[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Proposed Rules]
[Pages 29726-29729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12024]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0400; FRL-9911-40-Region 6]
Approval and Promulgation of Implementation Plans; Texas; Control
of Air Pollution From Nitrogen Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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[[Page 29727]]
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Texas State Implementation Plan (SIP)
submitted by the Texas Commission on Environmental Quality (TCEQ) for
Control of Air Pollution from Nitrogen Compounds. Specifically, three
separate revisions were submitted to EPA with letters dated April 13,
2012, May 8, 2013, and May 14, 2013, respectively. We are proposing to
approve these three submittals in accordance with the federal Clean Air
Act (the Act, CAA).
DATES: Comments must be received on or before June 23, 2014.
ADDRESSES: Submit your comments identified by Docket No. EPA-R06-OAR-
2013-0400 by one of the following methods:
www.regulations.gov. Follow the on-line instructions.
Email: Mr. 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-
2013-0400. 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, if you believe that it is CBI or
otherwise protected from disclosure. The www.regulations.gov Web site
is an ``anonymous access'' system, which means that 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 along with
any disk or CD-ROM submitted. 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 should be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at 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 75202-2733. 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), Air Planning
Section, (214) 665-6691, [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 April 13, 2012 Submittal
2. The May 8, 2013 Submittal
3. The May 14, 2013 Submittal
II. Evaluation
A. What is our evaluation of the April 13, 2012, submittal?
B. What is our evaluation of the May 8, 2013, submittal?
C. What is our evaluation of the May 14, 2013, submittal?
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. What actions are we proposing?
We are proposing to approve three separate revisions to the Texas
SIP submitted to EPA for review and evaluation with three letters dated
April 13, 2012, May 8, 2013, and May 14, 2013, from the TCEQ. These
three separate submittals are described below.
1. The April 13, 2012 Submittal
In a letter dated October 25, 2010, EPA requested that the TCEQ
withdraw and revise its System Cap Trading (SCT) rules under 30 TAC
Chapter 101 from SIP consideration. The EPA proposed disapproval of the
TCEQ's SCT program on November 18, 2010, (75 FR 70654); and
consequently, the TCEQ repealed and withdrew its SCT program rules from
EPA's consideration as a SIP revision. Because of the TCEQ's repeal and
withdrawal of the SCT program rule from the Texas SIP, on April 8,
2011, (76 FR 19739) EPA withdrew its proposed disapproval of the Texas
SCT program rules. The 30 TAC Chapter 117 rules of NOX
cross-reference the SCT program rules of 30 TAC Chapter 101. Given the
cross-reference linkage between the two rules, later, on April 13,
2012, the TCEQ submitted revisions to the 30 TAC Chapter 117 rule to
EPA for review and evaluation.
The revisions to 30 TAC Chapter 117 remove references to the term
``system cap trading'' for utility electric generation sources
operating in major ozone nonattainment areas and the East and Central
Texas Counties. The revisions concern sections 117.1020, 117.1120,
117.1220, 117.3020, and 117.9800. The State's adopted rule was
published on April 13, 2012, at 37 Texas Register 2655.
The intended effect of this removal is that the April 13, 2012,
revisions to 30 TAC Chapter 117 and their corresponding provisions of
30 TAC Chapter 101 will become consistent. See section 1 of the
Technical Support Document (TSD) prepared in conjunction with this
rulemaking action for more information.
2. The May 8, 2013 Submittal
With a letter dated May 8, 2013, the TCEQ submitted revisions to
the 30 TAC Chapter 117, Subchapter D, Division 2, Dallas Fort Worth
(DFW) Eight-Hour Ozone Nonattainment Area, Minor Sources. The revisions
specifically concern sections 117.2103, 117.2130, 117.2135, and
117.2145. Halliburton Energy Services, Inc., located in Carrollton,
Texas 75006 petitioned the TCEQ to be allowed an additional exemption
in the rules in 30 TAC Chapter 117, Subchapter D, Division 2 that limit
NOX emissions from minor sources in the DFW 8-Hour ozone
nonattainment area. The TCEQ approved the petition, and initiated the
rulemaking process. The State's adopted rule was published on April 26,
2013, at 38 Texas Register 2634. See section 2 of the TSD for more
information. On May 8, 2013, the TCEQ submitted their adopted rule
revisions to EPA, requesting EPA's evaluation and approval.
