[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21014]


[[Page Unknown]]

[Federal Register: August 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-19-1-5736a; FRL-5029-4]

 

Approval and Promulgation of Implementation Plan: Texas Emission 
Statement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves a revision to the Texas State 
Implementation Plan (SIP) to include revisions to the Texas Air Control 
Board, part III, chapter 101, General Rules, section 101.10, Emission 
Inventory Requirements. These revisions are for the purpose of 
implementing an emission statement program for stationary sources 
within the ozone nonattainment areas. The implementation plan was 
submitted by the State to satisfy the Federal requirements for an 
emission statement program as part of the SIP for Texas.

DATES: This final rule will become effective on October 25, 1994 unless 
notice is received by September 26, 1994 that someone wishes to submit 
adverse or critical comments. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office 
listed below. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. The interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.
    U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-AP), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
    The Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
    Texas Natural Resource Conservation Commission, Office of Air 
Quality, Emissions Inventory Branch, 12124 Park 35 Circle, Austin, 
Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Planning 
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, Telephone (214) 655-7237.

SUPPLEMENTARY INFORMATION:

Background

    The air quality planning and State Implementation Plan (SIP) 
requirements for ozone nonattainment and transport areas are set out in 
subparts I and II of part D of title I of the Clean Air Act, as amended 
by the Clean Air Act Amendments of 1990 (CAA or ``the Act''). EPA has 
published a ``General Preamble'' describing EPA's preliminary views on 
how EPA intends to review SIPs and SIP revisions submitted under title 
I of the CAA, including those State submittals for ozone transport 
areas within the States (see 57 FR 13498 (April 16, 1992) (``SIP: 
General Preamble for the Implementation of title I of the Clean Air Act 
Amendments of 1990''), 57 FR 18070 (April 28, 1992) (``Appendices to 
the General Preamble''), and 57 FR 55620 (November 25, 1992) (``SIP: 
NOx Supplement to the General Preamble'')).
    EPA has also issued a draft guidance document describing the 
requirements for the emission statement programs discussed in this 
document, entitled ``Guidance on the Implementation of an Emission 
Statement Program'' (July, 1992). The Agency is also conducting a 
rulemaking process to modify part 40 of the CFR to reflect the 
requirements of the emission statement program.
    Section 182 of the Act sets out a graduated control program for 
ozone nonattainment areas. Section 182(a) sets out requirements 
applicable in Marginal nonattainment areas, which are also made 
applicable in subsections (b), (c), (d), and (e) to all other ozone 
nonattainment areas. Among the requirements in section 182(a) is a 
program in paragraph (3) of that subsection for stationary sources to 
prepare and submit to the State each year emission statements showing 
actual emissions of volatile organic compounds (VOC) and nitrogen 
oxides (NOx). This paragraph provides that the States are to 
submit a revision to their SIPs by November 15, 1992, establishing this 
emission statement program. Whatever minimum reporting level is 
established in a State emission statement program, if either VOC or 
NOx is emitted at or above the designated level, the other 
pollutant should be included in the emission statement, even if it is 
emitted at levels below the specified cutoffs.
    The CAA requires facilities to submit the first emission statement 
to the State within three years after November 15, 1990, and annually 
thereafter. EPA requests that the States submit the emission data to 
EPA through the Aerometric Information Retrieval System (AIRS). The 
minimum emission statement data should include: Certification of data 
accuracy; source identification information; operating schedule; 
emissions information (to include annual and typical ozone season day 
emissions); control equipment information; and process data. EPA 
developed emission statements data elements to be consistent with other 
source and State reporting requirements. This consistency is essential 
to assist States with quality assurance for emission estimates and to 
facilitate consolidation of all EPA reporting requirements.
    In addition to the submission of the emission statement data to 
AIRS, States should provide EPA with a status report that outlines the 
degree of compliance with the emissions statement program. Beginning 
July 1, 1993, States should report quarterly to EPA the total number of 
sources affected by the emission statement provisions, the number that 
have complied with the provisions, and the number that have not. This 
status report should also include the total annual and typical ozone 
season day emissions from all reporting sources, both corrected and 
non-corrected for rule-effectiveness (RE). States should include in 
their status report a list of sources that are delinquent in submitting 
their emission statement and that emit 500 tons per year (tpy) or more 
of VOC or 2500 tpy or more of NOx. This report should be a 
quarterly submittal until all the regulated sources have complied for 
the reporting year. Suggested submittal dates for the quarterly status 
reports are July 1, October 1, January 1, and April 1.

