements.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.727
Exemptions.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.729
Counties
and
Compliance
Schedules.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Division
2:
Cooling
Tower
Heat
Exchange
Systems
Section
115.760
Applicability
and
Cooling
Tower
Heat
Exchange
System
Definitions.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.761
Site­
wide
Cap.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.764
Monitoring
and
Testing
Requirements.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
11
Section
115.766
Recordkeeping
and
Reporting
Requirements.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.767
Exemptions.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]

Section
115.769
Counties
and
Compliance
Schedules.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Division
3:
Fugitive
Emissions
Section
115.780
Applicability.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.781
General
Monitoring
and
Inspection
Requirements.
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.782
Procedures
and
Schedule
for
Leak
Repair
and
Followup
12/
01/
2004
[
Insert
date
of
FR
publication]
[
Insert
FR
citation
from
published
date]
Section
115.783
Equipment
Standards.
12/
01/
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Section
115.786
Recordkeeping
Requirements.
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Section
115.787
Exemptions.
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Section
115.788
Audit
Provisions.
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115.789
Counties
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Compliance
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