83_FR_29850 83 FR 29727 - Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology in the Houston-Galveston-Brazoria Ozone Nonattainment Area

83 FR 29727 - Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology in the Houston-Galveston-Brazoria Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29727-29731
FR Document2018-13651

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing approval of revisions to the Texas State Implementation Plan (SIP) addressing volatile organic compounds (VOC) revised rules and the State's reasonably available control technology (RACT) analyses for VOC and nitrogen oxides (NO<INF>X</INF>). We are proposing to approve the revised VOC rules as assisting in reaching attainment of the 2008 ozone National Air Quality Ambient Air Quality Standards (NAAQS or the standard) and as meeting the RACT requirements in the Houston- Galveston-Brazoria 2008 8-hour ozone nonattainment area (HGB area). We are also proposing to approve negative declarations for certain VOC source categories subject to RACT in the HGB area. The EPA also is proposing to find that the State's RACT analyses demonstrate that the HGB area meets the VOC and NO<INF>X</INF> RACT requirements for this standard.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29727-29731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13651]



[[Page 29727]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0055; FRL-9979-57--Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology in the Houston-Galveston-
Brazoria 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 the Act), the 
Environmental Protection Agency (EPA) is proposing approval of 
revisions to the Texas State Implementation Plan (SIP) addressing 
volatile organic compounds (VOC) revised rules and the State's 
reasonably available control technology (RACT) analyses for VOC and 
nitrogen oxides (NOX). We are proposing to approve the 
revised VOC rules as assisting in reaching attainment of the 2008 ozone 
National Air Quality Ambient Air Quality Standards (NAAQS or the 
standard) and as meeting the RACT requirements in the Houston-
Galveston-Brazoria 2008 8-hour ozone nonattainment area (HGB area). We 
are also proposing to approve negative declarations for certain VOC 
source categories subject to RACT in the HGB area. The EPA also is 
proposing to find that the State's RACT analyses demonstrate that the 
HGB area meets the VOC and NOX RACT requirements for this 
standard.

DATES: Written comments must be received on or before July 26, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0055, 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 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 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: Robert M. Todd, 214-665-2156, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Todd 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

    Volatile Organic Compounds (VOC) and Oxides of Nitrogen 
(NOX) help produce ground-level ozone, or smog, which harms 
human health and the environment. Sections 182(b)(2) and (f) require 
that SIPs for ozone nonattainment areas classified as moderate or above 
include implementation of RACT for any source covered by a Control 
Techniques Guidelines (CTG) document and for any major source of VOC or 
NOX. The EPA has defined RACT as 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. See September 17, 
1979 (44 FR 53761).
    For a Moderate, Serious, or Severe area a major stationary source 
is one that emits, or has the potential to emit, 100, 50, or 25 tons 
per year (tpy) or more of VOCs or NOX, respectively. See CAA 
sections 182(b), 182(c), and 182(d). The EPA provides states with 
guidance concerning what types of controls could constitute RACT for a 
given source category through the issuance of CTG and Alternative 
Control Techniques (ACT) documents. See http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html (URL dating August 17, 2014) for a 
listing of EPA-issued CTGs and ACTs. Any major source not covered by 
the presumptive CTG rule or a rule similar to the ACT must be 
controlled to meet RACT.
    On March 27, 2008, the EPA revised the primary and secondary Ozone 
(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 nonattainment 
areas 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 8-
hour average ozone concentration. See 40 CFR part 50, appendix I.
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    The HGB area, which consists of Brazoria, Chambers, Fort Bend, 
Galveston, Harris, Liberty, Montgomery, and Waller Counties in Texas, 
is currently designated as nonattainment for the 2008 8-hour ozone 
NAAQS with a ``moderate'' classification (81 FR 90207, December 14, 
2016). Originally the HGB area was classified as ``marginal'' (77 FR 
30088 and 77 FR 30160, May 21, 2012).\4\ However, the HGB area did not 
meet the revised attainment deadline of July 20, 2016 and was 
reclassified to moderate. Based on the moderate classification of the 
HGB area for the 2008 ozone standard, under section 182(b) of the CAA, 
a major stationary source in the area is one that emits, or has the 
potential to emit, 100 tpy or more of VOCs or NOX.
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    \4\ Subsequently the attainment deadlines were revised under the 
marginal classification. 80 FR 12264, March 6, 2015; 81 FR 26697, 
May 4, 2016.

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[[Page 29728]]

    On December 29, 2016 Texas submitted its SIP demonstration that 
RACT for sources of VOC and NOX emissions in the HGB area is 
met for the 2008 NAAQS, along rule revisions to 30 TAC, Chapter 115 
(Control of Air Pollution from Volatile Organic Compounds). Texas, in 
its SIP analyses to identify major stationary sources of NOX 
and VOC reviewed the TCEQ point source emissions inventory, NSR and 
Clean Air Act Title V databases to locate potential sources. All 
sources in the Title V database that were listed as a major source for 
NOX or VOC emissions are included in the RACT analysis. TCEQ 
noted that they reviewed sources that reported actual emissions as low 
as 10 tpy of NOX or VOC to account for the difference 
between actual and potential emissions. TCEQ also noted that sites from 
the emissions inventory database with emissions equal to or greater 
than a threshold of 25 tpy or more of NOX or VOC definition 
that were not identified in the Title V database and could not be 
verified as minor sources by other means are also included in the RACT 
analysis.

