Air Plan Approval; Texas; Infrastructure for the 2015 Ozone National Ambient Air Quality Standard, 18186-18191 [2019-08711]
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services, as authorized by applicable
federal or state law.
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Qualifying central bank means
(1) A Federal Reserve Bank;
(2) The European Central Bank, and
(3) The central bank of any member
country of the Organisation for
Economic Co-operation and
Development, if
(i) Sovereign exposures to the member
country would receive a zero percent
risk-weight under section 324.32 of this
part; and
(ii) The sovereign debt of the member
country is not in default or has not been
in default during the previous 5 years.
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■ 9. Section 324.10, paragraph (c)(4)(ii)
is revised and new paragraph (c)(4)(ii)(J)
is added to read as follows:
§ 324.10
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(c) * * *
(4) * * *
(ii) For purposes of this part, total
leverage exposure means the sum of the
items described in paragraphs
(c)(4)(ii)(A) through (H) of this section,
as adjusted pursuant to paragraph
(c)(4)(ii)(I) of this section for a clearing
member FDIC-supervised institution
and paragraph (c)(4)(ii)(J) of this section
for a custody bank:
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(J) A custody bank shall exclude from
its total leverage exposure the lesser of:
(1) The amount of funds that the
custody bank has on deposit at a
qualifying central bank; and
(2) The amount of funds in deposit
accounts at the custody bank that are
linked to fiduciary or custodial and
safekeeping accounts at the custody
bank. For purposes of this paragraph, a
deposit account is linked to a fiduciary
or custodial and safekeeping account if
the deposit account is provided to a
client that maintains a fiduciary or
custodial and safekeeping account with
the custody bank and the deposit
account is used to facilitate the
administration of the fiduciary or
custodial and safekeeping account.
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Dated: March 25, 2019.
Joseph M. Otting,
Comptroller of the Currency.
By order of the Board of Governors of the
Federal Reserve System.
Ann E. Misback,
Secretary of the Board.
Dated at Washington, DC, on March 29,
2019.
By order of the Board of Directors.
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Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. 2019–08448 Filed 4–29–19; 8:45 am]
BILLING CODE 4810–33–P; 6210–01;–P 6714–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0673; FRL–9992–04–
Region 6]
Air Plan Approval; Texas;
Infrastructure for the 2015 Ozone
National 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 two State
Implementation Plan (SIP) submissions
from the State of Texas for the 2015
Ozone (O3) National Ambient Air
Quality Standard (NAAQS). These
submittals address how the existing SIP
provides for implementation,
maintenance, and enforcement of the
2015 O3 NAAQS (infrastructure SIP or
i-SIP). The i-SIP ensures that the Texas
SIP is adequate to meet the state’s
responsibilities under the CAA for this
NAAQS.
DATES: Written comments must be
received on or before May 30, 2019.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2018–0673, at https://
www.regulations.gov or via email to
paige.carrie@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 Carrie Paige (214) 665–6521,
paige.carrie@epa.gov. For the full EPA
SUMMARY:
Minimum capital requirements.
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public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
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: Ms.
Carrie Paige (214) 665–6521,
paige.carrie@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Paige or Mr. Bill
Deese at (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
I. Background
Below is a short discussion of
background on the 2015 Ozone NAAQS
addressed in this action. For more
information, please see the Technical
Support Document (TSD) in the docket
for this action.
EPA has regulated Ozone since 1971,
when we published the first NAAQS for
Photochemical Oxidants (36 FR 8186,
April 30, 1971). Most recently,
following a periodic review of the 2008
NAAQS for O3, EPA revised the primary
and secondary O3 NAAQS to 0.070 ppm
(82 FR 65291, October 26, 2015).1 The
primary NAAQS is designed to protect
human health, and the secondary
NAAQS is designed to protect the
public welfare.2
Each state must submit a SIP within
three years after the promulgation of a
new or revised NAAQS showing how it
meets the elements of Section 110(a)(2)
of the CAA. This section of Act includes
a list of specific elements necessary for
a States air quality program. We term
this SIP an infrastructure SIP or i-SIP.
On September 13, 2013, the EPA issued
guidance addressing the i-SIP elements
for NAAQS.3 On August 17, 2018, the
1 Additional information on the history of the
NAAQS for ozone is available at https://
www.epa.gov/ozone-pollution/table-historicalozone-national-ambient-air-quality-standardsnaaqs.
