[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Proposed Rules]
[Pages 62003-62008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26122]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0864; FRL-9935-67-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Infrastructure and Interstate Transport for the 2008 Lead
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Federal Clean Air Act (CAA) the Environmental
Protection Agency (EPA) is proposing to approve a State Implementation
Plan (SIP) submission from the State of Texas for the 2008 Lead (Pb)
National Ambient Air Quality Standards (NAAQS). The submittal addresses
how the existing SIP provides for implementation, maintenance, and
enforcement of the 2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-
SIP ensures that the State's SIP is adequate to meet the state's
responsibilities under the CAA, including the four CAA requirements for
interstate transport of Pb emissions.
DATES: Written comments must be received on or before November 16,
2015.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R06-OAR-2011-0864, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Tracie Donaldson at [email protected].
Mail or delivery: Mary Stanton, Chief, Air Grants Section
(6PD-S), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733. Deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0864. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit electronically any information
that you consider to be CBI
[[Page 62004]]
or other information whose disclosure is restricted by statute. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. 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 information on submitting comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, telephone 214-665-
6633, [email protected]. To inspect the hard copy materials,
please schedule an appointment with her or Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On October 5, 1978, we published the first NAAQS for lead (Pb) (43
FR 46246). Both the primary and secondary standards were set at 1.5
micrograms per cubic meter ([micro]g/m\3\). In 2008, following a
periodic review of the NAAQS for lead, we revised the NAAQS to 0.15
[micro]g/m\3\ for both the primary and secondary standards (73 FR
66964, November 13, 2008). For more information on these standards,
please see the Technical Support Document (TSD) and EPA Web site http://epa.gov/airquality/lead.
Each state must submit an i-SIP within three years after the
promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA
includes a list of specific elements the i-SIP must meet. On October
14, 2011, the EPA issued guidance addressing the i-SIP elements for
NAAQS.\1\ The Chairman of the Texas Commission on Environmental Quality
(TCEQ) submitted an i-SIP revision on October 14, 2011 to address this
revised NAAQS for Pb and a separate September 14, 2011 SIP submission
that addresses the interstate transport of Pb emissions.
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\1\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) for
the 2008 Pb NAAQS,'' Memorandum from Stephen D. Page, October 14,
2011, http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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EPA is proposing approval of the Texas i-SIP submittals for the
2008 Pb NAAQS \2\ as meeting the requirements for an i-SIP, including
the requirements for interstate transport of Pb emissions.
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\2\ Additional information on: The history of Pb, its levels,
forms and, determination of compliance; EPA's approach for reviewing
i-SIPs; the details of the SIP submittal and EPA's evaluation; the
effect of recent court decisions on i-SIPs; the statute and
regulatory citations in the Texas SIP specific to this review; the
specific i-SIP applicable CAA and EPA regulatory citations; Federal
Register Notice citations for Texas SIP approvals; Texas' minor New
Source Review program and EPA approval activities; and Texas'
Prevention of Significant Deterioration (PSD) program can be found
in the Technical Support Document (TSD).
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II. EPA's Evaluation of the Texas' i-SIP and Interstate Transport
Submittals
The TCEQ submittals on September 14, 2011 and October 14, 2011
provided a demonstration of how the existing Texas SIP met all the
requirements of the 2008 Pb NAAQS. These SIP submittals became complete
by operation of law on March 14, 2012, and April 14, 2012, respectively
pursuant to CAA section 110(k)(1)(B). Below is a summary of EPA's
evaluation of the Texas i-SIP for each applicable element of CAA
110(a)(2) A-M.
(A) Emission limits and other control measures: The SIP must
include enforceable emission limits and other control measures, means
or techniques, schedules for compliance and other related matters as
needed to implement, maintain and enforce each of the NAAQS.\3\
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\3\ The specific nonattainment area plan requirements of section
110(a)(2)(I) are subject to the timing requirements of section 172,
not the timing requirement of section 110(a)(1). Thus, section
110(a)(2)(A) does not require that states submit regulations or
emissions limits specifically for attaining the 2008 Pb NAAQS. Those
SIP provisions are due as part of each state's attainment plan, and
will be addressed separately from the requirements of section
110(a)(2)(A). In the context of an infrastructure SIP, EPA is not
evaluating the existing SIP provisions for this purpose. Instead,
EPA is only evaluating whether the state's SIP has basic structural
provisions for the implementation of the NAAQS.
