[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3708-3711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02021]
[[Page 3708]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0056; FRL-9988-61-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Reasonable Further Progress Plan for the Houston-Galveston-Brazoria
Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving a revision to the
Texas State Implementation Plan (SIP) to meet the Reasonable Further
Progress (RFP) requirements for the Houston-Galveston-Brazoria (HGB)
moderate 2008 8-hour ozone nonattainment area (HGB area). EPA is
approving the RFP demonstration, contingency measures, motor vehicle
emissions budgets (MVEBs) and an updated 2011 base year emissions
inventory.
DATES: This rule is effective on March 15, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2017-0056. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Ms. Wendy Jacques, 214-665-7395,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our April
25, 2018 proposal (83 FR 17964). In that document we proposed to
approve the RFP demonstration, contingency measures, MVEBs and an
updated 2011 base year emissions inventory for the HGB area.
We received comments of support on the proposal from the Texas
Commission on Environmental Quality and two relevant adverse comments
from Environmental Integrity Project. Our response to the adverse
comments are below.
II. Response to Comments
Comment: Environmental Integrity Project commented that (1) it is
unclear whether episodic emissions of ozone forming pollutants
resulting from unplanned startups, shutdowns, maintenance, upsets and
other unauthorized emissions are included in the Emissions Inventory
ozone season daily nitrogen oxide (NOX) and volatile organic
compound (VOC) values upon which the RFP plan is based and (2) to the
extent that these values used to develop the baseline and future year
emissions inventories do not include episodic emissions the RFP plan
fails as a matter of law because the emissions inventories fail to
include all actual emissions. The commenter notes that these emissions
are quantifiable since companies report these episodic emissions to be
included in TCEQ's emission inventory. The commenter also noted that
researchers in the past have confirmed that these episodic emissions
are important as they can sometimes result in large increases of ozone
and are significant to the ozone problem in Houston and not including
these episodic emissions in the RFP is erroneous. The commenter states
that the RFP SIP must include a ``comprehensive, accurate, current
inventory of actual emissions from all sources.''
Response: CAA section 182(a)(1) requires states with ozone
nonattainment areas to submit a SIP revision with a comprehensive,
accurate, current inventory of actual emissions from all sources in an
ozone nonattainment area in accordance with guidance provided by the
Administrator. CAA section 182(b)(1) requires ozone nonattainment areas
classified as Moderate and above to submit a RFP SIP revision. To
implement CAA emissions inventory requirements for the 2008 ozone NAAQS
we promulgated ``Emissions inventory requirements'' at 40 CFR 51.1115.
The emissions values are required to be an average day's emissions for
a typical ozone season work weekday (40 CFR 51.1115(c) and 40 CFR
51.1100(cc)).
To implement the RFP requirements for the 2008 ozone NAAQS we
promulgated ``Requirements for reasonable further progress'' at 40 CFR
51.1110. The values of the base year emissions inventory for RFP plans
are to be an average day's emissions for a typical ozone season work
weekday (40 CFR 51.1110(b) and 40 CFR 51.1100(cc)).
Texas submitted a 2011 base year emissions inventory SIP revision
for the HGB area on July 16, 2014 and we approved it as meeting the
emissions inventory requirements for the 2008 ozone standard on
February 20, 2015 (80 FR 9204). The RFP demonstration updated the
previously approved emissions inventory with better estimates of an
average day's emissions for a typical ozone season work weekday. A
summary of the update to the 2011 base year emissions inventory is
found in table 1.
Table 1--Update to the 2011 Base Year Emissions Inventory for the HGB Area
[Tons per day]
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Source category Previous NOX Updated NOX Previous VOC Updated VOC
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Point........................................... 108.44 108.33 94.83 95.99
Area............................................ 21.14 21.15 308.73 304.90
On-road......................................... 196.21 188.02 82.62 80.73
Mobile..........................................
Non-road........................................ 121.11 142.44 49.93 49.78
Mobile..........................................
