ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
63
[
EPA­
R06­
OAR­
2005­
TX­
0034;
FRL­
]

National
Emission
Standards
for
Hazardous
Air
Pollutants;
Delegation
of
Authority
to
Texas
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Direct
final
rule;
delegation
of
authority.

SUMMARY:
The
Texas
Commission
on
Environmental
Quality
(
TCEQ)
has
submitted
updated
regulations
for
receiving
delegation
of
EPA
authority
for
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAPs)
for
certain
sources
(
both
part
70
and
non­
part
70
sources).
These
regulations
apply
to
certain
NESHAPs
promulgated
by
EPA,
as
adopted
by
the
TCEQ.
The
delegation
of
authority
under
this
action
does
not
apply
to
sources
located
in
Indian
Country.
EPA
is
taking
direct
final
action
to
approve
the
delegation
of
certain
NESHAPs
to
TCEQ.

DATES:
This
rule
is
effective
on
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice,
unless
EPA
receives
relevant
adverse
comment
by
2
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
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
Docket
ID
No.
EPA­
R06­
OAR­
2005­
TX­

0034,
by
one
of
the
following
methods:

°
Federal
eRulemaking
Portal:
http://
www.
regulations.
gov.
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:
Jeff
Robinson
at
robinson.
jeffrey@
epa.
gov.

°
Fax:
Mr.
Jeff
Robinson,
Air
Permits
Section
(
6PD­
R),
at
fax
number
214­
665­
7263.

°
Mail:
Mr.
Jeff
Robinson,
Air
Permits
Section
(
6PD­
R),
Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.

°
Hand
or
Courier
Delivery:
Mr.
Jeff
Robinson,
Air
Permits
Section
(
6PD­
R),

Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.

Such
deliveries
are
accepted
only
between
the
hours
of
8:
00
a.
m.
and
4:
00
p.
m.
weekdays
except
for
legal
holidays.
Special
arrangements
should
be
made
for
deliveries
of
boxed
information.
3
Instructions:
Direct
your
comments
to
Docket
ID
No.
EPA­
R06­
OAR­
2005­
TX­
0034.
EPA's
policy
is
that
all
comments
received
will
be
included
in
the
public
docket
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
www.
regulations.
gov,
or
e­
mail.
The
www.
regulations.
gov
website
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
e­
mail
comment
directly
to
EPA
without
going
through
www.
regulations.
gov,
your
e­
mail
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
electronic
docket
are
listed
in
the
www.
regulations.
gov
index.

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
4
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
www.
regulations.
gov
or
in
hard
copy
at
the
Air
Permitting
Section
(
6PD­
R),
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
Agency
listed
below
during
official
business
hours
by
appointment:

Texas
Commission
on
Environmental
Quality,
Office
of
Air
Quality,
12100
Park
35
Circle,
Austin,
Texas
78753.

FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Jeff
Robinson,
U.
S.
EPA,
Region
6,

Multimedia
Planning
and
Permitting
Division
(
6PD),
1445
Ross
Avenue,
Dallas,
TX
75202­
5
2733,
telephone
(
214)
665­
6435;
fax
number
214­
665­
7263;
or
electronic
mail
at
robinson.
jeffrey@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
Throughout
this
document
wherever
"
we,"
"
us,"
or
"
our"
is
used,
we
mean
the
EPA.

Table
of
Contents
I.
General
Information
II.
What
Does
This
Action
Do?

III.
What
Is
The
Authority
For
Delegation?

IV.
What
Criteria
Must
Texas'
Program
Meet
To
Be
Approved?

V.
How
Did
TCEQ
Meet
The
Subpart
E
Approval
Criteria?

VI.
What
Is
Being
Delegated?

VII.
What
Is
Not
Being
Delegated?
6
VIII.
How
Will
Applicability
Determinations
Under
Section
112
Be
Made?

IX.
What
Authority
Does
EPA
Have?

X.
What
Information
Must
TCEQ
Provide
To
EPA?

XI.
What
Is
EPA's
Oversight
Of
This
Delegation
To
TCEQ?

XII.
Should
Sources
Submit
Notices
To
EPA
Or
TCEQ?

XIII.
How
Will
Unchanged
Authorities
Be
Delegated
To
TCEQ
In
The
Future?

XIV.
Final
Action
XV.
Statutory
and
Executive
Order
Reviews
I.
General
Information
A.
Tips
for
Preparing
Your
Comments.

When
submitting
comments,
remember
to:

1.
Identify
the
rulemaking
by
docket
number
and
other
identifying
information
(
subject
heading,
Federal
Register
date
and
page
number).
7
2.
Follow
directions
­
The
agency
may
ask
you
to
respond
to
specific
questions
or
organize
comments
by
referencing
a
Code
of
Federal
Regulations
(
CFR)
part
or
section
number.