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The Texas Clean Air Act (TCAA) provides the TCEQ, its Chairman, and
its Executive Director with broad legal authority. They can adopt
emission standards and compliance schedules applicable to regulated
entities; emission standards and limitations and any other measures
necessary for attainment and maintenance of national standards; enforce
applicable laws, regulations, standards and compliance schedules; and
seek injunctive relief. This authority has been employed in the past to
adopt and submit multiple revisions to the Texas State Implementation
Plan. The approved SIP for Texas is documented at 40 CFR part 52.1620,
Subpart SS.\4\ TCEQ's air quality rules and standards are codified at
Title 30, Part 1 of the Texas Administrative Code (TAC). Numerous parts
of the regulations codified into 30 TAC necessary for implementing and
enforcing the NAAQS have been adopted into the SIP.\5\
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\4\ http://www.ecfr.gov/cgi-bin/text-idx?SID=64943a7422504656d8d72e9d6f87f177&mc=true&node=sp40.5.52.ss&rgn=div6.
\5\ See the TSD page 4 for additional information.
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(B) Ambient air quality monitoring/data system: The SIP must
provide for establishment and implementation of ambient air quality
monitors, collection and analysis of monitoring data, and providing
such data to EPA upon request.
The TCAA provides the authority allowing the TCEQ to collect air
monitoring data, quality-assure the results, and report the data. TCEQ
maintains and operates a Pb-monitoring network to measure ambient
levels of Pb in accordance with EPA regulations which specify siting
and monitoring requirements. All monitoring data is measured using EPA
approved methods and subject to the EPA quality assurance requirements.
TCEQ submits all required data to EPA, following the EPA regulations.
The Texas statewide monitoring network was initially approved into the
SIP (37 FR 10842, 10895), was revised on March 7, 1978 (43 FR 9275),
and it undergoes annual
[[Page 62005]]
review by EPA.\6\ In addition, TCEQ conducts a recurrent assessment of
its monitoring network every five years, which includes an evaluation
of the need to conduct ambient monitoring for Pb, as required by EPA
rules. The most recent of these 5-year monitoring network assessments
was approved by EPA in December 2010.\7\ The TCEQ Web site provides the
monitor locations and posts past and current concentrations of criteria
pollutants measured in the State's network of monitors.\8\
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\6\ A copy of the 2014 Annual Air Monitoring Network Plan and
EPA's approval letter are included in the docket for this proposed
rulemaking.
\7\ A copy of TCEQ's 2010 5-year ambient monitoring network
assessment and EPA's approval letter are included in the docket for
this proposed rulemaking.
\8\ see http://www.tceq.texas.gov/airquality/monops/sites/mon_sites.html and http://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=home.welcome
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(C) Program for enforcement: The SIP must include the following
three elements: (1) A program providing for enforcement of the measures
in paragraph A above; (2) a program for the regulation of the
modification and construction of stationary sources as necessary to
protect the applicable NAAQS (i.e., state-wide permitting of minor
sources); and (3) a permit program to meet the major source permitting
requirements of the CAA (for areas designated as attainment or
unclassifiable for the NAAQS).\9\
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\9\ As discussed in further detail in the TSD beginning on page
6.
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(1) Enforcement of SIP Measures. As noted in (A), the TCAA provides
authority for the TCEQ, its Chairman, and its Executive Director to
enforce the requirements of the TCAA, and any regulations, permits, or
final compliance orders. These statutes also provide the TCEQ, its
Chairman, and its Executive Director with general enforcement powers.
Among other things, they can file lawsuits to compel compliance with
the statutes and regulations; commence civil actions; issue field
citations; conduct investigations of regulated entities; collect
criminal and civil penalties; develop and enforce rules and standards
related to protection of air quality; issue compliance orders; pursue
criminal prosecutions; investigate, enter into remediation agreements;
and issue emergency cease and desist orders. The TCAA also provides
additional enforcement authorities and funding mechanisms.
(2) Minor New Source Review (NSR). The SIP is required to include
measures to regulate construction and modification of stationary
sources to protect the NAAQS. The Texas minor NSR permitting
requirements are approved as part of the SIP.\10\
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\10\ EPA is not proposing to approve or disapprove the existing
Texas minor NSR program to the extent that it may be inconsistent
with EPA's regulations governing this program. EPA has maintained
that the CAA does not require that new infrastructure SIP
submissions correct any defects in existing EPA-approved provisions
of minor NSR programs in order for EPA to approve the infrastructure
SIP for element C (e.g., 76 FR 41076-41079). EPA believes that a
number of states may have minor NSR provisions that are contrary to
the existing EPA regulations for this program. The statutory
requirements of section 110(a)(2)(C) provide for considerable
flexibility in designing minor NSR programs.
