Air Approval Plans; Texas; Reasonably Available Control Technology in the Houston-Galveston-Brazoria Ozone Nonattainment Area, 13679-13683 [2021-02762]
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules
13679
Element
2015 ozone
NAAQS
(D)4—II Prong 4: Interstate transport—protect visibility ......................................................................................................................
(D)5—Interstate and international pollution abatement .......................................................................................................................
(E)1—Adequate resources ..................................................................................................................................................................
(E)2—State board requirements ..........................................................................................................................................................
(F)1—Monitoring/Testing Source Emissions .......................................................................................................................................
(F)2—Periodic Source Emissions Reports ..........................................................................................................................................
(F)3—Correlation and Public Availability of Source Emissions Reports and Data .............................................................................
(G)—Emergency power .......................................................................................................................................................................
(H)—Future SIP revisions ....................................................................................................................................................................
(I)—Nonattainment planning requirements of part D ..........................................................................................................................
(J)1—Consultation with government officials ......................................................................................................................................
(J)2—Public notification .......................................................................................................................................................................
(J)3—PSD ............................................................................................................................................................................................
(J)4—Visibility protection .....................................................................................................................................................................
(K)—Air quality modeling/data .............................................................................................................................................................
(L)—Permitting fees .............................................................................................................................................................................
(M)—Consultation and participation by affected local entities ............................................................................................................
A
A
A
A
A
A
A
A
A
*
A
A
A
*
A
A
A
In the above table, the key is as
follows:
A ............
NA ..........
* .............
Approve.
No Action/Separate Rulemaking.
Not germane to infrastructure
SIPs.
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
CAA 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 approves 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 it is not a significant
regulatory action 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
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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 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.
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Dated: February 4, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–02743 Filed 3–9–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0165; FRL–10018–
30–Region 6]
Air Approval Plans; Texas; Reasonably
Available Control Technology in the
Houston-Galveston-Brazoria Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve the May 13,
2020 revisions to the Texas State
Implementation Plan (SIP) concerning
Reasonably Available Control
Technology (RACT) requirement for the
Houston-Galveston-Brazoria (HGB),
2008 8-hour ozone National Air Quality
Ambient Air Quality Standards
(NAAQS) nonattainment area (NA). The
HGB area, designated as serious for 2008
8-hour ozone NAAQS, consists of
Brazoria, Chambers, Fort Bend,
Galveston, Harris, Liberty, Montgomery
and Waller counties. The RACT
requirements apply to sources of
Volatile Organic Compounds (VOC) and
Oxides of Nitrogen (NOX) in this area.
We are also proposing to approve
negative declarations for certain VOC
source categories subject to RACT in the
HGB area.
SUMMARY:
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Written comments must be
received on or before April 9, 2021.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2020–0165, at https://
www.regulations.gov or via email to
Todd.Robert@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Robert M. Todd, (214) 665–
2156, Todd.Robert@epa.gov. For the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. 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:
Robert M. Todd, 214–665–2156,
Todd.Robert@epa.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Region
6 office may 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 may be a
delay in processing mail and courier or
hand deliveries may not 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.
DATES:
I. Background
VOC and NOX help produce groundlevel ozone, or smog, which harms
human health and the environment.
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Sections 182(b)(2) and (f) require that
SIPs for ozone nonattainment areas
classified as moderate or above include
implementation of RACT for any source
covered by a Control Techniques
Guidelines (CTG) document and also for
any major source of VOC or NOX not
covered by a CTG. It is worth noting that
for some CTG categories, RACT is
applicable to minor or area sources. The
EPA has defined RACT as the lowest
emissions limitation that a particular
source is capable of meeting by the
application of control technology that is
reasonably available, considering
technological and economic feasibility.
See September 17, 1979 (44 FR 53761).
For a Moderate, Serious, or Severe
area a major stationary source is one
that emits, or has the potential to emit,
100, 50, or 25 tons per year (tpy) or
more of VOCs or NOX, respectively. See
CAA sections 182(b), 182(c), and 182(d).
The EPA provides states with guidance
concerning what types of controls could
constitute RACT for a given source
category through the issuance of CTG
and Alternative Control Techniques
(ACT) documents. See https://
www.epa.gov/ground-level-ozonepollution/control-techniques-guidelinesand-alternative-control-techniques (URL
dating November 12, 2020) for a listing
of EPA-issued CTGs and ACTs.
On March 27, 2008, the EPA revised
the primary and secondary Ozone (O3)
standard to a level of 75 parts per billion
(ppb). On October 26, 2015, (80 FR
65292) EPA adopted another revision to
the Ozone standard, but the 2008
standard remains in place. This notice
concerns the VOC RACT requirements
under the 2008 standard.
Promulgation of a NAAQS triggers a
requirement for the EPA to designate
areas as nonattainment, attainment, or
unclassifiable, and to classify the NAs at
the time of designation. On May 21,
2012, the EPA established initial area
designations for most areas of the
country with respect to the 2008
primary and secondary eight-hour O3
NAAQS. The EPA published two rules
addressing final implementation 1 and
air quality designations.2 The
implementation rule established
classifications, associated attainment
deadlines, and revoked the 1997 O3
standards for transportation conformity
purposes. The designation rule finalized
1 See 77 FR 30160 ‘‘Implementation of the 2008
National Ambient Air Quality Standards for Ozone:
Nonattainment Area Classifications Approach,
Attainment Deadlines and Revocation of the 1997
Ozone Standards for Transportation Conformity
Purposes.’’
