Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology in the Houston-Galveston-Brazoria Ozone Nonattainment Area, 29727-29731 [2018-13651]

Download as PDF Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2017–0055; FRL–9979– 57—Region 6] Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology in the Houston-GalvestonBrazoria Ozone Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing approval of revisions to the Texas State Implementation Plan (SIP) addressing volatile organic compounds (VOC) revised rules and the State’s reasonably available control technology (RACT) analyses for VOC and nitrogen oxides (NOX). We are proposing to approve the revised VOC rules as assisting in reaching attainment of the 2008 ozone National Air Quality Ambient Air Quality Standards (NAAQS or the standard) and as meeting the RACT requirements in the Houston-Galveston-Brazoria 2008 8hour ozone nonattainment area (HGB area). We are also proposing to approve negative declarations for certain VOC source categories subject to RACT in the HGB area. The EPA also is proposing to find that the State’s RACT analyses demonstrate that the HGB area meets the VOC and NOX RACT requirements for this standard. DATES: Written comments must be received on or before July 26, 2018. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2017–0055, 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 sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:21 Jun 25, 2018 Jkt 244001 other file sharing system). For additional submission methods, please contact 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 the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Robert M. Todd, 214–665–2156, Todd.Robert@epa.gov. To inspect the hard copy materials, please schedule an appointment with Mr. Todd or Mr. Bill Deese at 214–665–7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) help produce ground-level ozone, or smog, which harms human health and the environment. Sections 182(b)(2) and (f) require that SIPs for ozone nonattainment areas classified as moderate or above include implementation of RACT for any source covered by a Control Techniques Guidelines (CTG) document and for any major source of VOC or NOX. The EPA has defined RACT as the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility. See September 17, 1979 (44 FR 53761). For a Moderate, Serious, or Severe area a major stationary source is one that emits, or has the potential to emit, 100, 50, or 25 tons per year (tpy) or more of VOCs or NOX, respectively. See CAA sections 182(b), 182(c), and 182(d). The EPA provides states with guidance concerning what types of controls could constitute RACT for a given source category through the issuance of CTG and Alternative Control Techniques (ACT) documents. See https:// www.epa.gov/airquality/ozonepollution/ SIPToolkit/ctgs.html (URL dating August 17, 2014) for a listing of EPAissued CTGs and ACTs. Any major PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 29727 source not covered by the presumptive CTG rule or a rule similar to the ACT must be controlled to meet RACT. On March 27, 2008, the EPA revised the primary and secondary Ozone (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 nonattainment areas 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. The HGB area, which consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties in Texas, is currently designated as nonattainment for the 2008 8-hour ozone NAAQS with a ‘‘moderate’’ classification (81 FR 90207, December 14, 2016). Originally the HGB area was classified as ‘‘marginal’’ (77 FR 30088 and 77 FR 30160, May 21, 2012).4 However, the HGB area did not meet the revised attainment deadline of July 20, 2016 and was reclassified to moderate. Based on the moderate classification of the HGB area for the 2008 ozone standard, under section 182(b) of the CAA, a major stationary source in the area is one that emits, or has the potential to emit, 100 tpy or more of VOCs or NOX. 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 8-hour average ozone concentration. See 40 CFR part 50, appendix I. 4 Subsequently the attainment deadlines were revised under the marginal classification. 80 FR 12264, March 6, 2015; 81 FR 26697, May 4, 2016. E:\FR\FM\26JNP1.SGM 26JNP1 29728 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules On December 29, 2016 Texas submitted its SIP demonstration that RACT for sources of VOC and NOX emissions in the HGB area is met for the 2008 NAAQS, along rule revisions to 30 TAC, Chapter 115 (Control of Air Pollution from Volatile Organic Compounds). Texas, in its SIP analyses to identify major stationary sources of NOX and VOC reviewed the TCEQ point source emissions inventory, NSR and Clean Air Act Title V databases to locate potential sources. All sources in the Title V database that were listed as a major source for NOX or VOC emissions are included in the RACT analysis. TCEQ noted that they reviewed sources that reported actual emissions as low as 10 tpy of NOX or VOC to account for the difference between actual and potential emissions. TCEQ also noted that sites from the emissions inventory database with emissions equal to or greater than a threshold of 25 tpy or more of NOX or VOC definition that were not identified in the Title V database and could not be verified as minor sources by other means are also included in the RACT analysis. sradovich on DSK3GMQ082PROD with PROPOSALS II. Evaluation Reliance on Prior RACT Determination for HGB Area In TCEQ’s December 29, 2016 SIP, Table F–1 titled ‘‘State Rules Addressing VOC RACT Requirements in CTG Reference Documents’’ lists VOC CTG source categories, its reference document, and state rules addressing VOC RACT requirements. Table F–2 titled ‘‘State Rules Addressing VOC RACT Requirements in ACT Reference Documents,’’ in TCEQ’s December 29, 2016 SIP, lists state rules addressing VOC RACT in ACT reference documents. The implementation rule of March 6, 2015 (80 FR 12279), explains that States should refer to existing CTG 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 ozone NAAQS do not need to implement additional controls to meet the 2008 ozone NAAQS RACT requirement (80 FR 12264, March 6, 2015). The EPA has approved the 30 TAC Chapter 115 VOC rules as RACT for the HGB area under the 1-hour and1997 8-hour ozone NAAQS (71 FR, 52670, September 6, 2006;78 FR 19599, April 2, 2013; 79 FR 21144, April 15, 2014; 79 FR 45105, August 4, 2014; and 80 FR 16291, March 27, 2015). The EPA VerDate Sep<11>2014 16:21 Jun 25, 2018 Jkt 244001 determined that VOC RACT is in place for all CTG and non-CTG major sources in the HGB area for the 1-hour and 1997 8-hour ozone NAAQS (71 FR 52676, September 6, 2006 and 79 FR 21144, April 15, 2014). Texas’s SIP submittal relies on those EPA-approved Chapter 115 rules for the 1-hour and 1997 8-hour ozone NAAQS to fulfill RACT requirement for CTG and non-CTG VOC major sources for the 2008 8-hour ozone NAAQS. We are proposing to incorporate by reference the dockets for those decisions.5 We are proposing to find that the rules we approved as meeting RACT for the 1-hour and 1997 8-hour ozone NAAQS also meet RACT for the 2008 8hour ozone NAAQS. We