Air Plan Approval; Texas; Beaumont-Port Arthur Area Second Maintenance Plan for 1997 Ozone National Ambient Air Quality Standards, 34681-34686 [2020-12044]
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Proposed Rules
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removal of Hamilton County from the I/
M program is 1.1 percent. All NO2
monitors in the State are measuring
below the annual NO2 standard, and all
near road monitors are measuring well
below the 1-hour NO2 standard. There
are no NO2 monitors in the Chattanooga
PM2.5 Area.
EPA has evaluated the State’s analysis
and preliminarily agrees with its
findings and conclusions. Therefore,
EPA proposes to find that removal of the
SIP-approved I/M program requirements
for Hamilton County would not interfere
with continued attainment or
maintenance of the NO2 NAAQS.
Non-Interference Analysis for the
Carbon Monoxide (CO) NAAQS
EPA promulgated the CO NAAQS in
1971 and has retained the standards
since its last review of the standards in
2011. The primary NAAQS for CO
consist of: (1) An 8-hour standard of 9
ppm, not to be exceeded more than once
in a year (i.e., the second highest, nonoverlapping 8-hour average
concentration cannot exceed the
standard); and (2) a 1-hour average of 35
ppm, not to be exceeded more than once
in a year. Hamilton County has always
been designated as unclassifiable/
attainment for the CO NAAQS.
In Tennessee’s February 26, 2020, SIP
revision, the State concluded that the
removal of Hamilton County from the
SIP-approved I/M program would not
interfere with attainment or
maintenance of the CO NAAQS.
MOVES2014 mobile emissions
modeling results show an increase in
CO emissions of 6.9 percent in Hamilton
County in 2022 as a result of removing
the I/M program for Hamilton County.
This increase is not expected to interfere
with continued attainment of the CO
NAAQS in Hamilton County. Design
values for Tennessee for the 1-hour and
8-hour CO NAAQS in 2019 were 1.6 and
1.8, respectively, which are less than 20
percent of the CO NAAQS for both the
1-hour and 8-hour standards.
EPA has evaluated the State’s analysis
and preliminarily agrees with its
findings and conclusions. For these
reasons, EPA proposes to find that
removal of the SIP-approved I/M
program requirements for Hamilton
County would not interfere with
continued attainment or maintenance of
the CO NAAQS.
III. Proposed Action
EPA is proposing to approve the
removal of the I/M requirements for
Hamilton County from the Tennessee
SIP. EPA is proposing to approve the
removal of the I/M program
requirements for Hamilton County from
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the federally approved SIP because
removing the requirements is consistent
with the CAA and applicable
regulations.
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.
See 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 they meet the criteria of the
CAA. This proposed 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 proposed 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).
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34681
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 rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–12136 Filed 6–5–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0716; FRL–10010–
04–Region 6]
Air Plan Approval; Texas; BeaumontPort Arthur Area Second Maintenance
Plan for 1997 Ozone National Ambient
Air Quality Standards
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 to approve a revision to the
Texas State Implementation Plan (SIP).
The EPA is proposing to approve the
plan for maintaining the 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS or standard) through
2032 in the Beaumont-Port Arthur
(BPA) area.
DATES: Written comments must be
received on or before July 8, 2020.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2018–0716, at https://
www.regulations.gov or via email to
riley.jeffrey@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
SUMMARY:
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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 Jeff Riley, 214–665–8542,
riley.jeffrey@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://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Jeff
Riley, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–8542, riley.jeffrey@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov, as there will be a
delay in processing mail and no courier
or hand deliveries will be accepted.
Please call or email the contact listed
above if you need alternative access to
material indexed but not provided in
the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
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Table of Contents
I. Summary of EPA’s Proposed Action
II. Background
III. The EPA’s Evaluation
A. Second Maintenance Plan
B. Transportation Conformity
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
EPA is proposing to approve, as a
revision to the Texas SIP, an updated
1997 ozone NAAQS maintenance plan
for the Beaumont-Port Arthur area. The
maintenance plan is designed to keep
the area in attainment of the 1997 ozone
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NAAQS through the end of the second
10-year maintenance period.
II. Background
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. These two
pollutants are referred to as ozone
precursors. Scientific evidence indicates
that adverse public health effects occur
following exposure to ozone.
In 1979, under section 109 of the
Clean Air Act (CAA), EPA established
primary and secondary NAAQS for
ozone at 0.12 parts per million (ppm),
averaged over a 1-hour period. 44 FR
8202 (February 8, 1979). On July 18,
1997, EPA revised the primary and
secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient
air at 0.08 ppm, averaged over an 8-hour
period. 62 FR 38856 (July 18, 1997).1
EPA set the 8-hour ozone NAAQS based
on scientific evidence demonstrating
that ozone causes adverse health effects
at lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004 (69 FR
23857), EPA designated certain areas for
the 1997 ozone NAAQS, including the
Beaumont-Port Arthur area, consisting
of Hardin, Jefferson and Orange
Counties as nonattainment. These
designations became effective on June
15, 2004. Under the CAA, states are also
required to adopt and submit SIPs to
implement, maintain, and enforce the
NAAQS in designated nonattainment
areas and throughout the state.
When a nonattainment area has three
years of complete, certified air quality
data that has been determined to attain
the 1997 ozone NAAQS, and the area
has met other required criteria described
in section 107(d)(3)(E) of the CAA, the
state can submit to EPA a request to be
redesignated to attainment, and if
approved, would then be referred to as
a ‘‘maintenance area’’.2
1 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
2 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignation. They include
attainment of the NAAQS, full approval under
section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of
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One of the criteria for redesignation is
to have an approved maintenance plan
under CAA section 175A. The
maintenance plan must demonstrate
that the area will continue to maintain
the standard for the period extending 10
years after redesignation, and it must
contain such additional measures as
necessary to ensure maintenance and
such contingency provisions as
necessary to assure that violations of the
standard will be promptly corrected. At
the end of the eighth year after the
effective date of the redesignation, the
state must also submit a second
maintenance plan to ensure ongoing
maintenance of the standard for an
additional 10 years. CAA section 175A.
