Approval and Promulgation of Implementation Plans; Texas; Agreed Orders in the Beaumont/Port Arthur Ozone Nonattainment Area

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: April 12, 2005 (Volume 70, Number 69)]
[Rules and Regulations]
[Page 18995-19000]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap05-10]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0019; FRL-7898-7]

Approval and Promulgation of Implementation Plans; Texas; Agreed
Orders in the Beaumont/Port Arthur Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action on revisions to the
Texas State Implementation Plan (SIP). This rule making covers eight
Agreed Orders with six companies in the Beaumont/Port Arthur (B/PA)
nonattainment area. We are approving the eight Agreed Orders between
the State of Texas and six companies in Southeast Texas as a
strengthening of the Texas SIP. These Agreed Orders will contribute to
the improvement in air quality in the B/PA nonattainment area and
continue to contribute to the maintenance of the ozone standard in the
southeastern portion of the State of Texas. The EPA is approving this
SIP revision in accordance with the requirements of the Federal Clean
Air Act (the Act), sections 110 and 116.

DATES: This rule is effective on June 13, 2005 without further notice,
unless EPA receives relevant adverse comment by May 12, 2005. 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 Regional Material in
EDocket (RME) ID No. R06-OAR-2005-TX-0019, by one of the following
methods:
? Federal eRulemaking Portal: http://www.regulations.gov
Follow the on-line instructions for submitting comments.
? Agency Web site: http://docket.epa.gov/rmepub/ Regional
Material in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
? U.S. EPA Region 6 ``Contact Us'' web site: http://epa.gov/
region6/r6coment.htm Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
? E-mail: Mr Thomas Diggs at diggs.thomas@epa.gov. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
section below.
? Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
? Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
? Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733.
Such deliveries are accepted only between the hours of 8 am and 4
pm weekdays except for legal holidays. Special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID No. R06-OAR-2005-TX-0019. EPA's policy is that all comments
received will be included in the public file without change and may be
made available online at http://docket.epa.gov/rmepub/, including any
personal information provided, unless the comment includes information

[[Page 18996]]

claimed to be Confidential Business Information (CBI) or other
information the disclosure of which is restricted by statute. Do not
submit information through Regional Material in EDocket (RME),
regulations.gov, or e-mail if you believe that it is CBI or otherwise
protected from disclosure. The EPA RME Web site and the federal
regulations.gov are ``anonymous access'' systems, which means EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an e-mail comment directly to EPA
without going through RME or regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the public file and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/
rmepub/. Although listed in the index, some information is not
publicly available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in the official file which is
available at the Air Planning Section (6PD-L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file
will be made available by appointment for public inspection in the
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays. Contact the person listed in the
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at
(214) 665-7253 to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
following state air agency during official business hours by
appointment: Texas Commission on Environmental Quality, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Guy Donaldson, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7242; fax
number 214-665-7263; e-mail address donaldson.guy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA. Please note that if we
receive relevant adverse comment(s) on an amendment, paragraph, or
section of this rule and if that provision is independent of 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.

Outline

I. What Action Is EPA Taking?
II. What Is a State Implementation Plan?
III. What Does Federal Approval of a SIP Mean to Me?
IV. What Areas in Texas Will This Action Affect?
V. What Does the Agreed Order Between the TCEQ and ExxonMobil Oil
Corporation, Jefferson County, Require?
VI. What Do the Agreed Orders Between the TCEQ and Huntsman
Petrochemical Corporation, Jefferson County, Require?
VII. What Does the Agreed Order Between the TCEQ and ISP Elastomers,
Jefferson County, Require?
VIII. What Do the Agreed Orders Between the TCEQ and Mobil Chemical
Company, Division of ExxonMobil Oil Corporation, Jefferson County, Require?
IX. What Does the Agreed Order Between the TCEQ and Motiva
Enterprises LLC, Jefferson County, Require?
X. What Does the Agreed Order Between the TCEQ and Premcor Refining
Group, Jefferson County, Require?
XI. Final Action
XII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

