
[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Rules and Regulations]
[Pages 19599-19602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07388]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0100; FRL-9795-3]


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: Final rule.

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SUMMARY: The EPA is finalizing its proposal 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 
finalizing our proposed approval of 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), and Oxides of 
Nitrogen (NOX) in the HGB Area. We are also finalizing our 
proposal to approve the 2007 Voluntary Mobile Emission Reduction 
Program (VMEP) commitments for the HGB Area. This action is in 
accordance with section 110 of the federal Clean Air Act (the Act, 
CAA).

DATES: This rule will be effective on May 2, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0100. All documents in the docket are 
listed on the www.regulations.gov Web site. 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 and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Planning Section (6PD-L), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30am and 4:30 p.m. 
weekdays except for legal holidays. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. 
If possible, please make the appointment at least two working days in 
advance of your visit. There will be a 15 cent per page fee for making 
photocopies of documents. On the day of the visit, please check in at 
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, 
Texas.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6691, fax 
(214) 665-7263, email address shar.alan@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Outline

I. Background
    A. What actions are we approving?
    1. The June 13, 2007 submittal
    2. The April 6, 2010 submittal
    B. When did the public comment period expire?
II. Evaluation
    A. What are the public comments and EPA's response to them?
    B. What is TCEQ's approach and analysis to RACT in the June 13, 
2007 submittal?
    C. What CTG source categories are we addressing in this action?
    D. Does the revision to 30 TAC Chapter 115 of the June 13, 2007 
submittal meet RACT for liquid storage sources in the HGB Area?
    E. Is Texas' approach to major Non-CTG sources for RACT 
determination in the HGB Area acceptable?
    F. Is Texas' approach to RACT determination for CTG source 
categories based on the June 13, 2007 and April 6, 2010 submittals 
acceptable?
    G. Is Texas' approach to RACT determination for NOX 
sources based on the June 13, 2007 and April 6, 2010 submittals 
acceptable?
    H. Is Texas' approach to RACT determination for VOC and 
NOX sources based on the June 13, 2007 and April 6, 2010 
submittals acceptable?
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. What actions are we approving?

    In EPA's September 19, 2012 (77 FR 58063) rulemaking action we 
proposed to approve portions of revisions to the Texas SIP submitted to 
EPA in two separate letters dated June 13, 2007 and April 6, 2010 from 
TCEQ. We are finalizing our proposed approval as described below.
1. The June 13, 2007 Submittal
    We are finalizing our proposal to approve the June 13, 2007 
submittal, sent to EPA from TCEQ, which in part, included the Voluntary 
Mobile Emission Reduction Program (VMEP) commitments as strategies to 
complement existing regulatory programs through voluntary, non-
regulatory changes in local transportation activities or changes in in-
use vehicle and engine composition. Economic incentive provisions are 
also available in sections 182 and 108 of the Act. Credits generated 
through VMEP can be counted toward attainment and maintenance of the 
NAAQS. Due to the voluntary nature of this program, only up to 3% of 
the total future year emissions reductions required to attain an 
appropriate NAAQS may be claimed under the VMEP policy guidance.
    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).
2. The April 6, 2010 Submittal
    Texas supplemented the RACT analysis contained in the June 13, 2007 
submittal as a part of the April 6, 2010 revision to the Texas SIP. We 
are finalizing the proposal to find, based on the analysis in Appendix 
D of the April 6, 2010 submittal, in conjunction with the June 13, 2007 
submission, 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.'' See section B of 
the September 19, 2012 (77 FR 58063) proposal for more information on 
RACT evaluation for the HGB Area.

B. When did the public comment period expire?

    The public comment period for the 77 FR 58063 proposed approval 
ended on October 19, 2012, and we received relevant comments from TCEQ 
and the 8-Hour Ozone SIP Coalition (the Coalition) on this rulemaking 
action during its comment period. See section II below.

II. Evaluation

A. What are the public comments and EPA's response to them?

    Comment: TCEQ and the Coalition both expressed their support for 
the September 19, 2012 (77 FR 58063) rulemaking action. TCEQ stated 
that

[[Page 19600]]

EPA should expedite approval of RACT SIP for other CTG categories not 
included in the proposal.
    Response: The EPA appreciates the commenters' support of our 
proposed approval. The EPA is cognizant of other VOC CTG categories in 
the HGB Area. As stated in the proposal, EPA intends to act upon other 
VOC CTG categories (including the negative declarations) separately in 
a different rulemaking action.
    Comment: TCEQ requested that the EPA provide clarification on how 
long the VMEP measures submitted on June 13, 2007 must remain in place. 
TCEQ interprets this time period to be through the year 2009.
    Response: The basic framework for ensuring SIP credit for VMEPs is 
spelled out in guidance issued under a memorandum from Richard D. 
Wilson, Acting Assistant Administrator for Air and Radiation, dated 
October 24, 1997, entitled ``Guidance on Incorporating Voluntary Mobile 
Source Emission Reduction Programs in State Implementation Plans 
(SIPs).'' (the Policy). For VMEP credits to be approvable they should 
be quantifiable, surplus, enforceable, permanent, and adequately 
supported. The Policy states that ``emission reductions produced by the 
VMEP must continue at least for as long as the time period in which 
they are used by applicable SIP demonstrations. The VMEP need not 
continue forever to generate permanent emissions reductions, but must 
specify an appropriate period of implementation in the SIP.'' See page 
19 of the Policy. In addition, ``the voluntary program should be 
permanent unless it is replaced by another measure (through a SIP 
revision) or the State demonstrates in a SIP revision that the emission 
reductions from the voluntary program are no longer needed.'' See page 
5 of the Policy. The VMEP for an area can be revised by a SIP revision 
that substitutes or adds other VMEP measures, if needed. The 2007 VMEP 
measures are considered permanent and remain part of Texas SIP until 
the states revises its SIP, or demonstrates in a SIP revision that the 
emission reductions (for example; the 2.82 tons per day of 
NOX reductions) from the voluntary program are no longer 
needed. In 2010, Texas revised the 2007 VMEP measures as a part of the 
HGB Area attainment demonstration plan. See section 4.6.2.2: Voluntary 
Mobile Emission Reduction Program (VMEP) and Appendix H of the 2010 
submittal. Based on above Policy statements and the supporting record/
documentation, the 2010 VMEP measures, submitted with the 2010 HGB Area 
attainment demonstration plan, supersede and replace the 2007 VMEP 
measures. We will be taking action on the 2010 VMEP measures in a 
different rulemaking. In short, EPA interprets the 2007 VMEP measures 
remain in place through the year 2009 (that is until the year 2010) 
when the State updated its HGB Area attainment demonstration plan.
    This concludes our response to the comments received on the 
September 19, 2012 (77 FR 58063) proposal during comment period. As a 
result of comments received no changes were made to the proposed 
approval action.

B. What is TCEQ's approach and analysis to RACT in the June 13, 2007 
submittal?

    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. 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 the April 6, 2010 submittal. For 
information on how TCEQ conducted its RACT analysis see section E of 
the September 19, 2012 (77 FR 58065) proposal. We are finalizing our 
proposal finding that TCEQ has properly conducted its analysis, and 
their approach to control requirements are in agreement with the CAA 
RACT requirements for VOC sources in the HGB Area listed in Table 1 
below.

