
[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Proposed Rules]
[Pages 2846-2850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00866]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0804; FRL-9921-84-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Texas State Implementation Plan (SIP) for the 
Houston/Galveston/Brazoria (HGB), and Dallas Fort Worth (DFW) 1997 8-
Hour ozone nonattainment areas. The HGB area consists of Brazoria, 
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller 
counties. The DFW area consists of Collin, Dallas, Denton, Ellis, 
Johnson, Kaufman, Parker, Rockwall, and Tarrant counties. Specifically, 
we are proposing to approve portions of multiple revisions to the Texas 
SIP submitted by the Texas Commission on Environmental Quality (TCEQ) 
as meeting Reasonably Available Control Technology (RACT) requirements. 
The RACT requirements apply to sources of Volatile Organic Compounds 
(VOC) and Oxides of Nitrogen (NOX) in these areas. This 
action is in accordance with the federal Clean Air Act (the Act, CAA).

DATES: Comments must be received on or before February 20, 2015.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2013-0804, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: Alan Shar at shar.alan@epa.gov.
     Mail or delivery: Air Planning Section Chief (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2013-0804. The 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 the 
disclosure of which is restricted by statute. Do not submit information 
through www.regulations.gov or email that you consider to be CBI or 
otherwise protected from disclosure. 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 and any form of encryption, and be free 
of any defects or viruses. For additional information about EPA's 
public docket, visit the EPA

[[Page 2847]]

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI). To inspect the hard copy materials, please schedule an 
appointment with the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD-L), telephone (214) 
665-6691, email shar.alan@epa.gov.

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

Outline

I. Background
    A. What actions are we proposing?
    B. What is RACT?
II. Evaluation
    A. What is TCEQ's approach and analysis to RACT?
    B. What Control Techniques Guidelines (CTG) source categories 
are we addressing in this action?
    C. Are there negative declarations for sources of emissions 
within these nonattainment areas?
    D. Is Texas' approach to RACT determination for VOC sources 
based on their submittals acceptable?
    E. Is Texas' approach to RACT determination for NOX 
sources based on their submittals acceptable?
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. What actions are we proposing?

    We are proposing to approve multiple revisions, in whole or in 
part, to the Texas SIP submitted to EPA as follows: The RACT-related 
rule revisions dated December 6, 2013, January 17, 2012, and June 13, 
2007, as well as the RACT analysis portions of attainment demonstration 
plans of January 17, 2012, April 6, 2010, and June 13, 2007 for the DFW 
and HGB areas.
    The December 6, 2013 submittal concerns rule revisions to 30 TAC, 
Chapter 115 Control of Air Pollution from Volatile Organic Compounds 
for solvent using processes and surface coating application systems. We 
are proposing to approve all of this submittal.
    The January 17, 2012 submittal concerns rule revisions to 30 TAC, 
Chapter 115 Control of Air Pollution from Volatile Organic Compounds 
intended to implement RACT for both HGB and DFW areas. The submittal 
will limit VOC content of coatings and solvents used in Flexible 
Package Printing, Industrial Cleaning Solvents, Large Appliance 
Coatings, Metal Furniture Coatings, Paper, Film, and Foil Coatings, 
Miscellaneous Industrial Adhesives, Automobile and Light-Duty Truck 
Assembly Coatings, and Miscellaneous Metal and Plastic Parts Coatings 
operations. We are proposing to approve all of this submittal.
    Another submittal also dated January 17, 2012 contains a 
corresponding analysis to demonstrate RACT is in place for multiple 
source categories in the HGB area. We are proposing to approve that 
RACT is in place for the source categories listed in the paragraph 
above, and we are proposing to approve the Flexographic and Rotogravure 
Printing sector for the HGB area of the RACT-related rule revisions 
which had not been previously approved.
    A third SIP submittal dated January 17, 2012 contains RACT analysis 
for the DFW area. As a result of this submittal, and consistent with 
section 182(c) of the Act, the VOC or NOX major source 
threshold in the DFW area is lowered to 50 Tons Per Year (TPY) from 100 
TPY for RACT purposes under the 1997 8-Hour ozone standard. See EPA-
R06-OAR-2012-0098 (TCEQ Rule Project No. 2010-022-SIP-NR) at 
www.regulations.gov. We are proposing to approve the RACT analysis 
portion of this submittal.
    The April 6, 2010 attainment demonstration submittal, among other 
things, concerns revisions to 30 TAC, Chapter 115 Control of Air 
Pollution from Volatile Organic Compounds for control of ozone 
pollution in the HGB area. Appendix D of this attainment demonstration 
plan is titled ``Reasonably Available Control Technology Analysis,'' 
and includes source categories affected by the newly EPA-issued Control 
Techniques Guidelines (CTGs), and NOX emissions sources. We 
are proposing to approve the RACT analysis portion of this submittal.
    The June 13, 2007 attainment demonstration submittal concerns 
revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile 
Organic Compounds. The June 13, 2007 submittal included an analysis 
intended to demonstrate RACT was being implemented in the HGB area as 
required by the CAA (Appendix B of the submittal). We are proposing to 
approve the RACT analysis portion of this submittal.
    We are proposing to approve the above-mentioned revisions, as well 
as confirm the RACT finding for revisions previously approved for 
Texas, into the Texas SIP.
    In consideration of the above proposed actions and RACT rule 
revisions previously approved for Texas, taken together, we are 
proposing to approve Texas' RACT analysis as meeting the RACT 
requirements for all affected VOC and NOX sources for the 
DFW and HGB areas for the 1997 8-Hour ozone standard.

