[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Proposed Rules]
[Pages 1612-1614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00160]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0100; FRL-9904-97-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Reasonably Available Control Technology for the 1997 8-Hour Ozone
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Texas State Implementation Plan (SIP) for the
Houston/Galveston/Brazoria (HGB) 1997 8-Hour ozone nonattainment Area
(Area). The HGB Area consists of Brazoria, Chambers, Fort Bend,
Galveston, Harris, Liberty, Montgomery and Waller counties.
Specifically, we are proposing to approve portions of two revisions to
the Texas SIP submitted by the Texas Commission on Environmental
Quality (TCEQ) as meeting certain Reasonably Available Control
Technology (RACT) requirements for Volatile Organic Compounds (VOC) in
the HGB Area. This action is in accordance with section 110 of the
federal Clean Air Act (the Act, CAA).
DATES: Comments must be received on or before February 10, 2014.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0100, by one of the following methods:
www.regulations.gov. Follow the on-line instructions for
submitting comments.
Email: Alan Shar at [email protected].
Mail or delivery: Air Planning Section Chief (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0100. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through www.regulations.gov or email that you consider to be CBI or
otherwise protected from disclosure. The www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption, and be free
of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment with
the person listed in the FOR FURTHER INFORMATION CONTACT paragraph
below.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD-L), telephone (214)
665-2164, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Outline
I. Background
A. What actions are we proposing?
1. The June 13, 2007 submittal
2. The April 6, 2010 submittal
B. What is RACT?
II. Evaluation
A. What is TCEQ's approach and analysis to RACT?
B. What CTG source categories are we addressing in this action?
C. Are there any negative declarations associated with the VOC
source categories in the HGB Area?
D. Is Texas' approach to RACT determination based on the June
13, 2007 and April 6, 2010 submittals acceptable?
E. Is Texas' approach to RACT determination for VOC sources
based on the June 13, 2007 and April 6, 2010 submittals acceptable?
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. What actions are we proposing?
We are proposing to approve portions of revisions to the Texas SIP
submitted to EPA with two separate letters dated June 13, 2007 and
April 6, 2010 from TCEQ. These two separate submittals are described
below.
1. The June 13, 2007 Submittal
The June 13, 2007 submittal concerns revisions to 30 TAC, Chapter
115 Control of Air Pollution from Volatile Organic Compounds. In
addition, the June 13, 2007 submittal included an analysis intended to
demonstrate RACT was being implemented in the HGB Area as required by
the CAA (Appendix D of the submittal). We approved selected revisions
as meeting RACT under the 8-hour ozone NAAQS for some, but not all the
submitted industry source categories in the HGB Area on April 2, 2013
at 78 FR 19599. In today's action, we are addressing additional source
categories covered in this SIP submittal.
2. The April 6, 2010 Submittal
In conjunction with the June 13, 2007 submittal, we are also
proposing to approve a part of the April 6, 2010 revision to the Texas
SIP for VOC RACT purposes. Specifically, we are proposing to find,
based on the analysis in Appendix D of the April 6, 2010 submittal that
Texas has met certain RACT requirements under section 182(b). Appendix
D of the April 6, 2010 submittal is titled ``Reasonably Available
Control Technology Analysis.'' and includes source
[[Page 1613]]
categories affected by the newly EPA-issued CTGs. See section B for
more information on RACT evaluation for the HGB Area.
B. What is RACT?
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 44 FR 53761, September 17, 1979. Section
172(c)(1) of the Act requires that SIPs for nonattainment areas
``provide for the implementation of all reasonably available control
measures as expeditiously as practicable (including such reductions in
emissions from existing sources in the area as may be obtained through
the adoption, at a minimum, of reasonably available control technology)
and shall provide for attainment of the primary National Ambient Air
Quality (NAAQS) standards.''
Section 182(b)(2) of the Act requires states to submit a SIP
revision and implement RACT for moderate and above ozone nonattainment
areas. For a Moderate, Serious, or Severe Area a major stationary
source is one which 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 Control Techniques
Guidelines (CTG) and Alternative Control Techniques (ACT) documents.
