Approval and Promulgation of Implementation Plans; Texas; Revisions to the General Definitions for Texas Air Quality Rules, 26596-26599 [2017-11903]
Download as PDF
26596
Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0464; FRL–9962–23–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the General Definitions
for Texas Air Quality Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (the Act or CAA), the
Environmental Protection Agency (EPA)
is approving revisions of the Texas State
Implementation Plan (SIP) pertaining to
EPA’s latest definition of volatile
organic compounds (VOC), aligning the
lead reporting threshold with the EPA’s
Annual Emissions Reporting Rule
(AERR), shortening the distance from
the shoreline for applicable offshore
sources to report an emission inventory,
and revising terminology and
definitions for clarity or consistency
with the EPA’s AERR.
DATES: This rule is effective on
September 6, 2017, unless EPA receives
relevant adverse comments by July 10,
2017. If EPA receives relevant adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2016–0464, at https://
www.regulations.gov or via email to
salem.nevine@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact Ms. Nevine Salem, (214) 665–
7222, salem.nevine@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:16 Jun 07, 2017
Jkt 241001
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Nevine Salem, (214) 665–7222,
salem.nevine@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Nevine Salem or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
On July 28, 2016, Texas Commission
on Environmental Quality (TCEQ)
submitted a SIP revision to EPA for
review and approval. The SIP revisions
include amendments to 30 TAC Section
101.1 and 101.10 in 30 TAC Chapter
101, General Air Quality Rules,
Subchapter A, General Rules and
corresponding revisions to the State
Implementation Plan (SIP). The
submitted revisions are described
below:
1. Definitions Updates—TAC Chapter
101, Section 101.1
EPA periodically revises the list of
negligibly reactive compounds to add or
delete organic volatile compounds
(VOC) from regulation on the basis that
these compounds make a negligible
contribution to tropospheric ozone 1
1 Tropospheric ozone, commonly known as smog,
is formed when VOCs and nitrogen oxides (NOX)
react in the atmosphere in the presence of sunlight.
Because of the harmful health effects of ozone, the
EPA and state governments limit the amount of
VOCs that can be released into the atmosphere.
VOCs are those organic compounds of carbon that
form ozone through atmospheric photochemical
reactions. Different VOCs have different levels of
reactivity. That is, they do not react to form ozone
at the same speed or do not form ozone to the same
extent. Some VOCs react slowly or form less ozone;
therefore, changes in their emissions have less and,
in some cases, very limited effects on local or
regional ozone pollution episodes. It has been the
EPA’s policy that organic compounds with a
negligible level of reactivity should be excluded
from the regulatory VOC definition so as to focus
VOC control efforts on compounds that do
significantly increase ozone concentrations. The
EPA also believes that exempting such compounds
creates an incentive for industry to use negligibly
reactive compounds in place of more highly
reactive compounds that are regulated as VOCs.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
formation. Section 302(s) of the CAA
specifies that the EPA has the authority
to define the meaning of ‘‘VOC,’’ and
hence what compounds shall be treated
as VOCs for regulatory purposes. The
policy of excluding negligibly reactive
compounds from the VOC definition
was first set forth in the ‘‘Recommended
Policy on Control of Volatile Organic
Compounds’’ (42 FR 35314, July 8,
1977) and was supplemented most
recently with the ‘‘Interim Guidance on
Control of Volatile Organic Compounds
in Ozone State Implementation Plans’’
(Interim Guidance) (70 FR 54046,
September 13, 2005). The EPA uses the
reactivity of ethane as the threshold for
determining whether a compound has
negligible reactivity. Compounds that
are less reactive than, or equally reactive
to, ethane under certain assumed
conditions may be deemed negligibly
reactive and therefore suitable for
exemption from the regulatory
definition of VOC. Compounds that are
more reactive than ethane continue to
be considered VOCs for regulatory
purposes and therefore are subject to
control requirements. The selection of
ethane as the threshold compound was
based on a series of smog chamber
experiments that underlay the 1977
policy.
