[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16291-16296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06847]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0804; FRL-9925-13-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.

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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) and Dallas Fort Worth 
(DFW) 1997 8-Hour ozone nonattainment areas. The HGB area consists of 
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery 
and Waller counties. The DFW area consists of Collin, Dallas,

[[Page 16292]]

Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant 
counties. Specifically, we are approving portions of multiple revisions 
to the Texas SIP submitted by the Texas Commission on Environmental 
Quality (TCEQ) as meeting Reasonably Available Control Technology 
(RACT) requirements. The RACT requirements apply to sources of Volatile 
Organic Compounds (VOC) and Oxides of Nitrogen (NOx) in these areas. 
This action is in accordance with the federal Clean Air Act (the Act, 
CAA).

DATES: This rule will be effective on April 27, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2013-0804. 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.

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

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

Outline

I. Background
II. Public Comments
III. Submittals
IV. Negative Declarations
V. Final Actions
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On January 21, 2014 (80 FR 2846) we proposed to approve revisions 
to the Texas SIP that the TCEQ submitted to EPA in multiple RACT-
related rule revisions dated December 6, 2013, January 17, 2012, June 
13, 2007, as well as the RACT analysis portions of attainment 
demonstration plans of January 17, 2012, April 6, 2010, and June 13, 
2007 for the DFW and HGB areas. Details of these submittals and their 
evaluation were explained in our proposal, and its corresponding 
Technical Supporting Document. A summary of these submittals is 
described in section III.
    On August 4, 2014 (79 FR 45105) we approved RACT for the Offset 
Lithographic Printing Operations in the DFW (Serious) and HGB (Severe) 
areas. See docket No. EPA-R06-OAR-2010-0332 at www.regulations.gov. 
Also, on September 9, 2014 (79 FR 53299) we approved revisions to 30 
TAC Chapter 115 for control of VOC emissions for storage tanks in the 
DFW (Serious) and HGB (Severe) areas. See docket No. EPA-R06-OAR-2012-
0096 at www.regulations.gov.

II. Public Comments

    The public comment period for the January 21, 2015 (80 FR 2846) 
proposal expired on February 20, 2015, and we did not receive any 
comments on the proposed actions during this period. Therefore, we are 
approving the January 21, 2015 (80 FR 2846) proposal without any 
changes into the Texas SIP.

III. Submittals

    The December 6, 2013 submittal concerned rule revisions to 30 TAC, 
Chapter 115 Control of Air Pollution from Volatile Organic Compounds 
for solvent using processes and surface coating application systems. We 
are approving all of this submittal into the Texas SIP.
    The January 17, 2012 submittal concerned rule revisions to 30 TAC, 
Chapter 115 Control of Air Pollution from Volatile Organic Compounds 
intended to implement RACT for both HGB and DFW areas. The submittal 
will limit VOC content of coatings and solvents used in Flexible 
Package Printing, Industrial Cleaning Solvents, Large Appliance 
Coatings, Metal Furniture Coatings, Paper, Film, and Foil Coatings, 
Miscellaneous Industrial Adhesives, Automobile and Light-Duty Truck 
Assembly Coatings, and Miscellaneous Metal and Plastic Parts Coatings 
operations. We are approving all of this submittal into the Texas SIP.
    Another submittal also dated January 17, 2012 contained a 
corresponding analysis to demonstrate RACT is in place for multiple 
source categories in the HGB area. We are approving that RACT is in 
place for the source categories listed in the paragraph above, and we 
are approving the Flexographic and Rotogravure Printing sector for the 
HGB area of the RACT-related rule revisions which had not been 
previously approved.
    A third SIP submittal dated January 17, 2012 contained RACT 
analysis for the DFW area. As a result of this submittal, and 
consistent with section 182(c) of the Act, the VOC or NOx major source 
threshold in the DFW area is lowered to 50 Tons Per Year (TPY) from 100 
TPY for RACT purposes under the 1997 8-Hour ozone standard. See EPA-
R06-OAR-2012-0098 at www.regulations.gov. We are approving the RACT 
analysis portion of this submittal.
    The April 6, 2010 attainment demonstration submittal, among other 
things, concerned revisions to 30 TAC, Chapter 115 Control of Air 
Pollution from Volatile Organic Compounds for control of ozone 
pollution in the HGB area. Appendix D of this attainment demonstration 
plan was titled ``Reasonably Available Control Technology Analysis,'' 
and included source categories affected by the newly EPA-issued Control 
Techniques Guidelines (CTGs), and NOx emissions sources. We are 
approving the RACT analysis portion of this submittal.
    The June 13, 2007 attainment demonstration submittal concerned 
revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile 
Organic Compounds. 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 B of the submittal). We are approving the 
RACT analysis portion of this submittal.
    The submittals concerning these nonattainment areas are available 
at www.regulations.gov, docket ID No. EPA-R06-OAR-2013-0804 under the 
``supporting and related materials.''
    We are approving the above-mentioned revisions, as well as 
confirming the RACT finding for revisions previously approved for 
Texas, into the Texas SIP. We are approving Texas' RACT analysis as 
meeting the RACT requirements for all affected VOC and NOx sources for 
the DFW and HGB areas for the 1997 8-Hour ozone standard.

