Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for Volatile Organic Compound Emissions in the Dallas-Fort Worth Ozone Nonattainment Area, 46450-46453 [2017-21491]
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0832; FRL–9968–21–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Reasonably Available Control
Technology for Volatile Organic
Compound Emissions in the DallasFort Worth Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or ACT), the
Environmental Protection Agency (EPA)
is proposing approval of revisions to the
State Implementation Plan (SIP)
submitted by the State of Texas through
the Texas Commission on
Environmental Quality (TCEQ) on July
10, 2015. The Texas SIP submission
revises rules for control of volatile
organic compounds (VOC) to assist the
Dallas-Fort Worth (DFW) moderate
nonattainment area (NAA) in attaining
the 2008 eight-hour ozone (O3) National
Ambient Air Quality Standards
(NAAQS). The submission includes
Wise County, a county added as part of
the 2008 ozone moderate NAA area. We
are proposing to approve the submitted
rules as part of the DFW 2008 ozone SIP
and as meeting Reasonably Available
Control Technology (RACT). We are also
proposing to approve negative
declarations for certain source
categories subject to RACT in the DFW
moderate NAA.
DATES: Written comments must be
received on or before November 6, 2017.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0832, at https://
www.regulations.gov or via email to
todd.robert@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
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submission (i.e., on the Web, cloud, or
other file sharing system).
For additional submission methods,
please contact Mr. Robert M. Todd,
(214) 665–2156, todd.robert@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 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:
Robert M. Todd, (214) 665–2156,
todd.robert@epa.gov. To inspect the
hard copy materials, please contact Mr.
Todd or Mr. Bill Deese (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ means the EPA.
Table of Contents
I. Background on Dallas-Fort Worth (DFW)
2008 Eight-Hour O3 Nonattainment Area
(NAA) Designation and Classification
II. Background on Chapter 115 Proposed Rule
Revisions
III. Evaluation of Texas’ Proposed Chapter
115 Volatile Organic Compound (VOC)
Control SIP
IV. Reasonably Achievable Control
Technology in the DFW NAA
V. The EPA’s Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background on DFW 2008 Eight-Hour
O3 NAA Designation and Classification
On March 27, 2008, the EPA revised
the primary and secondary O3 standard
to a level of 75 parts per billion (ppb).
Promulgation of a NAAQS triggers a
requirement for the EPA to designate
areas as nonattainment, attainment, or
unclassifiable, and to classify the NAAs
at the time of designation.
On May 21, 2012, the EPA established
initial area designations for most areas
of the country with respect to the 2008
primary and secondary eight-hour O3
NAAQS. The EPA published two rules
addressing final implementation 1 and
1 See 77 FR 30160 ‘‘Implementation of the 2008
National Ambient Air Quality Standards for Ozone:
Nonattainment Area Classifications Approach,
Attainment Deadlines and Revocation of the 1997
Ozone Standards for Transportation Conformity
Purposes.’’
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air quality designations.2 The
implementation rule established
classifications, associated attainment
deadlines, and revoked the 1997 O3
standards for transportation conformity
purposes. The designation rule finalized
the NAA boundaries for areas that did
not meet the 75 ppb standard.
Furthermore, the finalized boundaries
were classified according to the severity
of their O3 air quality problems as
determined by each area’s design
value.3 The O3 classification categories
were defined as Marginal, Moderate,
Serious, Severe, or Extreme.
Effective July 20, 2012, the DFW 2008
eight-hour O3 NAA was classified as
moderate, consisting of ten counties:
Collin, Dallas, Denton, Ellis, Johnson,
Kaufman, Parker, Rockwall, Tarrant,
and Wise County. With the exception of
Wise County, all of these counties were
designated as nonattainment with a
serious classification under the 1997 O3
standard. Although the DFW NAA was
most recently classified as moderate, the
first nine counties are still required to
meet their more stringent serious
classification requirements previously
designated under the 1997 O3 standard.
Wise County, however, is required to
meet the moderate classification
requirements since it is newly
designated as nonattainment for the
DFW area.4 Previously, Wise County
was classified as an attainment area and
was exempt from the O3 NAA
requirements under the 1997 eight-hour
O3 standard.
