Air Plan Approval; Texas; Oil and Natural Gas Reasonably Available Control Technology in the Dallas-Fort Worth and Houston-Galveston-Brazoria Ozone Nonattainment Areas, 55379-55383 [2023-16640]
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The State did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 16, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(591)(ii)(B)(2),
(c)(591)(ii)(C) and (D) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(591) * * *
(ii) * * *
(B) * * *
(2) ‘‘Final Certification of
Nonattainment New Source Review and
Clean Fuels for Boilers Compliance
Demonstration for 2015 8-hour Ozone
Standard,’’ excluding the ‘‘Clean Fuels
for Boilers Compliance Demonstration,’’
adopted June 4, 2021.
(C) Ventura County Air Pollution
Control District.
(1) ‘‘Certification of the
Nonattainment New Source Review
Program Compliance Demonstration for
the 2015 Federal Ozone Standard,’’
adopted June 8, 2021.
(2) [Reserved]
(D) Imperial County Air Pollution
Control District.
(1) ‘‘The Certification of the
Nonattainment New Source Review
Permit Program for Imperial County
Applicable to the 2015 Ozone National
Ambient Air Quality Standard,’’
adopted June 22, 2021.
(2) [Reserved]
*
*
*
*
*
[FR Doc. 2023–17363 Filed 8–14–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0525; FRL–10583–
02–R6]
Air Plan Approval; Texas; Oil and
Natural Gas Reasonably Available
Control Technology in the Dallas-Fort
Worth and Houston-GalvestonBrazoria Ozone Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
17:10 Aug 14, 2023
1. The authority citation for part 52
continues to read as follows:
■
AGENCY:
Dated: August 8, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
VerDate Sep<11>2014
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
SUMMARY:
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55379
is approving the July 20, 2021, revisions
to the Texas State Implementation Plan
(SIP) concerning Reasonably Available
Control Technology (RACT)
requirements for sources covered by the
2016 Oil and Natural Gas Control
Techniques Guidelines (CTG or CTGs)
for the Dallas-Fort Worth (DFW) and the
Houston-Galveston-Brazoria (HGB)
nonattainment areas (NAAs) for the
2008 8-hour ozone National Air Quality
Ambient Air Quality Standards
(NAAQS).
DATES: This rule is effective on
September 14, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R06–OAR–2021–0525. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet. Publicly
available docket materials are available
electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Anupa Ahuja, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–2701, ahuja.anupa@epa.gov. Please
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
The background for this action is
discussed in detail in our February 17,
2023 proposal (88 FR 10253). In that
document, we proposed to approve
Texas’ July 20, 2021 SIP submittal,
which includes revisions to the Texas
SIP concerning the DFW and HGB 2008
8-hour ozone NAAQS NAAs, as meeting
the RACT requirements for sources
covered by the Oil and Gas CTG.1 The
DFW area consists of Collin, Dallas,
Denton, Ellis, Johnson, Kaufman,
Parker, Rockwall, Tarrant, and Wise
Counties. The HGB area consists of
Brazoria, Chambers, Fort Bend,
Galveston, Harris, Liberty, Montgomery,
and Waller Counties. These areas were
both reclassified as Serious
nonattainment for the 2008 ozone
NAAQS on August 23, 2019. The
revisions are to Title 30 of the Texas
Administrative Code (TAC) Chapter
115. The revisions create new RACT
rules for oil and gas production and
1 https://www3.epa.gov/airquality/ctg_act/2016ctg-oil-and-gas.pdf.
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natural gas processing in the DFW and
HGB NAAs in Subchapter B in a new
Division 7. EPA is also approving
additional revisions to 30 TAC Chapter
115 which are non-substantive changes
to Subchapters B, Divisions 1 and 2 and
Subchapter D, Division 3 to reflect the
change in the Chapter 115 rule
applicability for the types of equipment
currently required to comply with
existing rule requirements but that
would be subject to the Subchapter B,
new Division 7 rule requirements upon
the compliance date. The proposed
approval was based on our review of 30
TAC Chapter 115 Subchapter B, Divison
7 rules for consistency with EPA’s
definition of RACT. The details of EPA’s
review can be found in the technical
support document (TSD) associated
with the proposal.2 We also proposed
approving the new codification of
changes to consolidate the rule
requirements into a new section based
on our determination that these changes
were non-substantive and do not alter
any existing rule requirement.
We received comments on our
proposal from several commenters. Our
response to comments follows.
II. Response to Comments
Comment: One commenter stated that
the oil and natural gas industries should
be made to drastically reduce volatile
organic compound (VOC) emissions for
the safety of human health and the
environment, especially in
nonattainment areas. They encouraged
the EPA to continue to push for the
elimination of VOCs and suggested the
implementation of taxes or penalties,
and replacing natural gas and oil with
eco-friendly technologies.
Response: We generally agree that the
effects of excessive VOC emissions on
human health and the environment are
negative. The EPA uses both
‘‘traditional’’ regulatory approaches and
economic incentive approaches in
implementing its mandates under the
CAA. The 2016 oil and natural gas CTG
at issue in this action is one of the tools
under the CAA to reduce VOC
emissions from certain sources. The
approval of the revisions to 30 Texas
Administrative Code (TAC) Chapter 115
in this action will reduce VOC
emissions from oil and gas sources in
the DFW and the HGB 2008 ozone
nonattainment areas. This will in turn
help to reduce the adverse impacts of
these pollutants on public health and
welfare. With respect to implementing
penalty fees, the state of Texas and EPA
both have the authority to bring
2 https://www.regulations.gov/document/EPAR06-OAR-2021-0525-0002.
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enforcement actions against sources for
violations of federally approved SIPs,
including 30 TAC Chapter 115 rules.
However, the other issues raised by the
commenter (elimination of VOCs,
taxing, and eco-friendly technologies to
replace natural gas and oil) are outside
the scope of this action. This action is
limited to the approval of the revisions
to the 30 TAC Chapter 115, Subchapter
B, Divisions 1, 2, 3, and 7 to address a
VOC RACT requirement related to
emissions from oil and gas sources in
the DFW and HGB nonattainment areas.
Comment: Two commenters stated
that further regulatory standards should
be implemented to control sources of
VOCs and nitrogen oxides (NOX),
precursors of ground level ozone. They
further stated that revised and updated
SIPs should be approved to reduce
emissions and to further the ability to
enforce compliance with emissions
limits. One commenter agrees that this
action will not only improve the
monitoring of these harmful pollutants
but will also strengthen the regulatory
enforcement and compliance of
emissions limits as well as ensure
efficiency of industry equipment.
Response: These comments appear to
support approval of the revisions to 30
TAC Chapter 115 that will reduce
emissions of VOCs from oil and natural
gas sources in the DFW and HGB
nonattainment areas. As stated in our
proposal, ground-level ozone, or smog,
is formed when VOCs and NOX
emissions interact in the presence of
sunlight. Automobiles, power plants,
and refineries are some of the major
sources of these ozone precursors.
Ozone is one of the six criteria
pollutants identified in the CAA.
Accordingly, the CAA requires the EPA
to periodically review and update the
NAAQS to ensure that it provides
adequate health and environmental
protection. When the EPA establishes or
revises a NAAQS, it is required to
designate areas of the country as
meeting or not meeting the standard.
For areas that do not meet the standard,
the Act provides emissions control
requirements based on the extent of the
ozone problem in the area. Section 182
of the CAA provides the specific
attainment planning and additional
requirements that apply to each ozone
nonattainment area based on its
classification. RACT for CTG-covered
sources is one of the tools required by
the CAA to reduce the emission of
ozone precursors thereby reducing the
formation of ground-level ozone.
Under the CAA, states have the
primary responsibility to ensure the air
quality within their geographic area is
in compliance with the NAAQS. Each
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state must therefore develop and adopt
their SIP as state law. The SIP is then
submitted to the EPA for review. If the
EPA approves the SIP, those control
measures become federally enforceable.
Therefore, the state of Texas and the
EPA both have authority to bring
enforcement actions for violations of the
federally approved 30 TAC Chapter 115
rules.
Comment: One commenter stated that
SIPs should gain the power to penalize
states that do not follow this act and
that EPA should make more regulations
to keep the planet clean and healthy.