B. What is RACT?

    The EPA has defined RACT as the lowest emissions limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available, considering technological and 
economic feasibility. See September 17, 1979 (44 FR 53761). Section 
172(c)(1) of the Act requires that SIPs for nonattainment areas 
``provide for the implementation of all reasonably available control 
measures as expeditiously as practicable (including such reductions in 
emissions from existing sources in the area as may be obtained through 
the adoption, at a minimum, of reasonably available control technology) 
and shall provide for attainment of the primary National Ambient Air 
Quality (NAAQS) standards.''
    Section 182(b)(2) of the Act requires states to submit a SIP 
revision and implement RACT for moderate and above ozone nonattainment 
areas. For a Moderate, Serious, or Severe area a major stationary 
source is one which emits, or has the potential to emit, 100, 50, or 25 
tons per year (tpy) or more of VOCs or NOX, respectively. 
See CAA sections 182(b), 182(c), and 182(d). The EPA provides states 
with guidance concerning what types of controls could constitute RACT 
for a given source category through the issuance of CTG and Alternative 
Control Techniques (ACT) documents. See http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html (URL dating May 13, 2014) for a 
listing of EPA-issued CTGs and ACTs.
    The HGB area was designated as Severe for the 1997 8-Hour ozone 
NAAQS. See October 1, 2008 (73 FR 56983). Thus, per section 182(d) of 
the CAA, a major stationary source in the HGB area is one which emits, 
or has the potential to emit, 25 tpy or more of VOCs or NOX. 
Under section 182(b), the SIP for the HGB area must implement RACT for 
source categories covered by CTGs, and for major sources with a 
potential to emit of 25 tpy or more not covered by a CTG. See the two 
January 17, 2012 submittals, and the December 6, 2013 submittal.

