[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70102-70108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27909]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R06-OAR-2008-0074; FRL-9919-74-Region 6]
National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; delegation of authority.
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SUMMARY: The Texas Commission on Environmental Quality (TCEQ) has
submitted updated regulations for receiving delegation of EPA authority
for implementation and enforcement of National Emission Standards for
Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and
non-part 70 sources). These regulations apply to certain NESHAPs
promulgated by the Environmental Protection Agency (EPA) at 40 CFR part
63, as amended between April 13, 2004 and April 24, 2013. 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 January 26, 2015 without further
notice, unless EPA receives relevant adverse comment by December 26,
2014. 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-2008-0074, by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. Rick Barrett at [email protected]. Please
also
[[Page 70103]]
send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Mail or delivery: Mr. Rick Barrett, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2008-
0074. 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://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information through
http://www.regulations.gov or email, if you believe that it is CBI or
otherwise protected from disclosure. The http://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 http://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 along with
any disk or CD-ROM submitted. 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 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. 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 or Mr. Bill Deese at (214) 665-7253.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6PD-R), Air Permits
Section, telephone (214) 665-7227; email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refers to EPA.
Table of Contents
I. What does this action do?
II. What is the authority for delegation?
III. What criteria must Texas' program meet to be approved?
IV. How did TCEQ meet the Subpart E approval criteria?
V. What is being delegated?
VI. What is not being delegated?
VII. How will applicability determinations under Section 112 be
made?
VIII. What authority does EPA have?
IX. What information must TCEQ provide to EPA?
X. What is EPA's oversight of this delegation to TCEQ?
XI. Should sources submit notices to EPA or TCEQ?
XII. How will unchanged authorities be delegated to TCEQ in the
future?
XIII. Final Action
XIV. Statutory and Executive Order Reviews
I. 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 V and VI, below, for a discussion of which standards are being
delegated and which are not being delegated.
II. 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.
III. 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) 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.
IV. 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 13108). 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.
V. What is being delegated?
By letter dated January 16, 2008, TCEQ requested EPA to update its
existing NESHAP delegation. The TCEQ requests delegation of certain
Part 63 NESHAPs for all sources (both part 70 and non-part 70 sources).
TCEQ's request included newly incorporated NESHAPs promulgated by EPA
and amendments to existing standards currently delegated, as amended
between April 13, 2004 and October 29, 2007. These NESHAP were adopted
by the TCEQ on December 5, 2007.
By letter dated August 28, 2013, EPA received a second request from
TCEQ to update its existing NESHAP delegation. The TCEQ requests
delegation of certain Part 63 NESHAPs for all sources (both part 70 and
non-part 70 sources). TCEQ's request included newly incorporated
NESHAPs promulgated by EPA and amendments to existing standards that
are currently delegated, as amended between October 30, 2007 and April
24, 2013. These NESHAP
[[Page 70104]]
were adopted by the TCEQ on July 26, 2013.
VI. 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: Sec. 63.6(g), Approval of Alternative Non-
Opacity Standards; Sec. 63.6(h)(9), Approval of Alternative Opacity
Standards; Sec. 63.7(e)(2)(ii) and (f), Approval of Major Alternatives
to Test Methods; Sec. 63.8(f), Approval of Major Alternatives to
Monitoring; and Sec. 63.10(f), Approval of Major Alternatives to
Recordkeeping and Reporting. In addition, some Part 63 standards have
certain provisions that cannot be delegated to the States. Therefore,
any Part 63 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 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.
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.
VII. 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 implementation, administration, or
enforcement of these sections have not been covered by EPA
determinations or guidance.
VIII. 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 V and
VI 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, as amended at 70
FR 59887, October 13, 2005; 72 FR 27443, May 16, 2007.)
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.
IX. What information must TCEQ provide to EPA?
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: Section 63.1, Applicability
Determinations; Section 63.6(e), Operation and Maintenance
Requirements--Responsibility for Determining Compliance; Section
63.6(f), Compliance with Non-Opacity Standards--Responsibility for
Determining Compliance; Section 63.6(h), Compliance with Opacity and
Visible Emissions Standards--Responsibility for Determining Compliance;
Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans;
Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods;
Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives
to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling
Times and Volumes When Necessitated by Process Variables or Other
Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of
Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-
Specific Performance Evaluation (Monitoring) Test Plans; Section
63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f),
Approval of Intermediate Alternatives to Monitoring; Section 63.9 and
63.10, Approval of Adjustments to Time Periods for Submitting Reports;
Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and
Reporting; Section 63.7(a)(4), Extension of Performance Test Deadline.
