[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Proposed Rules]
[Pages 46450-46453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21491]



[[Page 46450]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0832; FRL-9968-21-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for Volatile Organic Compound 
Emissions in the Dallas-Fort Worth Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or ACT), 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 rules for control of 
volatile organic compounds (VOC) 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). 
The submission includes Wise County, a county added as part of the 2008 
ozone moderate NAA area. We are proposing to approve the submitted 
rules as part of the DFW 2008 ozone SIP and as meeting Reasonably 
Available Control Technology (RACT). We are also proposing to approve 
negative declarations for certain source categories subject to RACT in 
the DFW moderate NAA.

DATES: Written comments must be received on or before November 6, 2017.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0832, 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 Mr. Robert M. 
Todd, (214) 665-2156, [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 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: Robert M. Todd, (214) 665-2156, 
[email protected]. To inspect the hard copy materials, please contact 
Mr. Todd or Mr. Bill Deese (214) 665-7253.

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

Table of Contents

I. Background on Dallas-Fort Worth (DFW) 2008 Eight-Hour 
O3 Nonattainment Area (NAA) Designation and 
Classification
II. Background on Chapter 115 Proposed Rule Revisions
III. Evaluation of Texas' Proposed Chapter 115 Volatile Organic 
Compound (VOC) Control SIP
IV. Reasonably Achievable Control Technology in the DFW NAA
V. The EPA's Proposed Action
VI. Incorporation by Reference
VII. 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 DFW 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 VOC 
emissions. 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 50 tons 
per year (tpy) VOC based on its serious classification under the 1997 
standard. The major source threshold in Wise County is 100 tpy VOC 
based on the moderate classification requirement.

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II. Background on Chapter 115 Proposed Rule Revisions

    On July 10, 2015 the EPA received the TCEQ's submitted rule 
revisions to 30 TAC, Chapter 115 ``Control of Air Pollution from 
Volatile Organic Compounds.'' The State revised Chapter 115 for all 
major sources of VOC 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 115 VOC 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 January 14, 2009.\5\ The 
scope of the Chapter 115 rule revisions implement the following: \6\
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    \5\ See 74 FR 1903.
    \6\ This is not an exhaustive list of changes to the 30 TAC 
Chapter 115 rules. For a complete summary of all Chapter 115 
sections associated with this SIP revision, please refer to the 
Technical Support Document (TSD), a copy of which is posted in the 
docket of this proposal.
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     Add VOC emission limits and control requirements to major 
sources in newly designated Wise County.
     Amend VOC emissions control requirements in the DFW NAA;
     Amend testing, monitoring and recordkeeping requirements 
for VOC sources in the DFW NAA;
     Amend exemptions from VOC control requirements in the DFW 
NAA;
     Amend compliance schedules for affected sources in the DFW 
NAA, including adding new compliance date of January, 2017 for newly 
affected sources in Wise County;
     Add definitions to reflect the change in attainment status 
of Wise County;
    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), ``2008 8-Hour Ozone Nonattainment Area VOC SIP 
Demonstration and Reasonably Available Control Technology for Volatile 
Organic Compounds Sources in the Dallas-Fort Worth 2008 8-Hour Ozone 
Nonattainment Area'' a copy of which is posted in the docket of this 
proposal.
    Table 1 contains a list of the new sections of Chapter 115 with 
adopted subchapters, divisions, and key sections associated with the 
July 10, 2015 DFW 2008 eight-hour O3 SIP submittal.

 Table 1--Proposed New Sections of 30 TAC Chapter 115 To Be Added to the
                                Texas SIP
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               Description                            Section
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   Description and Sections of 30 TAC Chapter 115 Proposed New Section
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Subchapter E: Division 1................  Sec.  Sec.   115.410, 115.411.
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    Table 2 contains a list of the sections of Chapter 115 with adopted 
subchapters, divisions, and key sections with modifications associated 
with the July 10, 2015 DFW 2008 eight-hour O3 SIP submittal.

  Table 2--Proposed Amended Sections of 30 TAC Chapter 115 in the Texas
                                   SIP
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               Description                            Section
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    Description and Sections of 30 TAC Chapter 115 Proposed Modified
                                Sections
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Subchapter A: Definitions................  Sec.   115.10.
Subchapter B: Division 1.................  Sec.  Sec.   115.110-115.112,
                                            115.114, 115.115, 115.117-
                                            115.119.
Subchapter B: Division 2.................  Sec.  Sec.   115.121,
                                            115.122. 115.125-115.127,
                                            115.129.
Subchapter B: Division 3.................  Sec.   115.139.
Subchapter C: Division 1.................  Sec.   115.215, Sec.
                                            115.219.
Subchapter C: Division 2.................  Sec.   115.229.
Subchapter C: Division 3.................  Sec.   115.239.
Subchapter D: Division 3.................  Sec.   115.359.
Subchapter E: Division 1.................  Sec.  Sec.   115.415,
                                            115.416, 115.419.
Subchapter E: Division 2.................  Sec.  Sec.   115.420-115.423,
                                            115.425-115.427, 115.429.
Subchapter E: Division 4.................  Sec.  Sec.   115.440-115.442,
                                            115.446, 115.449.
Subchapter E: Division 5.................  Sec.  Sec.   115.450,
                                            115.451, 115.453, 115.459.
Subchapter E: Division 6.................  Sec.  Sec.   115.460,
                                            115.461, 115.469.
Subchapter E: Division 7.................  Sec.  Sec.   115.471,
                                            115.473, 115.479.
Subchapter F: Division 1.................  Sec.   115.519.
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    Table 3 contains a section of Chapter 115 proposed for repeal from 
the SIP by the TCEQ, along with the relevant identifying subchapter and 
division.