The EPA lists compounds that it has
determined to be negligibly reactive in
its regulations as being excluded from
the definition of VOC. (40 CFR
51.100(s)). The specific organic
compounds that will be excluded from
TCEQ’s definition of VOC that is in the
SIP with this revision include: trans1,3,3,3-tetrafluoropropene; 2,3,3,3tertrafluropropene,2 HCF2OCF2H (HFE134); HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-338pcc13);
HCF2OCF2OCF2CF2OCF2OCF2H
(H-Galden 1040x or H-Galden ZT
130(or150 or 180)),3 trans- 1-chloro3,3,3-trifluoroprop-1-ene,4 and 2-amino2-methyl-1-propanol,5 Texas is updating
its SIP to be consistent with current EPA
definitions to provide clarity and
consistency for owners and operators of
sources subject to TCEQ rules regarding
VOC control.
2 See 78 FR 62451, October 22, 2013—Exclusion
of trans-1&2, 3,3,3,-tetrafluoropropene.
3 See 78 FR 9823, February 12, 2013—Exclusion
of group of four Hydrofluoropolyethers (HPEPs).
4 See 78 FR 53029, August 28, 2013—Exclusion
of trans 1-Chloro-3,3,3 trifluoroprop-1-ene.
5 See 79 FR 17037, March 27, 2014—Exclusion of
2-amino-2-methyl-1-propanol.
E:\FR\FM\08JNR1.SGM
08JNR1
Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
2. Emission Inventory Requirements in
TAC Chapter 101, Section 101.10
A. Lead Reporting Threshold
On February 6, 2015 (80 FR 8787), the
EPA finalized revisions to 40 Code of
Federal Regulations (CFR) Part 51,
Subpart A, Air Emissions Reporting
Rule (AERR) and in 40 CFR 51.122 that
lowered the lead (Pb) point source
reporting threshold to 0.5 tons per year
(tpy). The purpose of this change was to
match requirements of the Pb Ambient
Air Monitoring Requirements rule (75
FR 81126), which required monitoring
agencies to install and operate sourceoriented ambient monitors near Pb
sources emitting 0.50 tpy or more by
December 27, 2011. With this action, the
EPA lowered the point source threshold
for Pb emissions to 0.5 tons per year
(tpy) of actual emissions. The current
TCEQ emissions inventory (EI) reporting
rule at 30 TAC Section 101.10 in the SIP
(and previous version of the AERR)
language requires a source to submit an
EI if it has 10 tpy or more of actual or
25 tpy or more of potential lead
emissions. Currently, the data needed to
meet the new EPA lead reporting
threshold requirement are collected
under TCEQ’s special inventory 6 which
requires TCEQ to annually identify and
contact these sources for an inventory.
This revision for lowering the lead
reporting threshold aligns 30 TAC
Section 101.10 with the reporting
requirements in the EPA’s AERR (40
CFR part 51) and would require sources
to self-identify and report a full and
complete EI annually if they emit 0.5
tpy or more of lead.
asabaliauskas on DSKBBXCHB2PROD with RULES
B. Off-Shore Emission Inventory
Reporting Requirement
Under the current SIP, sources within
25 statute 7 miles from the shoreline are
required to submit an EI if the source
meets one of the reporting threshold in
30 TAC Section 101.10. TCEQ proposed
amendment shortens the applicable
distance for a site on waters from 25
statute miles to 9.0 nautical 8 miles (10.4
6 Special Inventories: Any person owing or
operating a source of air emissions which is or
could be affected by any rule or regulation of the
commission (TCEQ) shall file emissions-related
data with the commission (upon request by the
executive director or a designated representative of
the commission) as necessary data may take special
procedure arrangements with the Emissions
Assessments Section to submit data separate from
routine emission inventory submissions or other
arrangements as necessary to support claims of
confidentiality.
7 Statute mile = 1 mile (1.6 kilometer).
8 A nautical mile is based on the circumference
of the earth, and is equal to one minute of latitude.
It is slightly more than a statute (land measured)
mile (1 nautical mile = 1.1508 statute miles).
Nautical miles are used for charting and navigating.