Analysis of State Submission

1. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing its SIP, of which the emission statement program will 
become a part. Section 110(a)(2) of the Act provides that each 
implementation plan submitted by a State must be adopted after 
reasonable notice and public hearing.1 Section 110(l) similarly 
provides that each revision to an implementation plan submitted by a 
State under the CAAA must be adopted by such State after reasonable 
notice and public hearing.
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    \1\Also section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
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    EPA must at the outset determine whether a submittal is complete 
and therefore warrants further EPA review and action (see section 
110(k)(1) and 57 FR 13565). EPA's completeness criteria for SIP 
submittals are set out at 40 CFR part 51, appendix V (1991), as amended 
by 57 FR 42216 (August 26, 1991). EPA attempts to make completeness 
determinations within 60 days of receiving a submission. However, under 
section 110(k)(1)(B), a submittal is deemed complete by operation of 
law if a completeness determination is not made by EPA 6 months after 
receipt of the submission.
    The State passed the revisions to the TACB General Rules, 101, by 
repealing the existing section 101.10 and replacing it with a new 
section 101.10 on August 20, 1992. The State submitted the revision to 
public hearing on April 19, 1992. The rule was submitted to EPA on 
October 15, 1992, by the Governor, as a proposed revision to the SIP.
    The October 15, 1992, SIP revision was reviewed by EPA to determine 
completeness shortly after its submittal, in accordance with the 
completeness criteria set out at 40 CFR part 51, appendix V (1991), as 
amended by 57 FR 42216 (August 26, 1991). The submittal was found to be 
complete and a letter dated January 15, 1993, was forwarded to the 
Governor indicating the completeness of the submittal and the next 
steps to be taken in the review process. The provisions of the 
regulations are outlined under the analysis of the State's submission 
below.
    On September 1, 1993, the TACB merged with the Texas Water 
Commission to form the Texas Natural Resource Conservation Commission 
(TNRCC) and is now called the Office of Air Quality within the TNRCC. 
The merger did not abrogate, void, or rescind any rules, regulations, 
Orders, permits, or any other action previously taken by the former 
TACB.

2. Components of Emission Statement Program

    There are several key general and specific components of an 
acceptable emission statement program. Specifically, the State must 
submit a revision to its SIP and the emission statement program must 
meet the minimum requirements for reporting by the sources and the 
State. In general, the program must include, at a minimum, provisions 
for applicability, definitions, compliance, and specific source 
requirements detailed below.

    A. SIP Revision Submission. Required within 2 years of enactment of 
the Clean Air Act Amendments of 1990 (CAAA) (November 15, 1990).
    B. Program Elements. The State emission statement program must, at 
a minimum, include provisions covering applicability of the 
regulations, definitions for key terms used in the regulations, a 
compliance schedule for sources covered by the regulations, and the 
specific reporting requirements for sources. The emission statement 
submitted by the source should contain, at a minimum, a certification 
that the information is accurate to the best knowledge of the 
individual certifying the statement, source identification information, 
operating information, process rate data, control equipment 
information, and emissions information. These elements are described in 
greater detail in section D of this document. EPA recommends that the 
State program require the submission of the data from the sources no 
later than April 15 of each year to insure that the State can meet the 
July 1 deadline for the submission of data into AIRS each year. The 
guidance document prepared by EPA provides a draft model State rule 
which can be used as the basis for the States to develop their program. 
The guidance document also provides suggested language for the specific 
program elements.
    C. Sources Covered. Section 182(a)(3)(B) requires that States with 
areas designated as nonattainment for ozone require emission statement 
data from sources of volatile organic compounds (VOC) or oxides of 
nitrogen (NOx) in the nonattainment areas. This requirement 
applies to all ozone nonattainment areas, regardless of the 
classification (Marginal, Moderate, etc.).

    The States may waive, with EPA approval, the requirement for 
emission statements for classes or categories of sources with less than 
25 tons per year of actual plant-wide NOx or VOC emissions in 
nonattainment areas if the class or category is included in the base 
year and periodic inventories and emissions are calculated using 
emission factors established by EPA (such as those found in EPA 
publication AP-42) or other methods acceptable to EPA. States should 
get clearance from the appropriate EPA Regional Office to waive the 
emission statement requirement for these smaller sources.
    D. Reporting Requirements for Sources. The State of Texas requires 
facilities to report on an emissions inventory questionnaire supplied 
by the State. Sources covered by the State emission statement program 
should submit, at a minimum, the following data elements:

1. Source identification information.
2. Operating information.
3. Process rate data.
4. Control equipment information.
5. Emissions information.

