Approval and Promulgation of Air Quality Implementation Plans; Texas; Victoria County, 1997 8-Hour Ozone Section 110 (a)(1) Maintenance Plan, 48318-48322 [2013-18885]
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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations
contacting the COTP or the COTP’s onscene representative on VHF–16 or via
phone at 207–767–0303.
(4) The ‘‘designated representative’’ is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The on-scene
representative may be on a Coast Guard
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or onboard a local or state agency vessel
that is authorized to act in support of
the Coast Guard. Additionally, the Coast
Guard Auxiliary may be present to
inform vessel operators of this
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(5) Upon being hailed by a U.S. Coast
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Dated: June 24, 2013.
B.S. Gilda,
Captain, U.S. Coast Guard, Captain of the
Port Sector Northern New England.
[FR Doc. 2013–19213 Filed 8–7–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0356; FRL—9842–6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Victoria County, 1997 8-Hour Ozone
Section 110 (a)(1) Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action approving revisions to the Texas
State Implementation Plan (SIP). The
submitted revisions include a
maintenance plan for Victoria County,
Texas, developed to ensure continued
attainment of the 1997 8-hour National
Ambient Air Quality Standard (NAAQS
or standard). The Maintenance Plan
meets the requirements of Section
110(a)(1) of the Federal Clean Air Act
(CAA or Act), EPA’s rules, and is
consistent with EPA’s guidance. On
March 12, 2008, EPA issued a revised
ozone standard. Today’s action is being
taken to address requirements under the
1997 ozone standard. EPA is approving
the revision pursuant to section 110 of
the CAA.
DATES: This rule is effective on October
7, 2013 without further notice, unless
EPA receives relevant adverse comment
by September 9, 2013. If EPA receives
such comment, EPA will publish a
timely withdrawal in the Federal
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SUMMARY:
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Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2007–0356, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• EPA Region 6 Contact Us Web site:
https://epa.gov/region6/r6coment.htm.
Please click on ’’6PD’’ (Multimedia) and
select ’’Air’’ before submitting
comments.
• Email: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, 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 8:00 a.m. and 4:00 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2007–
0356. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
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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 docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy 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 State Air
Agency listed below 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:
Kenneth W. Boyce, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–7259; fax number
214–665–7263; email address
boyce.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. Background
II. Analysis of the State’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations
I. Background
On March 3, 1978, under the 1977
Clean Air Act (CAA) amendments,
Victoria County, Texas, was designated
a nonattainment area because it did not
meet the National Ambient Air Quality
Standards (NAAQS) for 1-hour ozone
(43 FR 8962). As required by the CAA,
the state of Texas submitted a State
Implementation Plan (SIP) to the EPA in
1979. This SIP outlined control
measures to bring the area into
attainment for the 1-hour ozone
NAAQS. This SIP was approved by EPA
in two actions, one in March 25, 1980
(45 FR 19231) and another in August 13,
1984 (49 FR 32180). An additional SIP
revision for Victoria County was
submitted to EPA on November 12,
1992. This submission revised the air
monitoring, reporting and record
keeping requirements for VOC sources
and was approved by EPA on March 7,
1995 (60 FR 12438).
On July 27, 1994, Texas submitted a
request to redesignate Victoria County
to attainment for the 1-hour ozone
NAAQS. At the same time, Texas
submitted the required ozone
monitoring data and a maintenance plan
to ensure the area would remain in
attainment for ozone for a period of 10
years. The maintenance plan submitted
by Texas followed EPA guidance for
limited maintenance areas, which
provides relief for ozone areas that have
design values less than 85% of the
applicable standard. In this case, the
applicable standard was the 1-hour
ozone standard of 0.12 parts per million
(ppm). At the time of the redesignation
request, the design value for Victoria
County was 0.100 ppm, well below the
85% threshold of 0.106 ppm. EPA
approved Texas’s request to redesignate
to attainment Victoria County for the
1-hour ozone NAAQS and the
maintenance plan on March 7, 1995,
with an effective date of May 8, 1995 (60
FR 12453).
Section 175A(b) of the CAA as
amended in 1990 requires the state to
submit a subsequent maintenance plan
to EPA eight years after designation to
attainment. The eight-year deadline for
submittal was May 8, 2003. The state
adopted a maintenance plan on
February 5, 2003, and submitted the
plan to EPA on February 18, 2003. EPA
approved the maintenance plan revision
on January 3, 2005 (70 FR 22). This
submission satisfied the CAA
requirement for the Victoria County
1-hour ozone area.
On April 30, 2004, EPA designated
and classified areas for the 1997 8-hour
ozone NAAQS, and published the final
phase 1 rule for implementation of the
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1997 8-hour ozone NAAQS (69 FR
23951). Victoria County was designated
as attainment/unclassifiable for the 1997
8-hour ozone standard, effective June
15, 2004 (69 FR 23858), and was
required to submit a 10-year
maintenance plan under section
110(a)(1) of the 1990 CAA Amendments
and the phase 1 rule. On May 20, 2005,
EPA issued guidance providing
information regarding how a state might
fulfill the maintenance plan obligation
established by the Act and the Phase 1
rule (Memorandum from Lydia N.