II. Evaluation

Reliance on Prior RACT Determination for HGB Area

    In TCEQ's December 29, 2016 SIP, Table F-1 titled ``State Rules 
Addressing VOC RACT Requirements in CTG Reference Documents'' lists VOC 
CTG source categories, its reference document, and state rules 
addressing VOC RACT requirements. Table F-2 titled ``State Rules 
Addressing VOC RACT Requirements in ACT Reference Documents,'' in 
TCEQ's December 29, 2016 SIP, lists state rules addressing VOC RACT in 
ACT reference documents. The implementation rule of March 6, 2015 (80 
FR 12279), explains that States should refer to existing CTG 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 ozone NAAQS do not need to implement 
additional controls to meet the 2008 ozone NAAQS RACT requirement (80 
FR 12264, March 6, 2015). The EPA has approved the 30 TAC Chapter 115 
VOC rules as RACT for the HGB area under the 1-hour and1997 8-hour 
ozone NAAQS (71 FR, 52670, September 6, 2006;78 FR 19599, April 2, 
2013; 79 FR 21144, April 15, 2014; 79 FR 45105, August 4, 2014; and 80 
FR 16291, March 27, 2015). The EPA determined that VOC RACT is in place 
for all CTG and non-CTG major sources in the HGB area for the 1-hour 
and 1997 8-hour ozone NAAQS (71 FR 52676, September 6, 2006 and 79 FR 
21144, April 15, 2014). Texas's SIP submittal relies on those EPA-
approved Chapter 115 rules for the 1-hour and 1997 8-hour ozone NAAQS 
to fulfill RACT requirement for CTG and non-CTG VOC major sources for 
the 2008 8-hour ozone NAAQS. We are proposing to incorporate by 
reference the dockets for those decisions.\5\
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    \5\ See EPA-R06-OAR-2005-TX-0018 and EPA-R06-OAR-2012-0100, 
available through the Regulations.gov website at: https://www.regulations.gov/.
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    We are proposing to find that the rules we approved as meeting RACT 
for the 1-hour and 1997 8-hour ozone NAAQS also meet RACT for the 2008 
8-hour ozone NAAQS. We have determined this is appropriate because the 
fundamental control techniques described in the CTG and ACT documents, 
are still applicable and a new RACT determination by Texas would result 
in the same or similar control technology as the RACT determinations 
made for the 1-hour or 1997 standard. This view is supported by the 
implementing rule for the 2008 ozone NAAQS.\6\ The Chapter 115 rules 
provide appropriate VOC emissions reductions that are equivalent to 
control options cited in the CTG and ACT documents and any non-CTG 
major sources are controlled. During the public comment period for the 
attainment demonstration the state received one suggestion to implement 
the new CTG for the Oil and Natural Gas Industry (EPA-453/B-16-001, 
October 2016) in the HGB area. EPA has issued a notice of proposed 
withdrawal; request for comment. See 83 FR 10478, March 9, 2018.
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    \6\ See 80 FR 12279, final action and rationale and 80 FR 12280, 
first column, comments and responses.
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VOC RACT Analysis for Additional Controls or Newly Identified Sources

    TCEQ found that the VOC storage tank category was partially 
controlled and evaluated whether additional controls would be feasible 
and economical. They revised the storage tank rules to add more 
controls to meet RACT. TCEQ also identified a Vegetable Oil 
Manufacturing Operations source emitting VOCs in a quantity greater 
than the major source definition required under the previous NAAQS 
standard for the HGB area. TCEQ's analysis showed that the source met 
control recommendations listed in an earlier CTG document for the 
Vegetable Oil Manufacturing Operations source category and therefore 
met RACT. We are proposing to fully approve the submitted rules as part 
of the SIP to assist in achieving the 2008 ozone NAAQS and finding the 
revised storage tank rules meet VOC RACT for the HGB area. Below, we 
discuss in more detail our proposed approval of the storage tank rule 
revisions and the vegetable oil manufacturing processing source as 
meeting RACT. Please see the Technical Support Document (TSD) for 
additional information.
    Texas in its DFW RACT analyses for the 2008 ozone standard, found 
that the storage tank source category was partially controlled and 
additional controls were feasible and economical. We recently approved 
storage tank rule revisions as meeting the RACT requirement for the 
2008 ozone NAAQS in the DFW area.\7\ The SIP requirements controlling 
VOC emissions from storage tanks are found in 30 TAC, Chapter 115, 
Subchapter B, Division 1 (Storage of Volatile Organic Compounds) and 
Texas revised Sec. Sec.  115.112, 115.114, 115.118 and 115.119 for the 
HGB area to match those EPA approved for the DFW area as RACT. The 
major changes are to Sec.  115.112, Control Requirements, which 
increases control efficiency of control devices, other than vapor 
recovery units or flares, from 90% to 95% for VOC storage tanks in the 
HGB area and expands the requirement to control VOC emissions to 
sources not previously covered; Sec.  115.114, Inspection Requirements, 
which adds the requirement to inspect closure devices on fixed roofs 
tanks to prevent VOC flash gassing; Sec.  115.118, Recordkeeping 
Requirements, which expands recordkeeping requirements for fixed roof 
crude oil and condensate storage tanks with uncontrolled VOC emissions 
of at least 25 tpy to the HGB area, as well as extends record retention 
for affected VOC storage tanks and expands the rule applicability to 
include the aggregate of fixed roof crude oil and condensate storage 
tanks at pipeline breakout stations in the HGB area; and, Sec.  
115.119, Compliance Schedules, which clarifies the responsibility for 
sources in the HGB area to comply and defines July 20, 2018 as the 
final date for owners and operators to comply with the new standards 
for the area. The increased control efficiency requirements; 
inspection, repair, and recordkeeping requirements; and expanded 
applicability for fixed roof