VerDate Sep<11>2014
16:16 Jun 07, 2017
Jkt 241001
statute miles) from the shoreline.9
Texas’ territorial waters only extend 9.0
nautical miles. At this time, no sites
located between 9.0 nautical miles and
25 statute miles from the shoreline are
reporting EIs to Texas. If a site existing
between 9.0 nautical miles and 25
statute miles from shore should be
required to report in the future, this site
would be captured in a federal EI. This
revision to align Texas rules with the
current federal regulations found in 40
CFR part 51 will clarify requirements in
30 TAC Section 101.10 and change
applicability to sources that are within
9.0 nautical miles of the shoreline in
accordance with state and federal
jurisdiction over offshore sources.
C. Definition and Terminology
Revisions
a. 30 TAC Section 101.10(a) requires
an inventory to be submitted on forms
or other media. The commission
adopted amendment removes the
redundant phrase ‘‘forms or other’’ from
this subsection. The phrase ‘‘media’’
succinctly covers this requirement.
b. Currently, the data needed to meet
the new EPA lead reporting threshold
requirement as discussed previously are
collected under the special inventory
requirement in the SIP’s subsection
(b)(2) and (3). The amendment in
TCEQ’s revision makes the requirement
clear to the community and does not
require the agency to rely on the special
inventory provision to collect data that
is reported annually.
c. All owners or operators of accounts
continuing to meet the SIP’s reporting
requirements in subsection (a) are
required to annually update their EI.
The amendment adds subsection (a)(5)
to the list of applicability requirements
listed in subsection (b)(2) that are
required to submit an annual emissions
inventory update (AEIU). This addition
includes the adopted inclusion of the
new lead reporting requirement to this
existing requirement.
d. An amendment in subsection (a)(5)
to change the units from ‘‘tons’’ to ‘‘tpy’’
to more clearly define the period over
which the emissions are calculated. An
annual time-period has always been
assumed for this applicability by the
State and EPA but the amendment is to
clarify.
e. The term ‘‘microns’’ is changed to
‘‘micrometers’ in the adoption to align
language in 30 TAC Section 101.10(b)(1)
with the reporting rule in AERR. In
applied sciences, a micron is commonly
accepted alternative term to micrometer,
and thus, the adopted amendment has
no effect on the population of sources
9 43
PO 00000
U.S.C. 1301.
Frm 00027
Fmt 4700
Sfmt 4700
26597
required to report an EI or on the
methodology for estimating emissions.
f. Particulate matter with aerodynamic
diameter less than or equal to 2.5
micrometers (PM2.5) is added to the list
of contaminants that shall be reported in
the EI under subsection (b). The list
includes the phrase ‘‘any other
contaminants’’, PM2.5 is subject to the
NAAQS and is already required for
inclusion in an EI. However, specifically
listing PM2.5 clarifies the reporting
requirement and does not change any
existing reporting requirement to the
agency.
g. A second certifying statement has
been added as 30 TAC Section
101.10(d)(2). Texas Health and Safety
Code (THSC), Section 382.0215(f)
requires that an owner or operator that
is required to submit an EI and had no
emissions events during the reporting
year must include as part of the
inventory a statement to this effect. The
EI update process and reporting forms
already include this certifying
statement. An EI cannot be considered
completed or for electronically
submitted accounts, submitted without
either completing this certification or
submitting emissions event data. The
amendments do not change this practice
nor the wording in the certifying
statement on the EI; it only includes the
existing practice, which is required by
THSC Section 382.0215 and reflected in
30 TAC Section 101.10.
II. The EPA’s Evaluation
On July 28, 2016, TCEQ submitted SIP
revisions to EPA for review and
approval. The revisions amend
Emission Inventory and General Air
Quality rules in 30 TAC Chapter 101.
The amended rules will incorporate
EPA’s latest finalized definitions of VOC
compounds, align the lead reporting
threshold with the AERR, shorten the
distance from the shoreline for
applicable offshore sources to report an
emission inventory, and revise
terminology and definitions for clarity
and consistency with the EPA’s AERR.
These changes are consistent with
section 110 of the CAA and meet the
regulatory requirements pertaining to
the SIPs.
III. Final Action
Pursuant to section 110 of the CAA,
EPA is approving the SIP revisions
TCEQ submitted to EPA regarding the
above revisions to 30 TAC Chapter 101
Emissions Inventory and General
Definitions update. These revisions are
consistent with section 110 of the CAA
and meet the regulatory requirements
pertaining to SIPs.
