Approval and Promulgation of Air Quality Implementation Plans; Texas; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter Ambient Air Quality Standard, 12522-12527 [2018-05767]
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• 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 (Public Law 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, this proposed rule,
concerning the SO2 attainment plan for
the Warren nonattainment area in
Pennsylvania, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
State, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Sulfur oxides.
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Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018–05876 Filed 3–21–18; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0843; FRL–9975–28Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Infrastructure and Interstate Transport
for the 2012 Fine Particulate Matter
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA or the Act), the Environmental
Protection Agency (EPA) is proposing to
approve elements of a State
Implementation Plan (SIP) submission
from the State of Texas for the 2012
primary fine particulate matter (PM2.5)
National Ambient Air Quality Standard
(NAAQS). This submittal addresses how
the existing SIP provides for
implementation, maintenance, and
enforcement of the 2012 PM2.5 NAAQS
(infrastructure SIP or i-SIP). This i-SIP
ensures that the Texas SIP is adequate
to meet the state’s responsibilities under
the CAA.
DATES: Written comments must be
received on or before April 23, 2018.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0843, at https://
www.regulations.gov or via email to
fuerst.sherry@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 Sherry Fuerst, (214) 665–6454,
fuerst.sherry@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/commentingepa-dockets.
SUMMARY:
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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:
Sherry Fuerst, (214) 665–6454,
fuerst.sherry@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with her or Bill Deese at
(214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ mean EPA.
I. Background
Below is a short discussion of the
background of the 2012 PM2.5 NAAQS
addressed in this notice. For more
information, please see the Technical
Support Document (TSD) and EPA
website https://www3.epa.gov/ttn/naaqs/
.
EPA has regulated PM since 1971,
when we published the first NAAQS for
PM (36 FR 8186, April 30, 1971). Most
recently, by notice dated January 15,
2013, following a periodic review of the
NAAQS for PM2.5, EPA revised the
primary annual PM2.5 NAAQS to 12.0
mg/m3 and retained the secondary PM2.5
annual standard of 15 mg/m3 as well as
the 24-hour PM2.5 primary and
secondary standards of 35 mg/m3 (78 FR
3086, December 14, 2012). The primary
NAAQS is designed to protect human
health, and the secondary NAAQS is
designed to protect the public welfare.
Each state must submit an i-SIP
within three years after the
promulgation of a new or revised
NAAQS. Section 110(a)(2) of the CAA
includes a list of specific elements the
i-SIP must meet. On September 13,
2013, the EPA issued guidance
addressing the i-SIP elements for
NAAQS.1 On December 1, 2015, the
Chairman of the Texas Commission on
Environmental Quality (TCEQ)
submitted an i-SIP revision to address
the revised NAAQS for 2012 PM2.5.2
1 ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act sections 110(a)(1) and 110(a)(2),’’
Memorandum from Stephen D. Page, September 13,
2013.
2 Additional information, including the history of
the priority pollutants, their levels forms and
determination of compliance; EPA approach for
reviewing i-SIP submittal and EPA’s evaluation; the
statute and regulatory citations in the Texas SIP
specific to the review the specific i-SIP applicable
CAA and EPA regulatory citations, Federal Register
Notice citations for the Texas SIP approvals; Texas
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II. EPA’s Evaluation of Texas’ NAAQS
Infrastructure Submission
Below is a summary of EPA’s
evaluation of the Texas i-SIP for each
applicable element of 110(a)(2)(A)–(M) 3
that we are proposing to approve. At
this time, we are not proposing action
on the visibility protection sub-element
under CAA section 110(a)(2)(D)(i)(II).
Texas provided a demonstration of how
the existing Texas SIP meets the
requirements of the 2012 PM2.5 NAAQS,
on December 1, 2015.
(A). Emission limits and other control
measures: The SIP must include
enforceable emission limits and other
control measures, means or techniques,
schedules for compliance and other
related matters as needed to implement,
maintain and enforce each of the
NAAQS.4
The Texas Clean Air Act (TCAA)
provides the TCEQ with broad legal
authority. It may adopt emission
standards and compliance schedules
applicable to regulated entities;
emission standards and limitations and
any other measures necessary for
attainment and maintenance of national
standards; and, enforce applicable laws,
regulations, standards and compliance
schedules, and seek injunctive relief.
This authority has been employed in the
past to adopt and submit multiple
revisions to the Texas SIP. The
approved SIP for Texas is documented
at 40 CFR part 52.2270. TCEQ’s air
quality rules and standards are codified
at Title 30, Part 1 of the Texas
Administrative Code (TAC). Numerous
parts of the regulations codified into 30
TAC necessary for implementing and
enforcing the NAAQS have been
adopted into the SIP.
(B) Ambient air quality monitoring/
data system: The SIP must provide for
establishment and implementation of
ambient air quality monitors, collection
and analysis of ambient air quality data,
minor New Source Review program and EPA
approval activities, and Texas’ Prevention of
Significant Deterioration (PSD) program can be
found in the TSD.
3 A detailed discussion of our evaluation can be
found in the TSD for this action. The TSD can be
accessed through www.regulations.gov (e-docket
EPA–R06–OAR–2013–0465).
4 The specific nonattainment area plan
requirements of section 110(a)(2)(I) are subject to
the timing requirements of section 172, not the
timing requirement of section 110(a)(1). Thus,
section 110(a)(2)(A) does not require that states
submit regulations or emissions limits specifically
for attaining the 2012 PM2.5. Those SIP provisions
are due as part of each state’s attainment plan, and
will be addressed separately from the requirements
of section 110(a)(2)(A). In the context of an
infrastructure SIP, EPA is not evaluating the
existing SIP provisions for this purpose. Instead,
EPA is only evaluating whether the state’s SIP has
basic structural provisions for the implementation
of the NAAQS.
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and providing the data to EPA upon
request.
The TCAA provides the authority
allowing the TCEQ to collect air
monitoring data, quality-assure the
results, and report the data. TCEQ
maintains and operates a monitoring
network to measure levels of PM2.5, as
well as other pollutants, in accordance
with EPA regulations specifying siting
and monitoring requirements. All
monitoring data is measured using EPA
approved methods and subject to the
EPA quality assurance requirements.