Wegman to Air Division Directors,
Maintenance Plan Guidance Document
for Certain 8-hour Ozone Areas Under
Section 110(a)(1) of Clean Air Act, May
20, 2005).
On March 7, 2007, TCEQ submitted a
SIP revision to address the 110(a)(1)
requirements. On July 28, 2010, Texas
submitted a revision to the contingency
portion of the Maintenance Plan. These
submitted SIP revisions are intended to
satisfy the section 110(a)(1) CAA
requirements for Victoria County 1997
8-hour ozone area. This SIP revision
satisfies the section 110(a)(1) CAA
requirements for a plan that provides for
implementation, maintenance, and
enforcement of the 1997 8-hour ozone
NAAQS in the Victoria County, Texas,
area.
On December 22, 2006, the United
States Court of Appeals for the District
of Columbia Circuit issued an opinion
that vacated EPA’s Phase 1
Implementation Rule for the 1997 8Hour Ozone Standard. (South Coast Air
Quality Management District. v. EPA,
472 F.3d 882 (D.C. Cir. 2006)). Petitions
for rehearing were filed with the Court,
and on June 8, 2007, the Court modified
the scope of the vacatur of the Phase 1
rule. See 489 F.3d 1245 (D.C. Cir. 2007),
cert. denied, 128 S.Ct. 1065 (2008). The
Court vacated those portions of the Rule
that provide for regulation of the 1997
8-hour ozone NAAQS nonattainment
areas under Subpart 1 in lieu of Subpart
2 and that allow backsliding with
respect to new source review, penalties,
milestones, contingency plans, and
motor vehicle emission budgets.
Consequently, the Court’s modified
ruling does not alter any requirements
under the Phase 1 implementation rule
for the 1997 8-hour ozone NAAQS for
maintenance plans.
II. Analysis of the State’s Submittals
In this action, EPA is approving the
State’s maintenance plan for the 1997
ozone NAAQS for the area of Victoria
County, Texas because EPA finds that
the Texas submittals meet the
requirements of section 110(a)(1) of the
CAA, EPA’s rule, and are consistent
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48319
with EPA’s guidance. As required, the
submitted plan provides for continued
attainment and maintenance of the 1997
ozone NAAQS in the area for 10 years
from the effective date of the area’s
designation as unclassifiable/attainment
for the 1997 ozone NAAQS, and
includes components illustrating how
the area will continue in attainment of
the 1997 ozone NAAQS and
contingency measures. Our analysis of
the State’s submission is discussed
below.
Section 110(a)(1) of the CAA does not
explicitly state what is required for a
maintenance plan, so the guidance
suggested using CAA section 175A,
which states the requirements for a
maintenance plan, as a guide for states
to use in developing their maintenance
plans. The required components of a
Maintenance Plan under CAA Section
175A include:
(a) An attainment inventory;
(b) A maintenance demonstration;
(c) Ambient air quality monitoring;
(d) A contingency plan, and;
(e) Verification of continued
attainment.
TCEQ has structured this 8-hour
ozone maintenance plan around these
components.
(a) Attainment Inventory—The TCEQ
has selected 2002 as ‘‘the attainment
inventory’’ for purposes of
demonstrating maintenance of the 8hour ozone NAAQS in Victoria County.
An attainment emissions inventory (EI)
includes emissions of VOCs and NOX
during the time period associated with
monitoring data showing attainment.
VOC and NOX emissions are key
components in the formation of ozone.
As recommended by the EPA, the TCEQ
selected 2002 as the attainment
emission inventory base year because it
is one of the three years on which the
8-hour ozone designation was based.
The 2002 VOC and NOX emissions for
the Victoria County area were
developed consistent with EPA
guidance and are summarized in Tables
2 and 3 in the following subsection.
(b) Maintenance Demonstration—The
March 7, 2007, submittal includes a 10year maintenance plan for Victoria
County. The maintenance
demonstration is satisfied if the state
demonstrates that future projected EIs
are consistently less than the 2002
attainment or baseline EI. The final
projection year, 2014, was selected as 10
years from the attainment year of 2004,
and the intermediate year of 2010 was
selected as a mid-point in the 10-year
period to demonstrate continued
reductions. These projected inventories
were developed using EPA-approved
methodologies. Please see the TSD for
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more information on EPA’s review and
evaluation of the State’s methodologies,
modeling, inputs, etc., for developing
the 2010 and 2014 projected emissions
inventories.
As recommended by EPA guidance,
this demonstration:
(i) Shows compliance and
maintenance of the 8-hour ozone
standard by assuring that current and
future emissions of VOC and NOX
remain at or below attainment or
baseline EI of 2002. The year 2002 was
chosen as the baseline and attainment
year because it is one of the most recent
three years (i.e., 2002, 2003, and 2004)
for which Victoria County has clean air
quality data for the 8-hour ozone
standard.
