Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for Emissions of Volatile Organic Compounds (VOCs) From Wood Furniture Coating Operations and Ship Building and Repair Operations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX99-1-7389a; FRL-6239-5]

Approval and Promulgation of Implementation Plans; Texas;

Reasonably Available Control Technology for Emissions of Volatile

Organic Compounds (VOCs) From Wood Furniture Coating Operations and

Ship Building and Repair Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: We, the EPA, are taking direct final action to include rules

in the Texas State Implementation Plan (SIP). These rules control

emissions of VOCs from Wood Furniture Coating Operations and Ship

Building and Repair Operations. Texas submitted these rules in a letter

dated April 13, 1998, to meet the Federal Clean Air Act's (the Act)

requirements for Reasonably Available Control Technology (RACT).

DATES: This direct final rule is effective on May 14, 1999 unless we

receive adverse comments by April 14, 1999. If we receive such

comments, we will publish a timely withdrawal of the direct final rule

in the Federal Register informing the public that the rule will not

take effect.

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 6

Office listed below.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the following

locations. Interested persons wanting to examine these documents should

make an appointment with the appropriate office at least two working

days in advance.

Environmental Protection Agency, Region 6, Air Planning Section

(6PD-L), Multimedia Planning and Permitting Division, Dallas, 1445 Ross

Avenue, Texas 75202-2733, telephone: (214) 665-7214.

Texas Natural Resource Conservation Commission, Office of Air

Quality, 12124 Park 35 Circle, Austin, Texas 78753.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Guy R. Donaldson, Air Planning

Section (6PD-L), Multimedia Planning and Permitting Division,

Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,

Texas 75202-2733, telephone: (214) 665-7242.

SUPPLEMENTARY INFORMATION:

What Action Is EPA Taking?

We are approving revisions to Texas rules for the control of VOC

emissions from Wood Furniture Coating Operations and from Ship Building

and Repair Operations. These facilities emit VOCs, primarily during

painting and solvent clean up operations. Texas based these rules on

the EPA Control Technique Guidelines (CTGs) for these source

categories. The approval of these rules means that we agree Texas is

implementing RACT on these source categories as required by section

182(b)(2)(A) and (C), and section 183 of the Act. Texas also is

requiring that coating of offshore oil and gas platforms coated at

shipbuilding/ship repair facilities meet the limits in the CTG. This

approval will incorporate these rules into the Texas SIP. The authority

for our approval of these rules is found in section 110, Part D and

section 301 of the Act.

What Are the Clean Air Act's RACT Requirements?

Section 172 of the Act contains general requirements for States to

implement RACT in areas that do not meet the National Ambient Air

Quality Standard (NAAQS). Section 182(b)(2) of the Act contains more

specific requirements for moderate and above ozone nonattainment areas.

In particular, 182(b)(2)(A) requires States to implement RACT on each

category of VOC source covered by a CTG issued after enactment of the

1990 Clean Air Act Amendments.

On April 27, 1996, we issued a CTG for ship building and repair

operations. On May 20, 1996, we issued a CTG for Wood furniture

manufacturing operations. The State of Texas was then required to

implement RACT requirements in its moderate and above ozone

nonattainment areas based on the information in these CTGs.

A related requirement of the Act in 182(b)(2)(C) calls for States

to implement RACT on major sources of VOCs in ozone nonattainment area.

The Act defines a major source as a facility that emits more than 100

tons/year in a marginal or moderate ozone nonattainment area, 50 tons/

year in a serious ozone nonattainment area or 25 tons/year in a severe

ozone nonattainment area. Texas submitted and we approved (61 FR 5589)

declarations that, outside of the Houston ozone nonattainment area,

there are no major shipbuilding and repair sources in ozone

nonattainment areas. In the same Federal Register, we approved a

declaration that, outside of the Dallas/Fort Worth nonattainment area,

there were no major wood furniture manufacturing operations in ozone

nonattainment areas in Texas.

A CTG, however, can call for control of sources that emit less than

a major source level of emissions if control of smaller sources is

technically and economically feasible. The wood furniture CTG indicates

that sources emitting as little as 25 tons/year can be controlled at

reasonable cost even in serious or moderate ozone nonattainment area.

Thus, the Texas rule calls for the control of wood furniture

manufacturing operations that emit more than 25 tons/year in all of the

ozone nonattainment areas in Texas.