EPA has long-standing guidance for
states on developing maintenance plans.
This includes ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division,
September 4, 1992 (the ‘‘Calcagni
Memorandum’’).3 The Calcagni
Memorandum provides that states may
generally demonstrate maintenance by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS or by showing
that future emissions of a pollutant and
its precursors will not exceed the level
of emissions during a year when the
area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni
Memorandum at 3.
On December 16, 2008, the Texas
Commission on Environmental Quality
(TCEQ) submitted a request to EPA to
redesignate the Beaumont-Port Arthur
area to attainment for the 1997 ozone
NAAQS. This submittal included a plan
to maintain the 1997 ozone NAAQS in
the BPA area through 2021 as a revision
to the Texas SIP. EPA approved the
maintenance plan for the BPA area and
redesignated the area to attainment of
the 1997 ozone NAAQS effective
November 19, 2010 (75 FR 64675). The
Beaumont-Port Arthur area continues to
meet the 1997 standard. In fact, air
quality has continued to improve. The
area’s preliminary design value for
2017–2019 is 70 ppb which not only
permanent and enforceable reductions in emissions,
demonstration that the state has met all applicable
section 110 and part D requirements, and a fully
approved maintenance plan under CAA section
175A.
3 ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992. To view
the memo, please visit https://www.epa.gov/sites/
production/files/2016–03/documents/calcagni_
memo_-_procedures_for_processing_requests_to_
redesignate_areas_to_attainment_090492.pdf.
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complies with the 1997 standard but
also the more stringent 2008 and 2015
ozone standards.
Under CAA section 175A(b), states
must submit a revision to the first
maintenance plan eight years after
redesignation to provide for
maintenance of the NAAQS for ten
additional years following the end of the
first 10-year period. EPA’s final
implementation rule for the 2008 ozone
NAAQS revoked the 1997 ozone
NAAQS and provided that one
consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 standard no longer needed to
submit second 10-year maintenance
plans under CAA section 175A(b).4
However, in South Coast Air Quality
Management District v. EPA 5 (South
Coast II), the D.C. Circuit vacated EPA’s
interpretation that, because of the
revocation of the 1997 ozone standard,
second maintenance plans were not
required for ‘‘orphan maintenance
areas,’’ i.e., areas that had been
redesignated to attainment for the 1997
NAAQS and were designated attainment
for the 2008 ozone NAAQS. Thus, states
with these ‘‘orphan maintenance areas’’
under the 1997 ozone NAAQS must
submit maintenance plans for the
second maintenance period.
Accordingly, on February 5, 2019, the
Texas Commission on Environmental
Quality (TCEQ) submitted the second
maintenance plan for the Beaumont-Port
Arthur area. The maintenance plan
shows that the area is expected to
remain in attainment of the 1997 ozone
NAAQS through the end of the full 20year maintenance period. The State’s
submittal also included a request to EPA
to redesignate the BPA area to
attainment for the revoked 1979 1-hour
ozone NAAQS 6 and a plan to provide
for maintenance of the 1-hour ozone
standard in the BPA area through 2032.
EPA is not addressing the 1-hour ozone
standard portion of the State’s
submission at this time.
III. The EPA’s Evaluation
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A. Second Maintenance Plan
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the maintenance plan
4 See
80 FR 12315 (March 6, 2015).
F.3d 1138 (D.C. Cir. 2018).
6 In April 2004, EPA published a rule governing
implementation of the 1997 ozone NAAQS (Phase
1 Rule). 69 FR 23951 (April 30, 2004). The Phase
1 Rule revoked the 1-hour ozone NAAQS along
with designations and classifications for that
standard.
5 882
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must demonstrate continued attainment
of the NAAQS for at least 10 years after
the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the state must
submit a revised maintenance plan
which demonstrates that attainment of
the NAAQS will continue for an
additional 10 years beyond the initial
10-year maintenance period. To address
the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
deems necessary, to assure prompt
correction of the future NAAQS
violation.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emission
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
process for verification of continued
attainment; and (5) a contingency plan.
On February 5, 2019, TCEQ
submitted, as a SIP revision, a plan to
provide for maintenance of the 1997
ozone standard in the Beaumont-Port
Arthur area through 2032, more than 20
years after the effective date of
redesignation to attainment. As
discussed below, EPA finds that Texas’
second maintenance plan includes the
necessary components and proposes to
approve the maintenance plan as a
revision to the Texas SIP.
1. Attainment Inventory
For maintenance plans, a state should
develop a comprehensive, accurate
inventory of actual emissions for an
attainment year to identify the level of
emissions which is sufficient to
maintain the NAAQS. A state should
develop this inventory consistent with
EPA’s most recent guidance on
emissions inventory development. For
ozone, the inventory should be based on
typical summer day VOC and NOX
emissions, as these pollutants are
precursors to ozone formation.
The CAA section 175A maintenance
plan approved by EPA for the first 10year period included an attainment
inventory that reflects typical summer
day VOC and NOX emissions for the
2005 attainment year. In addition,
because the BPA maintenance area
continued to monitor attainment of the
1997 ozone NAAQS in 2014, this is also
an appropriate year to use for an
attainment year inventory. As such, the
TCEQ has developed a 2014 attainment
year inventory for the BPA area,
presented in Table 1 below, to represent
the VOC and NOX emissions that occur
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on a typical summer weekday. The 2014
attainment year inventory was
developed from the 2014 periodic
emissions inventory (PEI), in
accordance with the Air Emissions
Reporting Requirements. See 80 FR
8787 (February 19, 2015). For some
source categories, the TCEQ developed
state-specific emissions estimates by
acquiring state-specific activity data and
applying appropriate emissions factors
in developing the 2014 attainment year
inventory, as well as projections for the
2032 maintenance year inventory
presented in Table 2 below. These
source categories include but are not
limited to: Storage tanks, structural
fires, dry cleaners, and automobile fires.