States are required to adopt control
measures that implement Reasonably
Available Control Technology (RACT)
on major sources of VOC emissions. The
major source emission threshold level
for the first nine counties (Collin,
Dallas, Denton, Ellis, Johnson, Kaufman,
Parker, Rockwall, and Tarrant) remains
at a potential to emit (PTE) of 50 tons
per year (tpy) VOC based on its serious
classification under the 1997 standard.
The major source threshold in Wise
County is 100 tpy VOC based on the
moderate classification requirement.
2 See 77 FR 30088, ‘‘Air Quality Designations for
the 2008 Ozone National Ambient Air Quality
Standards.’’
3 The air quality design value for the 8-hour
ozone NAAQS is the three-year average of the
annual fourth highest daily maximum eight-hour
average ozone concentration. See 40 CFR part 50,
appendix I.
4 In pursuant to the United States Court of
Appeals for the District of Columbia Circuit ruling
in favor of the EPA’s inclusion of Wise County in
the DFW 2008 eight-hour ozone nonattainment area
as lawful (see USCA Case #12–1309).
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules
II. Background on Chapter 115
Proposed Rule Revisions
On July 10, 2015 the EPA received the
TCEQ’s submitted rule revisions to 30
TAC, Chapter 115 ‘‘Control of Air
Pollution from Volatile Organic
Compounds.’’ The State revised Chapter
115 for all major sources of VOC in the
2008 DFW O3 NAA for the
implementation of RACT requirements
in all counties as required by CAA,
section 172(c)(1) and section 182(f). The
state previously adopted Chapter 115
VOC rules for sources in the DFW area
as part of the SIP submitted on May 30,
2007, for the 1997 eight-hour O3
standard. The EPA approved those rules
on January 14, 2009.5 The scope of the
Chapter 115 rule revisions implement
the following: 6
• Add VOC emission limits and
control requirements to major sources in
newly designated Wise County.
• Amend VOC emissions control
requirements in the DFW NAA;
• Amend testing, monitoring and
recordkeeping requirements for VOC
sources in the DFW NAA;
• Amend exemptions from VOC
control requirements in the DFW NAA;
• Amend compliance schedules for
affected sources in the DFW NAA,
including adding new compliance date
of January, 2017 for newly affected
sources in Wise County;
• Add definitions to reflect the
change in attainment status of Wise
County;
A complete summary along with all
non-substantive changes pertaining to
reformatting, restructuring,
reorganizing, and administrative
revisions will be referenced in the
Technical Support Document (TSD),
‘‘2008 8-Hour Ozone Nonattainment
Area VOC SIP Demonstration and
Reasonably Available Control
Technology for Volatile Organic
Compounds Sources in the Dallas-Fort
Worth 2008 8-Hour Ozone
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Nonattainment Area’’ a copy of which is
posted in the docket of this proposal.
Table 1 contains a list of the new
sections of Chapter 115 with adopted
subchapters, divisions, and key sections
associated with the July 10, 2015 DFW
2008 eight-hour O3 SIP submittal.
TABLE 1—PROPOSED NEW SECTIONS
OF 30 TAC CHAPTER 115 TO BE
ADDED TO THE TEXAS SIP
Description
Section
Description and Sections of 30 TAC
Chapter 115 Proposed New Section
Subchapter E: Division 1 .....
§§ 115.410,
115.411.
Table 2 contains a list of the sections
of Chapter 115 with adopted
subchapters, divisions, and key sections
with modifications associated with the
July 10, 2015 DFW 2008 eight-hour O3
SIP submittal.
TABLE 2—PROPOSED AMENDED SECTIONS OF 30 TAC CHAPTER 115 IN THE TEXAS SIP
Description
Section
Description and Sections of 30 TAC Chapter 115 Proposed Modified Sections
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
A: Definitions ......................................................................................
B: Division 1 .......................................................................................
B: Division 2 .......................................................................................
B: Division 3 .......................................................................................
C: Division 1 .......................................................................................
C: Division 2 .......................................................................................
C: Division 3 .......................................................................................
D: Division 3 .......................................................................................
E: Division 1 .......................................................................................
E: Division 2 .......................................................................................
E: Division 4 .......................................................................................
E: Division 5 .......................................................................................
E: Division 6 .......................................................................................