IV. Negative Declarations

    The January 21, 2015 (80 FR 2846) proposal included a list of 
source categories that do not operate within these nonattainment areas.
    For the DFW area, Texas declared that there were no fiberglass boat 
manufacturing materials, ship building and ship repair coating, leather 
tanning and finishing, surface coating for flat wood paneling, 
vegetable oil manufacturing, plywood veneer dryers,

[[Page 16293]]

rubber tire manufacturing, and batch processes operations. We are 
approving the VOC RACT negative declaration for these operations in the 
DFW area.
    For the HGB area, on April 15, 2014 (79 FR 21144), we approved the 
VOC RACT negative declarations for fiberglass boat manufacturing 
materials, leather tanning and finishing, surface coating for flat wood 
paneling, letterpress printing, automobile and light-duty truck 
assembly coating, rubber tire manufacturing, and vegetable oil 
manufacturing operations. See 40 CFR 52.2270(e).
    However, if a major source of these categories locates in these 
nonattainment areas in future, then TCEQ will need to take appropriate 
regulatory measures.

V. Final Actions

    We are approving rule revisions to sections 30 TAC chapter 115.422, 
115.427, 115.429, 115.430, 115.432, 115.433, 115.435, 115.436, and 
115.439 implementing controls on the following source categories: Flat 
Wood Paneling Coatings, Flexible Packaging Printing Materials, 
Industrial Cleaning Solvents, Offset Lithographic and Letterpress 
Printing, Large Appliance Coatings, Metal Furniture Coatings, Paper, 
Film, and Foil Coatings, Auto and Light-Duty Truck Assembly Coatings, 
Fiberglass Boat Manufacturing Materials, Miscellaneous Industrial 
Adhesives, and Miscellaneous Metal and Plastic Parts Coatings.
    We are approving new sections 30 TAC chapter 115.431, 115.450, 
115.451, 115.453-115.455, 115.458-115.461, 115.463-115.465, 115.468-
115.471, 115.473-115.475, 115.478, and 115.479 implementing controls on 
the source categories listed above.
    We are approving repeal of section 30 TAC chapter 115.437.
    We are approving to find that for VOC CTG categories identified 
above, Texas has RACT-level controls in place for the HGB and DFW areas 
under the 1997 8-Hour ozone standard.
    We are approving to find that Texas has RACT-level controls in 
place for the Flexographic and Rotogravure Printing operations for the 
HGB area.
    We are approving the negative declarations as explained in section 
IV of this action.
    We are approving NOx RACT for the DFW area under the 1997 8-Hour 
ozone standard.
    In consideration of the above rule revisions, as well as the rule 
revisions previously approved and the rules in 30 TAC Chapters 115 and 
117, we are approving that, Texas is implementing RACT for all affected 
VOC and NOx sources in the HGB and DFW areas under the 1997 8-Hour 
ozone standard.
    We are approving these revisions in accordance with sections 110, 
182, and 183 of the federal CAA.
    The EPA had previously approved RACT for all affected NOx sources 
for the HGB area under the 1997 8-Hour ozone standard.
    The EPA had previously approved RACT for all affected VOC and NOx 
sources into Texas' SIP under the 1-Hour ozone standard.