Response: We understand the
commenter’s concern to be that SIPs
should be enforceable, and that EPA
should penalize states for not following
the Clean Air Act. First, the state of
Texas and the EPA both have authority
to bring enforcement actions against
sources for violations of federally
approved SIPs. Members of the public
can also file citizen suits under the CAA
to address violations of SIPs. Second,
the CAA includes certain negative
consequences should a state fail to
submit all or a portion of a SIP as
required by the CAA, or where the EPA
disapproves a SIP as not meeting the
CAA requirements. In those situations,
the EPA is required to develop a federal
implementation plan (FIP) for the state
unless the state addresses the deficiency
appropriately. See CAA Section 110(c).
Sanctions may also be imposed on the
state in those situations. See CAA
Section 179. For more details on Air
Quality Implementation Plans please
visit https://www.epa.gov/air-qualityimplementation-plans.
III. Final Action
We are approving the revisions to the
30 TAC Chapter 115, Subchapter B,
Divisions 1, 2, 3, and 7 as meeting
RACT to address VOC emissions from
oil and gas sources in the DFW and HGB
nonattainment areas submitted to the
EPA on July 20, 2021, for inclusion into
the Texas SIP. This action is being taken
under Section 110 of the Act.
In this action, the EPA is approving
the following revisions to the Texas SIP
adopted on June 20, 2021, and
submitted to the EPA on December 17,
2021:
• Revisions to 30 TAC Chapter 115,
Sections 115.111, 115.112, 115.119, and
115.121,
• Adoption of Division 7: Oil and
Natural Gas in Ozone Nonattainment
• Areas and 30 TAC Sections 115.170
through 115.181 and 115.183, and
Revisions to 30 TAC Section 115.357.
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IV. Environmental Justice
Considerations
incorporated by reference in the next
update to the SIP compilation.
EPA reviewed demographic data,
which provides an assessment of
individual demographic groups of the
populations living within the DFW and
HGB 2008 ozone NAAs. EPA then
compared the data to the national
average, for each of the demographic
groups. The results of this analysis are
included in the docket for this action
and are provided for informational and
transparency purposes. The results of
the demographic analysis indicate that
communities in close proximity to
industrial sources may be subject to
disproportionate environmental impacts
of air pollution.
This final action approves revisions to
the Texas SIP to reduce VOC emissions
from oil and natural gas sources in the
DFW and HGB 2008 ozone NAAs. We
expect that this action and resulting
emissions reductions will generally be
neutral or contribute to reduced
environmental and health impacts on all
populations in the DFW and HGB 2008
ozone NAAs, including people of color
and low-income populations. At a
minimum, this action would not worsen
any existing air quality and is expected
to ensure the area is meeting
requirements to attain and/or maintain
air quality standards. Further, there is
no information in the record indicating
that this action is expected to have
disproportionately high or adverse
human health or environmental effects
on a particular group of people.
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air
Act. 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 14094 (88 FR
21879, April 11, 2023);
• 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, 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• 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 Clean Air Act.
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
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V. Incorporation by Reference
In this action, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the
incorporation by reference of Texas’
revisions to 30 TAC Chapter 115,
Subchapter B, Divisions 1, 2, 3, and 7
as meeting RACT to address VOC
emissions from oil and gas sources in
the DFW and HGB nonattainment areas
as described in the Final Action section
above. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
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55381
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its SIP submittal even though the
CAA and applicable implementing
regulations neither prohibit nor require
an evaluation. EPA performed an
environmental justice analysis, as is
described above in the section titled,
‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. In addition, there is no information
in the record upon which this decision
is based that is inconsistent with the
stated goal of E.O. 12898 of achieving
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
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).
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 16, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
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of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Subpart SS—Texas
2. In § 52.2270 (c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’, under the heading ‘‘Chapter
115 (Reg 5)—Control of Air Pollution
from Volatile Organic Compounds’’, is
amended by:
(a) Under the subheading ‘‘Subchapter
B: General Volatile Organic Compound
Sources’’,
(i) Revising the entries for sections
115.111, 115.112, 115.119, and 115.121;
and
■
Dated: July 31, 2023.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
(ii) Adding ‘‘Division 7: Oil and
Natural Gas in Ozone Nonattainment
Areas’’ consisting of sections 115.170
through 115.181 and 115.183,
immediately following the entry for
section 115.169; and
(b) Under the subheadings
‘‘Subchapter D—Petroleum Refining,
Natural Gas Processing, and
Petrochemical Processes’’ and ‘‘Division
3: Fugitive Emission Control in
Petroleum Refining, Natural Gas/
Gasoline Processing, and Petrochemical
Processes in Ozone Nonattainment
Areas’’, revising the entry for section
115.357.