In particular, the TCEQ focused on
refining the oil and gas area source
inventory production categories. These
inventories also include descriptions of
the methods used to estimate
emissions.7 Table 1 shows 2014
attainment year VOC and NOX emission
totals for all sectors for the BPA
maintenance area.
TABLE 1—BEAUMONT-PORT ARTHUR
AREA TYPICAL SUMMER DAY VOC
AND NOX EMISSIONS FOR ATTAINMENT YEAR 2014 IN TONS PER DAY
(tpd)
Source category
VOC
NOX
Nonroad ............................
Onroad ..............................
Point ..................................
Area ..................................
2.67
6.27
32.20
54.99
16.66
18.49
62.25
3.89
Total ..............................
96.13
101.29
2. Maintenance Demonstration
TCEQ is demonstrating maintenance
through 2032 by showing that future
emissions of VOC and NOX for the
Beaumont-Port Arthur area remain at or
below attainment year emission levels.
2032 is an appropriate maintenance year
for the BPA area because it is more than
10 years beyond the first 10-year
maintenance period. The 2032
emissions inventory is projected from
the 2014 PEI, which was the most recent
available inventory at the time the
TCEQ was preparing the maintenance
plan submittal for the BPA area. The
2032 summer day emissions inventory
for the Beaumont-Port Arthur area is
summarized in Table 2 below.
7 For more information on EIs, including
guidance, reports, and resources, see EPA’s website
at https://www.epa.gov/air-emissions-inventories.
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TABLE 2—BEAUMONT-PORT ARTHUR AREA TYPICAL SUMMER DAY VOC AND NOX EMISSIONS FOR MAINTENANCE YEAR
2032
[tpd]
Source category
VOC
NOX
Nonroad ...................................................................................................................................................................
Onroad .....................................................................................................................................................................
Point .........................................................................................................................................................................
Area .........................................................................................................................................................................
2.29
2.21
32.73
43.65
7.64
4.76
62.32
3.95
Total ..................................................................................................................................................................
80.88
78.67
Table 3 below shows the changes in
VOC and NOX emissions between the
attainment year (2014) and maintenance
year (2032) for the BPA maintenance
area.
TABLE 3—CHANGE IN TYPICAL SUMMER DAY VOC AND NOX EMISSIONS IN THE BEAUMONT-PORT ARTHUR AREA
BETWEEN 2014 AND 2032
[tpd]
VOC
Source category
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2014
2032
NOX
Net change
(2014–2032)
2014
2032
Net change
(2014–2032)
Nonroad ...............................................................
Onroad .................................................................
Point ....................................................................
Area .....................................................................
2.67
6.27
32.20
54.99
2.29
2.21
32.73
43.65
¥0.38
¥4.06
+0.53
¥11.34
16.66
18.49
62.25
3.89
7.64
4.76
62.32
3.95
¥9.02
¥13.73
+0.07
+0.06
Total .............................................................
96.13
80.88
¥15.25
101.29
78.67
¥22.62
We note the slight increase in point
source VOC emissions, which is offset
by the decreases in area and mobile
source VOC emissions. Additionally,
the slight increases in stationary source
NOX emissions are offset by decreases in
mobile source NOX emissions. We also
note that the projections for the on-road
mobile source inventory for 2032, which
TCEQ submitted as motor vehicle
emissions budgets, are consistent with
maintenance of the 1997 ozone NAAQS.
The maintenance demonstration for the
BPA area shows maintenance of the
1997 ozone NAAQS by providing
emissions information to support the
demonstration that future emissions of
NOX and VOC will remain at or below
2014 emission levels when considering
both future source growth and
implementation of future controls. We
are proposing that TCEQ has met the
maintenance demonstration
requirements on the basis that the
approach and methods of calculating
the attainment year and future year
emission inventories that were used are
consistent with EPA guidance.8
8 See EPA’s web page for Emission Models and
Other Methods to Produce Emission Inventories.
The web page includes general guidance for
preparing inventories; estimating commercial
marine emission inventories and port emissions;
estimating emissions from locomotives; and
estimating emissions from aircraft: https://
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3. Continued Air Quality Monitoring
TCEQ has committed to continue to
operate an approved ozone monitoring
network in the Beaumont-Port Arthur
area. TCEQ has committed to consult
with EPA prior to making changes to the
existing monitoring network should
changes become necessary in the future.
TCEQ remains obligated to meet
monitoring requirements and continue
to quality assure monitoring data in
accordance with 40 CFR part 58, and to
enter all data into the Air Quality
System in accordance with Federal
guidelines.
4. Verification of Continued Attainment
The State of Texas has confirmed that
it has the legal authority to enforce and
implement the requirements of the
maintenance plans for the areas
addressed in this action. This includes
the authority to adopt, implement, and
enforce any subsequent emission
control measures determined to be
necessary to correct future ozone
attainment problems.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
and the periodic update of the area’s
emissions inventory. TCEQ has
www.epa.gov/moves/emissions-models-and-othermethods-produce-emission-inventories.
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committed to continue to operate an
approved ozone monitoring network in
the Beaumont-Port Arthur maintenance
area. TCEQ will not discontinue
operation, relocate, or otherwise change
the existing ozone monitoring network
other than through revisions in the
network approved by EPA.