2 See 77 FR 30088, ‘‘Air Quality Designations for
the 2008 Ozone National Ambient Air Quality
Standards.’’
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the NAA boundaries for areas that did
not meet the 75 ppb standard.
Furthermore, the finalized
nonattainment areas were classified
according to the severity of their O3 air
quality problems as determined by each
area’s design value.3 The O3
classification categories were defined as
Marginal, Moderate, Serious, Severe, or
Extreme.
Originally the HGB area was classified
as ‘‘marginal’’ (77 FR 30088 and 77 FR
30160, May 21, 2012).4 However, the
HGB area did not meet the revised
attainment deadline of July 20, 2016 and
was reclassified to moderate. Based on
the moderate classification of the HGB
area for the 2008 ozone standard, under
section 182(b) of the CAA, a major
stationary source in the area is one that
emits, or has the potential to emit, 100
tpy or more of VOCs or NOX. However,
on August 23, 2019 (84 FR 44238), we
found the HGB area did not meet the
attainment date for the moderate
classification under the 2008 O3
NAAQS and designated the area to be a
‘‘serious’’ nonattainment area with an
attainment date of July 20, 2021. Under
the ‘‘serious’’ designation the major
source threshold is 50 tpy or more of
VOC or NOX. In our action reclassifying
HGB to serious, we set a deadline of
August 3, 2021 for TCEQ to provide a
demonstration that RACT was in place
as necessary to meet the serious area
requirements.
On May 13, 2020 Texas submitted its
SIP demonstration that serious level
RACT for sources of VOC and NOX
emissions in the HGB area is met for the
2008 NAAQS. Texas, in its SIP
analyses 5 to identify major stationary
sources of NOX and VOC reviewed the
TCEQ 2017 point source emissions
inventory, New Source Review and
Clean Air Act Title V databases to locate
potential sources. All sources in the
Title V database that were listed as a
major source for NOX or VOC emissions
are included in the RACT analysis.
TCEQ noted that they reviewed sources
that reported actual emissions as low as
25 tpy of NOX or VOC to account for the
difference between actual and potential
emissions. TCEQ also noted that sites
3 The air quality design value for the 8-hour
ozone NAAQS is the three-year average of the
annual fourth highest daily maximum 8-hour
average ozone concentration. See 40 CFR part 50,
appendix I.
4 Subsequently the attainment deadlines were
revised under the marginal classification. 80 FR
12264, March 6, 2015; 81 FR 26697, May 4, 2016).
5 See Appendix F, Reasonably Available control
Technology Analysis, of the state’s SIP submittal,
available at https://www.tceq.texas.gov/assets/
public/implementation/air/sip/hgb/hgb_serious_
AD_2019/HGB_AD_SIP_19077SIP_AppendixF_
adoption.pdf. Last accessed November 16, 2020.
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from the emissions inventory database
with emissions equal to or greater than
a threshold of 25 tpy or more of NOX or
VOC definition that were not identified
in the Title V database and could not be
verified as minor sources by other
means are also included in the RACT
analysis.
II. Evaluation
Reliance on Prior RACT Determination
for HGB Area
In TCEQ’s May 13, 2020 submittal,
Table F–1 titled ‘‘State Rules
Addressing VOC RACT Requirements in
CTG Reference Documents’’ lists VOC
CTG source categories, their reference
documents, and corresponding state
rules addressing VOC RACT
requirements. Table F–2 titled ‘‘State
Rules Addressing VOC RACT
Requirements in ACT Reference
Documents,’’ in TCEQ’s May 13, 2020
SIP, lists state rules addressing VOC
RACT for ACT source categories. The
implementation rule of March 6, 2015
(80 FR 12264), explains that States
should refer to existing CTG and ACT
documents as well as all relevant
technical information including recent
technical information received during
the public comment period to determine
if RACT is being applied. States may
conclude, in some cases, that sources
already addressed by RACT
determinations to meet the 1-hour and/
or the 1997 8-hour ozone NAAQS do
not need to implement additional
controls to meet the 2008 ozone NAAQS
RACT requirement (80 FR 12279, March
6, 2015). The EPA has approved the 30
TAC Chapter 115 VOC rules as RACT
for the HGB area under the 1-hour and
1997 8-hour ozone NAAQS (71 FR,
52670, September 6, 2006; 78 FR 19599,
April 2, 2013; 79 FR 21144, April 15,
2014; 79 FR 45105, August 4, 2014; and
80 FR 16291, March 27, 2015) and later
the 2008 Moderate NAAQS area
designation (84 FR 18145, April 30,
2019). The EPA determined that VOC
RACT is in place for all CTG and nonCTG major sources in the HGB area for
the 1-hour, 1997 8-hour ozone NAAQS
and 2008 moderate area NAAQS (71 FR
52676, September 6, 2006; 79 FR 21144,
April 15, 2014; and 84 FR 18145, April
30, 2019), respectively. Texas’s May 13,
2020 submittal relies on those EPAapproved Chapter 115 rules for the 1hour, 1997 8-hour and 2008 8-hour
ozone NAAQS to fulfill RACT
requirement for CTG and non-CTG VOC
major sources for the 2008 8-hour
serious ozone NAAQS.6
6 See EPA–R06–OAR–2005–TX–0018, EPA–R06–
OAR–2012–0100 and EPA–R06–OAR–2017–0055,
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We are proposing to find that the
rules we approved as meeting RACT for
the 1-hour and 1997 8-hour ozone
NAAQS also meet RACT for the 2008 8hour ozone NAAQS. We have
determined this is appropriate because
the fundamental control techniques
described in the CTG and ACT
documents and implemented in the
Texas Rules are still applicable. This is
supported by the implementing rule for
the 2008 ozone NAAQS.7 The Chapter
115 rules provide appropriate VOC
emissions reductions that are equivalent
to control options cited in the CTG and
ACT documents and any non-CTG
major sources are appropriately
controlled.