3.
Explain
why
you
agree
or
disagree;
suggest
alternatives
and
substitute
language
for
your
requested
changes.

4.
Describe
any
assumptions
and
provide
any
technical
information
and/
or
data
that
you
used.

5.
If
you
estimate
potential
costs
or
burdens,
explain
how
you
arrived
at
your
estimate
in
sufficient
detail
to
allow
for
it
to
be
reproduced.

6.
Provide
specific
examples
to
illustrate
your
concerns,
and
suggest
alternatives.

7.
Explain
your
views
as
clearly
as
possible,
avoiding
the
use
of
profanity
or
personal
threats.

8.
Make
sure
to
submit
your
comments
by
the
comment
period
deadline
identified.

B.
Submitting
confidential
business
information
(
CBI)

Do
not
submit
this
information
to
EPA
through
regulations.
gov
or
e­
mail.
Clearly
mark
the
part
or
all
of
the
information
that
you
claim
to
be
CBI.
For
CBI
information
in
a
disk
or
CD
ROM
that
you
mail
to
EPA,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
8
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
claimed
as
CBI.
In
addition
to
one
complete
version
of
the
comment
that
includes
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket.
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.

II.
What
Does
This
Action
Do?

EPA
is
taking
direct
final
action
to
approve
the
delegation
of
certain
NESHAPs
to
TCEQ.

With
this
delegation,
TCEQ
has
the
primary
responsibility
to
implement
and
enforce
the
delegated
standards.
See
sections
VI
and
VII,
below,
for
a
complete
discussion
of
which
standards
are
being
delegated
and
which
are
not
being
delegated.

III.
What
Is
The
Authority
For
Delegation?

Section
112(
l)
of
the
CAA
and
40
CFR
part
63,
Subpart
E,
authorizes
EPA
to
delegate
authority
to
any
state
or
local
agency
which
submits
adequate
regulatory
procedures
for
implementation
and
enforcement
of
emission
standards
for
hazardous
air
pollutants.
The
hazardous
air
pollutant
standards
are
codified
at
40
CFR
part
63.
9
IV.
What
Criteria
Must
Texas'
Program
Meet
To
Be
Approved?

Section
112(
l)
of
the
CAA
enables
EPA
to
approve
State
air
toxics
programs
or
rules
to
operate
in
place
of
the
Federal
air
toxics
program
or
rules.
40
CFR
part
63,
subpart
E
(
subpart
E)

governs
EPA's
approval
of
State
rules
or
programs
under
section
112(
l).

EPA
will
approve
an
air
toxics
program
if
we
find
that:

(
1)
the
State
program
is
"
no
less
stringent"
than
the
corresponding
Federal
program
or
rule;

(
2)
the
State
has
adequate
authority
and
resources
to
implement
the
program;

(
3)
the
schedule
for
implementation
and
compliance
is
sufficiently
expeditious;
and
(
4)
the
program
otherwise
complies
with
Federal
guidance.

In
order
to
obtain
approval
of
its
program
to
implement
and
enforce
Federal
section
112
rules
as
promulgated
without
changes
(
straight
delegation),
only
the
criteria
of
40
CFR
63.91(
d)
10
must
be
met.
40
CFR
63.91(
d)(
3)
provides
that
interim
or
final
Title
V
program
approval
will
satisfy
the
criteria
of
40
CFR
63.91(
d)
for
part
70
sources.

V.
How
Did
TCEQ
Meet
The
Subpart
E
Approval
Criteria?

As
part
of
its
Title
V
submission,
TCEQ
stated
that
it
intended
to
use
the
mechanism
of
incorporation
by
reference
to
adopt
unchanged
Federal
section
112
into
its
regulations.
This
applied
to
both
existing
and
future
standards
as
they
applied
to
part
70
sources
((
60
FR
30444
(
June
7,
1995)
and
61
FR
32699
(
June
25,
1996)).
On
December
6,
2001,
EPA
promulgated
final
full
approval
of
the
State's
operating
permits
program
effective
November
30,
2001
(
66
FR
63318).
The
TCEQ
was
originally
delegated
the
authority
to
implement
certain
NESHAPs
effective
May
17,
2005
(
70
FR
13018).
Under
40
CFR
63.91(
d)(
2),
once
a
state
has
satisfied
up­
front
approval
criteria,
it
needs
only
to
reference
the
previous
demonstration
and
reaffirm
that
it
still
meets
the
criteria
for
any
subsequent
submittals.
TCEQ
has
affirmed
that
it
still
meets
the
up­
front
approval
criteria.