E: Division 7 .......................................................................................
F: Division 1 .......................................................................................
Table 3 contains a section of Chapter
115 proposed for repeal from the SIP by
the TCEQ, along with the relevant
identifying subchapter and division.
§ 115.10.
§§ 115.110–115.112, 115.114, 115.115, 115.117–115.119.
§§ 115.121, 115.122. 115.125–115.127, 115.129.
§ 115.139.
§ 115.215, § 115.219.
§ 115.229.
§ 115.239.
§ 115.359.
§§ 115.415, 115.416, 115.419.
§§ 115.420–115.423, 115.425–115.427, 115.429.
§§ 115.440–115.442, 115.446, 115.449.
§§ 115.450, 115.451, 115.453, 115.459.
§§ 115.460, 115.461, 115.469.
§§ 115.471, 115.473, 115.479.
§ 115.519.
III. Evaluation of Texas’ Proposed
Chapter 115 VOC Control SIP
Previous Chapter 115 modifications
TABLE 3—PROPOSED SECTIONS OF 30 addressed TCEQ’s plan to comply with
TAC CHAPTER 115 TO BE DELETED the 1997 eight-hour O3 attainment
FROM THE TEXAS SIP
standard and RACT requirements for 9
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Description
Section
Description and Sections of 30 TAC
Chapter 115 Proposed Repealed Section
Subchapter E: Division 1 .....
§ 115.417 7
5 See
74 FR 1903.
is not an exhaustive list of changes to the
30 TAC Chapter 115 rules. For a complete summary
of all Chapter 115 sections associated with this SIP
revision, please refer to the Technical Support
6 This
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counties in the DFW area and were
approved into the state’s SIP on January
14, 2009 (74 FR 1903). We are not
proposing to alter that determination.
As described above, the DFW NAA for
the 2008 O3 standard now includes
Document (TSD), a copy of which is posted in the
docket of this proposal.
7 The content of § 115.417 detailed exemptions to
Chapter 115 requirements. These exemptions were
moved to the new § 115.411. This action reorders
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Wise County along with the other 9
counties in the area.
In today’s action, we are proposing to
approve revisions for TCEQ rule
changes as part of the DFW moderate
NAA area that would extend these same
control requirements to sources in Wise
County. The TCEQ provided
information addressing the applicability
of Chapter 115, Control of Air Pollution
from Volatile Organic Compounds
Regulations to sources with emissions
equal to or greater than 100 tpy of VOCs
in Wise County.
existing, approvable exemptions and does not alter
the expected VOC control levels in the DFW NAA.
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A complete evaluation of the TCEQ
rules changes can be found in the TSD
to this proposal that is included in the
official docket. The changes TCEQ made
includes ministerial changes as well as
substantive ones such as the addition of
control requirements that apply to
sources in Wise County.
IV. Reasonably Achievable Control
Technology in the DFW NAA
As noted above, the TCEQ’s July 12,
2015, submission included a RACT
demonstration that VOC control
measures in 30 TAC Chapter 115
applied to major sources in the DFW
moderate NNA, including Wise County.
The TCEQ also provided information
addressing the applicability of Control
Technology Guidelines (CTG) and
Alternative Control Technology (ACT)
documents for VOC sources with
emissions equal to or greater than 100
tpy of VOCs in Wise County. The TCEQ
also provided negative declaration
information for certain of these source
categories in Wise County. Furthermore,
the TCEQ demonstrated that any major
source in the DFW NNA not covered by
a CTG or ACT is controlled and meets
RACT and that the negative declarations
provided by the TCEQ and addressed in
detail in the TSD to this proposal, are
approvable.
The requirements for RACT are
included in 182(b)(2) of the Act and
further explained in our ‘‘SIP
Requirements Rule’’ of March 6, 2015
(80 FR 12279), which explains States
should refer to existing CTGs and ACT
documents as well as all relevant
technical information including recent
technical information received during
the public comment period to determine
if RACT is being applied. States may
conclude, in some cases, that sources
already addressed by RACT
determinations to meet the 1-Hour and/
or the 1997 8-Hour O3 NAAQS do not
need to implement additional controls
to meet the 2008 ozone NAAQS RACT
requirement. See 40 CFR 51.1112. The
EPA has previously found that Texas
VOC rules meet RACT for the 1-Hour
and the 1997 8-Hour standards. See 74
FR 1903, January 14, 2009 and 80 FR
16291, March 27, 2015.
We have reviewed the emission
limitations and control requirements
detailed in 30 TAC Chapter 115 and
compared them against EPA’s CTG
documents and guidelines. Based on our
review and evaluation, we found the
emission limitations and control
requirements in 30 TAC Chapter 115
apply to the source categories covered
by our guidance and CTG documents,
and that the corresponding sections in
30 TAC Chapter 115 provide for the
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lowest emission limitation through
application of control techniques that
are reasonably available considering
technological and economic feasibility.
Also, the TCEQ demonstrated that any
major source in the DFW NNA not
covered by a CTG or ACT is controlled
and meets RACT.
Based on the above evaluation, we are
proposing to determine that the
applicable emission limitations and
control requirements in 30 TAC Chapter
115 represent RACT under the 2008 8Hour ozone NAAQS.
A complete evaluation of how the
TCEQ rules meet the requirements of
the EPAs CTGs, ACTs and RACT
requirements can be found in the TSD
to this proposal that is included in the
official docket. In particular, see pages
13–21 of the TSD.
V. The EPA’s Proposed Action
The EPA is proposing to approve the
submitted TAC Chapter 115 SIP
revisions into the SIP because these
revisions will assist the DFW area reach
attainment under the 2008 8-Hour O3
NAAQS by reducing VOC emissions for
affected sources in the DFW area. The
EPA is proposing to approve all
revisions for the amended, repealed,
and new sections of Chapter 115 that are
being submitted for inclusion into the
SIP. The EPA is also making a
determination that the TCEQ rules
included in these revisions will meet
the RACT requirements of the CAA
§ 182(b) for the 2008 O3 NAAQS. We are
also making a determination that the
negative declarations provided by the
TCEQ are approvable.
VI. Incorporation by Reference
In this action, the EPA is proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
revisions to the Texas regulations as
described in the Proposed Action
section above. The EPA has 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.
VII. 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
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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), 13563 (76 FR 3821,
January 21, 2011) and 13771 (82 FR
9339, February 2, 2017);
• 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules
Dated: September 29, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017–21491 Filed 10–4–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2017–0485; FRL 9968–77–
Region 7]
Approval of Nebraska’s Air Quality
Implementation Plan, Operating
Permits Program, and 112(l) Program;
Revision to Nebraska Administrative
Code
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State Implementation
Plan (SIP), Operating Permits Program,
and 112(l) program submitted on July
14, 2014, by the State of Nebraska. This
action amends the SIP to revise two
chapters, ‘‘Definitions’’ and ‘‘Operating
Permit Modifications; Reopening for
Cause’’. Specifically, these revisions
incorporate by reference the list of
organic compounds exempt from the
definition of volatile organic compound
(VOC) found in the Code of Federal
Regulations; notification requirements
for the operating permit program are
being amended to be consistent with the
Federal operating permit program
requirements; the definition of ‘‘solid
waste’’ is being revised by the state,
however, because the state’s definition
is inconsistent with the Federal
definition, EPA is not approving this
definition into the SIP. Finally, the state
is extending the process of ‘‘off-permit
changes’’ to Class I operating permits.
Additional grammatical and editorial
changes are being made in this revision.
Approval of these revisions will not
impact air quality, ensures consistency
between the State and Federallyapproved rules, and ensures Federal
enforceability of the State’s rules. In the
‘‘Rules and Regulations’’ section of this
Federal Register, we are approving
these two chapters as a direct final rule
without a prior proposed rule. If we
receive no adverse comment, we will
not take further action on this proposed
rule.
DATES: Comments must be received by
November 6, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2017–0485, to https://
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www.regulations.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, 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.
FOR FURTHER INFORMATION CONTACT: Greg
Crable, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551–
7391, or by email at crable.gregory@
epa.gov.
SUPPLEMENTARY INFORMATION: Nebraska’s
July 14, 2014, submittal included
revisions to Chapters 1, 4, 15, 18, 20, 28
and 34 of title 129. In previous direct
final actions, EPA approved revisions to
chapter 4 ‘‘Ambient Air Quality
Standards’’ on October 11, 2016 (81 FR
70023), and chapter 34 ‘‘Emission
Sources; Testing; Monitoring’’ on
October 7, 2016 (81 FR 69693).
This document proposes to take
action on chapter 1, ‘‘Definitions’’, and
chapter 15, ‘‘Operating Permit
Modifications; Reopening for Cause’’.
Revisions to chapter 1 ‘‘Definitions’’
involve various grammatical and
numerical edits. In addition, section 160
of chapter 1 contains a definition of
VOC that provides exceptions to the
definition based upon a list of organic
compounds, which have been
determined to have negligible
photochemical reactivity. The revision
removes the list of VOC exceptions at
section 160, and instead references the
list in the Code of Federal Regulations.
Revisions to title 129, chapter 1, section
139 change the notification
requirements for ‘‘Section 502(b)(10)
changes’’ making it consistent with the
Federal operating permit program. And
finally, Nebraska’s requested revisions
to the chapter 1 definition of ‘‘solid
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46453
waste’’ are inconsistent with the Federal
definition. For that reason, EPA is not
approving the State’s revised ‘‘solid
waste’’ definition into the SIP.
The proposed part 70 revision to
chapter 15 extends ‘‘off-permit
changes’’, to Class I and II operating
permits as allowed under the Federal
program. Additional changes ensure
that chapter 15 conforms to the
applicable Federal regulations,
including updating section 007, which
allows changes in a permitted facility
without a permit revision if certain
criteria is met. Finally, revisions to
chapter 15 shorten notice periods under
certain circumstances when changing
Class I and II operating permits, and are
making various grammatical revisions
for clarity purposes.
Chapter 18 is not a part of the State’s
approved SIP, and will be addressed
through a separate future rulemaking
process under the CAA section 111(d).
EPA has elected to address changes to
chapter 20 with a future SIP revision.
Chapter 28 is not a part of the State’s
approved SIP and therefore, no action is
required by the EPA.
We have published a direct final rule
approving the State’s SIP revision(s) in
the ‘‘Rules and Regulations’’ section of
this Federal Register, because we view
this as a noncontroversial action and
anticipate no relevant adverse comment.
We have explained our reasons for this
action in the preamble to the direct final
rule. If we receive no adverse comment,
we will not take further action on this
proposed rule. If we receive adverse
comment, we will withdraw the direct
final rule and it will not take effect. We
would address all public comments in
any subsequent final rule based on this
proposed rule. We do not intend to
institute a second comment period on
this action. Any parties interested in
commenting must do so at this time. For
further information, please see the
information provided in the ADDRESSES
section of this document.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
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]]>Agencies
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Proposed Rules]
[Pages 46450-46453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21491]
[[Page 46450]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0832; FRL-9968-21-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Reasonably Available Control Technology for Volatile Organic Compound
Emissions in the Dallas-Fort Worth Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or ACT), the
Environmental Protection Agency (EPA) is proposing approval of
revisions to the State Implementation Plan (SIP) submitted by the State
of Texas through the Texas Commission on Environmental Quality (TCEQ)
on July 10, 2015. The Texas SIP submission revises rules for control of
volatile organic compounds (VOC) to assist the Dallas-Fort Worth (DFW)
moderate nonattainment area (NAA) in attaining the 2008 eight-hour
ozone (O3) National Ambient Air Quality Standards (NAAQS).
The submission includes Wise County, a county added as part of the 2008
ozone moderate NAA area. We are proposing to approve the submitted
rules as part of the DFW 2008 ozone SIP and as meeting Reasonably
Available Control Technology (RACT). We are also proposing to approve
negative declarations for certain source categories subject to RACT in
the DFW moderate NAA.
DATES: Written comments must be received on or before November 6, 2017.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0832, at https://www.regulations.gov or via email to
todd.robert@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 Mr. Robert M.
Todd, (214) 665-2156, todd.robert@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 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: Robert M. Todd, (214) 665-2156,
todd.robert@epa.gov. To inspect the hard copy materials, please contact
Mr. Todd or Mr. Bill Deese (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.
