[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Proposed Rules]
[Pages 79279-79283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31662]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0497; FRL-9940-17-Region 6]


Approval and Promulgation of Implementation Plans; Texas; Control 
of Air Pollution From Nitrogen Compounds State Implementation Plan

AGENCY: The Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of revisions to the State Implementation Plan (SIP) submitted 
by the State of Texas through the Texas Commission on Environmental 
Quality (TCEQ) on July 10, 2015. The Texas SIP submission revises 30 
Texas Administrative Code (TAC) Chapter 117 rules for control of 
nitrogen compounds to assist the Dallas-Fort Worth (DFW) moderate 
nonattainment area (NAA) in attaining the 2008 eight-hour ozone 
(O3) National Ambient Air Quality Standards (NAAQS).

DATES: Written comments must be received on or before January 20, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0497, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Mr. Guy Donaldson at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Branch 
(6MM-AA), Environmental Protection Agency, 1445 Ross Avenue, Suite 
1200, Dallas, Texas 75202-2733.
    Instructions: Direct comments to Docket No. EPA-R06-OAR-2015-0497. 
The EPA's policy is that all comments received will be included in the 
public docket without change and made available online at 
www.regulations.gov. The EPA includes any personal information 
provided, unless a comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit any information 
electronically that is considered CBI or any other information whose 
disclosure is restricted by statute. The www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
one's identity or contact information unless it is provided in the body 
of a comment. If a comment is emailed directly to the EPA without going 
through www.regulations.gov, then the sender's email address will 
automatically be captured and included as part of the public docket 
comment and made available on the Internet. If a comment is submitted 
electronically, then the EPA recommends that one's name and other 
contact information be included in the body of the comment, and with 
any disk or CD-ROM submitted. If the EPA cannot read a particular 
comment due to technical difficulties and is unable to contact for 
clarification, the EPA may not be able to consider the 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 will be considered the official comment 
with multimedia submissions and should include all discussion points 
desired. The EPA will generally not consider a comment or its contents 
submitted 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 the 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: Mr. James E. Grady, (214) 665-6745; 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Grady or Mr. Bill Deese at (214) 665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means ``the EPA.''

Table of Contents

I. Background on DFW 2008 Eight-Hour O3 NAA Designation 
and Classification

[[Page 79280]]

II. Background on Chapter 117 Proposed Rule Revisions
III. Evaluation of Texas' Proposed Chapter 117 NOX 
Control SIP
IV. The EPA's Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background on DFW 2008 Eight-Hour O3 NAA Designation and 
Classification

    On March 27, 2008, the EPA revised the primary and secondary 
O3 standard to a level of 75 parts per billion (ppb). 
Promulgation of a NAAQS triggers a requirement for the EPA to designate 
areas as nonattainment, attainment, or unclassifiable, and to classify 
the NAAs at the time of designation.
    On May 21, 2012, the EPA established initial area designations for 
most areas of the country with respect to the 2008 primary and 
secondary eight-hour O3 NAAQS. The EPA published two rules 
addressing final implementation \1\ and air quality designations.\2\ 
The implementation rule established classifications, associated 
attainment deadlines, and revoked the 1997 O3 standards for 
transportation conformity purposes. The designation rule finalized the 
NAA boundaries for areas that did not meet the 75 ppb standard. 
Furthermore, the finalized boundaries were classified according to the 
severity of their O3 air quality problems as determined by 
each area's design value.\3\ The O3 classification 
categories were defined as Marginal, Moderate, Serious, Severe, or 
Extreme.
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    \1\ See 77 FR 30160 ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: Nonattainment Area 
Classifications Approach, Attainment Deadlines and Revocation of the 
1997 Ozone Standards for Transportation Conformity Purposes.''
    \2\ See 77 FR 30088, ``Air Quality Designations for the 2008 
Ozone National Ambient Air Quality Standards.''
    \3\ The air quality design value for the 8-hour ozone NAAQS is 
the three-year average of the annual fourth highest daily maximum 
eight-hour average ozone concentration. See 40 CFR part 50, appendix 
I.
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    Effective July 20, 2012, the DFW 2008 eight-hour O3 NAA 
was classified as moderate, consisting of ten counties: Collin, Dallas, 
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise 
County. With the exception of Wise County, all of these counties were 
designated as nonattainment with a serious classification under the 
1997 O3 standard. Although the NAA was most recently 
classified as moderate, the first nine counties are still required to 
meet their more stringent serious classification requirements 
previously designated under the 1997 O3 standard. Wise 
County, however, is required to meet the moderate classification 
requirements since it is newly designated as nonattainment for the DFW 
area.\4\ Previously, Wise County was classified as an attainment area 
and was exempt from the O3 NAA requirements under the 1997 
eight-hour O3 standard.
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    \4\ In pursuant to the United States Court of Appeals for the 
District of Columbia Circuit ruling in favor of the EPA's inclusion 
of Wise County in the DFW 2008 eight-hour ozone nonattainment area 
as lawful (see USCA Case #12-1309).
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    States are required to adopt control measures that implement 
Reasonably Available Control Technology (RACT) on major sources of 
NOX emissions.\5\ The major source emission threshold level 
for the first nine counties (Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall, and Tarrant) remains at a potential to emit 
(PTE) of fifty tons per year (tpy) NOX based on its serious 
classification under the 1997 standard. Wise County major source 
threshold is 100 tpy NOX based on the moderate 
classification requirement.
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    \5\ The EPA is not making a determination that the TCEQ rules 
included in these revisions will meet the RACT requirements of the 
CAA section 182(b) for the 2008 O3 NAAQS. The EPA will 
make that review in a separate action. The EPA is only finding that 
these rule changes will strengthen the SIP by achieving 
NOX reductions in the DFW NAA.
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II. Background on Chapter 117 Proposed Rule Revisions

    On July 10, 2015 the EPA received, the TCEQ submitted rule 
revisions to 30 TAC, Chapter 117 ``Control of Air Pollution from 
Nitrogen Compounds.'' The State revised Chapter 117 for all major 
sources of NOX in the 2008 DFW O3 NAA for the 
implementation of RACT requirements in all counties as required by CAA, 
section 172(c)(1) and section 182(f). The state previously adopted 
Chapter 117 NOX rules for sources in the DFW area as part of 
the SIP submitted on May 30, 2007, for the 1997 eight-hour 
O3 standard. The EPA approved those rules on December 8, 
2008.\6\ The scope of the Chapter 117 rule revisions implement the 
following: \7\
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    \6\ See 73 FR 73562.
    \7\ This is not an exhaustive list of changes to the 30 TAC 
Chapter 117 rules. For a complete summary of all Chapter 117 
sections associated with this SIP revision, please refer to the 
Technical Support Document (TSD), ``30 Texas Administrative Code 
(TAC) Chapter 117 Control of Air Pollution from Nitrogen 
Compounds,'' a copy of which is posted in the docket of this 
proposal.
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     Add NOX emission limits and control 
requirements to major sources in newly designated Wise County.
     Revoke an exemption for utility turbines and auxiliary 
steam boilers installed after November 15, 1992 in the DFW area;
     Provide compliance flexibility to affected units in all 
areas covered by Chapter 117 for owners or operators of boilers and 
process heaters used on a temporary basis (<60 calendar days);
     Repeal certain major source industrial rules and utility 
rules for the DFW area that are now obsolete due to the passing of 
compliance dates;
     Add compliance schedules for the new or revised RACT rules 
and add compliance dates for sources that become subject to these rules 
after the initial compliance date;
     Add definitions to reflect the change in attainment status 
of Wise County;
     Implement work practice standards or operating 
requirements
     Update associated monitoring, recordkeeping, and reporting 
requirements
     Establish exemptions
    Table 2 contains a list of the sections of Chapter 117 with adopted 
subchapters, divisions, and key sections with modifications associated 
with the July 10, 2015 DFW 2008 eight-hour O3 SIP submittal.

  Table 2--Description and Sections of 30 TAC, Chapter 117 Proposed for
                              Modification
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              Description                            Section
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Subchapter A: Definitions..............  117.10.
Subchapter B, Division 4, DFW Eight-     117.400, 117.403, 117.410,
 Hour O3 NAA Major Sources.               117.423, 117.425, 117.430,
                                          117.435, 117.440, 117.445,
                                          117.450, 117.454, and 117.456.
Subchapter C, Division 4, DFW Eight-     117.1303, 117.1310, 117.1325,
 Hour O3 NAA Utility Electric             117.1335, 117.1340, 117.1345,
 Generation Sources.                      117.1350, and 117.1354.
Subchapter G, Division 1, General        117.8000
 Monitoring and Testing Requirements.
Subchapter H, Division 1, Compliance     117.9030 and 117.9130, 117.9800
 Schedules and Division 2, Compliance     and 117.9810.
 Flexibility.
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[[Page 79281]]

    Table 3 contains a list of the sections of Chapter 117 with adopted 
subchapters, divisions, and key sections with new requirements 
associated with the July 10, 2015 DFW 2008 eight-hour O3 SIP 
submittal.

  Table 3--Description and Sections of 30 TAC, Chapter 117 Proposed New
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              Description                            Section
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Subchapter B, Division 4, DFW Eight-     117.405, 117.452.
 Hour O3 NAA Major Sources.
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    Per TCEQ's request, the following sections listed in Table 4 below 
will not become a part of the EPA-approved Texas SIP. These rules 
pertain mainly to the control of carbon monoxide and ammonia emissions, 
which are not O3 precursors and, therefore, not necessary 
components of the DFW SIP. The EPA concurs that these rules can remain 
outside of the SIP.

  Table 4--Description and Sections of 30 TAC, Chapter 117 Not in Texas
                                   SIP
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              Description                            Sections
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Previously excluded and the TCEQ         117.210(c), 117.225,
 continues to ask that these remain       117.410(d), 117.425,
 outside the SIP.                         117.1110(b), 117.1125,
                                          117.1310(b), and 117.1325.
Adopted new and will not be submitted    117.405(d).
 as a SIP revision.
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    Table 5 contains subchapters, divisions, and key sections proposed 
for repeal from the SIP by the TCEQ. The TCEQ adopts the repeal of 
existing Subchapters B and C in Division 2 as well as sections 117.9010 
and 117.9110 of Subchapter H in Division 1 because compliance dates for 
sources of NOX subject to these have passed and are now 
considered obsolete. Furthermore, sources previously subject are now 
required to comply with more stringent rules in existing Subchapter B 
and C, Division 4 and in revised sections 117.9030, 117.9130.

  Table 5--Description and Sections of 30 TAC, Chapter 117 Proposed for
                                 Repeal
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              Description                            Section
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Subchapter B, Division 2, DFW O3 NAA     117.200, 117.203, 117.205,
 Major Sources.                           117.210, 117.215, 117.223,
                                          117.225, 117.230, 117.235,
                                          117.240, 117.245, 117.252,
                                          117.254, 117.256.
Subchapter C, Division 2, DFW O3 NAA     117.1100, 117.1103, 117.1105,
 Utility Electric Generation Sources.     117.1110, 117.1115, 117.1120,
                                          117.1125, 117.1135, 117.1140,
                                          117.1145, 117.1152, 117.1154,
                                          117.1156.
Subchapter H, Division 1, Compliance     117.9010, 117.9110.
 Schedules.
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    A complete summary along with all non-substantive changes 
pertaining to reformatting, restructuring, reorganizing, and 
administrative revisions will be referenced in the Technical Support 
Document (TSD), ``30 Texas Administrative Code (TAC) Chapter 117 
Control of Air Pollution from Nitrogen Compounds,'' a copy of which is 
posted in the docket of this proposal.

III. Evaluation of Texas' Proposed Chapter 117 NOX Control 
SIP

    Please refer to Table 6 for a list of NOX emissions 
specifications for major sources in newly designated Wise County. The 
new NOX emission limits will assure that each source listed 
will not exceed the 75 ppb O3 NAAQS standard.

                                Table 6--NOX Emission Limits for 2008 DFW 8-Hour O3 NAA for Major Sources in Wise County
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               Source                          Type                     Capacity                  NOX Limit                       Citation
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Process Heaters.....................  ......................  Max Rated Capacity >=40      0.10 lb/MMBtu;........  117.405(b)(1).
                                                               MMBtu/hr.
                                                              An option..................  or 82 ppmv NOX at 3%    117.405(b)(1).
                                                                                            O2 dry basis.
Stationary, Reciprocating Internal    Gas-Fired Rich-Burn...  ...........................  0.50 g/hp-hr..........  117.405(b)(2)(A).
 Combustion Engines.                  Gas-Fired Lean-Burn...  White Superior four-cycle    12.0 g/hp-hr..........  117.405(b)(2)(B)(i)(I).
                                                               units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated before June
                                                               1, 2015.
                                                              White Superior four-cycle    2.0 g/hp-hr...........  117.405(b)(2)(B)(i)(II).
                                                               units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated on or after
                                                               June 1, 2015.
                                                              Clark two-cycle units that   12.0 g/hp-hr..........  117.405(b)(2)(B)(ii)(I).
                                                               have been placed into
                                                               service, modified,
                                                               reconstructed, or
                                                               relocated before June 1,
                                                               2015.

[[Page 79282]]

 
                                                              Clark two-cycle units that   2.0 g/hp-hr...........  117.405(b)(2)(B)(ii)(II).
                                                               have been placed into
                                                               service, modified,
                                                               reconstructed, or
                                                               relocated on or after June
                                                               1, 2015.
                                                              Fairbanks Morse MEP two-     4.0 g/hp-hr...........  117.405(b)(2)(B)(iii)(I).
                                                               cycle units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated before June
                                                               1, 2015.
                                                              Fairbanks Morse MEP two-     2.0 g/hp-hr...........  117.405(b)(2)(B)(iii)(II).
                                                               cycle units that have been
                                                               placed into service,
                                                               modified, reconstructed,
                                                               or relocated on or after
                                                               June 1, 2015.
                                                              All others.................  2.0 g/hp-hr...........  117.405(b)(2)(B)(iv).
Turbines............................  Stationary Gas........  hp rating <=10,000 hp......  0.55 lb/MMBtu.........  117.405(b)(3)(A).
                                                              hp rating >=10,000 hp......  0.15 lb/MMBtu.........  117.405(b)(3)(B).
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    Various controls for each major source in Wise County are needed to 
achieve the required NOX limits. Process heaters are 
expected to achieve compliance after installing dry low-NOX 
combustors with the proposed 0.10 lb/MMBtu emission specification. Gas-
fired, rich-burn, combustion engines are anticipated to reach 
compliance using nonselective catalytic reduction (NSCR) as primary 
control technology with air-to-fuel ratio regulators. The addition of a 
secondary catalyst module may be required to meet the proposed emission 
specification of 0.50 g/hp-hr, for gas-fired, lean-burn, combustion 
engines. All other lean-burn engines are estimated to reach compliance 
after combustion modifications with the proposed 2.0 g/hp-hr emission 
specification. New gas-fired, lean-burn engines can meet the proposed 
2.0 g/hp-hr standard without modification or installation of additional 
controls.
    It is estimated that the adopted rules will reduce the amount of 
NOX in the DFW area by 1.17 tons per day (tpd). The 
resulting emission reductions will assist Texas in demonstrating 
attainment of the eight-hour O3 standard within the DFW NAA. 
As a result, the EPA is proposing to approve the NOX 
emission requirements for affected major sources in the DFW NAA.

IV. The EPAs Proposed Action

    The EPA is proposing to approve the submitted TAC Chapter 117 SIP 
revisions into the SIP because they will assist the DFW area into 
attainment under the 2008 8-Hour O3 NAAQS by keeping each 
emissions source below 75 ppb. The EPA is proposing to approve all 
amended, repealed, and new sections of Chapter 117 that are being 
submitted as part of this SIP revision. The EPA is not making a 
determination that the TCEQ rules included in these revisions will meet 
the RACT requirements of the CAA Sec.  182(b) for the 2008 
O3 NAAQS. The EPA will make that review in a separate 
action. The EPA is only finding that these rule changes will strengthen 
the SIP by achieving NOX reductions in the DFW NAA.

V. Incorporation by Reference

    In this action, the EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference revisions to the Texas regulations as 
described in the Proposed Action section above. The EPA has made, and 
will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
EPA Region 6 office.

VI. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices, 
provided that states 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).
    In addition, the SIP is not approved 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, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Ozone, Reasonably available control technology, Reporting and

[[Page 79283]]

recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 8, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-31662 Filed 12-18-15; 8:45 am]
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