have determined this is appropriate because the fundamental control techniques described in the CTG and ACT documents, are still applicable and a new RACT determination by Texas would result in the same or similar control technology as the RACT determinations made for the 1-hour or 1997 standard. This view is supported by the implementing rule for the 2008 ozone NAAQS.6 The Chapter 115 rules provide appropriate VOC emissions reductions that are equivalent to control options cited in the CTG and ACT documents and any non-CTG major sources are controlled. During the public comment period for the attainment demonstration the state received one suggestion to implement the new CTG for the Oil and Natural Gas Industry (EPA–453/B–16–001, October 2016) in the HGB area. EPA has issued a notice of proposed withdrawal; request for comment. See 83 FR 10478, March 9, 2018. VOC RACT Analysis for Additional Controls or Newly Identified Sources TCEQ found that the VOC storage tank category was partially controlled and evaluated whether additional controls would be feasible and economical. They revised the storage tank rules to add more controls to meet RACT. TCEQ also identified a Vegetable Oil Manufacturing Operations source emitting VOCs in a quantity greater than the major source definition required under the previous NAAQS standard for the HGB area. TCEQ’s analysis showed that the source met control recommendations listed in an earlier CTG document for the Vegetable Oil 5 See EPA–R06–OAR–2005–TX–0018 and EPA– R06–OAR–2012–0100, available through the Regulations.gov website at: https:// www.regulations.gov/. 6 See 80 FR 12279, final action and rationale and 80 FR 12280, first column, comments and responses. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Manufacturing Operations source category and therefore met RACT. We are proposing to fully approve the submitted rules as part of the SIP to assist in achieving the 2008 ozone NAAQS and finding the revised storage tank rules meet VOC RACT for the HGB area. Below, we discuss in more detail our proposed approval of the storage tank rule revisions and the vegetable oil manufacturing processing source as meeting RACT. Please see the Technical Support Document (TSD) for additional information. Texas in its DFW RACT analyses for the 2008 ozone standard, found that the storage tank source category was partially controlled and additional controls were feasible and economical. We recently approved storage tank rule revisions as meeting the RACT requirement for the 2008 ozone NAAQS in the DFW area.7 The SIP requirements controlling VOC emissions from storage tanks are found in 30 TAC, Chapter 115, Subchapter B, Division 1 (Storage of Volatile Organic Compounds) and Texas revised §§ 115.112, 115.114, 115.118 and 115.119 for the HGB area to match those EPA approved for the DFW area as RACT. The major changes are to § 115.112, Control Requirements, which increases control efficiency of control devices, other than vapor recovery units or flares, from 90% to 95% for VOC storage tanks in the HGB area and expands the requirement to control VOC emissions to sources not previously covered; § 115.114, Inspection Requirements, which adds the requirement to inspect closure devices on fixed roofs tanks to prevent VOC flash gassing; § 115.118, Recordkeeping Requirements, which expands recordkeeping requirements for fixed roof crude oil and condensate storage tanks with uncontrolled VOC emissions of at least 25 tpy to the HGB area, as well as extends record retention for affected VOC storage tanks and expands the rule applicability to include the aggregate of fixed roof crude oil and condensate storage tanks at pipeline breakout stations in the HGB area; and, § 115.119, Compliance Schedules, which clarifies the responsibility for sources in the HGB area to comply and defines July 20, 2018 as the final date for owners and operators to comply with the new standards for the area. The increased control efficiency requirements; inspection, repair, and recordkeeping requirements; and expanded applicability for fixed roof 7 We approved those rules on December 21, 2017. See 82 FR 60546. The codification of the Texas SIP approved by EPA can be found at 40 CFR 52.2270(c). E:\FR\FM\26JNP1.SGM 26JNP1 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS crude oil and condensate storage tanks are already in place for VOC storage tanks in the DFW area. We have approved the rule changes into the state SIP and found they meet VOC RACT for the DFW area. We are proposing to incorporate by reference the docket for that decision.8 The adopted rule revisions address RACT for both CTG and non-CTG major VOC storage tanks in the HGB area. We propose to approve the Texas submitted revisions, as described in detail in the TSD to this proposal, to the storage tank rule for the HGB area as part of the SIP and as meeting RACT for the HGB area for the 2008 8-hour NAAQS. In the Texas submittal, the State identified a vegetable oil manufacturing operation category in the HGB area as a major source.9 Previously, EPA had approved Texas’ negative declaration for vegetable oil manufacturing operation for the HGB area for the VOC RACT for the 1997 8-hour ozone NAAQS (79 FR 21144, April 15, 2014). In its RACT analysis for the 2008 8-hour ozone standard, Texas determined that existing SIP-approved Chapter 115 rules for existing process vents and the bulk loading operations already approved as RACT for the 1997 8-hour ozone standard satisfy VOC RACT requirements for this single vegetable oil manufacturing operations source. The SIP rules are consistent with the EPA approved RACT requirements for vegetable oil processing operations in the San Joaquin Valley Unified Air Pollution Control District Rule 461.2 (current rule number 4691) (59 FR 2535, January 18, 1994). Also this source category is covered under 40 CFR part 63, subpart GGGG. EPA agrees with Texas that the controls for vegetable oil manufacturing operations meet RACT. Thus, we propose to approve Texas’s analysis that RACT is met for the vegetable oil manufacturing operation source. For further details of the San Joaquin rule, please see the TSD. During the public comment period for the attainment demonstration, the state did receive a suggestion that it include the October, 2016 Oil and Natural Gas CTG 10 in their RACT analysis. A review 8 See is EPA–R06–OAR–2015–0832, available through the Regulations.gov website at: https:// www.regulations.gov/. 9 The Vegetable Oil Control Techniques Guideline was deferred regarding implementation in 1979 and it is not currently listed as an applicable source category. The Solvent Extraction for Vegetable Oil Production NESHAP (40 CFR part 63 Subpart GGGG) applies controls to the same manufacturing category and emission sources, has been adopted by reference into TCEQ’s Chapter 113 regulations and applies to this facility. 