[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21144-21146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08331]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0100; FRL-9909-51-Region 6]


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.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (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) in 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 15, 2014.

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 8:30 a.m. 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.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD-L), telephone (214) 
665-2164, email [email protected].

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

Outline

I. Background
    A. What actions are we finalizing?
    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?
    C. What source categories are we addressing in this action?
    D. Are there any negative declarations associated with the VOC 
source categories in the HGB Area?
    E. Is Texas' approach to RACT determination for VOC 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 finalizing?

    We are finalizing our January 9, 2014 (79 FR 1612) proposal 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.
1. The June 13, 2007 Submittal
    The June 13, 2007 submittal concerns revisions to 30 TAC, Chapter 
115 Control of Air Pollution from Volatile Organic Compounds. 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). We approved selected revisions 
as meeting RACT under the 8-hour ozone NAAQS for some, but not all of 
the submitted industry source categories in the HGB Area, on April 2, 
2013 at 78 FR 19599. In our January 9, 2014 (79 FR 1612) proposal, we 
addressed additional source categories covered in this SIP submittal.
2. The April 6, 2010 Submittal
    In conjunction with the June 13, 2007 submittal, we are also 
finalizing our proposal to approve a part of the April 6, 2010 revision 
to the Texas SIP for VOC RACT purposes. Specifically, we find that 
Texas has met certain RACT requirements under section 182(b). For more 
information on RACT evaluation for the HGB Area see section B of the 
January 9, 2014 (79 FR 1612) proposal.

B. When did the public comment period expire?

    The public comment period for the January 9, 2014 (79 FR 1612) 
proposal expired on February 10, 2014.

II. Evaluation

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

    Comment: An individual commented that pollution has to stop at the 
source, there should be zero waste, and the polluter has to pay.
    Response: EPA is not aware of a reasonably available and 
technologically feasible method to achieve zero waste for the source 
categories identified in Table 1 of the January 9, 2014 (79 FR 1612) 
proposal. The commenter did not provide any information to this effect, 
and no contact information was made available by the commenter in order 
for EPA to pursue an inquiry regarding

[[Page 21145]]

existence of such control technology. Furthermore, section 113 of the 
CAA provides for the enforcement and compliance of applicable emission 
requirements with which a source will need to comply.
    No change to the proposal is made as a result of this comment.

B. What is TCEQ's approach and analysis to RACT?

    As stated in the January 9, 2014 (79 FR 1612) proposal, under 
sections 182(b)(2)(A) and (B) states must ensure RACT is in place for 
each source category for which EPA issued a Control Techniques 
Guidelines (CTG), and for any major source not covered by 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 its April 6, 2010 submittal. The TCEQ 
conducted its analysis by: (1) Identifying all categories of CTG and 
major non-CTG sources of VOC emissions within the HGB Area; (2) Listing 
the state regulation that implements or exceeds RACT requirements for 
that CTG or non-CTG category; (3) Detailing the basis for concluding 
that these regulations fulfill RACT through comparison with established 
RACT requirements described in the CTG guidance documents and rules 
developed by other state and local agencies; and (4) Submitting 
negative declarations when there are no CTG or major Non-CTG sources of 
VOC emissions within the HGB Area.

C. What source categories are we addressing in this action?

    Table 1 of the January 9, 2014 (79 FR 1612) proposal contained a 
list of VOC source categories and their corresponding sections of 30 
TAC Chapter 115 to fulfill the applicable RACT requirements under 
section 182(b) of the Act.

