Air Plan Approval; Texas; Clean Air Act Requirements for Emissions Inventories for Nonattainment Areas for the 2015 Ozone National Ambient Air Quality Standards, 16171-16173 [2021-06300]
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
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§ 38.770
(Authority: 38 U.S.C. 501(d), 2400 note and
2 CFR 200.333)
[FR Doc. 2021–05721 Filed 3–25–21; 8:45 am]
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khammond on DSKJM1Z7X2PROD with PROPOSALS
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0177; FRL–10021–
16–Region 6]
Air Plan Approval; Texas; Clean Air
Act Requirements for Emissions
Inventories for Nonattainment Areas
for the 2015 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the portions of the State Implementation
Plan (SIP) submitted by the State of
Texas to meet the Emissions Inventory
(EI) requirements of the Federal Clean
Air Act (CAA or the Act), for the DallasFort Worth (DFW), Houston-GalvestonBrazoria (HGB), and Bexar County
ozone nonattainment areas for the 2015
8-hour ozone national ambient air
quality standards (NAAQS). EPA is
proposing to approve this action
pursuant to section 110 and part D of
the CAA and EPA’s regulations.
DATES: Written comments must be
received on or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2021–0177, at https://
www.regulations.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 the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
SUMMARY:
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16171
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: Ms.
Nevine Salem, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–7222, salem.nevine@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.
I. Background
Ozone is a gas that is formed by the
reaction of Volatile Organic Compounds
(VOC) and Oxides of Nitrogen (NOX) in
the atmosphere in the presence of
sunlight. Therefore, an emission
inventory for ozone focuses on the
emissions of VOC and NOX referred to
as ozone precursors. These precursors
(VOC and NOX) are emitted by many
types of pollution sources, including
point sources such as power plants and
industrial emissions sources; on-road
and off-road mobile sources (motor
vehicles and engines); and smaller
residential and commercial sources,
such as dry cleaners, auto body shops,
and household paints, collectively
referred to as nonpoint sources (also
called area sources).
1. The 2015 Ozone NAAQS
On October 1, 2015 the EPA revised
both the primary and secondary
NAAQS 1 for ozone from concentration
1 The primary ozone standards provide protection
for children, older adults, and people with asthma
or other lung diseases, and other at-risk populations
against an array of adverse health effects that
include reduced lung function, increased
respiratory symptoms and pulmonary
inflammation; effects that contribute to emergency
department visits or hospital admissions; and
mortality. The secondary ozone standards protect
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
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level of 0.075 part per million (ppm) to
0.070 ppm to provide increased
protection of public health and the
environment (80 FR 65296, October 26,
2015). The 2015 8-hour ozone NAAQS
retains the same general form and
averaging time as the 0.075 ppm
NAAQS set in 2008 (2008 8-hour
NAAQS) but is set at a more protective
level. Specifically, the 2015 8-hour
ozone NAAQS is attained when the 3year average of the annual fourthhighest daily maximum 8-hour ambient
air quality ozone concentrations is less
than or equal to 0.07 ppm 2.
On March 9, 2018 (83 FR 10376), the
EPA published the Classifications Rule
that establishes how the statutory
classifications apply for the 2015 8-hr
ozone NAAQS, including the air quality
thresholds for each classification
category and attainment deadline
associated with each classification.
On June 18, 2018, the EPA classified
the DFW and HGB areas as marginal
nonattainment areas for 2015 ozone
NAAQS with an attainment deadline of
August 3, 2021. (See 83 FR 25776). The
DFW area consists of Collin, Dallas,
Denton, Ellis, Johnson, Kaufman,
Parker, Tarrant and Wise counties. The
HGB area consists of Brazoria,
Chambers, Fort Bend, Galveston, Harris,
and Montgomery counties. On July 25,
2018, Bexar county was designated as
marginal nonattainment area for the
2015 ozone standard with an attainment
deadline of September 24, 2021 (See 83
FR 35136).