On January 10, 2005 the Texas Commission on Environmental Quality
(TCEQ) submitted a SIP revision which included the State adopted Agreed
Orders with ExxonMobil Oil Corporation, Mobil Chemical Company
(Division of ExxonMobil Oil Corporation), ISP Elastomers, Huntsman
Petrochemical Corporation Port Neches Plant, Huntsman Petrochemical
Corporation Port Arthur Plant, Premcor Refining Group, Inc., and Motiva
Enterprises LLC in the Beaumont/Port Arthur nonattainment area. These
Agreed Orders were developed as a result of the collaborative efforts
between the TCEQ, local environmental organizations and a local
industry forum. The Agreed Orders SIP submittal delineates permanent
reductions of volatile organic compounds, oxides of nitrogen, hydrogen
sulfide, benzene, carbon monoxide, ammonia, and particulate matter.
They also include air monitoring activities and other operational
activities. The Companies entered voluntarily into the Agreed Orders
and we are adopting them into the Texas SIP under sections 110 and 116
of the Act to make the measures federally enforceable and because the
State is relying upon the Orders as a strengthening of the existing
Texas SIP and for continued maintenance of the standards in the
northeast part of Texas.
In this rule making we are approving under sections 110 and 116 the
eight Agreed Orders between the Texas Commission on Environmental
Quality and ExxonMobil Oil Corporation, Mobil Chemical Company
(Division of ExxonMobil Oil Corporation)(two Orders), ISP Elastomers,
Huntsman Petrochemical Corporation Port Neches Plant, Huntsman
Petrochemical Corporation Port Arthur Plant, Premcor Refining Group,
Inc., and Motiva Enterprises LLC in the Beaumont/Port Arthur
nonattainment area.

II. What Is a State Implementation Plan?

Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that the state air quality
meets the National Ambient Air Quality Standards (NAAQS) that EPA has
established. Under section 109 of the Act, EPA established the NAAQS to
protect public health. The NAAQS address six criteria pollutants. These
pollutants are: 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.

III. What Does Federal Approval of a SIP Mean to Me?

A state may enforce state regulations before and after we
incorporate those regulations into a federally approved SIP. After we
incorporate those regulations into a federally approved

[[Page 18997]]

SIP, both EPA and the public may also take enforcement action against
violators of these regulations.

IV. What Areas in Texas Will This Action Affect?

The approval of the eight Agreed Orders will affect the Beaumont/
Port Arthur (B/PA) Ozone Nonattainment area and the southeastern part
of Texas. The B/PA area includes Hardin, Jefferson, and Orange
Counties. The Agreed Orders will contribute to the improvement in the
air quality in the B/PA area and will continue to contribute to the
maintenance of the ozone standard in the southeastern portion of the
State of Texas. Each company offered, individually or a combination of
emission reductions, monitoring, and operational changes to be
memorialized in Agreed Orders with the Texas Commission on
Environmental Quality. Since we are approving the Orders into the Texas
SIP, any emission reductions stipulated in these Agreed Orders are
required by federal law and therefore are not surplus emissions
reductions and cannot be used for the purposes of offsetting, netting,
or banking. Some of the companies reserved a portion of the emissions
reductions for future use; these are not stipulated to in the Agreed
Orders. For further information about which companies reserved some of
the emissions reductions and the types of pollutants and amounts being
reserved for future use, see the Technical Support Document (TSD).