Texas has chosen to implement the shipbuilding and repair CTG in

the

[[Page 12760]]

Beaumont/Port Arthur and Houston/Galveston areas because these

operations would only be expected to occur in the coastal areas. The

shipbuilding and repair CTG outlines reasonable controls based on the

major source definition for a nonattainment area. Thus in the Beaumont/

Port Arthur area, only facilities emitting more than 100 tons/year are

required to implement controls. Texas chose to implement the rules in

Beaumont, in spite of the previous declaration that there were no major

source ship building and repair facilities. In Houston, ship building

and repair facilities that emit as little as 25 tons/year must be

controlled.

Why Regulate VOCs?

Oxygen in the atmosphere reacts with VOCs and Oxides of Nitrogen

(NOX) to form ozone, a key component of urban smog. Inhaling

even low levels of ozone can trigger a variety of health problems

including chest pains, coughing, nausea, throat irritation, and

congestion. It also can worsen bronchitis and asthma. Exposure to ozone

can also reduce lung capacity in healthy adults.

What Is a SIP?

Section 110 of the Act requires States to develop air pollution

regulations and control strategies to ensure that state air quality

meets the NAAQS established by the EPA. These ambient standards are

established under section 109 of the Act and they address six criteria

pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate

matter and sulfur dioxide.

Each state must submit these regulations and control strategies to

us for approval and incorporation into the federally enforceable SIP.

Each State has a SIP designed to protect air quality. These SIPs can be

extensive, containing State regulations or other enforceable documents

and supporting information such as emission inventories, monitoring

networks, and modeling demonstrations.

What Is a Control Technique Guideline?

A CTG is a document issued by EPA that includes information

regarding technology and costs of various emissions control techniques

that States can use to establish RACT. Each CTG contains a

``presumptive norm'' for RACT for a specific source category. Where

applicable, States should adopt rules consistent with the presumptive

norm. If a State adopts rules consistent with the presumptive norm, we

will approve the rules as RACT. States may choose to develop their own

RACT requirements on a case by case basis, considering the economic and

technical circumstances of an individual source. If we agree with the

State's technical and economic analysis for a particular source, we can

approve source specific RACT requirements that differ from the

presumptive norm in the CTG.

Section 183 of the Clean Air Act Amendments called for EPA to issue

11 CTGs. One of these CTGs was the Wood Furniture CTG. In addition,

section 183(b)(4) specifically directed EPA to issue a CTG for the

control of emissions from ship building and repair operations.

What Do the State's Rules Require?

Texas generally followed the presumptive norm in the CTGs. The

requirements for ship building and repair and wood furniture coating

can be found in the TNRCC's rules for Surface Coating Processes located

at 30 TAC 115.420-115.429. These rules establish limits for the amount

of VOCs that marine coatings and wood furniture coatings can contain

when applied which are identical to those contained in the CTGs.

The rules for wood furniture coating also establish new work

practices as recommended by the CTG. For wood furniture coating

operations, the rules generally prohibit the use of conventional air

spray guns. Instead facilities must use, where possible, paint

application equipment that will result in a lower percentage of paint

over spray. Less over spray will result in lower emissions of VOCs.

We reviewed the State's requirements against the recommendations in

the CTGs and agree that RACT is being implemented for wood furniture

operations and ship building. For further information regarding our

review, please see the Technical Support Document located in the docket

for this action.

Do These State Rules, Which EPA Is Now Approving, Apply to Me?

These rules are intended to reduce VOC emissions in areas that do

not meet NAAQS for ozone. Consequently, these rules apply to facilities

located in the Dallas/Fort Worth (moderate), El Paso (serious),

Beaumont/Port Arthur (moderate) and Houston/Galveston (severe) ozone

nonattainment areas.

Specifically, these rules apply to you if you are an owner or

operator of a wood furniture coating operation that emits, when

uncontrolled, more than 25 tons/year of VOCs, and you are located in

Dallas, Denton, Tarrant, Collin, Hardin, Jefferson, Orange, Brazoria,

Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller or

El Paso Counties. If you emit less than 25 tons/year VOCs when

uncontrolled, you will need to continue to comply with Texas' existing

rules for wood furniture coating contained at 115.421(a)(13).

These rules apply to you if you are the owner or operator of a ship

building operation or ship repair operation that emits more than 100

tons/year of VOC, when uncontrolled, in Hardin, Jefferson or Orange

counties. Also, these rules apply to you if you are the owner or

operator of a ship building operation or ship repair operation that

emits, when uncontrolled, more than 25 tons/year in Brazoria, Chambers,

Fort Bend, Galveston, Harris, Liberty, Montgomery, or Waller Counties.

