[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Proposed Rules]
[Pages 10253-10256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03128]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0525; FRL-10583-01-Region 6]


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: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve the July 
20, 2021 revisions to the Texas State Implementation Plan (SIP) 
concerning Reasonably Available Control Technology (RACT) requirements 
covered by the 2016 Oil and Natural Gas Control Techniques Guidelines 
(CTG or CTGs) for 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). 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 classified as Serious 
nonattainment for the 2008 ozone NAAQS on August 23, 2019. These 
revisions create new RACT rules for oil and gas production and natural 
gas processing in the DFW and HGB NAAs and make non-substantive changes 
to reflect the rule applicability for the types of equipment currently 
required to comply with existing rule requirements but that would be 
subject to the new requirements upon the compliance date.

DATES: Written comments must be received on or before March 20, 2023.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2021-0525 at https://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Anupa Ahuja, 
[email protected] For the full EPA public comment policy, 
information about CBI, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov. While all documents in the 
docket are listed in the index, some information may not be publicly 
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Anupa Ahuja, EPA Region 6 Office, 
Infrastructure & Ozone Section, 214-665-2701, [email protected] Out 
of an abundance of caution for members of the public and our staff, the 
EPA Region 6 office may be closed to the public to reduce the risk of 
transmitting COVID-19. We encourage the public to submit comments via 
https://www.regulations.gov. Please call or email the contact listed 
above if you need alternative access to material indexed but not 
provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Ground-level ozone, or smog, which harms human health and the 
environment, is formed when volatile organic compounds (VOCs) and 
nitrogen oxides (NOX) interact in the presence of sunlight. 
Sections 182(b)(2) and (f) of the CAA require that SIPs for ozone 
nonattainment areas classified as Moderate or above include 
implementation of RACT for any source covered by a Control Techniques 
Guidelines (CTG) document issued by the EPA, and for any major source 
of VOC or NOX located in the nonattainment area. It is worth 
noting that for some CTG categories, RACT is applicable to minor or 
area sources. 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

[[Page 10254]]