See http://www.epa.gov/ttn/naaqs/ozone/ctg_act/index.htm (URL dating
May 23, 2012) for a listing of EPA-issued CTGs and ACTs for VOC.
The HGB Area was designated as Severe for the 1997 8-Hour ozone
NAAQS. See 73 FR 56983, October 1, 2008. Thus, per section 182(d) of
the CAA, a major stationary source in the HGB Area is one which emits,
or has the potential to emit, 25 tpy or more of VOCs or NOX.
Under sections 182(b), the SIP for the HGB Area must implement RACT for
source categories covered by CTGs, and for major sources with a
potential to emit of 25 tpy or more not covered by a CTG. The inventory
of VOC and NOX sources listed in Appendix D of the April 6,
2010 submittal demonstrates these requirements are fulfilled.
Under section 183(b), EPA is required to periodically review and,
as necessary, update CTGs. EPA issued a number of new CTGs in 2006,
2007, and 2008. Accordingly, Texas revised its Chapter 115 regulations
to address these VOC RACT control measures.
II. Evaluation
A. What is TCEQ's approach and analysis to RACT?
Under sections 182(b)(2)(A) and (B) states must insure RACT is in
place for each source category for which EPA issued a CTG, and for any
major source not covered by a CTG. As a part of its June 13, 2007
submittal, TCEQ conducted a RACT analysis to demonstrate that the RACT
requirements for CTG sources in the HGB 8-Hour ozone nonattainment Area
have been fulfilled. The TCEQ revised and supplemented this analysis in
its April 6, 2010 submittal. The TCEQ conducted its analysis by: (1)
Identifying all categories of CTG and major non-CTG sources of VOC
emissions within the HGB Area; (2) Listing the state regulation that
implements or exceeds RACT requirements for that CTG or non-CTG
category; (3) Detailing the basis for concluding that these regulations
fulfill RACT through comparison with established RACT requirements
described in the CTG guidance documents and rules developed by other
state and local agencies; and (4) Submitting negative declarations when
there are no CTG or major Non-CTG sources of VOC emissions within the
HGB Area. We are proposing that TCEQ's submittal, for affected VOC
sources in the HGB Area addressed in this notice, provide for the
implementation of all reasonably available control measures as
expeditiously as practicable and shall provide for attainment of the
primary National Ambient Air Quality (NAAQS) standards.
B. What CTG source categories are we addressing in this action?
Table 1 below contains a list of VOC CTG source categories and
their corresponding sections of 30 TAC Chapter 115 to fulfill the
applicable RACT requirements under section 182(b) of the Act.
Table 1--CTG Source Categories and Their Corresponding Texas VOC RACT Rules
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Source category in HGB Chapter 115,
Entry No. area CTG Reference document fulfilling RACT
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1.................................... Aerospace............... Control of Volatile Organic Sec. Sec.
Compound Emissions from 115.420-429.
Coating Operations at
Aerospace Manufacturing and
Rework Operations.
2.................................... Surface coating for Control of Volatile Organic Sec. Sec.
insulation of magnets. Emissions from Existing 115.420-429.
Stationary Sources--Volume
IV: Surface Coating of
Insulation of Magnet Wire.
3.................................... Surface coating of coils Surface Coating of Cans, Sec. Sec.
Coils, Paper, Fabrics, 115.420-429.
Automobiles, and Light-Duty
Trucks.
4.................................... Surface coating of Surface Coating of Cans, Sec. Sec.
fabrics. Coils, Paper, Fabrics, 115.420-429.
Automobiles, and Light-Duty
Trucks.
5.................................... Surface coating of cans. Surface Coating of Cans, Sec. Sec.
Coils, Paper, Fabrics, 115.420-429.
Automobiles, and Light-Duty
Trucks.
6.................................... Use of cutback asphalt.. Control of Volatile Organic Sec. Sec.