(ii) Uses 2002 as the attainment year
and includes future inventory projected
years for 2010 and 2014.
(iii) Identifies an ‘‘out year’’, at least
10 years after the effective date of
classification as attainment.
(iv) Provides the following actual and
projected emissions inventories for
Victoria County.
TABLE 2—TOTAL VOC EMISSIONS FOR 2002–2014
[tpd]
2002 VOC
Emissions
Source category
2004 VOC
Emissions
2010 VOC
Emissions
Nonroad Mobile .......................................................................................
Area .........................................................................................................
Point .........................................................................................................
Onroad Mobile .........................................................................................
1.21
6.28
2.60
3.29
1.00
6.31
3.10
2.71
0.64
6.85
3.30
1.78
Total ..................................................................................................
13.38
13.12
12.57
2014 VOC
Emissions
0.57
7.23
3.60
1.40
12.8
TABLE 3—TOTAL NOX EMISSIONS FOR 2002–2014
[tpd]
2002 NOX
Emissions
Source category
2004 NOX
Emissions
2010 NOX
Emissions
2014 NOX
Emissions
2.23
2.56
13.00
11.26
2.02
2.65
15.00
9.72
1.77
2.90
16.00
4.86
1.51
3.07
17.00
2.90
Total ..................................................................................................
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Nonroad Mobile .......................................................................................
Area .........................................................................................................
Point .........................................................................................................
Onroad Mobile .........................................................................................
29.05
29.39
25.53
24.48
EPA finds that the future emissions
levels in 2010 and 2014 are not
expected to exceed the emissions levels
in 2002. EPA notes that total NOX
emissions in 2004 were slightly higher
than the base-year but, air quality
monitoring data continued to show
attainment.
(c) Monitoring Network—The method
chosen to verify continued attainment is
the ambient air quality monitoring
network. The ambient air monitoring
sites will remain active at their present
locations during the entire length of the
maintenance plan period (2014) or if
relocated or removed, will be done with
EPA’s concurrence. This data will be
quality controlled and submitted to EPA
AIRS on a monthly basis. The Victoria
County monitoring network consists of
two ambient air monitors. The first
monitor is located in the City of Victoria
(CAMS 87) and is the monitor driving
the area’s design value. The monitors
are managed in accordance with 40 CFR
Part 58, to verify the attainment status
of the county. The second monitor
located southeast of the City of Victoria
(CAMS 602) became operational on July
19, 2000. CAMS 602 is only run half a
year each year and does not meet EPA
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requirements for data completeness for
showing attainment. This additional
monitoring network goes beyond the
required minimum for Victoria County.
Both monitors will be used to detect if
and when levels have been exceeded for
contingency measure triggering
purposes. The State of Texas has
committed in its maintenance plan to
continue operation of an appropriate
ozone monitoring network and to work
with EPA in compliance with 40 CFR
part 58 with regard to the continued
adequacy of the network, if additional
monitoring is needed, and when
monitoring can be discontinued. The
commitment is also to continue quality
assurance according to the EPA
regulations.
(d) Contingency Plan—The 8-Hour
Ozone phase 1 Rule requires the Section
110(a)(1) maintenance plan include
such contingency provisions as
necessary to promptly address any
violation of the NAAQS that occurs. The
contingency plan will ensure that the
contingency measures are adopted
expeditiously once they are triggered.
The maintenance plan should identify
the events that would trigger the
adoption and implementation of a
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contingency measure(s), the
contingency measure(s) that would be
adopted and implemented, and the
schedule indicating the time frame by
which the state would adopt and
implement the measure(s).
The Victoria contingency plan
ensures that the contingency measures
are adopted expeditiously if they are
triggered. A series of early triggers have
been established in order to effectuate
appropriate and timely responses to
indications of a possible future violation
of the NAAQS. Thus, actions will be
taken as follows to avoid a violation and
potential redesignation to
nonattainment.
If Victoria County monitors a threeyear eight-hour ozone average at or
above 82 parts per billion (ppb), the City
of Victoria will institute a voluntary
program with industry to reschedule,
revise, or curtail activities during Ozone
Advisory Days, which are EPA’s
AIRNow Air Quality Index ‘‘Orange
Days,’’ and are at or above 76 ppb. This
program will be developed and
available within 30 days after
notification by the TCEQ that the
contingency measure will be required.
This program will be implemented as
expeditiously as practicable, but no later
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than 24 months after the Texas
Commission on Environmental
Quality’s (TCEQ) notification that the
contingency measure is needed.
If Victoria County monitors an eighthour ozone three-year average at or
above 83 ppb, the TCEQ will work with
the City of Victoria and the local Air
Victoria Team to implement various
voluntary control measures that may
include:
—substantially increasing the number of
businesses notified on Ozone
Advisory Days;
—increasing the number of ozone public
announcements; and
—other voluntary control measures as
identified in a letter from the City of
Victoria, dated September 8, 2009.