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(3) Prevention of Significant Deterioration (PSD) permit program.
The Texas PSD portion of the SIP covers all NSR regulated pollutants as
well as the requirements for the 2008 Pb NAAQS and has been approved by
EPA (79 FR 66626, November 10, 2014).\11\
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\11\ As discussed further in the TSD
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(D) Interstate and international transport: The statue requires
that the SIP contain adequate provisions prohibiting Pb emissions to
other states which will (1) contribute significantly to nonattainment
of the NAAQS, (2) interfere with maintenance of the NAAQS, (3)
interfere with measures required to prevent significant deterioration
or (4) interfere with measures to protect visibility (CAA
110(a)(2)(D)(i)).
With respect to significant contribution to nonattainment or
interference with maintenance of the Pb NAAQS, the physical properties
of Pb, which is a metal and very dense, prevent Pb emissions from
experiencing a significant degree of travel in the ambient air. No
complex chemistry is needed to form Pb or Pb compounds in the ambient
air; therefore, ambient concentrations of Pb are typically highest near
Pb sources. More specifically, there is a sharp decrease in ambient Pb
concentrations as the distance from the source increases. According to
EPA's report entitled Our Nation's Air: Status and Trends Through
2010,\12\ Pb concentrations that are not near a source of Pb are
approximately 8 times less than the typical concentrations near the
source.\13\ For these reasons, EPA believes that the interstate
transport requirements pertaining to significant contribution to
nonattainment or interference with maintenance of the Pb NAAQS can be
satisfied through a state's assessment as to whether a lead source
located within its state in close proximity to a state border has
emissions that contribute significantly to the nonattainment in or
interfere with maintenance of the NAAQS in the neighboring state.
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\12\ http://www.epa.gov/airtrends/2011/.
\13\ http://www.epa.gov/airtrends/2011/report/fullreport.pdf.
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Texas submitted a separate SIP submission addressing the interstate
transport provisions of subsection (2)(D)(i)(I), in which air
dispersion modeling was conducted for seven operational sources in the
state of Texas with the highest reported emissions of Pb in calendar
year 2008: Fort Hood near Killeen; Oxbow Carbon in Port Arthur; ASARCO
Refining near Amarillo; ECS Refining in Terrell; Exide Technologies in
Frisco; Coleto Creek Power Station near Fannin; and the San Miguel
Electric Cooperative near Christine. Two of these sources, Coleto Creek
and San Miguel, reported emissions of Pb between 0.5 and 1.0 tons in
2008, and the remaining five sources reported emissions equal to or
exceeding 1.0 ton. The modeled lead emissions from Coleto Creek and San
Miguel each result in ambient concentrations of less than 1% of the
level of the 2008 Pb NAAQS and indicate that there will be no impact on
surrounding states. The Fort Hood and Oxbow model results predict
levels of less than 15% of the NAAQS. For Exide Technologies, ECS
Refining, and ASARCO Refining, the predicted concentrations dropped to
below half the level of the NAAQS within 2 kilometers of the property
line. For more detailed information on these modeling results, see the
TSD and the Interstate Transport SIP submission in the docket for this
rulemaking.
The Frisco Texas area is the one area within the state of Texas
that is designated as nonattainment with respect to the 2008 Pb NAAQS.
Exide Technologies battery recycling center was the sole contributing
source responsible for the ambient Pb concentrations that led to the
nonattainment designation. However, the source has been permanently
shut down. During calendar year 2011 there were eight significant
sources of Pb emissions within Texas that reported Pb emissions in
amounts approximately equal to or exceeding 0.5 tons per year,
including the aforementioned Exide Technologies in Frisco; however,
none of these sources of Pb emissions are located within two miles of a
neighboring state line. Total reported Pb emissions within Texas in
2011 were 31.2 tons,\14\ and most of the Pb-emitting sources within the
state are general aviation airports where aviation gasoline containing
tetra-ethyl lead is
[[Page 62006]]
still in use by propeller-driven aircraft. Therefore, EPA finds that
Texas has presumptively satisfied the requirements of subsection
(2)(D)(i)(I).
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\14\ See the TSD and the docket for this rulemaking for more
detailed information on Pb-emitting sources in Texas and the Pb
emissions reported in calendar year 2011.