VI.
What
Is
Being
Delegated?
11
EPA
received
a
request
from
TCEQ
to
update
it's
existing
delegation
of
certain
NESHAP
subparts
on
July
26,
2005.
The
TCEQ
requests
delegation
of
certain
NESHAP
for
all
sources
(
both
part
70
and
non­
part
70
sources).
For
the
part
63
NESHAPs,
Texas'
request
included
the
newly
incorporated
NESHAPs
set
forth
in
Table
1
below,
and
amendments
to
existing
standards
that
are
currently
delegated..

Table
1
40
CFR
Part
63
NESHAP
for
Source
Categories
Subpart
Source
Category
EEEE
Organic
Liquids
Distribution
(
Non­
Gasoline)

FFFF
Miscellaneous
Organic
Chemical
Manufacturing
(
MON)

IIII
Surface
Coating
of
Automobiles
and
Light­
Duty
Trucks
KKKK
Surface
Coating
of
Metal
Cans
MMMM
Surface
Coating
of
Miscellaneous
Metal
Parts
and
Products
OOOO
Printing,
Coating,
and
Dyeing
of
Fabrics
and
Other
Textiles
PPPP
Surface
Coating
of
Plastic
Parts
and
Products
QQQQ
Surface
Coating
of
Wood
Building
Products
RRRR
Surface
Coating
of
Metal
Furniture
WWWW
Reinforced
Plastic
Composites
Production
YYYY
Stationary
Combustion
Turbines
ZZZZ
Stationary
Reciprocating
Internal
Combustion
Engines
(
RICE)

AAAAA
Lime
Manufacturing
Plants
BBBBB
Semiconductor
Manufacturing
CCCCC
Coke
Ovens:
Pushing,
Quenching,
and
Battery
Stacks
EEEEE
Iron
and
Steel
Foundries
FFFFF
Integrated
Iron
and
Steel
Manufacturing
Facilities
GGGGG
Site
Remediation
12
HHHHH
Miscellaneous
Coating
Manufacturing
IIIIII
Mercury
Emissions
from
Mercury
Cell
Chlor­
Alkali
Plants
JJJJJ
Brick
and
Structural
Clay
Products
Manufacturing
KKKKK
Clay
Ceramics
Manufacturing
LLLLL
Asphalt
Processing
and
Asphalt
Roofing
Manufacturing
MMMMM
Flexible
Polyurethane
Foam
Fabrication
Operations
NNNNN
Hydrochloric
Acid
Production
PPPPP
Engine
Test
Cells/
Stands
RRRRR
Taconite
Iron
Ore
Processing
SSSSS
Refractory
Products
Manufacturing
TTTTT
Primary
Magnesium
Refining
VII.
What
Is
Not
Being
Delegated?

EPA
cannot
delegate
to
a
State
any
of
the
Category
II
Subpart
A
authorities
set
forth
in
40
CFR
63.91(
g)(
2).
These
include
the
following
provisions:
§
63.6(
g),
Approval
of
Alternative
Non­
Opacity
Standards;
§
63.6(
h)(
9),
Approval
of
Alternative
Opacity
Standards;
§

63.7(
e)(
2)(
ii)
and
(
f),
Approval
of
Major
Alternatives
to
Test
Methods;
§
63.8(
f),
Approval
of
Major
Alternatives
to
Monitoring;
and
§
63.10(
f),
Approval
of
Major
Alternatives
to
Recordkeeping
and
Reporting.
In
addition,
some
MACT
standards
have
certain
provisions
that
cannot
be
delegated
to
the
States.
Therefore,
any
MACT
standard
that
EPA
is
delegating
to
TCEQ
that
provides
that
certain
authorities
cannot
be
delegated
are
retained
by
EPA
and
not
delegated.
Furthermore,
no
authorities
are
delegated
that
require
rulemaking
in
the
Federal
Register
to
implement,
or
where
Federal
overview
is
the
only
way
to
ensure
national
consistency
13
in
the
application
of
the
standards
or
requirements
of
CAA
section
112.
Finally,
section
112(
r),

the
accidental
release
program
authority,
is
not
being
delegated
by
this
approval.