In the event that this contingency
measure is triggered, Victoria County
may also be expected to voluntarily
implement further local control
measures, and previous efforts to reduce
ozone may need to be retained. This
program will be developed and
available within 30 days after
notification by the TCEQ that the
contingency measure will be required.
This program will be implemented as
expeditiously as practicable, but no later
than 24 months after verified
monitoring data indicate that the
Victoria County three-year average of
each annual fourth-highest daily
maximum eight-hour ozone average is at
or above 83 ppb.
If air quality monitoring data indicate
three or more exceedances of the 1997
eight-hour ozone NAAQS (measured at
0.08 parts per million) within one
calendar year, the TCEQ will analyze air
quality data, meteorological conditions,
transport, and related factors in Victoria
County to determine the cause of the
exceedances. The TCEQ will notify the
EPA of its findings.
If air quality monitoring data indicate
that Victoria County’s design value
violates the 1997 eight-hour ozone
NAAQS with a monitored value of 85
ppb or above, the TCEQ is committing
to implement specific contingency
measures to promptly correct the
violation. Those to be considered
include but are not limited to the
control measures identified below. In
this maintenance plan, if contingency
measures are triggered, TCEQ is
committing to implement the
appropriate contingency measures as
expeditiously as practicable, but no later
than 24 months after verified air quality
monitoring data indicate that the
Victoria County three-year average of
each annual fourth-highest daily
maximum eight-hour ozone average
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violates the 1997 eight-hour ozone
NAAQS.
Revision to 30 Texas Administrative
Code (TAC) Chapter 117 Subchapter E,
Division 4, to control rich-burn, gasfired, reciprocating internal combustion
engines located in Victoria County to
meet nitrogen oxides (NOX) emission
specifications and other requirements to
reduce NOX emissions and ozone air
pollution.
Inclusion of Victoria County in 30
TAC Chapter 115 volatile organic
compounds (VOC) rules for the control
of crude and condensate storage tanks at
upstream oil and gas exploration and
production sites or midstream pipeline
breakout stations with uncontrolled
flash emissions greater than 25 tons per
year.
Inclusion of Victoria County in 30
TAC Chapter 115 VOC rules for more
stringent controls for tank fittings on
floating roof tanks, such as slotted guide
poles and other openings in internal and
external floating roofs.
Inclusion of Victoria County in 30
TAC Chapter 115 VOC rules limiting
emissions from landings of floating
roofs in floating roof tanks.
Inclusion of Victoria County in 30
TAC Chapter 115 VOC rules for control
of VOC emissions from degassing
operations for storage tanks with a
nominal capacity of 75,000 gallons or
more storing materials with a true vapor
pressure greater than 2.6 pounds per
square inch absolute (psia), or with a
nominal capacity of 250,000 gallons or
more storing materials with a true vapor
pressure of 0.5 psia or greater. Degassing
vapors from storage vessels, transport
vessels, and marine vessels would be
required to vent to a control device until
the VOC concentration of the vapors is
reduced to less than 34,000 parts per
million by volume as methane.
Inclusion of Victoria County in 30
TAC Chapter 114 rule for Texas Low
Emission Diesel (TxLED) compliant
marine diesel.
The maintenance plan also identifies
other potential measures deemed
appropriate at the time as a result of
advances in control technologies. These
contingency measures and schedules for
implementation satisfy EPA’s longstanding guidance on the requirements
of section 110(a)(1) of continued
attainment. Based on the above, we find
that the contingency measures provided
in the State’s Victoria County 8-hour
Ozone maintenance plan are sufficient
and meet the requirements of section
110(a)(1) of the CAA.
(e) Verification of Continued
Attainment—To guarantee that
attainment will be continued in the
future, the State commits in the
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48321
maintenance plan to track the progress
of the maintenance plan by providing
the EPA with an interim emissions
inventory report for point, area, mobile
and biogenic emissions of VOCs and CO
in the Victoria area. In addition, Texas
commits to verify the 8-hour ozone
status through appropriate ambient air
quality monitoring, and to quality
assure air quality monitoring data
according to federal requirements. Texas
further demonstrates that it has the legal
authority to implement and enforce all
air quality measures needed to attain
and maintain the 1997 8-hour ozone
NAAQS.
III. Final Action
The TCEQ submitted the 1997 8-hour
ozone NAAQS maintenance plan for
Victoria County to EPA on March 7,
2007 with revisions on July 28, 2010.
EPA is approving these maintenance
plan SIP revisions for Victoria County as
meeting the requirements of CAA
Section 110(a)(1) and EPA’s regulations
and being consistent with EPA
guidance. We have evaluated the State’s
submittal and have determined that it
meets the applicable requirements of the
Clean Air Act and EPA regulations, and
is consistent with EPA policy.