E:\FR\FM\08JNR1.SGM
08JNR1
26598
Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipate no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective
September 6, 2017 without further
notice unless the Agency receives
relevant adverse comments by July 10,
2017. If EPA receives relevant adverse
comments, EPA will publish a timely
withdrawal of the rule in the Federal
Register and inform the public that the
rule will not take effect.
IV. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Texas regulations as
described in the Final Action section
above. We have made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
V. Statutory and Executive Order
Reviews
Under the CAA, 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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 CAA; 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Samuel Coleman was designated the
Acting Regional Administrator on May
24, 2017 through the order of succession
outlined in Regional Order R6–1110.13,
a copy of which is included in the
docket for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 24, 2017.
Samuel Coleman,
Acting 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(c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by revising the
entries for Sections 101.1and 101.10.
The revisions read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal date
Title/subject
*
*
EPA approval date
*
*
Explanation
*
*
Chapter 101—General Air Quality Regulations
asabaliauskas on DSKBBXCHB2PROD with RULES
Subchapter A—General Rules
Section 101.1 ............
Definitions ...........................
7/6/2016
6/8/2017, [Insert Federal Register citation].
*
Section 101.10 ..........
*
*
Emissions Inventory Requirements.
*
*
*
6/8/2017, [Insert Federal Register citation].
*
7/6/2016
*
*
*
VerDate Sep<11>2014
*
16:16 Jun 07, 2017
*
Jkt 241001
PO 00000
Frm 00028
Fmt 4700
*
Sfmt 4700
E:\FR\FM\08JNR1.SGM
*
08JNR1
Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
*
*
*
*
I. General Information
*
[FR Doc. 2017–11903 Filed 6–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0036; FRL–9961–29]
Triclopyr; Pesticide Tolerances for
Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
time-limited tolerances for residues of
triclopyr in or on sugarcane. This action
is in response to EPA’s granting of an
emergency exemption under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on sugarcane. This regulation
establishes a maximum permissible
level for residues of triclopyr in or on
this commodity. The time-limited
tolerance will expire on December 31,
2020.
DATES: This regulation is effective June
8, 2017. Objections and requests for
hearings must be received on or before
August 7, 2017, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0036 is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:16 Jun 07, 2017
Jkt 241001
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the OCSPP test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2017–0036 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before August 7, 2017. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
26599
by docket ID number EPA–HQ–OPP–
2017–0036, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Background and Statutory Findings
EPA, on its own initiative, in
accordance with FFDCA sections 408(e)
and 408(l)(6) of, 21 U.S.C. 346a(e) and
346a(1)(6), is establishing a time-limited
tolerance for residues of triclopyr (2[(3,5,6-trichloro-2-pyridinyl)oxy]acetic
acid), including its metabolites and
degradates in or on sugarcane, cane at
40 parts per million (ppm). This timelimited tolerance will expire on
December 31, 2020.
Section 408(l)(6) of FFDCA requires
EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under FIFRA section 18. Such
tolerances can be established without
providing notice or period for public
comment. EPA does not intend for its
actions on FIFRA section 18 related
time-limited tolerances to set binding
precedents for the application of FFDCA
section 408 and the safety standard to
other tolerances and exemptions.
Section 408(e) of FFDCA allows EPA to
establish a tolerance or an exemption
from the requirement of a tolerance on
its own initiative, i.e., without having
received any petition from an outside
party.
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
E:\FR\FM\08JNR1.SGM
08JNR1
Agencies
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26596-26599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11903]
[[Page 26596]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0464; FRL-9962-23-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to the General Definitions for Texas Air Quality Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (the Act or CAA), the
Environmental Protection Agency (EPA) is approving revisions of the
Texas State Implementation Plan (SIP) pertaining to EPA's latest
definition of volatile organic compounds (VOC), aligning the lead
reporting threshold with the EPA's Annual Emissions Reporting Rule
(AERR), shortening the distance from the shoreline for applicable
offshore sources to report an emission inventory, and revising
terminology and definitions for clarity or consistency with the EPA's
AERR.