TCEQ submits all required data to us,
following the EPA regulations. The
Texas statewide monitoring network
was approved into the SIP on May 31,
1972 (37 FR 10842, 10895), was revised
on March 7, 1978 (43 FR 9275), and it
undergoes annual review by EPA.5 In
addition, TCEQ conducts a recurrent
assessment of its monitoring network
every five years, as required by EPA
rules. The most recent of these 5-year
monitoring network assessments was
conducted by TCEQ and approved by us
in July of 2015.6 The TCEQ website
provides the monitor locations and
posts past and current concentrations of
criteria pollutants measured by the
State’s network of monitors.7
(C) Program for enforcement of
control measures: The SIP must include
the following three elements: (1) A
program providing for enforcement of
the measures in paragraph (A) above; (2)
a program for the regulation of the
modification and construction of
stationary sources as necessary to
protect the applicable NAAQS (i.e.,
state-wide permitting of minor sources);
and (3) a permit program to meet the
major source permitting requirements of
the CAA (for areas designated as
attainment or unclassifiable for the
NAAQS in question).8
(1) Enforcement of SIP Measures. As
noted in (A), the TCAA provides
authority for the TCEQ, its Chairman,
and its Executive Director to enforce the
requirements of the TCAA, and any
regulations, permits, or final compliance
orders. These statutes also provide the
TCEQ, its Chairman, and its Executive
Director with general enforcement
powers. Among other things, they can
file lawsuits to compel compliance with
the statutes and regulations; commence
civil actions; issue field citations;
conduct investigations of regulated
entities; collect criminal and civil
penalties; develop and enforce rules and
standards related to protection of air
quality; issue compliance orders; pursue
criminal prosecutions; investigate, enter
into remediation agreements; and issue
emergency cease and desist orders. The
TCAA also provides additional
enforcement authorities and funding
mechanisms.
(2) Minor New Source Review (NSR).
The SIP is required to include measures
to regulate construction and
modification of stationary sources to
protect the NAAQS. The Texas minor
NSR permitting requirements are
approved as part of the SIP.9
(3) Prevention of Significant
Deterioration (PSD) permit program.
The Texas PSD portion of the SIP covers
all NSR regulated pollutants as well as
the requirements for the 2012 PM2.5
NAAQS and has been approved by EPA
(79 FR 66626, November 10, 2014).10
(D) Interstate and international
transport: Under CAA section
110(a)(2)(D)(i), there are four subelements the SIP must include relating
to interstate transport. The first two of
the four sub-elements are provided in
CAA section 110(a)(2)(D)(i)(I) and
require that the SIP contain adequate
provisions prohibiting emissions to
other states which will (1) contribute
significantly to nonattainment of the
NAAQS, or (2) interfere with
maintenance of the NAAQS. The third
and fourth sub-elements are outlined in
CAA section 110(a)(2)(D)(i)(II) and
require that the SIP contain adequate
provisions prohibiting emissions to
other states which will (1) interfere with
measures required to prevent significant
deterioration or (2) interfere with
measures to protect visibility. We are
not taking action on the visibility
protection sub-element at this time.
Texas’s SIP revision submittal
evaluated the two sub-elements of
section 110(a)(2)(D)(i)(I) by considering
the following factors:
• An analysis of the most recent
annual PM2.5 design values to determine
5 A copy of the 2017 Annual Air Monitoring
Network Plan and our approval letter are included
in the docket for this proposed rulemaking.
6 A copy of TCEQ’s 2015 5-year ambient
monitoring network assessment and our response
letter are included in the docket for this proposed
rulemaking.
7 See https://www.tceq.texas.gov/airquality/
monops/sites/mon_sites.html and https://
www17.tceq.texas.gov/tamis/
index.cfm?fuseaction=home.welcome.
8 We discuss these requirements in further detail
in the TSD.
9 EPA is not proposing to approve or disapprove
the existing Texas minor NSR program to the extent
that it may be inconsistent with EPA’s regulations
governing this program. EPA has maintained that
the CAA does not require that new infrastructure
SIP submissions correct any defects in existing
EPA-approved provisions of minor NSR programs
in order for EPA to approve the infrastructure SIP
for element C, program for enforcement of control
measures, (e.g., 76 FR 41076–41079). The statutory
requirements of section 110(a)(2)(C) provide for
considerable flexibility in designing minor NSR
programs.
10 We discuss this requirement further in the TSD.
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which areas near Texas violate, or are
close to violating the 2012 annual PM2.5
NAAQS;
• An analysis of the PM2.5 annual
design value trends in Texas to
determine if the PM2.5 concentrations in
Texas are increasing or decreasing; and,
• An investigation of PM2.5 annual
design value trends in other states to
determine whether PM2.5 concentrations
in those areas are increasing or
decreasing.
This evaluation concluded that Texas
will not significantly contribute to
nonattainment or interfere with
maintenance of the PM2.5 NAAQS in
other states.
On March 17, 2016 EPA issued a
memorandum providing information on
the development and review of SIPs that
address CAA section 110(a)(2)(D)(i) for
the 2012 PM2.5 NAAQS
(Memorandum).11 We used the
information in the Memorandum and
additional information for our
evaluation and came to the same
conclusion as the State. In our
evaluation, as discussed in greater detail
in the TSD, we identified the potential
downwind nonattainment and
maintenance receptors (i.e., monitors),
and then evaluated them to determine if
Texas’s emissions could potentially
contribute to nonattainment and
maintenance problems in 2021, the
attainment year for moderate PM2.5
nonattainment areas. Specifically, the
analysis identified (i) 17 potential
nonattainment and maintenance
receptors in California, but based on our
evaluation of the local emissions, wind
speed and direction, topographical and
meteorological conditions and seasonal
variations recorded at the monitors, we
propose to conclude that Texas’s
emissions do not significantly impact
those receptors; (ii) one potential
receptor in Shoshone County, Idaho, but
based on an evaluation similar to that of
the California monitors, we propose to
conclude that Texas’s emissions do not
significantly impact that receptor; (iii)
one potential receptor in Allegheny
County, Pennsylvania, but we expect
the air quality affecting it to improve to
the point where there will not be a
nonattainment or maintenance receptor
by 2021 and, in any event, modeling
from the Cross-State Air Pollution Rule
(CSAPR) indicates that Texas emissions
11 ‘‘Information on the Interstate Transport Good
Neighbor Provision for the 2012 Fine Particulate
Matter National Ambient Air Quality Standards
under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
Memorandum from Stephen D. Page, Director, EPA
Office of Air Quality Planning and Standards
(March 17, 2016), https://www.epa.gov/sites/
production/files/2016-08/documents/goodneighbor-memo_implementation.pdf.
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are not impacting it; (iv) the receptors in
four counties in Florida have data gaps,
and as such, we initially treat those
counties as potential nonattainment or
maintenance receptors, but it is unlikely
that they will in fact be nonattainment
or maintenance receptors in 2021 and in
any event, CSAPR modeling indicates
that Texas emissions do not impact
them; and (v) all receptors in Illinois
have data gaps, and same as in (iv) we
initially treat them as potential
nonattainment or maintenance
receptors, but it is unlikely that they
will in fact nonattainment or
maintenance receptors in 2021 because
the most recent air quality data (from
2015 and 2016) indicates that all
monitors in Illinois are likely attaining
the PM2.5 NAAQS. Thus, EPA is
proposing to approve the SIP revisions
as meeting CAA section 110(a)(2)(i)(I)
sub-elements that Texas emissions will
not contribute significantly to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
for any other state.