X. 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.
XI. Should sources submit notices to EPA or TCEQ?
For the NESHAPs being delegated and included in the table below,
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, 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.
XII. 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
[[Page 70105]]
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.
XIII. 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 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
January 26, 2015 without further notice unless the Agency receives
relevant adverse comments by December 26, 2014.
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.
XIV. 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).
The delegation 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. 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
action merely approves a state request to receive delegation of certain
Federal standards, 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 delegation submissions, EPA's role is to approve
submissions 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 delegation submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA to use VCS in place of
a delegation 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. 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 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 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 January 26, 2015. 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.
Dated: November 12, 2014.
Bill Luthans,
Acting Director, Multimedia Planning and Permitting Division, Region 6.
40 CFR part 63 is amended as follows:
[[Page 70106]]
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
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
0
2. Section 63.99 is amended by revising paragraph (a)(44)(i) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(44) Texas.(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 April 24, 2013 are
not delegated.
Delegation Status for Part 63 Standards--State of Texas \1\
------------------------------------------------------------------------
Subpart Source category TCEQ \2\
------------------------------------------------------------------------
A.............................. General Provisions.... X
F.............................. Hazardous Organic X
NESHAP (HON)--
Synthetic Organic
Chemical
Manufacturing
Industry (SOCMI).
G.............................. HON--SOCMI Process X
Vents, Storage
Vessels, Transfer
Operations and
Wastewater.
H.............................. HON--Equipment Leaks.. X
I.............................. HON--Certain Processes X
Negotiated Equipment
Leak Regulation.
J.............................. Polyvinyl Chloride and (\3\)
Copolymers Production.
K.............................. (Reserved)............ ...............
L.............................. Coke Oven Batteries... X
M.............................. Perchloroethylene Dry X
Cleaning.
N.............................. Chromium X
Electroplating and
Chromium Anodizing
Tanks.
O.............................. Ethylene Oxide X
Sterilizers.
P.............................. (Reserved)............ ...............
Q.............................. Industrial Process X
Cooling Towers.
R.............................. Gasoline Distribution. X
S.............................. Pulp and Paper X
Industry.
T.............................. Halogenated Solvent X
Cleaning.
U.............................. Group I Polymers and X
Resins.
V.............................. (Reserved)............ ...............
W.............................. Epoxy Resins X
Production and Non-
Nylon Polyamides
Production.
X.............................. Secondary Lead X
Smelting.
Y.............................. Marine Tank Vessel X
Loading.
Z.............................. (Reserved)............ ...............
AA............................. Phosphoric Acid X
Manufacturing Plants.
BB............................. Phosphate Fertilizers X
Production Plants.
CC............................. Petroleum Refineries.. X
DD............................. Off-Site Waste and X
Recovery Operations.
EE............................. Magnetic Tape X
Manufacturing.
FF............................. (Reserved)............ ...............
GG............................. Aerospace X
Manufacturing and
Rework Facilities.
HH............................. Oil and Natural Gas X
Production Facilities.
II............................. Shipbuilding and Ship X
Repair Facilities.
JJ............................. Wood Furniture X
Manufacturing
Operations.
KK............................. Printing and X
Publishing Industry.
LL............................. Primary Aluminum X
Reduction Plants.
MM............................. Chemical Recovery X
Combustion Sources at
Kraft, Soda, Sulfide,
and Stand-Alone
Semichemical Pulp
Mills.
NN............................. (Reserved)............ ...............
OO............................. Tanks-Level 1......... X
PP............................. Containers............ X
QQ............................. Surface Impoundments.. X
RR............................. Individual Drain X
Systems.
SS............................. Closed Vent Systems, ...............
Control Devices,
Recovery Devices and
Routing to a Fuel Gas
System or a Process.
TT............................. Equipment Leaks-- X
Control Level 1.
UU............................. Equipment Leaks-- X
Control Level 2
Standards.
VV............................. Oil--Water Separators X
and Organic--Water
Separators.
WW............................. Storage Vessels X
(Tanks)--Control
Level 2.
XX............................. Ethylene Manufacturing X
Process Units Heat
Exchange Systems and
Waste Operations.
YY............................. Generic Maximum X
Achievable Control
Technology Standards.
ZZ-BBB......................... (Reserved)............ ...............