DATES: This rule is effective on September 6, 2017, unless EPA receives
relevant adverse comments by July 10, 2017. If EPA receives relevant
adverse comments, EPA will publish a timely withdrawal of the rule in
the Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0464, at https://www.regulations.gov or via email to
salem.nevine@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the Web, cloud, or other file sharing system). For
additional submission methods, please contact Ms. Nevine Salem, (214)
665-7222, salem.nevine@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem, (214) 665-7222,
salem.nevine@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Nevine Salem or Mr. Bill Deese at 214-
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On July 28, 2016, Texas Commission on Environmental Quality (TCEQ)
submitted a SIP revision to EPA for review and approval. The SIP
revisions include amendments to 30 TAC Section 101.1 and 101.10 in 30
TAC Chapter 101, General Air Quality Rules, Subchapter A, General Rules
and corresponding revisions to the State Implementation Plan (SIP). The
submitted revisions are described below:
1. Definitions Updates--TAC Chapter 101, Section 101.1
EPA periodically revises the list of negligibly reactive compounds
to add or delete organic volatile compounds (VOC) from regulation on
the basis that these compounds make a negligible contribution to
tropospheric ozone \1\ formation. Section 302(s) of the CAA specifies
that the EPA has the authority to define the meaning of ``VOC,'' and
hence what compounds shall be treated as VOCs for regulatory purposes.
The policy of excluding negligibly reactive compounds from the VOC
definition was first set forth in the ``Recommended Policy on Control
of Volatile Organic Compounds'' (42 FR 35314, July 8, 1977) and was
supplemented most recently with the ``Interim Guidance on Control of
Volatile Organic Compounds in Ozone State Implementation Plans''
(Interim Guidance) (70 FR 54046, September 13, 2005). The EPA uses the
reactivity of ethane as the threshold for determining whether a
compound has negligible reactivity. Compounds that are less reactive
than, or equally reactive to, ethane under certain assumed conditions
may be deemed negligibly reactive and therefore suitable for exemption
from the regulatory definition of VOC. Compounds that are more reactive
than ethane continue to be considered VOCs for regulatory purposes and
therefore are subject to control requirements. The selection of ethane
as the threshold compound was based on a series of smog chamber
experiments that underlay the 1977 policy.
---------------------------------------------------------------------------
\1\ Tropospheric ozone, commonly known as smog, is formed when
VOCs and nitrogen oxides (NOX) react in the atmosphere in
the presence of sunlight. Because of the harmful health effects of
ozone, the EPA and state governments limit the amount of VOCs that
can be released into the atmosphere. VOCs are those organic
compounds of carbon that form ozone through atmospheric
photochemical reactions. Different VOCs have different levels of
reactivity. That is, they do not react to form ozone at the same
speed or do not form ozone to the same extent. Some VOCs react
slowly or form less ozone; therefore, changes in their emissions
have less and, in some cases, very limited effects on local or
regional ozone pollution episodes. It has been the EPA's policy that
organic compounds with a negligible level of reactivity should be
excluded from the regulatory VOC definition so as to focus VOC
control efforts on compounds that do significantly increase ozone
concentrations. The EPA also believes that exempting such compounds
creates an incentive for industry to use negligibly reactive
compounds in place of more highly reactive compounds that are
regulated as VOCs.
---------------------------------------------------------------------------
The EPA lists compounds that it has determined to be negligibly
reactive in its regulations as being excluded from the definition of
VOC. (40 CFR 51.100(s)). The specific organic compounds that will be
excluded from TCEQ's definition of VOC that is in the SIP with this
revision include: trans-1,3,3,3-tetrafluoropropene; 2,3,3,3-
tertrafluropropene,\2\ HCF2OCF2H (HFE-134);
HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-
338pcc13);
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130(or150 or 180)),\3\
trans- 1-chloro-3,3,3-trifluoroprop-1-ene,\4\ and 2-amino-2-methyl-1-
propanol,\5\ Texas is updating its SIP to be consistent with current
EPA definitions to provide clarity and consistency for owners and
operators of sources subject to TCEQ rules regarding VOC control.
---------------------------------------------------------------------------
\2\ See 78 FR 62451, October 22, 2013--Exclusion of trans-1&2,
3,3,3,-tetrafluoropropene.