V. What Does the Agreed Order Between the TCEQ and ExxonMobil Oil
Corporation, Jefferson County, Require?

ExxonMobil Oil Corporation, Jefferson County, owns and operates an
oil refinery facility at 1795 Burt Street, Beaumont, Jefferson County,
Texas. ExxonMobil Oil Corporation, Jefferson County, (TCEQ Account
number JE-0067-I, Customer No. 601470214, Regulated Entity No.
102450756) entered into an Agreed Order (Docket No. 2004-0846-SIP) with
the Texas Commission on Environmental Quality to provide reductions in
the emissions of volatile organic compounds and sulfur dioxide, improve
and update plant operations, and perform air monitoring. The Agreed
Order has 18 stipulations and was adopted by the Commission on December
15, 2004. The Company installed, on April 4, 2004, a wet gas scrubber
with oxygen enrichment on the fluid catalytic cracking unit, Emission
Point Number (EPN) 06ST--003, for the reduction of sulfur dioxide. By
December 31, 2005, the Company will implement improved practices and
maintenance procedures for the two ketone units to reduce VOC fugitive
emissions reported under EPN 41--FUG001, EPN 41--FUG002, EPN 42--
FUG001, and EPN 42--FUG002. This will be for the purpose of reducing
solvent loss and thereby volatile organic compound emissions. On July
31, 2004 the Company installed and configured Vivicom Software, and
replaced PtR-4 NO_X and CO emission analyzers. The
installation of this software will improve data and system reliability
of the continuous emissions monitoring system. By May 1, 2006,
ExxonMobil will shut down six grandfathered boilers for the
cogeneration unit and amend the corresponding Air Quality Permit
#19566. The Company's boilers to be shut down are EPN 56SKT--
015, EPN 56SKT--016, EPN 56SKT--017, EPN 56SKT--018, EPN 56SKT--019,
and EPN 56SKT--032. The Company will also continue to operate two air
quality monitors for the collection of data regarding sulfur dioxide in
accordance with the Agreed Order entered into between the Company and
the TCEQ, Docket No. 97-0827-AIR-E. These monitors will be operated
until EPA has determined that the Beaumont/Port Arthur nonattainment
area has attainted the 8-hour ozone standard and redesignated the area
to attainment or until December 31, 2008, whichever is later. The
Company reserved for future use, at a minimum, 300 TPY of the
SO2 emissions reductions achieved from the installation of
the wet scrubber on the fluid catalytic cracking unit. The
SO2 emissions reductions achieved by the wet scrubber
installed on the fluid catalytic cracking unit, that are above 300 TPY
but not exceeding 9400 TPY, are required by the Order. All of the
fugitive VOC emissions reductions achieved by the improved practices
and maintenance procedures for the two ketone units are required by the
Order. All of the VOC emissions reductions achieved by the shutdown of
the six boilers are required by the Order. TCEQ must remove permanently
from the Emissions Inventory the six boilers and all of their VOC
emissions. We have included the supporting documentation for this
Agreed Order with our TSD dated February 14, 2005.

VI. What Do the Agreed Orders Between the TCEQ and Huntsman
Petrochemical Corporation, Jefferson County, Require?

Huntsman Petrochemical Corporation owns and operates a C4 and
Oxides and Olefins plant at 2701 Spur 136, Port Neches, Jefferson
County, Texas. Huntsman Petrochemical Corporation, Jefferson County,
Port Neches Plant (TCEQ Account Number JE-0052-V, Customer No.
600632848, Regulated Entity No. 100219252) entered into an Agreed Order
(Docket No. 2004-0882-SIP) with the Texas Commission on Environmental
Quality. The Agreed Order has 14 stipulations and was adopted by the
Commission on December 15, 2004. By December 31, 2004, the Company had
installed and configured for use E!CEMS Software to improve the data
and system reliability regarding electronic data gathered for
compliance purposes. The system will improve tracking of emissions and
allow for quicker response to potential problems. There are no
quantifiable emission reductions from the implementation of this measure.
Huntsman Petrochemical Corporation also owns and operates an
aromatics and olefins plant at 4241 Savannah Avenue, Port Arthur,
Jefferson County, Texas. Huntsman Petrochemical Corporation, Jefferson
County, Port Arthur Plant (TCEQ Account Number JE-0135-Q, Customer No.
600632848, Regulated Entity No. 1002192522), entered into an Agreed
Order (Docket No. 2004-0845-SIP) with the Texas Commission on
Environmental Quality. The Agreed Order has 15 stipulations and was
adopted by the Commission on December 15, 2004. The Company was to
submit, on or before September 30, 2004, amendments to Air Quality
Permit # 16989 to specify and make enforceable, controls for
the benzene tank emission control project listed in the Company's
Emission Cap Compliance Plan dated May 15, 2002. Benzene emission
reductions will occur as a result of the utilization of a thermal
oxidizer system. By December 31, 2004, the Company will also install
and configure for use E!CEMS Software to improve the data and system
reliability regarding electronic data gathered for compliance purposes.
All of the emissions reductions that will be achieved by the benzene
tank emission control project are required by the Agreed Order. We have
included the supporting documentation for these Agreed Orders with our
TSD dated February 14, 2005.