2. Statutory and Regulatory Emission
Inventory Requirements
An emission inventory of ozone is an
estimation of actual emissions of air
pollutants that contribute to the
formation of ozone in an area. The
emissions inventory provides emissions
data for a variety of air quality planning
tasks, including establishing baseline
emission levels for calculating emission
reduction targets needed to attain the
NAAQS, determining emission inputs
for ozone air quality modeling analyses,
and tracking emissions over time to
determine progress toward meeting
Reasonable Further Progress (RFP)
requirements.
CAA section 182(a)(1) and 40 CFR
51.1315(b) require states to submit a
‘‘base year inventory’’ for each ozone
nonattainment area within two years of
the effective date of designation. This
inventory must be ‘‘a comprehensive,
against adverse effects to the public welfare,
including those related to impacts on sensitive
vegetation and forested ecosystems.
2 For a detailed explanation of the calculation of
the 3-year 8-hour average, see 80 FR 65296 and 40
CFR part 50, Appendix U.
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accurate, current inventory of actual
emissions from sources of VOC and
NOX emitted within the boundaries of
the nonattainment area as required by
CAA section 182(a)(1)’’ (40 CFR
51.1300(p), see also CAA section
172(c)(3)). In addition, 40 CFR
51.1310(b) requires that the inventory
year be selected consistent with the
baseline year for the RFP plan, which is
usually the most recent calendar year
for which a complete triennial
emissions inventory is required to be
submitted to the EPA under the Air
Emissions Reporting Requirements
(AAER) (40 CFR part 51, subpart A).
3. State’s Submittal
On June 10, 2020, Texas adopted a
SIP revision addressing the 2015 ozone
NAAQS emissions inventory
requirements for the DFW, HGB and
Bexar County nonattainment areas, and
submitted it to EPA on June 24, 2020.3
Texas has developed a 2017 base year
emissions inventory for the DFW, HGB,
and Bexar county nonattainment areas.
The 2017 base year emissions include
all point, nonpoint (area), non-road
mobile, and on-road mobile source
emissions. Tables 1, 2, and 3 summarize
the 2017 NOX and VOC emissions for
these nonattainment areas for a typical
ozone season day emission 4 (reflective
of the summer period, when the highest
ozone concentrations are expected in
these ozone nonattainment areas).
TABLE 1—DFW 2017 EMISSIONS
INVENTORY
[Tons per day]
Source type
NOX
VOC
Point ..........................
Nonpoint (Area) ........
On-road Mobile .........
Non-road Mobile .......
29.90
41.82
74.79
125.13
21.04
293.62
31.74
60.56
Total ......................
271.64
406.96
TABLE 2—HGB 2017 EMISSIONS
INVENTORY
[Tons per day]
Source type
NOX
VOC
Point ..........................
Nonpoint (Area) ........
On-road Mobile .........
Non-road Mobile .......
97.31
32.12
86.34
101.49
73.34
287.74
32.29
58.65
Total ......................
317.26
452.02
3 A copy of the SIP revision is available online at
www.regulations.gov, Docket number EPA–R06–
OAR–2021–0177.
4 See Ozone season day emission as defined in 40
CFR 51.1300(q).
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TABLE 3—BEXAR COUNTY 2017
EMISSIONS INVENTORY
[Tons per day]
Source type
NOX
VOC
Point ..........................
Nonpoint (Area) ........
On-road Mobile .........
Non-road Mobile .......
29.88
6.62
11.42
35.70
3.56
74.61
7.09
20.84
Total ......................
83.62
106.10
II. EPA’s Evaluation
EPA has reviewed the Texas SIP
revision for consistency with the CAA
and regulatory emission inventory
requirements. In particular, EPA has
reviewed the techniques used by state of
Texas to derive and quality assure the
emission estimates. EPA has also
evaluated whether Texas provided the
public with the opportunity to review
and comment on the development of the
emission estimates and whether Texas
addressed the public comments
received. A summary of EPA’s analysis
is provided below. For a full discussion
for our evaluation, please see our
Technical Support Document (TSD)
included in the docket to this action.
Texas documented the general
procedures used to estimate the
emissions for each of the four major
source types as referenced above. The
documentation of the emission
estimation procedures was adequate for
us to determine that Texas followed
acceptable procedures to estimate the
emissions.