2 Information on ozone formation and health
effects is available at https://www.epa.gov/ozonepollution.
3 ‘‘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.
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Chairman of the Texas Commission on
Environmental Quality (TCEQ) made
two submissions to address the 2015
NAAQS for O3.4 One submittal
addresses CAA sections 110(a)(2)(A)
through (C) and (E) through (M), which
we refer to as the infrastructure or ‘‘iSIP’’ submittal and the other addresses
CAA section 110(a)(2)(D), which we
refer to as the ‘‘Transport’’ submittal.
We are proposing to approve the
August 17, 2018 Texas i-SIP submittal
for the 2015 ozone NAAQS in its
entirety. We are also proposing to
approve portions of the August 17, 2018
Texas Transport submittal for the 2015
ozone NAAQS. A copy of each of these
submittals is in the docket for this
proposed rulemaking.
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II. EPA’s Evaluation of the Texas 2015
O3 NAAQS i-SIP and Transport
Submissions
Below is a summary of our evaluation
of the August 17, 2018 Texas submittals
for each element of 110(a)(2) that we are
proposing to approve.5
(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.6
The Texas Clean Air Act (TCAA)
provides the TCEQ, its Chairman, and
its Executive Director with broad legal
authority. They 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
4 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
citations for the Texas SIP approvals; Texas minor
New Source Review program and EPA approval
activities, and Texas’ Prevention of Significant
Deterioration program can be found in the TSD for
this action.
5 A detailed discussion of our evaluation can be
found in the TSD for this action.
6 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 2015 Ozone NAAQS. 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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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
federally-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 ozone, as
well as other pollutants, in accordance
with EPA regulations specifying siting
and monitoring requirements. All
monitoring data is measured using EPAapproved 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.7 In
addition, TCEQ submits an assessment
of its monitoring network every five
years, as required by EPA rules. The
most recent of these 5-year monitoring
network assessments was submitted by
TCEQ and approved by us in July of
2015.8 The TCEQ website provides the
monitor locations and posts past and
current concentrations of criteria
pollutants measured by the State’s
network of monitors.9
(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 CAA section
110(a)(2)(A); (2) a program for the
regulation of the modification and
construction of stationary sources as
7 A copy of the 2018 Annual Air Monitoring
Network Plan and our approval letter are included
in the docket for this proposed rulemaking.
8 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.
9 See https://www.tceq.texas.gov/agency/air_
main.html.
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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). Each of these elements is
described in more detail in the TSD for
this action.
(1) Enforcement of SIP Measures. As
noted earlier, 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.10
(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 2015 O3
NAAQS and has been approved by EPA
(79 FR 66626, November 10, 2014).11
(D) Interstate and international
transport: The requirements for
interstate transport of O3 emissions are
that the SIP contain adequate provisions
prohibiting O3 emission transport to
other states which will (1) contribute
significantly to nonattainment of the
NAAQS, (2) interfere with maintenance
10 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
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. See the TSD for more information.
11 We discuss this requirement further in the TSD.
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of the NAAQS, (3) interfere with
measures required to prevent significant
deterioration or (4) interfere with
measures to protect visibility (CAA
110(a)(2)(D)(i)). In addition, states must
comply with requirements to prevent
transport of international air pollution
(CAA section 110(a)(2)(D)(ii)). EPA often
refers to these four requirements within
CAA section 110(a)(2)(D)(i) as prongs or
sub-elements. We are not evaluating
sub-elements 1, 2, and 4 in this
rulemaking action, but will address
them in a separate action. However, we
are proposing to approve sub-element 3
of CAA section 110(a)(2)(D)(i),
pertaining to the prevention of
significant deterioration in other states
for O3. Texas has a SIP-approved PSD
program that regulates all NSR
pollutants, including greenhouse gases,
and thus, prevents significant
deterioration in nearby states. See the
TSD for more detail.
Section 110(a)(2)(D)(ii) of the CAA
requires SIPs to include adequate
provisions to ensure compliance with
sections 115 and 126 of the Act, relating
to international and interstate pollution
abatement. Section 115 of the Act
addresses endangerment of public
health or welfare in foreign countries
from pollution emitted in the United
States. There are no final findings by the
EPA that Texas air emissions affect
other countries. Section 126(a) of the
Act requires new or modified sources to
notify neighboring states of potential
impacts from such sources. The Texas
SIP requires that each major proposed
new or modified source provide such
notification.12 The State also has no
pending obligations under CAA section
126. See the TSD for more detail.
(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.