VII. What Does the Agreed Order Between the TCEQ and ISP Elastomers,
Jefferson County, Require?

ISP Elastomers owns and operates a emulsion styrene/butadiene
rubber manufacturing plant at 115 Main Street, Port Neches, Jefferson
County, Texas. ISP Elastomers, Jefferson County, (TCEQ Account number
JE-0017-A, Customer No. 602296287, Regulated Entity No. 10224799)
entered into an Agreed Order (Docket No. 2004-0842-SIP) with the Texas
Commission on Environmental

[[Page 18998]]

Quality. The Agreed Order has 14 stipulations and was adopted by the
Commission on December 15, 2004. The Company was to shut down the North
Plant portion of the plant, resulting in the elimination of fugitive
ammonia emissions. All of the emissions reductions achieved by the
shutdown of the North Plant are required by the Agreed Order. The TCEQ
must permanently remove from the Emissions Inventory the North Plant
and all of its associated emissions. We have included the supporting
documentation for this Agreed Order with our TSD dated February 14, 2005.

VIII. What Do the Agreed Orders Between the TCEQ and Mobil Chemical
Company, Division of ExxonMobil Oil Corporation, Jefferson County, Require?

Mobil Chemical Company, a Division of ExxonMobil Oil Corporation
owns and operates a chemical plant at 2775 Gulf Estates Road, Beaumont,
Jefferson County, Texas. Mobil Chemical Company, Division of ExxonMobil
Oil Corporation, Jefferson County, (TCEQ Account number JE-0062S,
Customer No. 601470214, Regulated Entity No. 102450756) entered into an
Agreed Order (Docket No. 2004-0841-SIP) with the Texas Commission on
Environmental Quality which will result in the reduction of the
emissions of volatile organic compound emissions, oxides of nitrogen,
hydrogen sulfide, and carbon monoxide. The Agreed Order has 16
stipulations and was adopted by the Commission on December 15, 2004.
The Company will shut down an olefins and aromatics plant boiler,
Emission Point No. EH34, by December 1, 2006. As part of the Aromatic
Restructuring Project of the Mobil Chemical Company, the company will
remove specific components from the Olefins and Aromatics UDEX Unit by
December 31, 2005. The removal of the components represented in Air
Quality Permit # 18838 will reduce fugitive emissions of
volatile organic compounds from Emission Point Nos. EF3, EF4, EF9, EF10
and EF11. The Company reserved for future use 75 TPY of NO_X
emissions reductions achieved by the shutdown of the boiler. All of the
fugitive VOC emissions reductions achieved by the removal of specific
components from the Olefins and Aromatics UDEX Unit are required by the
Order. The TCEQ must permanently remove from the Emissions Inventory
the boiler and all but 75 TPY of its NO_X emissions.
In a second Agreed Order, Mobil Chemical Company, Division of
ExxonMobil Oil Corporation, Jefferson County, (TCEQ Account number JE-
0064-O, Customer No. 601549660, Regulated Entity No. 101485738),
entered into an Agreed Order (Docket No. 2004-1654-SIP) with the Texas
Commission on Environmental Quality which will result in the reduction
of the emissions of volatile organic compound emissions and hydrogen
sulfide. The Agreed Order has 14 stipulations and was adopted by the
Commission on December 15, 2004. On December 31, 2003, the Company shut
down the Chemical Specialties Plant sulfurized isobutylene unit
authorized by Air Quality Permit # 3186. All of the emissions
reductions achieved by the shutdown of this unit are required by the
Agreed Order. The TCEQ must permanently remove from the Emissions
Inventory the unit and all of its associated emissions. We have
included the supporting documentation for this Agreed Order with our
TSD dated February 14, 2005.