The revisions and addition read as
follows:
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
State
approval/
submittal
date
Title/subject
*
*
*
EPA approval date
*
*
Explanation
*
Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds
*
*
*
*
*
*
*
Subchapter B: General Volatile Organic Compound Sources
*
Section 115.111 .............
*
*
Exemptions ...............................................
Section 115.112 .............
Control Requirements ..............................
*
Section 115.119 .............
*
*
Compliance Schedules ............................
*
*
Section 115.121 .............
*
*
Emissions Specifications ..........................
*
*
*
*
*
7/20/2021
7/20/2021
7/20/2021
7/20/2021
*
*
*
8/15/2023, [Insert Federal Register citation].
8/15/2023, [Insert Federal Register citation].
*
*
*
...................................................................
*
*
*
8/15/2023, [Insert Federal Register citation].
*
*
*
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Division 7: Oil and Natural Gas in Ozone Nonattainment Areas
Section 115.170 .............
Applicability ..............................................
7/20/2021
Section 115.171 .............
Definitions .................................................
7/20/2021
Section 115.172 .............
Exemptions ...............................................
7/20/2021
Section 115.173 .............
Compressor Control Requirements .........
7/20/2021
Section 115.174 .............
7/20/2021
Section 115.175 .............
Pneumatic Controller and Pump Control
Requirements.
Storage Tank Control Requirements .......
Section 115.176 .............
Alternative Control Requirements ............
7/20/2021
Section 115.177 .............
Fugitive Emission Component Monitoring
Requirements.
7/20/2021
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
submittal
date
State citation
Title/subject
Section 115.178 .............
Monitoring and Inspection Requirements
7/20/2021
Section 115.179 .............
7/20/2021
Section 115.180 .............
Approved Test Methods and Testing Requirements.
Recordkeeping Requirements ..................
Section 115.181 .............
Reporting Requirements ..........................
7/20/2021
Section 115.183 .............
Compliance Schedules ............................
7/20/2021
*
*
*
7/20/2021
*
EPA approval date
8/15/2023,
tion].
8/15/2023,
tion].
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tion].
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tion].
Explanation
[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita[Insert Federal Register cita-
*
*
*
Subchapter D—Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
*
*
*
*
*
*
*
Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone
Nonattainment Areas
Section 115.357 .............
*
Exemptions ...............................................
*
*
[FR Doc. 2023–16640 Filed 8–14–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0555; FRL–11148–
02–R5]
Air Plan Approval; Illinois; Base Year
Emissions Inventory for the 2015
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), revisions to the
State Implementation Plan (SIP)
submitted by the Illinois Environmental
Protection Agency (Illinois EPA) on
October 22, 2020, and February 14,
2023. The revisions address the
emissions inventory requirements for
the Chicago and Metro-East
nonattainment areas under the 2015
ozone National Ambient Air Quality
Standard (NAAQS or standard). The
Chicago nonattainment area includes
Cook, DuPage, Grundy (Aux Sable and
Goose Lake Townships), Kane, Kendall
(Oswego Township), Lake, McHenry,
and Will counties. The Metro-East
nonattainment area includes Madison,
Monroe, and St. Clair counties. The
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:10 Aug 14, 2023
Jkt 259001
7/20/2021
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8/15/2023, [Insert Federal Register citation].
*
CAA requires emissions inventories for
all ozone nonattainment areas.