12 See
September 18, 2002 (67 FR 58697).
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The i-SIP submission for the 2015 O3
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 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.
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 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
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. More detail is provided in the
TSD for this action.
(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
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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. More detail and links to Texas
emissions data are provided in the TSD
for this action.
(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.
The ‘‘Texas Air Quality Control
Contingency Plan for Prevention of Air
Pollution Episodes’’ is part of the Texas
SIP. However, because 8-hour ozone
concentrations in Texas are below 100
ppb, Texas is not required to have
contingency plans to meet this i-SIP
element for the 2015 O3 NAAQS.13
However, to provide additional
protection, the State has general
emergency powers to address any
possible dangerous air pollution episode
13 See
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if necessary to protect the environment
and public health.
(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, 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 CAA section
110(a)(2)(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 act on any
part D attainment plan SIP submissions
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; (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
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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 provides 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
earlier for CAA section 110(a)(2)(B), 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
effects of lead, ozone, particulate matter,
and other criteria pollutants.
(3) PSD: The PSD requirements for
this element are the same as those
addressed earlier under CAA section
110(a)(2)(C), Program for enforcement of
control measures.
(4) Visibility Protection: 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
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18189
NAAQS, and consequently there are no
newly applicable visibility protection
obligations pursuant to CAA section
110(a)(2)(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 SIPapproved 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 earlier discussion for CAA
section 110(a)(2)(E) 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 the earlier discussions for CAA
sections 110(a)(2)(J), elements (1) and
(2) 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,
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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
August 17, 2018 Texas ‘‘i-SIP’’ submittal
for the 2015 ozone NAAQS in its
entirety. We are also proposing to
approve portions of the August 17, 2018
Texas ‘‘Transport’’ submittal for the
2015 ozone NAAQS, as detailed in
Table 1:
TABLE 1—PROPOSED ACTION ON TEXAS INFRASTRUCTURE AND TRANSPORT SIP SUBMITTALS FOR THE 2015 OZONE
NAAQS
Element
Proposed
action
(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 (sub-elements 1 and 2) ........................................
(D)(i)(II): PSD (sub-element 3) ......................................................................................................................................................
(D)(i)(II): Visibility Protection (sub-element 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
SA
A
SA
A
A
A
A
A
A
A
+
A
A
A
A
A
A
A
Key to Table 1:
A—Proposing to Approve
+—Not germane to infrastructure SIPs
SA—EPA is acting on this infrastructure requirement in a separate rulemaking action.
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 the
EPA-approved Texas SIP, EPA believes
that Texas has the infrastructure in
place to address all applicable required
elements of CAA sections 110(a)(1) and
(2), except as noted here, to ensure that
the 2015 O3 NAAQS are implemented in
the State.
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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
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17:27 Apr 29, 2019
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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
PO 00000
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Fmt 4702
Sfmt 4702
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
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have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019–08711 Filed 4–29–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0840 FRL–9992–92–
Region 5]
Air Plan Approval; Wisconsin;
Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Interstate
Transport
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
elements of the State Implementation
Plan (SIP) submission from the
Wisconsin Department of Natural
Resources (WDNR) regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under CAA. This action
pertains specifically to infrastructure
requirements in the Wisconsin SIP
concerning interstate transport
provisions.
DATES: Comments must be received on
or before May 30, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0840 at https://
www.regulations.gov, or via email to
aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
amozie on DSK9F9SC42PROD with PROPOSALS
SUMMARY:
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17:27 Apr 29, 2019
Jkt 247001
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. 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 the person
identified in the FOR FURTHER
INFORMATION CONTACT section. 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.
FOR FURTHER INFORMATION CONTACT:
Samantha Panock, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8973,
panock.samantha@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is the background of this SIP
submission?
II. What guidance and memoranda is EPA
using to evaluate this SIP submission?
III. WDNR’s Analysis and Conclusion
IV. EPA’s Additional Analysis, Review, and
Conclusion
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is the background of this SIP
submission?