Therefore, we are approving the request
of TCEQ to revise the SIP for the
Victoria County 8-hour ozone area.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial 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 October 7, 2013 without
further notice unless we receive adverse
comment by September 9, 2013. If we
receive adverse comments, 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 now. Please note that if we
receive 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.
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this action 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 October 7, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Nitrogen dioxides, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: July 19, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270, the second table in
paragraph (e) entitled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP,’’
is amended by adding an entry at the
end of the table to read as follows:
■
§ 52.2270.
Identification of plan.
*
*
*
(e) * * *
*
*
*
*
*
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or
nonattainment area
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
Victoria County 1997 8-Hour
Victoria, TX ............................
Ozone Maintenance Plan.
*
*
*
*
State
submittal/
effective
date
*
7/28/2010
EPA approval date
*
8/8/2013 [Insert FR page
number where document
begins].
*
[FR Doc. 2013–18885 Filed 8–7–13; 8:45 am]
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Comments
*
*
Agencies
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48318-48322]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18885]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0356; FRL--9842-6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Victoria County, 1997 8-Hour Ozone Section 110 (a)(1)
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action approving revisions to the
Texas State Implementation Plan (SIP). The submitted revisions include
a maintenance plan for Victoria County, Texas, developed to ensure
continued attainment of the 1997 8-hour National Ambient Air Quality
Standard (NAAQS or standard). The Maintenance Plan meets the
requirements of Section 110(a)(1) of the Federal Clean Air Act (CAA or
Act), EPA's rules, and is consistent with EPA's guidance. On March 12,
2008, EPA issued a revised ozone standard. Today's action is being
taken to address requirements under the 1997 ozone standard. EPA is
approving the revision pursuant to section 110 of the CAA.
DATES: This rule is effective on October 7, 2013 without further
notice, unless EPA receives relevant adverse comment by September 9,
2013. 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 No. EPA-R06-OAR-
2007-0356, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 Contact Us Web site: https://epa.gov/region6/r6coment.htm. Please click on ''6PD'' (Multimedia) and select ''Air''
before submitting comments.
Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, 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 8:00 a.m. and 4:00 p.m. weekdays
except for legal holidays. Special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0356. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy 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
State Air Agency listed below 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: Kenneth W. Boyce, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7259; fax number
214-665-7263; email address boyce.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
[[Page 48319]]
I. Background
On March 3, 1978, under the 1977 Clean Air Act (CAA) amendments,
Victoria County, Texas, was designated a nonattainment area because it
did not meet the National Ambient Air Quality Standards (NAAQS) for 1-
hour ozone (43 FR 8962). As required by the CAA, the state of Texas
submitted a State Implementation Plan (SIP) to the EPA in 1979. This
SIP outlined control measures to bring the area into attainment for the
1-hour ozone NAAQS. This SIP was approved by EPA in two actions, one in
March 25, 1980 (45 FR 19231) and another in August 13, 1984 (49 FR
32180). An additional SIP revision for Victoria County was submitted to
EPA on November 12, 1992. This submission revised the air monitoring,
reporting and record keeping requirements for VOC sources and was
approved by EPA on March 7, 1995 (60 FR 12438).
On July 27, 1994, Texas submitted a request to redesignate Victoria
County to attainment for the 1-hour ozone NAAQS. At the same time,
Texas submitted the required ozone monitoring data and a maintenance
plan to ensure the area would remain in attainment for ozone for a
period of 10 years. The maintenance plan submitted by Texas followed
EPA guidance for limited maintenance areas, which provides relief for
ozone areas that have design values less than 85% of the applicable
standard. In this case, the applicable standard was the 1-hour ozone
standard of 0.12 parts per million (ppm). At the time of the
redesignation request, the design value for Victoria County was 0.100
ppm, well below the 85% threshold of 0.106 ppm. EPA approved Texas's
request to redesignate to attainment Victoria County for the 1-hour
ozone NAAQS and the maintenance plan on March 7, 1995, with an
effective date of May 8, 1995 (60 FR 12453).
Section 175A(b) of the CAA as amended in 1990 requires the state to
submit a subsequent maintenance plan to EPA eight years after
designation to attainment. The eight-year deadline for submittal was
May 8, 2003. The state adopted a maintenance plan on February 5, 2003,
and submitted the plan to EPA on February 18, 2003. EPA approved the
maintenance plan revision on January 3, 2005 (70 FR 22). This
submission satisfied the CAA requirement for the Victoria County 1-hour
ozone area.
On April 30, 2004, EPA designated and classified areas for the 1997
8-hour ozone NAAQS, and published the final phase 1 rule for
implementation of the 1997 8-hour ozone NAAQS (69 FR 23951). Victoria
County was designated as attainment/unclassifiable for the 1997 8-hour
ozone standard, effective June 15, 2004 (69 FR 23858), and was required
to submit a 10-year maintenance plan under section 110(a)(1) of the
1990 CAA Amendments and the phase 1 rule. On May 20, 2005, EPA issued
guidance providing information regarding how a state might fulfill the
maintenance plan obligation established by the Act and the Phase 1 rule
(Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance
Plan Guidance Document for Certain 8-hour Ozone Areas Under Section
110(a)(1) of Clean Air Act, May 20, 2005).