                   Table 1--CTG Source Categories and Their Corresponding Texas VOC RACT Rules
----------------------------------------------------------------------------------------------------------------
      Source category in HGB area               CTG reference document           Chapter 115,  fulfilling RACT
----------------------------------------------------------------------------------------------------------------
Aerospace..............................  Control of Volatile Organic Compound  Sec.  Sec.   115.420-429.
                                          Emissions from Coating Operations
                                          at Aerospace Manufacturing and
                                          Rework Operations.
Surface coating for insulation of        Control of Volatile Organic           Sec.  Sec.   115.420-429.
 magnets.                                 Emissions from Existing Stationary
                                          Sources--Volume IV: Surface Coating
                                          of Insulation of Magnet Wire.
Surface coating of coils...............  Surface Coating of Cans, Coils,       Sec.  Sec.   115.420-429.
                                          Paper, Fabrics, Automobiles, and
                                          Light-Duty Trucks.
Surface coating of fabrics.............  Surface Coating of Cans, Coils,       Sec.  Sec.   115.420-429.
                                          Paper, Fabrics, Automobiles, and
                                          Light-Duty Trucks.
Surface coating of cans................  Surface Coating of Cans, Coils,       Sec.  Sec.   115.420-429.
                                          Paper, Fabrics, Automobiles, and
                                          Light-Duty Trucks.
Use of cutback asphalt.................  Control of Volatile Organic           Sec.  Sec.   115.510-519.
                                          Emissions from Use of Cutback
                                          Asphalt.
Wood furniture.........................  Control of Volatile Organic Compound  Sec.  Sec.   115.420-429.
                                          Emissions from Wood Furniture
                                          Manufacturing Operations.
Large petroleum dry cleaners...........  Control of Volatile Organic Compound  Sec.  Sec.   115.552-559.
                                          Emissions from Large Petroleum Dry
                                          Cleaners.
----------------------------------------------------------------------------------------------------------------

D. Are there any negative declarations associated with the VOC source 
categories in the HGB Area?

    Yes, Texas has declared that there are no Fiberglass Boat 
Manufacturing Materials Operations, Leather Tanning and Finishing 
Operations, Surface Coating for Flat Wood Paneling Operations, 
Letterpress Printing, Automobile and Light-Duty Truck Assembly Coating 
Operations, and Vegetable Oil Manufacturing Operations that are major 
sources in the HGB Area. Previously, we have approved a negative 
declaration for the Rubber Tire Manufacturing Operations in the HGB 
Area. As such, TCEQ does not have to adopt VOC regulations relevant to 
these source categories at this time for the HGB Area.

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

    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 requirements. We find the Texas RACT determination to be 
acceptable. Based upon our evaluation, we find that Texas has RACT-
level controls in place for all required sources for the HGB Area under 
the 1997 8-Hour ozone standard.

III. Final Action

    Today, we are approving the proposal to find that with respect to 
the VOC source categories identified in Table 1 of the January 9, 2014 
(79 FR 1612) proposal, Texas has RACT-level controls in place for the 
HGB Area under the 1997 8-Hour ozone standard. We are also approving 
the negative declarations as explained in section II(D) of this action. 
The EPA had previously approved RACT for VOC and NOX into 
Texas' SIP under the 1-Hour ozone standard.

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);

[[Page 21146]]

     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, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: April 1, 2014.
Samuel Coleman,
Acting 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 two entries at the end to read 
as follows:


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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
VOC RACT negative declaration     Brazoria,           April 6, 2010.
 for Fiberglass Boat               Chambers, Fort
 Manufacturing Materials,          Bend, Galveston,
 Leather Tanning and Finishing,    Harris, Liberty,
 Surface Coating for Flat Wood     Montgomery and
 Paneling, Letterpress Printing,   Waller Counties,
 Automobile and Light-Duty Truck   TX.
 Assembly Coating, Rubber Tire
 Manufacturing, and Vegetable
 Oil Manufacturing Operations.
VOC RACT finding for the 1997 8-  Brazoria,           April 6, 2010.....  April 15, 2014
 hour ozone NAAQS, except for      Chambers, Fort                          [Insert FR page
 the 2006-2010 EPA-issued CTG      Bend, Galveston,                        number where
 series.                           Harris, Liberty,                        document begins].
                                   Montgomery and
                                   Waller Counties,
                                   TX.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-08331 Filed 4-14-14; 8:45 am]
BILLING CODE 6560-50-P