This rulemaking addresses a
submission from the WDNR dated
November 26, 2018, which describes its
infrastructure SIP for the 2012 annual
PM2.5 NAAQS (78 FR 3086, January 15,
2013). Specifically, this rulemaking
addresses the portion of the submission
dealing with interstate pollution
transport under CAA section
110(a)(2)(D)(i), otherwise known as the
‘‘good neighbor’’ provision. The
requirement for states to make a SIP
submission of this type arises from
section 110(a)(1) of the CAA, pursuant
to which states must submit ‘‘within 3
years (or such shorter period as the
Administrator may prescribe) after the
promulgation of a national primary
ambient air quality standard (or any
PO 00000
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Fmt 4702
Sfmt 4702
18191
revision thereof),’’ a plan that provides
for the ‘‘implementation, maintenance,
and enforcement’’ of such NAAQS.
Section 110(a)(2) of the CAA includes a
list of specific elements that ‘‘each such
plan’’ submission must address. EPA
commonly refers to such state plans as
‘‘infrastructure SIPs.’’ State plans must
address four requirements of the good
neighbor provisions (commonly referred
to as ‘‘prongs’’), including:
— Prong 1: Prohibiting any source or
other type of emissions activity in one
state from contributing significantly to
nonattainment of the NAAQS in another
state;
—Prong 2: Prohibiting any source or
other type of emissions activity in one
state from interfering with maintenance
of the NAAQS in another state;
—Prong 3: Prohibiting any source or
other type of emissions activity in one
state from interfering with measures
required to prevent significant
deterioration (PSD) of air quality in
another state; and
—Prong 4: Protecting visibility in
another state.
This rulemaking is evaluating
whether Wisconsin’s interstate transport
provisions in its PM2.5 infrastructure SIP
meet prongs one and two of the good
neighbor requirements of the CAA.
Prongs three and four will be evaluated
in a separate rulemaking.
EPA has developed a consistent
framework for addressing the prong one
and two interstate transport
requirements with respect to the PM2.5
NAAQS in several previous Federal
rulemakings. The four basic steps of that
framework include: (1) Identifying
downwind receptors that are expected
to have problems attaining or
maintaining the NAAQS; (2) identifying
which upwind states contribute to these
identified problems in amounts
sufficient to warrant further review and
analysis; (3) for states identified as
contributing to downwind air quality
problems, identifying upwind emissions
reductions necessary to prevent an
upwind state from significantly
contributing to nonattainment or
interfering with maintenance of the
NAAQS downwind; and (4) for states
that are found to have emissions that
significantly contribute to
nonattainment or interfere with
maintenance of the NAAQS downwind,
reducing the identified upwind
emissions through adoption of
permanent and enforceable measures.
This framework was most recently
applied with respect to PM2.5 in the
August 8, 2011 Cross-State Air Pollution
Rule (CSAPR) (76 FR 48208), designed
to address both the 1997 and 2006 PM2.5
E:\FR\FM\30APP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Proposed Rules]
[Pages 18186-18191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08711]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0673; FRL-9992-04-Region 6]
Air Plan Approval; Texas; Infrastructure for the 2015 Ozone
National 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 two State Implementation Plan (SIP) submissions from the State of
Texas for the 2015 Ozone (O3) National Ambient Air Quality
Standard (NAAQS). These submittals address how the existing SIP
provides for implementation, maintenance, and enforcement of the 2015
O3 NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures
that the Texas SIP is adequate to meet the state's responsibilities
under the CAA for this NAAQS.
DATES: Written comments must be received on or before May 30, 2019.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0673, 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 Carrie Paige (214) 665-
6521, [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://www.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: Ms. Carrie Paige (214) 665-6521,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Paige or Mr. Bill Deese at (214) 665-
7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA.
I. Background
Below is a short discussion of background on the 2015 Ozone NAAQS
addressed in this action. For more information, please see the
Technical Support Document (TSD) in the docket for this action.
EPA has regulated Ozone since 1971, when we published the first
NAAQS for Photochemical Oxidants (36 FR 8186, April 30, 1971). Most
recently, following a periodic review of the 2008 NAAQS for
O3, EPA revised the primary and secondary O3
NAAQS to 0.070 ppm (82 FR 65291, October 26, 2015).\1\ The primary
NAAQS is designed to protect human health, and the secondary NAAQS is
designed to protect the public welfare.\2\
---------------------------------------------------------------------------
\1\ Additional information on the history of the NAAQS for ozone
is available at https://www.epa.gov/ozone-pollution/table-historical-ozone-national-ambient-air-quality-standards-naaqs.