3. Review of the State's Emission Statement Regulations.

A. Applicability
    The applicability of the regulation to ozone nonattainment areas is 
documented in subsection (a) and (a)(1). The rule states that the owner 
or operator of the following stationary sources in the State of Texas 
or on waters that extend 25 miles from the shoreline shall submit 
emissions inventories to the Texas Air Control Board (TACB) on forms or 
other media approved by the TACB: a major facility/stationary source, 
as defined in Section 101.1 of this title (relating to definitions), 
and any stationary source in an ozone nonattainment area emitting a 
minimum of 10 tons per year (tpy) volatile organic compounds (VOC), 25 
tpy nitrogen oxides (NOx), or 100 tpy carbon monoxide (CO).
B. Types of Inventories
    There are two types of inventories identified in the regulation 
which are pertinent to emission statements. They are an initial 
emissions inventory and an ozone nonattainment area inventory.
    The requirement for initial emissions inventories is documented in 
subsection (b)(1). Stationary sources, as identified in subsection (a) 
of Section 101.10 shall submit an initial emissions inventory (IEI) for 
any criteria pollutant or hazardous air pollutant that has not been 
identified in a previous inventory. The IEI shall consist of actual 
emissions of VOC, NOx, CO, sulfur dioxide (SO2), lead (Pb), 
and particulate matter of less than 10 microns in diameter (PM10) 
from stationary sources and emissions of all hazardous air pollutants 
identified in the FCAA, Section 112(b). For purposes of this section, 
the term ``actual emission'' is the actual rate of emissions of a 
pollutant from an emissions unit for the calendar year or seasonal 
period. Actual emission estimates must also include excess emissions 
occurring during maintenance, start-ups, shut-downs, upsets, and 
downtime to parallel the documentation of these events in the emissions 
inventory and must follow emissions calculations identified in 
subsection (c) of section 101.10.
    The requirement for ozone nonattainment areas inventories is 
documented in subsection (b)(3). This subsection requires stationary 
sources in ozone nonattainment areas emitting a minimum of 10 TPY of 
VOC, 25 TPY of NOx, or 100 TPY of CO to submit an annual 
inventory. The inventory shall consist of actual annual emissions and 
typical weekday emissions that occur during the summer months.
C. Minimum Data Requirements
    The data requirements include a certifying statement, facility 
identification information, operating information, process rate data, 
control equipment information, and emissions information.
    The certifying statement is documented in subsection (d). A 
statement is required from the owner or operator to accompany the 
emission inventory certifying that the information is true and accurate 
to the best knowledge of the certifying official. The certification 
will include the name, title, signature, date of signature, and 
telephone number of the certifying official.
    The data requirements are contained in the questionnaire used by 
the State to gather emission statement data. The questionnaire is 
required from all facilities which must report emission statement data. 
A copy of the questionnaire and instructions for completion is 
contained in the Technical Support Document (TSD). Source data elements 
required by Texas through the questionnaire sent by the State to the 
facilities are:

1. Facility identification information.
a. Full name, physical location, and mailing address of facility.
b. Latitude and Longitude.
c. SIC code(s).

2. Operating information.
a. Percentage annual throughput by season.
b. Days per week during the normal operating schedule.
c. Hours per day during the normal operating schedule.
d. Hours per year during the normal operating schedule.

3. Process rate data.
a. Annual process rate (annual throughput).
b. Peak ozone season daily process rate (in nonattainment areas.

4. Control equipment information.
a. Current primary and secondary AIRS Facility System (AIRS) control 
equipment identification codes.
b. Current control equipment efficiency (percent).