Texas developed a quality assurance
plan and followed this plan during
various phases of the emissions
estimation and documentation process
to quality assure the emissions for
completeness and accuracy. These
quality assurance procedures are
summarized in the documentation
describing how the emissions totals
were developed. We propose to find that
the quality assurance procedures
followed by Texas are adequate and
acceptable and that Texas has
developed inventories of VOC and NOX
emissions that are comprehensive and
complete.
Texas notified the public of the
opportunity for comment and offered
three public hearings. A full record of
public notices, written and oral
comments received during the state’s
public comment period, as well as
states’ responses to those comments are
included in the state’s submittal. A copy
of the Texas SIP revision submittal is
available online at www.regulations.gov,
Docket number EPA–R06–OAR–2021–
0177.
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
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III. Proposed Action
We are proposing to approve the
portion of the Texas SIP revision
submitted on June 24, 2020 to address
the emissions inventory requirements
for the DFW, HGB, and Bexar counties
for the 2015 ozone NAAQS. The
inventories we are proposing to approve
are listed in Tables 1, 2, and 3 above.
We are proposing to approve the
emissions inventories because they
contain comprehensive, accurate and
current inventories of actual emissions
for all relevant sources in accordance
with CAA sections 172(c)(3) and
182(a)(1) requirements and because
Texas adopted the emission inventories
consistent with reasonable public notice
and opportunity for a public hearing
requirements. A TSD was prepared
which details our evaluation. Our TSD
may be accessed online at
www.regulations.gov, Docket No. EPA–
R06–OAR–2021–0177.
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.);
• 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);
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• 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 record keeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 22, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021–06300 Filed 3–25–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2021–0187; FRL–10021–
36–Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; North Dakota; Control of
Emissions From Existing Municipal
Solid Waste Landfills; Control of
Emissions From Existing Commercial
and Industrial Solid Waste Incineration
Units; Negative Declaration of Existing
Hospital/Medical/Infectious Waste
Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the ‘‘Act’’), the
Environmental Protection Agency (EPA
SUMMARY:
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16173
or the ‘‘Agency’’) is proposing approval
of a CAA section 111(d) plan submitted
by the North Dakota Department of
Environmental Quality (NDDEQ or the
‘‘Department’’) on July 28, 2020 to
regulate landfill gas and its components
from existing municipal solid waste
(MSW) landfills. The EPA is also
proposing approval of a CAA section
111(d)/129 plan submitted by the
Department on the same date to regulate
air pollutants from existing commercial
and industrial solid waste incineration
(CISWI) units and air curtain
incinerators (ACI). These plans provide
for the State’s implementation and
enforcement of the federal emission
guidelines (EG) for existing MSW
landfills, CISWI units and ACI in North
Dakota. The EPA with this proposed
rule is also notifying the public that the
Agency has received a request from the
State of North Dakota, dated May 8,
2019, for withdrawal of a previously
approved CAA section 111(d)/129 plan
for hospital/medical/infectious waste
incineration (HMIWI) units and for
Agency approval of a negative
declaration of such units within the
State. Approval of this negative
declaration will stand in lieu of a North
Dakota CAA section 111(d)/129 plan for
HMIWI units.
Written comments must be
received on or before April 26, 2021.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2021–0187, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.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, 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.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16171-16173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06300]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0177; FRL-10021-16-Region 6]
Air Plan Approval; Texas; Clean Air Act Requirements for
Emissions Inventories for Nonattainment Areas for the 2015 Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the portions of the State Implementation Plan (SIP) submitted
by the State of Texas to meet the Emissions Inventory (EI) requirements
of the Federal Clean Air Act (CAA or the Act), for the Dallas-Fort
Worth (DFW), Houston-Galveston-Brazoria (HGB), and Bexar County ozone
nonattainment areas for the 2015 8-hour ozone national ambient air
quality standards (NAAQS). EPA is proposing to approve this action
pursuant to section 110 and part D of the CAA and EPA's regulations.
DATES: Written comments must be received on or before April 26, 2021.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2021-0177, at https://www.regulations.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
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://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: Ms. Nevine Salem, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-7222, [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.
