[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55379-55383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16640]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2021-0525; FRL-10583-02-R6]


Air Plan Approval; Texas; Oil and Natural Gas Reasonably 
Available Control Technology in the Dallas-Fort Worth and Houston-
Galveston-Brazoria Ozone Nonattainment Areas

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 the July 20, 2021, 
revisions to the Texas State Implementation Plan (SIP) concerning 
Reasonably Available Control Technology (RACT) requirements for sources 
covered by the 2016 Oil and Natural Gas Control Techniques Guidelines 
(CTG or CTGs) for the Dallas-Fort Worth (DFW) and the Houston-
Galveston-Brazoria (HGB) nonattainment areas (NAAs) for the 2008 8-hour 
ozone National Air Quality Ambient Air Quality Standards (NAAQS).

DATES: This rule is effective on September 14, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R06-OAR-2021-0525. 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. Publicly available docket materials are 
available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Anupa Ahuja, EPA Region 6 Office, 
Infrastructure and Ozone Section, 214-665-2701, [email protected]. 
Please email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our 
February 17, 2023 proposal (88 FR 10253). In that document, we proposed 
to approve Texas' July 20, 2021 SIP submittal, which includes revisions 
to the Texas SIP concerning the DFW and HGB 2008 8-hour ozone NAAQS 
NAAs, as meeting the RACT requirements for sources covered by the Oil 
and Gas CTG.\1\ The DFW area consists of Collin, Dallas, Denton, Ellis, 
Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise Counties. The HGB 
area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, 
Liberty, Montgomery, and Waller Counties. These areas were both 
reclassified as Serious nonattainment for the 2008 ozone NAAQS on 
August 23, 2019. The revisions are to Title 30 of the Texas 
Administrative Code (TAC) Chapter 115. The revisions create new RACT 
rules for oil and gas production and

[[Page 55380]]

natural gas processing in the DFW and HGB NAAs in Subchapter B in a new 
Division 7. EPA is also approving additional revisions to 30 TAC 
Chapter 115 which are non-substantive changes to Subchapters B, 
Divisions 1 and 2 and Subchapter D, Division 3 to reflect the change in 
the Chapter 115 rule applicability for the types of equipment currently 
required to comply with existing rule requirements but that would be 
subject to the Subchapter B, new Division 7 rule requirements upon the 
compliance date. The proposed approval was based on our review of 30 
TAC Chapter 115 Subchapter B, Divison 7 rules for consistency with 
EPA's definition of RACT. The details of EPA's review can be found in 
the technical support document (TSD) associated with the proposal.\2\ 
We also proposed approving the new codification of changes to 
consolidate the rule requirements into a new section based on our 
determination that these changes were non-substantive and do not alter 
any existing rule requirement.
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    \1\ https://www3.epa.gov/airquality/ctg_act/2016-ctg-oil-and-gas.pdf.
    \2\ https://www.regulations.gov/document/EPA-R06-OAR-2021-0525-0002.
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    We received comments on our proposal from several commenters. Our 
response to comments follows.