What Does Federal Approval of a State Regulation Mean to Me?

Enforcement of the State regulation before and after it is

incorporated into the federally approved SIP is primarily a state

function. However, once the regulation is federally approved, the EPA

and the public may take enforcement action against violators of these

regulations if the state fails to do so.

What Is the Federal Approval Process for a SIP?

In order for State regulations to be incorporated into the

federally enforceable SIP, States must formally adopt the regulations

and control strategies consistent with State and Federal requirements.

This process generally includes a public notice, a public hearing, a

public comment period, and a formal adoption by a state-authorized

rulemaking body.

Once a State rule, regulation, or control strategy is adopted, the

State may submit the adopted provisions to us and request that these

provisions be included in the federally enforceable SIP. We must then

decide on an appropriate Federal action, provide public notice on this

action, and seek additional public comment regarding this action. If

adverse comments are received, we must address them prior to a final

action.

All State regulations and supporting information approved by the

EPA under section 110 of the Act are incorporated into the federally

approved SIP. Records of these SIP actions are maintained in the Code

of Federal Regulations (CFR) at Title 40, part 52, entitled ``Approval

and Promulgation of Implementation Plans.'' The actual State

regulations which were approved are not reproduced in their entirety in

the CFR but are ``incorporated by reference,'' which means that we have

approved a given State regulation with a specific effective date.

[[Page 12761]]

What Is the Process for EPA's Approval of This SIP Revision?

We are publishing this rule without prior proposal because we view

this as a noncontroversial amendment and anticipate no adverse comment.

However, in the ``Proposed Rules'' section of today's Federal Register

publication, we are publishing a separate document that will serve as

the proposal to approve the SIP revision if adverse comments are filed.

This rule will be effective on May 14, 1999 without further notice

unless we receive adverse comment by April 14, 1999. If we receive

adverse comment, we will publish a timely withdrawal in the Federal

Register informing the public that the rule will not take effect. We

will address all public comments in a subsequent final rule based on

the proposed rule. We will not institute a second comment period on

this action. Any parties interested in commenting must do so at this

time.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP will be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Administrative Requirements

Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Regulatory Flexibility

The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally

requires an agency to conduct a regulatory flexibility analysis of any

rule subject to notice and comment rulemaking requirements unless the

agency certifies that the rule will not have a significant economic

impact on a substantial number of small entities. Small entities

include small businesses, small not-for-profit enterprises, and small

governmental jurisdictions. This final rule will not have a significant

impact on a substantial number of small entities because SIP approvals

under section 110 and subchapter I, part D of the Act do not create any

new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Act forbids EPA to base its actions concerning SIPs on such grounds.

See Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42

U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate; or to private sector, of $100

million or more. Under section 205, EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated does

not include a Federal mandate that may result in estimated annual costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector.

This Federal action approves preexisting requirements under State

or local law, and imposes no new requirements. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action.

D. Submission to Congress and the Comptroller General

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. The 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). This rule will be effective May 14, 1999.

E. Executive Order 12875: Enhancing the Intergovernmental Partnership

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a State, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, E.O. 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of State, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on State, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of E.O. 12875 do not apply to this rule.

F. Executive Order 13084: Consultation and Coordination With Indian

Tribal Governments

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If the EPA complies by consulting, E.O. 13084 requires EPA

to provide to OMB, in a separately identified section of the preamble

to the rule, a description of the extent of EPA's prior consultation

with representatives of affected tribal governments, a summary of the

nature of their concerns, and a statement supporting the need to issue

the regulation. In addition, E.O. 13084 requires EPA to develop an

effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on

[[Page 12762]]

matters that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the communities

of Indian tribal governments. This action does not involve or impose

any new requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

G. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

H. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by May 14, 1999. 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 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Ozone, Reporting and recordkeeping

requirements, Volatile organic compounds.

Dated: March 1, 1999.

Jerry Clifford,

Acting Regional Administrator, Region 6.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation of part 52 continues to read as follows:

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

Subpart SS--Texas

2. Section 52.2270 is amended by adding paragraph (c)(117) to read

as follows:

Sec. 52.2270 Identification of plan.

* * * * *

(c) * * *

(117) Revisions to the Texas State Implementation Plan submitted to

the EPA in a letter dated April 13, 1998. These revisions address

Reasonably Available Control Technology for Wood Furniture coating

operations and Ship Building and Repair. The revisions also address

coating of oil and gas platforms at ship building and repair

facilities.