[[Page 29729]]

crude oil and condensate storage tanks are already in place for VOC 
storage tanks in the DFW area. We have approved the rule changes into 
the state SIP and found they meet VOC RACT for the DFW area. We are 
proposing to incorporate by reference the docket for that decision.\8\
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    \7\ We approved those rules on December 21, 2017. See 82 FR 
60546. The codification of the Texas SIP approved by EPA can be 
found at 40 CFR 52.2270(c).
    \8\ See is EPA-R06-OAR-2015-0832, available through the 
Regulations.gov website at: https://www.regulations.gov/.
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    The adopted rule revisions address RACT for both CTG and non-CTG 
major VOC storage tanks in the HGB area. We propose to approve the 
Texas submitted revisions, as described in detail in the TSD to this 
proposal, to the storage tank rule for the HGB area as part of the SIP 
and as meeting RACT for the HGB area for the 2008 8-hour NAAQS.
    In the Texas submittal, the State identified a vegetable oil 
manufacturing operation category in the HGB area as a major source.\9\ 
Previously, EPA had approved Texas' negative declaration for vegetable 
oil manufacturing operation for the HGB area for the VOC RACT for the 
1997 8-hour ozone NAAQS (79 FR 21144, April 15, 2014). In its RACT 
analysis for the 2008 8-hour ozone standard, Texas determined that 
existing SIP-approved Chapter 115 rules for existing process vents and 
the bulk loading operations already approved as RACT for the 1997 8-
hour ozone standard satisfy VOC RACT requirements for this single 
vegetable oil manufacturing operations source. The SIP rules are 
consistent with the EPA approved RACT requirements for vegetable oil 
processing operations in the San Joaquin Valley Unified Air Pollution 
Control District Rule 461.2 (current rule number 4691) (59 FR 2535, 
January 18, 1994). Also this source category is covered under 40 CFR 
part 63, subpart GGGG. EPA agrees with Texas that the controls for 
vegetable oil manufacturing operations meet RACT. Thus, we propose to 
approve Texas's analysis that RACT is met for the vegetable oil 
manufacturing operation source. For further details of the San Joaquin 
rule, please see the TSD.
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    \9\ The Vegetable Oil Control Techniques Guideline was deferred 
regarding implementation in 1979 and it is not currently listed as 
an applicable source category. The Solvent Extraction for Vegetable 
Oil Production NESHAP (40 CFR part 63 Subpart GGGG) applies controls 
to the same manufacturing category and emission sources, has been 
adopted by reference into TCEQ's Chapter 113 regulations and applies 
to this facility.
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    During the public comment period for the attainment demonstration, 
the state did receive a suggestion that it include the October, 2016 
Oil and Natural Gas CTG \10\ in their RACT analysis. A review of EPA's 
implementing memo \11\ for this CTG shows Texas is required to submit 
revisions to the SIP two years, or sooner, after the availability of 
the CTG. In this case, the date of the notice of availability was 
October 27, 2016 (See 81 FR 74798) which did not allow adequate time 
for Texas to incorporate the Oil and Natural Gas CTG controls into 
their state rules and submit them as part of this RACT analysis. Texas 
therefore was not required to consider this newly issued CTG in their 
analysis.
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    \10\ EPA has issued a ``notice of proposed withdrawal: request 
for comment'' indicating the agency is considering withdrawing the 
Oil and Natural Gas CTG. See 83 FR 10478, March 9, 2018.
    \11\ See ``Implementing Reasonably Available Control Technology 
Requirements for Sources Covered by the 2016 Control Techniques 
Guidelines for the Oil and Natural Gas Industry'' Memorandum from 
Anna Marie Wood, October 20, 2016. https://www.epa.gov/sites/production/files/2016-10/documents/implementing_reasonably_available_control_technology_requirements_for_sources_covered_by_the_2016_control_techniques_guidelines_for_the_oil_and_natural_gas_industry.pdf.
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VOC RACT Negative Declarations