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The necessary provisions under section 110(a)(2)(D)(i)(II) are
contained in the PSD portion of the SIP, as discussed with respect to
element (C) above. With regard to the applicable requirements for
visibility protection of visibility under subsection (2)(D)(i)(II),
significant impacts from Pb emissions from stationary sources are
expected to be limited to short distances from emitting sources and
most, if not all, stationary sources of Pb emissions are located at
sufficient distances from Class I areas such that visibility impacts
would be negligible. Although Pb can be a component of coarse and fine
particles, Pb generally comprises only a small fraction these
particles. A recent EPA study conducted to evaluate the extent that Pb
could impact visibility concluded that Pb-related visibility impacts at
Class I areas were found to be insignificant (e.g., less than 0.10%
contribution).\15\
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\15\ Analysis by Mark Schmidt, OAQPS, ``Ambient Pb's
Contribution to Class I Area Visibility Impairment,'' June 17, 2011.
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The Texas SIP includes provisions that satisfy the CAA interstate
pollution abatement requirements of 110(a)(2)(D)(i)(II). There are no
findings by EPA that air emissions originating in Texas affect other
countries. Therefore, we propose to approve the portion of the Texas
SO2 i-SIP pertaining to CAA section 110(a)(2)(D)(ii).
(E) Adequate authority, resources, implementation, and oversight:
The SIP must provide for the following: (1) Necessary assurances that
the state (and other entities within the state responsible for
implementing the SIP) will have adequate personnel, funding, and
authority under state or local law to implement the SIP, and that there
are no legal impediments to such implementation; (2) requirements
relating to state boards; and (3) necessary assurances that the state
has responsibility for ensuring adequate implementation of any plan
provision for which it relies on local governments or other entities to
carry out that portion of the plan.
Both elements A and E address the requirement that there is
adequate authority to implement and enforce the SIP and that there are
no legal impediments.
This i-SIP submission for the 2008 Pb NAAQS describes the SIP
regulations governing the various functions of personnel within the
TCEQ, including the administrative, technical support, planning,
enforcement, and permitting functions of the program.
With respect to funding, the TCAA requires TCEQ to establish an
emissions fee schedule for sources in order to fund the reasonable
costs of administering various air pollution control programs and
authorizes TCEQ to collect additional fees necessary to cover
reasonable costs associated with processing of air permit applications.
EPA conducts periodic program reviews to ensure that the state has
adequate resources and funding to, among other things, implement and
enforce the SIP.
As required by the CAA, the Texas statutes and the SIP stipulate
that any board or body, which approves permits or enforcement orders,
must have at least a majority of members who represent the public
interest and do not derive any ``significant portion'' of their income
from persons subject to permits and enforcement orders or who appear
before the board on issues related to the Federal CAA or the TCAA. The
members of the board or body, or the head of an agency with similar
powers, are required to adequately disclose any potential conflicts of
interest.
With respect to assurances that the State has responsibility to
implement the SIP adequately when it authorizes local or other agencies
to carry out portions of the plan, the Texas statutes and the SIP
designate the TCEQ as the primary air pollution control agency and TCEQ
maintains authority to ensure implementation of any applicable plan
portion.
(F) Stationary source monitoring system: The SIP must provide for
the establishment of a system to monitor emissions from stationary
sources and to submit periodic emission reports. It must require the
installation, maintenance, and replacement of equipment, and the
implementation of other necessary steps, by owners or operators of
stationary sources, to monitor emissions from sources. The SIP shall
also require periodic reports on the nature and amounts of emissions
and emissions-related data from sources, and require that the state
correlate the source reports with emission limitations or standards
established under the CAA. These reports must be made available for
public inspection at reasonable times.
The TCAA authorizes the TCEQ to require persons engaged in
operations which result in air pollution to monitor or test emissions
and to file reports containing information relating to the nature and
amount of emissions. There also are SIP-approved state regulations
pertaining to sampling and testing and requirements for reporting of
emissions inventories. In addition, SIP-approved rules establish
general requirements for maintaining records and reporting emissions.
The TCEQ uses this information, in addition to information obtained
from other sources, to track progress towards maintaining the NAAQS,
developing control and maintenance strategies, identifying sources and
general emission levels, and determining compliance with SIP-approved
regulations and additional EPA requirements. The SIP requires this
information be made available to the public. Provisions concerning the
handling of confidential data and proprietary business information are
included in the SIP-approved regulations. These rules specifically
exclude from confidential treatment any records concerning the nature
and amount of emissions reported by sources.