(i) Incorporation by Reference.

(A) Revisions to Regulation V, as adopted by the Commission on

March 18, 1998, effective April 7, 1998, sections 115.10. Definitions--

Introductory Paragraph, 115.420 Surface Coating Definitions, 115.420(a)

General Surface Coating Definitions, 114.420(a)(1)-115.420(a)(10),

115.420(b) Specific surface coating definitions--Introductory

Paragraph, 115.420(b)(1), 115.420(b)(2), 115.420(b)(2)(A),

115.420(b)(2)(B), 115.420(b)(3)-115.420(b)(9), 115.420(b)(10),

115.420(b)(10)(A)-115.420(b)(10)(E), 115.420(b)(10)(F),

115.420(b)(10)(F)(i)-115.420(b)(10)(F)(vii), 115.420(b)(10)(G),

115.420(b)(11), 115.420(b)(12), 115.420(b)(12)(A)-115.420(b)(12)(FF),

115.420(b)(13), 115.420(b)(13)(A), 115.420(b)(13)(A)(i),

115.420(b)(13)(A)(ii), 115.420(b)(13)(B), 115.420(b)(13)(B)(i)-

115.420(b)(13)(B)(ix), 115.420(b)(14), 115.420(b)(15), 115.420(15)(A),

115.420(15)(A)(i)-115.420(15)(A)(xi), 115.420(15)(B),

115.420(15)(B)(i)-115.420(15)(B)(xix), 115.421(a), 115.421(a)(8),

115.421(a)(8)(B), 115.421(a)(8)(B)(i)-115.421(a)(8)(B)(ix),

115.421(a)(13), 115.421(a)(13)(A), 115.421(a)(13)(A)(i)-

115.421(a)(13)(A)(vii), 115.421(a)(13)(A)(viii), 115.421(a)(13)(A)(ix),

115.421(a)(14), 115.421(a)(14)(A), 115.421(a)(14)(A)(i),

115.421(a)(14)(A)(ii), 115.421(a)(14)(A)(iii),

115.421(a)(14)(A)(iii)(I)- 115.421(a)(14)(A)(iii)(III),

115.421(a)(14)(A)(iv)-115.421(a)(14)(A)(vi), 115.421(a)(14)(B),

115.421(a)(15), 115.421(a)(15)(A),115.421(a)(15)(B),

115.421(a)(15)(B)(i), 115.421(a)(15)(B)(ii), 115.421(b), 115.422.

Control Requirements--Introductory Paragraph, 115.422(2), 115.422(3),

115.422(3)(A), 115.422(3)(B), 115.422(3)(C), 115.422(3)(C)(i),

115.422(3)(C)(ii), 115.422(3)(C)(ii)(I), 115.422(3)(C)(ii)(II),

115.422(3)(C)(iii)-115.422(3)(C)(v), 115.422(3)(C)(vi),

115.422(3)(C)(vi)(I), 115.422(3)(vi)(II), 115.422(3)(D), 115.422(3)(E),

115.422(3)(E)(i), 115.422(3)(E)(ii), 115.422(4), 115.422(4)(A)-

115.422(4)(C), 115.422(5), 115.422(5)(A), 115.422(5)(B), 115.423(a),

115.423(a)(1), 115.423(a)(2), 115.423(b), 115.423(b)(1), 115.423(b)(2),

115.426(a), 115.426(a)(1), 115.426(a)(1)(B), 115.426(a)(1)(B)(i),

115.426(a)(1)(B)(ii), 115.426(a)(2), 115.426(a)(2)(A),

115.426(a)(2)(A)(i), 115.426(b), 115.426(b)(1), 115.426(b)(1)(B),

115.426(b)(2), 115.426(b)(2)(A), 115.426(b)(2)(A)(i), 115.427(a),

115.427(a)(1), 115.427(a)(1)(B), 115.427(a)(1)(C), 115.427(a)(3),

115.427(a)(3)(A), 115.427(a)(3)(B), 115.427(a)(3)(D)-115.427(a)(3)(I),

115.427(b), 115.427(b)(4), 115.429(a), and 115.429(b).

(B) Certification Dated March 18, 1998 that these are true and

correct copies of revisions to 30 TAC Chapter 115 and the SIP.

[FR Doc. 99-6254 Filed 3-12-99; 8:45 am]

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