10 EPA has issued a ‘‘notice of proposed withdrawal: request for comment’’ indicating the VerDate Sep<11>2014 16:21 Jun 25, 2018 Jkt 244001 of EPA’s implementing memo 11 for this CTG shows Texas is required to submit revisions to the SIP two years, or sooner, after the availability of the CTG. In this case, the date of the notice of availability was October 27, 2016 (See 81 FR 74798) which did not allow adequate time for Texas to incorporate the Oil and Natural Gas CTG controls into their state rules and submit them as part of this RACT analysis. Texas therefore was not required to consider this newly issued CTG in their analysis. VOC RACT Negative Declarations States are not required to adopt RACT limits for source categories for which no major sources exist in a nonattainment area and can submit a negative declaration to that effect. The negative declaration would need to assert that there are no major CTG sources in the area, and the accompanying analysis would need to support that conclusion. Texas has reviewed its emission inventory and determined that its previous negative declarations for fiberglass boat manufacturing materials, surface coating for flat wood paneling, letterpress printing, automobile and light-duty truck assembly coating, and rubber tire manufacturing submitted as part of its HGB Area VOC RACT SIP for the 1997 ozone NAAQS are still applicable (79 FR 21144, April 15, 2014). We also are unaware of any sources in these CTG source categories in the area and therefore we propose to approve these negative declarations. See Table F–2 titled ‘‘State Rules Addressing VOC RACT Requirements in ACT Reference Documents.’’ We are also not aware of any major sources in the ACT source categories in the area and therefore we propose to agree with TCEQ’s negative declaration for the ACT categories. HGB Area NOX RACT TCEQ Analysis Under CAA section 182(f) RACT is required for major sources of NOx. For NOX, the EPA has issued ACT documents that describe available control technologies but do not define presumptive RACT levels. In TCEQ’s December 29, 2016 SIP, Table F–3: State Rules Addressing NOX RACT agency is considering withdrawing the Oil and Natural Gas CTG. See 83 FR 10478, March 9, 2018. 11 See ‘‘Implementing Reasonably Available Control Technology Requirements for Sources Covered by the 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry’’ Memorandum from Anna Marie Wood, October 20, 2016. https:// www.epa.gov/sites/production/files/2016-10/ documents/implementing_reasonably_available_ control_technology_requirements_for_sources_ covered_by_the_2016_control_techniques_ guidelines_for_the_oil_and_natural_gas_ industry.pdf. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 29729 Requirements in ACT Reference Documents provides the emission source categories, the ACT reference documents, and the state rules addressing the RACT requirements for sources in the NOX ACT documents. TCEQ also identified other major NOx sources than those covered by the ACT and how the RACT requirement is addressed for them. The RACT analysis is contained in Appendix F of the TCEQ’s December 29, 2016 SIP submittal as a component of the HGB 2008 8-hour ozone attainment demonstration plan. In 2013, EPA determined that NOX control measures in 30 TAC Chapter 117 met 1997 8-hour RACT requirements for major sources of NOX in the HGB area under the 1-hour and 1997 8-hour ozone NAAQS (78 FR 19599, April 2, 2013). Texas’s SIP relies on those EPAapproved Chapter 117 rules to fulfill RACT requirements for NOX source categories that exist in the HGB area with the exception of a glass furnace. We are proposing to incorporate by reference the docket for that decision.12 In our implementation rule for the 2008 ozone NAAQS we made clear we believed that, in some cases, new RACT determinations would ‘‘result in the same or similar control technology as the RACT determinations made for the 1-hour or 1997 standards.’’ This is because the fundamental control techniques, as described in the CTG and ACT documents, are still applicable. Following this line of reasoning, Texas determined the existing Chapter 117 NOX reduction regulations provide appropriate NOX emissions reductions that meet RACT emission reduction requirements and adequately incorporate ACT document controls where appropriate. As noted above, during the public comment period for the attainment demonstration, the state did receive a suggestion that it include the October, 2016 Oil and Natural Gas CTG in their RACT analysis. A review of the controls in the CTG indicated NOX emissions were not considered in this CTG. Texas, therefore, is not required to consider this newly issued CTG in their NOX analysis. We are proposing to find that the existing Chapter 117 rules meet the RACT requirement in the HGB area for the 2008 ozone NAAQS. Texas noted their review of NOX sources in the HGB area identified a facility falling under the Glass manufacturing ACT category. The source has existing controls consistent 12 See is EPA–R06–OAR–2012–0100, available through the Regulations.gov website at: https:// www.regulations.gov/. E:\FR\FM\26JNP1.SGM 26JNP1 29730 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules with RACT. For a full discussion of the source and the rationale for including existing controls as RACT for the HGB area please see the TSD to this proposal. Texas did not locate any major sources subject to the NOX Emission from Cement Manufacturing ACT. For all the other NOX ACT sources, excepting the glass manufacturing facility mentioned above, the state has established Chapter 117 regulations we have previously approved as RACT for the 1997 8-hour ozone NAAQS and as discussed above are proposing to find meet RACT for the 2008 ozone NAAQS. CAA 110(l) Analysis CAA section 110(l) requires that a SIP revision submitted to EPA be adopted after reasonable notice and public hearing. Section 110(l) also requires that we not approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. The TCEQ provided copies of the Public Notice of proposed changes to Chapter 115 (Control of VOC Emissions), including the text published in the Texas Register and local newspapers. The TCEQ also held a public hearing on the revisions to Chapter 115 on October 24, 2016 in Houston, Texas. (More information on the public comments the state received is available in the TSD to this proposal.) The only change in control requirements in these revisions are the additional controls for VOC storage tanks. The remainder of the revisions provide an evaluation that with new controls on VOC storage tanks, existing controls on NOX and VOC are sufficient to meet the RACT requirements for the HGB area. The changes to the VOC storage tank rules will enhance the state’s ability to come into compliance with the 2008 O3 standard. The institution of the additional control requirements would not be expected to interfere with attainment or maintenance of any other NAAQS. In sum, Texas adopted the SIP revision after reasonable notice, a public hearing, and an opportunity for public comment. We propose that the revisions enhance the SIP by providing VOC emission reductions through new requirements on storage tanks and continuing NOX and VOC RACT controls for the HGB area. The CAA 110(l) requirements are met. III. Proposed Action We are proposing to approve revisions to the Texas SIP addressing the 2008 ozone NAAQS and the RACT requirements for sources in the HGB area. Specifically, we are proposing to: (1) Find previous VOC and NOX RACT determinations made for the HGB area under the 1-hour ozone NAAQS and the 1997 8-hour NAAQS meet RACT for the 2008 ozone NAAQS; (2) approve revisions to 30 TAC Chapter 115 sections described in Table 1 below into the state SIP because they assist in meeting the 2008 ozone NAAQS; (3) find the revisions described in Table 1 below meet VOC RACT for the HGB area; and (4) find that the HGB area meets VOC and NOX RACT for the 2008 ozone NAAQS. TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL [Subchapter B, Division 1, Storage of Volatile Organic Compounds] Section amended 115.112 Amendment Control Requirements ............ Inspection Requirements ........ 115.118 sradovich on DSK3GMQ082PROD with PROPOSALS 115.114 Recordkeeping Requirements 115.119 Compliance Schedules ........... VerDate Sep<11>2014 16:21 Jun 25, 2018 Comments 115.112(a)(3)—minor clerical changes, changes § 60.18(b–f) to read § 60.18(b)– (f). 115.112(d)(5)—Minor word changes, changes ‘‘subparagraphs’’ to read ‘‘subparagraph’’. 115.112(d)—adds reference to compliance dates and efficiencies cited in 115.112(e)(3). 115.112(e)(3)(A)(i-iii)—increases control efficiency requirements for VOC control devices, other than flares or vapor recovery devices, from 90% efficiency to 95% efficiency as of July 20, 2018. 115.112(e)(5)—Word change applies the requirement to control VOC emissions from aggregated storage tanks at pipeline breakout stations in the HGB NA area. 115.112(e)(6)—Minor word changes, changes ‘‘subparagraphs’’ to read ‘‘subparagraph’’. 115.112(e)(7)—Adds crude oil and condensate storage tanks in HGB area to sources required to maintain flash emission control devices per manufacturer recommendations or good Engineering Practice. 115.114(a)(5), adds inspection requirement of closure devices controlling VOC flash gassing on fixed roof storage tanks storing crude oil or condensate prior to custody transfer or at pipeline breakout stations in the HGB area. Changes to 115.118(a)(6)(D)—Expands the requirement to keep records detailing standards used to maintain tanks and tank closure devices to sources in the HGB NA area. This recordkeeping requirement now applies to owner/operators (O/Os) of storage tanks used to store crude oil or condensate prior to custody transfer, or at a pipeline breakout station, in the HGB area and required to control flash emissions via 115.112(e). Changes to 115.118(a)(6)(E) expands requirement to maintain record of inspection results and required repairs in 115.112(e)(7) or 115.114(a)(5) to sources in HGB area by eliminating the phrase limiting this requirement to the DallasFort Worth area and making a minor wording change to the paragraph. New requirement in 115.118(a)(7) for O/Os to maintain any record created after January 1, 2017, in the HGB NA area, for five years at a minimum. Changes to 115.119(a)(1), clarifies existing sources in HGB NA area should comply with control requirements in 115.112(e)(1)–(6), rather than the earlier reference to 115.112(e) in its entirety. The changes to the language distinguish between compliance dates for exiting requirements in the HGB NA area under 115.112(e)(1)–(6) and the new requirement for the HGB NA area under 115.112(e)(7). Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM Non substantive. Non substantive. Clarifies duty to comply in HGB area by July 20, 2018. Represents an increased level of VOC control in the HGB area on the date of implementation. Change will reduce VOC emissions in the HGB area by requiring greater control of VOC emissions from pipeline break out stations in the area. Non substantive. Will aid in compliance and VOC emissions reductions. Will reduce potential for VOC emissions in the HGB area. Recordkeeping will enhance compliance and enforcement of control requirements. Recordkeeping will enhance compliance and enforcement of control requirements. Applies five-year recordkeeping requirement to affected sources in the HGB area. This is expected to enhance compliance and enforcement of the rules. Clarifies applicability and will result in increased compliance and reduced regulatory confusion. 26JNP1 29731 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL—Continued [Subchapter B, Division 1, Storage of Volatile Organic Compounds] Section amended Amendment Comments Additional sentence expressly states the requirement to comply with 90% control efficiency requirement [see 115.112(e)(3)(A)(i)] in the HGB area no longer applies beginning July 20, 2018. Therefore, all control devices in the area must meet the 95% DRE requirement after that date. Also, some ministerial changes to conform with current formatting practices for state rules were made. Changes to 115.119(a)(2) clarifies existing sources in HGB area should comply with control requirements in 115.112(e)(1)–(6), rather than the earlier reference to 115.112(e) in its entirety. The changes to the language distinguish between compliance dates for exiting requirements in the HGB NA area under 115.112(e)(1)-(6) and the new requirement for the HGB NA area under 115.112(e)(7). Additional wording expressly states the requirement to comply with 90% DRE [see 115.112(e)(3)(A)(i)] is in effect in the HGB area for an affected source until the source complies with the 95% control efficiency stated in 115.112(e)(3)(A)(ii) or July 20, 2018 at the latest. Represents an increased level of VOC control in the HGB area on the date of implementation. Ministerial changes are non-substantive. New paragraph 115.119(a)(3) is added requiring compliance with new control standards, inspection and record keeping requirements for affected sources in the HGB NA area as soon as practicable, but not later than July 20, 2018. sradovich on DSK3GMQ082PROD with PROPOSALS IV. 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 in hard copy at the EPA Region 6 office. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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.); VerDate Sep<11>2014 16:21 Jun 25, 2018 Jkt 244001 • 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). PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Clarifies applicability and should result in increased compliance and reduced regulatory confusion. Full compliance represents an increased level of VOC control in the HGB NA area and will result in reduced VOC emissions in the area on the date of implementation. Clarifies early compliance is desirable and establishes a final date to comply. Expected to simplify compliance and enforcement. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 20, 2018. Anne Idsal, Regional Administrator, Region 6. [FR Doc. 2018–13651 Filed 6–25–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–2003–0010; FRL–9979– 86—Region 7] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Omaha Lead Superfund Site Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of intent. AGENCY: Environmental Protection Agency (EPA) Region 7 is issuing a Notice of Intent to Delete 101 residential parcels of the Omaha Lead Superfund site located in Omaha, Nebraska, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, is SUMMARY: E:\FR\FM\26JNP1.SGM 26JNP1