In addition, to track future levels of
emissions, TCEQ has committed to
continue to develop and submit to EPA
updated emission inventories for all
source categories at least once every
three years, consistent with the
requirements of 40 CFR part 51, subpart
A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule
(CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR
was replaced by the Annual Emissions
Reporting Requirements on December
17, 2008 (73 FR 76539).
5. Contingency Plan
Section 175A of the CAA requires that
the state must adopt a maintenance
plan, as a SIP revision, that includes
such contingency measures as EPA
deems necessary to assure that the state
will promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
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maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; and,
a time limit for action by the state. The
state should also identify specific
indicators to be used to determine when
the contingency measures need to be
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by section 175A of the
CAA, Texas has adopted a contingency
plan for the Beaumont-Port Arthur
maintenance area to address possible
future ozone air quality problems. The
adopted contingency plan maintains the
same contingency measures included in
the BPA area’s first 1997 ozone NAAQS
10-year maintenance plan, approved by
EPA on October 20, 2010 (75 FR 64675).
The potential contingency measures
identified by the TCEQ include, but are
not limited to the following:
• Revision to Title 30 of the Texas
Administrative Code (TAC) Chapter
117, Subchapter B, Division 1 or
Subchapter E, Division 4, to control
rich-burn, gas-fired, reciprocating
internal combustion engines located in
the BPA area.
• Inclusion of one or more counties in
the BPA area in 30 TAC Chapter 115
VOC rules for the control of crude and
condensate storage tanks at upstream oil
and gas exploration and production
sites or midstream pipeline breakout
stations with uncontrolled flash
emissions greater than 25 tons per year.
• Inclusion of one or more counties in
the BPA area in 30 TAC Chapter 115
VOC rules for more stringent controls
for tank fittings on floating roof tanks,
such as slotted guidepoles and other
openings on internal and external
floating roofs.
• Inclusion of one or more counties in
the BPA area in 30 TAC Chapter 115
VOC rules limiting emissions from
landings of floating roofs in floating roof
tanks.
• Inclusion of one or more counties in
the BPA area in 30 TAC Chapter 115
VOC rules for control of VOC emissions
from degassing operations for storage
tanks with a nominal capacity of 75,000
gallons or more storing materials with a
true vapor pressure greater than 2.6
pounds per square inch absolute (psia),
or with a nominal capacity of 250,000
gallons or more storing materials with a
true vapor pressure of 0.5 psia or
greater. Degassing vapors from storage
vessels, transport vessels, and marine
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vessels would be required to vent to a
control device until the VOC
concentration of the vapors is reduced
to less than 34,000 parts per million by
volume as methane.
• Expand the Texas Low Emission
Diesel marine diesel requirements in 30
TAC § 114.319(c) to include one or more
counties in the BPA area.
To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan. The maintenance plan provides
that a monitored and certified violation
of the NAAQS triggers the requirement
to consider, adopt, and implement the
plan’s contingency measures. The
schedule and procedure for adoption
and implementation by the State is no
longer than 18 months following a
monitored and certified violation of the
NAAQS.9 Given the estimated
emissions in the Beaumont
nonattainment area, we believe the
proposed contingency measures are
sufficient to address any potential future
violations.
TCEQ’s maintenance plan adequately
addresses the five basic components of
a maintenance plan: attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. As such, EPA is
proposing to approve the maintenance
plan SIP revision submitted by the
TCEQ on the basis that it meets the
requirements of CAA section 175A.
B. Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not cause
or contribute to new air quality
violations, worsen existing violations, or
delay timely attainment of the relevant
NAAQS or interim milestones (CAA
176(c)(1)). EPA’s conformity rule at 40
CFR part 93 establishes the criteria and
procedures for determining whether
transportation plans, transportation
improvement programs (TIPs), and
federally supported highway and transit
projects conform to the SIP. EPA’s
regulation at 40 CFR 93.109 specifies
the conformity criteria for each
transportation action. See Table 1, 40
CFR 93.109.
The BPA maintenance plan
submission includes motor vehicle
emissions budgets (MVEBs) for the last
year of the maintenance plan (in this
9 The 1997 eight-hour ozone NAAQS is violated
by any consecutive three-year average of each
annual fourth-highest daily maximum eight-hour
ozone average at or above 85 ppb.
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Fmt 4702
Sfmt 4702
34685
case 2032). MVEBs are used to conduct
regional emissions analyses for
transportation conformity purposes. See
40 CFR 93.118. The MVEB is the portion
of the total allowable emissions in the
maintenance demonstration that is
allocated to highway and transit vehicle
use and emissions. See 40 CFR 93.101.
The South Coast II court decision
upheld EPA’s revocation of the 1997
ozone NAAQS, which was effective on
April 6, 2015. EPA’s current
transportation conformity regulation
requires a regional emissions analysis
only during the time period beginning
one year after a nonattainment
designation for a particular NAAQS
until the effective date of revocation of
that NAAQS (40 CFR 93.109(c)).
Therefore, pursuant to the conformity
regulation, a regional emissions analysis
using MVEBs is not required for
conformity determinations for the 1997
ozone NAAQS because that NAAQS has
been revoked (80 FR 12264). As no
regional emissions analysis is required
for the BPA maintenance area,
transportation conformity for the 1997
ozone NAAQS can be demonstrated for
transportation plans and TIPs by
showing that the remaining criteria
contained in Table 1 in 40 CFR 93.109,
and 40 CFR 93.108 have been met.
Therefore, EPA is not taking any action
on the submitted 2032 NOX and VOC
MVEBs for transportation conformity
purposes. As noted previously, EPA is
proposing to find that the projected
emissions inventory which reflects
these budgets are consistent with
maintenance of the 1997 8-hour ozone
standard.