5. Emissions information.
a. Estimated actual VOC and/or NOx emissions at the segment 
level, in tpy for an annual emission rate and pounds per day for a 
typical ozone season day (defined as the average or typical 
operating day during the peak ozone season). The instructions for 
completion of the questionnaire require that if either VOC or 
NOx is emitted at or above the designated level, the other 
pollutant must be included in the emission statement, even if it is 
emitted at levels below the specified cutoffs. Actual emission 
estimates must include upsets, downtime, and fugitive emissions, and 
must follow an emission estimation method. Emissions will be 
reported as one number.
b. AFS estimated emissions method code.
c. Emission factor (if emissions were calculated using an emissions 
factor).
D. Calculations
    Calculations of emissions are documented in subsection (c). The 
subsection specifies that actual measurement with continuous monitoring 
systems (CEMS) is the preferred method of calculating emissions from a 
point source. Other means of determining actual emissions may be 
utilized if CEMS data is not available in accordance with detailed 
instructions from the Emissions Inventory Division of the TACB.
E. Reporting Requirements
    The reporting requirements are documented in subsection (e). The 
reporting deadline for the 1992 ozone nonattainment area is March 31, 
1993. Subsequent emission statements are due on March 31 of each year 
and will contain data for the previous year.
F. Enforcement
    The enforcement requirements are documented in subsection (f). The 
State of Texas has included language in its regulation that permits the 
State to enforce the provisions of the regulation under all pertinent 
State enforcement authorities.
    All measures and other elements in the SIP must be enforceable by 
the State and EPA. The EPA criteria addressing the enforceability of 
SIPs and SIP revisions were stated in a September 23, 1987, memorandum 
(with attachments) from J. Craig Potter, Assistant Administrator for 
Air and Radiation, et al. (see 57 FR 13541 (April 16, 1992) (``Review 
of State Implementation Plans and Revisions for Enforceability and 
Legal Sufficiency'')). SIP provisions must also contain a program that 
provides for enforcement of the control measures and other elements in 
the SIP (see section 110(a)(2)(C)).
    The analysis of the Texas regulation shows that it adequately 
addresses all components of an emission statement program.
    In addition, the State has agreed to provide the EPA with emission 
statement data for the EPA AIRS through the State grants process and to 
provide quarterly status reports.

Final Action

    In today's action, the EPA is granting final approval of the Texas 
emission statement program as submitted. The EPA is publishing this 
action without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comments. 
However, in a separate document in this FR publication, the EPA is 
proposing to approve the SIP revision should adverse comments be 
received. Thus, this action will be effective October 25, 1994 unless, 
by September 26, 1994, notice is received that adverse or critical 
comments will be submitted.
    If such notice is received, this action will be withdrawn before 
the effective date by publishing a subsequent document which will 
withdraw the final action. All public comments will then be addressed 
in a subsequent final rule based on this action serving as a proposed 
rule. The EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no comments are received, the public is advised 
that this action will be effective October 25, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments of November 15, 1990. The EPA has determined that this 
action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, and in relation to relevant statutory and 
regulatory requirements.

Regulatory process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    The SIP approvals under section 110 and subchapter I, part D, of 
the CAA do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the Federal-State relationship 
under the CAA, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of State 
action. The CAA forbids the EPA to base its actions concerning SIPs on 
such grounds (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 
(S. Ct. 1976; 42 U.S.C. 7410(a)(2)).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 25, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for 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.

Executive Order 12866

    This action has been classified as a Table Two action by the 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225), as revised by an 
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. A future document will inform the 
general public of these tables. On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table Two and Table Three SIP 
revisions (54 FR 2222) from the requirements of section three of 
Executive Order 12291 for two years. The EPA has submitted a request 
for a permanent waiver for Table Two and Table Three SIP revisions. The 
OMB has agreed to continue the temporary waiver until such time as it 
rules on the EPA's request. This request continues in effect under 
Executive Order 12866, which superseded Executive Order 12291 on 
September 30, 1993.

List of Subjects in 40 CFR Part 52

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

    Note: Incorporation by reference of the SIP for the State of 
Texas was approved by the Director of the Federal Register on July 
1, 1982.

    Dated: July 27, 1994.
Allyn M. Davis,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-767lq.

Subpart SS--Texas

    2. Section 52.2270 is amended by adding paragraph (c)(82) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (82) A revision to the Texas SIP to include a new Texas Natural 
Resource Conservation Commission, Part III, Chapter 101, General Rules, 
section 101.10, Emission Inventory Requirements. In a concurrent 
action, the TNRCC repealed the existing section 101.10 concerning 
filing of emissions data. The new rule and the repealing of the old 
rule was submitted to the EPA on October 15, 1992, by the Governor, as 
a proposed revision to the SIP.
    (i) Incorporation by reference.
    (A) TNRCC, Part III, Chapter 101, General Rules, section 101.10, 
Emission Inventory Requirements, as adopted by the TNRCC on August 20, 
1992.
    (B) TNRCC Order No. 92-20, as adopted by the TNRCC on August 20, 
1992.
    (ii) Additional material.
    (A) TNRCC certification letter dated October 8, 1992, and signed by 
William R. Campbell, Executive Director, TNRCC.
[FR Doc. 94-21014 Filed 8-25-94; 8:45 am]
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