With regard to the PSD sub-element of
CAA section 110(a)(2)(D)(i)(II), Texas
stated, as noted in element C above, that
it has a comprehensive EPA-approved
PSD program. As we have approved the
Texas comprehensive PSD program (79
FR 66626, November 10, 2014), the third
sub-element, that the SIP contain
adequate provisions prohibiting
emissions to other states which will
interfere with measures required to
prevent significant deterioration is met.
Therefore, we are proposing to approve
the portion of the State’s i-SIP
submission which addresses the PSD
sub-element of interstate transport. As
noted above, at this time we are not
proposing action on the visibility
protection sub-element of interstate
transport.
A more detailed evaluation of how the
SIP revision meets the first three subelements of CAA section 110(a)(2)(D)(i)
may be found in the TSD.
CAA section 110(a)(2)(D)(ii) requires
that the SIP contain adequate provisions
insuring compliance with the applicable
requirements of sections 126 (relating to
interstate pollution abatement) and 115
(relating to international pollution
abatement). As stated in its submittal,
Texas meets the section 126
requirements as (1) it has a fully
approved PSD SIP (79 FR 66626,
November 10, 2014), which includes
notification to neighboring air agencies
of potential impacts from each new or
modified major source and (2) no source
or sources have been identified by the
EPA as having any interstate impacts
under section 126 in any pending action
related to any air pollutant. Texas meets
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section 115 requirements as there are no
findings by EPA that Texas air
emissions affect other countries.
Therefore, we propose to approve the
submitted revision pertaining to CAA
section 110(a)(2)(D)(ii).
(E) Adequate authority, resources,
implementation, and oversight: The SIP
must provide for the following: (1)
Necessary assurances that the state (and
other entities within the state
responsible for implementing the SIP)
will have adequate personnel, funding,
and authority under state or local law to
implement the SIP, and that there are no
legal impediments to such
implementation; (2) requirements
relating to state boards; and (3)
necessary assurances that the state has
responsibility for ensuring adequate
implementation of any plan provision
for which it relies on local governments
or other entities to carry out that portion
of the plan.
Both elements (A) and (E) address the
requirement that there is adequate
authority to implement and enforce the
SIP and that there are no legal
impediments.
The i-SIP submission for the 2012
PM2.5 NAAQS describes the SIP
regulations governing the various
functions of personnel within the TCEQ,
including the administrative, technical
support, planning, enforcement, and
permitting functions of the program.
With respect to funding, the TCAA
requires TCEQ to establish an emissions
fee schedule for sources in order to fund
the reasonable costs of administering
various air pollution control programs
and authorizes TCEQ to collect
additional fees necessary to cover
reasonable costs associated with
processing of air permit applications.
EPA conducts periodic program reviews
to ensure that the state has adequate
resources and funding to, among other
things, implement and enforce the SIP.
As required by the CAA, the Texas
statutes and the SIP stipulate that any
board or body, which approves permits
or enforcement orders, must have at
least a majority of members who
represent the public interest and do not
derive any ‘‘significant portion’’ of their
income from persons subject to permits
and enforcement orders or who appear
before the board on issues related to the
CAA or the TCAA. The members of the
board or body, or the head of an agency
with similar powers, are required to
adequately disclose any potential
conflicts of interest.
With respect to assurances that the
State has responsibility to implement
the SIP adequately when it authorizes
local or other agencies to carry out
portions of the plan, the Texas statutes
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and the SIP designate the TCEQ as the
primary air pollution control agency
and TCEQ maintains authority to ensure
implementation of any applicable plan
portion.
(F) Stationary source monitoring
system: The SIP must provide for the
establishment of a system to monitor
emissions from stationary sources and
to submit periodic emission reports. It
must require the installation,
maintenance, and replacement of
equipment, and the implementation of
other necessary steps, by owners or
operators of stationary sources, to
monitor emissions from such sources.
The SIP shall also require periodic
reports on the nature and amounts of
emissions and emissions-related data
from such sources, and require that the
state correlate the source reports with
emission limitations or standards
established under the CAA. These
reports must be made available for
public inspection at reasonable times.
The TCAA authorizes the TCEQ to
require persons engaged in operations
which result in air pollution to monitor
or test emissions and to file reports
containing information relating to the
nature and amount of emissions. There
also are SIP-approved state regulations
pertaining to sampling and testing and
requirements for reporting of emissions
inventories. In addition, SIP-approved
rules establish general requirements for
maintaining records and reporting
emissions.
The TCEQ uses this information, in
addition to information obtained from
other sources, to track progress towards
maintaining the NAAQS, developing
control and maintenance strategies,
identifying sources and general
emission levels, and determining
compliance with SIP-approved
regulations and additional EPA
requirements. The SIP requires this
information be made available to the
public. Provisions concerning the
handling of confidential data and
proprietary business information are
included in the SIP-approved
regulations. These rules specifically
exclude from confidential treatment any
records concerning the nature and
amount of emissions reported by
sources.
(G) Emergency authority: The SIP
must provide for authority to address
activities causing imminent and
substantial endangerment to public
health or welfare or the environment
and to include contingency plans to
implement such authorities as
necessary.
The TCAA provides TCEQ with
authority to address environmental
emergencies, and TCEQ has contingency
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plans to implement emergency episode
provisions. Upon a finding that any
owner/operator is unreasonably
affecting the public health, safety or
welfare, or the health of animal or plant
life, or property, the TCAA and 30 TAC
chapters 35 and 118 authorize TCEQ to,
after a reasonable attempt to give notice,
declare a state of emergency and issue
without hearing an emergency special
order directing the owner/operator to
cease such pollution immediately. The
TCEQ may issue emergency orders, or
issue or suspend air permits as required
by an air pollution emergency.
(H) Future SIP revisions: States must
have the authority to revise their SIPs in
response to changes in the NAAQS,
availability of improved methods for
attaining the NAAQS, or in response to
an EPA finding that the SIP is
substantially inadequate to attain the
NAAQS.
The TCAA authorizes the TCEQ to
revise the Texas SIP, as necessary, to
account for revisions of an existing
NAAQS, establishment of a new
NAAQS, to attain and maintain a
NAAQS, to abate air pollution, to adopt
more effective methods of attaining a
NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or
implementation.
(I) Nonattainment areas: The CAA
section 110(a)(2)(I) requires that in the
case of a plan or plan revision for areas
designated as nonattainment areas,
states must meet applicable
requirements of part D of the CAA,
relating to SIP requirements for
designated nonattainment areas.
However, as noted earlier, EPA does
not expect infrastructure SIP
submissions to address subsection (I).
The specific SIP submissions for
designated nonattainment areas, as
required under CAA title I, part D, are
subject to different submission
schedules than those for section 110
infrastructure elements. Instead, EPA
will take action on any part D
attainment plan SIP submission through
a separate rulemaking process governed
by the requirements for nonattainment
areas, as described in part D.