The state did not include any
revisions to implement the new CTG for
the Oil and Natural Gas Industry (EPA–
453/B–16–001, October 2016) in the
HGB area.8 As explained in EPA’s
implementing memo 9 for this CTG,
Texas was required to adopt and submit
revisions to the SIP by no later than two
years after the availability of the said
CTG. In this case, the date of the notice
of availability was October 27, 2016 (See
81 FR 74798). EPA issued a notice of
failure to submit on November 16, 2020
(85 FR 72963) 10 establishing a 24month deadline for EPA to either
approve SIPs or finalize Federal
Implementation Plans (FIPs) that
address the Oil and Natural Gas
Industry CTG in the HGB area. See
section 110(c) of the Act. The EPA is
committed to working with Texas to
expedite the development and
submission of the required SIP revisions
addressing the Oil and Natural Gas
Industry CTG for the affected areas, and
to review and act on their submissions
in accordance with the requirements of
the CAA.
available through the Regulations.gov website at:
https://www.regulations.gov/.
7 See March 6, 2015 (80 FR 12279), final action
and rationale and 80 FR 12280, first column,
comments and responses.
8 At the time of the submittal to EPA Region 6,
TCEQ noted the existence of the O&G CTG, stating
EPA had proposed to withdraw it on March 9, 2018
(83 FR 10478).
9 See ‘‘Implementing Reasonably Available
Control Technology Requirements for Sources
Covered by the 2016 Control Techniques Guidelines
for the Oil and Natural Gas Industry’’ Memorandum
from Anna Marie Wood, October 20, 2016. https://
www.epa.gov/sites/production/files/2016-10/
documents/implementing_reasonably_available_
control_technology_requirements_for_sources_
covered_by_the_2016_control_techniques_
guidelines_for_the_oil_and_natural_gas_
industry.pdf.
10 See Docket ID No. EPA–HQ–OAR–2020–0485
available at www.regulations.gov.
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13681
VOC RACT Analysis for Additional
Controls or Newly Identified Sources
The vast majority of major sources of
VOC are in categories covered by CTGs
but as explained previously, states must
ensure that all major sources have
implemented RACT even those not
covered by CTG’s. During the last RACT
review for the 2008 ozone NAAQS
conducted in response to the area’s
moderate area classification and based
on the moderate area 100 tpy major
source threshold, the TCEQ identified a
Vegetable Oil Manufacturing Operations
source emitting VOCs in a quantity
greater than the major source definition
and not covered by CTG category or
previously approved RACT rule. TCEQ’s
analysis showed that the source met a
level of control consistent with RACT,
i.e., the lowest achievable emission rate
considering technical and economic
feasibility. TCEQ did not identify any
other major sources of VOC not covered
by a rule previously approved as
implementing RACT or achieving a
level of control consistent with RACT
considering technical and economic
feasibility. Please see the Technical
Support Document (TSD) prepared in
conjunction with this action for
additional information.
VOC RACT Negative Declarations
States are not required to adopt RACT
limits for CTG source categories for
which no sources exist in a
nonattainment area and can submit a
negative declaration to that effect. The
negative declaration would need to
assert that there are no CTG sources in
the area, and the accompanying analysis
would need to support that conclusion.
Texas has reviewed its emission
inventory and determined that its
previous negative declarations for
fiberglass boat manufacturing materials,
surface coating for flat wood paneling,
letterpress printing, automobile and
light-duty truck assembly coating, and
rubber tire manufacturing categories
submitted as part of its HGB Area VOC
RACT SIP for the 1997 8-hour ozone
NAAQS are still applicable (79 FR
21144, April 15, 2014). We also are
unaware of any sources in these CTG
source categories in the area and
therefore we propose to approve these
negative declarations.
See Table F–2 titled ‘‘State Rules
Addressing VOC RACT Requirements in
ACT Reference Documents’’ for a listing
of source types for which a VOC
Alternate Control Technology document
has been issued, the state’s
determination of how the technologies
in the ACT have been addressed and
whether or not such a source is
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currently located in the HGB NA area.
We also are not aware of any major
sources in the ACT source categories
which TCEQ indicates that no sources
are located in the HGB area.
HGB Area NOX RACT TCEQ Analysis
Under CAA section 182(f) RACT is
required for major sources of NOX. The
EPA has issued ACT documents 11 that
describe available control technologies
for NOX emissions, but do not define
presumptive RACT levels. In TCEQ’s
May 13, 2020 submittal, Table F–3:
State Rules Addressing NOX RACT
Requirements in ACT Reference
Documents provides the emission
source categories, the ACT reference
documents, and the state Chapter 117
rules addressing the RACT requirements
for sources in the NOX ACT documents.
TCEQ also identified a glass
manufacturing furnace with major NOX
emissions for which the state has not
written a Chapter 117 rule controlling
NOX emissions.
In 2013, EPA determined that NOX
control measures in 30 TAC Chapter 117
met 1997 8-hour RACT requirements for
major sources of NOX in the HGB area
under the 1-hour and 1997 8-hour ozone
NAAQS (78 FR 19599, April 2, 2013).
Our approval, under these previous
standards, found that RACT was being
implemented at all major sources under
the severe area major source threshold
of 25 tpy of NOX. We reaffirmed that
determination at 84 FR 18145, April 30,
2019 in response to the area’s moderate
classification under the 2008 standard.
Texas’s submittal relies on those EPAapproved Chapter 117 rules to fulfill
RACT requirements for all but one NOX
source category that exist in the HGB
area. As noted, there was a major source
glass manufacturer identified as part of
the analysis approved in April 2019. At
that time, we approved the controls in
place at the facility as RACT with
controls consistent with the ACT for
this source type. (See section 3.2.2 of
Appendix F of the TCEQ May 13, 2020
submittal for details.)
In our implementation rule for the
2008 ozone NAAQS, we made clear we
believed that, in some cases, new RACT
determinations would ‘‘result in the
same or similar control technology as
the RACT determinations made for the
1-hour or 1997 standards.’’ This is
because the fundamental control
techniques, as described in the CTG and
ACT documents, are still applicable.
Following this line of reasoning, Texas
determined the existing Chapter 117
11 See https://www.epa.gov/ground-level-ozonepollution/control-techniques-guidelines-andalternative-control-techniques.
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NOX reduction regulations provide
appropriate NOX emissions reductions
that meet RACT emission reduction
requirements and adequately
incorporate ACT document controls
where appropriate. We are proposing to
find that the existing Chapter 117 rules
meet the RACT requirement in the HGB
area for the 2008 8-hour ozone NAAQS.
As stated above, Texas noted their
review of NOX sources in the HGB area
identified only one major source that
was not covered by a rule previously
approved as RACT which was a facility
falling under the Glass Manufacturing
ACT category.12 The source has existing
controls consistent with RACT. Texas
did not locate any major sources subject
to the NOX Emission from Cement
Manufacturing ACT. For all the other
NOX ACT sources, the state has
established Chapter 117 regulations we
have previously approved as RACT for
the 1997 8-hour ozone NAAQS,
reaffirmed as RACT in a review
conducted for the 2008 ozone moderate
NA designation, and, as discussed
above, we are proposing to find them as
meeting RACT for the 2008 ozone
serious NA designation.
CAA 110(l) Analysis
CAA section 110(l) requires that a SIP
revision submitted to EPA be adopted
after reasonable notice and public
hearing. Section 110(l) also requires that
we not approve a SIP revision if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA.
As a part of its submittal the TCEQ
provided copies of the Public Notice of
proposed serious attainment
demonstration plans in the Texas
Register and local newspapers. The
TCEQ also held a public hearing on the
revisions to the SIP on October 14, 2019
in Houston, Texas.
There are no rule changes in control
requirements in this RACT submittal.
The evaluation of the submittal reveals
that previously EPA-approved RACT
levels of control for the HGB area
continue to be in effect, and there is no
relaxation of those control measures for
the affected sources in the proposed
RACT in the HGB area. Therefore, we do
not expect the existing NOX and VOC
RACT controls measures to interfere
with attainment and reasonable further
progress of ozone pollution control
requirements, or any other applicable
requirement of the Act. Furthermore,
12 See EPA Docket ID NOs EPA–R06–OAR–2012–
0100 and EPA–R06–OAR–2017–0055, available at:
https://www.regulations.gov/.
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records demonstrate that Texas adopted
an attainment demonstration plan that
includes this RACT analyses after
reasonable notice, a public hearing, and
an opportunity for public comment.
Thus, the CAA Section 110(l)
requirements are met. We propose that
RACT is in place for affected sources of
NOX and VOC emissions and that the
existing controls requirements continue
to represent RACT for the HGB area
with the exception of those sources
subject to the Oil and Gas CTG.
III. Proposed Action
We are proposing to approve the May
13, 2020 revisions to the Texas SIP
concerning the HGB 2008 8-hour ozone
NAAQS nonattainment area as meeting
the VOC and NOX RACT requirements
for an area designated as serious with
the exception of the requirement to
implement RACT for sources covered by
the Oil and Gas CTG. The proposed
approval is, in part, based on previous
VOC and NOX RACT determinations
made for this area under the 1-hour and
the 1997 8-hour ozone NAAQS. We are
also proposing to approve negative
declarations made for fiberglass boat
manufacturing materials, manufacturing
of pneumatic rubber tires, flat wood
paneling coatings, letterpress printing;
and automobile and light-duty truck
assembly coatings sectors in the HGB
area under the 2008 8-hour ozone
NAAQS designated as serious.
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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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.);
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021–02762 Filed 3–9–21; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:00 Mar 09, 2021
Jkt 253001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
45 CFR Parts 160 and 164
RIN 0945–AA00
Modifications to the HIPAA Privacy
Rule to Support, and Remove Barriers
to, Coordinated Care and Individual
Engagement
Office for Civil Rights (OCR),
Office of the Secretary, HHS.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The Department of Health and
Human Services (the Department) is
extending the comment period for the
proposed rule entitled ‘‘Proposed
Rulemaking (NPRM) to modify the
Standards for the Privacy of
Individually Identifiable Health
Information (Privacy Rule) under the
Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and
the Health Information Technology for
Economic and Clinical Health Act of
2009 (HITECH Act),’’ published in the
Federal Register on January 21, 2021.
The comment period for the proposed
rule, which would end March 22, 2021,
is extended to May 6, 2021.
DATES: The comment period for this
proposed rule published January 21,
2021, at 86 FR 6446, is extended to 5
p.m., eastern daylight time, on May 6,
2021.