DATES: This direct final rule will be
effective October 16, 2023, unless EPA
receives adverse comments by
September 14, 2023. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0555 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
PO 00000
Frm 00039
Fmt 4700
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*
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Emily Crispell, Environmental Scientist,
Control Strategies Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8512, crispell.emily@
epa.gov. The EPA Region 5 office is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays and facility closures
due to COVID–19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. The 2015 Ozone NAAQS Emissions
Inventory Rule Requirements
On December 28, 2015, EPA
promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million
(ppm). See 80 FR 65292. Portions of the
Chicago area and the Metro-East area
were designated as marginal
nonattainment areas for the 2015 ozone
NAAQS. See 83 FR 25776 (August 3,
2018). The Chicago and Metro-East areas
have since been reclassified as moderate
E:\FR\FM\15AUR1.SGM
15AUR1
]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55379-55383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16640]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0525; FRL-10583-02-R6]
Air Plan Approval; Texas; Oil and Natural Gas Reasonably
Available Control Technology in the Dallas-Fort Worth and Houston-
Galveston-Brazoria Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the July 20, 2021,
revisions to the Texas State Implementation Plan (SIP) concerning
Reasonably Available Control Technology (RACT) requirements for sources
covered by the 2016 Oil and Natural Gas Control Techniques Guidelines
(CTG or CTGs) for the Dallas-Fort Worth (DFW) and the Houston-
Galveston-Brazoria (HGB) nonattainment areas (NAAs) for the 2008 8-hour
ozone National Air Quality Ambient Air Quality Standards (NAAQS).
DATES: This rule is effective on September 14, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R06-OAR-2021-0525. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet. Publicly available docket materials are
available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Anupa Ahuja, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-2701, [email protected].
Please 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
The background for this action is discussed in detail in our
February 17, 2023 proposal (88 FR 10253). In that document, we proposed
to approve Texas' July 20, 2021 SIP submittal, which includes revisions
to the Texas SIP concerning the DFW and HGB 2008 8-hour ozone NAAQS
NAAs, as meeting the RACT requirements for sources covered by the Oil
and Gas CTG.\1\ The DFW area consists of Collin, Dallas, Denton, Ellis,
Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise Counties. The HGB
area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris,
Liberty, Montgomery, and Waller Counties. These areas were both
reclassified as Serious nonattainment for the 2008 ozone NAAQS on
August 23, 2019. The revisions are to Title 30 of the Texas
Administrative Code (TAC) Chapter 115. The revisions create new RACT
rules for oil and gas production and
[[Page 55380]]
natural gas processing in the DFW and HGB NAAs in Subchapter B in a new
Division 7. EPA is also approving additional revisions to 30 TAC
Chapter 115 which are non-substantive changes to Subchapters B,
Divisions 1 and 2 and Subchapter D, Division 3 to reflect the change in
the Chapter 115 rule applicability for the types of equipment currently
required to comply with existing rule requirements but that would be
subject to the Subchapter B, new Division 7 rule requirements upon the
compliance date. The proposed approval was based on our review of 30
TAC Chapter 115 Subchapter B, Divison 7 rules for consistency with
EPA's definition of RACT. The details of EPA's review can be found in
the technical support document (TSD) associated with the proposal.\2\
We also proposed approving the new codification of changes to
consolidate the rule requirements into a new section based on our
determination that these changes were non-substantive and do not alter
any existing rule requirement.
---------------------------------------------------------------------------
\1\ https://www3.epa.gov/airquality/ctg_act/2016-ctg-oil-and-gas.pdf.
\2\ https://www.regulations.gov/document/EPA-R06-OAR-2021-0525-0002.
---------------------------------------------------------------------------
We received comments on our proposal from several commenters. Our
response to comments follows.
II. Response to Comments
Comment: One commenter stated that the oil and natural gas
industries should be made to drastically reduce volatile organic
compound (VOC) emissions for the safety of human health and the
environment, especially in nonattainment areas. They encouraged the EPA
to continue to push for the elimination of VOCs and suggested the
implementation of taxes or penalties, and replacing natural gas and oil
with eco-friendly technologies.