\2\ Information on ozone formation and health effects is
available at https://www.epa.gov/ozone-pollution.
---------------------------------------------------------------------------
Each state must submit a SIP within three years after the
promulgation of a new or revised NAAQS showing how it meets the
elements of Section 110(a)(2) of the CAA. This section of Act includes
a list of specific elements necessary for a States air quality program.
We term this SIP an infrastructure SIP or i-SIP. On September 13, 2013,
the EPA issued guidance addressing the i-SIP elements for NAAQS.\3\ On
August 17, 2018, the
[[Page 18187]]
Chairman of the Texas Commission on Environmental Quality (TCEQ) made
two submissions to address the 2015 NAAQS for O3.\4\ One
submittal addresses CAA sections 110(a)(2)(A) through (C) and (E)
through (M), which we refer to as the infrastructure or ``i-SIP''
submittal and the other addresses CAA section 110(a)(2)(D), which we
refer to as the ``Transport'' submittal.
---------------------------------------------------------------------------
\3\ ``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.
\4\ 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 citations for the Texas SIP
approvals; Texas minor New Source Review program and EPA approval
activities, and Texas' Prevention of Significant Deterioration
program can be found in the TSD for this action.
---------------------------------------------------------------------------
We are proposing to approve the August 17, 2018 Texas i-SIP
submittal for the 2015 ozone NAAQS in its entirety. We are also
proposing to approve portions of the August 17, 2018 Texas Transport
submittal for the 2015 ozone NAAQS. A copy of each of these submittals
is in the docket for this proposed rulemaking.
II. EPA's Evaluation of the Texas 2015 O3 NAAQS i-SIP and
Transport Submissions
Below is a summary of our evaluation of the August 17, 2018 Texas
submittals for each element of 110(a)(2) that we are proposing to
approve.\5\
---------------------------------------------------------------------------
\5\ A detailed discussion of our evaluation can be found in the
TSD for this action.
---------------------------------------------------------------------------
(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.\6\
---------------------------------------------------------------------------
\6\ 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 2015 Ozone NAAQS.
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, its Chairman, and
its Executive Director with broad legal authority. They 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 federally-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 ozone,
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.\7\ In addition, TCEQ submits an assessment of its monitoring
network every five years, as required by EPA rules. The most recent of
these 5-year monitoring network assessments was submitted by TCEQ and
approved by us in July of 2015.\8\ The TCEQ website provides the
monitor locations and posts past and current concentrations of criteria
pollutants measured by the State's network of monitors.\9\
---------------------------------------------------------------------------
\7\ A copy of the 2018 Annual Air Monitoring Network Plan and
our approval letter are included in the docket for this proposed
rulemaking.
\8\ 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.
\9\ See https://www.tceq.texas.gov/agency/air_main.html.
---------------------------------------------------------------------------
(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 CAA section 110(a)(2)(A); (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). Each of
these elements is described in more detail in the TSD for this action.
(1) Enforcement of SIP Measures. As noted earlier, 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.\10\
---------------------------------------------------------------------------
\10\ 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 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. See the TSD for more information.
---------------------------------------------------------------------------
(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 2015 O3 NAAQS and has been
approved by EPA (79 FR 66626, November 10, 2014).\11\
---------------------------------------------------------------------------
\11\ We discuss this requirement further in the TSD.
---------------------------------------------------------------------------
(D) Interstate and international transport: The requirements for
interstate transport of O3 emissions are that the SIP
contain adequate provisions prohibiting O3 emission
transport to other states which will (1) contribute significantly to
nonattainment of the NAAQS, (2) interfere with maintenance
[[Page 18188]]
of the NAAQS, (3) interfere with measures required to prevent
significant deterioration or (4) interfere with measures to protect
visibility (CAA 110(a)(2)(D)(i)). In addition, states must comply with
requirements to prevent transport of international air pollution (CAA
section 110(a)(2)(D)(ii)). EPA often refers to these four requirements
within CAA section 110(a)(2)(D)(i) as prongs or sub-elements. We are
not evaluating sub-elements 1, 2, and 4 in this rulemaking action, but
will address them in a separate action. However, we are proposing to
approve sub-element 3 of CAA section 110(a)(2)(D)(i), pertaining to the
prevention of significant deterioration in other states for
O3. Texas has a SIP-approved PSD program that regulates all
NSR pollutants, including greenhouse gases, and thus, prevents
significant deterioration in nearby states. See the TSD for more
detail.