ADDRESSES: You may submit comments
as outlined in the proposed rule at 86
FR 6446 and repeated below. Please
choose only one method listed.
You may submit comments to this
proposed rule, identified by RIN 0945–
AA00 by any of the following methods:
• Federal eRulemaking Portal. You
may submit electronic comments at
https://www.regulations.gov by searching
for the Docket ID number HHS–OCR–
0945–AA00. Follow the instructions
https://www.regulations.gov online for
submitting comments through this
method.
• Regular, Express, or Overnight Mail:
You may mail comments to U.S.
Department of Health and Human
Services, Office for Civil Rights,
Attention: Proposed Modifications to
the HIPAA Privacy Rule to Support, and
Remove Barriers to, Coordinated Care
and Individual Engagement NPRM, RIN
0945–AA00, Hubert H. Humphrey
Building, Room 509F, 200
Independence Avenue SW, Washington,
DC 20201.
All comments received by the
methods and due date specified above
SUMMARY:
PO 00000
Frm 00019
Fmt 4702
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13683
will be posted without change to
content to https://www.regulations.gov,
including any personal information
provided about the commenter, and
such posting may occur before or after
the closing of the comment period.
The Department will consider all
comments received by the date and time
specified in the DATES section above,
but, because of the large number of
public comments normally received on
Federal Register documents, the
Department is not able to provide
individual acknowledgments of receipt.
Please allow sufficient time for mailed
comments to be timely received in the
event of delivery or security delays.
Electronic comments with attachments
should be in Microsoft Word or Portable
Document Format (PDF).
Please note that comments submitted
by fax or email and those submitted
after the comment period will not be
accepted.
Docket: For complete access to
background documents or posted
comments, go to https://
www.regulations.gov and search for
Docket ID number HHS–OCR–0945–
AA00.
FOR FURTHER INFORMATION CONTACT:
Marissa Gordon-Nguyen at (800) 368–
1019 or (800) 537–7697 (TDD).
SUPPLEMENTARY INFORMATION: The
Department proposed a ‘‘Rulemaking
(NPRM) to modify the Standards for the
Privacy of Individually Identifiable
Health Information (Privacy Rule) under
the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and
the Health Information Technology for
Economic and Clinical Health Act of
2009 (HITECH Act),’’ to solicit public
comments on proposed modifications to
the HIPAA Privacy Rule to support
individuals’ engagement in their health
care, remove barriers to coordinated
care, and decrease regulatory burdens
on the health care industry while
continuing to protect individuals’ health
information privacy interests. The
Office of the Federal Register (OFR)
posted the HIPAA NPRM on the Federal
Register website for public inspection
on January 19, 2021. OFR published the
HIPAA NPRM in the Federal Register
for public comment on January 21,
2021.
On January 20, 2021, the White House
published a memorandum ‘‘Regulatory
Freeze Pending Review’’ at https://
www.whitehouse.gov/briefing-room/
presidential-actions/2021/01/20/
regulatory-freeze-pending-review/ (the
Regulatory Freeze Memorandum). The
Regulatory Freeze Memorandum directs
the heads of Executive Departments and
Agencies to refrain from issuing new
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[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Proposed Rules]
[Pages 13679-13683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02762]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0165; FRL-10018-30-Region 6]
Air Approval Plans; Texas; Reasonably Available Control
Technology in the Houston-Galveston-Brazoria Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve the May
13, 2020 revisions to the Texas State Implementation Plan (SIP)
concerning Reasonably Available Control Technology (RACT) requirement
for the Houston-Galveston-Brazoria (HGB), 2008 8-hour ozone National
Air Quality Ambient Air Quality Standards (NAAQS) nonattainment area
(NA). The HGB area, designated as serious for 2008 8-hour ozone NAAQS,
consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery and Waller counties. The RACT requirements apply to sources
of Volatile Organic Compounds (VOC) and Oxides of Nitrogen
(NOX) in this area. We are also proposing to approve
negative declarations for certain VOC source categories subject to RACT
in the HGB area.
[[Page 13680]]
DATES: Written comments must be received on or before April 9, 2021.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0165, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Robert M. Todd, (214)
665-2156, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov. 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: Robert M. Todd, 214-665-2156,
[email protected]. Out of an abundance of caution for members of the
public and our staff, the EPA Region 6 office may 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 may
be a delay in processing mail and courier or hand deliveries may not 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.
I. Background
VOC and NOX help produce ground-level ozone, or smog,
which harms human health and the environment. Sections 182(b)(2) and
(f) require that SIPs for ozone nonattainment areas classified as
moderate or above include implementation of RACT for any source covered
by a Control Techniques Guidelines (CTG) document and also for any
major source of VOC or NOX not covered by a CTG. It is worth
noting that for some CTG categories, RACT is applicable to minor or
area sources. The EPA has defined RACT as the lowest emissions
limitation that a particular source is capable of meeting by the
application of control technology that is reasonably available,
considering technological and economic feasibility. See September 17,
1979 (44 FR 53761).
For a Moderate, Serious, or Severe area a major stationary source
is one that emits, or has the potential to emit, 100, 50, or 25 tons
per year (tpy) or more of VOCs or NOX, respectively. See CAA
sections 182(b), 182(c), and 182(d). The EPA provides states with
guidance concerning what types of controls could constitute RACT for a
given source category through the issuance of CTG and Alternative
Control Techniques (ACT) documents. See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques (URL dating November 12, 2020) for a listing of EPA-
issued CTGs and ACTs.