On March 7, 2007, TCEQ submitted a SIP revision to address the
110(a)(1) requirements. On July 28, 2010, Texas submitted a revision to
the contingency portion of the Maintenance Plan. These submitted SIP
revisions are intended to satisfy the section 110(a)(1) CAA
requirements for Victoria County 1997 8-hour ozone area. This SIP
revision satisfies the section 110(a)(1) CAA requirements for a plan
that provides for implementation, maintenance, and enforcement of the
1997 8-hour ozone NAAQS in the Victoria County, Texas, area.
On December 22, 2006, the United States Court of Appeals for the
District of Columbia Circuit issued an opinion that vacated EPA's Phase
1 Implementation Rule for the 1997 8-Hour Ozone Standard. (South Coast
Air Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir.
2006)). Petitions for rehearing were filed with the Court, and on June
8, 2007, the Court modified the scope of the vacatur of the Phase 1
rule. See 489 F.3d 1245 (D.C. Cir. 2007), cert. denied, 128 S.Ct. 1065
(2008). The Court vacated those portions of the Rule that provide for
regulation of the 1997 8-hour ozone NAAQS nonattainment areas under
Subpart 1 in lieu of Subpart 2 and that allow backsliding with respect
to new source review, penalties, milestones, contingency plans, and
motor vehicle emission budgets. Consequently, the Court's modified
ruling does not alter any requirements under the Phase 1 implementation
rule for the 1997 8-hour ozone NAAQS for maintenance plans.
II. Analysis of the State's Submittals
In this action, EPA is approving the State's maintenance plan for
the 1997 ozone NAAQS for the area of Victoria County, Texas because EPA
finds that the Texas submittals meet the requirements of section
110(a)(1) of the CAA, EPA's rule, and are consistent with EPA's
guidance. As required, the submitted plan provides for continued
attainment and maintenance of the 1997 ozone NAAQS in the area for 10
years from the effective date of the area's designation as
unclassifiable/attainment for the 1997 ozone NAAQS, and includes
components illustrating how the area will continue in attainment of the
1997 ozone NAAQS and contingency measures. Our analysis of the State's
submission is discussed below.
Section 110(a)(1) of the CAA does not explicitly state what is
required for a maintenance plan, so the guidance suggested using CAA
section 175A, which states the requirements for a maintenance plan, as
a guide for states to use in developing their maintenance plans. The
required components of a Maintenance Plan under CAA Section 175A
include:
(a) An attainment inventory;
(b) A maintenance demonstration;
(c) Ambient air quality monitoring;
(d) A contingency plan, and;
(e) Verification of continued attainment.
TCEQ has structured this 8-hour ozone maintenance plan around these
components.
(a) Attainment Inventory--The TCEQ has selected 2002 as ``the
attainment inventory'' for purposes of demonstrating maintenance of the
8-hour ozone NAAQS in Victoria County. An attainment emissions
inventory (EI) includes emissions of VOCs and NOX during the
time period associated with monitoring data showing attainment. VOC and
NOX emissions are key components in the formation of ozone.
As recommended by the EPA, the TCEQ selected 2002 as the attainment
emission inventory base year because it is one of the three years on
which the 8-hour ozone designation was based. The 2002 VOC and
NOX emissions for the Victoria County area were developed
consistent with EPA guidance and are summarized in Tables 2 and 3 in
the following subsection.
(b) Maintenance Demonstration--The March 7, 2007, submittal
includes a 10-year maintenance plan for Victoria County. The
maintenance demonstration is satisfied if the state demonstrates that
future projected EIs are consistently less than the 2002 attainment or
baseline EI. The final projection year, 2014, was selected as 10 years
from the attainment year of 2004, and the intermediate year of 2010 was
selected as a mid-point in the 10-year period to demonstrate continued
reductions. These projected inventories were developed using EPA-
approved methodologies. Please see the TSD for
[[Page 48320]]
more information on EPA's review and evaluation of the State's
methodologies, modeling, inputs, etc., for developing the 2010 and 2014
projected emissions inventories.
As recommended by EPA guidance, this demonstration:
(i) Shows compliance and maintenance of the 8-hour ozone standard
by assuring that current and future emissions of VOC and NOX
remain at or below attainment or baseline EI of 2002. The year 2002 was
chosen as the baseline and attainment year because it is one of the
most recent three years (i.e., 2002, 2003, and 2004) for which Victoria
County has clean air quality data for the 8-hour ozone standard.
(ii) Uses 2002 as the attainment year and includes future inventory
projected years for 2010 and 2014.
(iii) Identifies an ``out year'', at least 10 years after the
effective date of classification as attainment.
(iv) Provides the following actual and projected emissions
inventories for Victoria County.