All
of
the
inquiries
and
requests
concerning
implementation
and
enforcement
of
the
excluded
standards
in
the
State
of
Texas
should
be
directed
to
the
EPA
Region
6
Office.

EPA
must
change
the
delegation
status
of
part
63
­
Subpart
J
standards
for
Polyvinyl
Chloride
and
Copolymers
Production
in
this
delegation
action.
This
subpart
was
vacated
by
Mossville
Environmental
Action
Now
v.
EPA,
370
F.
3d
1232
(
D.
C.
Cir.
2004),
and
EPA's
petition
for
rehearing
was
denied
by
the
Court
of
Appeals
for
the
D.
C.
Circuit
on
April
15,
2005.

This
subpart
was
previously
delegated
to
TCEQ.
In
addition,
this
delegation
to
TCEQ
to
implement
and
enforce
certain
NESHAPs
does
not
extend
to
sources
or
activities
located
in
Indian
country,
as
defined
in
18
U.
S.
C.
1151.
Under
this
definition,
EPA
treats
as
reservations,

trust
lands
validly
set
aside
for
the
use
of
a
Tribe
even
if
the
trust
lands
have
not
been
formally
designated
as
a
reservation.
Consistent
with
previous
federal
program
approvals
or
delegations,

EPA
will
continue
to
implement
the
NESHAPs
in
Indian
country
because
TCEQ
has
not
submitted
information
to
demonstrate
authority
over
sources
and
activities
located
within
the
exterior
boundaries
of
Indian
reservations
and
other
areas
in
Indian
country.

VIII.
How
Will
Applicability
Determinations
Under
Section
112
Be
Made?

In
approving
this
delegation,
TCEQ
will
obtain
concurrence
from
EPA
on
any
matter
involving
the
interpretation
of
section
112
of
the
CAA
or
40
CFR
part
63
to
the
extent
that
14
implementation,
administration,
or
enforcement
of
these
sections
have
not
been
covered
by
EPA
determinations
or
guidance.

IX.
What
Authority
Does
EPA
Have?

We
retain
the
right,
as
provided
by
CAA
section
112(
l)(
7),
to
enforce
any
applicable
emission
standard
or
requirement
under
section
112.
EPA
also
has
the
authority
to
make
certain
decisions
under
the
General
Provisions
(
subpart
A)
of
part
63.
We
are
granting
TCEQ
some
of
these
authorities,
and
retaining
others,
as
explained
in
sections
VI
and
VII
above.
In
addition,

EPA
may
review
and
disapprove
of
State
determinations
and
subsequently
require
corrections.

(
See
40
CFR
63.91(
g)
and
65
FR
55810,
55823,
September
14,
2000.)

Furthermore,
we
retain
any
authority
in
an
individual
emission
standard
that
may
not
be
delegated
according
to
provisions
of
the
standard.
Also,
listed
in
the
footnotes
of
the
part
63
delegation
table
at
the
end
of
this
rule
are
the
authorities
that
cannot
be
delegated
to
any
State
or
local
agency
which
we
therefore
retain.

X.
What
Information
Must
TCEQ
Provide
To
EPA?

In
delegating
the
authority
to
implement
and
enforce
these
rules
and
in
granting
a
waiver
of
EPA
notification
requirements,
we
require
TCEQ
to
input
all
source
information
into
the
Aerometric
Information
Retrieval
System
(
AIRS)
for
both
point
and
area
sources.
TCEQ
must
enter
this
information
into
the
AIRS
system
and
update
the
information
by
September
30
of
15
every
year.
TCEQ
must
provide
any
additional
compliance
related
information
to
EPA,
Region
6,
Office
of
Enforcement
and
Compliance
Assurance
within
45
days
of
a
request
under
40
CFR
63.96(
a).

In
receiving
delegation
for
specific
General
Provisions
authorities,
TCEQ
must
submit
to
EPA
Region
6
on
a
semi­
annual
basis,
copies
of
determinations
issued
under
these
authorities.