    States are not required to adopt RACT limits for source categories 
for which no major sources exist in a nonattainment area and can submit 
a negative declaration to that effect. The negative declaration would 
need to assert that there are no major CTG sources in the area, and the 
accompanying analysis would need to support that conclusion. Texas has 
reviewed its emission inventory and determined that its previous 
negative declarations for fiberglass boat manufacturing materials, 
surface coating for flat wood paneling, letterpress printing, 
automobile and light-duty truck assembly coating, and rubber tire 
manufacturing submitted as part of its HGB Area VOC RACT SIP for the 
1997 ozone NAAQS are still applicable (79 FR 21144, April 15, 2014). We 
also are unaware of any sources in these CTG source categories in the 
area and therefore we propose to approve these negative declarations. 
See Table F-2 titled ``State Rules Addressing VOC RACT Requirements in 
ACT Reference Documents.'' We are also not aware of any major sources 
in the ACT source categories in the area and therefore we propose to 
agree with TCEQ's negative declaration for the ACT categories.
HGB Area NOX RACT TCEQ Analysis
    Under CAA section 182(f) RACT is required for major sources of NOx. 
For NOX, the EPA has issued ACT documents that describe 
available control technologies but do not define presumptive RACT 
levels. In TCEQ's December 29, 2016 SIP, Table F-3: State Rules 
Addressing NOX RACT Requirements in ACT Reference Documents 
provides the emission source categories, the ACT reference documents, 
and the state rules addressing the RACT requirements for sources in the 
NOX ACT documents. TCEQ also identified other major NOx 
sources than those covered by the ACT and how the RACT requirement is 
addressed for them. The RACT analysis is contained in Appendix F of the 
TCEQ's December 29, 2016 SIP submittal as a component of the HGB 2008 
8-hour ozone attainment demonstration plan.
    In 2013, EPA determined that NOX control measures in 30 
TAC Chapter 117 met 1997 8-hour RACT requirements for major sources of 
NOX in the HGB area under the 1-hour and 1997 8-hour ozone 
NAAQS (78 FR 19599, April 2, 2013). Texas's SIP relies on those EPA-
approved Chapter 117 rules to fulfill RACT requirements for 
NOX source categories that exist in the HGB area with the 
exception of a glass furnace. We are proposing to incorporate by 
reference the docket for that decision.\12\
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    \12\ See is EPA-R06-OAR-2012-0100, available through the 
Regulations.gov website at: https://www.regulations.gov/.
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    In our implementation rule for the 2008 ozone NAAQS we made clear 
we believed that, in some cases, new RACT determinations would ``result 
in the same or similar control technology as the RACT determinations 
made for the 1-hour or 1997 standards.'' This is because the 
fundamental control techniques, as described in the CTG and ACT 
documents, are still applicable. Following this line of reasoning, 
Texas determined the existing Chapter 117 NOX reduction 
regulations provide appropriate NOX emissions reductions 
that meet RACT emission reduction requirements and adequately 
incorporate ACT document controls where appropriate. As noted above, 
during the public comment period for the attainment demonstration, the 
state did receive a suggestion that it include the October, 2016 Oil 
and Natural Gas CTG in their RACT analysis. A review of the controls in 
the CTG indicated NOX emissions were not considered in this 
CTG. Texas, therefore, is not required to consider this newly issued 
CTG in their NOX analysis. We are proposing to find that the 
existing Chapter 117 rules meet the RACT requirement in the HGB area 
for the 2008 ozone NAAQS.
    Texas noted their review of NOX sources in the HGB area 
identified a facility falling under the Glass manufacturing ACT 
category. The source has existing controls consistent

[[Page 29730]]

with RACT. For a full discussion of the source and the rationale for 
including existing controls as RACT for the HGB area please see the TSD 
to this proposal. Texas did not locate any major sources subject to the 
NOX Emission from Cement Manufacturing ACT. For all the 
other NOX ACT sources, excepting the glass manufacturing 
facility mentioned above, the state has established Chapter 117 
regulations we have previously approved as RACT for the 1997 8-hour 
ozone NAAQS and as discussed above are proposing to find meet RACT for 
the 2008 ozone NAAQS.

CAA 110(l) Analysis

    CAA section 110(l) requires that a SIP revision submitted to EPA be 
adopted after reasonable notice and public hearing. Section 110(l) also 
requires that we not approve a SIP revision if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA.
    The TCEQ provided copies of the Public Notice of proposed changes 
to Chapter 115 (Control of VOC Emissions), including the text published 
in the Texas Register and local newspapers. The TCEQ also held a public 
hearing on the revisions to Chapter 115 on October 24, 2016 in Houston, 
Texas. (More information on the public comments the state received is 
available in the TSD to this proposal.)
    The only change in control requirements in these revisions are the 
additional controls for VOC storage tanks. The remainder of the 
revisions provide an evaluation that with new controls on VOC storage 
tanks, existing controls on NOX and VOC are sufficient to 
meet the RACT requirements for the HGB area. The changes to the VOC 
storage tank rules will enhance the state's ability to come into 
compliance with the 2008 O3 standard. The institution of the 
additional control requirements would not be expected to interfere with 
attainment or maintenance of any other NAAQS. In sum, Texas adopted the 
SIP revision after reasonable notice, a public hearing, and an 
opportunity for public comment. We propose that the revisions enhance 
the SIP by providing VOC emission reductions through new requirements 
on storage tanks and continuing NOX and VOC RACT controls 
for the HGB area. The CAA 110(l) requirements are met.

III. Proposed Action

    We are proposing to approve revisions to the Texas SIP addressing 
the 2008 ozone NAAQS and the RACT requirements for sources in the HGB 
area. Specifically, we are proposing to: (1) Find previous VOC and 
NOX RACT determinations made for the HGB area under the 1-
hour ozone NAAQS and the 1997 8-hour NAAQS meet RACT for the 2008 ozone 
NAAQS; (2) approve revisions to 30 TAC Chapter 115 sections described 
in Table 1 below into the state SIP because they assist in meeting the 
2008 ozone NAAQS; (3) find the revisions described in Table 1 below 
meet VOC RACT for the HGB area; and (4) find that the HGB area meets 
VOC and NOX RACT for the 2008 ozone NAAQS.