Emissions from Use of 115.510-519.
Cutback Asphalt.
7.................................... Wood furniture.......... Control of Volatile Organic Sec. Sec.
Compound Emissions from 115.420-429.
Wood Furniture
Manufacturing Operations.
8.................................... Large petroleum dry Control of Volatile Organic Sec. Sec.
cleaners. Compound Emissions from 115.552-559.
Large Petroleum Dry
Cleaners.
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[[Page 1614]]
C. Are there any negative declarations associated with the VOC source
categories in the HGB Area?
Yes, Texas has declared that there are no Fiberglass Boat
Manufacturing Materials Operations, Leather Tanning and Finishing
Operations, Surface Coating for Flat Wood Paneling Operations,
Automobile and Light-Duty Truck Assembly Coating Operations, and
Vegetable Oil Manufacturing Operations that are major sources in the
HGB Area. Previously, we have approved a negative declaration for the
Rubber Tire Manufacturing Operations in the HGB Area. As such, TCEQ
does not have to adopt VOC regulations relevant to these source
categories at this time for the HGB Area. However, if a major source of
these categories locates in the HGB Area in future, then TCEQ will need
to take appropriate regulatory measures.
D. Is Texas' approach to RACT determination based on the June 13, 2007
and April 6, 2010 submittals acceptable?
As a part of 1-Hour ozone attainment demonstration plan for the HGB
Area at 70 FR 58136, October 5, 2005; and 71 FR 52676, September 6,
2006, we stated that Texas has met RACT for VOC and NOX
sources. In the TSD developed for this action, we evaluated the
corresponding sections of 30 TAC Chapter 115 for the source categories
identified in Table 1 above in the HGB Area, and have reviewed these
sections against our identified reference documents. In its April 6,
2010, submittal to EPA, TCEQ states that it has reviewed the HGB VOC
rules and certifies that they satisfy RACT requirements for the 8-Hour
ozone standard by the application of control technology that is
reasonably available considering technological and economic
feasibility. In section B (Certifications) of EPA's May 18, 2006 RACT Q
and A document, the framework described in the TSD (pages 3 and 4), and
the 70 FR 71612, November 29, 2005, regarding permissible approaches
for determining whether a State's level of control meets RACT, EPA
provided guidance that a State's certification of its VOC rules is
sufficient or acceptable for a finding that the rules satisfy the RACT
requirements. We are proposing a determination that Texas VOC rules
meet the CAA's RACT requirements. Consequently, by implementing these
control requirements (Chapter 115) Texas is satisfying the RACT
requirements for CTG source categories identified in Tables 1 of this
document in the HGB Area under the 1997 8-Hour ozone standard.
E. Is Texas' approach to RACT determination for VOC sources based on
the June 13, 2007 and April 6, 2010 submittals acceptable?
Yes. The purpose of 30 TAC Chapter 115 rules for the HGB Area is to
establish reasonable controls on the emissions of ozone precursors.
Texas has reviewed its VOC rules and has certified that its rules
satisfy RACT requirements. Based upon our evaluation, we are proposing
to find that Texas has RACT-level controls in place for all required
sources for the HGB Area under the 1997 8-Hour ozone standard.
III. Proposed Action
Today, we are proposing to find that for VOC, CTG categories
identified in Table 1, Texas has RACT-level controls in place for the
HGB Area under the 1997 8-Hour ozone standard. We are also proposing to
approve the negative declarations as explained in section II(B) of this
action. The EPA had previously approved RACT for VOC and NOX
into Texas' SIP under the 1-Hour ozone standard.
IV. 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. If a portion of the plan revision meets
all the applicable requirements of this chapter and Federal
regulations, the Administrator may approve the plan revision in part.
42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve state choices that meet the criteria of the
Act, and to disapprove state choices that do not meet the criteria of
the Act. Accordingly, this proposed action approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act;
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); and
this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 18, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-00160 Filed 1-8-14; 8:45 am]
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