(J) Consultation with government
officials, public notification, PSD and
visibility protection: The SIP must meet
the following three CAA requirements:
(1) Section 121, relating to interagency
consultation regarding certain CAA
requirements; (2) section 127, relating to
public notification of NAAQS
exceedances and related issues; and (3)
prevention of significant deterioration of
air quality and (4) visibility protection.
(1) Interagency consultation: As
required by the TCAA, there must be a
public hearing before the adoption of
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12525
any regulations or emission control
requirements, and all interested persons
are given a reasonable opportunity to
review the action that is being proposed
and to submit data or arguments, either
orally or in writing, and to examine the
testimony of witnesses from the hearing.
In addition, the TCAA provides the
TCEQ the power and duty to establish
cooperative agreements with local
authorities, and consult with other
states, the federal government and other
interested persons or groups in regard to
matters of common interest in the field
of air quality control. Furthermore, the
Texas PSD SIP rules mandate that the
TCEQ shall provide for public
participation and notification regarding
permitting applications to any other
state or local air pollution control
agencies, local government officials of
the city or county where the source will
be located, tribal authorities, and
Federal Land Manager (FLMs) whose
lands may be affected by emissions from
the source or modification.
Additionally, the State’s PSD SIP rules
require the TCEQ to consult with FLMs
regarding permit applications for
sources with the potential to impact
Class I Federal Areas. The SIP also
includes a commitment to consult
continually with the FLMs on the
review and implementation of the
visibility program. The State recognizes
the expertise of the FLMs in monitoring
and new source review applicability
analyses for visibility, and has agreed to
notify the FLMs of any advance
notification or early consultation with a
new or modifying source prior to the
submission of a permit application.
Likewise, the State’s Transportation
Conformity SIP rules provide for
interagency consultation, resolution of
conflicts, and public notification.
(2) Public Notification: The i-SIP
submission from Texas provide the SIP
regulatory citations requiring the TCEQ
to regularly notify the public of
instances or areas in which any NAAQS
are exceeded. Included in the SIP are
the rules for TCEQ to advise the public
of the health hazard associated with
such exceedances; and enhance public
awareness of measures that can prevent
such exceedances and of ways in which
the public can participate in the
regulatory and other efforts to improve
air quality. In addition, as discussed for
infrastructure element B above, the
TCEQ air monitoring website provides
quality data for each of the monitoring
stations in Texas; this data is provided
instantaneously for certain pollutants,
such as ozone. The website also
provides information on the health
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effects of lead, ozone, particulate matter,
and other criteria pollutants.
(3) PSD and Visibility Protection: The
PSD requirements for this element are
the same as those addressed under
element (C) above. The Texas SIP
requirements relating to visibility
protection are not affected when EPA
establishes or revises a NAAQS.
Therefore, EPA believes that there are
no new visibility protection
requirements due to the revision of the
NAAQS, and consequently there are no
newly applicable visibility protection
obligations pursuant to infrastructure
element (J).
(K) Air quality and modeling/data:
The SIP must provide for performing air
quality modeling, as prescribed by EPA,
to predict the effects on ambient air
quality of any emissions of any NAAQS
pollutant, and for submission of such
data to EPA upon request.
The TCEQ has the power and duty,
under TCAA to develop facts and
investigate providing for the functions
of environmental air quality assessment.
Past modeling and emissions reductions
measures have been submitted by the
State and approved into the SIP.
Additionally, TCEQ has the ability to
perform modeling for primary and
secondary NAAQS on a case by case
permit basis consistent with their SIP-
approved PSD rules and with EPA
guidance.
The TCAA authorizes and requires
TCEQ to cooperate with the federal
government and local authorities
concerning matters of common interest
in the field of air quality control,
thereby allowing the agency to make
such submissions to the EPA.
(L) Permitting Fees: The SIP must
require each major stationary source to
pay permitting fees to the permitting
authority, as a condition of any permit
required under the CAA, to cover the
cost of reviewing and acting upon any
application for such a permit, and, if the
permit is issued, the costs of
implementing and enforcing the terms
of the permit. The fee requirement
applies until a fee program established
by the state pursuant to Title V of the
CAA, relating to operating permits, is
approved by EPA.
See the discussion for element (E)
above for the description of the
mandatory collection of permitting fees
outlined in the SIP.
(M) Consultation/participation by
affected local entities: The SIP must
provide for consultation and
participation by local political
subdivisions affected by the SIP.
See discussion for element (J) (1) and
(2) above for a description of the SIP’s
public participation process, the
authority to advise and consult, and the
PSD SIP’s public participation
requirements. Additionally, the TCAA
also requires initiation of cooperative
action between local authorities and the
TCEQ, between one local authority and
another, or among any combination of
local authorities and the TCEQ for
control of air pollution in areas having
related air pollution problems that
overlap the boundaries of political
subdivisions, and entering into
agreements and compacts with
adjoining states and Indian tribes, where
appropriate. The transportation
conformity component of the Texas SIP
requires that interagency consultation
and opportunity for public involvement
be provided before making
transportation conformity
determinations and before adopting
applicable SIP revisions on
transportation-related issues.
III. Proposed Action
EPA is proposing to approve the
majority of the December 1, 2015
infrastructure SIP submission from
Texas, which address the requirements
of CAA sections 110(a)(1) and (2) as
applicable to the 2012 PM2.5 NAAQS.
The Table below outlines the specific
actions EPA is proposing to approve.
TABLE 1—PROPOSED ACTION ON TEXAS INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS
2012
PM2.5
daltland on DSKBBV9HB2PROD with PROPOSALS
Element
(A): Emission limits and other control measures ...........................................................................................................................................
(B): Ambient air quality monitoring and data system ....................................................................................................................................
(C)(i): Enforcement of SIP measures ............................................................................................................................................................
(C)(ii):PSD program for major sources and major modifications ...................................................................................................................
(C)(iii): Permitting program for minor sources and minor modifications ........................................................................................................
(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS (requirements 1 and 2) .........................................................
(D)(i)(II): PSD (requirement 3) .......................................................................................................................................................................
(D)(i)(II): Visibility Protection (requirement 4) ................................................................................................................................................
(D)(ii): Interstate and International Pollution Abatement ...............................................................................................................................
(E)(i): Adequate resources .............................................................................................................................................................................
(E)(ii): State boards ........................................................................................................................................................................................
(E)(iii): Necessary assurances with respect to local agencies ......................................................................................................................
(F): Stationary source monitoring system ......................................................................................................................................................
(G): Emergency power ...................................................................................................................................................................................
(H): Future SIP revisions ...............................................................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D .........................................................................................................................
(J)(i): Consultation with government officials .................................................................................................................................................
(J)(ii): Public notification .................................................................................................................................................................................
(J)(iii): PSD .....................................................................................................................................................................................................
(J)(iv): Visibility protection ..............................................................................................................................................................................
(K): Air quality modeling and data .................................................................................................................................................................
(L): Permitting fees .........................................................................................................................................................................................
(M): Consultation and participation by affected local entities ........................................................................................................................
A
A
A
A
A
A
A
NA
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table 1: Proposed action on TX infrastructure SIP submittals for various NAAQS.
A—Approve.
+—Not germane to infrastructure SIPs.
NA EPA is taking no action on this infrastructure requirement.
Based upon review of the State’s
infrastructure SIP submission and
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18:44 Mar 21, 2018
Jkt 244001
relevant statutory and regulatory
authorities and provisions referenced in
PO 00000
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Sfmt 4702
this submission or referenced in Texas’
SIP, EPA believes that Texas has the
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infrastructure in place to address all
applicable required elements of sections
110(a)(1) and (2) (except otherwise
noted) to ensure that the 2012 PM2.5,
NAAQS are implemented in the state.
daltland on DSKBBV9HB2PROD with PROPOSALS
IV. 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,
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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18:44 Mar 21, 2018
Jkt 244001
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 16, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–05767 Filed 3–21–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 84
[Docket No. CDC–2018–0003; NIOSH–309]
RIN 0920–AA66
Clarification of Post-Approval Testing
Standards for Closed-Circuit Escape
Respirators; Technical Amendments
Centers for Disease Control and
Prevention, HHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of Health and
Human Services (HHS) proposes to
modify current language found in Title
42 of the Code of Federal Regulations
which addresses post-approval testing
of closed-circuit escape respirators
(CCERs). The revised language should
clarify that post-approval testing of
CCERs may exclude human subject
testing and environmental conditioning,
at the discretion of the National Institute
for Occupational Safety and Health
(NIOSH) within the Centers for Disease
Control and Prevention, HHS. The
revision to the text in this paragraph
will clarify the scope of post-approval
testing conducted by NIOSH.
DATES: Comments must be received by
May 21, 2018.
ADDRESSES: Written comments: You may
submit comments by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: NIOSH Docket Office, Robert
A. Taft Laboratories, MS–C34, 1090
SUMMARY:
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
12527
Tusculum Avenue, Cincinnati, OH
45226.
Instructions: All submissions received
must include the agency name (Centers
for Disease Control and Prevention,
HHS) and docket number (CDC–2018–
0003; NIOSH–309) or Regulation
Identifier Number (0920–AA66) for this
rulemaking. All relevant comments,
including any personal information
provided, will be posted without change
to https://www.regulations.gov. For
detailed instructions on submitting
public comments, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket go to
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Rachel Weiss, Office of the Director,
NIOSH; 1090 Tusculum Avenue, MS:C–
48, Cincinnati, OH 45226; telephone
(855) 818–1629 (this is a toll-free
number); email NIOSHregs@cdc.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested parties may participate in
this rulemaking by submitting written
views, opinions, recommendations, and
data. Comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
include any information in your
comment or supporting materials that
you do not wish to be disclosed. You
may submit comments on any topic
related to this notice of proposed
rulemaking.
II. Statutory Authority
Pursuant to the Occupational Safety
and Health (OSH) Act of 1970 (Pub. L.
91–596), the Organic Act of 1910 (Pub.
L. 179), and the Federal Mine Safety and
Health Act of 1977 (Pub. L. 91–173),
NIOSH is authorized to approve
respiratory equipment and to conduct
scientific investigations or tests
concerning the safety and health of
miners and other workers.
III. Background
The provisions in 42 CFR 84.310
govern the procedures NIOSH follows in
conducting post-approval testing of
closed-circuit escape respirators
(CCERs) sold and distributed to
employees. The post-approval testing
program, known as the long-term field
evaluation (LTFE) program, is designed
to ensure the CCERs’ continued safety
and viability as emergency life support
after having been exposed to harsh
environments such as those found in
mining. According to the existing
language in § 84.310(c), post-approval
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]]>Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12522-12527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05767]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0843; FRL-9975-28-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Infrastructure and Interstate Transport for the 2012 Fine
Particulate Matter Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve elements
of a State Implementation Plan (SIP) submission from the State of Texas
for the 2012 primary fine particulate matter (PM2.5)
National Ambient Air Quality Standard (NAAQS). This submittal addresses
how the existing SIP provides for implementation, maintenance, and
enforcement of the 2012 PM2.5 NAAQS (infrastructure SIP or
i-SIP). This i-SIP ensures that the Texas SIP is adequate to meet the
state's responsibilities under the CAA.
DATES: Written comments must be received on or before April 23, 2018.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0843, at https://www.regulations.gov or via email to
[email protected]. 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 Sherry Fuerst, (214) 665-
6454, [email protected]. 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: Sherry Fuerst, (214) 665-6454,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with her or Bill Deese at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' mean EPA.
I. Background
Below is a short discussion of the background of the 2012
PM2.5 NAAQS addressed in this notice. For more information,
please see the Technical Support Document (TSD) and EPA website https://www3.epa.gov/ttn/naaqs/.
EPA has regulated PM since 1971, when we published the first NAAQS
for PM (36 FR 8186, April 30, 1971). Most recently, by notice dated
January 15, 2013, following a periodic review of the NAAQS for
PM2.5, EPA revised the primary annual PM2.5 NAAQS
to 12.0 [micro]g/m\3\ and retained the secondary PM2.5
annual standard of 15 [micro]g/m\3\ as well as the 24-hour
PM2.5 primary and secondary standards of 35 [micro]g/m\3\
(78 FR 3086, December 14, 2012). The primary NAAQS is designed to
protect human health, and the secondary NAAQS is designed to protect
the public welfare.
Each state must submit an i-SIP within three years after the
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA
includes a list of specific elements the i-SIP must meet. On September
13, 2013, the EPA issued guidance addressing the i-SIP elements for
NAAQS.\1\ On December 1, 2015, the Chairman of the Texas Commission on
Environmental Quality (TCEQ) submitted an i-SIP revision to address the
revised NAAQS for 2012 PM2.5.\2\
---------------------------------------------------------------------------
\1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
\2\ Additional information, including the history of the
priority pollutants, their levels forms and determination of
compliance; EPA approach for reviewing i-SIP submittal and EPA's
evaluation; the statute and regulatory citations in the Texas SIP
specific to the review the specific i-SIP applicable CAA and EPA
regulatory citations, Federal Register Notice citations for the
Texas SIP approvals; Texas minor New Source Review program and EPA
approval activities, and Texas' Prevention of Significant
Deterioration (PSD) program can be found in the TSD.
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[[Page 12523]]
II. EPA's Evaluation of Texas' NAAQS Infrastructure Submission
Below is a summary of EPA's evaluation of the Texas i-SIP for each
applicable element of 110(a)(2)(A)-(M) \3\ that we are proposing to
approve. At this time, we are not proposing action on the visibility
protection sub-element under CAA section 110(a)(2)(D)(i)(II). Texas
provided a demonstration of how the existing Texas SIP meets the
requirements of the 2012 PM2.5 NAAQS, on December 1, 2015.
---------------------------------------------------------------------------
\3\ A detailed discussion of our evaluation can be found in the
TSD for this action. The TSD can be accessed through
www.regulations.gov (e-docket EPA-R06-OAR-2013-0465).
---------------------------------------------------------------------------
(A). Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, schedules for compliance and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\4\
---------------------------------------------------------------------------
\4\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2012
PM2.5. Those SIP provisions are due as part of each
state's attainment plan, and will be addressed separately from the
requirements of section 110(a)(2)(A). In the context of an
infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the
implementation of the NAAQS.
---------------------------------------------------------------------------
The Texas Clean Air Act (TCAA) provides the TCEQ with broad legal
authority. It may adopt emission standards and compliance schedules
applicable to regulated entities; emission standards and limitations
and any other measures necessary for attainment and maintenance of
national standards; and, enforce applicable laws, regulations,
standards and compliance schedules, and seek injunctive relief. This
authority has been employed in the past to adopt and submit multiple
revisions to the Texas SIP. The approved SIP for Texas is documented at
40 CFR part 52.2270. TCEQ's air quality rules and standards are
codified at Title 30, Part 1 of the Texas Administrative Code (TAC).
Numerous parts of the regulations codified into 30 TAC necessary for
implementing and enforcing the NAAQS have been adopted into the SIP.
(B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of ambient air quality data, and
providing the data to EPA upon request.
The TCAA provides the authority allowing the TCEQ to collect air
monitoring data, quality-assure the results, and report the data. TCEQ
maintains and operates a monitoring network to measure levels of
PM2.5, as well as other pollutants, in accordance with EPA
regulations specifying siting and monitoring requirements. All
monitoring data is measured using EPA approved methods and subject to
the EPA quality assurance requirements. TCEQ submits all required data
to us, following the EPA regulations. The Texas statewide monitoring
network was approved into the SIP on May 31, 1972 (37 FR 10842, 10895),
was revised on March 7, 1978 (43 FR 9275), and it undergoes annual
review by EPA.\5\ In addition, TCEQ conducts a recurrent assessment of
its monitoring network every five years, as required by EPA rules. The
most recent of these 5-year monitoring network assessments was
conducted by TCEQ and approved by us in July of 2015.\6\ The TCEQ
website provides the monitor locations and posts past and current
concentrations of criteria pollutants measured by the State's network
of monitors.\7\
---------------------------------------------------------------------------
\5\ A copy of the 2017 Annual Air Monitoring Network Plan and
our approval letter are included in the docket for this proposed
rulemaking.
\6\ A copy of TCEQ's 2015 5-year ambient monitoring network
assessment and our response letter are included in the docket for
this proposed rulemaking.
\7\ See https://www.tceq.texas.gov/airquality/monops/sites/mon_sites.html and https://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=home.welcome.
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(C) Program for enforcement of control measures: The SIP must
include the following three elements: (1) A program providing for
enforcement of the measures in paragraph (A) above; (2) a program for
the regulation of the modification and construction of stationary
sources as necessary to protect the applicable NAAQS (i.e., state-wide
permitting of minor sources); and (3) a permit program to meet the
major source permitting requirements of the CAA (for areas designated
as attainment or unclassifiable for the NAAQS in question).\8\
---------------------------------------------------------------------------
\8\ We discuss these requirements in further detail in the TSD.
---------------------------------------------------------------------------
(1) Enforcement of SIP Measures. As noted in (A), the TCAA provides
authority for the TCEQ, its Chairman, and its Executive Director to
enforce the requirements of the TCAA, and any regulations, permits, or
final compliance orders. These statutes also provide the TCEQ, its
Chairman, and its Executive Director with general enforcement powers.
Among other things, they can file lawsuits to compel compliance with
the statutes and regulations; commence civil actions; issue field
citations; conduct investigations of regulated entities; collect
criminal and civil penalties; develop and enforce rules and standards
related to protection of air quality; issue compliance orders; pursue
criminal prosecutions; investigate, enter into remediation agreements;
and issue emergency cease and desist orders. The TCAA also provides
additional enforcement authorities and funding mechanisms.
(2) Minor New Source Review (NSR). The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. The Texas minor NSR permitting
requirements are approved as part of the SIP.\9\
---------------------------------------------------------------------------
\9\ EPA is not proposing to approve or disapprove the existing
Texas minor NSR program to the extent that it may be inconsistent
with EPA's regulations governing this program. EPA has maintained
that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs in order for EPA to approve the infrastructure
SIP for element C, program for enforcement of control measures,
(e.g., 76 FR 41076-41079). The statutory requirements of section
110(a)(2)(C) provide for considerable flexibility in designing minor
NSR programs.
---------------------------------------------------------------------------
(3) Prevention of Significant Deterioration (PSD) permit program.
The Texas PSD portion of the SIP covers all NSR regulated pollutants as
well as the requirements for the 2012 PM2.5 NAAQS and has
been approved by EPA (79 FR 66626, November 10, 2014).\10\
---------------------------------------------------------------------------
\10\ We discuss this requirement further in the TSD.
---------------------------------------------------------------------------
(D) Interstate and international transport: Under CAA section
110(a)(2)(D)(i), there are four sub-elements the SIP must include
relating to interstate transport. The first two of the four sub-
elements are provided in CAA section 110(a)(2)(D)(i)(I) and require
that the SIP contain adequate provisions prohibiting emissions to other
states which will (1) contribute significantly to nonattainment of the
NAAQS, or (2) interfere with maintenance of the NAAQS. The third and
fourth sub-elements are outlined in CAA section 110(a)(2)(D)(i)(II) and
require that the SIP contain adequate provisions prohibiting emissions
to other states which will (1) interfere with measures required to
prevent significant deterioration or (2) interfere with measures to
protect visibility. We are not taking action on the visibility
protection sub-element at this time.
Texas's SIP revision submittal evaluated the two sub-elements of
section 110(a)(2)(D)(i)(I) by considering the following factors:
An analysis of the most recent annual PM2.5
design values to determine
[[Page 12524]]
which areas near Texas violate, or are close to violating the 2012
annual PM2.5 NAAQS;
An analysis of the PM2.5 annual design value
trends in Texas to determine if the PM2.5 concentrations in
Texas are increasing or decreasing; and,
An investigation of PM2.5 annual design value
trends in other states to determine whether PM2.5
concentrations in those areas are increasing or decreasing.
This evaluation concluded that Texas will not significantly
contribute to nonattainment or interfere with maintenance of the
PM2.5 NAAQS in other states.