VI. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.4, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulation.gov, Docket 
ID. No. EPA-R06-OAR-2013-0804.

VII. 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 final action approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this final 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
     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.
    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 May 26, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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).)

    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: March 16, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.

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

[[Page 16294]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 Sec.  52.2270:
0
a. In paragraph (c), the table is amended under Chapter 115 (Reg 5) as 
follows:
0
i. Revising the entries for Sections 115.422, 115.427, and 115.429 
under ``Subchapter E--Solvent Using--Process,'' ``Division 2: Surface 
Coating Processes''.
0
ii. Adding new entry for Section 115.431 in numerical order under 
``Subchapter E--Solvent Using--Process,'' ``Division 3: Flexographic 
and Rotogravure Printing''.
0
iii. Removing the entry for Section 115.437 under ``Subchapter E--
Solvent Using--Process,'' ``Division 3: Flexographic and Rotogravure 
Printing''.
0
iv. Revising the entries for Sections 115.430, 115.432, 115.433, 
115.435, 115.436, and 115.439 under ``Subchapter E--Solvent Using--
Process,'' ``Division 3: Flexographic and Rotogravure Printing''.
0
v. Adding new entries for Sections 115.450, 115.451, 115.453, 115.454, 
115.455, 115.458, 115.459 under ``Subchapter E--Solvent Using--
Process,'' ``Division 5: Control Requirements for Surface Coating 
Processes''.
0
vi. Adding new entries for Sections 115.460, 115.461, 115.463, 115.464, 
115.465, 115.468, and 115.469, under ``Subchapter E--Solvent Using--
Process,'' ``Division 6: Industrial Cleaning Solvents''.
0
vii. Adding new entries for Sections 115.470, 115.471, 115.473, 
115.474, 115.475, 115.478, and 115.479 under ``Subchapter E--Solvent 
Using--Process,'' ``Division 7: Miscellaneous Industrial Adhesives''.
0
b. In paragraph (e), the table titled ``EPA approved nonregulatory 
provisions and quasi-regulatory measures in the Texas SIP'' is amended 
by adding four new entries at the end.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                       State approval/
         State citation              Title/Subject     submittal date    EPA Approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Subchapter E--Solvent-Using Processes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Division 2: Surface Coating Processes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 115.422.................  Control                    01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
 
                                                  * * * * * * *
Section 115.427.................  Exemptions.........        01/17/12  3/27/15 [Insert FR
                                                                        citation].
Section 115.429.................  Counties and               01/17/12  3/27/15 [Insert FR
                                   Compliance                           citation].
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                Division 3: Flexographic and Rotogravure Printing
----------------------------------------------------------------------------------------------------------------
Section 115.430.................  Applicability and          01/17/12  3/27/15 [Insert FR
                                   Definitions.                         citation].
Section 115.431.................  Exemptions.........        01/17/12  3/27/15 [Insert FR
                                                                        citation].
Section 115.432.................  Control                    01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.433.................  Alternate Control          01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.435.................  Testing                    01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.436.................  Monitoring and             01/17/12  3/27/15 [Insert FR
                                   Recordkeeping                        citation].
                                   Requirements.
Section 115.439.................  Counties and               01/17/12  3/27/15 [Insert FR
                                   Compliance                           citation].
                                   Schedules.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Division 5: Control Requirements for Surface Coating Processes
----------------------------------------------------------------------------------------------------------------
Section 115.450.................  Applicability and          01/17/12  3/27/15 [Insert FR
                                   Definitions.                         citation].
Section 115.451.................  Exemptions.........        01/17/12  3/27/15 [Insert FR
                                                                        citation].
Section 115.453.................  Control                     12/6/13  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.454.................  Alternate Control          01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.455.................  Approved Test              01/17/12  3/27/15 [Insert FR
                                   Methods and                          citation].
                                   Testing
                                   Requirements.

[[Page 16295]]

 
Section 115.458.................  Monitoring and             01/17/12  3/27/15 [Insert FR
                                   Recordkeeping                        citation].
                                   Requirements.
Section 115.459.................  Compliance                 01/17/12  3/27/15 [Insert FR
                                   Schedules.                           citation].
----------------------------------------------------------------------------------------------------------------
                                    Division 6: Industrial Cleaning Solvents
----------------------------------------------------------------------------------------------------------------
Section 115.460.................  Applicability and          01/17/12  3/27/15 [Insert FR
                                   Definitions.                         citation].
Section 115.461.................  Exemptions.........        01/17/12  3/27/15 [Insert FR
                                                                        citation].
Section 115.463.................  Control                    01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.464.................  Alternate Control          01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.465.................  Approved Test              01/17/12  3/27/15 [Insert FR
                                   Methods and                          citation].
                                   Testing
                                   Requirements.
Section 115.468.................  Monitoring and             01/17/12  3/27/15 [Insert FR
                                   Recordkeeping                        citation].
                                   Requirements.
Section 115.469.................  Compliance                 01/17/12  3/27/15 [Insert FR
                                   Schedules.                           citation].
----------------------------------------------------------------------------------------------------------------
                                 Division 7: Miscellaneous Industrial Adhesives
----------------------------------------------------------------------------------------------------------------
Section 115.470.................  Applicability and          01/17/12  3/27/15 [Insert FR
                                   Definitions.                         citation].
Section 115.471.................  Exemptions.........        01/17/12  3/27/15 [Insert FR
                                                                        citation].
Section 115.473.................  Control                    01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.474.................  Alternate Control          01/17/12  3/27/15 [Insert FR
                                   Requirements.                        citation].
Section 115.475.................  Approved Test              01/17/12  3/27/15 [Insert FR
                                   Methods and                          citation].
                                   Testing
                                   Requirements.
Section 115.478.................  Monitoring and             01/17/12  3/27/15 [Insert FR
                                   Recordkeeping                        citation].
                                   Requirements.
Section 115.479.................  Compliance                 01/17/12  3/27/15 [Insert FR
                                   Schedules.                           citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State approval/
     Name of SIP provision        Applicable  geographic     submittal     EPA Approval date       Comments
                                  or non-attainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
NOX RACT finding for the 1997 8- Collin, Dallas, Denton,        01/17/12  3/27/15 [Insert FR  DFW as Moderate
 hour ozone NAAQS.                Tarrant, Ellis,                          citation].          and Serious.
                                  Johnson, Kaufman,
                                  Parker, and Rockwall
                                  Counties, TX.
VOC RACT finding of negative     Collin, Dallas, Denton,        01/17/12  3/27/15 [Insert FR  DFW as Moderate
 declaration for Fiberglass       Tarrant, Ellis,                          citation].          and Serious.
 Boat Manufacturing Materials,    Johnson, Kaufman,
 Ship Building and Ship Repair    Parker, and Rockwall
 Coating, Leather Tanning and     Counties, TX.
 Finishing, Surface Coating for
 Flat Wood Paneling, Vegetable
 Oil Manufacturing, Letterpress
 Printing, Plywood Veneer
 Dryers, Rubber Tire
 Manufacturing, and Batch
 Processes Operations.
VOC RACT finding for all         Collin, Dallas, Denton,        01/17/12  3/27/15 [Insert FR  DFW as Moderate
 sectors under the 1997 8-hour    Tarrant, Ellis,                          citation].          and Serious.
 ozone NAAQS, including the       Johnson, Kaufman,
 2006-2008 EPA-issued CTG         Parker, and Rockwall
 series and non-CTG major         Counties, TX.
 sources.
VOC RACT finding for all         Brazoria, Chambers,            01/17/12  3/27/15 [Insert FR  HGB as Severe.
 sectors under the 1997 8-hour    Fort Bend, Galveston,                    citation].
 ozone NAAQS, including the       Harris, Liberty,
 2006-2008 EPA-issued CTG         Montgomery and Waller
 series and non-CTG major         Counties, TX.
 sources.
----------------------------------------------------------------------------------------------------------------


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[FR Doc. 2015-06847 Filed 3-26-15; 8:45 am]
 BILLING CODE 6560-50-P