IX. What Does the Agreed Order Between the TCEQ and Motiva Enterprises
LLC, Jefferson County, Require?

Motiva Enterprises LLC owns and operates a refinery at 2100 Houston
Avenue, Port Arthur, Jefferson County, Texas. Motiva Enterprises LLC,
Jefferson County (TCEQ Account Number JE-0095D, Customer No. 600124051,
Regulated Entity No. 1000209451) entered into an Agreed Order (Docket
No. 2004-0843-SIP) with the Texas Commission on Environmental Quality
to provide reductions in the emissions of volatile organic compounds,
oxides of nitrogen, sulfur dioxide, particulate matter and carbon
monoxide. The Agreed Order has 18 stipulations and was adopted by the
Commission on December 15, 2004. On or before December 31, 2004, Motiva
Enterprises LLC will shut down Boiler 26 (EPN SPS2-6) and Boiler 27
(EPN SPS2-7) authorized by Air Quality Permit No. 6056. Also by this
date, the company will shut down Boiler 31 (EPN SPS3-1). The Company
will uncouple Gas Turbine Generator 35 from Boiler 34 (EPN SPS3-4) and
Boiler 35 (EPN SPS3-5) and reroute the exhaust gas to the Waste Heat
Boiler (EPN WHB37SCR), which will have selective catalytic reduction
maintained on the unit. In addition to the four flares required by the
Consent Decree between the United States of America and the States of
Delaware and Louisiana and Motiva Enterprises, Inc. to ensure
compliance with New Source Performance Standards at refineries with
hydrocarbon flares, which are not equipped with flare gas recovery, the
company has agreed to meet these same requirements for its remaining
three flares at the plant (EPN FCCU NO3FS, EPN HCUNO1 FS, and EPN
VPSNO4FS). All of the emissions reductions that will be achieved by the
shutdown of the three boilers and the uncoupling/rerouting project are
required by the Agreed Order. The TCEQ must remove permanently from the
Emissions Inventory the three boilers and all of their associated
emissions. We have included the supporting documentation for this
Agreed Order with our TSD dated February 14, 2005.

X. What Does the Agreed Order Between the TCEQ and Premcor Refining
Group, Jefferson County, Require?

Premcor Refining Group owns and operates a petroleum refinery at
1801 S. Gulfway Drive, Port Arthur, Jefferson County, Texas. Premcor
Refining Group, Jefferson County (TCEQ Account Number JE-0042B,
Customer No. 601420748, Regulated Entity No. 102584026) entered into an
Agreed Order (Docket No. 2004-0844-SIP) with the Texas Commission on
Environmental Quality to provide reductions in the emissions of oxides
of nitrogen, hydrogen sulfide, sulfur dioxide and carbon monoxide and
improve and update plant operations and maintenance. The Agreed Order
has 20 stipulations and was adopted by the Commission on December 15,
2004. By December 31, 2004, the Company will replace all existing fuel
gas burners, with a combined rated duty of approximately 600 million
British Thermal Units per hour, in five process heaters in catalytic
reforming unit # 1344, with Low-NO_X burners. The
Company will also install a sulfur degassing system that is designed to
remove hydrogen sulfide from sulfur prior to its loading into trucks
from all of the in-ground tanks at Sulfur Recovery Units 543 and 544,
which will be installed on or before December 31, 2004. The Premcor
Refining Group will also install software to improve data management,
reporting and compliance demonstration for 60 existing boilers and
process heaters and the refinery process information system on or
before June 30, 2004. On November 30, 2003 the company made
modifications to the regenerative thermal oxidizer (RTO) for wastewater
treatment unit # 8742 in order to reduce emission events
relating to RTO shutdowns and by June 30, 2005, the company will
upgrade the master electronic control system. Since the nature of these
modifications are to prevent emission events associated with RTO
shutdowns and not a reduction in