I. Background
Ozone is a gas that is formed by the reaction of Volatile Organic
Compounds (VOC) and Oxides of Nitrogen (NOX) in the
atmosphere in the presence of sunlight. Therefore, an emission
inventory for ozone focuses on the emissions of VOC and NOX
referred to as ozone precursors. These precursors (VOC and
NOX) are emitted by many types of pollution sources,
including point sources such as power plants and industrial emissions
sources; on-road and off-road mobile sources (motor vehicles and
engines); and smaller residential and commercial sources, such as dry
cleaners, auto body shops, and household paints, collectively referred
to as nonpoint sources (also called area sources).
1. The 2015 Ozone NAAQS
On October 1, 2015 the EPA revised both the primary and secondary
NAAQS \1\ for ozone from concentration
[[Page 16172]]
level of 0.075 part per million (ppm) to 0.070 ppm to provide increased
protection of public health and the environment (80 FR 65296, October
26, 2015). The 2015 8-hour ozone NAAQS retains the same general form
and averaging time as the 0.075 ppm NAAQS set in 2008 (2008 8-hour
NAAQS) but is set at a more protective level. Specifically, the 2015 8-
hour ozone NAAQS is attained when the 3-year average of the annual
fourth-highest daily maximum 8-hour ambient air quality ozone
concentrations is less than or equal to 0.07 ppm \2\.
---------------------------------------------------------------------------
\1\ The primary ozone standards provide protection for children,
older adults, and people with asthma or other lung diseases, and
other at-risk populations against an array of adverse health effects
that include reduced lung function, increased respiratory symptoms
and pulmonary inflammation; effects that contribute to emergency
department visits or hospital admissions; and mortality. The
secondary ozone standards protect against adverse effects to the
public welfare, including those related to impacts on sensitive
vegetation and forested ecosystems.
\2\ For a detailed explanation of the calculation of the 3-year
8-hour average, see 80 FR 65296 and 40 CFR part 50, Appendix U.
---------------------------------------------------------------------------
On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule that establishes how the statutory classifications
apply for the 2015 8-hr ozone NAAQS, including the air quality
thresholds for each classification category and attainment deadline
associated with each classification.
On June 18, 2018, the EPA classified the DFW and HGB areas as
marginal nonattainment areas for 2015 ozone NAAQS with an attainment
deadline of August 3, 2021. (See 83 FR 25776). The DFW area consists of
Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Tarrant and
Wise counties. The HGB area consists of Brazoria, Chambers, Fort Bend,
Galveston, Harris, and Montgomery counties. On July 25, 2018, Bexar
county was designated as marginal nonattainment area for the 2015 ozone
standard with an attainment deadline of September 24, 2021 (See 83 FR
35136).
2. Statutory and Regulatory Emission Inventory Requirements
An emission inventory of ozone is an estimation of actual emissions
of air pollutants that contribute to the formation of ozone in an area.
The emissions inventory provides emissions data for a variety of air
quality planning tasks, including establishing baseline emission levels
for calculating emission reduction targets needed to attain the NAAQS,
determining emission inputs for ozone air quality modeling analyses,
and tracking emissions over time to determine progress toward meeting
Reasonable Further Progress (RFP) requirements.
CAA section 182(a)(1) and 40 CFR 51.1315(b) require states to
submit a ``base year inventory'' for each ozone nonattainment area
within two years of the effective date of designation. This inventory
must be ``a comprehensive, accurate, current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the nonattainment area as required by CAA section
182(a)(1)'' (40 CFR 51.1300(p), see also CAA section 172(c)(3)). In
addition, 40 CFR 51.1310(b) requires that the inventory year be
selected consistent with the baseline year for the RFP plan, which is
usually the most recent calendar year for which a complete triennial
emissions inventory is required to be submitted to the EPA under the
Air Emissions Reporting Requirements (AAER) (40 CFR part 51, subpart
A).
3. State's Submittal
On June 10, 2020, Texas adopted a SIP revision addressing the 2015
ozone NAAQS emissions inventory requirements for the DFW, HGB and Bexar
County nonattainment areas, and submitted it to EPA on June 24,
2020.\3\ Texas has developed a 2017 base year emissions inventory for
the DFW, HGB, and Bexar county nonattainment areas. The 2017 base year
emissions include all point, nonpoint (area), non-road mobile, and on-
road mobile source emissions. Tables 1, 2, and 3 summarize the 2017
NOX and VOC emissions for these nonattainment areas for a
typical ozone season day emission \4\ (reflective of the summer period,
when the highest ozone concentrations are expected in these ozone
nonattainment areas).