C. 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 that fulfill the 
applicable RACT requirements.

  Table 1--CTG Source Categories and Their Corresponding Texas VOC RACT
                                  Rules
------------------------------------------------------------------------
                                   Fulfilling RACT requirement, 30 TAC
  Source category in HGB area                  Chapter 115
------------------------------------------------------------------------
Bulk Gasoline Plants..........  Sec.   115.211-219
Natural Gas/Gasoline            Sec.   115.352-359
 Processing.
Synthetic Organic Chemical      Sec.   115.352-359
 Manufacturing Industry-
 Polymer & Resin Manufacturing.
Gasoline Tank Trucks & Vapor    Sec.   115.211-219 and Sec.   115.234-
 Collection Systems.             239
Refineries--Leaks from          Sec.   115.352-359
 Equipment.
Synthetic Organic Chemical      Sec.   115.120-129
 Manufacturing Industry--High
 Density Resins.
Synthetic Organic Chemical      Sec.   115.531-539
 Manufacturing Industry--
 Synthesized Pharmaceutical
 Products.
Petroleum Liquid Storage--      Sec.   115.112-119
 External Floating Roof Tanks.
Refineries--Vacuum Producing    Sec.   115.311-319 and Sec.   115.131-
 Systems, Wastewater             139
 Separators, Unit Turnarounds.
Synthetic Organic Chemical      Sec.   115.120-129
 Manufacturing Industry--Air
 Oxidation Processes.
Synthetic Organic Chemical      Sec.   115.120-129
 Manufacturing Industry--
 Reactor Processes &
 Distillation Operations.
Shipbuilding and Ship Repair..  Sec.   115.420-429
Solvent Metal Cleaning........  Sec.   115.412-419 and Sec.   115.420-
                                 429
Gasoline Service Stations.....  Sec.   115.221-229
Petroleum Liquid Storage--      Sec.   115.112-119
 Fixed Roof Tanks.
Tank Trucks--Gasoline Loading   Sec.   115.211-219 or Sec.   115.221-229
 Terminals.
------------------------------------------------------------------------

    In addition, Texas declared that there are no existing major 
sources of rubber tire manufacturing, identified with the Standard 
Industrial Classification (SIC) 3011, in the HGB Area. As such, TCEQ 
does not have to adopt VOC regulations for this source category at this 
time for the HGB Area. We are also finalizing our proposed approval of 
Texas' negative declaration for this source category.

[[Page 19601]]

D. Does the revision to 30 TAC Chapter 115 of the June 13, 2007 
submittal meet RACT for liquid storage sources in the HGB Area?

    On March 29, 2010 (75 FR 15348) we approved revisions to 30 TAC, 
Chapter 115 Control of Air Pollution from Volatile Organic Compounds. 
On September 19, 2012 (77 FR 58063), we proposed approval of these 
revisions as satisfying RACT requirements for liquid storage sources in 
the HGB Area. We are now finalizing our proposed approval of these 
revisions and finding that by implementing these measures Texas is 
meeting the VOC RACT for liquid storage sources in the HGB Area.

E. Is Texas' approach to major Non-CTG sources for RACT determination 
in the HGB Area acceptable?

    Under section 182(b)(2)(C), states must assure that major sources 
not covered by a CTG have RACT in place. Texas has identified a list, 
in its Appendix D of the April 6, 2010 submittal, of major VOC sources 
in the HGB Area to determine if any do not have RACT level controls in 
place and do not fall into the identified sectors for which EPA has 
issued a CTG. For information on how TCEQ reviewed the point source 
emissions inventory and title V databases to identify all major sources 
of VOC emissions see section I of the September 19, 2012 (77 FR 58063). 
As a part of our approval of the 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 its April 06, 2010, submittal to EPA Texas 
identified major Non-CTG sources, certified that it has RACT in place, 
and we proposed approval of their determination at September 19, 2012 
(77 FR 58063). We are finalizing our proposed approval finding that the 
Texas SIP meets the RACT requirements for the major Non-CTG sources of 
VOC in the HGB Area under the 1997 8-Hour ozone NAAQS.

F. Is Texas' approach to RACT determination for CTG source categories 
based on the June 13, 2007 and April 6, 2010 submittals acceptable?