[[Page 18999]]

allowable emissions, there are no quantifiable emission reductions from
the implementation of these measures. By April 30, 2005, a wet gas
scrubber utilizing caustic and water solution sprays to reduce sulfur
and particulate emissions will be installed at the outlet of the
regenerator on the Fluid Catalytic Cracking unit # 1241. The
Company also is shutting down a boiler with CO emissions, will operate
the existing catalytic cracking unit in full burn mode to control the
CO emissions, and will install a flue gas cooler. All of the emissions
reductions that will be achieved by the replacement of the existing
fuel gas burners with low-NO_X burners, the installation of
the sulfur degassing system, the installation of the caustic and water
solution sprays, the shutdown of the boiler, and the full burn mode
operation are required by the Agreed Order. The TCEQ must remove
permanently from the Emissions Inventory the fuel gas burners and all
of their emissions and the boiler and all of its emissions. We have
included the supporting documentation for this Agreed Order with our
TSD dated February 14, 2005.

XI. Final Action

EPA is approving the above-described eight Agreed Orders into the
Texas SIP and publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on June 13, 2005
without further notice unless we receive relevant adverse comment by
May 12, 2005. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule, or affected portion of 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. 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 an adverse comment.

XII. 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 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non agency parties. 5 U.S.C. 804(3). EPA
is not required to submit a rule report regarding today's action under
section 801 because this is a rule of particular applicability
establishing source-specific requirements for eight named sources. 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 June 13, 2005. 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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

[[Page 19000]]

Dated: March 11, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

? 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

? 2. The table in Sec. 52.2270(d) entitled ``EPA Approved Texas Source-
Specific Requirements'' is amended by adding to the end of the table
eight new entries to read as follows:

Sec. 52.2270 Identification of plan.

* * * * *
(d) * * *

EPA.--Approved Texas Source-Specific Requirements
---------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit or order number effective EPA approval date Comments
date
---------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
ExxonMobil Oil Corporation, Jefferson Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
County, Texas. 0846-SIP. begins].
Huntsman Petrochemical Corporation, Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
Port Neches Plant, Jefferson County, 0882-SIP. begins].
Texas.
Huntsman Petrochemical Corporation, Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
Port Arthur Plant, Jefferson County, 0845-SIP. begins].
Texas.
ISP Elastomers, Jefferson County, Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
Texas. 0842-SIP. begins].
Mobil Chemical Company, Division of Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
ExxonMobil Oil Corporation, 0841-SIP. begins].
Jefferson County, Texas.
Motiva Enterprises LLC, Jefferson Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
County, Texas. 0843-SIP. begins].
Premcor Refining Group, Inc., Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
Jefferson County, Texas. 0844-SIP. begins].
Mobil Chemical Company, Division of Agreed Order No. 2004- 12/15/2004 4/12/2005 [Insert FR page number where document
ExxonMobil Oil Corporation, 1654-SIP. begins].
Jefferson County, Texas.
---------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-7304 Filed 4-11-05; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Approval and Promulgation of Implementation Plans; Texas; Agreed Orders in the Beaumont/Port Arthur Ozone Nonattainment Area

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