[[Page 2848]]

    Effective June 15, 2004, Collin, Dallas, Denton, Tarrant, Ellis, 
Johnson, Kaufman, Parker, and Rockwall counties were designated 
nonattainment for the 1997 8-Hour ozone standard. The area was 
classified as Moderate nonattainment for the standard, with an 
attainment deadline of June 15, 2010. See January 14, 2009 (74 FR 
1903). The area was reclassified to Serious on December 20, 2010 (75 FR 
79302) because it failed to attain the standard by its attainment 
deadline of June 15, 2010. Thus, per section 182(c) of the CAA, a major 
stationary source in the DFW area is one which emits, or has the 
potential to emit, 50 tpy or more of VOCs or NOX.
    Under section 183(b), EPA is required to periodically review and, 
as necessary, update CTGs. The EPA issued a number of new CTGs in 2006, 
2007, and 2008. See section II(B) of this document. Accordingly, Texas 
revised its Chapter 115 regulations to address these VOC RACT control 
measures. See the December 6, 2013, and January 17, 2012 submittals. 
Also, see Appendix A of the Technical Support Document (TSD) prepared 
in conjunction with this rulemaking action for more information.

II. Evaluation

A. What is TCEQ's approach and analysis to RACT?

    Texas revised its rules because under sections 182(b)(2)(A) and (B) 
states must insure RACT is in place for each source category for which 
EPA issued a CTG, and for any major source not covered by a CTG. As a 
part of its January 17, 2012 submittals TCEQ conducted RACT analyses to 
demonstrate that the RACT requirements for CTG sources in the HGB and 
DFW 1997 8-Hour ozone nonattainment areas have been fulfilled; the TCEQ 
revised and supplemented these analyses for the HGB and DFW areas in 
its December 6, 2013 submittal. The TCEQ conducted its RACT analysis 
for VOC and NOX by: 1) Identifying all categories of CTG and 
major non-CTG sources of VOC emissions within the HGB and DFW areas; 2) 
Listing the state regulation that implements or exceeds RACT 
requirements for that CTG or non-CTG category; 3) Detailing the basis 
for concluding that these regulations fulfill RACT through comparison 
with established RACT requirements described in the CTG guidance 
documents and rules developed by other state and local agencies; and 4) 
Submitting negative declarations when there are no CTG or major Non-CTG 
sources of VOC emissions within the HGB or DFW areas. Accordingly, we 
are proposing that TCEQ's submittals for all affected VOC sources in 
the HGB and DFW areas provide for the implementation of RACT.
    On October 5, 2005 (70 FR 58136), and September 6, 2006 (71 FR 
52676) we approved RACT for all affected VOC and NOX sources 
for the HGB area for the 1-Hour ozone NAAQS.

B. What Control Techniques Guidelines (CTG) source categories are we 
addressing in this action?

    In prior actions for both the HGB and DFW areas for the 1997 8-Hour 
ozone NAAQS, we approved several SIP revisions as meeting RACT.
    Under the 1997 8-hour ozone NAAQS, for the HGB area, we approved 
SIP revisions as meeting RACT for all CTG source categories, and major 
Non-CTG VOC sources, except for the 2006-2008 EPA-issued CTG series, in 
the HGB area (designated as Severe) on April 2, 2013 (78 FR 19599), and 
April 15, 2014 (79 FR 21144). Furthermore, we approved revisions to 30 
TAC Chapter 117 as meeting RACT for emissions sources of NOX 
in the HGB area (designated as Severe). See April 2, 2013 (78 FR 
19599).
    As a part of DFW ozone attainment demonstration plan we approved 
VOC RACT for the DFW designated as Moderate area. See January 14, 2009 
(74 FR 1903).
    In this action, we are addressing additional source categories 
affected by the newly EPA-issued CTGs for HGB (designated as Severe) 
and DFW (designated as Serious) areas for the 1997 8-Hour ozone NAAQS, 
as well as proposing to approve Texas' updated RACT analysis for the 
remaining source categories in the DFW area.
    Table 1 below contains a list of CTG source categories, EPA 
reference documents, and the corresponding sections of 30 TAC Chapter 
115 that fulfill the applicable RACT requirements for these newly EPA-
issued CTGs.