On March 27, 2008, the EPA revised the primary and secondary Ozone
(O3) standard to a level of 75 parts per billion (ppb). On
October 26, 2015, (80 FR 65292) EPA adopted another revision to the
Ozone standard, but the 2008 standard remains in place. This notice
concerns the VOC RACT requirements under the 2008 standard.
Promulgation of a NAAQS triggers a requirement for the EPA to
designate areas as nonattainment, attainment, or unclassifiable, and to
classify the NAs at the time of designation. On May 21, 2012, the EPA
established initial area designations for most areas of the country
with respect to the 2008 primary and secondary eight-hour O3
NAAQS. The EPA published two rules addressing final implementation \1\
and air quality designations.\2\ The implementation rule established
classifications, associated attainment deadlines, and revoked the 1997
O3 standards for transportation conformity purposes. The
designation rule finalized the NAA boundaries for areas that did not
meet the 75 ppb standard. Furthermore, the finalized nonattainment
areas were classified according to the severity of their O3
air quality problems as determined by each area's design value.\3\ The
O3 classification categories were defined as Marginal,
Moderate, Serious, Severe, or Extreme.
---------------------------------------------------------------------------
\1\ See 77 FR 30160 ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: Nonattainment Area
Classifications Approach, Attainment Deadlines and Revocation of the
1997 Ozone Standards for Transportation Conformity Purposes.''
\2\ See 77 FR 30088, ``Air Quality Designations for the 2008
Ozone National Ambient Air Quality Standards.''
\3\ The air quality design value for the 8-hour ozone NAAQS is
the three-year average of the annual fourth highest daily maximum 8-
hour average ozone concentration. See 40 CFR part 50, appendix I.
---------------------------------------------------------------------------
Originally the HGB area was classified as ``marginal'' (77 FR 30088
and 77 FR 30160, May 21, 2012).\4\ However, the HGB area did not meet
the revised attainment deadline of July 20, 2016 and was reclassified
to moderate. Based on the moderate classification of the HGB area for
the 2008 ozone standard, under section 182(b) of the CAA, a major
stationary source in the area is one that emits, or has the potential
to emit, 100 tpy or more of VOCs or NOX. However, on August
23, 2019 (84 FR 44238), we found the HGB area did not meet the
attainment date for the moderate classification under the 2008
O3 NAAQS and designated the area to be a ``serious''
nonattainment area with an attainment date of July 20, 2021. Under the
``serious'' designation the major source threshold is 50 tpy or more of
VOC or NOX. In our action reclassifying HGB to serious, we
set a deadline of August 3, 2021 for TCEQ to provide a demonstration
that RACT was in place as necessary to meet the serious area
requirements.
---------------------------------------------------------------------------
\4\ Subsequently the attainment deadlines were revised under the
marginal classification. 80 FR 12264, March 6, 2015; 81 FR 26697,
May 4, 2016).
---------------------------------------------------------------------------
On May 13, 2020 Texas submitted its SIP demonstration that serious
level RACT for sources of VOC and NOX emissions in the HGB
area is met for the 2008 NAAQS. Texas, in its SIP analyses \5\ to
identify major stationary sources of NOX and VOC reviewed
the TCEQ 2017 point source emissions inventory, New Source Review and
Clean Air Act Title V databases to locate potential sources. All
sources in the Title V database that were listed as a major source for
NOX or VOC emissions are included in the RACT analysis. TCEQ
noted that they reviewed sources that reported actual emissions as low
as 25 tpy of NOX or VOC to account for the difference
between actual and potential emissions. TCEQ also noted that sites
[[Page 13681]]
from the emissions inventory database with emissions equal to or
greater than a threshold of 25 tpy or more of NOX or VOC
definition that were not identified in the Title V database and could
not be verified as minor sources by other means are also included in
the RACT analysis.
---------------------------------------------------------------------------
\5\ See Appendix F, Reasonably Available control Technology
Analysis, of the state's SIP submittal, available at https://www.tceq.texas.gov/assets/public/implementation/air/sip/hgb/hgb_serious_AD_2019/HGB_AD_SIP_19077SIP_AppendixF_adoption.pdf. Last
accessed November 16, 2020.
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II. Evaluation
Reliance on Prior RACT Determination for HGB Area
In TCEQ's May 13, 2020 submittal, Table F-1 titled ``State Rules
Addressing VOC RACT Requirements in CTG Reference Documents'' lists VOC
CTG source categories, their reference documents, and corresponding
state rules addressing VOC RACT requirements. Table F-2 titled ``State
Rules Addressing VOC RACT Requirements in ACT Reference Documents,'' in
TCEQ's May 13, 2020 SIP, lists state rules addressing VOC RACT for ACT
source categories. The implementation rule of March 6, 2015 (80 FR
12264), explains that States should refer to existing CTG and ACT
documents as well as all relevant technical information including
recent technical information received during the public comment period
to determine if RACT is being applied. States may conclude, in some
cases, that sources already addressed by RACT determinations to meet
the 1-hour and/or the 1997 8-hour ozone NAAQS do not need to implement
additional controls to meet the 2008 ozone NAAQS RACT requirement (80
FR 12279, March 6, 2015). The EPA has approved the 30 TAC Chapter 115
VOC rules as RACT for the HGB area under the 1-hour and 1997 8-hour
ozone NAAQS (71 FR, 52670, September 6, 2006; 78 FR 19599, April 2,
2013; 79 FR 21144, April 15, 2014; 79 FR 45105, August 4, 2014; and 80
FR 16291, March 27, 2015) and later the 2008 Moderate NAAQS area
designation (84 FR 18145, April 30, 2019). The EPA determined that VOC
RACT is in place for all CTG and non-CTG major sources in the HGB area
for the 1-hour, 1997 8-hour ozone NAAQS and 2008 moderate area NAAQS
(71 FR 52676, September 6, 2006; 79 FR 21144, April 15, 2014; and 84 FR
18145, April 30, 2019), respectively. Texas's May 13, 2020 submittal
relies on those EPA-approved Chapter 115 rules for the 1-hour, 1997 8-
hour and 2008 8-hour ozone NAAQS to fulfill RACT requirement for CTG
and non-CTG VOC major sources for the 2008 8-hour serious ozone
NAAQS.\6\
---------------------------------------------------------------------------
\6\ See EPA-R06-OAR-2005-TX-0018, EPA-R06-OAR-2012-0100 and EPA-
R06-OAR-2017-0055, available through the Regulations.gov website at:
https://www.regulations.gov/.