\3\ See 78 FR 9823, February 12, 2013--Exclusion of group of
four Hydrofluoropolyethers (HPEPs).
\4\ See 78 FR 53029, August 28, 2013--Exclusion of trans 1-
Chloro-3,3,3 trifluoroprop-1-ene.
\5\ See 79 FR 17037, March 27, 2014--Exclusion of 2-amino-2-
methyl-1-propanol.
---------------------------------------------------------------------------
[[Page 26597]]
2. Emission Inventory Requirements in TAC Chapter 101, Section 101.10
A. Lead Reporting Threshold
On February 6, 2015 (80 FR 8787), the EPA finalized revisions to 40
Code of Federal Regulations (CFR) Part 51, Subpart A, Air Emissions
Reporting Rule (AERR) and in 40 CFR 51.122 that lowered the lead (Pb)
point source reporting threshold to 0.5 tons per year (tpy). The
purpose of this change was to match requirements of the Pb Ambient Air
Monitoring Requirements rule (75 FR 81126), which required monitoring
agencies to install and operate source-oriented ambient monitors near
Pb sources emitting 0.50 tpy or more by December 27, 2011. With this
action, the EPA lowered the point source threshold for Pb emissions to
0.5 tons per year (tpy) of actual emissions. The current TCEQ emissions
inventory (EI) reporting rule at 30 TAC Section 101.10 in the SIP (and
previous version of the AERR) language requires a source to submit an
EI if it has 10 tpy or more of actual or 25 tpy or more of potential
lead emissions. Currently, the data needed to meet the new EPA lead
reporting threshold requirement are collected under TCEQ's special
inventory \6\ which requires TCEQ to annually identify and contact
these sources for an inventory. This revision for lowering the lead
reporting threshold aligns 30 TAC Section 101.10 with the reporting
requirements in the EPA's AERR (40 CFR part 51) and would require
sources to self-identify and report a full and complete EI annually if
they emit 0.5 tpy or more of lead.
---------------------------------------------------------------------------
\6\ Special Inventories: Any person owing or operating a source
of air emissions which is or could be affected by any rule or
regulation of the commission (TCEQ) shall file emissions-related
data with the commission (upon request by the executive director or
a designated representative of the commission) as necessary data may
take special procedure arrangements with the Emissions Assessments
Section to submit data separate from routine emission inventory
submissions or other arrangements as necessary to support claims of
confidentiality.
---------------------------------------------------------------------------
B. Off-Shore Emission Inventory Reporting Requirement
Under the current SIP, sources within 25 statute \7\ miles from the
shoreline are required to submit an EI if the source meets one of the
reporting threshold in 30 TAC Section 101.10. TCEQ proposed amendment
shortens the applicable distance for a site on waters from 25 statute
miles to 9.0 nautical \8\ miles (10.4 statute miles) from the
shoreline.\9\ Texas' territorial waters only extend 9.0 nautical miles.
At this time, no sites located between 9.0 nautical miles and 25
statute miles from the shoreline are reporting EIs to Texas. If a site
existing between 9.0 nautical miles and 25 statute miles from shore
should be required to report in the future, this site would be captured
in a federal EI. This revision to align Texas rules with the current
federal regulations found in 40 CFR part 51 will clarify requirements
in 30 TAC Section 101.10 and change applicability to sources that are
within 9.0 nautical miles of the shoreline in accordance with state and
federal jurisdiction over offshore sources.
---------------------------------------------------------------------------
\7\ Statute mile = 1 mile (1.6 kilometer).
\8\ A nautical mile is based on the circumference of the earth,
and is equal to one minute of latitude. It is slightly more than a
statute (land measured) mile (1 nautical mile = 1.1508 statute
miles). Nautical miles are used for charting and navigating.
\9\ 43 U.S.C. 1301.
---------------------------------------------------------------------------
C. Definition and Terminology Revisions
a. 30 TAC Section 101.10(a) requires an inventory to be submitted
on forms or other media. The commission adopted amendment removes the
redundant phrase ``forms or other'' from this subsection. The phrase
``media'' succinctly covers this requirement.
b. Currently, the data needed to meet the new EPA lead reporting
threshold requirement as discussed previously are collected under the
special inventory requirement in the SIP's subsection (b)(2) and (3).