Table 1--CTG Source Categories Issued by EPA in 2006-2008, EPA Reference
  Documents, and Corresponding Section of 30 TAC Chapter 115 Fulfilling
                                  RACT
------------------------------------------------------------------------
                                                         30 TAC Chapter
         CTG Category                EPA Reference       115 fulfilling
                                       documents              RACT
------------------------------------------------------------------------
Flat Wood Paneling Coatings...  Control Techniques      Negative
                                 Guidelines for Flat     Declarations in
                                 Wood Paneling           DFW and HGB.
                                 Coatings, (EPA-453/R-
                                 06-004-2006/09).
Flexible Packaging Printing     Control Techniques      Sections 115.430-
 Materials.                      Guidelines for          115.439.
                                 Flexible Package
                                 Printing, (EPA-453/R-
                                 06-003-2006/09).
Industrial Cleaning Solvents..  Control Techniques      Sections 115.460-
                                 Guidelines for          115.469.
                                 Industrial Cleaning
                                 Solvents, (EPA-453/R-
                                 06-001-2006/09).
Offset Lithographic and         Control Techniques      Sections 115.440-
 Letterpress Printing.           Guidelines for Offset   115.449 for
                                 Lithographic Printing   Offset
                                 and Letterpress         Lithographic
                                 Printing, (EPA-453/R-   Printing;
                                 06-002-2006/09).        Negative
                                                         Declarations
                                                         for Letterpress
                                                         Printing in HGB
                                                         and DFW.
Large Appliance Coatings......  Control Techniques      Sections 115.450-
                                 Guidelines for Large    115.459.
                                 Appliance Coatings,
                                 (EPA 453/R-07-004-
                                 2007/09).
Metal Furniture Coatings......  Control Techniques      Sections 115.450-
                                 Guidelines for Metal    115.459.
                                 Furniture Coatings,
                                 (EPA 453/R-07-005-
                                 2007/09).
Paper, Film, and Foil Coatings  Control Techniques      Sections 115.420-
                                 Guidelines for Paper,   115.429; and
                                 Film, and Foil          115.450-115.459
                                 Coatings, (EPA 453/R-   .
                                 07-003-2007/09).
Auto and Light-Duty Truck       Control Techniques      Negative
 Assembly Coatings.              Guidelines for          Declaration in
                                 Automobile and Light-   HGB; Sections
                                 Duty Truck Assembly     115.450-115.459
                                 Coatings, (EPA 453/R-   in DFW.
                                 08-006-2008/09).
Fiberglass Boat Manufacturing   Control Techniques      Negative
 Materials.                      Guidelines for          Declarations in
                                 Fiberglass Boat         DFW and HGB.
                                 Manufacturing
                                 Materials, (EPA 453/R-
                                 08-004-2008/09).
Miscellaneous Industrial        Group IV Issued by EPA  Sections 115.470-
 Adhesives.                      in 2008, Control        115.479.
                                 Techniques Guidelines
                                 for Miscellaneous
                                 Industrial Adhesives,
                                 (EPA 453/R-08-005-
                                 2008/09).

[[Page 2849]]

 
Miscellaneous Metal and         Control Techniques      Sections 115.450-
 Plastic Parts Coatings.         Guidelines for          115.459.
                                 Miscellaneous Metal
                                 and Plastic Parts
                                 Coatings, (EPA 453/R-
                                 08-003-2008/09).
------------------------------------------------------------------------

    The Flexographic and Rotogravure Printing sector was not 
specifically identified in the April 15, 2014 (79 FR 21144) rulemaking 
action for the HGB area. The 30 TAC Chapter 115 sections 430 through 
439 fulfill the VOC control requirements for this particular sector. 
For a section-by-section evaluation of this sector see part 1 of the 
TSD. We are proposing to approve the VOC RACT for the Flexographic and 
Rotogravure Printing operations in the HGB area.
    On August 4, 2014 (79 FR 45105) we approved RACT for the Offset 
Lithographic Printing Operations in the DFW (Serious) and HGB (Severe) 
areas. Also, see docket No. EPA-R06-OAR-2010-0332 at 
www.regulations.gov.
    On September 9, 2014 (79 FR 53299) we approved revisions to 30 TAC 
Chapter 115 for control of VOC emissions for storage tanks in the DFW 
and HGB areas. In that rulemaking action, we also found that VOC 
control requirements for the VOC storage tanks source category in the 
DFW (Serious) and HGB (Severe) areas represent RACT. See docket No. 
EPA-R06-OAR-2012-0096 at www.regulations.gov.