IV. Proposed Action
Under section 175A of the CAA and
for the reasons set forth above, based on
Texas’ representations and
commitments set forth above, EPA is
proposing to approve the second
maintenance plan for the 1997 ozone
NAAQS for the Beaumont-Port Arthur
area, submitted by TCEQ on February 5,
2019, as a revision to the Texas SIP.
This maintenance plan is designed to
keep the area in attainment of the 1997
ozone NAAQS through the second 10year maintenance period.
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
E:\FR\FM\08JNP1.SGM
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34686
Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Proposed Rules
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, Intergovernmental relations,
VerDate Sep<11>2014
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Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020–12044 Filed 6–5–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0631; FRL–10010–
11–Region 4]
Air Plan Approval; TN; Nitrogen Oxides
SIP Call Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision concerning nitrogen oxides
(NOX) emissions submitted by the State
of Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), through a letter
dated December 19, 2019, which revises
the Tennessee Air Pollution Control
Rule (TAPCR) titled ‘‘NOX SIP Call
Requirements for Stationary Boilers and
Combustion Turbines’’ (TN 2017 NOX
SIP Call Rule) to correct the definition
of ‘‘affected unit’’ and to clarify
requirements related to stationary
boilers and combustion turbines. EPA is
also proposing to convert the
conditional approval of the TN 2017
NOX SIP Call Rule to a full approval.
DATES: Comments must be received on
or before July 8, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0631 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. EPA will generally
not consider comments or comment
contents located outside of the primary
SUMMARY:
PO 00000
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submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gobeail McKinley, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9230. Ms. McKinley can also be reached
via electronic mail at mckinley.gobeail@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under Clean Air Act (CAA or Act)
section 110(a)(2)(D)(i)(I), which EPA has
traditionally termed the good neighbor
provision, states are required to address
the interstate transport of air pollution.
Specifically, the good neighbor
provision requires that each state’s
implementation plan contain adequate
provisions to prohibit air pollutant
emissions from within the state that will
significantly contribute to
nonattainment of the national ambient
air quality standards (NAAQS), or that
will interfere with maintenance of the
NAAQS, in any other state.
In October 1998 (63 FR 57356), EPA
finalized the ‘‘Finding of Significant
Contribution and Rulemaking for
Certain States in the Ozone Transport
Assessment Group Region for Purposes
of Reducing Regional Transport of
Ozone’’ (‘‘NOX SIP Call’’). The NOX SIP
Call required eastern states, including
Tennessee, to submit SIPs that prohibit
excessive emissions of ozone season
NOX by implementing statewide
emissions budgets.1 The NOX SIP Call
addressed the good neighbor provision
for the 1979 ozone NAAQS and was
designed to mitigate the impact of
transported NOX emissions, one of the
precursors of ozone. EPA developed the
NOX Budget Trading Program, an
allowance trading program that states
could adopt to meet their obligations
under the NOX SIP Call. This trading
program allowed the following sources
to participate in a regional cap and trade
program: Generally electric generating
1 See 63 FR 57356 (October 27, 1998). As
originally promulgated, the NOX SIP Call also
addressed good neighbor obligations under the 1997
8-hour ozone NAAQS, but EPA subsequently stayed
and later rescinded the rule’s provisions with
respect to that standard. See 65 FR 56245
(September 18, 2000); 84 FR 8422 (March 8, 2019).
E:\FR\FM\08JNP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 34681-34686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12044]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0716; FRL-10010-04-Region 6]
Air Plan Approval; Texas; Beaumont-Port Arthur Area Second
Maintenance Plan for 1997 Ozone National Ambient Air Quality Standards
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 to approve a
revision to the Texas State Implementation Plan (SIP). The EPA is
proposing to approve the plan for maintaining the 1997 8-hour ozone
National Ambient Air Quality Standards (NAAQS or standard) through 2032
in the Beaumont-Port Arthur (BPA) area.
DATES: Written comments must be received on or before July 8, 2020.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0716, 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
[[Page 34682]]
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 Jeff Riley, 214-665-8542,
[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. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Jeff Riley, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-8542, [email protected].
Out of an abundance of caution for members of the public and our staff,
the EPA Region 6 office will be closed to the public to reduce the risk
of transmitting COVID-19. We encourage the public to submit comments
via https://www.regulations.gov, as there will be a delay in processing
mail and no courier or hand deliveries will be accepted. Please call or
email the contact listed above if you need alternative access to
material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Summary of EPA's Proposed Action
II. Background
III. The EPA's Evaluation
A. Second Maintenance Plan
B. Transportation Conformity
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Summary of EPA's Proposed Action
EPA is proposing to approve, as a revision to the Texas SIP, an
updated 1997 ozone NAAQS maintenance plan for the Beaumont-Port Arthur
area. The maintenance plan is designed to keep the area in attainment
of the 1997 ozone NAAQS through the end of the second 10-year
maintenance period.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants are referred to as ozone
precursors. Scientific evidence indicates that adverse public health
effects occur following exposure to ozone.
In 1979, under section 109 of the Clean Air Act (CAA), EPA
established primary and secondary NAAQS for ozone at 0.12 parts per
million (ppm), averaged over a 1-hour period. 44 FR 8202 (February 8,
1979). On July 18, 1997, EPA revised the primary and secondary NAAQS
for ozone to set the acceptable level of ozone in the ambient air at
0.08 ppm, averaged over an 8-hour period. 62 FR 38856 (July 18,
1997).\1\ EPA set the 8-hour ozone NAAQS based on scientific evidence
demonstrating that ozone causes adverse health effects at lower
concentrations and over longer periods of time than was understood when
the pre-existing 1-hour ozone NAAQS was set.