 Table 1--Summary of Substantive Revisions to 30 Tac Sec.   115 Propoped
                              for Approval
    [Subchapter B, Division 1, Storage of Volatile Organic Compounds]
------------------------------------------------------------------------
        Section amended                Amendment            Comments
------------------------------------------------------------------------
115.112 Control Requirements..  115.112(a)(3)--minor    Non substantive.
                                 clerical changes,
                                 changes Sec.
                                 60.18(b-f) to read
                                 Sec.   60.18(b)-(f).
                                115.112(d)(5)--Minor    Non substantive.
                                 word changes, changes
                                 ``subparagraphs'' to
                                 read ``subparagraph''.
                                115.112(d)--adds        Clarifies duty
                                 reference to            to comply in
                                 compliance dates and    HGB area by
                                 efficiencies cited in   July 20, 2018.
                                 115.112(e)(3).
                                115.112(e)(3)(A)(i-     Represents an
                                 iii)--increases         increased level
                                 control efficiency      of VOC control
                                 requirements for VOC    in the HGB area
                                 control devices,        on the date of
                                 other than flares or    implementation.
                                 vapor recovery
                                 devices, from 90%
                                 efficiency to 95%
                                 efficiency as of July
                                 20, 2018.
                                115.112(e)(5)--Word     Change will
                                 change applies the      reduce VOC
                                 requirement to          emissions in
                                 control VOC emissions   the HGB area by
                                 from aggregated         requiring
                                 storage tanks at        greater control
                                 pipeline breakout       of VOC
                                 stations in the HGB     emissions from
                                 NA area.                pipeline break
                                                         out stations in
                                                         the area.
                                115.112(e)(6)--Minor    Non substantive.
                                 word changes, changes
                                 ``subparagraphs'' to
                                 read ``subparagraph''.
                                115.112(e)(7)--Adds     Will aid in
                                 crude oil and           compliance and
                                 condensate storage      VOC emissions
                                 tanks in HGB area to    reductions.
                                 sources required to
                                 maintain flash
                                 emission control
                                 devices per
                                 manufacturer
                                 recommendations or
                                 good Engineering
                                 Practice.
115.114 Inspection              115.114(a)(5), adds     Will reduce
 Requirements.                   inspection              potential for
                                 requirement of          VOC emissions
                                 closure devices         in the HGB
                                 controlling VOC flash   area.
                                 gassing on fixed roof
                                 storage tanks storing
                                 crude oil or
                                 condensate prior to
                                 custody transfer or
                                 at pipeline breakout
                                 stations in the HGB
                                 area.
115.118 Recordkeeping           Changes to              Recordkeeping
 Requirements.                   115.118(a)(6)(D)--Exp   will enhance
                                 ands the requirement    compliance and
                                 to keep records         enforcement of
                                 detailing standards     control
                                 used to maintain        requirements.
                                 tanks and tank
                                 closure devices to
                                 sources in the HGB NA
                                 area. This
                                 recordkeeping
                                 requirement now
                                 applies to owner/
                                 operators (O/Os) of
                                 storage tanks used to
                                 store crude oil or
                                 condensate prior to
                                 custody transfer, or
                                 at a pipeline
                                 breakout station, in
                                 the HGB area and
                                 required to control
                                 flash emissions via
                                 115.112(e).
                                Changes to              Recordkeeping
                                 115.118(a)(6)(E)        will enhance
                                 expands requirement     compliance and
                                 to maintain record of   enforcement of
                                 inspection results      control
                                 and required repairs    requirements.
                                 in 115.112(e)(7) or
                                 115.114(a)(5) to
                                 sources in HGB area
                                 by eliminating the
                                 phrase limiting this
                                 requirement to the
                                 Dallas-Fort Worth
                                 area and making a
                                 minor wording change
                                 to the paragraph.
                                New requirement in      Applies five-
                                 115.118(a)(7) for O/    year
                                 Os to maintain any      recordkeeping
                                 record created after    requirement to
                                 January 1, 2017, in     affected
                                 the HGB NA area, for    sources in the
                                 five years at a         HGB area.
                                 minimum.               This is expected
                                                         to enhance
                                                         compliance and
                                                         enforcement of
                                                         the rules.
115.119 Compliance Schedules..  Changes to              Clarifies
                                 115.119(a)(1),          applicability
                                 clarifies existing      and will result
                                 sources in HGB NA       in increased
                                 area should comply      compliance and
                                 with control            reduced
                                 requirements in         regulatory
                                 115.112(e)(1)-(6),      confusion.
                                 rather than the
                                 earlier reference to
                                 115.112(e) in its
                                 entirety. The changes
                                 to the language
                                 distinguish between
                                 compliance dates for
                                 exiting requirements
                                 in the HGB NA area
                                 under 115.112(e)(1)-
                                 (6) and the new
                                 requirement for the
                                 HGB NA area under
                                 115.112(e)(7).

[[Page 29731]]

 
                                Additional sentence     Represents an
                                 expressly states the    increased level
                                 requirement to comply   of VOC control
                                 with 90% control        in the HGB area
                                 efficiency              on the date of
                                 requirement [see        implementation.
                                 115.112(e)(3)(A)(i)]   Ministerial
                                 in the HGB area no      changes are non-
                                 longer applies          substantive.
                                 beginning July 20,
                                 2018. Therefore, all
                                 control devices in
                                 the area must meet
                                 the 95% DRE
                                 requirement after
                                 that date. Also, some
                                 ministerial changes
                                 to conform with
                                 current formatting
                                 practices for state
                                 rules were made.
                                Changes to              Clarifies
                                 115.119(a)(2)           applicability
                                 clarifies existing      and should
                                 sources in HGB area     result in
                                 should comply with      increased
                                 control requirements    compliance and
                                 in 115.112(e)(1)-(6),   reduced
                                 rather than the         regulatory
                                 earlier reference to    confusion.
                                 115.112(e) in its
                                 entirety. The changes
                                 to the language
                                 distinguish between
                                 compliance dates for
                                 exiting requirements
                                 in the HGB NA area
                                 under 115.112(e)(1)-
                                 (6) and the new
                                 requirement for the
                                 HGB NA area under
                                 115.112(e)(7).
                                Additional wording      Full compliance
                                 expressly states the    represents an
                                 requirement to comply   increased level
                                 with 90% DRE [see       of VOC control
                                 115.112(e)(3)(A)(i)]    in the HGB NA
                                 is in effect in the     area and will
                                 HGB area for an         result in
                                 affected source until   reduced VOC
                                 the source complies     emissions in
                                 with the 95% control    the area on the
                                 efficiency stated in    date of
                                 115.112(e)(3)(A)(ii)    implementation.
                                 or July 20, 2018 at
                                 the latest.
                                New paragraph           Clarifies early
                                 115.119(a)(3) is        compliance is
                                 added requiring         desirable and
                                 compliance with new     establishes a
                                 control standards,      final date to
                                 inspection and record   comply.
                                 keeping requirements    Expected to
                                 for affected sources    simplify
                                 in the HGB NA area as   compliance and
                                 soon as practicable,    enforcement.
                                 but not later than
                                 July 20, 2018.
------------------------------------------------------------------------

IV. 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 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);
     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 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 20, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-13651 Filed 6-25-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules                                                   29727

                                                  ENVIRONMENTAL PROTECTION                                other file sharing system). For                        source not covered by the presumptive
                                                  AGENCY                                                  additional submission methods, please                  CTG rule or a rule similar to the ACT
                                                                                                          contact Robert M. Todd, (214) 665–                     must be controlled to meet RACT.
                                                  40 CFR Part 52                                          2156, Todd.Robert@epa.gov. For the full                   On March 27, 2008, the EPA revised
                                                  [EPA–R06–OAR–2017–0055; FRL–9979–                       EPA public comment policy,                             the primary and secondary Ozone (O3)
                                                  57—Region 6]                                            information about CBI or multimedia                    standard to a level of 75 parts per billion
                                                                                                          submissions, and general guidance on                   (ppb). Promulgation of a NAAQS
                                                  Approval and Promulgation of                            making effective comments, please visit                triggers a requirement for the EPA to
                                                  Implementation Plans; Texas;                            http://www2.epa.gov/dockets/                           designate areas as nonattainment,
                                                  Reasonably Available Control                            commenting-epa-dockets.                                attainment, or unclassifiable, and to
                                                  Technology in the Houston-Galveston-                       Docket: The index to the docket for                 classify the NAAs at the time of
                                                  Brazoria Ozone Nonattainment Area                       this action is available electronically at             designation. On May 21, 2012, the EPA
                                                                                                          www.regulations.gov and in hard copy                   established initial area designations for
                                                  AGENCY:  Environmental Protection
                                                                                                          at the EPA Region 6, 1445 Ross Avenue,                 most areas of the country with respect
                                                  Agency (EPA).
                                                                                                          Suite 700, Dallas, Texas. While all                    to the 2008 primary and secondary
                                                  ACTION: Proposed rule.
                                                                                                          documents in the docket are listed in                  eight-hour O3 NAAQS. The EPA
                                                  SUMMARY:    Pursuant to the Federal Clean               the index, some information may be                     published two rules addressing final
                                                  Air Act (CAA or the Act), the                           publicly available only at the hard copy               implementation 1 and air quality
                                                  Environmental Protection Agency (EPA)                   location (e.g., copyrighted material), and             designations.2 The implementation rule
                                                  is proposing approval of revisions to the               some may not be publicly available at                  established classifications, associated
                                                  Texas State Implementation Plan (SIP)                   either location (e.g., CBI).                           attainment deadlines, and revoked the
                                                  addressing volatile organic compounds                   FOR FURTHER INFORMATION CONTACT:                       1997 O3 standards for transportation
                                                  (VOC) revised rules and the State’s                     Robert M. Todd, 214–665–2156,                          conformity purposes. The designation
                                                  reasonably available control technology                 Todd.Robert@epa.gov. To inspect the                    rule finalized the NAA boundaries for
                                                  (RACT) analyses for VOC and nitrogen                    hard copy materials, please schedule an                areas that did not meet the 75 ppb
                                                  oxides (NOX). We are proposing to                       appointment with Mr. Todd or Mr. Bill                  standard. Furthermore, the finalized
                                                  approve the revised VOC rules as                        Deese at 214–665–7253.                                 nonattainment areas were classified
                                                  assisting in reaching attainment of the                 SUPPLEMENTARY INFORMATION:                             according to the severity of their O3 air
                                                  2008 ozone National Air Quality                         Throughout this document wherever                      quality problems as determined by each
                                                  Ambient Air Quality Standards                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            area’s design value.3 The O3
                                                  (NAAQS or the standard) and as                          the EPA.                                               classification categories were defined as
                                                  meeting the RACT requirements in the                                                                           Marginal, Moderate, Serious, Severe, or
                                                  Houston-Galveston-Brazoria 2008 8-                      I. Background                                          Extreme.
                                                  hour ozone nonattainment area (HGB                         Volatile Organic Compounds (VOC)                       The HGB area, which consists of
                                                  area). We are also proposing to approve                 and Oxides of Nitrogen (NOX) help                      Brazoria, Chambers, Fort Bend,
                                                  negative declarations for certain VOC                   produce ground-level ozone, or smog,                   Galveston, Harris, Liberty, Montgomery,
                                                  source categories subject to RACT in the                which harms human health and the                       and Waller Counties in Texas, is
                                                  HGB area. The EPA also is proposing to                  environment. Sections 182(b)(2) and (f)                currently designated as nonattainment
                                                  find that the State’s RACT analyses                     require that SIPs for ozone                            for the 2008 8-hour ozone NAAQS with
                                                  demonstrate that the HGB area meets                     nonattainment areas classified as                      a ‘‘moderate’’ classification (81 FR
                                                  the VOC and NOX RACT requirements                       moderate or above include                              90207, December 14, 2016). Originally
                                                  for this standard.                                      implementation of RACT for any source                  the HGB area was classified as
                                                  DATES: Written comments must be                         covered by a Control Techniques                        ‘‘marginal’’ (77 FR 30088 and 77 FR
                                                  received on or before July 26, 2018.                    Guidelines (CTG) document and for any                  30160, May 21, 2012).4 However, the
                                                  ADDRESSES: Submit your comments,                        major source of VOC or NOX. The EPA                    HGB area did not meet the revised
                                                  identified by Docket No. EPA–R06–                       has defined RACT as the lowest                         attainment deadline of July 20, 2016 and
                                                  OAR–2017–0055, at http://                               emissions limitation that a particular                 was reclassified to moderate. Based on
                                                  www.regulations.gov or via email to                     source is capable of meeting by the                    the moderate classification of the HGB
                                                  Todd.Robert@epa.gov. Follow the                         application of control technology that is              area for the 2008 ozone standard, under
                                                  online instructions for submitting                      reasonably available, considering                      section 182(b) of the CAA, a major
                                                  comments. Once submitted, comments                      technological and economic feasibility.                stationary source in the area is one that
                                                  cannot be edited or removed from                        See September 17, 1979 (44 FR 53761).                  emits, or has the potential to emit, 100
                                                  Regulations.gov. The EPA may publish                       For a Moderate, Serious, or Severe                  tpy or more of VOCs or NOX.
                                                  any comment received to its public                      area a major stationary source is one
                                                  docket. Do not submit electronically any                that emits, or has the potential to emit,                1 See 77 FR 30160 ‘‘Implementation of the 2008

                                                  information you consider to be                          100, 50, or 25 tons per year (tpy) or                  National Ambient Air Quality Standards for Ozone:
                                                                                                                                                                 Nonattainment Area Classifications Approach,
                                                  Confidential Business Information (CBI)                 more of VOCs or NOX, respectively. See                 Attainment Deadlines and Revocation of the 1997
                                                  or other information whose disclosure is                CAA sections 182(b), 182(c), and 182(d).               Ozone Standards for Transportation Conformity
                                                  restricted by statute. Multimedia                       The EPA provides states with guidance                  Purposes.’’
                                                                                                                                                                   2 See 77 FR 30088, ‘‘Air Quality Designations for
                                                  submissions (audio, video, etc.) must be                concerning what types of controls could
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                                                                                                                                                                 the 2008 Ozone National Ambient Air Quality
                                                  accompanied by a written comment.                       constitute RACT for a given source                     Standards.’’
                                                  The written comment is considered the                   category through the issuance of CTG                     3 The air quality design value for the 8-hour
                                                  official comment and should include                     and Alternative Control Techniques                     ozone NAAQS is the three-year average of the
                                                  discussion of all points you wish to                    (ACT) documents. See http://                           annual fourth highest daily maximum 8-hour
                                                  make. The EPA will generally not                        www.epa.gov/airquality/ozonepollution/                 average ozone concentration. See 40 CFR part 50,
                                                                                                                                                                 appendix I.
                                                  consider comments or comment                            SIPToolkit/ctgs.html (URL dating                         4 Subsequently the attainment deadlines were
                                                  contents located outside of the primary                 August 17, 2014) for a listing of EPA-                 revised under the marginal classification. 80 FR
                                                  submission (i.e., on the web, cloud, or                 issued CTGs and ACTs. Any major                        12264, March 6, 2015; 81 FR 26697, May 4, 2016.