C. Are there negative declarations for sources of emissions within 
these nonattainment areas?

    Yes, there are negative declarations associated with the VOC source 
categories in the DFW and HGB areas.
    For the DFW area, Texas has declared that there are no fiberglass 
boat manufacturing materials, ship building and ship repair coating, 
leather tanning and finishing, surface coating for flat wood paneling, 
vegetable oil manufacturing, plywood veneer dryers, rubber tire 
manufacturing, and batch processes operations. We are proposing to 
approve the VOC RACT negative declaration for these operations in the 
DFW area. As such, TCEQ does not have to adopt VOC regulations relevant 
to these source categories at this time for the DFW area. However, if a 
major source of these categories locates in the DFW area in future, 
then TCEQ will need to take appropriate regulatory measures.
    For the HGB area, on April 15, 2014 (79 FR 21144), we approved the 
VOC RACT negative declarations for fiberglass boat manufacturing 
materials, leather tanning and finishing, surface coating for flat wood 
paneling, letterpress printing, automobile and light-duty truck 
assembly coating, rubber tire manufacturing, and vegetable oil 
manufacturing operations. Also, see 40 CFR 52.2270(e).

D. Is Texas' approach to RACT determination for VOC sources based on 
their submittals acceptable?

    Yes, Texas' approach to RACT determination for VOC sources based on 
their submittals is acceptable. In the TSD developed for this 
rulemaking action, we evaluated the corresponding sections of 30 TAC 
Chapter 115 for the source categories identified in Table 1 above in 
the HGB and DFW areas, and have reviewed these sections against our 
identified reference documents. In their submittals to EPA, TCEQ states 
that it has reviewed the HGB and DFW VOC rules and certifies that they 
satisfy RACT requirements for the 1997 8-Hour ozone standard by the 
application of control technology that is reasonably available 
considering technological and economic feasibility. With their 
submittals TCEQ revised sections 115.422, 115.427, 115.429, 115.430, 
115.432, 115.433, 115.435, 115.436, and 115.439; repealed section 
115.437; and adopted new sections 115.431, 115.450, 115.451, 115.453-
115.455, 115.458-115.461, 115.463-115.465, 115.468-115.471, 115.473-
115.475, 115.478, and 115.479. For a section-by-section review of the 
RACT-related provisions see parts 1 and 3 of the TSD.
    Under the RACT requirements for the 8-hour ozone NAAQS States must 
assure that RACT is met, either through a certification that previously 
required RACT controls represent RACT for 8-hour implementation 
purposes, or through a new RACT determination. States may use existing 
EPA guidance in making RACT determinations. See 70 FR 71617 (November 
29, 2005). Texas submitted a RACT assessment with its SIP revisions, 
and evaluated its existing RACT regulations to ascertain whether these 
regulations constitute RACT for the new 8-hour ozone NAAQS. Texas' 8-
Hour ozone RACT SIP submittals are based on the determination that RACT 
has been met either through a certification that previously required 
RACT controls for the 1-hour ozone standard represent RACT for 8-hour 
ozone implementation purposes or, where necessary, through a new RACT 
evaluation for certain regulations or sources. Therefore, we are 
proposing a determination that Texas rules meet the CAA's RACT 
requirements for the 1997 8-Hour ozone NAAQS for both the HGB and DFW 
areas. This determination is based on the November 29, 2005 (70 FR 
71612) rulemaking, regarding permissible approaches for determining 
whether a State's level of control meets RACT, in which EPA provided 
guidance that a State's certification of its rules is sufficient or 
acceptable for a finding that the rules satisfy the RACT requirements 
for the 8-hour implementation purposes; the framework described in our 
TSD; and section B (Certifications) of EPA's May 18, 2006 RACT Q and A 
document that provides additional clarifications for the RACT SIPs. See 
pages 4-5 of the May 18, 2006 guidance document. Consequently, by 
implementing these control requirements (Chapter 115) Texas is 
satisfying the RACT requirements for all affected VOC sources, 
including the CTG source categories identified in Tables 1 of this 
document, in the HGB and DFW areas under the 1997 8-Hour ozone 
standard.