On March 17, 2016 EPA issued a memorandum providing information on
the development and review of SIPs that address CAA section
110(a)(2)(D)(i) for the 2012 PM2.5 NAAQS (Memorandum).\11\
We used the information in the Memorandum and additional information
for our evaluation and came to the same conclusion as the State. In our
evaluation, as discussed in greater detail in the TSD, we identified
the potential downwind nonattainment and maintenance receptors (i.e.,
monitors), and then evaluated them to determine if Texas's emissions
could potentially contribute to nonattainment and maintenance problems
in 2021, the attainment year for moderate PM2.5
nonattainment areas. Specifically, the analysis identified (i) 17
potential nonattainment and maintenance receptors in California, but
based on our evaluation of the local emissions, wind speed and
direction, topographical and meteorological conditions and seasonal
variations recorded at the monitors, we propose to conclude that
Texas's emissions do not significantly impact those receptors; (ii) one
potential receptor in Shoshone County, Idaho, but based on an
evaluation similar to that of the California monitors, we propose to
conclude that Texas's emissions do not significantly impact that
receptor; (iii) one potential receptor in Allegheny County,
Pennsylvania, but we expect the air quality affecting it to improve to
the point where there will not be a nonattainment or maintenance
receptor by 2021 and, in any event, modeling from the Cross-State Air
Pollution Rule (CSAPR) indicates that Texas emissions are not impacting
it; (iv) the receptors in four counties in Florida have data gaps, and
as such, we initially treat those counties as potential nonattainment
or maintenance receptors, but it is unlikely that they will in fact be
nonattainment or maintenance receptors in 2021 and in any event, CSAPR
modeling indicates that Texas emissions do not impact them; and (v) all
receptors in Illinois have data gaps, and same as in (iv) we initially
treat them as potential nonattainment or maintenance receptors, but it
is unlikely that they will in fact nonattainment or maintenance
receptors in 2021 because the most recent air quality data (from 2015
and 2016) indicates that all monitors in Illinois are likely attaining
the PM2.5 NAAQS. Thus, EPA is proposing to approve the SIP
revisions as meeting CAA section 110(a)(2)(i)(I) sub-elements that
Texas emissions will not contribute significantly to nonattainment or
interfere with maintenance of the 2012 PM2.5 NAAQS for any
other state.
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\11\ ``Information on the Interstate Transport Good Neighbor
Provision for the 2012 Fine Particulate Matter National Ambient Air
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),''
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality
Planning and Standards (March 17, 2016), https://www.epa.gov/sites/production/files/2016-08/documents/good-neighbor-memo_implementation.pdf.
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With regard to the PSD sub-element of CAA section
110(a)(2)(D)(i)(II), Texas stated, as noted in element C above, that it
has a comprehensive EPA-approved PSD program. As we have approved the
Texas comprehensive PSD program (79 FR 66626, November 10, 2014), the
third sub-element, that the SIP contain adequate provisions prohibiting
emissions to other states which will interfere with measures required
to prevent significant deterioration is met. Therefore, we are
proposing to approve the portion of the State's i-SIP submission which
addresses the PSD sub-element of interstate transport. As noted above,
at this time we are not proposing action on the visibility protection
sub-element of interstate transport.
A more detailed evaluation of how the SIP revision meets the first
three sub-elements of CAA section 110(a)(2)(D)(i) may be found in the
TSD.
CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate
provisions insuring compliance with the applicable requirements of
sections 126 (relating to interstate pollution abatement) and 115
(relating to international pollution abatement). As stated in its
submittal, Texas meets the section 126 requirements as (1) it has a
fully approved PSD SIP (79 FR 66626, November 10, 2014), which includes
notification to neighboring air agencies of potential impacts from each
new or modified major source and (2) no source or sources have been
identified by the EPA as having any interstate impacts under section
126 in any pending action related to any air pollutant. Texas meets
section 115 requirements as there are no findings by EPA that Texas air
emissions affect other countries. Therefore, we propose to approve the
submitted revision pertaining to CAA section 110(a)(2)(D)(ii).
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) requirements
relating to state boards; and (3) necessary assurances that the state
has responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan.
Both elements (A) and (E) address the requirement that there is
adequate authority to implement and enforce the SIP and that there are
no legal impediments.
The i-SIP submission for the 2012 PM2.5 NAAQS describes
the SIP regulations governing the various functions of personnel within
the TCEQ, including the administrative, technical support, planning,
enforcement, and permitting functions of the program.
With respect to funding, the TCAA requires TCEQ to establish an
emissions fee schedule for sources in order to fund the reasonable
costs of administering various air pollution control programs and
authorizes TCEQ to collect additional fees necessary to cover
reasonable costs associated with processing of air permit applications.
EPA conducts periodic program reviews to ensure that the state has
adequate resources and funding to, among other things, implement and
enforce the SIP.
As required by the CAA, the Texas statutes and the SIP stipulate
that any board or body, which approves permits or enforcement orders,
must have at least a majority of members who represent the public
interest and do not derive any ``significant portion'' of their income
from persons subject to permits and enforcement orders or who appear
before the board on issues related to the CAA or the TCAA. The members
of the board or body, or the head of an agency with similar powers, are
required to adequately disclose any potential conflicts of interest.
With respect to assurances that the State has responsibility to
implement the SIP adequately when it authorizes local or other agencies
to carry out portions of the plan, the Texas statutes
[[Page 12525]]
and the SIP designate the TCEQ as the primary air pollution control
agency and TCEQ maintains authority to ensure implementation of any
applicable plan portion.
(F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from such sources. The SIP
shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and require
that the state correlate the source reports with emission limitations
or standards established under the CAA. These reports must be made
available for public inspection at reasonable times.
The TCAA authorizes the TCEQ to require persons engaged in
operations which result in air pollution to monitor or test emissions
and to file reports containing information relating to the nature and
amount of emissions. There also are SIP-approved state regulations
pertaining to sampling and testing and requirements for reporting of
emissions inventories. In addition, SIP-approved rules establish
general requirements for maintaining records and reporting emissions.
The TCEQ uses this information, in addition to information obtained
from other sources, to track progress towards maintaining the NAAQS,
developing control and maintenance strategies, identifying sources and
general emission levels, and determining compliance with SIP-approved
regulations and additional EPA requirements. The SIP requires this
information be made available to the public. Provisions concerning the
handling of confidential data and proprietary business information are
included in the SIP-approved regulations. These rules specifically
exclude from confidential treatment any records concerning the nature
and amount of emissions reported by sources.
(G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
The TCAA provides TCEQ with authority to address environmental
emergencies, and TCEQ has contingency plans to implement emergency
episode provisions. Upon a finding that any owner/operator is
unreasonably affecting the public health, safety or welfare, or the
health of animal or plant life, or property, the TCAA and 30 TAC
chapters 35 and 118 authorize TCEQ to, after a reasonable attempt to
give notice, declare a state of emergency and issue without hearing an
emergency special order directing the owner/operator to cease such
pollution immediately. The TCEQ may issue emergency orders, or issue or
suspend air permits as required by an air pollution emergency.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
The TCAA authorizes the TCEQ to revise the Texas SIP, as necessary,
to account for revisions of an existing NAAQS, establishment of a new
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt
more effective methods of attaining a NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or implementation.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
However, as noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. Instead, EPA will take action on any part
D attainment plan SIP submission through a separate rulemaking process
governed by the requirements for nonattainment areas, as described in
part D.