Section 110(a)(2)(D)(ii) of the CAA requires SIPs to include
adequate provisions to ensure compliance with sections 115 and 126 of
the Act, relating to international and interstate pollution abatement.
Section 115 of the Act addresses endangerment of public health or
welfare in foreign countries from pollution emitted in the United
States. There are no final findings by the EPA that Texas air emissions
affect other countries. Section 126(a) of the Act requires new or
modified sources to notify neighboring states of potential impacts from
such sources. The Texas SIP requires that each major proposed new or
modified source provide such notification.\12\ The State also has no
pending obligations under CAA section 126. See the TSD for more detail.
---------------------------------------------------------------------------
\12\ See September 18, 2002 (67 FR 58697).
---------------------------------------------------------------------------
(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 2015 O3 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 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.
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 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 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. More detail is provided in the TSD for this action.
(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. More detail and links to
Texas emissions data are provided in the TSD for this action.
(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.
The ``Texas Air Quality Control Contingency Plan for Prevention of
Air Pollution Episodes'' is part of the Texas SIP. However, because 8-
hour ozone concentrations in Texas are below 100 ppb, Texas is not
required to have contingency plans to meet this i-SIP element for the
2015 O3 NAAQS.\13\ However, to provide additional
protection, the State has general emergency powers to address any
possible dangerous air pollution episode
[[Page 18189]]
if necessary to protect the environment and public health.
---------------------------------------------------------------------------
\13\ See the TSD for more detail.
---------------------------------------------------------------------------
(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, 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 CAA section 110(a)(2)(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 act on
any part D attainment plan SIP submissions 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; (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 provides
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 earlier for CAA section
110(a)(2)(B), 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 effects of lead, ozone, particulate
matter, and other criteria pollutants.
(3) PSD: The PSD requirements for this element are the same as
those addressed earlier under CAA section 110(a)(2)(C), Program for
enforcement of control measures.
(4) Visibility Protection: 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 CAA section 110(a)(2)(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 earlier discussion for CAA section 110(a)(2)(E) 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 the earlier discussions for CAA sections 110(a)(2)(J), elements
(1) and (2) 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,
[[Page 18190]]
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 August 17, 2018 Texas ``i-SIP''
submittal for the 2015 ozone NAAQS in its entirety. We are also
proposing to approve portions of the August 17, 2018 Texas
``Transport'' submittal for the 2015 ozone NAAQS, as detailed in Table
1:
Table 1--Proposed Action on Texas Infrastructure and Transport SIP
Submittals for the 2015 Ozone NAAQS
------------------------------------------------------------------------
Element Proposed action
------------------------------------------------------------------------
(A): Emission limits and other control measures..... A
(B): Ambient air quality monitoring and data system. A
(C)(i): Enforcement of SIP measures................. A
(C)(ii):PSD program for major sources and major A
modifications......................................
(C)(iii): Permitting program for minor sources and A
minor modifications................................
(D)(i)(I): Contribute to nonattainment/interfere SA
with maintenance of NAAQS (sub-elements 1 and 2)...
(D)(i)(II): PSD (sub-element 3)..................... A
(D)(i)(II): Visibility Protection (sub-element 4)... SA
(D)(ii): Interstate and International Pollution A
Abatement..........................................
(E)(i): Adequate resources.......................... A
(E)(ii): State boards............................... A
(E)(iii): Necessary assurances with respect to local A
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 officials...... A
(J)(ii): Public notification........................ A
(J)(iii): PSD....................................... A
(J)(iv): Visibility protection...................... A
(K): Air quality modeling and data.................. A
(L): Permitting fees................................ A
(M): Consultation and participation by affected A
local entities.....................................
------------------------------------------------------------------------
Key to Table 1:
A--Proposing to Approve
+--Not germane to infrastructure SIPs
SA--EPA is acting on this infrastructure requirement in a separate
rulemaking action.
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 the EPA-approved Texas SIP, EPA
believes that Texas has the infrastructure in place to address all
applicable required elements of CAA sections 110(a)(1) and (2), except
as noted here, to ensure that the 2015 O3 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
[[Page 18191]]
have tribal implications and will not impose substantial direct costs
on tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-08711 Filed 4-29-19; 8:45 am]
BILLING CODE 6560-50-P