---------------------------------------------------------------------------
\1\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004 (69 FR 23857), EPA designated
certain areas for the 1997 ozone NAAQS, including the Beaumont-Port
Arthur area, consisting of Hardin, Jefferson and Orange Counties as
nonattainment. These designations became effective on June 15, 2004.
Under the CAA, states are also required to adopt and submit SIPs to
implement, maintain, and enforce the NAAQS in designated nonattainment
areas and throughout the state.
When a nonattainment area has three years of complete, certified
air quality data that has been determined to attain the 1997 ozone
NAAQS, and the area has met other required criteria described in
section 107(d)(3)(E) of the CAA, the state can submit to EPA a request
to be redesignated to attainment, and if approved, would then be
referred to as a ``maintenance area''.\2\
---------------------------------------------------------------------------
\2\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignation. They include attainment of the NAAQS, full
approval under section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of permanent and
enforceable reductions in emissions, demonstration that the state
has met all applicable section 110 and part D requirements, and a
fully approved maintenance plan under CAA section 175A.
---------------------------------------------------------------------------
One of the criteria for redesignation is to have an approved
maintenance plan under CAA section 175A. The maintenance plan must
demonstrate that the area will continue to maintain the standard for
the period extending 10 years after redesignation, and it must contain
such additional measures as necessary to ensure maintenance and such
contingency provisions as necessary to assure that violations of the
standard will be promptly corrected. At the end of the eighth year
after the effective date of the redesignation, the state must also
submit a second maintenance plan to ensure ongoing maintenance of the
standard for an additional 10 years. CAA section 175A.
EPA has long-standing guidance for states on developing maintenance
plans. This includes ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, September 4, 1992 (the
``Calcagni Memorandum'').\3\ The Calcagni Memorandum provides that
states may generally demonstrate maintenance by either performing air
quality modeling to show that the future mix of sources and emission
rates will not cause a violation of the NAAQS or by showing that future
emissions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni Memorandum at 3.
---------------------------------------------------------------------------
\3\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992. To view the memo, please
visit https://www.epa.gov/sites/production/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
---------------------------------------------------------------------------
On December 16, 2008, the Texas Commission on Environmental Quality
(TCEQ) submitted a request to EPA to redesignate the Beaumont-Port
Arthur area to attainment for the 1997 ozone NAAQS. This submittal
included a plan to maintain the 1997 ozone NAAQS in the BPA area
through 2021 as a revision to the Texas SIP. EPA approved the
maintenance plan for the BPA area and redesignated the area to
attainment of the 1997 ozone NAAQS effective November 19, 2010 (75 FR
64675). The Beaumont-Port Arthur area continues to meet the 1997
standard. In fact, air quality has continued to improve. The area's
preliminary design value for 2017-2019 is 70 ppb which not only
[[Page 34683]]
complies with the 1997 standard but also the more stringent 2008 and
2015 ozone standards.
Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
ozone NAAQS revoked the 1997 ozone NAAQS and provided that one
consequence of revocation was that areas that had been redesignated to
attainment (i.e., maintenance areas) for the 1997 standard no longer
needed to submit second 10-year maintenance plans under CAA section
175A(b).\4\ However, in South Coast Air Quality Management District v.
EPA \5\ (South Coast II), the D.C. Circuit vacated EPA's interpretation
that, because of the revocation of the 1997 ozone standard, second
maintenance plans were not required for ``orphan maintenance areas,''
i.e., areas that had been redesignated to attainment for the 1997 NAAQS
and were designated attainment for the 2008 ozone NAAQS. Thus, states
with these ``orphan maintenance areas'' under the 1997 ozone NAAQS must
submit maintenance plans for the second maintenance period.
Accordingly, on February 5, 2019, the Texas Commission on Environmental
Quality (TCEQ) submitted the second maintenance plan for the Beaumont-
Port Arthur area. The maintenance plan shows that the area is expected
to remain in attainment of the 1997 ozone NAAQS through the end of the
full 20-year maintenance period. The State's submittal also included a
request to EPA to redesignate the BPA area to attainment for the
revoked 1979 1-hour ozone NAAQS \6\ and a plan to provide for
maintenance of the 1-hour ozone standard in the BPA area through 2032.
EPA is not addressing the 1-hour ozone standard portion of the State's
submission at this time.
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\4\ See 80 FR 12315 (March 6, 2015).
\5\ 882 F.3d 1138 (D.C. Cir. 2018).
\6\ In April 2004, EPA published a rule governing implementation
of the 1997 ozone NAAQS (Phase 1 Rule). 69 FR 23951 (April 30,
2004). The Phase 1 Rule revoked the 1-hour ozone NAAQS along with
designations and classifications for that standard.
---------------------------------------------------------------------------
III. The EPA's Evaluation
A. Second Maintenance Plan
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA deems necessary, to
assure prompt correction of the future NAAQS violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan.
On February 5, 2019, TCEQ submitted, as a SIP revision, a plan to
provide for maintenance of the 1997 ozone standard in the Beaumont-Port
Arthur area through 2032, more than 20 years after the effective date
of redesignation to attainment. As discussed below, EPA finds that
Texas' second maintenance plan includes the necessary components and
proposes to approve the maintenance plan as a revision to the Texas
SIP.
1. Attainment Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical summer day VOC and NOX
emissions, as these pollutants are precursors to ozone formation.
The CAA section 175A maintenance plan approved by EPA for the first
10-year period included an attainment inventory that reflects typical
summer day VOC and NOX emissions for the 2005 attainment
year. In addition, because the BPA maintenance area continued to
monitor attainment of the 1997 ozone NAAQS in 2014, this is also an
appropriate year to use for an attainment year inventory. As such, the
TCEQ has developed a 2014 attainment year inventory for the BPA area,
presented in Table 1 below, to represent the VOC and NOX
emissions that occur on a typical summer weekday. The 2014 attainment
year inventory was developed from the 2014 periodic emissions inventory
(PEI), in accordance with the Air Emissions Reporting Requirements. See
80 FR 8787 (February 19, 2015). For some source categories, the TCEQ
developed state-specific emissions estimates by acquiring state-
specific activity data and applying appropriate emissions factors in
developing the 2014 attainment year inventory, as well as projections
for the 2032 maintenance year inventory presented in Table 2 below.