(G) Emergency authority: The SIP must provide for authority to
address activities causing imminent and substantial endangerment to
public health or welfare or the environment and to include contingency
plans to implement such authorities as necessary.
The TCAA provides TCEQ with authority to address environmental
emergencies, and TCEQ has contingency plans to implement emergency
episode provisions. Upon a finding that any owner/operator is
unreasonably affecting the public health, safety or welfare, or the
health of animal or plant life, or property, the TCAA and 30 TAC
chapters 35 and 118 authorize TCEQ to, after a reasonable attempt to
give notice, declare a state of emergency and issue without hearing an
emergency special order directing the owner/operator to cease such
pollution immediately.
The ``Texas Air Quality Control Contingency Plan for Prevention of
Air Pollution Episodes'' is part of the Texas SIP. However, because of
the low levels of Pb emissions emitted and monitored statewide, Texas
is not required to have contingency plans for the 2008 Pb NAAQS.
However, to provide additional protection, the State has general
emergency powers to address any possible dangerous Pb-related air
pollution episode if necessary to protect the environment and public
health.
(H) Future SIP revisions: States must have the authority to revise
their SIPs in response to changes in the NAAQS, availability of
improved methods for attaining the NAAQS, or in response to an EPA
finding that the SIP is substantially inadequate to attain the NAAQS.
[[Page 62007]]
The TCAA authorizes the TCEQ to revise the Texas SIP, as necessary,
to account for revisions of an existing NAAQS, establishment of a new
NAAQS, to attain and maintain a NAAQS, to abate air pollution, to adopt
more effective methods of attaining a NAAQS, and to respond to EPA SIP
calls concerning NAAQS adoption or implementation.
(I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that
in the case of a plan or plan revision for areas designated as
nonattainment areas, states must meet applicable requirements of part D
of the CAA, relating to SIP requirements for designated nonattainment
areas.
Texas currently has one nonattainment area for the 2008 Pb NAAQS,
located in the city of Frisco in Collin County. For more information on
the Frisco nonattainment area and past nonattainment areas under the
1978 Pb NAAQS, please refer to the TSD for this rulemaking.
As noted earlier, EPA does not expect infrastructure SIP
submissions to address subsection (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. Instead, EPA will take action on part D
attainment plan SIP submissions, including the attainment plan
submission for the Frisco nonattainment area, through a separate
rulemaking process governed by the requirements for nonattainment
areas, as described in part D.
(J) Consultation with government officials, public notification,
PSD and visibility protection: The SIP must meet the following three
CAA requirements: (1) Section 121, relating to interagency
consultation; (2) section 127 relating to public notification of NAAQS
exceedances and related issues; and, (3) prevention of significant
deterioration of air quality and visibility protection.
(1) Interagency consultation: As required by the TCAA, there must
be a public hearing before the adoption of any regulations or emission
control requirements, and all interested persons must be given a
reasonable opportunity to review the action that is being proposed and
to submit data or arguments, either orally or in writing, and to
examine the testimony of witnesses from the hearing. In addition, the
TCAA provides the TCEQ the power and duty to establish cooperative
agreements with local authorities, and consult with other states, the
federal government and other interested persons or groups in regard to
matters of common interest in the field of air quality control.
Furthermore, the Texas PSD SIP rules mandate that the TCEQ shall
provide for public participation and notification regarding permitting
applications to any other state or local air pollution control
agencies, local government officials of the city or county where the
source will be located, tribal authorities, and Federal Land Managers
(FLMs) whose lands may be affected by emissions from the source or
modification. Additionally, the State's PSD SIP rules require the TCEQ
to consult with FLMs regarding permit applications for sources with the
potential to impact Class I Federal Areas. The SIP also includes a
commitment to consult continually with the FLMs on the review and
implementation of the visibility program, and the State recognizes the
expertise of the FLMs in monitoring and new source review applicability
analyses for visibility and has agreed to notify the FLMs of any
advance notification or early consultation with a major new or
modifying source prior to the submission of a permit application.
Likewise, the State's Transportation Conformity SIP rules provide
procedures for interagency consultation, resolution of conflicts, and
public notification.
(2) Public Notification: The i-SIP submission from Texas provides
the SIP regulatory citations requiring the TCEQ to regularly notify the
public of instances or areas in which any NAAQS are exceeded. Included
in the SIP are the rules for TCEQ to advise the public of the health
hazard associated with such exceedances; and enhance public awareness
of measures that can prevent such exceedances and of ways in which the
public can participate in the regulatory and other efforts to improve
air quality. In addition, as discussed for infrastructure element B
above, the TCEQ air monitoring Web site provides quality data for each
of the monitoring stations in Texas; this data is provided
instantaneously for certain pollutants, such as ozone. The Web site
also provides information on the health effects of lead, ozone,
particulate matter, and other criteria pollutants.