Agencies

[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29727-29731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13651]



[[Page 29727]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0055; FRL-9979-57--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology in the Houston-Galveston-
Brazoria Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing approval of 
revisions to the Texas State Implementation Plan (SIP) addressing 
volatile organic compounds (VOC) revised rules and the State's 
reasonably available control technology (RACT) analyses for VOC and 
nitrogen oxides (NOX). We are proposing to approve the 
revised VOC rules as assisting in reaching attainment of the 2008 ozone 
National Air Quality Ambient Air Quality Standards (NAAQS or the 
standard) and as meeting the RACT requirements in the Houston-
Galveston-Brazoria 2008 8-hour ozone nonattainment area (HGB area). We 
are also proposing to approve negative declarations for certain VOC 
source categories subject to RACT in the HGB area. The EPA also is 
proposing to find that the State's RACT analyses demonstrate that the 
HGB area meets the VOC and NOX RACT requirements for this 
standard.

DATES: Written comments must be received on or before July 26, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0055, 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 Robert M. Todd, (214) 
665-2156, [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 the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Robert M. Todd, 214-665-2156, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Todd or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Volatile Organic Compounds (VOC) and Oxides of Nitrogen 
(NOX) help produce ground-level ozone, or smog, which harms 
human health and the environment. Sections 182(b)(2) and (f) require 
that SIPs for ozone nonattainment areas classified as moderate or above 
include implementation of RACT for any source covered by a Control 
Techniques Guidelines (CTG) document and for any major source of VOC or 
NOX. The EPA has defined RACT as the lowest emissions 
limitation that a particular source is capable of meeting by the 
application of control technology that is reasonably available, 
considering technological and economic feasibility. See September 17, 
1979 (44 FR 53761).
    For a Moderate, Serious, or Severe area a major stationary source 
is one that emits, or has the potential to emit, 100, 50, or 25 tons 
per year (tpy) or more of VOCs or NOX, respectively. See CAA 
sections 182(b), 182(c), and 182(d). The EPA provides states with 
guidance concerning what types of controls could constitute RACT for a 
given source category through the issuance of CTG and Alternative 
Control Techniques (ACT) documents. See https://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html (URL dating August 17, 2014) for a 
listing of EPA-issued CTGs and ACTs. Any major source not covered by 
the presumptive CTG rule or a rule similar to the ACT must be 
controlled to meet RACT.
    On March 27, 2008, the EPA revised the primary and secondary Ozone 
(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 nonattainment 
areas 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.
---------------------------------------------------------------------------

    \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 8-
hour average ozone concentration. See 40 CFR part 50, appendix I.
---------------------------------------------------------------------------

    The HGB area, which consists of Brazoria, Chambers, Fort Bend, 
Galveston, Harris, Liberty, Montgomery, and Waller Counties in Texas, 
is currently designated as nonattainment for the 2008 8-hour ozone 
NAAQS with a ``moderate'' classification (81 FR 90207, December 14, 
2016). Originally the HGB area was classified as ``marginal'' (77 FR 
30088 and 77 FR 30160, May 21, 2012).\4\ However, the HGB area did not 
meet the revised attainment deadline of July 20, 2016 and was 
reclassified to moderate. Based on the moderate classification of the 
HGB area for the 2008 ozone standard, under section 182(b) of the CAA, 
a major stationary source in the area is one that emits, or has the 
potential to emit, 100 tpy or more of VOCs or NOX.
---------------------------------------------------------------------------

    \4\ Subsequently the attainment deadlines were revised under the 
marginal classification. 80 FR 12264, March 6, 2015; 81 FR 26697, 
May 4, 2016.

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[[Page 29728]]

    On December 29, 2016 Texas submitted its SIP demonstration that 
RACT for sources of VOC and NOX emissions in the HGB area is 
met for the 2008 NAAQS, along rule revisions to 30 TAC, Chapter 115 
(Control of Air Pollution from Volatile Organic Compounds). Texas, in 
its SIP analyses to identify major stationary sources of NOX 
and VOC reviewed the TCEQ point source emissions inventory, NSR and 
Clean Air Act Title V databases to locate potential sources. All 
sources in the Title V database that were listed as a major source for 
NOX or VOC emissions are included in the RACT analysis. TCEQ 
noted that they reviewed sources that reported actual emissions as low 
as 10 tpy of NOX or VOC to account for the difference 
between actual and potential emissions. TCEQ also noted that sites from 
the emissions inventory database with emissions equal to or greater 
than a threshold of 25 tpy or more of NOX or VOC definition 
that were not identified in the Title V database and could not be 
verified as minor sources by other means are also included in the RACT 
analysis.

II. Evaluation

Reliance on Prior RACT Determination for HGB Area

    In TCEQ's December 29, 2016 SIP, Table F-1 titled ``State Rules 
Addressing VOC RACT Requirements in CTG Reference Documents'' lists VOC 
CTG source categories, its reference document, and state rules 
addressing VOC RACT requirements. Table F-2 titled ``State Rules 
Addressing VOC RACT Requirements in ACT Reference Documents,'' in 
TCEQ's December 29, 2016 SIP, lists state rules addressing VOC RACT in 
ACT reference documents. The implementation rule of March 6, 2015 (80 
FR 12279), explains that States should refer to existing CTG 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 ozone NAAQS do not need to implement 
additional controls to meet the 2008 ozone NAAQS RACT requirement (80 
FR 12264, March 6, 2015). The EPA has approved the 30 TAC Chapter 115 
VOC rules as RACT for the HGB area under the 1-hour and1997 8-hour 
ozone NAAQS (71 FR, 52670, September 6, 2006;78 FR 19599, April 2, 
2013; 79 FR 21144, April 15, 2014; 79 FR 45105, August 4, 2014; and 80 
FR 16291, March 27, 2015). The EPA determined that VOC RACT is in place 
for all CTG and non-CTG major sources in the HGB area for the 1-hour 
and 1997 8-hour ozone NAAQS (71 FR 52676, September 6, 2006 and 79 FR 
21144, April 15, 2014). Texas's SIP submittal relies on those EPA-
approved Chapter 115 rules for the 1-hour and 1997 8-hour ozone NAAQS 
to fulfill RACT requirement for CTG and non-CTG VOC major sources for 
the 2008 8-hour ozone NAAQS. We are proposing to incorporate by 
reference the dockets for those decisions.\5\
---------------------------------------------------------------------------

    \5\ See EPA-R06-OAR-2005-TX-0018 and EPA-R06-OAR-2012-0100, 
available through the Regulations.gov website at: https://www.regulations.gov/.
---------------------------------------------------------------------------

    We are proposing to find that the rules we approved as meeting RACT 
for the 1-hour and 1997 8-hour ozone NAAQS also meet RACT for the 2008 
8-hour ozone NAAQS. We have determined this is appropriate because the 
fundamental control techniques described in the CTG and ACT documents, 
are still applicable and a new RACT determination by Texas would result 
in the same or similar control technology as the RACT determinations 
made for the 1-hour or 1997 standard. This view is supported by the 
implementing rule for the 2008 ozone NAAQS.\6\ The Chapter 115 rules 
provide appropriate VOC emissions reductions that are equivalent to 
control options cited in the CTG and ACT documents and any non-CTG 
major sources are controlled. During the public comment period for the 
attainment demonstration the state received one suggestion to implement 
the new CTG for the Oil and Natural Gas Industry (EPA-453/B-16-001, 
October 2016) in the HGB area. EPA has issued a notice of proposed 
withdrawal; request for comment. See 83 FR 10478, March 9, 2018.
---------------------------------------------------------------------------

    \6\ See 80 FR 12279, final action and rationale and 80 FR 12280, 
first column, comments and responses.
---------------------------------------------------------------------------