For
part
63
standards,
these
determinations
include:
applicability
determinations
(
§
63.1);

approval/
disapprovals
of
construction
and
reconstruction
(
§
63.5(
e)
and
(
f));
notifications
regarding
the
use
of
a
continuous
opacity
monitoring
system
(
§
63.6(
h)(
7)(
ii));
finding
of
compliance
(
§
63.6(
h)(
8));
approval/
disapprovals
of
compliance
extensions
(
§
63.6(
i));

approvals/
disapprovals
of
minor
(
§
63.7(
e)(
2)(
i))
or
intermediate
(
§
63.7(
e)(
2)(
ii)
and
(
f))

alternative
test
methods;
approval
of
shorter
sampling
times
and
volumes
(
§
63.7(
e)(
2)(
iii));

waiver
of
performance
testing
(
§
63.7(
e)(
2)(
iv)
and
(
h)(
2),
(
3));
approvals/
disapprovals
of
minor
or
intermediate
alternative
monitoring
methods
(
§
63.8(
f));
approval
of
adjustments
to
time
periods
for
submitting
reports
(
§
63.9
and
63.10);
and
approvals/
disapprovals
of
minor
alternatives
to
recordkeeping
and
reporting
(
§
63.10(
f)).

Additionally,
EPA's
Emissions,
Monitoring,
and
Analysis
Division
must
receive
copies
of
any
approved
intermediate
changes
to
test
methods
or
monitoring.
(
Please
note
that
intermediate
changes
to
test
methods
must
be
demonstrated
as
equivalent
through
the
procedures
set
out
in
EPA
method
301.)
This
information
on
approved
intermediate
changes
to
test
methods
and
monitoring
will
be
used
to
compile
a
database
of
decisions
that
will
be
accessible
to
State
and
local
agencies
and
EPA
Regions
for
reference
in
making
future
decisions.
(
For
definitions
16
of
major,
intermediate
and
minor
alternative
test
methods
or
monitoring
methods,
see
40
CFR
63.90).
The
TCEQ
should
forward
these
intermediate
test
methods
or
monitoring
changes
via
mail
or
facsimile
to:
Chief,
Air
Measurements
and
Quality
Group,
Emissions
Monitoring
and
Analysis
Division,
Office
of
Air
Quality
Planning
and
Standards,
Mailcode
D205­
02,
Research
Triangle
Park,
NC
27711,
Facsimile
telephone
number:
(
919)
541­
0516.

XI.
What
Is
EPA's
Oversight
Of
This
Delegation
To
TCEQ?

EPA
must
oversee
TCEQ's
decisions
to
ensure
the
delegated
authorities
are
being
adequately
implemented
and
enforced.
We
will
integrate
oversight
of
the
delegated
authorities
into
the
existing
mechanisms
and
resources
for
oversight
currently
in
place.
If,
during
oversight,

we
determine
that
TCEQ
made
decisions
that
decreased
the
stringency
of
the
delegated
standards,
then
TCEQ
shall
be
required
to
take
corrective
actions
and
the
source(
s)
affected
by
the
decisions
will
be
notified,
as
required
by
40
CFR
63.91(
g)(
1)(
ii).
We
will
initiate
withdrawal
of
the
program
or
rule
if
the
corrective
actions
taken
are
insufficient.

XII.
Should
Sources
Submit
Notices
To
EPA
Or
TCEQ?

For
the
NESHAPS
being
delegated
and
included
in
the
table
above,
all
of
the
information
required
pursuant
to
the
general
provisions
and
the
relevant
subpart
of
the
Federal
NESHAP
(
40
CFR
part
63)
should
be
submitted
by
sources
located
outside
of
Indian
country,
directly
to
the
TCEQ
at
the
following
address:
Texas
Commission
on
Environmental
Quality,
Office
of
Permitting,
Remediation
and
Registration,
Air
Permits
Division
(
MC
163),
P.
O.
Box
13087,
17
Austin,
Texas
78711­
3087.
The
TCEQ
is
the
primary
point
of
contact
with
respect
to
delegated
NESHAPs.
Sources
do
not
need
to
send
a
copy
to
EPA.
EPA
Region
6
waives
the
requirement
that
notifications
and
reports
for
delegated
standards
be
submitted
to
EPA
in
addition
to
TCEQ
in
accordance
with
40
CFR
63.9(
a)(
4)(
ii)
and
63.10(
a)(
4)(
ii).
For
those
standards
that
are
not
delegated,
sources
must
continue
to
submit
all
appropriate
information
to
EPA.