 Table 3--Proposed Sections of 30 TAC Chapter 115 To Be Deleted From the
                                Texas SIP
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               Description                            Section
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Description and Sections of 30 TAC Chapter 115 Proposed Repealed Section
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Subchapter E: Division 1................  Sec.   115.417 \7\
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    \7\ The content of Sec.  115.417 detailed exemptions to Chapter 
115 requirements. These exemptions were moved to the new Sec.  
115.411. This action reorders existing, approvable exemptions and 
does not alter the expected VOC control levels in the DFW NAA.
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III. Evaluation of Texas' Proposed Chapter 115 VOC Control SIP

    Previous Chapter 115 modifications addressed TCEQ's plan to comply 
with the 1997 eight-hour O3 attainment standard and RACT 
requirements for 9 counties in the DFW area and were approved into the 
state's SIP on January 14, 2009 (74 FR 1903). We are not proposing to 
alter that determination. As described above, the DFW NAA for the 2008 
O3 standard now includes Wise County along with the other 9 
counties in the area.
    In today's action, we are proposing to approve revisions for TCEQ 
rule changes as part of the DFW moderate NAA area that would extend 
these same control requirements to sources in Wise County. The TCEQ 
provided information addressing the applicability of Chapter 115, 
Control of Air Pollution from Volatile Organic Compounds Regulations to 
sources with emissions equal to or greater than 100 tpy of VOCs in Wise 
County.

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    A complete evaluation of the TCEQ rules changes can be found in the 
TSD to this proposal that is included in the official docket. The 
changes TCEQ made includes ministerial changes as well as substantive 
ones such as the addition of control requirements that apply to sources 
in Wise County.

IV. Reasonably Achievable Control Technology in the DFW NAA

    As noted above, the TCEQ's July 12, 2015, submission included a 
RACT demonstration that VOC control measures in 30 TAC Chapter 115 
applied to major sources in the DFW moderate NNA, including Wise 
County. The TCEQ also provided information addressing the applicability 
of Control Technology Guidelines (CTG) and Alternative Control 
Technology (ACT) documents for VOC sources with emissions equal to or 
greater than 100 tpy of VOCs in Wise County. The TCEQ also provided 
negative declaration information for certain of these source categories 
in Wise County. Furthermore, the TCEQ demonstrated that any major 
source in the DFW NNA not covered by a CTG or ACT is controlled and 
meets RACT and that the negative declarations provided by the TCEQ and 
addressed in detail in the TSD to this proposal, are approvable.
    The requirements for RACT are included in 182(b)(2) of the Act and 
further explained in our ``SIP Requirements Rule'' of March 6, 2015 (80 
FR 12279), which explains States should refer to existing CTGs and ACT 
documents as well as all relevant technical information including 
recent technical information received during the public comment period 
to determine if RACT is being applied. States may conclude, in some 
cases, that sources already addressed by RACT determinations to meet 
the 1-Hour and/or the 1997 8-Hour O3 NAAQS do not need to 
implement additional controls to meet the 2008 ozone NAAQS RACT 
requirement. See 40 CFR 51.1112. The EPA has previously found that 
Texas VOC rules meet RACT for the 1-Hour and the 1997 8-Hour standards. 
See 74 FR 1903, January 14, 2009 and 80 FR 16291, March 27, 2015.
    We have reviewed the emission limitations and control requirements 
detailed in 30 TAC Chapter 115 and compared them against EPA's CTG 
documents and guidelines. Based on our review and evaluation, we found 
the emission limitations and control requirements in 30 TAC Chapter 115 
apply to the source categories covered by our guidance and CTG 
documents, and that the corresponding sections in 30 TAC Chapter 115 
provide for the lowest emission limitation through application of 
control techniques that are reasonably available considering 
technological and economic feasibility. Also, the TCEQ demonstrated 
that any major source in the DFW NNA not covered by a CTG or ACT is 
controlled and meets RACT.
    Based on the above evaluation, we are proposing to determine that 
the applicable emission limitations and control requirements in 30 TAC 
Chapter 115 represent RACT under the 2008 8-Hour ozone NAAQS.
    A complete evaluation of how the TCEQ rules meet the requirements 
of the EPAs CTGs, ACTs and RACT requirements can be found in the TSD to 
this proposal that is included in the official docket. In particular, 
see pages 13-21 of the TSD.

V. The EPA's Proposed Action

    The EPA is proposing to approve the submitted TAC Chapter 115 SIP 
revisions into the SIP because these revisions will assist the DFW area 
reach attainment under the 2008 8-Hour O3 NAAQS by reducing 
VOC emissions for affected sources in the DFW area. The EPA is 
proposing to approve all revisions for the amended, repealed, and new 
sections of Chapter 115 that are being submitted for inclusion into the 
SIP. The EPA is also 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. We are also making a 
determination that the negative declarations provided by the TCEQ are 
approvable.

VI. 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.

VII. 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), 13563 (76 FR 3821, January 21, 
2011) and 13771 (82 FR 9339, February 2, 2017);
     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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.


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    Dated: September 29, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-21491 Filed 10-4-17; 8:45 am]
 BILLING CODE 6560-50-P