These source categories include but are not limited to: Storage tanks,
structural fires, dry cleaners, and automobile fires. In particular,
the TCEQ focused on refining the oil and gas area source inventory
production categories. These inventories also include descriptions of
the methods used to estimate emissions.\7\ Table 1 shows 2014
attainment year VOC and NOX emission totals for all sectors
for the BPA maintenance area.
---------------------------------------------------------------------------
\7\ For more information on EIs, including guidance, reports,
and resources, see EPA's website at https://www.epa.gov/air-emissions-inventories.
Table 1--Beaumont-Port Arthur Area Typical Summer Day VOC and NOX
Emissions for Attainment year 2014 in Tons per Day (tpd)
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Nonroad............................................... 2.67 16.66
Onroad................................................ 6.27 18.49
Point................................................. 32.20 62.25
Area.................................................. 54.99 3.89
-----------------
Total............................................... 96.13 101.29
------------------------------------------------------------------------
2. Maintenance Demonstration
TCEQ is demonstrating maintenance through 2032 by showing that
future emissions of VOC and NOX for the Beaumont-Port Arthur
area remain at or below attainment year emission levels. 2032 is an
appropriate maintenance year for the BPA area because it is more than
10 years beyond the first 10-year maintenance period. The 2032
emissions inventory is projected from the 2014 PEI, which was the most
recent available inventory at the time the TCEQ was preparing the
maintenance plan submittal for the BPA area. The 2032 summer day
emissions inventory for the Beaumont-Port Arthur area is summarized in
Table 2 below.
[[Page 34684]]
Table 2--Beaumont-Port Arthur Area Typical Summer Day VOC and NOX
Emissions for Maintenance Year 2032
[tpd]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Nonroad................................. 2.29 7.64
Onroad.................................. 2.21 4.76
Point................................... 32.73 62.32
Area.................................... 43.65 3.95
-------------------------------
Total............................... 80.88 78.67
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Table 3 below shows the changes in VOC and NOX emissions
between the attainment year (2014) and maintenance year (2032) for the
BPA maintenance area.
Table 3--Change in Typical Summer Day VOC and NOX Emissions in the Beaumont-Port Arthur Area Between 2014 and 2032
[tpd]
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VOC NOX
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Source category Net change Net change
2014 2032 (2014-2032) 2014 2032 (2014-2032)
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Nonroad........................................................... 2.67 2.29 -0.38 16.66 7.64 -9.02
Onroad............................................................ 6.27 2.21 -4.06 18.49 4.76 -13.73
Point............................................................. 32.20 32.73 +0.53 62.25 62.32 +0.07
Area.............................................................. 54.99 43.65 -11.34 3.89 3.95 +0.06
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Total......................................................... 96.13 80.88 -15.25 101.29 78.67 -22.62
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We note the slight increase in point source VOC emissions, which is
offset by the decreases in area and mobile source VOC emissions.
Additionally, the slight increases in stationary source NOX
emissions are offset by decreases in mobile source NOX
emissions. We also note that the projections for the on-road mobile
source inventory for 2032, which TCEQ submitted as motor vehicle
emissions budgets, are consistent with maintenance of the 1997 ozone
NAAQS. The maintenance demonstration for the BPA area shows maintenance
of the 1997 ozone NAAQS by providing emissions information to support
the demonstration that future emissions of NOX and VOC will
remain at or below 2014 emission levels when considering both future
source growth and implementation of future controls. We are proposing
that TCEQ has met the maintenance demonstration requirements on the
basis that the approach and methods of calculating the attainment year
and future year emission inventories that were used are consistent with
EPA guidance.\8\
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\8\ See EPA's web page for Emission Models and Other Methods to
Produce Emission Inventories. The web page includes general guidance
for preparing inventories; estimating commercial marine emission
inventories and port emissions; estimating emissions from
locomotives; and estimating emissions from aircraft: https://www.epa.gov/moves/emissions-models-and-other-methods-produce-emission-inventories.
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3. Continued Air Quality Monitoring
TCEQ has committed to continue to operate an approved ozone
monitoring network in the Beaumont-Port Arthur area. TCEQ has committed
to consult with EPA prior to making changes to the existing monitoring
network should changes become necessary in the future. TCEQ remains
obligated to meet monitoring requirements and continue to quality
assure monitoring data in accordance with 40 CFR part 58, and to enter
all data into the Air Quality System in accordance with Federal
guidelines.
4. Verification of Continued Attainment
The State of Texas has confirmed that it has the legal authority to
enforce and implement the requirements of the maintenance plans for the
areas addressed in this action. This includes the authority to adopt,
implement, and enforce any subsequent emission control measures
determined to be necessary to correct future ozone attainment problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. TCEQ has committed to
continue to operate an approved ozone monitoring network in the
Beaumont-Port Arthur maintenance area. TCEQ will not discontinue
operation, relocate, or otherwise change the existing ozone monitoring
network other than through revisions in the network approved by EPA.
In addition, to track future levels of emissions, TCEQ has
committed to continue to develop and submit to EPA updated emission
inventories for all source categories at least once every three years,
consistent with the requirements of 40 CFR part 51, subpart A, and in
40 CFR 51.122. The Consolidated Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002 (67 FR 39602). The CERR was
replaced by the Annual Emissions Reporting Requirements on December 17,
2008 (73 FR 76539).