technological and economic feasibility.\1\ For a Moderate, Serious, or 
Severe ozone nonattainment area, a major stationary source is one that 
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 CTG and Alternative Control 
Techniques (ACT) documents. See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques (URL dated 8/31/2022) for a listing of EPA-issued CTGs and 
ACTs.
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    \1\ 44 FR 53761 (September 17, 1979).
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    On March 27, 2008, the EPA revised the primary and secondary 
ozone.\2\ On October 26, 2015, (80 FR 65292) EPA adopted another 
revision to the ozone standard, but the 2008 standard remains in place. 
This document concerns the VOC RACT requirements under the 2008 ozone 
standard.
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    \2\ 73 FR 16436 (March 27, 2008).
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    Promulgation of a revised NAAQS triggers a requirement for the EPA 
to designate areas as nonattainment, attainment, or unclassifiable, and 
to classify the NAAs at the time of designation. On May 21, 2012, the 
EPA established initial area designations for most areas of the country 
with respect to the 2008 primary and secondary 8-hour ozone NAAQS.\3\ 
The EPA published two rules addressing final implementation and air 
quality designations.\4\ The implementation rule established 
classifications and associated attainment deadlines, among other 
things. The designation rule finalized the NAA boundaries for areas 
that did not meet the standard. Furthermore, the finalized 
nonattainment areas were classified according to the severity of their 
ozone air quality problems as determined by each area's design 
value.\5\ The ozone classification categories were defined as Marginal, 
Moderate, Serious, Severe, or Extreme.
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    \3\ 77 FR 30160 (May 21, 2012).
    \4\ 77 FR 30088 (May 21, 2012).
    \5\ The air quality design value for the 8-hour ozone NAAQS is 
the three-year average of the annual fourth highest daily maximum 8-
hour average ozone concentration. See 40 CFR part 50, appendix I.
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    Effective July 20, 2012, the EPA designated as nonattainment, any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data. With that 
rulemaking, the DFW area was classified as Moderate nonattainment and 
HGB area was classified as Marginal nonattainment.\6\
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    \6\ 77 FR 30088 (May 21, 2012).
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    The HGB area was subsequently reclassified as Moderate in 2016 \7\ 
when the area failed to meet its attainment deadline. The DFW area 
failed to attain by its applicable attainment date, and the HGB area 
failed to meet the attainment deadline under the Moderate 
classification. Both NAAs were reclassified as Serious nonattainment 
for the 2008 8-hour ozone NAAQS, effective September 23, 2019,\8\ with 
an attainment date of July 20, 2021.
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    \7\ 81 FR 90207 (December 14, 2016).
    \8\ 84 FR 44238 (August 23, 2019).
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    Both the HGB and the DFW areas failed to attain the 2008 ozone 
NAAQS by their July 20, 2021 attainment date. As a result, both areas 
have been reclassified as Severe nonattainment for the 2008 8-hour 
ozone NAAQS.\9\ The Severe area attainment deadline for both areas is 
July 20, 2027.
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    \9\ 87 FR 60926 (October 7, 2022).
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    On October 27, 2016, the EPA announced a final CTG document for 
reducing VOC emissions from existing oil and natural gas industry 
equipment and processes.\10\ As stated in that announcement, 
``[s]ection 182(b)(2)(A) of the CAA requires that for areas designated 
nonattainment for an ozone [NAAQS] . . . and classified as Moderate [or 
above], states must revise their SIP to include provisions to implement 
RACT for each category of VOC sources covered by a CTG document.'' Id. 
The EPA provided a two-year period starting from October 27, 2016, for 
states to submit SIP revisions addressing RACT for VOC sources covered 
by the CTG (i.e., SIP submissions were due from affected states to the 
EPA by October 27, 2018). On March 9, 2018, for reasons explained in 
the Federal Register (83 FR 10478), the EPA proposed to withdraw the 
CTG. However, the EPA did not finalize the proposal to withdraw the 
CTG. The EPA announced in the U.S. Office of Management and Budget's 
Spring 2020 Unified Agenda and Regulatory Plan that ``the CTG will 
remain in place as published on October 27, 2016.'' \11\ Therefore, in 
response to the 2016 Control Techniques Guidelines for the Oil and 
Natural Gas Industry (2016 Oil and Gas CTG), RACT SIP revisions were 
due for EPA review and approval from states with nonattainment areas 
classified as Moderate or higher for the 2008 ozone NAAQS.
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    \10\ 81 FR 74798 (October 27, 2016).
    \11\ See https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=2060-AT76 (last accessed October 
13, 2022).
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    On January 22, 2020, the Center for Biological Diversity and the 
Center for Environmental Health filed a lawsuit alleging, among other 
claims, that EPA failed to take action concerning certain nonattainment 
areas (including the DFW and HGB NAAs in Texas) that did not submit 
RACT SIP revisions in response to the 2016 Oil and Gas CTG in a timely 
manner.\12\ On November 16, 2020, the EPA issued a finding of failure 
to submit for nine NAAs including DFW and HGB.\13\
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    \12\ Center for Biological Diversity, et al., v. Wheeler, No. 
3:20-cv-00448 (N.D. Cal.).
    \13\ 85 FR 72963 (November 16, 2020).
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    On June 20, 2021, Texas adopted revisions to 30 TAC Chapter 115 
Subchapter B, Division 7 Rules to address EPA's 2016 Oil and Gas CTG 
for the DFW and HGB NAA. These revisions were submitted to the EPA on 
July 20, 2021. EPA determined on December 3, 2021, that Texas's 
submittal met the SIP completeness criteria in 40 CFR 51, Appendix V.

II. Evaluation

A. Comparison of CTG Requirements and Control Measures in the DFW and 
HGB Areas

    The 2016 Oil and Gas CTG recommends available control approaches 
for addressing VOC emissions from certain sources within the oil and 
natural gas industry. Sources of VOC emissions addressed in the CTG 
include storage vessels, compressors, pneumatic controllers, pneumatic 
pumps, equipment leaks at natural gas processing plants, and fugitive 
emissions.
    We have reviewed Texas's new and revised 30 TAC Chapter 115 rules 
for the sources covered by the 2016 Oil and Gas CTG in the DFW and HGB 
NAAs and the demonstration submitted by Texas. Based on this review, we 
propose to find that these rules are consistent with the CAA. Moreover, 
the TCEQ rules are consistent with the control measures, definitions, 
recordkeeping, and test methods in the CTG for the sources in question. 
A detailed analysis is provided in the Technical Support Document (TSD) 
for this action and other supporting documents are available in the 
docket.