XIII.
How
Will
Unchanged
Authorities
Be
Delegated
To
TCEQ
In
The
Future?

In
the
future,
TCEQ
will
only
need
to
send
a
letter
of
request
to
EPA,
Region
6,
for
NESHAP
regulations
that
TCEQ
has
adopted
by
reference.
The
letter
must
reference
the
previous
up­
front
approval
demonstration
and
reaffirm
that
it
still
meets
the
up­
front
approval
criteria.
We
will
respond
in
writing
to
the
request
stating
that
the
request
for
delegation
is
either
granted
or
denied.
A
Federal
Register
action
will
be
published
to
inform
the
public
and
affected
sources
of
the
delegation,
indicate
where
source
notifications
and
reports
should
be
sent,
and
to
amend
the
relevant
portions
of
the
Code
of
Federal
Regulations
showing
which
NESHAP
standards
have
been
delegated
to
TCEQ.

XIV.
Final
Action
The
public
was
provided
the
opportunity
to
comment
on
the
proposed
approval
of
the
program
and
mechanism
for
delegation
of
section
112
standards,
as
they
apply
to
part
70
sources,
on
June
7,
1995,
for
the
proposed
interim
approval
of
TCEQ's
Title
V
operating
permits
program;
and
on
October
11,
2001,
for
the
proposed
final
approval
of
TCEQ's
Title
V
operating
18
permits
program.
In
EPA's
final
full
approval
of
Texas'
Operating
Permits
Program
on
December
6,
2001,
(
66
FR
63318),
the
EPA
discussed
the
public
comments
on
the
proposed
final
delegation
of
the
Title
V
operating
permits
program.
In
today's
action,
the
public
is
given
the
opportunity
to
comment
on
the
approval
of
TCEQ's
request
for
delegation
of
authority
to
implement
and
enforce
certain
section
112
standards
for
all
sources
(
both
part
70
and
non­
part
70
sources)
which
have
been
adopted
by
reference
into
Texas'
state
regulations.
However,
the
Agency
views
the
approval
of
these
requests
as
a
noncontroversial
action
and
anticipates
no
adverse
comments.
Therefore,
EPA
is
publishing
this
rule
without
prior
proposal.
However,
in
the
"
Proposed
Rules"
section
of
today's
Federal
Register
publication,
EPA
is
publishing
a
separate
document
that
will
serve
as
the
proposal
to
approve
the
program
and
delegation
of
authority
described
in
this
action
if
adverse
comments
are
received.
This
action
will
be
effective
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice
unless
the
Agency
receives
relevant
adverse
comments
by
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].

If
EPA
receives
relevant
adverse
comments,
we
will
publish
a
timely
withdrawal
in
the
Federal
Register
informing
the
public
the
rule
will
not
take
effect.
We
will
address
all
public
comments
in
a
subsequent
final
rule
based
on
the
proposed
rule.
The
EPA
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
a
relevant
adverse
comment.
19
XVI.
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
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
20
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.
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.
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
21
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).)

List
of
Subjects
in
40
CFR
Part
63
Environmental
protection,
Air
pollution
control,
Hazardous
substances,
Intergovernmental
relations,
Reporting
and
recordkeeping
requirements.

Authority:
This
action
is
issued
under
the
authority
of
section
112
of
the
Clean
Air
Act,
as
amended,
42
U.
S.
C.
7412.

Dated:
April
24,
2006
.

Richard
E.
Greene,
Regional
Administrator,
Region
6.
22
40
CFR
part
63
is
amended
as
follows:

PART
63
 
[
AMENDED]

1.
The
authority
citation
for
part
63
continues
to
read
as
follows:

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

Subpart
E
 
Approval
of
State
Programs
and
Delegation
of
Federal
Authorities
2.
Section
63.99
is
amended
by
revising
paragraph
(
a)(
43)(
i)
to
read
as
follows:

§
63.99
Delegated
Federal
authorities
(
a)
***

(
43)
***

(
i)
The
following
table
lists
the
specific
part
63
standards
that
have
been
delegated
unchanged
to
the
Texas
Commission
on
Environmental
Quality
for
all
sources.
The
"
X"
symbol
is
used
to
indicate
each
subpart
that
has
been
delegated.
The
delegations
are
subject
to
all
of
the
conditions
and
limitations
set
forth
in
Federal
law,
regulations,
policy,
guidance,
and
determinations.
Some
authorities
cannot
be
delegated
and
are
retained
by
EPA.
These
include
certain
General
Provisions
authorities
and
specific
parts
of
some
standards.
Any
amendments
made
to
these
rules
after
the
effective
date
are
not
delegated.