VOC RACT Analysis for Additional Controls or Newly Identified Sources

    TCEQ found that the VOC storage tank category was partially 
controlled and evaluated whether additional controls would be feasible 
and economical. They revised the storage tank rules to add more 
controls to meet RACT. TCEQ also identified a Vegetable Oil 
Manufacturing Operations source emitting VOCs in a quantity greater 
than the major source definition required under the previous NAAQS 
standard for the HGB area. TCEQ's analysis showed that the source met 
control recommendations listed in an earlier CTG document for the 
Vegetable Oil Manufacturing Operations source category and therefore 
met RACT. We are proposing to fully approve the submitted rules as part 
of the SIP to assist in achieving the 2008 ozone NAAQS and finding the 
revised storage tank rules meet VOC RACT for the HGB area. Below, we 
discuss in more detail our proposed approval of the storage tank rule 
revisions and the vegetable oil manufacturing processing source as 
meeting RACT. Please see the Technical Support Document (TSD) for 
additional information.
    Texas in its DFW RACT analyses for the 2008 ozone standard, found 
that the storage tank source category was partially controlled and 
additional controls were feasible and economical. We recently approved 
storage tank rule revisions as meeting the RACT requirement for the 
2008 ozone NAAQS in the DFW area.\7\ The SIP requirements controlling 
VOC emissions from storage tanks are found in 30 TAC, Chapter 115, 
Subchapter B, Division 1 (Storage of Volatile Organic Compounds) and 
Texas revised Sec. Sec.  115.112, 115.114, 115.118 and 115.119 for the 
HGB area to match those EPA approved for the DFW area as RACT. The 
major changes are to Sec.  115.112, Control Requirements, which 
increases control efficiency of control devices, other than vapor 
recovery units or flares, from 90% to 95% for VOC storage tanks in the 
HGB area and expands the requirement to control VOC emissions to 
sources not previously covered; Sec.  115.114, Inspection Requirements, 
which adds the requirement to inspect closure devices on fixed roofs 
tanks to prevent VOC flash gassing; Sec.  115.118, Recordkeeping 
Requirements, which expands recordkeeping requirements for fixed roof 
crude oil and condensate storage tanks with uncontrolled VOC emissions 
of at least 25 tpy to the HGB area, as well as extends record retention 
for affected VOC storage tanks and expands the rule applicability to 
include the aggregate of fixed roof crude oil and condensate storage 
tanks at pipeline breakout stations in the HGB area; and, Sec.  
115.119, Compliance Schedules, which clarifies the responsibility for 
sources in the HGB area to comply and defines July 20, 2018 as the 
final date for owners and operators to comply with the new standards 
for the area. The increased control efficiency requirements; 
inspection, repair, and recordkeeping requirements; and expanded 
applicability for fixed roof

[[Page 29729]]

crude oil and condensate storage tanks are already in place for VOC 
storage tanks in the DFW area. We have approved the rule changes into 
the state SIP and found they meet VOC RACT for the DFW area. We are 
proposing to incorporate by reference the docket for that decision.\8\
---------------------------------------------------------------------------

    \7\ We approved those rules on December 21, 2017. See 82 FR 
60546. The codification of the Texas SIP approved by EPA can be 
found at 40 CFR 52.2270(c).
    \8\ See is EPA-R06-OAR-2015-0832, available through the 
Regulations.gov website at: https://www.regulations.gov/.
---------------------------------------------------------------------------

    The adopted rule revisions address RACT for both CTG and non-CTG 
major VOC storage tanks in the HGB area. We propose to approve the 
Texas submitted revisions, as described in detail in the TSD to this 
proposal, to the storage tank rule for the HGB area as part of the SIP 
and as meeting RACT for the HGB area for the 2008 8-hour NAAQS.
    In the Texas submittal, the State identified a vegetable oil 
manufacturing operation category in the HGB area as a major source.\9\ 
Previously, EPA had approved Texas' negative declaration for vegetable 
oil manufacturing operation for the HGB area for the VOC RACT for the 
1997 8-hour ozone NAAQS (79 FR 21144, April 15, 2014). In its RACT 
analysis for the 2008 8-hour ozone standard, Texas determined that 
existing SIP-approved Chapter 115 rules for existing process vents and 
the bulk loading operations already approved as RACT for the 1997 8-
hour ozone standard satisfy VOC RACT requirements for this single 
vegetable oil manufacturing operations source. The SIP rules are 
consistent with the EPA approved RACT requirements for vegetable oil 
processing operations in the San Joaquin Valley Unified Air Pollution 
Control District Rule 461.2 (current rule number 4691) (59 FR 2535, 
January 18, 1994). Also this source category is covered under 40 CFR 
part 63, subpart GGGG. EPA agrees with Texas that the controls for 
vegetable oil manufacturing operations meet RACT. Thus, we propose to 
approve Texas's analysis that RACT is met for the vegetable oil 
manufacturing operation source. For further details of the San Joaquin 
rule, please see the TSD.
---------------------------------------------------------------------------

    \9\ The Vegetable Oil Control Techniques Guideline was deferred 
regarding implementation in 1979 and it is not currently listed as 
an applicable source category. The Solvent Extraction for Vegetable 
Oil Production NESHAP (40 CFR part 63 Subpart GGGG) applies controls 
to the same manufacturing category and emission sources, has been 
adopted by reference into TCEQ's Chapter 113 regulations and applies 
to this facility.
---------------------------------------------------------------------------

    During the public comment period for the attainment demonstration, 
the state did receive a suggestion that it include the October, 2016 
Oil and Natural Gas CTG \10\ in their RACT analysis. A review of EPA's 
implementing memo \11\ for this CTG shows Texas is required to submit 
revisions to the SIP two years, or sooner, after the availability of 
the CTG. In this case, the date of the notice of availability was 
October 27, 2016 (See 81 FR 74798) which did not allow adequate time 
for Texas to incorporate the Oil and Natural Gas CTG controls into 
their state rules and submit them as part of this RACT analysis. Texas 
therefore was not required to consider this newly issued CTG in their 
analysis.
---------------------------------------------------------------------------

    \10\ EPA has issued a ``notice of proposed withdrawal: request 
for comment'' indicating the agency is considering withdrawing the 
Oil and Natural Gas CTG. See 83 FR 10478, March 9, 2018.
    \11\ See ``Implementing Reasonably Available Control Technology 
Requirements for Sources Covered by the 2016 Control Techniques 
Guidelines for the Oil and Natural Gas Industry'' Memorandum from 
Anna Marie Wood, October 20, 2016. https://www.epa.gov/sites/production/files/2016-10/documents/implementing_reasonably_available_control_technology_requirements_for_sources_covered_by_the_2016_control_techniques_guidelines_for_the_oil_and_natural_gas_industry.pdf.
---------------------------------------------------------------------------