---------------------------------------------------------------------------
We are proposing to find that the rules we approved as meeting RACT
for the 1-hour and 1997 8-hour ozone NAAQS also meet RACT for the 2008
8-hour ozone NAAQS. We have determined this is appropriate because the
fundamental control techniques described in the CTG and ACT documents
and implemented in the Texas Rules are still applicable. This is
supported by the implementing rule for the 2008 ozone NAAQS.\7\ The
Chapter 115 rules provide appropriate VOC emissions reductions that are
equivalent to control options cited in the CTG and ACT documents and
any non-CTG major sources are appropriately controlled.
---------------------------------------------------------------------------
\7\ See March 6, 2015 (80 FR 12279), final action and rationale
and 80 FR 12280, first column, comments and responses.
---------------------------------------------------------------------------
The state did not include any revisions to implement the new CTG
for the Oil and Natural Gas Industry (EPA-453/B-16-001, October 2016)
in the HGB area.\8\ As explained in EPA's implementing memo \9\ for
this CTG, Texas was required to adopt and submit revisions to the SIP
by no later than two years after the availability of the said CTG. In
this case, the date of the notice of availability was October 27, 2016
(See 81 FR 74798). EPA issued a notice of failure to submit on November
16, 2020 (85 FR 72963) \10\ establishing a 24-month deadline for EPA to
either approve SIPs or finalize Federal Implementation Plans (FIPs)
that address the Oil and Natural Gas Industry CTG in the HGB area. See
section 110(c) of the Act. The EPA is committed to working with Texas
to expedite the development and submission of the required SIP
revisions addressing the Oil and Natural Gas Industry CTG for the
affected areas, and to review and act on their submissions in
accordance with the requirements of the CAA.
---------------------------------------------------------------------------
\8\ At the time of the submittal to EPA Region 6, TCEQ noted the
existence of the O&G CTG, stating EPA had proposed to withdraw it on
March 9, 2018 (83 FR 10478).
\9\ See ``Implementing Reasonably Available Control Technology
Requirements for Sources Covered by the 2016 Control Techniques
Guidelines for the Oil and Natural Gas Industry'' Memorandum from
Anna Marie Wood, October 20, 2016. https://www.epa.gov/sites/production/files/2016-10/documents/implementing_reasonably_available_control_technology_requirements_for_sources_covered_by_the_2016_control_techniques_guidelines_for_the_oil_and_natural_gas_industry.pdf.
\10\ See Docket ID No. EPA-HQ-OAR-2020-0485 available at
www.regulations.gov.
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VOC RACT Analysis for Additional Controls or Newly Identified Sources
The vast majority of major sources of VOC are in categories covered
by CTGs but as explained previously, states must ensure that all major
sources have implemented RACT even those not covered by CTG's. During
the last RACT review for the 2008 ozone NAAQS conducted in response to
the area's moderate area classification and based on the moderate area
100 tpy major source threshold, the TCEQ identified a Vegetable Oil
Manufacturing Operations source emitting VOCs in a quantity greater
than the major source definition and not covered by CTG category or
previously approved RACT rule. TCEQ's analysis showed that the source
met a level of control consistent with RACT, i.e., the lowest
achievable emission rate considering technical and economic
feasibility. TCEQ did not identify any other major sources of VOC not
covered by a rule previously approved as implementing RACT or achieving
a level of control consistent with RACT considering technical and
economic feasibility. Please see the Technical Support Document (TSD)
prepared in conjunction with this action for additional information.
VOC RACT Negative Declarations
States are not required to adopt RACT limits for CTG source
categories for which no sources exist in a nonattainment area and can
submit a negative declaration to that effect. The negative declaration
would need to assert that there are no CTG sources in the area, and the
accompanying analysis would need to support that conclusion. Texas has
reviewed its emission inventory and determined that its previous
negative declarations for fiberglass boat manufacturing materials,
surface coating for flat wood paneling, letterpress printing,
automobile and light-duty truck assembly coating, and rubber tire
manufacturing categories submitted as part of its HGB Area VOC RACT SIP
for the 1997 8-hour ozone NAAQS are still applicable (79 FR 21144,
April 15, 2014). We also are unaware of any sources in these CTG source
categories in the area and therefore we propose to approve these
negative declarations.
See Table F-2 titled ``State Rules Addressing VOC RACT Requirements
in ACT Reference Documents'' for a listing of source types for which a
VOC Alternate Control Technology document has been issued, the state's
determination of how the technologies in the ACT have been addressed
and whether or not such a source is
[[Page 13682]]
currently located in the HGB NA area. We also are not aware of any
major sources in the ACT source categories which TCEQ indicates that no
sources are located in the HGB area.