Table of Contents
I. Background on Dallas-Fort Worth (DFW) 2008 Eight-Hour
O3 Nonattainment Area (NAA) Designation and
Classification
II. Background on Chapter 115 Proposed Rule Revisions
III. Evaluation of Texas' Proposed Chapter 115 Volatile Organic
Compound (VOC) Control SIP
IV. Reasonably Achievable Control Technology in the DFW NAA
V. The EPA's Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background on DFW 2008 Eight-Hour O3 NAA Designation and
Classification
On March 27, 2008, the EPA revised the primary and secondary
O3 standard to a level of 75 parts per billion (ppb).
Promulgation of a NAAQS triggers a requirement for the EPA to designate
areas as nonattainment, attainment, or unclassifiable, and to classify
the NAAs at the time of designation.
On May 21, 2012, the EPA established initial area designations for
most areas of the country with respect to the 2008 primary and
secondary eight-hour O3 NAAQS. The EPA published two rules
addressing final implementation \1\ and air quality designations.\2\
The implementation rule established classifications, associated
attainment deadlines, and revoked the 1997 O3 standards for
transportation conformity purposes. The designation rule finalized the
NAA boundaries for areas that did not meet the 75 ppb standard.
Furthermore, the finalized boundaries were classified according to the
severity of their O3 air quality problems as determined by
each area's design value.\3\ The O3 classification
categories were defined as Marginal, Moderate, Serious, Severe, or
Extreme.
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\1\ See 77 FR 30160 ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: Nonattainment Area
Classifications Approach, Attainment Deadlines and Revocation of the
1997 Ozone Standards for Transportation Conformity Purposes.''
\2\ See 77 FR 30088, ``Air Quality Designations for the 2008
Ozone National Ambient Air Quality Standards.''
\3\ The air quality design value for the 8-hour ozone NAAQS is
the three-year average of the annual fourth highest daily maximum
eight-hour average ozone concentration. See 40 CFR part 50, appendix
I.
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Effective July 20, 2012, the DFW 2008 eight-hour O3 NAA
was classified as moderate, consisting of ten counties: Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise
County. With the exception of Wise County, all of these counties were
designated as nonattainment with a serious classification under the
1997 O3 standard. Although the DFW NAA was most recently
classified as moderate, the first nine counties are still required to
meet their more stringent serious classification requirements
previously designated under the 1997 O3 standard. Wise
County, however, is required to meet the moderate classification
requirements since it is newly designated as nonattainment for the DFW
area.\4\ Previously, Wise County was classified as an attainment area
and was exempt from the O3 NAA requirements under the 1997
eight-hour O3 standard.
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\4\ In pursuant to the United States Court of Appeals for the
District of Columbia Circuit ruling in favor of the EPA's inclusion
of Wise County in the DFW 2008 eight-hour ozone nonattainment area
as lawful (see USCA Case #12-1309).
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States are required to adopt control measures that implement
Reasonably Available Control Technology (RACT) on major sources of VOC
emissions. The major source emission threshold level for the first nine
counties (Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker,
Rockwall, and Tarrant) remains at a potential to emit (PTE) of 50 tons
per year (tpy) VOC based on its serious classification under the 1997
standard. The major source threshold in Wise County is 100 tpy VOC
based on the moderate classification requirement.
[[Page 46451]]
II. Background on Chapter 115 Proposed Rule Revisions
On July 10, 2015 the EPA received the TCEQ's submitted rule
revisions to 30 TAC, Chapter 115 ``Control of Air Pollution from
Volatile Organic Compounds.'' The State revised Chapter 115 for all
major sources of VOC in the 2008 DFW O3 NAA for the
implementation of RACT requirements in all counties as required by CAA,
section 172(c)(1) and section 182(f). The state previously adopted
Chapter 115 VOC rules for sources in the DFW area as part of the SIP
submitted on May 30, 2007, for the 1997 eight-hour O3
standard. The EPA approved those rules on January 14, 2009.\5\ The
scope of the Chapter 115 rule revisions implement the following: \6\
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\5\ See 74 FR 1903.
\6\ This is not an exhaustive list of changes to the 30 TAC
Chapter 115 rules. For a complete summary of all Chapter 115
sections associated with this SIP revision, please refer to the
Technical Support Document (TSD), a copy of which is posted in the
docket of this proposal.
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Add VOC emission limits and control requirements to major
sources in newly designated Wise County.
Amend VOC emissions control requirements in the DFW NAA;
Amend testing, monitoring and recordkeeping requirements
for VOC sources in the DFW NAA;
Amend exemptions from VOC control requirements in the DFW
NAA;
Amend compliance schedules for affected sources in the DFW
NAA, including adding new compliance date of January, 2017 for newly
affected sources in Wise County;
Add definitions to reflect the change in attainment status
of Wise County;
A complete summary along with all non-substantive changes
pertaining to reformatting, restructuring, reorganizing, and
administrative revisions will be referenced in the Technical Support
Document (TSD), ``2008 8-Hour Ozone Nonattainment Area VOC SIP
Demonstration and Reasonably Available Control Technology for Volatile
Organic Compounds Sources in the Dallas-Fort Worth 2008 8-Hour Ozone
Nonattainment Area'' a copy of which is posted in the docket of this
proposal.
Table 1 contains a list of the new sections of Chapter 115 with
adopted subchapters, divisions, and key sections associated with the
July 10, 2015 DFW 2008 eight-hour O3 SIP submittal.
Table 1--Proposed New Sections of 30 TAC Chapter 115 To Be Added to the
Texas SIP
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Description Section
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Description and Sections of 30 TAC Chapter 115 Proposed New Section
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Subchapter E: Division 1................ Sec. Sec. 115.410, 115.411.
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Table 2 contains a list of the sections of Chapter 115 with adopted
subchapters, divisions, and key sections with modifications associated
with the July 10, 2015 DFW 2008 eight-hour O3 SIP submittal.
Table 2--Proposed Amended Sections of 30 TAC Chapter 115 in the Texas
SIP
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Description Section
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Description and Sections of 30 TAC Chapter 115 Proposed Modified
Sections
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Subchapter A: Definitions................ Sec. 115.10.
Subchapter B: Division 1................. Sec. Sec. 115.110-115.112,
115.114, 115.115, 115.117-
115.119.
Subchapter B: Division 2................. Sec. Sec. 115.121,
115.122. 115.125-115.127,
115.129.
Subchapter B: Division 3................. Sec. 115.139.
Subchapter C: Division 1................. Sec. 115.215, Sec.
115.219.
Subchapter C: Division 2................. Sec. 115.229.
Subchapter C: Division 3................. Sec. 115.239.
Subchapter D: Division 3................. Sec. 115.359.
Subchapter E: Division 1................. Sec. Sec. 115.415,
115.416, 115.419.
Subchapter E: Division 2................. Sec. Sec. 115.420-115.423,
115.425-115.427, 115.429.
Subchapter E: Division 4................. Sec. Sec. 115.440-115.442,
115.446, 115.449.
Subchapter E: Division 5................. Sec. Sec. 115.450,
115.451, 115.453, 115.459.
Subchapter E: Division 6................. Sec. Sec. 115.460,
115.461, 115.469.
Subchapter E: Division 7................. Sec. Sec. 115.471,
115.473, 115.479.
Subchapter F: Division 1................. Sec. 115.519.
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Table 3 contains a section of Chapter 115 proposed for repeal from
the SIP by the TCEQ, along with the relevant identifying subchapter and
division.
Table 3--Proposed Sections of 30 TAC Chapter 115 To Be Deleted From the
Texas SIP
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Description Section
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Description and Sections of 30 TAC Chapter 115 Proposed Repealed Section
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Subchapter E: Division 1................ Sec. 115.417 \7\
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\7\ The content of Sec. 115.417 detailed exemptions to Chapter
115 requirements. These exemptions were moved to the new Sec.
115.411. This action reorders existing, approvable exemptions and
does not alter the expected VOC control levels in the DFW NAA.
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III. Evaluation of Texas' Proposed Chapter 115 VOC Control SIP
Previous Chapter 115 modifications addressed TCEQ's plan to comply
with the 1997 eight-hour O3 attainment standard and RACT
requirements for 9 counties in the DFW area and were approved into the
state's SIP on January 14, 2009 (74 FR 1903). We are not proposing to
alter that determination. As described above, the DFW NAA for the 2008
O3 standard now includes Wise County along with the other 9
counties in the area.