B. Additional 30 TAC Chapter 115 Rule Changes

    Changes to existing Chapter 115 rules for existing sources covered 
by the 2016 Oil and Gas CTG in the DFW and HGB NAAs were made to 
consolidate rule requirements into a new section. Based

[[Page 10255]]

on our review, these changes are non-substantive and do not alter any 
existing rule requirement and we are proposing to approve the new 
codification of these requirements.

C. CAA Section 110(l) Analysis

    CAA section 110(l) requires that a SIP revision submitted to EPA be 
adopted after reasonable notice and public hearing. Section 110(l) also 
requires that we not approve a SIP revision if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA.
    As part of its submittal the TCEQ provided copies of the Public 
Notice published in the Texas Register and local newspapers. The TCEQ 
also held a public hearing virtually on the revisions to the SIP on 
February 23, 2021. A copy of the Public Notice and the submitted 
revisions are posted in the docket for this action.
    The revisions in 30 TAC Chapter 115 include inspection, testing, 
and control efficiency requirements for those sources and equipment 
types in the DFW and HGB NAAs that are covered by the 2016 Oil and Gas 
CTG. The new requirements include new or revised inspection, testing, 
and control efficiency requirements for some equipment types already 
covered by existing 30 TAC Chapter 115 rules and also cover additional 
types of equipment that are not currently regulated under existing 
rules. As a result of implementing new requirements that will reduce 
emissions, these revisions to 30 TAC Chapter 115 rules, would not 
interfere with the attainment and reasonable further progress of ozone 
pollution control requirements, or any other applicable requirement of 
the Act.
    EPA also evaluated additional changes to certain existing 30 TAC 
Chapter 115 rules to consolidate existing rule requirements into a new 
section covering DFW and HGB NAA, for consistency. These rule changes 
are non-substantive and did not affect any inspection, monitoring, or 
control requirements. We do not expect these changes to interfere with 
attainment and reasonable further progress of ozone pollution control 
requirements, or any other applicable requirement of the Act.
    The SIP submittal from Texas included records demonstrating that 
Texas adopted the new RACT rules after reasonable notice, a public 
hearing, and public comment. Thus, the CAA Section 110(l) requirements 
are met. Further, as shown in the TSD for this proposed action, our 
evaluation has determined the new rules in 30 TAC Chapter 115 to be 
consistent with RACT for purposes of satisfying the requirement 
triggered by the 2016 Oil and Gas CTG for those sources in the DFW and 
HGB NAA.

III. Proposed Action

    We are proposing to approve the July 20, 2021 revisions to the 
Texas SIP concerning the DFW and HGB 2008 8-hour ozone NAAQS 
nonattainment areas as meeting the RACT requirements for an area 
designated as Serious for sources covered by the Oil and Gas CTG. The 
proposed approval is based on our review of 30 TAC Chapter 115 rules 
and revisions for consistency with Oil and Gas CTG.

IV. Incorporation by Reference

    In this action, the EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference revisions to Texas's regulations as described 
in the Proposed Action section above. The EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and in hard copy at the EPA Region 6 
office.

V. Environmental Justice Considerations

    For informational purposes only, EPA is providing additional 
information regarding this proposed action and potentially impacted 
populations in the TSD. This proposed action is intended to ensure that 
all communities and populations in the DFW and HGB NAAs, including 
overburdened communities, receive the full human health and 
environmental protection provided by the CAA. By reducing VOC emissions 
from the oil and natural gas industry, we believe that this proposed 
action is anticipated to have a neutral to positive impact on air 
quality and is not anticipated to worsen air quality. Nothing in the 
record indicates that this action, if finalized, will have a 
disproportionately high or adverse human health or environmental 
effects on communities with environmental justice concerns.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.


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    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 8, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-03128 Filed 2-16-23; 8:45 am]
BILLING CODE 6560-50-P