DELEGATION
STATUS
FOR
PART
63
STANDARDS
­
STATE
OF
TEXAS1
SUBPART
SOURCE
CATEGORY
TCEQ2
F
Hazardous
Organic
NESHAP
(
HON)
­
Synthetic
Organic
Chemical
Manufacturing
Industry
(
SOCMI)
X
G
HON
­
SOCMI
Process
Vents,
Storage
Vessels,
Transfer
Operations
and
Wastewater
X
23
H
HON
­
Equipment
Leaks
X
I
HON
­
Certain
Processes
Negotiated
Equipment
Leak
Regulation
X
J
Polyvinyl
Chloride
and
Copolymers
Production
X3
K
(
Reserved)

L
Coke
Oven
Batteries
X
M
Perchloroethylene
Dry
Cleaning
X
N
Chromium
Electroplating
and
Chromium
Anodizing
Tanks
X
O
Ethylene
Oxide
Sterilizers
X
P
(
Reserved)

Q
Industrial
Process
Cooling
Towers
X
R
Gasoline
Distribution
X
S
Pulp
and
Paper
Industry
X
T
Halogenated
Solvent
Cleaning
X
U
Group
I
Polymers
and
Resins
X
V
(
Reserved)

W
Epoxy
Resins
Production
and
Non­
Nylon
Polyamides
Production
X
X
Secondary
Lead
Smelting
X
Y
Marine
Tank
Vessel
Loading
X
Z
(
Reserved)

AA
Phosphoric
Acid
Manufacturing
Plants
X
BB
Phosphate
Fertilizers
Production
Plants
X
CC
Petroleum
Refineries
X
DD
Off­
Site
Waste
and
Recovery
Operations
X
EE
Magnetic
Tape
Manufacturing
X
FF
(
Reserved)

GG
Aerospace
Manufacturing
and
Rework
Facilities
X
HH
Oil
and
Natural
Gas
Production
Facilities
X
II
Shipbuilding
and
Ship
Repair
Facilities
X
24
JJ
Wood
Furniture
Manufacturing
Operations
X
KK
Printing
and
Publishing
Industry
X
LL
Primary
Aluminum
Reduction
Plants
X
MM
Chemical
Recovery
Combustion
Sources
at
Kraft,
Soda,
Sulfide,
and
Stand­
Alone
Semichemical
Pulp
Mills
X
NN
(
Reserved)

OO
Tanks
­
Level
1
X
PP
Containers
X
QQ
Surface
Impoundments
X
RR
Individual
Drain
Systems
X
SS
Closed
Vent
Systems,
Control
Devices,
Recovery
Devices
and
Routing
to
a
Fuel
Gas
System
or
a
Process
X
TT
Equipment
Leaks
­
Control
Level
1
X
UU
Equipment
Leaks
­
Control
Level
2
Standards
X
VV
Oil­
Water
Separators
and
Organic­
Water
Separators
X
WW
Storage
Vessels
(
Tanks)
­
Control
Level
2
X
XX
(
Reserved)

YY
Generic
Maximum
Achievable
Control
Technology
Standards
X
ZZ­
BBB
(
Reserved)

CCC
Steel
Pickling
­
HCl
Process
Facilities
and
Hydrochloric
Acid
Regeneration
X
DDD
Mineral
Wool
Production
X
EEE
Hazardous
Waste
Combustors
X
FFF
(
Reserved)

GGG
Pharmaceuticals
Production
X
HHH
Natural
Gas
Transmission
and
Storage
Facilities
X
III
Flexible
Polyurethane
Foam
Production
X
JJJ
Group
IV
Polymers
and
Resins
X
KKK
(
Reserved)
25
LLL
Portland
Cement
Manufacturing
X
MMM
Pesticide
Active
Ingredient
Production
X
NNN
Wool
Fiberglass
Manufacturing
X
OOO
Amino/
Phenolic
Resins
X
PPP
Polyether
Polyols
Production
X
QQQ
Primary
Copper
Smelting
X
RRR
Secondary
Aluminum
Production
X
SSS
(
Reserved)

TTT
Primary
Lead
Smelting
X
UUU
Petroleum
Refineries
 
Catalytic
Cracking
Units,
Catalytic
Reforming
Units
and
Sulfur
Recovery
Plants
X
VVV
Publicly
Owned
Treatment
Works
(
POTW)
X
WWW
(
Reserved)