In today's action, we are proposing to approve revisions for TCEQ
rule changes as part of the DFW moderate NAA area that would extend
these same control requirements to sources in Wise County. The TCEQ
provided information addressing the applicability of Chapter 115,
Control of Air Pollution from Volatile Organic Compounds Regulations to
sources with emissions equal to or greater than 100 tpy of VOCs in Wise
County.
[[Page 46452]]
A complete evaluation of the TCEQ rules changes can be found in the
TSD to this proposal that is included in the official docket. The
changes TCEQ made includes ministerial changes as well as substantive
ones such as the addition of control requirements that apply to sources
in Wise County.
IV. Reasonably Achievable Control Technology in the DFW NAA
As noted above, the TCEQ's July 12, 2015, submission included a
RACT demonstration that VOC control measures in 30 TAC Chapter 115
applied to major sources in the DFW moderate NNA, including Wise
County. The TCEQ also provided information addressing the applicability
of Control Technology Guidelines (CTG) and Alternative Control
Technology (ACT) documents for VOC sources with emissions equal to or
greater than 100 tpy of VOCs in Wise County. The TCEQ also provided
negative declaration information for certain of these source categories
in Wise County. Furthermore, the TCEQ demonstrated that any major
source in the DFW NNA not covered by a CTG or ACT is controlled and
meets RACT and that the negative declarations provided by the TCEQ and
addressed in detail in the TSD to this proposal, are approvable.
The requirements for RACT are included in 182(b)(2) of the Act and
further explained in our ``SIP Requirements Rule'' of March 6, 2015 (80
FR 12279), which explains States should refer to existing CTGs and ACT
documents as well as all relevant technical information including
recent technical information received during the public comment period
to determine if RACT is being applied. States may conclude, in some
cases, that sources already addressed by RACT determinations to meet
the 1-Hour and/or the 1997 8-Hour O3 NAAQS do not need to
implement additional controls to meet the 2008 ozone NAAQS RACT
requirement. See 40 CFR 51.1112. The EPA has previously found that
Texas VOC rules meet RACT for the 1-Hour and the 1997 8-Hour standards.
See 74 FR 1903, January 14, 2009 and 80 FR 16291, March 27, 2015.
We have reviewed the emission limitations and control requirements
detailed in 30 TAC Chapter 115 and compared them against EPA's CTG
documents and guidelines. Based on our review and evaluation, we found
the emission limitations and control requirements in 30 TAC Chapter 115
apply to the source categories covered by our guidance and CTG
documents, and that the corresponding sections in 30 TAC Chapter 115
provide for the lowest emission limitation through application of
control techniques that are reasonably available considering
technological and economic feasibility. Also, the TCEQ demonstrated
that any major source in the DFW NNA not covered by a CTG or ACT is
controlled and meets RACT.
Based on the above evaluation, we are proposing to determine that
the applicable emission limitations and control requirements in 30 TAC
Chapter 115 represent RACT under the 2008 8-Hour ozone NAAQS.
A complete evaluation of how the TCEQ rules meet the requirements
of the EPAs CTGs, ACTs and RACT requirements can be found in the TSD to
this proposal that is included in the official docket. In particular,
see pages 13-21 of the TSD.
V. The EPA's Proposed Action
The EPA is proposing to approve the submitted TAC Chapter 115 SIP
revisions into the SIP because these revisions will assist the DFW area
reach attainment under the 2008 8-Hour O3 NAAQS by reducing
VOC emissions for affected sources in the DFW area. The EPA is
proposing to approve all revisions for the amended, repealed, and new
sections of Chapter 115 that are being submitted for inclusion into the
SIP. The EPA is also making a determination that the TCEQ rules
included in these revisions will meet the RACT requirements of the CAA
Sec. 182(b) for the 2008 O3 NAAQS. We are also making a
determination that the negative declarations provided by the TCEQ are
approvable.
VI. Incorporation by Reference
In this action, the EPA is proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference revisions to the Texas regulations as
described in the Proposed Action section above. The EPA has 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.
VII. 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), 13563 (76 FR 3821, January 21,
2011) and 13771 (82 FR 9339, February 2, 2017);
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
[[Page 46453]]
Dated: September 29, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-21491 Filed 10-4-17; 8:45 am]
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