[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Proposed Rules]
[Pages 34812-34814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13930]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0164; FRL-12896-01-R6]
Air Plan Approval; Texas; Reasonably Available Control Technology
in the Dallas-Fort Worth Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the Texas State Implementation Plan (SIP). The revisions were
submitted by the Texas Commission on Environmental Quality (TCEQ) on
May 12, 2020, and May 13, 2020, and address certain CAA requirements
for the Dallas-Fort Worth (DFW) Serious Nonattainment Area (NAA) for
the 2008 ozone National Ambient Air Quality Standard (NAAQS).
Specifically, EPA is proposing to approve the revisions to 30 Texas
Administrative Code (TAC) Chapter 117 to implement the major source
Reasonably Available Control Technology (RACT) requirement for Nitrogen
Oxides (NOX), as addressed in the NOX RACT
analysis and negative declaration included with the Serious area
Attainment Demonstration (AD) SIP revision. The volatile organic
compounds (VOC) portion of the RACT analysis in the Serious area AD
submittal is addressed in a separate action.
DATES: Written comments must be received on or before August 25, 2025.
[[Page 34813]]
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0164 at https://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 Anupa Ahuja, (214) 665-
2701, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Anupa Ahuja, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-2701, [email protected]. We
encourage the public to submit comments via https://www.regulations.gov. Please call or 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
Under the CAA, EPA promulgated an 8-hour ozone standard of 0.075
parts per million (ppm) in 2008, which is more protective than the
previous 1997 8-hour ozone standard (73 FR 16436, March 27, 2008).\1\
On May 21, 2012, EPA published in the Federal Register the initial
designations and classifications for the 2008 8-hour ozone standard (77
FR 30088). The DFW 10-county area (Collin, Dallas, Denton, Ellis,
Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise counties) \2\ was
initially classified as Moderate nonattainment for the 2008 ozone
NAAQS. Id. at 30147. On August 23, 2019, the EPA reclassified the DFW
NAA from Moderate to Serious for the 2008 8-hour ozone NAAQS (84 FR
44238, August 23, 2019).\3\ Under its Serious classification, pursuant
to CAA sections 182(c) and 182(f), Texas must ensure NOX
RACT is in place for all major sources (50 tpy or greater) of
NOX in the DFW NAA.
---------------------------------------------------------------------------
\1\ On October 26, 2015, (80 FR 65292) EPA adopted another
revision to the Ozone standard (2015 8-hour ozone standard), but the
2008 standard remains in place. This notice concerns the Serious
area RACT requirements under the 2008 standard.
\2\ For the previous 8-hour ozone standard (the 1997 8-hour
ozone standard, 0.080 ppm), the DFW ozone NAA included the same
counties, aside from Wise County. Effective January 19, 2011, EPA
published a final determination of failure to attain and
reclassification of the DFW 9-county area from a moderate to a
serious nonattainment area for the 1997 eight-hour ozone standard
(75 FR 79302, December 20, 2010).
\3\ The DFW NAA missed the Serious area attainment date and thus
was reclassified to Severe (87 FR 60926, October 7, 2022). This
action does not address the DFW Severe NAA RACT requirements or the
DFW NAA for the 2015 ozone NAAQS.
---------------------------------------------------------------------------
Section 172(c)(1) of the CAA requires that SIPs for nonattainment
areas ``provide for the implementation of all reasonably available
control measures as expeditiously as practicable (including such
reductions in emissions from existing sources in the area as may be
obtained through the adoption, at a minimum, of reasonably available
control technology) and shall provide for attainment of the primary
National Ambient Air Quality Standards (NAAQS).'' The EPA has
interpreted this to mean that RACT is the lowest emissions limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available, considering
technological and economic feasibility.\4\ Section 182 of the CAA
requires that states must ensure RACT is in place for each source
category for which EPA has issued a control techniques guidelines
(CTG), and for any major source not covered by a CTG. CAA section
182(c) defines ``major stationary source'' as one that emits or has the
potential to emit 50 tons per year (tpy) or more of NOX. EPA
issues CTGs and each CTG describes techniques available for reducing
emissions of VOC from a category of sources, and states recommended
levels of control.\5\ EPA also issues Alternative Control Techniques
(ACTs) for NOX. ACTs provide information on available
control technologies and their respective cost effectiveness at the
time the ACT was issued. ACTs provide information related to control of
both major and minor sources, but states are only required to provide
for RACT at major sources of NOX.
---------------------------------------------------------------------------
\4\ 44 FR 53762, September 17, 1979.
\5\ Id.
---------------------------------------------------------------------------
In 2015, EPA published the final SIP Requirements Rule (SRR) for
implementing the 2008 8-hour ozone NAAQS (80 FR 12279, March 6, 2015).
EPA described in the SRR an approach ``. . . allowing in some cases for
states to conclude that sources already addressed by RACT
determinations for the 1-hour and/or the 1997 ozone NAAQS do not need
to implement additional controls to meet the 2008 ozone NAAQS RACT
requirement'' and noted that ``in some cases, a new RACT determination
would result in the same or similar control technology under the 1-hour
or 1997 standard because fundamental control techniques, as described
in the CTGs and ACTs, are still applicable.'' Importantly, EPA stated
that while states should refer to the existing CTGs and ACTs for
purposes of informing their RACT requirements, in doing an updated
assessment of RACT for the nonattainment the state should also refer to
``. . . all relevant information (including recent technical
information and information received during the public comment period)
that is available at the time that they are developing their RACT SIPs
for the 2008 ozone NAAQS.''