VOC RACT Negative Declarations

    States are not required to adopt RACT limits for source categories 
for which no major sources exist in a nonattainment area and can submit 
a negative declaration to that effect. The negative declaration would 
need to assert that there are no major CTG sources in the area, and the 
accompanying analysis would need to support that conclusion. Texas has 
reviewed its emission inventory and determined that its previous 
negative declarations for fiberglass boat manufacturing materials, 
surface coating for flat wood paneling, letterpress printing, 
automobile and light-duty truck assembly coating, and rubber tire 
manufacturing submitted as part of its HGB Area VOC RACT SIP for the 
1997 ozone NAAQS are still applicable (79 FR 21144, April 15, 2014). We 
also are unaware of any sources in these CTG source categories in the 
area and therefore we propose to approve these negative declarations. 
See Table F-2 titled ``State Rules Addressing VOC RACT Requirements in 
ACT Reference Documents.'' We are also not aware of any major sources 
in the ACT source categories in the area and therefore we propose to 
agree with TCEQ's negative declaration for the ACT categories.
HGB Area NOX RACT TCEQ Analysis
    Under CAA section 182(f) RACT is required for major sources of NOx. 
For NOX, the EPA has issued ACT documents that describe 
available control technologies but do not define presumptive RACT 
levels. In TCEQ's December 29, 2016 SIP, Table F-3: State Rules 
Addressing NOX RACT Requirements in ACT Reference Documents 
provides the emission source categories, the ACT reference documents, 
and the state rules addressing the RACT requirements for sources in the 
NOX ACT documents. TCEQ also identified other major NOx 
sources than those covered by the ACT and how the RACT requirement is 
addressed for them. The RACT analysis is contained in Appendix F of the 
TCEQ's December 29, 2016 SIP submittal as a component of the HGB 2008 
8-hour ozone attainment demonstration plan.
    In 2013, EPA determined that NOX control measures in 30 
TAC Chapter 117 met 1997 8-hour RACT requirements for major sources of 
NOX in the HGB area under the 1-hour and 1997 8-hour ozone 
NAAQS (78 FR 19599, April 2, 2013). Texas's SIP relies on those EPA-
approved Chapter 117 rules to fulfill RACT requirements for 
NOX source categories that exist in the HGB area with the 
exception of a glass furnace. We are proposing to incorporate by 
reference the docket for that decision.\12\
---------------------------------------------------------------------------

    \12\ See is EPA-R06-OAR-2012-0100, available through the 
Regulations.gov website at: https://www.regulations.gov/.
---------------------------------------------------------------------------

    In our implementation rule for the 2008 ozone NAAQS we made clear 
we believed that, in some cases, new RACT determinations would ``result 
in the same or similar control technology as the RACT determinations 
made for the 1-hour or 1997 standards.'' This is because the 
fundamental control techniques, as described in the CTG and ACT 
documents, are still applicable. Following this line of reasoning, 
Texas determined the existing Chapter 117 NOX reduction 
regulations provide appropriate NOX emissions reductions 
that meet RACT emission reduction requirements and adequately 
incorporate ACT document controls where appropriate. As noted above, 
during the public comment period for the attainment demonstration, the 
state did receive a suggestion that it include the October, 2016 Oil 
and Natural Gas CTG in their RACT analysis. A review of the controls in 
the CTG indicated NOX emissions were not considered in this 
CTG. Texas, therefore, is not required to consider this newly issued 
CTG in their NOX analysis. We are proposing to find that the 
existing Chapter 117 rules meet the RACT requirement in the HGB area 
for the 2008 ozone NAAQS.
    Texas noted their review of NOX sources in the HGB area 
identified a facility falling under the Glass manufacturing ACT 
category. The source has existing controls consistent

[[Page 29730]]

with RACT. For a full discussion of the source and the rationale for 
including existing controls as RACT for the HGB area please see the TSD 
to this proposal. Texas did not locate any major sources subject to the 
NOX Emission from Cement Manufacturing ACT. For all the 
other NOX ACT sources, excepting the glass manufacturing 
facility mentioned above, the state has established Chapter 117 
regulations we have previously approved as RACT for the 1997 8-hour 
ozone NAAQS and as discussed above are proposing to find meet RACT for 
the 2008 ozone NAAQS.

CAA 110(l) Analysis

    CAA section 110(l) requires that a SIP revision submitted to EPA be 
adopted after reasonable notice and public hearing. Section 110(l) also 
requires that we not approve a SIP revision if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA.
    The TCEQ provided copies of the Public Notice of proposed changes 
to Chapter 115 (Control of VOC Emissions), including the text published 
in the Texas Register and local newspapers. The TCEQ also held a public 
hearing on the revisions to Chapter 115 on October 24, 2016 in Houston, 
Texas. (More information on the public comments the state received is 
available in the TSD to this proposal.)
    The only change in control requirements in these revisions are the 
additional controls for VOC storage tanks. The remainder of the 
revisions provide an evaluation that with new controls on VOC storage 
tanks, existing controls on NOX and VOC are sufficient to 
meet the RACT requirements for the HGB area. The changes to the VOC 
storage tank rules will enhance the state's ability to come into 
compliance with the 2008 O3 standard. The institution of the 
additional control requirements would not be expected to interfere with 
attainment or maintenance of any other NAAQS. In sum, Texas adopted the 
SIP revision after reasonable notice, a public hearing, and an 
opportunity for public comment. We propose that the revisions enhance 
the SIP by providing VOC emission reductions through new requirements 
on storage tanks and continuing NOX and VOC RACT controls 
for the HGB area. The CAA 110(l) requirements are met.

III. Proposed Action

    We are proposing to approve revisions to the Texas SIP addressing 
the 2008 ozone NAAQS and the RACT requirements for sources in the HGB 
area. Specifically, we are proposing to: (1) Find previous VOC and 
NOX RACT determinations made for the HGB area under the 1-
hour ozone NAAQS and the 1997 8-hour NAAQS meet RACT for the 2008 ozone 
NAAQS; (2) approve revisions to 30 TAC Chapter 115 sections described 
in Table 1 below into the state SIP because they assist in meeting the 
2008 ozone NAAQS; (3) find the revisions described in Table 1 below 
meet VOC RACT for the HGB area; and (4) find that the HGB area meets 
VOC and NOX RACT for the 2008 ozone NAAQS.