Table 2--Total VOC Emissions for 2002-2014
[tpd]
----------------------------------------------------------------------------------------------------------------
2002 VOC 2004 VOC 2010 VOC 2014 VOC
Source category Emissions Emissions Emissions Emissions
----------------------------------------------------------------------------------------------------------------
Nonroad Mobile.................................. 1.21 1.00 0.64 0.57
Area............................................ 6.28 6.31 6.85 7.23
Point........................................... 2.60 3.10 3.30 3.60
Onroad Mobile................................... 3.29 2.71 1.78 1.40
---------------------------------------------------------------
Total....................................... 13.38 13.12 12.57 12.8
----------------------------------------------------------------------------------------------------------------
Table 3--Total NOX Emissions for 2002-2014
[tpd]
----------------------------------------------------------------------------------------------------------------
2002 NOX 2004 NOX 2010 NOX 2014 NOX
Source category Emissions Emissions Emissions Emissions
----------------------------------------------------------------------------------------------------------------
Nonroad Mobile.................................. 2.23 2.02 1.77 1.51
Area............................................ 2.56 2.65 2.90 3.07
Point........................................... 13.00 15.00 16.00 17.00
Onroad Mobile................................... 11.26 9.72 4.86 2.90
---------------------------------------------------------------
Total....................................... 29.05 29.39 25.53 24.48
----------------------------------------------------------------------------------------------------------------
EPA finds that the future emissions levels in 2010 and 2014 are not
expected to exceed the emissions levels in 2002. EPA notes that total
NOX emissions in 2004 were slightly higher than the base-
year but, air quality monitoring data continued to show attainment.
(c) Monitoring Network--The method chosen to verify continued
attainment is the ambient air quality monitoring network. The ambient
air monitoring sites will remain active at their present locations
during the entire length of the maintenance plan period (2014) or if
relocated or removed, will be done with EPA's concurrence. This data
will be quality controlled and submitted to EPA AIRS on a monthly
basis. The Victoria County monitoring network consists of two ambient
air monitors. The first monitor is located in the City of Victoria
(CAMS 87) and is the monitor driving the area's design value. The
monitors are managed in accordance with 40 CFR Part 58, to verify the
attainment status of the county. The second monitor located southeast
of the City of Victoria (CAMS 602) became operational on July 19, 2000.
CAMS 602 is only run half a year each year and does not meet EPA
requirements for data completeness for showing attainment. This
additional monitoring network goes beyond the required minimum for
Victoria County. Both monitors will be used to detect if and when
levels have been exceeded for contingency measure triggering purposes.
The State of Texas has committed in its maintenance plan to continue
operation of an appropriate ozone monitoring network and to work with
EPA in compliance with 40 CFR part 58 with regard to the continued
adequacy of the network, if additional monitoring is needed, and when
monitoring can be discontinued. The commitment is also to continue
quality assurance according to the EPA regulations.
(d) Contingency Plan--The 8-Hour Ozone phase 1 Rule requires the
Section 110(a)(1) maintenance plan include such contingency provisions
as necessary to promptly address any violation of the NAAQS that
occurs. The contingency plan will ensure that the contingency measures
are adopted expeditiously once they are triggered. The maintenance plan
should identify the events that would trigger the adoption and
implementation of a contingency measure(s), the contingency measure(s)
that would be adopted and implemented, and the schedule indicating the
time frame by which the state would adopt and implement the measure(s).
The Victoria contingency plan ensures that the contingency measures
are adopted expeditiously if they are triggered. A series of early
triggers have been established in order to effectuate appropriate and
timely responses to indications of a possible future violation of the
NAAQS. Thus, actions will be taken as follows to avoid a violation and
potential redesignation to nonattainment.
If Victoria County monitors a three-year eight-hour ozone average
at or above 82 parts per billion (ppb), the City of Victoria will
institute a voluntary program with industry to reschedule, revise, or
curtail activities during Ozone Advisory Days, which are EPA's AIRNow
Air Quality Index ``Orange Days,'' and are at or above 76 ppb. This
program will be developed and available within 30 days after
notification by the TCEQ that the contingency measure will be required.
This program will be implemented as expeditiously as practicable, but
no later
[[Page 48321]]
than 24 months after the Texas Commission on Environmental Quality's
(TCEQ) notification that the contingency measure is needed.
If Victoria County monitors an eight-hour ozone three-year average
at or above 83 ppb, the TCEQ will work with the City of Victoria and
the local Air Victoria Team to implement various voluntary control
measures that may include:
--substantially increasing the number of businesses notified on Ozone
Advisory Days;
--increasing the number of ozone public announcements; and
--other voluntary control measures as identified in a letter from the
City of Victoria, dated September 8, 2009.