II. TCEQ SIP Submissions
On May 12, 2020, TCEQ submitted to EPA a SIP revision to 30 TAC
Chapter 117 to implement the major source RACT requirements for
NOX associated with its Serious classification for the 2008
ozone NAAQS. TCEQ also submitted to EPA on May 13, 2020, the DFW
Serious area AD SIP revision that included a RACT demonstration and
analysis for NOX, a negative declaration for the nitric or
adipic acid manufacturing category of emission sources, and a
discussion of cement kilns operating in the nonattainment area.
A. TCEQ SIP Revision for Control of Air Pollution From Nitrogen Oxides,
30 TAC Chapter 117
On May 12, 2020, the EPA received the TCEQ's submitted rule
revisions to 30 TAC Chapter 117 ``Control of Air Pollution from
Nitrogen Oxides''. The proposed revisions revise 30 TAC Chapter 117 to
amend the definition of the DFW NAA to include Wise County and extend
the implementation of
[[Page 34814]]
Serious area RACT to new major sources of NOX in the DFW
NAA, including Wise County.\6\ In EPA's action reclassifying the DFW
NAA as Serious for the 2008 8-hour ozone NAAQS, Wise County was
reclassified from Moderate to Serious nonattainment. 80 FR 44238
(August 23, 2019). The State revised Chapter 117 to implement RACT
requirements for all major sources of NOX in all ten
counties of the DFW Serious ozone NAA as required by CAA sections
172(c)(1), 182(c), and 182(f). The new Serious major source levels are
set at 50 tpy for the DFW NAA in these rule changes. The Chapter 117
changes ensure major sources of NOX emissions in Wise County
are now subject to RACT requirements under the Serious classification.
---------------------------------------------------------------------------
\6\ In 2011, the DFW 9-county area was reclassified from a
Moderate to a Serious nonattainment area under the 1997 eight-hour
ozone standard (75 FR 79302, December 20, 2010).
---------------------------------------------------------------------------
B. TCEQ SIP Revision for the DFW NOX RACT Demonstration and
Analysis, DFW AD, Appendix F
The TCEQ analysis for NOX sources in the DFW NAA can be
found in Chapter 4 of the AD, Section 4.5.2 (RACT Analysis,
NOX RACT Determination), and Appendix F (Reasonably
Available Control Technology Analysis) of the May 13, 2020, SIP
submittal. A copy of Appendix F is also included in the docket to our
action.
TCEQ reviewed the EPA's ACT documents to identify potential source
categories of NOX emissions. TCEQ also reviewed the point
source emissions inventory and Title V databases to identify all major
sources of NOX emissions. TCEQ's assessment included sources
that reported actual emissions as low as 25 tpy of NOX to
account for the difference between actual and potential emissions.
C. Negative Declaration Submitted To EPA on May 13, 2020
For the source category ``Nitric and Adipic Acid Manufacturing'',
Texas stated that there no existing nitric or adipic acid manufacturing
plants in the DFW NAA area. TCEQ also stated that for sites with cement
kilns in Ellis County, no sites have used wet kilns since 2015, having
replaced higher-emitting wet kilns with dry kilns.
III. EPA's Evaluation
A detailed analysis is provided in the Technical Support Document
(TSD) for this action and other supporting documents are available in
the docket for this action.
EPA has reviewed the proposed RACT analysis in the AD, appendix F,
and the proposed and final record provided by TCEQ for Chapter 117 rule
revisions which includes explanations and determinations on
NOX control technologies, economic and technical
feasibility, and NOX emissions reductions expected. In
addition, EPA examined recent relevant technical information, including
best available control technology (BACT) determinations, recent
documents issued by the EPA that contained information on the
performance of NOX control technologies, resulting emissions
reductions, and other state rules to compare to Texas' SIP submittal
and in other states where similar source categories exist in NAAs.\7\
These documents are identified in the TSD and are available in the
public docket to this action.
---------------------------------------------------------------------------
\7\ 2017 OTC White Paper on Control Technologies and OTC State
Regulations for Nitrogen Oxides (NOX) Emissions from
Eight Source Categories, 2019 OTC Regulatory and Technical Guideline
for Control of Nitrogen Oxides (NOX) Emissions from
Natural Gas Pipeline Compressor Fuel-Fired Prime Movers, 2023 EGU
NOX Mitigation Strategies Final Rule TSD, 2023 Final Non-
EGU Sectors TSD.
---------------------------------------------------------------------------
EPA finds that a comparison of Texas' NOX emissions
rates to other state's rates, recent BACT determinations, and the Texas
rulemaking and AD records provide sufficient justification that the
control technologies included in the previously approved Chapter 117
rules continue to comprise RACT level of control for the DFW
nonattainment area for the 2008 ozone NAAQS.
IV. Proposed Action
The EPA is proposing to determine that the SIP revisions submitted
by TCEQ on May 12, 2020, and May 13, 2020, fulfill the Serious RACT
requirements for the DFW nonattainment area for the 2008 ozone NAAQS.
The EPA is also proposing to approve the concurrent Chapter 117 rule
revisions.
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);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review 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 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); and
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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, Nitrogen dioxide, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 16, 2025.
Walter Mason,
Regional Administrator, Region 6.
[FR Doc. 2025-13930 Filed 7-23-25; 8:45 am]
BILLING CODE 6560-50-P