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Total....................................... 446.90 459.94 536.12 531.40
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EPA's rules and guidance call for an estimate of typical ozone
season day (summer weekday) emissions to set the RFP baseline. EPA's
emission inventory guidance recommends including Startup, Shutdown, and
Maintenance emissions in the RFP baseline and future year weekday ozone
season day emission inventory values if the emissions can be reasonably
and sufficiently quantified with regular and predictable emissions.\1\
Similarly, Texas emission inventory guidance is to include all
authorized/planned \2\ Start-up, Shutdown and Maintenance emissions in
the ozone season day emissions reported in annual emission inventories
submitted by sources that are used by TCEQ for the RFP baseline and
future year RFP inventories.\3\ In their RFP SIP, TCEQ included
authorized/planned Start-up, Shutdown, and Maintenance (SSM) emissions
from 2011 in their 2011 baseline inventory and also included
authorized/planned emissions that occurred in 2014 in the 2014
inventory that they used to project the 2017 future RFP inventory.
Since the amount and magnitude of authorized/planned events varies from
day to day, Texas includes the average value of these emissions in the
RFP average weekday inventory.\4\ So, Texas does include an estimate of
authorized/planned Start-up, Shutdown, and Maintenance emissions.
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\1\ ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations''; EPA-454/B-17-003, July
2017; pages 79-80. And ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations'', EPA-454/
B-17-003; July 2017, page 19, Section 2.5.2.
\2\ The commenter discussed unplanned and unauthorized emissions
and TCEQ guidance centers around authorized and non-authorized and
does not use the unplanned/planned language. For this Response to
Comment we are interpreting that the commenter was equating planned
with authorized and unplanned with non-authorized.
\3\ TCEQ RG-360A/11 ``2011 Emission Inventory Guidelines'' pages
65-70 and TCEQ RG-360A/14, ``2014 Emission Inventory Guidelines''
pages 70-72.
\4\ Texas receives data on the hours that the emissions occurred
for each occurrence and then totals the emissions during ozone
season and divides by the total number of hours that these types of
emissions occurred to yield an average emission rate (lb/hr that is
translated to OSD) that is included in the RFP inventories.
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Texas does not include unplanned startups, shutdowns, maintenance,
upsets and other unauthorized emissions in their RFP inventories. This
is consistent with EPA's guidance which states;\5\ ``Since malfunctions
are, by nature, unpredictable and given the myriad different types of
malfunctions that can occur, malfunction emissions would be difficult
to estimate and future-year malfunction events cannot be readily
predicted. Thus, states are not obligated to include malfunction
emissions in the base inventory for the NAA, ROP/RFP plans, or
attainment projected inventory for the NAA. However, to the extent that
malfunctions become a regular and predictable event, then such
emissions should be quantified with regular and predictable emissions
and included in emission inventories for planning purposes. The
elimination of high emissions during routinely reoccurring malfunctions
could potentially help achieve significant emissions reductions needed
by a state in attaining the relevant NAAQS.'' Malfunctions in EPA's
terminology are very similar to unplanned events in TCEQ's regulatory
structure. Because of the unpredictability and variability of unplanned
and/or unauthorized emissions due to malfunctions, as explained in the
EPA guidance it is reasonable that Texas did not include these
emissions in its estimate of average ozone season weekday emissions.
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\5\ ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations''; EPA-454/B-17-003, July
2017; page 80.
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Although these unauthorized emissions are not appropriate to be
included in the RFP plan, TCEQ recognizes the importance of emissions
from startups, shutdowns, maintenance, and upsets/malfunctions. These
episodic emissions (planned and unplanned) are quantified and included
in the attainment demonstration modeling which better lends itself for
utilization of day to day variation of emissions because daily
emissions from specific historic episodes are modeled versus typical
ozone season day weekday emissions used in the RFP inventories.\6\
Furthermore, based on the evolving knowledge about unplanned episodic
emissions and the potential impacts on ozone levels, TCEQ has conducted
a number of studies that have resulted in best management practice
improvements for some point source categories to reduce episodic
emission events.\7\ For example, TCEQ's studies have included best
management practice improvements for flaring, which is one of the
sources related with malfunctions and that may have the potential to
impact ozone levels. These best management practice improvements are
expected to result in emission reductions, but EPA acknowledges that
quantification of baseline and future year emission events and non-
authorized/unplanned start-up, shutdown, and maintenance emissions
(future year would be expected to be different than baseline) with the
certainty required for a RFP SIP is not reasonably possible.