CCC............................ Steel Pickling--HCI X
Process Facilities
and Hydrochloric Acid
Regeneration.
DDD............................ Mineral Wool X
Production.
EEE............................ Hazardous Waste X
Combustors.
FFF............................ (Reserved)............ ...............
[[Page 70107]]
GGG............................ Pharmaceuticals X
Production.
HHH............................ Natural Gas X
Transmission and
Storage Facilities.
III............................ Flexible Polyurethane X
Foam Production.
JJJ............................ Group IV Polymers and X
Resins.
KKK............................ (Reserved)............ ...............
LLL............................ Portland Cement X
Manufacturing.
MMM............................ Pesticide Active X
Ingredient Production.
NNN............................ Wool Fiberglass X
Manufacturing.
OOO............................ Amino/Phenolic Resins. X
PPP............................ Polyether Polyols X
Production.
QQQ............................ Primary Copper X
Smelting.
RRR............................ Secondary Aluminum X
Production.
SSS............................ (Reserved)............ ...............
TTT............................ Primary Lead Smelting. X
UUU............................ Petroleum Refineries-- X
Catalytic Cracking
Units, Catalytic
Reforming Units and
Sulfur Recovery
Plants.
VVV............................ Publicly Owned X
Treatment Works
(POTW).
WWW............................ (Reserved)............ ...............
XXX............................ Ferroalloys X
Production:
Ferromanganese and
Silicomanganese.
AAAA........................... Municipal Solid Waste X
Landfills.
CCCC........................... Nutritional Yeast X
Manufacturing.
DDDD........................... Plywood and Composite X \4\
Wood Products.
EEEE........................... Organic Liquids X
Distribution.
FFFF........................... Misc. Organic Chemical X
Production and
Processes (MON).
GGGG........................... Solvent Extraction for X
Vegetable Oil
Production.
HHHH........................... Wet Formed Fiberglass X
Mat Production.
IIII........................... Auto & Light Duty X
Truck (Surface
Coating).
JJJJ........................... Paper and other Web X
(Surface Coating).
KKKK........................... Metal Can (Surface X
Coating).
MMMM........................... Misc. Metal Parts and X
Products (Surface
Coating).
NNNN........................... Surface Coating of X
Large Appliances.
OOOO........................... Fabric Printing X
Coating and Dyeing.
PPPP........................... Plastic Parts (Surface X
Coating).
QQQQ........................... Surface Coating of X
Wood Building
Products.
RRRR........................... Surface Coating of X
Metal Furniture.
SSSS........................... Surface Coating for X
Metal Coil.
TTTT........................... Leather Finishing X
Operations.
UUUU........................... Cellulose Production X
Manufacture.
VVVV........................... Boat Manufacturing.... X
WWWW........................... Reinforced Plastic X
Composites Production.
XXXX........................... Tire Manufacturing.... X
YYYY........................... Combustion Turbines... X
ZZZZ........................... Reciprocating Internal X
Combustion Engines
(RICE).
AAAAA.......................... Lime Manufacturing X
Plants.
BBBBB.......................... Semiconductor X
Manufacturing.
CCCCC.......................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD.......................... Industrial/Commercial/ X \5\
Institutional Boilers
and Process Heaters
Major Sources.
EEEEE.......................... Iron Foundries........ X
FFFFF.......................... Integrated Iron and X
Steel.
GGGGG.......................... Site Remediation...... X
HHHHH.......................... Miscellaneous Coating X
Manufacturing.
IIIII.......................... Mercury Cell Chlor- X
Alkali Plants.
JJJJJ.......................... Brick and Structural (\6\)
Clay Products
Manufacturing.
KKKKK.......................... Clay Ceramics (\6\)
Manufacturing.
LLLLL.......................... Asphalt Roofing and X
Processing.
MMMMM.......................... Flexible Polyurethane X
Foam Fabrication
Operation.
NNNNN.......................... Hydrochloric Acid X
Production, Fumed
Silica Production.
OOOOO.......................... (Reserved)............ ...............
PPPPP.......................... Engine Test Facilities X
QQQQQ.......................... Friction Products X
Manufacturing.
RRRRR.......................... Taconite Iron Ore X
Processing.
SSSSS.......................... Refractory Products X
Manufacture.
TTTTT.......................... Primary Magnesium X
Refining.
UUUUU.......................... Coal and Oil-Fired X \7\
Electric Utility
Steam Generating
Units.