 Table 1--Summary of Substantive Revisions to 30 Tac Sec.   115 Propoped
                              for Approval
    [Subchapter B, Division 1, Storage of Volatile Organic Compounds]
------------------------------------------------------------------------
        Section amended                Amendment            Comments
------------------------------------------------------------------------
115.112 Control Requirements..  115.112(a)(3)--minor    Non substantive.
                                 clerical changes,
                                 changes Sec.
                                 60.18(b-f) to read
                                 Sec.   60.18(b)-(f).
                                115.112(d)(5)--Minor    Non substantive.
                                 word changes, changes
                                 ``subparagraphs'' to
                                 read ``subparagraph''.
                                115.112(d)--adds        Clarifies duty
                                 reference to            to comply in
                                 compliance dates and    HGB area by
                                 efficiencies cited in   July 20, 2018.
                                 115.112(e)(3).
                                115.112(e)(3)(A)(i-     Represents an
                                 iii)--increases         increased level
                                 control efficiency      of VOC control
                                 requirements for VOC    in the HGB area
                                 control devices,        on the date of
                                 other than flares or    implementation.
                                 vapor recovery
                                 devices, from 90%
                                 efficiency to 95%
                                 efficiency as of July
                                 20, 2018.
                                115.112(e)(5)--Word     Change will
                                 change applies the      reduce VOC
                                 requirement to          emissions in
                                 control VOC emissions   the HGB area by
                                 from aggregated         requiring
                                 storage tanks at        greater control
                                 pipeline breakout       of VOC
                                 stations in the HGB     emissions from
                                 NA area.                pipeline break
                                                         out stations in
                                                         the area.
                                115.112(e)(6)--Minor    Non substantive.
                                 word changes, changes
                                 ``subparagraphs'' to
                                 read ``subparagraph''.
                                115.112(e)(7)--Adds     Will aid in
                                 crude oil and           compliance and
                                 condensate storage      VOC emissions
                                 tanks in HGB area to    reductions.
                                 sources required to
                                 maintain flash
                                 emission control
                                 devices per
                                 manufacturer
                                 recommendations or
                                 good Engineering
                                 Practice.
115.114 Inspection              115.114(a)(5), adds     Will reduce
 Requirements.                   inspection              potential for
                                 requirement of          VOC emissions
                                 closure devices         in the HGB
                                 controlling VOC flash   area.
                                 gassing on fixed roof
                                 storage tanks storing
                                 crude oil or
                                 condensate prior to
                                 custody transfer or
                                 at pipeline breakout
                                 stations in the HGB
                                 area.
115.118 Recordkeeping           Changes to              Recordkeeping
 Requirements.                   115.118(a)(6)(D)--Exp   will enhance
                                 ands the requirement    compliance and
                                 to keep records         enforcement of
                                 detailing standards     control
                                 used to maintain        requirements.
                                 tanks and tank
                                 closure devices to
                                 sources in the HGB NA
                                 area. This
                                 recordkeeping
                                 requirement now
                                 applies to owner/
                                 operators (O/Os) of
                                 storage tanks used to
                                 store crude oil or
                                 condensate prior to
                                 custody transfer, or
                                 at a pipeline
                                 breakout station, in
                                 the HGB area and
                                 required to control
                                 flash emissions via
                                 115.112(e).
                                Changes to              Recordkeeping
                                 115.118(a)(6)(E)        will enhance
                                 expands requirement     compliance and
                                 to maintain record of   enforcement of
                                 inspection results      control
                                 and required repairs    requirements.
                                 in 115.112(e)(7) or
                                 115.114(a)(5) to
                                 sources in HGB area
                                 by eliminating the
                                 phrase limiting this
                                 requirement to the
                                 Dallas-Fort Worth
                                 area and making a
                                 minor wording change
                                 to the paragraph.
                                New requirement in      Applies five-
                                 115.118(a)(7) for O/    year
                                 Os to maintain any      recordkeeping
                                 record created after    requirement to
                                 January 1, 2017, in     affected
                                 the HGB NA area, for    sources in the
                                 five years at a         HGB area.
                                 minimum.               This is expected
                                                         to enhance
                                                         compliance and
                                                         enforcement of
                                                         the rules.
115.119 Compliance Schedules..  Changes to              Clarifies
                                 115.119(a)(1),          applicability
                                 clarifies existing      and will result
                                 sources in HGB NA       in increased
                                 area should comply      compliance and
                                 with control            reduced
                                 requirements in         regulatory
                                 115.112(e)(1)-(6),      confusion.
                                 rather than the
                                 earlier reference to
                                 115.112(e) in its
                                 entirety. The changes
                                 to the language
                                 distinguish between
                                 compliance dates for
                                 exiting requirements
                                 in the HGB NA area
                                 under 115.112(e)(1)-
                                 (6) and the new
                                 requirement for the
                                 HGB NA area under
                                 115.112(e)(7).

[[Page 29731]]

 
                                Additional sentence     Represents an
                                 expressly states the    increased level
                                 requirement to comply   of VOC control
                                 with 90% control        in the HGB area
                                 efficiency              on the date of
                                 requirement [see        implementation.
                                 115.112(e)(3)(A)(i)]   Ministerial
                                 in the HGB area no      changes are non-
                                 longer applies          substantive.
                                 beginning July 20,
                                 2018. Therefore, all
                                 control devices in
                                 the area must meet
                                 the 95% DRE
                                 requirement after
                                 that date. Also, some
                                 ministerial changes
                                 to conform with
                                 current formatting
                                 practices for state
                                 rules were made.
                                Changes to              Clarifies
                                 115.119(a)(2)           applicability
                                 clarifies existing      and should
                                 sources in HGB area     result in
                                 should comply with      increased
                                 control requirements    compliance and
                                 in 115.112(e)(1)-(6),   reduced
                                 rather than the         regulatory
                                 earlier reference to    confusion.
                                 115.112(e) in its
                                 entirety. The changes
                                 to the language
                                 distinguish between
                                 compliance dates for
                                 exiting requirements
                                 in the HGB NA area
                                 under 115.112(e)(1)-
                                 (6) and the new
                                 requirement for the
                                 HGB NA area under
                                 115.112(e)(7).
                                Additional wording      Full compliance
                                 expressly states the    represents an
                                 requirement to comply   increased level
                                 with 90% DRE [see       of VOC control
                                 115.112(e)(3)(A)(i)]    in the HGB NA
                                 is in effect in the     area and will
                                 HGB area for an         result in
                                 affected source until   reduced VOC
                                 the source complies     emissions in
                                 with the 95% control    the area on the
                                 efficiency stated in    date of
                                 115.112(e)(3)(A)(ii)    implementation.
                                 or July 20, 2018 at
                                 the latest.
                                New paragraph           Clarifies early
                                 115.119(a)(3) is        compliance is
                                 added requiring         desirable and
                                 compliance with new     establishes a
                                 control standards,      final date to
                                 inspection and record   comply.
                                 keeping requirements    Expected to
                                 for affected sources    simplify
                                 in the HGB NA area as   compliance and
                                 soon as practicable,    enforcement.
                                 but not later than
                                 July 20, 2018.
------------------------------------------------------------------------

IV. 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 in hard copy at the EPA 
Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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).
    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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: June 20, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-13651 Filed 6-25-18; 8:45 am]
 BILLING CODE 6560-50-P
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