(3) PSD and Visibility Protection: The PSD requirements for this
element are the same as those addressed under element (C) above. The
Texas SIP requirements relating to visibility and regional haze are not
affected when EPA establishes or revises a NAAQS. Therefore, EPA
believes that there are no new visibility protection requirements due
to the revision of the Pb NAAQS in 2008, and consequently there are no
newly applicable visibility protection obligations pursuant to
infrastructure element (J).
(K) Air quality and modeling/data: The SIP must provide for
performing air quality modeling, as prescribed by EPA, to predict the
effects on ambient air quality of any emissions of any NAAQS pollutant,
and for submission of such data to EPA upon request.
The TCEQ has the authority and duty under the TCAA to investigate
and develop facts providing for the functions of environmental air
quality assessments. Past modeling and emissions reductions measures
have been submitted by the State and approved into the SIP.
Additionally, TCEQ has the ability to perform modeling for the primary
and secondary Pb standards and other criteria pollutant NAAQS on a
case-by-case permit basis consistent with their SIP-approved PSD rules
and EPA guidance. As discussed with regard to element (D) above, TCEQ
has conducted air quality dispersion modeling on the emissions of Pb
from numerous stationary sources to determine the impact of such
emissions on air quality in neighboring states. TCEQ has also conducted
extensive modeling on the emissions of Pb from the former Exide
Technologies facility located in the Frisco nonattainment area and has
prepared and submitted an attainment demonstration with a control
strategy based on the results of this modeling to the EPA.
The TCAA authorizes and requires TCEQ to cooperate with the federal
government and local authorities concerning matters of common interest
in the field of air quality control, thereby allowing the agency to
make such submissions to the EPA.
(L) Permitting Fees: The SIP must require each major stationary
source to pay permitting fees to the permitting authority as a
condition of any permit required under the CAA. The fees cover the cost
of reviewing and acting upon any application for such a permit, and, if
the permit is issued, the costs of implementing and enforcing the terms
of the permit. The fee requirement applies until such a time when a fee
program is established by the state pursuant to Title V of the CAA, and
is submitted to and is approved by EPA.
See the discussion for element (E) above for the description of the
mandatory collection of permitting fees outlined in the SIP.
(M) Consultation/participation by affected local entities: The SIP
must provide for consultation and participation by local political
subdivisions affected by the SIP.
See the discussion for element (J)(1) and (2) above for a
description of the
[[Page 62008]]
SIP's public participation process, the authority to advise and
consult, and the PSD SIP's public participation requirements.
Additionally, the TCAA also requires initiation of cooperative action
between local authorities and the TCEQ, between one local authority and
another, or among any combination of local authorities and the TCEQ for
control of air pollution in areas having related air pollution problems
that overlap the boundaries of political subdivisions, and entering
into agreements and compacts with adjoining states and Indian tribes,
where appropriate. The transportation conformity component of the Texas
SIP requires that interagency consultation and opportunity for public
involvement be provided before making transportation conformity
determinations and before adopting applicable SIP revisions on
transportation-related issues.
IV. Proposed Action
EPA is proposing to approve the October 14, 2011 infrastructure SIP
and the September 14, 2011 interstate transport submissions from Texas,
which address the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 Pb NAAQS. Specifically, EPA is proposing to
approve the following infrastructure elements: 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not acting on
the submittal pertaining to CAA section 110(a)(2)(I)--Nonattainment
Area Plan or Plan Revisions because EPA believes these need not be
addressed in the i-SIP. Based upon review of the state's infrastructure
and interstate transport SIP submissions, in light of the relevant
statutory and regulatory authorities and provisions referenced in these
submissions or referenced in the Texas SIP, EPA believes that Texas has
the infrastructure in place to address all applicable required elements
of sections 110(a)(1) and (2) (except otherwise noted) to ensure that
the 2008 Pb NAAQS are implemented in the state. We also are proposing
to approve the State's demonstration that it meets the four statutory
requirements for interstate transport of Pb emissions.
V. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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).
EPA is not proposing to approve this infrastructure SIP
certification 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, this proposed approval
of an infrastructure SIP certification does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead (Pb), Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 30, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-26122 Filed 10-14-15; 8:45 am]
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