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\6\ EPA-R06-OAR-2017-0053-0004; ``Appendix B: Emissions Modeling
for the HGB Attainment Demonstration sip Revision for the 2008
Eight-Hour Ozone Standard''
\7\ For a discussion of the studies please see pages 248-251 of
the Technical Support Document for the Houston Galveston Brazoria
Modeling and Other Analyses Attainment Demonstration (HGB-MOAAD) at
https://www.regulations.gov/document?D=EPA-R06-OAR-2013-0387-0002.
Also see documents available at https://www.tceq.texas.gov/airquality/stationary-rules/stakeholder/flare_stakeholder.html.
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In sum, Texas's approach is consistent with our emissions inventory
guidance regarding non-authorized/unplanned episodic/malfunction
emissions. EPA believes these emissions can vary significantly and
unpredictably from day to day and therefore it is acceptable these
emissions not be included in the periodic emissions inventory required
under 40 CFR 51.1115(b) or the emissions inventory for RFP purposes. We
note Texas recognizes the importance of these emissions and has
undertaken efforts to reduce episodic emissions. In conclusion, TCEQ
has met the requirements of 40 CFR 51.1110, 40 CFR 51.1115 and sections
182(a)(1) and 182(b)(1) of the CAA.
Comment: Environmental Integrity Project also stated that we may
not rely on motor vehicle emissions reductions that we intend to
discontinue. The comment stated that the single largest anticipated
vehicle emissions reduction is from the Federal Motor Vehicle Control
Program (FMVCP) and referred to an April announcement that we would
work with the National Highway Traffic Safety Administration to revise
the greenhouse gas (GHG) emissions standards and Corporate Average Fuel
Economy (CAFE) standards for model year 2022 and 2025 light-duty
vehicles.
Response: EPA agrees that SIPs can only rely upon reductions that
are enforceable for the purpose and years addressed by the SIP.
However, it is incorrect that the RFP SIP relies on motor vehicle
emissions reductions that we intend to discontinue. The RFP SIP
addresses NOx and VOC emission levels for the year 2011 to
2018, and during that time period the SIP relies on NOx and
VOC emission reductions that have already occurred. In the case of the
contingency measure reductions, these are expected to occur in 2018 due
to regulations that have been implemented. In addition, it is important
to note that the SIP relies upon EPA's emissions standard regulations
which reduce criteria pollutant emissions. The GHG
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regulations cited by the commenter do not affect criteria pollutant
emissions standards and are also not related to the years addressed by
the SIP.
III. Final Action
We are approving the HGB RFP SIP revision submitted on December 29,
2016, to meet the RFP requirements for the HGB moderate 2008 8-hour
ozone nonattainment area as well as an updated 2011 base year emissions
inventory for the 2008 Ozone NAAQS. This action is being taken under
section 110 of the Act.
IV. 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 approves 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 15, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: February 6, 2019.
Anne Idsal,
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(e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding an entry at the end for ``HGB Area
Reasonable Further Progress (RFP) Plan, RFP Contingency Measures, RFP
Motor Vehicle Emission Budgets for 2017, and Revised 2011 Base Year
Emissions Inventory for the 2008 Ozone NAAQS'' to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal/ date Comments
area effective date
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HGB Area Reasonable Further Brazoria, 12/29/2016 2/13/2019, ...........................
Progress (RFP) Plan, RFP Chambers, Fort [Insert Federal
Contingency Measures, RFP Bend, Galveston, Register
Motor Vehicle Emission Harris, Liberty, citation].
Budgets for 2017, and Revised Montgomery and
2011 Base Year Emissions Waller Counties,
Inventory for the 2008 Ozone TX.
NAAQS.
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[FR Doc. 2019-02021 Filed 2-12-19; 8:45 am]
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