3. The May 14, 2013 Submittal
With a letter dated May 14, 2013, the TCEQ submitted revisions to
the 30 TAC Chapter 117 to update references to Electric Reliability
Council of Texas, Incorporated (ERCOT) protocols and reflect changes to
ERCOT's new Emergency Service Response (ERS) program. The ERCOT manages
the electrical grid within the ERCOT region of Texas, with oversight by
the Public Utility Commission of Texas.
[[Page 29728]]
Specifically, the May 14, 2013, submittal concerns revisions to the
definition of emergency situation in section 117.10 Definitions. The
State's adopted rule was published on April 26, 2013, at 38 Texas
Register 2623. See section 3 of the TSD for more information. On May
14, 2013, the TCEQ submitted their adopted rule revisions to EPA,
requesting EPA's evaluation and approval.
II. Evaluation
Our evaluation of these three submittals is as follows:
A. What is our evaluation of the April 13, 2012, submittal?
The SCT program was created to provide additional flexibility to
facilities subject to emission limits specified in 30 TAC Chapter 117.
Through use of emission credits generated from each affected source one
could determine the compliance of these sources with their applicable
NOX control requirements. See section 117.9800.
The TCEQ later repealed and withdrew its SCT program rules from 30
TAC Chapter 101. The April 13, 2012, revisions to Chapter 117 remove
references to SCT from sections 117.1020, 117.1120, 117.1220, 117.3020,
and 117.9800. The removal of references to SCT from Chapter 117 rules
will make both the trading rules of Chapter 101 and the NOX
control rules of Chapter 117 consistent, and will clarify the available
compliance options for electric generating units in Texas. See EPA's
November 1, 2011, letter to the TCEQ. The revision is administrative in
nature. Therefore, we are proposing to approve the April 13, 2012,
revisions to Chapter 117 into the Texas SIP.
B. What is our evaluation of the May 8, 2013, submittal?
In response to a petition from Haliburton, the TCEQ adopted a
revision to their SIP that exempts stationary diesel engines that are
used exclusively for product testing and personnel training, operate
less than 1,000 hours per year on a rolling 12-month basis, and meet
applicable EPA's Tier emission standards for non-road engines listed in
40 CFR 89.112(a), Table 1 (October 23, 1998) in effect at the time of
installation, modification, reconstruction, or relocation. In addition,
they have included monitoring and recordkeeping requirements for
demonstrating compliance. We have included a section by section review
of the affected provisions of Chapter 117 (sections 117.2103, 117.2130,
117.2135, 117.2145) of the May 8, 2013, submittal in the TSD. See
section 2, and Appendix A of the TSD.
Halliburton operates a stationary, reciprocating internal
combustion engine (the drawworks engine) for the purposes of employee
training and product testing at its Carrollton, Texas Plant. The
drawworks engine is used for lifting and lowering casing into the test
well at this plant. The test well is used solely for purposes of
employee training and down-hole product testing, and is not associated
with the actual oil or gas production operations. Engines used to raise
and lower down-hole equipment in actual oil and gas operations in the
field, which the drawworks engine is designed to simulate, are
typically not subject to similar Chapter 117 testing requirements
because they are not installed at one location long enough to trigger
the definition of a stationary internal combustion engine in section
117.10. According to the records, the drawworks engine was installed in
2010, and the emissions testing results are compliant with the federal
Tier 3 emission standards for non-road engines listed in 40 CFR
89.112(a), Table 1.
According to section 110(l) of the Act, each revision to an
implementation plan submitted by a State under this chapter shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress, or any other applicable requirement of
this chapter. The TCEQ submitted a 110(l) analysis and additional
information as a part of the May 8, 2013, submittal. Also, see the
April 26, 2013, issue of Texas Register at 38 TexReg 2634.