HGB Area NOX RACT TCEQ Analysis
Under CAA section 182(f) RACT is required for major sources of
NOX. The EPA has issued ACT documents \11\ that describe
available control technologies for NOX emissions, but do not
define presumptive RACT levels. In TCEQ's May 13, 2020 submittal, Table
F-3: State Rules Addressing NOX RACT Requirements in ACT Reference
Documents provides the emission source categories, the ACT reference
documents, and the state Chapter 117 rules addressing the RACT
requirements for sources in the NOX ACT documents. TCEQ also
identified a glass manufacturing furnace with major NOX
emissions for which the state has not written a Chapter 117 rule
controlling NOX emissions.
---------------------------------------------------------------------------
\11\ See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques.
---------------------------------------------------------------------------
In 2013, EPA determined that NOX control measures in 30
TAC Chapter 117 met 1997 8-hour RACT requirements for major sources of
NOX in the HGB area under the 1-hour and 1997 8-hour ozone
NAAQS (78 FR 19599, April 2, 2013). Our approval, under these previous
standards, found that RACT was being implemented at all major sources
under the severe area major source threshold of 25 tpy of
NOX. We reaffirmed that determination at 84 FR 18145, April
30, 2019 in response to the area's moderate classification under the
2008 standard. Texas's submittal relies on those EPA-approved Chapter
117 rules to fulfill RACT requirements for all but one NOX
source category that exist in the HGB area. As noted, there was a major
source glass manufacturer identified as part of the analysis approved
in April 2019. At that time, we approved the controls in place at the
facility as RACT with controls consistent with the ACT for this source
type. (See section 3.2.2 of Appendix F of the TCEQ May 13, 2020
submittal for details.)
In our implementation rule for the 2008 ozone NAAQS, we made clear
we believed that, in some cases, new RACT determinations would ``result
in the same or similar control technology as the RACT determinations
made for the 1-hour or 1997 standards.'' This is because the
fundamental control techniques, as described in the CTG and ACT
documents, are still applicable. Following this line of reasoning,
Texas determined the existing Chapter 117 NOX reduction
regulations provide appropriate NOX emissions reductions
that meet RACT emission reduction requirements and adequately
incorporate ACT document controls where appropriate. We are proposing
to find that the existing Chapter 117 rules meet the RACT requirement
in the HGB area for the 2008 8-hour ozone NAAQS.
As stated above, Texas noted their review of NOX sources
in the HGB area identified only one major source that was not covered
by a rule previously approved as RACT which was a facility falling
under the Glass Manufacturing ACT category.\12\ The source has existing
controls consistent with RACT. Texas did not locate any major sources
subject to the NOX Emission from Cement Manufacturing ACT.
For all the other NOX ACT sources, the state has established
Chapter 117 regulations we have previously approved as RACT for the
1997 8-hour ozone NAAQS, reaffirmed as RACT in a review conducted for
the 2008 ozone moderate NA designation, and, as discussed above, we are
proposing to find them as meeting RACT for the 2008 ozone serious NA
designation.
---------------------------------------------------------------------------
\12\ See EPA Docket ID NOs EPA-R06-OAR-2012-0100 and EPA-R06-
OAR-2017-0055, available at: https://www.regulations.gov/.
---------------------------------------------------------------------------
CAA 110(l) Analysis
CAA section 110(l) requires that a SIP revision submitted to EPA be
adopted after reasonable notice and public hearing. Section 110(l) also
requires that we not approve a SIP revision if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA.
As a part of its submittal the TCEQ provided copies of the Public
Notice of proposed serious attainment demonstration plans in the Texas
Register and local newspapers. The TCEQ also held a public hearing on
the revisions to the SIP on October 14, 2019 in Houston, Texas.
There are no rule changes in control requirements in this RACT
submittal. The evaluation of the submittal reveals that previously EPA-
approved RACT levels of control for the HGB area continue to be in
effect, and there is no relaxation of those control measures for the
affected sources in the proposed RACT in the HGB area. Therefore, we do
not expect the existing NOX and VOC RACT controls measures
to interfere with attainment and reasonable further progress of ozone
pollution control requirements, or any other applicable requirement of
the Act. Furthermore, records demonstrate that Texas adopted an
attainment demonstration plan that includes this RACT analyses after
reasonable notice, a public hearing, and an opportunity for public
comment. Thus, the CAA Section 110(l) requirements are met. We propose
that RACT is in place for affected sources of NOX and VOC
emissions and that the existing controls requirements continue to
represent RACT for the HGB area with the exception of those sources
subject to the Oil and Gas CTG.
III. Proposed Action
We are proposing to approve the May 13, 2020 revisions to the Texas
SIP concerning the HGB 2008 8-hour ozone NAAQS nonattainment area as
meeting the VOC and NOX RACT requirements for an area
designated as serious with the exception of the requirement to
implement RACT for sources covered by the Oil and Gas CTG. The proposed
approval is, in part, based on previous VOC and NOX RACT
determinations made for this area under the 1-hour and the 1997 8-hour
ozone NAAQS. We are also proposing to approve negative declarations
made for fiberglass boat manufacturing materials, manufacturing of
pneumatic rubber tires, flat wood paneling coatings, letterpress
printing; and automobile and light-duty truck assembly coatings sectors
in the HGB area under the 2008 8-hour ozone NAAQS designated as
serious.
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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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.);
[[Page 13683]]
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-02762 Filed 3-9-21; 8:45 am]
BILLING CODE 6560-50-P