XXX
Ferroalloys
Production:
Ferromanganese
and
Silicomanganese
X
AAAA
Municipal
Solid
Waste
Landfills
X
CCCC
Nutritional
Yeast
Manufacturing
X
DDDD
Plywood
and
Composite
Wood
Products
EEEE
Organic
Liquids
Distribution
X
FFFF
Miscellaneous
Organic
Chemical
Manufacturing
(
MON)
X
GGGG
Solvent
Extraction
for
Vegetable
Oil
Production
X
HHHH
Wet
Formed
Fiberglass
Mat
Production
X
IIII
Auto
&
Light
Duty
Truck
X
JJJJ
Paper
and
other
Web
(
Surface
Coating)
X
KKKK
Surface
Coating
of
Metal
Cans
X
MMMM
Miscellaneous
Metal
Parts
and
Products
Surface
Coating
X
NNNN
Surface
Coating
of
Large
Appliances
X
OOOO
Fabric
Printing
Coating
and
Dyeing
X
PPPP
Surface
Coating
of
Plastic
Parts
and
Products
X
26
QQQQ
Surface
Coating
of
Wood
Building
Products
X
RRRR
Surface
Coating
of
Metal
Furniture
X
SSSS
Surface
Coating
for
Metal
Coil
X
TTTT
Leather
Finishing
Operations
X
UUUU
Cellulose
Production
Manufacture
X
VVVV
Boat
Manufacturing
X
WWWW
Reinforced
Plastic
Composites
Production
X
XXXX
Tire
Manufacturing
X
YYYY
Stationary
Combustion
Turbines
X
ZZZZ
Reciprocating
Internal
Combustion
Engines
X
AAAAA
Lime
Manufacturing
X
BBBBB
Semiconductor
Manufacturing
X
CCCCC
Coke
Ovens:
Pushing,
Quenching
and
Battery
Stacks
X
DDDDD
Industrial,
Commercial,
and
Institutional
Boilers
and
Process
Heaters
EEEEE
Iron
and
Steel
Foundries
X
FFFFF
Integrated
Iron
and
Steel
X
GGGGG
Site
Remediation
X
HHHHH
Miscellaneous
Coating
Manufacturing
X
IIIII
Mercury
Cell
Chlor­
Alkali
Plants
X
JJJJJ
Brick
and
Structural
Clay
Products
Manufacturing
X
KKKKK
Clay
Ceramics
Manufacturing
X
LLLLL
Asphalt
Roofing
and
Processing
X
MMMMM
Flexible
Polyurethane
Foam
Fabrication
Operation
X
NNNNN
Hydrochloric
Acid
Production,
Fumed
Silica
Production
X
PPPPP
Engine
Test
Facilities
X
QQQQQ
Friction
Materials
Manufacturing
X
RRRRR
Taconite
Iron
Ore
Processing
X
27
SSSSS
Refractory
Products
Manufacture
X
TTTTT
Primary
Magnesium
Refining
X
1
Program
delegated
to
Texas
Commission
on
Environmental
Quality
(
TCEQ).

2
Authorities
which
may
not
be
delegated
include:
§
63.6(
g),
Approval
of
Alternative
Non­
Opacity
Emission
Standards;
§
63.6(
h)(
9),
Approval
of
Alternative
Opacity
Standards;
§
63.7(
e)(
2)(
ii)
and
(
f),
Approval
of
Major
Alternatives
to
Test
Methods;
§
63.8(
f),
Approval
of
Major
Alternatives
to
Monitoring;
§
63.10(
f),
Approval
of
Major
Alternatives
to
Recordkeeping
and
Reporting;
and
all
authorities
identified
in
the
subparts
(
e.
g.,
under
"
Delegation
of
Authority")
that
cannot
be
delegated.

3
The
TCEQ
was
previously
delegated
this
subpart
on
May
17,
2005
(
70
FR
13018).
The
subpart
was
vacated
and
remanded
to
EPA
by
the
United
States
Court
of
Appeals
for
the
District
of
Columbia
Circuit.
See,
Mossville
Environmental
Action
Network
v.
EPA,
370
F.
3d
1232
(
D.
C.
Cir.
2004).
Because
of
the
D.
C.
Court's
holding
this
subpart
is
not
delegated
to
TCEQ
at
this
time.