As a part of this analysis we are considering the following
factors: (a) The engine has been shown to meet the Tier 3 emission
standards for non-road engines listed in 40 CFR 89.112(a), Table 1; (b)
NOX emissions reductions from the engine were not relied
upon in the DFW attainment demonstration SIP revision for creditable
reductions; (c) this unit operates less than 1,000 hours per year; (d)
actual NOX emissions from the engine is calculated to be
0.87 tons per year (tpy) which is substantially below the 50 tpy
threshold; (e) the engine is dedicated exclusively to employee training
and product testing activities, and is not used for the actual oil and
gas production operations; (f) section 117.2135(e) states that engine's
operating time must be monitored with a non-resettable elapsed run time
meter to demonstrate compliance with the operating restrictions in
117.2103(10); and (g) section 117.2145(b) requires that the records be
maintained for at least five years and must be made available upon
request to the State, EPA, or any local air pollution control agency
having jurisdiction. Furthermore, the adopted exemption is narrow in
scope and consistent with the similar existing exemptions for
stationary diesel engines located at minor sources, such as stationary
engines used in research and testing and stationary engines used for
purposes of performance verification and testing. See sections
117.2003(a)(2)(B) and 117.2003(a)(2)(C). Therefore, we are proposing to
agree with the TCEQ's explanation and the reasons as to why expansion
of this partial exemption, in itself, does not adversely impact the
status of the Texas' progress towards attainment of the 1997 eight-hour
ozone standard, will not interfere with control measures, and will not
prevent reasonable further progress toward attainment of the ozone
standard. For these reasons, we find their 110(l) analysis adequate for
the purpose of evaluation of the proposed revisions to 30 TAC Chapter
117. Therefore, we are proposing to approve the May 8, 2013, revisions
to Chapter 117 into Texas SIP.
C. What is our evaluation of the May 14, 2013, submittal?
The May 14, 2013, revisions to the 30 TAC Chapter 117 update
references to ERCOT's definition of ``emergency situation'' and its new
ERS program that replaced the former Emergency Interruptible Load
Service Program. The changes made by ERCOT are intended to promote
electric power reliability during energy emergencies by allowing
operation of generators for the purpose of selling power to the
electric grid under limited circumstances. The revision to the
definition of ``emergency situation'' in section 117.10(15) will make
the 30 TAC Chapter 117 definitions of ``emergency situation''
consistent with the ERCOT's Nodal Protocols Section 2 (Definitions and
Acronyms) of June 1, 2012. The adopted amendment does not increase the
number of sources that could qualify for exemption under the Chapter
117 rules, or increase the frequency or duration of the operation
during an emergency situation as compared to the approved SIP.
Therefore, the adopted rulemaking will not contribute to nonattainment
with the ozone NAAQS and is therefore consistent with section 110(l) of
the Act. Therefore, we are proposing to approve the May 14, 2013
revisions to Chapter 117 into Texas SIP.
[[Page 29729]]
III. Proposed Action
Today, we are proposing to approve the April 13, 2012, revisions to
30 TAC Chapter 117 sections 117.1020, 117.1120, 117.1220, 117.3020, and
117.9800 to remove reference to SCT program rule from these sections.
We are proposing to approve the May 8, 2013, revisions to 30 TAC
Chapter 117 sections 117.2103, 117.2130, 117.2135, and 117.2145, to
allow for partial exemption of oil and gas drawworks engines used for
personnel training and product testing from NOX control
requirements. We are also proposing to approve the May 14, 2013,
revisions to 30 TAC Chapter 117 section 117.10(15), to update the
definition of emergency. We are proposing to approve these revisions to
30 TAC Chapter 117 into Texas SIP.
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, Nitrogen
oxides, Reporting and recordkeeping requirements.
Dated: May 13, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-12024 Filed 5-22-14; 8:45 am]
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