Response: We generally agree that the effects of excessive VOC
emissions on human health and the environment are negative. The EPA
uses both ``traditional'' regulatory approaches and economic incentive
approaches in implementing its mandates under the CAA. The 2016 oil and
natural gas CTG at issue in this action is one of the tools under the
CAA to reduce VOC emissions from certain sources. The approval of the
revisions to 30 Texas Administrative Code (TAC) Chapter 115 in this
action will reduce VOC emissions from oil and gas sources in the DFW
and the HGB 2008 ozone nonattainment areas. This will in turn help to
reduce the adverse impacts of these pollutants on public health and
welfare. With respect to implementing penalty fees, the state of Texas
and EPA both have the authority to bring enforcement actions against
sources for violations of federally approved SIPs, including 30 TAC
Chapter 115 rules. However, the other issues raised by the commenter
(elimination of VOCs, taxing, and eco-friendly technologies to replace
natural gas and oil) are outside the scope of this action. This action
is limited to the approval of the revisions to the 30 TAC Chapter 115,
Subchapter B, Divisions 1, 2, 3, and 7 to address a VOC RACT
requirement related to emissions from oil and gas sources in the DFW
and HGB nonattainment areas.
Comment: Two commenters stated that further regulatory standards
should be implemented to control sources of VOCs and nitrogen oxides
(NOX), precursors of ground level ozone. They further stated
that revised and updated SIPs should be approved to reduce emissions
and to further the ability to enforce compliance with emissions limits.
One commenter agrees that this action will not only improve the
monitoring of these harmful pollutants but will also strengthen the
regulatory enforcement and compliance of emissions limits as well as
ensure efficiency of industry equipment.
Response: These comments appear to support approval of the
revisions to 30 TAC Chapter 115 that will reduce emissions of VOCs from
oil and natural gas sources in the DFW and HGB nonattainment areas. As
stated in our proposal, ground-level ozone, or smog, is formed when
VOCs and NOX emissions interact in the presence of sunlight.
Automobiles, power plants, and refineries are some of the major sources
of these ozone precursors.
Ozone is one of the six criteria pollutants identified in the CAA.
Accordingly, the CAA requires the EPA to periodically review and update
the NAAQS to ensure that it provides adequate health and environmental
protection. When the EPA establishes or revises a NAAQS, it is required
to designate areas of the country as meeting or not meeting the
standard. For areas that do not meet the standard, the Act provides
emissions control requirements based on the extent of the ozone problem
in the area. Section 182 of the CAA provides the specific attainment
planning and additional requirements that apply to each ozone
nonattainment area based on its classification. RACT for CTG-covered
sources is one of the tools required by the CAA to reduce the emission
of ozone precursors thereby reducing the formation of ground-level
ozone.
Under the CAA, states have the primary responsibility to ensure the
air quality within their geographic area is in compliance with the
NAAQS. Each state must therefore develop and adopt their SIP as state
law. The SIP is then submitted to the EPA for review. If the EPA
approves the SIP, those control measures become federally enforceable.
Therefore, the state of Texas and the EPA both have authority to bring
enforcement actions for violations of the federally approved 30 TAC
Chapter 115 rules.
Comment: One commenter stated that SIPs should gain the power to
penalize states that do not follow this act and that EPA should make
more regulations to keep the planet clean and healthy.
Response: We understand the commenter's concern to be that SIPs
should be enforceable, and that EPA should penalize states for not
following the Clean Air Act. First, the state of Texas and the EPA both
have authority to bring enforcement actions against sources for
violations of federally approved SIPs. Members of the public can also
file citizen suits under the CAA to address violations of SIPs. Second,
the CAA includes certain negative consequences should a state fail to
submit all or a portion of a SIP as required by the CAA, or where the
EPA disapproves a SIP as not meeting the CAA requirements. In those
situations, the EPA is required to develop a federal implementation
plan (FIP) for the state unless the state addresses the deficiency
appropriately. See CAA Section 110(c). Sanctions may also be imposed on
the state in those situations. See CAA Section 179. For more details on
Air Quality Implementation Plans please visit https://www.epa.gov/air-quality-implementation-plans.
III. Final Action
We are approving the revisions to the 30 TAC Chapter 115,
Subchapter B, Divisions 1, 2, 3, and 7 as meeting RACT to address VOC
emissions from oil and gas sources in the DFW and HGB nonattainment
areas submitted to the EPA on July 20, 2021, for inclusion into the
Texas SIP. This action is being taken under Section 110 of the Act.