---------------------------------------------------------------------------
\3\ A copy of the SIP revision is available online at
www.regulations.gov, Docket number EPA-R06-OAR-2021-0177.
\4\ See Ozone season day emission as defined in 40 CFR
51.1300(q).
Table 1--DFW 2017 Emissions Inventory
[Tons per day]
------------------------------------------------------------------------
Source type NOX VOC
------------------------------------------------------------------------
Point............................................. 29.90 21.04
Nonpoint (Area)................................... 41.82 293.62
On-road Mobile.................................... 74.79 31.74
Non-road Mobile................................... 125.13 60.56
---------------------
Total........................................... 271.64 406.96
------------------------------------------------------------------------
Table 2--HGB 2017 Emissions Inventory
[Tons per day]
------------------------------------------------------------------------
Source type NOX VOC
------------------------------------------------------------------------
Point............................................. 97.31 73.34
Nonpoint (Area)................................... 32.12 287.74
On-road Mobile.................................... 86.34 32.29
Non-road Mobile................................... 101.49 58.65
---------------------
Total........................................... 317.26 452.02
------------------------------------------------------------------------
Table 3--Bexar County 2017 Emissions Inventory
[Tons per day]
------------------------------------------------------------------------
Source type NOX VOC
------------------------------------------------------------------------
Point............................................. 29.88 3.56
Nonpoint (Area)................................... 6.62 74.61
On-road Mobile.................................... 11.42 7.09
Non-road Mobile................................... 35.70 20.84
---------------------
Total........................................... 83.62 106.10
------------------------------------------------------------------------
II. EPA's Evaluation
EPA has reviewed the Texas SIP revision for consistency with the
CAA and regulatory emission inventory requirements. In particular, EPA
has reviewed the techniques used by state of Texas to derive and
quality assure the emission estimates. EPA has also evaluated whether
Texas provided the public with the opportunity to review and comment on
the development of the emission estimates and whether Texas addressed
the public comments received. A summary of EPA's analysis is provided
below. For a full discussion for our evaluation, please see our
Technical Support Document (TSD) included in the docket to this action.
Texas documented the general procedures used to estimate the
emissions for each of the four major source types as referenced above.
The documentation of the emission estimation procedures was adequate
for us to determine that Texas followed acceptable procedures to
estimate the emissions.
Texas developed a quality assurance plan and followed this plan
during various phases of the emissions estimation and documentation
process to quality assure the emissions for completeness and accuracy.
These quality assurance procedures are summarized in the documentation
describing how the emissions totals were developed. We propose to find
that the quality assurance procedures followed by Texas are adequate
and acceptable and that Texas has developed inventories of VOC and
NOX emissions that are comprehensive and complete.
Texas notified the public of the opportunity for comment and
offered three public hearings. A full record of public notices, written
and oral comments received during the state's public comment period, as
well as states' responses to those comments are included in the state's
submittal. A copy of the Texas SIP revision submittal is available
online at www.regulations.gov, Docket number EPA-R06-OAR-2021-0177.
[[Page 16173]]
III. Proposed Action
We are proposing to approve the portion of the Texas SIP revision
submitted on June 24, 2020 to address the emissions inventory
requirements for the DFW, HGB, and Bexar counties for the 2015 ozone
NAAQS. The inventories we are proposing to approve are listed in Tables
1, 2, and 3 above. We are proposing to approve the emissions
inventories because they contain comprehensive, accurate and current
inventories of actual emissions for all relevant sources in accordance
with CAA sections 172(c)(3) and 182(a)(1) requirements and because
Texas adopted the emission inventories consistent with reasonable
public notice and opportunity for a public hearing requirements. A TSD
was prepared which details our evaluation. Our TSD may be accessed
online at www.regulations.gov, Docket No. EPA- R06-OAR-2021-0177.
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.);
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 record keeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 22, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-06300 Filed 3-25-21; 8:45 am]
BILLING CODE 6560-50-P