II. Response to Comments

    Comment: One commenter stated that the oil and natural gas 
industries should be made to drastically reduce volatile organic 
compound (VOC) emissions for the safety of human health and the 
environment, especially in nonattainment areas. They encouraged the EPA 
to continue to push for the elimination of VOCs and suggested the 
implementation of taxes or penalties, and replacing natural gas and oil 
with eco-friendly technologies.
    Response: We generally agree that the effects of excessive VOC 
emissions on human health and the environment are negative. The EPA 
uses both ``traditional'' regulatory approaches and economic incentive 
approaches in implementing its mandates under the CAA. The 2016 oil and 
natural gas CTG at issue in this action is one of the tools under the 
CAA to reduce VOC emissions from certain sources. The approval of the 
revisions to 30 Texas Administrative Code (TAC) Chapter 115 in this 
action will reduce VOC emissions from oil and gas sources in the DFW 
and the HGB 2008 ozone nonattainment areas. This will in turn help to 
reduce the adverse impacts of these pollutants on public health and 
welfare. With respect to implementing penalty fees, the state of Texas 
and EPA both have the authority to bring enforcement actions against 
sources for violations of federally approved SIPs, including 30 TAC 
Chapter 115 rules. However, the other issues raised by the commenter 
(elimination of VOCs, taxing, and eco-friendly technologies to replace 
natural gas and oil) are outside the scope of this action. This action 
is limited to the approval of the revisions to the 30 TAC Chapter 115, 
Subchapter B, Divisions 1, 2, 3, and 7 to address a VOC RACT 
requirement related to emissions from oil and gas sources in the DFW 
and HGB nonattainment areas.
    Comment: Two commenters stated that further regulatory standards 
should be implemented to control sources of VOCs and nitrogen oxides 
(NOX), precursors of ground level ozone. They further stated 
that revised and updated SIPs should be approved to reduce emissions 
and to further the ability to enforce compliance with emissions limits. 
One commenter agrees that this action will not only improve the 
monitoring of these harmful pollutants but will also strengthen the 
regulatory enforcement and compliance of emissions limits as well as 
ensure efficiency of industry equipment.
    Response: These comments appear to support approval of the 
revisions to 30 TAC Chapter 115 that will reduce emissions of VOCs from 
oil and natural gas sources in the DFW and HGB nonattainment areas. As 
stated in our proposal, ground-level ozone, or smog, is formed when 
VOCs and NOX emissions interact in the presence of sunlight. 
Automobiles, power plants, and refineries are some of the major sources 
of these ozone precursors.
    Ozone is one of the six criteria pollutants identified in the CAA. 
Accordingly, the CAA requires the EPA to periodically review and update 
the NAAQS to ensure that it provides adequate health and environmental 
protection. When the EPA establishes or revises a NAAQS, it is required 
to designate areas of the country as meeting or not meeting the 
standard. For areas that do not meet the standard, the Act provides 
emissions control requirements based on the extent of the ozone problem 
in the area. Section 182 of the CAA provides the specific attainment 
planning and additional requirements that apply to each ozone 
nonattainment area based on its classification. RACT for CTG-covered 
sources is one of the tools required by the CAA to reduce the emission 
of ozone precursors thereby reducing the formation of ground-level 
ozone.
    Under the CAA, states have the primary responsibility to ensure the 
air quality within their geographic area is in compliance with the 
NAAQS. Each state must therefore develop and adopt their SIP as state 
law. The SIP is then submitted to the EPA for review. If the EPA 
approves the SIP, those control measures become federally enforceable. 
Therefore, the state of Texas and the EPA both have authority to bring 
enforcement actions for violations of the federally approved 30 TAC 
Chapter 115 rules.
    Comment: One commenter stated that SIPs should gain the power to 
penalize states that do not follow this act and that EPA should make 
more regulations to keep the planet clean and healthy.
    Response: We understand the commenter's concern to be that SIPs 
should be enforceable, and that EPA should penalize states for not 
following the Clean Air Act. First, the state of Texas and the EPA both 
have authority to bring enforcement actions against sources for 
violations of federally approved SIPs. Members of the public can also 
file citizen suits under the CAA to address violations of SIPs. Second, 
the CAA includes certain negative consequences should a state fail to 
submit all or a portion of a SIP as required by the CAA, or where the 
EPA disapproves a SIP as not meeting the CAA requirements. In those 
situations, the EPA is required to develop a federal implementation 
plan (FIP) for the state unless the state addresses the deficiency 
appropriately. See CAA Section 110(c). Sanctions may also be imposed on 
the state in those situations. See CAA Section 179. For more details on 
Air Quality Implementation Plans please visit https://www.epa.gov/air-quality-implementation-plans.

III. Final Action

    We are approving the revisions to the 30 TAC Chapter 115, 
Subchapter B, Divisions 1, 2, 3, and 7 as meeting RACT to address VOC 
emissions from oil and gas sources in the DFW and HGB nonattainment 
areas submitted to the EPA on July 20, 2021, for inclusion into the 
Texas SIP. This action is being taken under Section 110 of the Act.
    In this action, the EPA is approving the following revisions to the 
Texas SIP adopted on June 20, 2021, and submitted to the EPA on 
December 17, 2021:
     Revisions to 30 TAC Chapter 115, Sections 115.111, 
115.112, 115.119, and 115.121,
     Adoption of Division 7: Oil and Natural Gas in Ozone 
Nonattainment
     Areas and 30 TAC Sections 115.170 through 115.181 and 
115.183, and
    Revisions to 30 TAC Section 115.357.

