Daily Rules, Proposed Rules, and Notices of the Federal Government
The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment: TCEQ, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas 78753.
Throughout this document “we,” “us,” and “our” refer to EPA.
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.
The June 13, 2007 submittal, sent to EPA from TCEQ, included the following components. (1) Control of Air Pollution from Motor Vehicles, (2) Control of Air Pollution from Volatile Organic Compounds, and (3) Voluntary Mobile Emission Reduction Program (VMEP) commitments. Each component is discussed below. The first component concerns revisions to 30 TAC Chapter 114 Control of Air Pollution from Motor Vehicles, sections 114.6 and 114.319 which addressed the Texas Low Emission Diesel standards for marine fuels. We approved this component of the June 13, 2007 submittal on October 24, 2008, at 73 FR 63378. The revision to these sections has been in effect, federally, since November 24, 2008. The second component of the June 13, 2007 submittal concerns revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile Organic Compounds, sections 115.110, 115.112 -115.117, 115.119, 115.541-115.547 and 115.549. We approved these revisions as enhancing the Texas SIP because these rule revisions required additional VOC controls on storage tanks, lowered VOC emissions, and helped lower ozone levels in the HGB Area. See 75 FR 15348 of March 29, 2010. The revisions to these sections have been in effect, federally, since May 28, 2010. We are now proposing to approve the 2007 VMEP for the HGB Area into Texas SIP. For more information on VMEP see section below. 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).
Voluntary mobile source strategies complement existing regulatory programs through voluntary, non-regulatory changes in local transportation activities or changes in in-use vehicle and engine composition. The EPA believes that the Act allows SIP credit for new approaches to reducing mobile source emissions, where supported by enforceable commitments to monitor and assess implementation and backfill any emissions reductions shortfall in a timely fashion. This flexible approach is consistent with the Clean Air Act section 110. 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 innovative 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 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, submitted with TCEQ's letter of April 6, 2010, 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.” See section B for more information on RACT evaluation for the HGB Area.
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 NO
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 NO
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. These most
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).” Generally, to obtain credit for a VMEP, a State submits a SIP that: (1) Identifies and describes a VMEP; (2) Contains projections of emission reductions attributable to the program, along with any relevant technical support documentation; (3) Commits to evaluation and reporting on program implementation and results; and (4) Commits to the timely remedy of any credit shortfall should the VMEP not achieve the anticipated emission reductions. More specifically, the guidance suggests the following key points be considered for approval of credits. The credits should be quantifiable, surplus, enforceable, permanent, and adequately supported. In addition, VMEPs must be consistent with attainment of the standard and with the ROP requirements and not interfere with other CAA requirements. The VMEP program for an area can be revised by a SIP revision that substitutes or adds other VMEP measures if needed.
The State submitted program descriptions that projected emission reductions attributable to each specific program as part of the HGB attainment demonstration submitted June 13, 2007. Table 1 below lists the identified programs and their projected credits.
A detailed analysis of all the VMEP measures can be found in our TSD prepared for this document. For each creditable VMEP, the measure was found to be quantifiable. The reductions are surplus because they are not substitutes for mandatory, required emission reductions. The commitment to monitor, assess and timely remedy any shortfall from implementation of the measures is enforceable against the State. The reductions will continue at least for as long as the time period in which they are used by this SIP demonstration, so they are considered permanent. There is a commitment that each measure is adequately supported by personnel and program resources for implementation.
The HGB Area's ozone SIP VMEP meets the criteria for credit in the SIP. Texas has demonstrated that the credits are quantifiable, surplus, enforceable, permanent, adequately supported, and consistent with the SIP and the Act. Therefore, we are proposing to approve the 2007 VMEP portion of the Texas SIP.
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 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. The TCEQ conducted its analysis by: (1) Identifying all categories of CTG and major non-CTG sources of VOC and NO
The EPA entered into a CD with the Sierra Club concerning revisions to the Texas SIP for HGB Area. Under the terms of this CD, February 1, 2013 is the deadline by which EPA has to propose a rulemaking action relevant to RACT for VOC and NO
Yes, Texas has 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 relevant to this source category at this time for the HGB Area. However, if a major source of this category locates in the HGB Area in future, then TCEQ will need to take appropriate regulatory measures for SIP purposes.
As stated elsewhere, we approved revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile Organic Compounds on March 29, 2010 at 75 FR 15348. We now have reviewed these revisions to Chapter 115 and have determined that they are in agreement with EPA's Control Technique Guidelines (CTG) documents titled Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036, December 1977); Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-78-047, December 1978); and Alternative Control Techniques Document—Volatile Organic Liquid Storage in Floating and Fixed Roof Tanks (EPA-453/R-94-001, January 1994). Also, see our Technical Support Document (TSD) prepared in conjunction with this document. Since these revisions are in agreement with our guideline documents, we are proposing that they satisfy RACT requirements, and by implementing these measures Texas is meeting the VOC RACT for liquid storage sources in the HGB Area.
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. TCEQ reviewed the point source emissions inventory and title V databases to identify all major sources of VOC emissions. All sources in the title V database that were listed as a major source for VOC emissions were included in the RACT analysis. Since the point source emissions inventory database reports actual emissions rather than potential to emit emissions, the TCEQ reviewed sources that reported actual emissions as low as 10 tpy of VOC to account for the difference between actual and potential emissions. To be conservative, sites from the emissions inventory database with emissions of 10 tpy or more of NO
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 NO
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
Texas has identified a list of major NO
Texas reviewed the list of sources and certified that it has the appropriate NO
Today, we are proposing to find that for VOC, CTG categories identified in Table 2 and major Non-CTG sources, and for NO
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.
42 U.S.C. 7401 et seq.
Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds.