[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26596-26599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11903]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0464; FRL-9962-23-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the General Definitions for Texas Air Quality Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (the Act or CAA), the 
Environmental Protection Agency (EPA) is approving revisions of the 
Texas State Implementation Plan (SIP) pertaining to EPA's latest 
definition of volatile organic compounds (VOC), aligning the lead 
reporting threshold with the EPA's Annual Emissions Reporting Rule 
(AERR), shortening the distance from the shoreline for applicable 
offshore sources to report an emission inventory, and revising 
terminology and definitions for clarity or consistency with the EPA's 
AERR.

DATES: This rule is effective on September 6, 2017, unless EPA receives 
relevant adverse comments by July 10, 2017. If EPA receives relevant 
adverse comments, EPA will publish a timely withdrawal of the rule in 
the Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0464, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. 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 submission methods, please contact Ms. Nevine Salem, (214) 
665-7222, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective 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: Ms. Nevine Salem, (214) 665-7222, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Nevine Salem or Mr. 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 July 28, 2016, Texas Commission on Environmental Quality (TCEQ) 
submitted a SIP revision to EPA for review and approval. The SIP 
revisions include amendments to 30 TAC Section 101.1 and 101.10 in 30 
TAC Chapter 101, General Air Quality Rules, Subchapter A, General Rules 
and corresponding revisions to the State Implementation Plan (SIP). The 
submitted revisions are described below:

1. Definitions Updates--TAC Chapter 101, Section 101.1

    EPA periodically revises the list of negligibly reactive compounds 
to add or delete organic volatile compounds (VOC) from regulation on 
the basis that these compounds make a negligible contribution to 
tropospheric ozone \1\ formation. Section 302(s) of the CAA specifies 
that the EPA has the authority to define the meaning of ``VOC,'' and 
hence what compounds shall be treated as VOCs for regulatory purposes. 
The policy of excluding negligibly reactive compounds from the VOC 
definition was first set forth in the ``Recommended Policy on Control 
of Volatile Organic Compounds'' (42 FR 35314, July 8, 1977) and was 
supplemented most recently with the ``Interim Guidance on Control of 
Volatile Organic Compounds in Ozone State Implementation Plans'' 
(Interim Guidance) (70 FR 54046, September 13, 2005). The EPA uses the 
reactivity of ethane as the threshold for determining whether a 
compound has negligible reactivity. Compounds that are less reactive 
than, or equally reactive to, ethane under certain assumed conditions 
may be deemed negligibly reactive and therefore suitable for exemption 
from the regulatory definition of VOC. Compounds that are more reactive 
than ethane continue to be considered VOCs for regulatory purposes and 
therefore are subject to control requirements. The selection of ethane 
as the threshold compound was based on a series of smog chamber 
experiments that underlay the 1977 policy.
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    \1\ Tropospheric ozone, commonly known as smog, is formed when 
VOCs and nitrogen oxides (NOX) react in the atmosphere in 
the presence of sunlight. Because of the harmful health effects of 
ozone, the EPA and state governments limit the amount of VOCs that 
can be released into the atmosphere. VOCs are those organic 
compounds of carbon that form ozone through atmospheric 
photochemical reactions. Different VOCs have different levels of 
reactivity. That is, they do not react to form ozone at the same 
speed or do not form ozone to the same extent. Some VOCs react 
slowly or form less ozone; therefore, changes in their emissions 
have less and, in some cases, very limited effects on local or 
regional ozone pollution episodes. It has been the EPA's policy that 
organic compounds with a negligible level of reactivity should be 
excluded from the regulatory VOC definition so as to focus VOC 
control efforts on compounds that do significantly increase ozone 
concentrations. The EPA also believes that exempting such compounds 
creates an incentive for industry to use negligibly reactive 
compounds in place of more highly reactive compounds that are 
regulated as VOCs.
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    The EPA lists compounds that it has determined to be negligibly 
reactive in its regulations as being excluded from the definition of 
VOC. (40 CFR 51.100(s)). The specific organic compounds that will be 
excluded from TCEQ's definition of VOC that is in the SIP with this 
revision include: trans-1,3,3,3-tetrafluoropropene; 2,3,3,3-
tertrafluropropene,\2\ HCF2OCF2H (HFE-134); 
HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2OCF2H (HFE-
338pcc13); 
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130(or150 or 180)),\3\ 
trans- 1-chloro-3,3,3-trifluoroprop-1-ene,\4\ and 2-amino-2-methyl-1-
propanol,\5\ Texas is updating its SIP to be consistent with current 
EPA definitions to provide clarity and consistency for owners and 
operators of sources subject to TCEQ rules regarding VOC control.
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    \2\ See 78 FR 62451, October 22, 2013--Exclusion of trans-1&2, 
3,3,3,-tetrafluoropropene.
    \3\ See 78 FR 9823, February 12, 2013--Exclusion of group of 
four Hydrofluoropolyethers (HPEPs).
    \4\ See 78 FR 53029, August 28, 2013--Exclusion of trans 1-
Chloro-3,3,3 trifluoroprop-1-ene.
    \5\ See 79 FR 17037, March 27, 2014--Exclusion of 2-amino-2-
methyl-1-propanol.

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2. Emission Inventory Requirements in TAC Chapter 101, Section 101.10

A. Lead Reporting Threshold
    On February 6, 2015 (80 FR 8787), the EPA finalized revisions to 40 
Code of Federal Regulations (CFR) Part 51, Subpart A, Air Emissions 
Reporting Rule (AERR) and in 40 CFR 51.122 that lowered the lead (Pb) 
point source reporting threshold to 0.5 tons per year (tpy). The 
purpose of this change was to match requirements of the Pb Ambient Air 
Monitoring Requirements rule (75 FR 81126), which required monitoring 
agencies to install and operate source-oriented ambient monitors near 
Pb sources emitting 0.50 tpy or more by December 27, 2011. With this 
action, the EPA lowered the point source threshold for Pb emissions to 
0.5 tons per year (tpy) of actual emissions. The current TCEQ emissions 
inventory (EI) reporting rule at 30 TAC Section 101.10 in the SIP (and 
previous version of the AERR) language requires a source to submit an 
EI if it has 10 tpy or more of actual or 25 tpy or more of potential 
lead emissions. Currently, the data needed to meet the new EPA lead 
reporting threshold requirement are collected under TCEQ's special 
inventory \6\ which requires TCEQ to annually identify and contact 
these sources for an inventory. This revision for lowering the lead 
reporting threshold aligns 30 TAC Section 101.10 with the reporting 
requirements in the EPA's AERR (40 CFR part 51) and would require 
sources to self-identify and report a full and complete EI annually if 
they emit 0.5 tpy or more of lead.
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    \6\ Special Inventories: Any person owing or operating a source 
of air emissions which is or could be affected by any rule or 
regulation of the commission (TCEQ) shall file emissions-related 
data with the commission (upon request by the executive director or 
a designated representative of the commission) as necessary data may 
take special procedure arrangements with the Emissions Assessments 
Section to submit data separate from routine emission inventory 
submissions or other arrangements as necessary to support claims of 
confidentiality.
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B. Off-Shore Emission Inventory Reporting Requirement
    Under the current SIP, sources within 25 statute \7\ miles from the 
shoreline are required to submit an EI if the source meets one of the 
reporting threshold in 30 TAC Section 101.10. TCEQ proposed amendment 
shortens the applicable distance for a site on waters from 25 statute 
miles to 9.0 nautical \8\ miles (10.4 statute miles) from the 
shoreline.\9\ Texas' territorial waters only extend 9.0 nautical miles. 
At this time, no sites located between 9.0 nautical miles and 25 
statute miles from the shoreline are reporting EIs to Texas. If a site 
existing between 9.0 nautical miles and 25 statute miles from shore 
should be required to report in the future, this site would be captured 
in a federal EI. This revision to align Texas rules with the current 
federal regulations found in 40 CFR part 51 will clarify requirements 
in 30 TAC Section 101.10 and change applicability to sources that are 
within 9.0 nautical miles of the shoreline in accordance with state and 
federal jurisdiction over offshore sources.
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    \7\ Statute mile = 1 mile (1.6 kilometer).
    \8\ A nautical mile is based on the circumference of the earth, 
and is equal to one minute of latitude. It is slightly more than a 
statute (land measured) mile (1 nautical mile = 1.1508 statute 
miles). Nautical miles are used for charting and navigating.
    \9\ 43 U.S.C. 1301.
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C. Definition and Terminology Revisions
    a. 30 TAC Section 101.10(a) requires an inventory to be submitted 
on forms or other media. The commission adopted amendment removes the 
redundant phrase ``forms or other'' from this subsection. The phrase 
``media'' succinctly covers this requirement.
    b. Currently, the data needed to meet the new EPA lead reporting 
threshold requirement as discussed previously are collected under the 
special inventory requirement in the SIP's subsection (b)(2) and (3). 
The amendment in TCEQ's revision makes the requirement clear to the 
community and does not require the agency to rely on the special 
inventory provision to collect data that is reported annually.
    c. All owners or operators of accounts continuing to meet the SIP's 
reporting requirements in subsection (a) are required to annually 
update their EI. The amendment adds subsection (a)(5) to the list of 
applicability requirements listed in subsection (b)(2) that are 
required to submit an annual emissions inventory update (AEIU). This 
addition includes the adopted inclusion of the new lead reporting 
requirement to this existing requirement.
    d. An amendment in subsection (a)(5) to change the units from 
``tons'' to ``tpy'' to more clearly define the period over which the 
emissions are calculated. An annual time-period has always been assumed 
for this applicability by the State and EPA but the amendment is to 
clarify.
    e. The term ``microns'' is changed to ``micrometers' in the 
adoption to align language in 30 TAC Section 101.10(b)(1) with the 
reporting rule in AERR. In applied sciences, a micron is commonly 
accepted alternative term to micrometer, and thus, the adopted 
amendment has no effect on the population of sources required to report 
an EI or on the methodology for estimating emissions.
    f. Particulate matter with aerodynamic diameter less than or equal 
to 2.5 micrometers (PM2.5) is added to the list of 
contaminants that shall be reported in the EI under subsection (b). The 
list includes the phrase ``any other contaminants'', PM2.5 
is subject to the NAAQS and is already required for inclusion in an EI. 
However, specifically listing PM2.5 clarifies the reporting 
requirement and does not change any existing reporting requirement to 
the agency.
    g. A second certifying statement has been added as 30 TAC Section 
101.10(d)(2). Texas Health and Safety Code (THSC), Section 382.0215(f) 
requires that an owner or operator that is required to submit an EI and 
had no emissions events during the reporting year must include as part 
of the inventory a statement to this effect. The EI update process and 
reporting forms already include this certifying statement. An EI cannot 
be considered completed or for electronically submitted accounts, 
submitted without either completing this certification or submitting 
emissions event data. The amendments do not change this practice nor 
the wording in the certifying statement on the EI; it only includes the 
existing practice, which is required by THSC Section 382.0215 and 
reflected in 30 TAC Section 101.10.

II. The EPA's Evaluation

    On July 28, 2016, TCEQ submitted SIP revisions to EPA for review 
and approval. The revisions amend Emission Inventory and General Air 
Quality rules in 30 TAC Chapter 101. The amended rules will incorporate 
EPA's latest finalized definitions of VOC compounds, align the lead 
reporting threshold with the AERR, shorten the distance from the 
shoreline for applicable offshore sources to report an emission 
inventory, and revise terminology and definitions for clarity and 
consistency with the EPA's AERR. These changes are consistent with 
section 110 of the CAA and meet the regulatory requirements pertaining 
to the SIPs.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the SIP 
revisions TCEQ submitted to EPA regarding the above revisions to 30 TAC 
Chapter 101 Emissions Inventory and General Definitions update. These 
revisions are consistent with section 110 of the CAA and meet the 
regulatory requirements pertaining to SIPs.

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    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipate no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
September 6, 2017 without further notice unless the Agency receives 
relevant adverse comments by July 10, 2017. If EPA receives relevant 
adverse comments, EPA will publish a timely withdrawal of the rule in 
the Federal Register and inform the public that the rule will not take 
effect.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference 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.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. 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 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).
    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).
    Samuel Coleman was designated the Acting Regional Administrator on 
May 24, 2017 through the order of succession outlined in Regional Order 
R6-1110.13, a copy of which is included in the docket for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 24, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

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(c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by revising the entries for Sections 
101.1and 101.10.
    The revisions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                   State approval/
        State citation            Title/subject       submittal       EPA approval date          Explanation
                                                        date
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                                                  * * * * * * *
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                                  Chapter 101--General Air Quality Regulations
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                                           Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1................  Definitions.......        7/6/2016  6/8/2017, [Insert
                                                                    Federal Register
                                                                    citation].
 
                                                  * * * * * * *
Section 101.10...............  Emissions                 7/6/2016  6/8/2017, [Insert
                                Inventory                           Federal Register
                                Requirements.                       citation].
 
                                                  * * * * * * *
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[FR Doc. 2017-11903 Filed 6-7-17; 8:45 am]
BILLING CODE 6560-50-P