In the event that this contingency measure is triggered, Victoria
County may also be expected to voluntarily implement further local
control measures, and previous efforts to reduce ozone may need to be
retained. This program will be developed and available within 30 days
after notification by the TCEQ that the contingency measure will be
required. This program will be implemented as expeditiously as
practicable, but no later than 24 months after verified monitoring data
indicate that the Victoria County three-year average of each annual
fourth-highest daily maximum eight-hour ozone average is at or above 83
ppb.
If air quality monitoring data indicate three or more exceedances
of the 1997 eight-hour ozone NAAQS (measured at 0.08 parts per million)
within one calendar year, the TCEQ will analyze air quality data,
meteorological conditions, transport, and related factors in Victoria
County to determine the cause of the exceedances. The TCEQ will notify
the EPA of its findings.
If air quality monitoring data indicate that Victoria County's
design value violates the 1997 eight-hour ozone NAAQS with a monitored
value of 85 ppb or above, the TCEQ is committing to implement specific
contingency measures to promptly correct the violation. Those to be
considered include but are not limited to the control measures
identified below. In this maintenance plan, if contingency measures are
triggered, TCEQ is committing to implement the appropriate contingency
measures as expeditiously as practicable, but no later than 24 months
after verified air quality monitoring data indicate that the Victoria
County three-year average of each annual fourth-highest daily maximum
eight-hour ozone average violates the 1997 eight-hour ozone NAAQS.
Revision to 30 Texas Administrative Code (TAC) Chapter 117
Subchapter E, Division 4, to control rich-burn, gas-fired,
reciprocating internal combustion engines located in Victoria County to
meet nitrogen oxides (NOX) emission specifications and other
requirements to reduce NOX emissions and ozone air
pollution.
Inclusion of Victoria County in 30 TAC Chapter 115 volatile organic
compounds (VOC) rules for the control of crude and condensate storage
tanks at upstream oil and gas exploration and production sites or
midstream pipeline breakout stations with uncontrolled flash emissions
greater than 25 tons per year.
Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for
more stringent controls for tank fittings on floating roof tanks, such
as slotted guide poles and other openings in internal and external
floating roofs.
Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules
limiting emissions from landings of floating roofs in floating roof
tanks.
Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for
control of VOC emissions from degassing operations for storage tanks
with a nominal capacity of 75,000 gallons or more storing materials
with a true vapor pressure greater than 2.6 pounds per square inch
absolute (psia), or with a nominal capacity of 250,000 gallons or more
storing materials with a true vapor pressure of 0.5 psia or greater.
Degassing vapors from storage vessels, transport vessels, and marine
vessels would be required to vent to a control device until the VOC
concentration of the vapors is reduced to less than 34,000 parts per
million by volume as methane.
Inclusion of Victoria County in 30 TAC Chapter 114 rule for Texas
Low Emission Diesel (TxLED) compliant marine diesel.
The maintenance plan also identifies other potential measures
deemed appropriate at the time as a result of advances in control
technologies. These contingency measures and schedules for
implementation satisfy EPA's long-standing guidance on the requirements
of section 110(a)(1) of continued attainment. Based on the above, we
find that the contingency measures provided in the State's Victoria
County 8-hour Ozone maintenance plan are sufficient and meet the
requirements of section 110(a)(1) of the CAA.
(e) Verification of Continued Attainment--To guarantee that
attainment will be continued in the future, the State commits in the
maintenance plan to track the progress of the maintenance plan by
providing the EPA with an interim emissions inventory report for point,
area, mobile and biogenic emissions of VOCs and CO in the Victoria
area. In addition, Texas commits to verify the 8-hour ozone status
through appropriate ambient air quality monitoring, and to quality
assure air quality monitoring data according to federal requirements.
Texas further demonstrates that it has the legal authority to implement
and enforce all air quality measures needed to attain and maintain the
1997 8-hour ozone NAAQS.
III. Final Action
The TCEQ submitted the 1997 8-hour ozone NAAQS maintenance plan for
Victoria County to EPA on March 7, 2007 with revisions on July 28,
2010. EPA is approving these maintenance plan SIP revisions for
Victoria County as meeting the requirements of CAA Section 110(a)(1)
and EPA's regulations and being consistent with EPA guidance. We have
evaluated the State's submittal and have determined that it meets the
applicable requirements of the Clean Air Act and EPA regulations, and
is consistent with EPA policy. Therefore, we are approving the request
of TCEQ to revise the SIP for the Victoria County 8-hour ozone area.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial 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 October 7, 2013
without further notice unless we receive adverse comment by September
9, 2013. If we receive adverse comments, 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 now. Please note that if we receive 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.
[[Page 48322]]
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action 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 October 7, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 19, 2013.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270, the second table in paragraph (e) entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP,'' is amended by adding an entry at the end of the table to
read as follows:
Sec. 52.2270. Identification of plan.
* * * * *
(e) * * *
* * * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Victoria County 1997 8-Hour Ozone Victoria, TX....... 7/28/2010 8/8/2013 [Insert FR
Maintenance Plan. page number where
document begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-18885 Filed 8-7-13; 8:45 am]
BILLING CODE 6560-50-P