(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency consultation
regarding certain CAA requirements; (2) section 127, relating to public
notification of NAAQS exceedances and related issues; and (3)
prevention of significant deterioration of air quality and (4)
visibility protection.
(1) Interagency consultation: As required by the TCAA, there must
be a public hearing before the adoption of any regulations or emission
control requirements, and all interested persons are given a reasonable
opportunity to review the action that is being proposed and to submit
data or arguments, either orally or in writing, and to examine the
testimony of witnesses from the hearing. In addition, the TCAA provides
the TCEQ the power and duty to establish cooperative agreements with
local authorities, and consult with other states, the federal
government and other interested persons or groups in regard to matters
of common interest in the field of air quality control. Furthermore,
the Texas PSD SIP rules mandate that the TCEQ shall provide for public
participation and notification regarding permitting applications to any
other state or local air pollution control agencies, local government
officials of the city or county where the source will be located,
tribal authorities, and Federal Land Manager (FLMs) whose lands may be
affected by emissions from the source or modification. Additionally,
the State's PSD SIP rules require the TCEQ to consult with FLMs
regarding permit applications for sources with the potential to impact
Class I Federal Areas. The SIP also includes a commitment to consult
continually with the FLMs on the review and implementation of the
visibility program. The State recognizes the expertise of the FLMs in
monitoring and new source review applicability analyses for visibility,
and has agreed to notify the FLMs of any advance notification or early
consultation with a new or modifying source prior to the submission of
a permit application. Likewise, the State's Transportation Conformity
SIP rules provide for interagency consultation, resolution of
conflicts, and public notification.
(2) Public Notification: The i-SIP submission from Texas provide
the SIP regulatory citations requiring the TCEQ to regularly notify the
public of instances or areas in which any NAAQS are exceeded. Included
in the SIP are the rules for TCEQ to advise the public of the health
hazard associated with such exceedances; and enhance public awareness
of measures that can prevent such exceedances and of ways in which the
public can participate in the regulatory and other efforts to improve
air quality. In addition, as discussed for infrastructure element B
above, the TCEQ air monitoring website provides quality data for each
of the monitoring stations in Texas; this data is provided
instantaneously for certain pollutants, such as ozone. The website also
provides information on the health
[[Page 12526]]
effects of lead, ozone, particulate matter, and other criteria
pollutants.
(3) PSD and Visibility Protection: The PSD requirements for this
element are the same as those addressed under element (C) above. The
Texas SIP requirements relating to visibility protection are not
affected when EPA establishes or revises a NAAQS. Therefore, EPA
believes that there are no new visibility protection requirements due
to the revision of the NAAQS, and consequently there are no newly
applicable visibility protection obligations pursuant to infrastructure
element (J).
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
The TCEQ has the power and duty, under TCAA to develop facts and
investigate providing for the functions of environmental air quality
assessment. Past modeling and emissions reductions measures have been
submitted by the State and approved into the SIP. Additionally, TCEQ
has the ability to perform modeling for primary and secondary NAAQS on
a case by case permit basis consistent with their SIP-approved PSD
rules and with EPA guidance.
The TCAA authorizes and requires TCEQ to cooperate with the federal
government and local authorities concerning matters of common interest
in the field of air quality control, thereby allowing the agency to
make such submissions to the EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority, as a
condition of any permit required under the CAA, to cover the cost of
reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until a fee program
established by the state pursuant to Title V of the CAA, relating to
operating permits, is approved by EPA.
See the discussion for element (E) above for the description of the
mandatory collection of permitting fees outlined in the SIP.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
See discussion for element (J) (1) and (2) above for a description
of the SIP's public participation process, the authority to advise and
consult, and the PSD SIP's public participation requirements.
Additionally, the TCAA also requires initiation of cooperative action
between local authorities and the TCEQ, between one local authority and
another, or among any combination of local authorities and the TCEQ for
control of air pollution in areas having related air pollution problems
that overlap the boundaries of political subdivisions, and entering
into agreements and compacts with adjoining states and Indian tribes,
where appropriate. The transportation conformity component of the Texas
SIP requires that interagency consultation and opportunity for public
involvement be provided before making transportation conformity
determinations and before adopting applicable SIP revisions on
transportation-related issues.
III. Proposed Action
EPA is proposing to approve the majority of the December 1, 2015
infrastructure SIP submission from Texas, which address the
requirements of CAA sections 110(a)(1) and (2) as applicable to the
2012 PM2.5 NAAQS. The Table below outlines the specific
actions EPA is proposing to approve.
Table 1--Proposed Action on Texas Infrastructure SIP Submittal for
Various NAAQS
------------------------------------------------------------------------
Element 2012 PM2.5
------------------------------------------------------------------------
(A): Emission limits and other control A
measures.
(B): Ambient air quality monitoring and data A
system.
(C)(i): Enforcement of SIP measures.......... A
(C)(ii):PSD program for major sources and A
major modifications.
(C)(iii): Permitting program for minor A
sources and minor modifications.
(D)(i)(I): Contribute to nonattainment/ A
interfere with maintenance of NAAQS
(requirements 1 and 2).
(D)(i)(II): PSD (requirement 3).............. A
(D)(i)(II): Visibility Protection NA
(requirement 4).
(D)(ii): Interstate and International A
Pollution Abatement.
(E)(i): Adequate resources................... A
(E)(ii): State boards........................ A
(E)(iii): Necessary assurances with respect A
to local agencies.
(F): Stationary source monitoring system..... A
(G): Emergency power......................... A
(H): Future SIP revisions.................... A
(I): Nonattainment area plan or plan +
revisions under part D.
(J)(i): Consultation with government A
officials.
(J)(ii): Public notification................. A
(J)(iii): PSD................................ A
(J)(iv): Visibility protection............... +
(K): Air quality modeling and data........... A
(L): Permitting fees......................... A
(M): Consultation and participation by A
affected local entities.
------------------------------------------------------------------------
Key to Table 1: Proposed action on TX infrastructure SIP submittals for
various NAAQS.
A--Approve.
+--Not germane to infrastructure SIPs.
NA EPA is taking no action on this infrastructure requirement.
Based upon review of the State's infrastructure SIP submission and
relevant statutory and regulatory authorities and provisions referenced
in this submission or referenced in Texas' SIP, EPA believes that Texas
has the
[[Page 12527]]
infrastructure in place to address all applicable required elements of
sections 110(a)(1) and (2) (except otherwise noted) to ensure that the
2012 PM2.5, NAAQS are implemented in the state.
IV. 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, 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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).
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, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 16, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-05767 Filed 3-21-18; 8:45 am]
BILLING CODE 6560-50-P