E. Is Texas' approach to RACT determination for NOX sources based on 
their submittals acceptable?

    Yes, Texas' approach to RACT determination for NOX 
sources based on their submittals is acceptable. The purpose of 30 TAC 
Chapter 117 rules for the DFW area is to establish reasonable controls 
on the emissions of ozone precursors. Texas has one of the most 
stringent NOX control requirements designed for ozone 
attainment reasons in the country. Texas has reviewed its 
NOX rules and has certified that its rules satisfy RACT 
requirements. According to the framework, certification, and the 
approach described in section D above we are proposing to find that 
Texas has RACT-level controls in place for all affected NOX 
sources in the DFW area (Moderate and Serious) under the 1997 8-Hour 
ozone standard. See part 4 of the TSD for more information.
    We approved that Texas has RACT-level controls in place for all 
affected

[[Page 2850]]

NOX sources in the HGB area on April 2, 2013 (78 FR 19599). 
Also, see 40 CFR 52. 2270(e).
    Taken together, we are proposing to find Texas has RACT-level 
controls in place for all affected VOC and NOX sources in 
the HGB and DFW areas under the 1997 8-Hour ozone standard.

III. Proposed Action

    We are proposing to approve rule revisions to sections 30 TAC 
chapter 115.422, 115.427, 115.429, 115.430, 115.432, 115.433, 115.435, 
115.436, and 115.439 implementing controls on the source categories of 
Table 1 of this action.
    We are proposing to approve new sections 30 TAC chapter 115.431, 
115.450, 115.451, 115.453-115.455, 115.458-115.461, 115.463-115.465, 
115.468-115.471, 115.473-115.475, 115.478, and 115.479 implementing 
controls on the source categories of Table 1 of this action.
    We are proposing to approve repeal of section 30 TAC chapter 
115.437.
    We are proposing to find that for VOC CTG categories identified in 
Table 1 Texas has RACT-level controls in place for the HGB and DFW 
areas under the 1997 8-Hour ozone standard.
    We are proposing to find that Texas has RACT-level controls in 
place for the Flexographic and Rotogravure Printing operations for the 
HGB area.
    We are proposing to approve the negative declarations as explained 
in section II(C) of this action.
    We are proposing to approve NOX RACT for the DFW area 
under the 1997 8-Hour ozone standard.
    In consideration of the rule revisions proposed for approval in 
this action, as well as the rule revisions previously approved, taken 
together, we are proposing that with its rules in 30 TAC Chapters 115, 
and 117 Texas is implementing RACT for all affected VOC and 
NOX sources in the HGB and DFW areas under the 1997 8-Hour 
ozone standard.
    We are proposing to approve these revisions in accordance with 
sections 110, 182, and 183 of the federal CAA.
    The EPA had previously approved RACT for all affected 
NOX sources for the HGB area under the 1997 8-Hour ozone 
standard.
    The EPA had previously approved RACT for all affected VOC and 
NOX sources into Texas' SIP under the 1-Hour ozone standard.

IV. 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. If a portion of the plan revision meets 
all the applicable requirements of this chapter and Federal 
regulations, the Administrator may approve the plan revision in part. 
42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 
EPA's role is to approve state choices that meet the criteria of the 
Act, and to disapprove state choices that do not meet the criteria of 
the Act. Accordingly, this proposed action approves state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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); and
     is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

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

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: January 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-00866 Filed 1-20-15; 8:45 am]
BILLING CODE 6560-50-P