VVVVV.......................... (Reserved)............ ...............
WWWWW.......................... Hospital Ethylene X
Oxide Sterilizers
Area Sources.
XXXXX.......................... (Reserved)............ ...............
YYYYY.......................... Electric Arc Furnace X
Steelmaking
Facilities Area
Sources.
ZZZZZ.......................... Iron and Steel X
Foundries Area
Sources.
AAAAAA......................... (Reserved)............ ...............
BBBBBB......................... Gasoline Distribution X
Bulk Terminals, Bulk
Plants, and Pipeline
Facilities Area
Sources.
[[Page 70108]]
CCCCCC......................... Gasoline Dispensing X
Facilities Area
Sources.
DDDDDD......................... Polyvinyl Chloride and X
Copolymers Production
Area Sources.
EEEEEE......................... Primary Copper X
Smelting Area Sources.
FFFFFF......................... Secondary Copper X
Smelting Area Sources.
GGGGGG......................... Primary Nonferrous X
Metals Area Sources:
Zinc, Cadmium, and
Beryllium.
HHHHHH......................... Paint Stripping and X
Miscellaneous Surface
Coating Operations at
Area Sources.
IIIIII......................... (Reserved)............ ...............
JJJJJJ......................... Industrial, X
Commercial, and
Institutional Boilers
Area Sources.
KKKKKK......................... (Reserved)............ ...............
LLLLLL......................... Acrylic and Modacrylic X
Fibers Production
Area Sources.
MMMMMM......................... Carbon Black X
Production Area
Sources.
NNNNNN......................... Chemical Manufacturing X
Area Sources:
Chromium Compounds.
OOOOOO......................... Flexible Polyurethane X
Foam Production and
Fabrication Area
Sources.
PPPPPP......................... Lead Acid Battery X
Manufacturing Area
Sources.
QQQQQQ......................... Wood Preserving Area X
Sources.
RRRRRR......................... Clay Ceramics X
Manufacturing Area
Sources.
SSSSSS......................... Glass Manufacturing X
Area Sources.
TTTTTT......................... Secondary Nonferrous X
Metals Processing
Area Sources.
UUUUUU......................... (Reserved)............ ...............
VVVVVV......................... Chemical Manufacturing X
Area Sources.
WWWWWW......................... Plating and Polishing X
Operations Area
Sources.
XXXXXX......................... Metal Fabrication and X
Finishing Area
Sources.
YYYYYY......................... Ferroalloys Production X
Facilities Area
Sources.
ZZZZZZ......................... Aluminum, Copper, and X
Other Nonferrous
Foundries Area
Sources.
AAAAAAA........................ Asphalt Processing and X
Asphalt Roofing
Manufacturing Area
Sources.
BBBBBBB........................ Chemical Preparations X
Industry Area Sources.
CCCCCCC........................ Paints and Allied X
Products
Manufacturing Area
Sources.
DDDDDDD........................ Prepared Feeds X
Manufacturing Area
Sources.
EEEEEEE........................ Gold Mine Ore ...............
Processing and
Production Area
Sources.
FFFFFFF-GGGGGGG................ (Reserved)............ ...............
HHHHHHH........................ Polyvinyl Chloride and X
Copolymers Production
Major Sources.
------------------------------------------------------------------------
\1\ Program delegated to Texas Commission on Environmental Quality
(TCEQ).
\2\ Authorities which may not be delegated include: Sec. 63.6(g),
Approval of Alternative Non-Opacity Emission Standards; Sec.
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring;
Sec. 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.
\4\ This subpart was issued a partial vacatur on October 29, 2007 (72 FR
61060) by the United States Court of Appeals for the District of
Columbia Circuit.
\5\ Final rule. See 78 FR 7138 (January 31, 2013).
\6\ TCEQ was previously delegated this subpart on May 2, 2006 (71 FR
25753). This subpart was vacated and remanded to EPA by the United
States Court of Appeals for the District of Columbia Circuit. See,
Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the
D.C. Court's holding, this subpart is not delegated to TCEQ at this
time.
\7\ Initial Final Rule. See 77 FR 9304 (February 16, 2012). Final on
reconsideration of certain new source issues. See 78 FR 24073 (April
24, 2013). Portions of this subpart are in proposed reconsideration
pending final action. See 78 FR 38001 (June 25, 2013).
* * * * *
[FR Doc. 2014-27909 Filed 11-24-14; 8:45 am]
BILLING CODE 6560-50-P