The amendment in TCEQ's revision makes the requirement clear to the
community and does not require the agency to rely on the special
inventory provision to collect data that is reported annually.
c. All owners or operators of accounts continuing to meet the SIP's
reporting requirements in subsection (a) are required to annually
update their EI. The amendment adds subsection (a)(5) to the list of
applicability requirements listed in subsection (b)(2) that are
required to submit an annual emissions inventory update (AEIU). This
addition includes the adopted inclusion of the new lead reporting
requirement to this existing requirement.
d. An amendment in subsection (a)(5) to change the units from
``tons'' to ``tpy'' to more clearly define the period over which the
emissions are calculated. An annual time-period has always been assumed
for this applicability by the State and EPA but the amendment is to
clarify.
e. The term ``microns'' is changed to ``micrometers' in the
adoption to align language in 30 TAC Section 101.10(b)(1) with the
reporting rule in AERR. In applied sciences, a micron is commonly
accepted alternative term to micrometer, and thus, the adopted
amendment has no effect on the population of sources required to report
an EI or on the methodology for estimating emissions.
f. Particulate matter with aerodynamic diameter less than or equal
to 2.5 micrometers (PM2.5) is added to the list of
contaminants that shall be reported in the EI under subsection (b). The
list includes the phrase ``any other contaminants'', PM2.5
is subject to the NAAQS and is already required for inclusion in an EI.
However, specifically listing PM2.5 clarifies the reporting
requirement and does not change any existing reporting requirement to
the agency.
g. A second certifying statement has been added as 30 TAC Section
101.10(d)(2). Texas Health and Safety Code (THSC), Section 382.0215(f)
requires that an owner or operator that is required to submit an EI and
had no emissions events during the reporting year must include as part
of the inventory a statement to this effect. The EI update process and
reporting forms already include this certifying statement. An EI cannot
be considered completed or for electronically submitted accounts,
submitted without either completing this certification or submitting
emissions event data. The amendments do not change this practice nor
the wording in the certifying statement on the EI; it only includes the
existing practice, which is required by THSC Section 382.0215 and
reflected in 30 TAC Section 101.10.
II. The EPA's Evaluation
On July 28, 2016, TCEQ submitted SIP revisions to EPA for review
and approval. The revisions amend Emission Inventory and General Air
Quality rules in 30 TAC Chapter 101. The amended rules will incorporate
EPA's latest finalized definitions of VOC compounds, align the lead
reporting threshold with the AERR, shorten the distance from the
shoreline for applicable offshore sources to report an emission
inventory, and revise terminology and definitions for clarity and
consistency with the EPA's AERR. These changes are consistent with
section 110 of the CAA and meet the regulatory requirements pertaining
to the SIPs.
III. Final Action
Pursuant to section 110 of the CAA, EPA is approving the SIP
revisions TCEQ submitted to EPA regarding the above revisions to 30 TAC
Chapter 101 Emissions Inventory and General Definitions update. These
revisions are consistent with section 110 of the CAA and meet the
regulatory requirements pertaining to SIPs.
[[Page 26598]]
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipate no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
September 6, 2017 without further notice unless the Agency receives
relevant adverse comments by July 10, 2017. If EPA receives relevant
adverse comments, EPA will publish a timely withdrawal of the rule in
the Federal Register and inform the public that the rule will not take
effect.
IV. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Texas regulations as described in the Final
Action section above. We have made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 6 office.
V. Statutory and Executive Order Reviews
Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 CAA; 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
Samuel Coleman was designated the Acting Regional Administrator on
May 24, 2017 through the order of succession outlined in Regional Order
R6-1110.13, a copy of which is included in the docket for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: May 24, 2017.
Samuel Coleman,
Acting 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(c), the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entries for Sections
101.1and 101.10.
The revisions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 101--General Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1................ Definitions....... 7/6/2016 6/8/2017, [Insert
Federal Register
citation].
* * * * * * *
Section 101.10............... Emissions 7/6/2016 6/8/2017, [Insert
Inventory Federal Register
Requirements. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 26599]]
* * * * *
[FR Doc. 2017-11903 Filed 6-7-17; 8:45 am]
BILLING CODE 6560-50-P