[[Page 55381]]

IV. Environmental Justice Considerations

    EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within the DFW 
and HGB 2008 ozone NAAs. EPA then compared the data to the national 
average, for each of the demographic groups. The results of this 
analysis are included in the docket for this action and are provided 
for informational and transparency purposes. The results of the 
demographic analysis indicate that communities in close proximity to 
industrial sources may be subject to disproportionate environmental 
impacts of air pollution.
    This final action approves revisions to the Texas SIP to reduce VOC 
emissions from oil and natural gas sources in the DFW and HGB 2008 
ozone NAAs. We expect that this action and resulting emissions 
reductions will generally be neutral or contribute to reduced 
environmental and health impacts on all populations in the DFW and HGB 
2008 ozone NAAs, including people of color and low-income populations. 
At a minimum, this action would not worsen any existing air quality and 
is expected to ensure the area is meeting requirements to attain and/or 
maintain air quality standards. Further, there is no information in the 
record indicating that this action is expected to have 
disproportionately high or adverse human health or environmental 
effects on a particular group of people.

V. Incorporation by Reference

    In this action, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, the EPA is finalizing the incorporation by reference of 
Texas' revisions to 30 TAC Chapter 115, Subchapter B, Divisions 1, 2, 
3, and 7 as meeting RACT to address VOC emissions from oil and gas 
sources in the DFW and HGB nonattainment areas as described in the 
Final Action section above. The EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.

VI. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
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 14094 (88 FR 21879, April 11, 
2023);
     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, 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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     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 Clean Air Act.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal even though the CAA and 
applicable implementing regulations neither prohibit nor require an 
evaluation. EPA performed an environmental justice analysis, as is 
described above in the section titled, ``Environmental Justice 
Considerations.'' The analysis was done for the purpose of providing 
additional context and information about this rulemaking to the public, 
not as a basis of the action. Due to the nature of the action being 
taken here, this action is expected to have a neutral to positive 
impact on the air quality of the affected area. In addition, there is 
no information in the record upon which this decision is based that is 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 October 16, 2023. 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

[[Page 55382]]

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: July 31, 2023.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 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'', under the heading ``Chapter 115 (Reg 5)--Control of 
Air Pollution from Volatile Organic Compounds'', is amended by:
    (a) Under the subheading ``Subchapter B: General Volatile Organic 
Compound Sources'',
    (i) Revising the entries for sections 115.111, 115.112, 115.119, 
and 115.121; and
    (ii) Adding ``Division 7: Oil and Natural Gas in Ozone 
Nonattainment Areas'' consisting of sections 115.170 through 115.181 
and 115.183, immediately following the entry for section 115.169; and
    (b) Under the subheadings ``Subchapter D--Petroleum Refining, 
Natural Gas Processing, and Petrochemical Processes'' and ``Division 3: 
Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline 
Processing, and Petrochemical Processes in Ozone Nonattainment Areas'', 
revising the entry for section 115.357.
    The revisions and addition 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Subchapter B: General Volatile Organic Compound Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 115.111..................  Exemptions.........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.112..................  Control                7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 115.119..................  Compliance             7/20/2021  ...................  ......................
                                    Schedules.
 
                                                  * * * * * * *
Section 115.121..................  Emissions              7/20/2021  8/15/2023, [Insert   ......................
                                    Specifications.                   Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Division 7: Oil and Natural Gas in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.170..................  Applicability......    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.171..................  Definitions........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.172..................  Exemptions.........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
Section 115.173..................  Compressor Control     7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.174..................  Pneumatic              7/20/2021  8/15/2023, [Insert   ......................
                                    Controller and                    Federal Register
                                    Pump Control                      citation].
                                    Requirements.
Section 115.175..................  Storage Tank           7/20/2021  8/15/2023, [Insert   ......................
                                    Control                           Federal Register
                                    Requirements.                     citation].
Section 115.176..................  Alternative Control    7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.177..................  Fugitive Emission      7/20/2021  8/15/2023, [Insert   ......................
                                    Component                         Federal Register
                                    Monitoring                        citation].
                                    Requirements.

[[Page 55383]]

 
Section 115.178..................  Monitoring and         7/20/2021  8/15/2023, [Insert   ......................
                                    Inspection                        Federal Register
                                    Requirements.                     citation].
Section 115.179..................  Approved Test          7/20/2021  8/15/2023, [Insert   ......................
                                    Methods and                       Federal Register
                                    Testing                           citation].
                                    Requirements.
Section 115.180..................  Recordkeeping          7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.181..................  Reporting              7/20/2021  8/15/2023, [Insert   ......................
                                    Requirements.                     Federal Register
                                                                      citation].
Section 115.183..................  Compliance             7/20/2021  8/15/2023, [Insert   ......................
                                    Schedules.                        Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
                                     Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.357..................  Exemptions.........    7/20/2021  8/15/2023, [Insert   ......................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
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[FR Doc. 2023-16640 Filed 8-14-23; 8:45 am]
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