    As a part of our action on the 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 its submittals to EPA, TCEQ 
stated that it has reviewed the HGB VOC rules, certified 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, and we proposed 
approval of their determination on September 19, 2012 (77 FR 58063). 
For more information see section J of the September 19, 2012 (77 FR 
58063). We are finalizing the proposed approval that VOC control 
measures in Chapter 115 meet RACT requirements for CTG sources of VOC 
in the HGB Area under the 1997 8-Hour ozone NAAQS. By implementing 
these control requirements (Chapter 115), Texas is satisfying the RACT 
requirements for CTG source categories identified in Table 1 of this 
document in the HGB Area under the 1997 8-Hour ozone standard.

G. Is Texas' approach to RACT determination for NOX sources 
based on the June 13, 2007 and April 6, 2010 submittals acceptable?

    As a part of our approval of the 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 its submittals to EPA, TCEQ 
stated that it has reviewed the HGB NOX rules, certified 
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, and we proposed 
approval of their determination on September 19, 2012 (77 FR 58063). 
For more information see section L of the September 19, 2012 (77 FR 
58063). We are finalizing the proposed approval that NOX 
control measures in Chapter 117 meet RACT requirements for major 
sources of NOX in the HGB Area under the 1997 8-Hour ozone 
NAAQS. By implementing these control requirements (Chapter 117), Texas 
is satisfying the RACT requirements for NOX source in the 
HGB Area under the 1997 8-Hour ozone standard.

H. Is Texas' approach to RACT determination for VOC and NOX 
sources based on the June 13, 2007 and April 6, 2010 submittals 
acceptable?

    The purpose of 30 TAC Chapter 115 and 117 rules for the HGB Area is 
to establish reasonable controls on the emissions of ozone precursors. 
Texas reviewed its VOC and NOX rules and certified that its 
rules satisfy RACT requirements, and we proposed approval of their 
determination at September 19, 2012 (77 FR 58063). For more information 
see sections K and L of the September 19, 2012 (77 FR 58063). As such, 
and based upon the above 3 sections (sections E, F, and G), we are 
finalizing our proposed approval finding that, for major sources of 
NOX, CTG VOC categories identified in Table 1, and Non-CTG 
VOC sources, Texas has RACT-level controls in place for the HGB Area 
under the 1997 8-Hour ozone standard.

III. Final Action

    Today, we are finalizing our proposal to find that for VOC CTG 
categories identified in Table 1 and all major Non-CTG VOC sources, and 
for NOX, Texas has RACT-level controls in place for the HGB 
Area under the 1997 8-Hour ozone standard. The EPA had previously 
approved RACT for VOC and NOX into Texas' SIP under the 1-
Hour ozone standard. We are also finalizing our proposal to approve the 
2007 VMEP 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the 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 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);

[[Page 19602]]

     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
     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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 June 3, 2013. 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

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 20, 2013.
 Ron Curry,
 Regional Administrator, Region 6.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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 Section 52.2270, the second table in paragraph (e) entitled 
``EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures 
in the Texas SIP'' is amended by adding three new entries at the end.


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or     State submittal/    EPA approval date        Comments
                                 nonattainment area    effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Voluntary Mobile Emission        Brazoria,           June 13, 2007.....  4/2/13, [Insert FR
 Reduction Program (VMEP).        Chambers, Fort                          page number where
                                  Bend, Galveston,                        document begins].
                                  Harris, Liberty,
                                  Montgomery and
                                  Waller Counties,
                                  TX.
NOX RACT finding for the 1997 8- Brazoria,           April 6, 2010.....  4/2/13, [Insert FR
 hour ozone NAAQS.                Chambers, Fort                          page number where
                                  Bend, Galveston,                        document begins].
                                  Harris, Liberty,
                                  Montgomery and
                                  Waller Counties,
                                  TX.
VOC RACT finding for the 1997 8- Brazoria,           April 6, 2010.....  4/2/13, [Insert FR  For selected
 hour ozone NAAQS.                Chambers, Fort                          page number where   categories.
                                  Bend, Galveston,                        document begins].
                                  Harris, Liberty,
                                  Montgomery and
                                  Waller Counties,
                                  TX.
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[FR Doc. 2013-07388 Filed 4-1-13; 8:45 am]
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