5. Contingency Plan
Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
[[Page 34685]]
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; and, a time limit for action by the state.
The state should also identify specific indicators to be used to
determine when the contingency measures need to be considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the pollutant that were contained in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, Texas has adopted a
contingency plan for the Beaumont-Port Arthur maintenance area to
address possible future ozone air quality problems. The adopted
contingency plan maintains the same contingency measures included in
the BPA area's first 1997 ozone NAAQS 10-year maintenance plan,
approved by EPA on October 20, 2010 (75 FR 64675). The potential
contingency measures identified by the TCEQ include, but are not
limited to the following:
Revision to Title 30 of the Texas Administrative Code
(TAC) Chapter 117, Subchapter B, Division 1 or Subchapter E, Division
4, to control rich-burn, gas-fired, reciprocating internal combustion
engines located in the BPA area.
Inclusion of one or more counties in the BPA area in 30
TAC Chapter 115 VOC rules for the control of crude and condensate
storage tanks at upstream oil and gas exploration and production sites
or midstream pipeline breakout stations with uncontrolled flash
emissions greater than 25 tons per year.
Inclusion of one or more counties in the BPA area in 30
TAC Chapter 115 VOC rules for more stringent controls for tank fittings
on floating roof tanks, such as slotted guidepoles and other openings
on internal and external floating roofs.
Inclusion of one or more counties in the BPA area in 30
TAC Chapter 115 VOC rules limiting emissions from landings of floating
roofs in floating roof tanks.
Inclusion of one or more counties in the BPA area in 30
TAC Chapter 115 VOC rules for control of VOC emissions from degassing
operations for storage tanks with a nominal capacity of 75,000 gallons
or more storing materials with a true vapor pressure greater than 2.6
pounds per square inch absolute (psia), or with a nominal capacity of
250,000 gallons or more storing materials with a true vapor pressure of
0.5 psia or greater. Degassing vapors from storage vessels, transport
vessels, and marine vessels would be required to vent to a control
device until the VOC concentration of the vapors is reduced to less
than 34,000 parts per million by volume as methane.
Expand the Texas Low Emission Diesel marine diesel
requirements in 30 TAC Sec. 114.319(c) to include one or more counties
in the BPA area.
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan. The maintenance plan provides that a monitored and
certified violation of the NAAQS triggers the requirement to consider,
adopt, and implement the plan's contingency measures. The schedule and
procedure for adoption and implementation by the State is no longer
than 18 months following a monitored and certified violation of the
NAAQS.\9\ Given the estimated emissions in the Beaumont nonattainment
area, we believe the proposed contingency measures are sufficient to
address any potential future violations.
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\9\ The 1997 eight-hour ozone NAAQS is violated by any
consecutive three-year average of each annual fourth-highest daily
maximum eight-hour ozone average at or above 85 ppb.
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TCEQ's maintenance plan adequately addresses the five basic
components of a maintenance plan: attainment inventory, maintenance
demonstration, monitoring network, verification of continued
attainment, and a contingency plan. As such, EPA is proposing to
approve the maintenance plan SIP revision submitted by the TCEQ on the
basis that it meets the requirements of CAA section 175A.
B. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not cause
or contribute to new air quality violations, worsen existing
violations, or delay timely attainment of the relevant NAAQS or interim
milestones (CAA 176(c)(1)). EPA's conformity rule at 40 CFR part 93
establishes the criteria and procedures for determining whether
transportation plans, transportation improvement programs (TIPs), and
federally supported highway and transit projects conform to the SIP.
EPA's regulation at 40 CFR 93.109 specifies the conformity criteria for
each transportation action. See Table 1, 40 CFR 93.109.
The BPA maintenance plan submission includes motor vehicle
emissions budgets (MVEBs) for the last year of the maintenance plan (in
this case 2032). MVEBs are used to conduct regional emissions analyses
for transportation conformity purposes. See 40 CFR 93.118. The MVEB is
the portion of the total allowable emissions in the maintenance
demonstration that is allocated to highway and transit vehicle use and
emissions. See 40 CFR 93.101. The South Coast II court decision upheld
EPA's revocation of the 1997 ozone NAAQS, which was effective on April
6, 2015. EPA's current transportation conformity regulation requires a
regional emissions analysis only during the time period beginning one
year after a nonattainment designation for a particular NAAQS until the
effective date of revocation of that NAAQS (40 CFR 93.109(c)).
Therefore, pursuant to the conformity regulation, a regional emissions
analysis using MVEBs is not required for conformity determinations for
the 1997 ozone NAAQS because that NAAQS has been revoked (80 FR 12264).
As no regional emissions analysis is required for the BPA maintenance
area, transportation conformity for the 1997 ozone NAAQS can be
demonstrated for transportation plans and TIPs by showing that the
remaining criteria contained in Table 1 in 40 CFR 93.109, and 40 CFR
93.108 have been met. Therefore, EPA is not taking any action on the
submitted 2032 NOX and VOC MVEBs for transportation
conformity purposes. As noted previously, EPA is proposing to find that
the projected emissions inventory which reflects these budgets are
consistent with maintenance of the 1997 8-hour ozone standard.
IV. Proposed Action
Under section 175A of the CAA and for the reasons set forth above,
based on Texas' representations and commitments set forth above, EPA is
proposing to approve the second maintenance plan for the 1997 ozone
NAAQS for the Beaumont-Port Arthur area, submitted by TCEQ on February
5, 2019, as a revision to the Texas SIP. This maintenance plan is
designed to keep the area in attainment of the 1997 ozone NAAQS through
the second 10-year maintenance period.
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
[[Page 34686]]
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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-12044 Filed 6-5-20; 8:45 am]
BILLING CODE 6560-50-P