In this action, the EPA is approving the following revisions to the
Texas SIP adopted on June 20, 2021, and submitted to the EPA on
December 17, 2021:
Revisions to 30 TAC Chapter 115, Sections 115.111,
115.112, 115.119, and 115.121,
Adoption of Division 7: Oil and Natural Gas in Ozone
Nonattainment
Areas and 30 TAC Sections 115.170 through 115.181 and
115.183, and
Revisions to 30 TAC Section 115.357.
[[Page 55381]]
IV. Environmental Justice Considerations
EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within the DFW
and HGB 2008 ozone NAAs. EPA then compared the data to the national
average, for each of the demographic groups. The results of this
analysis are included in the docket for this action and are provided
for informational and transparency purposes. The results of the
demographic analysis indicate that communities in close proximity to
industrial sources may be subject to disproportionate environmental
impacts of air pollution.
This final action approves revisions to the Texas SIP to reduce VOC
emissions from oil and natural gas sources in the DFW and HGB 2008
ozone NAAs. We expect that this action and resulting emissions
reductions will generally be neutral or contribute to reduced
environmental and health impacts on all populations in the DFW and HGB
2008 ozone NAAs, including people of color and low-income populations.
At a minimum, this action would not worsen any existing air quality and
is expected to ensure the area is meeting requirements to attain and/or
maintain air quality standards. Further, there is no information in the
record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people.
V. Incorporation by Reference
In this action, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of
Texas' revisions to 30 TAC Chapter 115, Subchapter B, Divisions 1, 2,
3, and 7 as meeting RACT to address VOC emissions from oil and gas
sources in the DFW and HGB nonattainment areas as described in the
Final Action section above. The EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 14094 (88 FR 21879, April 11,
2023);
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, 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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 Clean Air Act.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal even though the CAA and
applicable implementing regulations neither prohibit nor require an
evaluation. EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. In addition, there is
no information in the record upon which this decision is based that is
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 16, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
[[Page 55382]]
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).
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.
Dated: July 31, 2023.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270 (c), the table titled ``EPA Approved Regulations in
the Texas SIP'', under the heading ``Chapter 115 (Reg 5)--Control of
Air Pollution from Volatile Organic Compounds'', is amended by:
(a) Under the subheading ``Subchapter B: General Volatile Organic
Compound Sources'',
(i) Revising the entries for sections 115.111, 115.112, 115.119,
and 115.121; and
(ii) Adding ``Division 7: Oil and Natural Gas in Ozone
Nonattainment Areas'' consisting of sections 115.170 through 115.181
and 115.183, immediately following the entry for section 115.169; and
(b) Under the subheadings ``Subchapter D--Petroleum Refining,
Natural Gas Processing, and Petrochemical Processes'' and ``Division 3:
Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline
Processing, and Petrochemical Processes in Ozone Nonattainment Areas'',
revising the entry for section 115.357.
The revisions and addition read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter B: General Volatile Organic Compound Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 115.111.................. Exemptions......... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.112.................. Control 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
* * * * * * *
Section 115.119.................. Compliance 7/20/2021 ................... ......................
Schedules.
* * * * * * *
Section 115.121.................. Emissions 7/20/2021 8/15/2023, [Insert ......................
Specifications. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 7: Oil and Natural Gas in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.170.................. Applicability...... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.171.................. Definitions........ 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.172.................. Exemptions......... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.173.................. Compressor Control 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.174.................. Pneumatic 7/20/2021 8/15/2023, [Insert ......................
Controller and Federal Register
Pump Control citation].
Requirements.
Section 115.175.................. Storage Tank 7/20/2021 8/15/2023, [Insert ......................
Control Federal Register
Requirements. citation].
Section 115.176.................. Alternative Control 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.177.................. Fugitive Emission 7/20/2021 8/15/2023, [Insert ......................
Component Federal Register
Monitoring citation].
Requirements.
[[Page 55383]]
Section 115.178.................. Monitoring and 7/20/2021 8/15/2023, [Insert ......................
Inspection Federal Register
Requirements. citation].
Section 115.179.................. Approved Test 7/20/2021 8/15/2023, [Insert ......................
Methods and Federal Register
Testing citation].
Requirements.
Section 115.180.................. Recordkeeping 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.181.................. Reporting 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.183.................. Compliance 7/20/2021 8/15/2023, [Insert ......................
Schedules. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.357.................. Exemptions......... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-16640 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P