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                                                  29728                    Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules

                                                     On December 29, 2016 Texas                           determined that VOC RACT is in place                   Manufacturing Operations source
                                                  submitted its SIP demonstration that                    for all CTG and non-CTG major sources                  category and therefore met RACT. We
                                                  RACT for sources of VOC and NOX                         in the HGB area for the 1-hour and 1997                are proposing to fully approve the
                                                  emissions in the HGB area is met for the                8-hour ozone NAAQS (71 FR 52676,                       submitted rules as part of the SIP to
                                                  2008 NAAQS, along rule revisions to 30                  September 6, 2006 and 79 FR 21144,                     assist in achieving the 2008 ozone
                                                  TAC, Chapter 115 (Control of Air                        April 15, 2014). Texas’s SIP submittal                 NAAQS and finding the revised storage
                                                  Pollution from Volatile Organic                         relies on those EPA-approved Chapter                   tank rules meet VOC RACT for the HGB
                                                  Compounds). Texas, in its SIP analyses                  115 rules for the 1-hour and 1997 8-hour               area. Below, we discuss in more detail
                                                  to identify major stationary sources of                 ozone NAAQS to fulfill RACT                            our proposed approval of the storage
                                                  NOX and VOC reviewed the TCEQ point                     requirement for CTG and non-CTG VOC                    tank rule revisions and the vegetable oil
                                                  source emissions inventory, NSR and                     major sources for the 2008 8-hour ozone                manufacturing processing source as
                                                  Clean Air Act Title V databases to locate               NAAQS. We are proposing to                             meeting RACT. Please see the Technical
                                                  potential sources. All sources in the                   incorporate by reference the dockets for               Support Document (TSD) for additional
                                                  Title V database that were listed as a                  those decisions.5                                      information.
                                                  major source for NOX or VOC emissions                      We are proposing to find that the                      Texas in its DFW RACT analyses for
                                                  are included in the RACT analysis.                      rules we approved as meeting RACT for                  the 2008 ozone standard, found that the
                                                  TCEQ noted that they reviewed sources                   the 1-hour and 1997 8-hour ozone                       storage tank source category was
                                                  that reported actual emissions as low as                NAAQS also meet RACT for the 2008 8-                   partially controlled and additional
                                                  10 tpy of NOX or VOC to account for the                 hour ozone NAAQS. We have                              controls were feasible and economical.
                                                  difference between actual and potential                 determined this is appropriate because                 We recently approved storage tank rule
                                                  emissions. TCEQ also noted that sites                   the fundamental control techniques                     revisions as meeting the RACT
                                                  from the emissions inventory database                   described in the CTG and ACT                           requirement for the 2008 ozone NAAQS
                                                  with emissions equal to or greater than                 documents, are still applicable and a                  in the DFW area.7 The SIP requirements
                                                  a threshold of 25 tpy or more of NOX or                 new RACT determination by Texas                        controlling VOC emissions from storage
                                                  VOC definition that were not identified                 would result in the same or similar                    tanks are found in 30 TAC, Chapter 115,
                                                  in the Title V database and could not be                control technology as the RACT                         Subchapter B, Division 1 (Storage of
                                                  verified as minor sources by other                      determinations made for the 1-hour or                  Volatile Organic Compounds) and Texas
                                                  means are also included in the RACT                     1997 standard. This view is supported                  revised §§ 115.112, 115.114, 115.118
                                                  analysis.                                               by the implementing rule for the 2008                  and 115.119 for the HGB area to match
                                                                                                          ozone NAAQS.6 The Chapter 115 rules                    those EPA approved for the DFW area
                                                  II. Evaluation                                          provide appropriate VOC emissions                      as RACT. The major changes are to
                                                  Reliance on Prior RACT Determination                    reductions that are equivalent to control              § 115.112, Control Requirements, which
                                                  for HGB Area                                            options cited in the CTG and ACT                       increases control efficiency of control
                                                                                                          documents and any non-CTG major                        devices, other than vapor recovery units
                                                     In TCEQ’s December 29, 2016 SIP,                     sources are controlled. During the
                                                  Table F–1 titled ‘‘State Rules                                                                                 or flares, from 90% to 95% for VOC
                                                                                                          public comment period for the                          storage tanks in the HGB area and
                                                  Addressing VOC RACT Requirements in                     attainment demonstration the state
                                                  CTG Reference Documents’’ lists VOC                                                                            expands the requirement to control VOC
                                                                                                          received one suggestion to implement                   emissions to sources not previously
                                                  CTG source categories, its reference                    the new CTG for the Oil and Natural Gas
                                                  document, and state rules addressing                                                                           covered; § 115.114, Inspection
                                                                                                          Industry (EPA–453/B–16–001, October                    Requirements, which adds the
                                                  VOC RACT requirements. Table F–2                        2016) in the HGB area. EPA has issued
                                                  titled ‘‘State Rules Addressing VOC                                                                            requirement to inspect closure devices
                                                                                                          a notice of proposed withdrawal;                       on fixed roofs tanks to prevent VOC
                                                  RACT Requirements in ACT Reference                      request for comment. See 83 FR 10478,
                                                  Documents,’’ in TCEQ’s December 29,                                                                            flash gassing; § 115.118, Recordkeeping
                                                                                                          March 9, 2018.                                         Requirements, which expands
                                                  2016 SIP, lists state rules addressing
                                                  VOC RACT in ACT reference                               VOC RACT Analysis for Additional                       recordkeeping requirements for fixed
                                                  documents. The implementation rule of                   Controls or Newly Identified Sources                   roof crude oil and condensate storage
                                                  March 6, 2015 (80 FR 12279), explains                                                                          tanks with uncontrolled VOC emissions
                                                                                                            TCEQ found that the VOC storage
                                                  that States should refer to existing CTG                                                                       of at least 25 tpy to the HGB area, as
                                                                                                          tank category was partially controlled
                                                  and ACT documents as well as all                                                                               well as extends record retention for
                                                                                                          and evaluated whether additional
                                                  relevant technical information including                                                                       affected VOC storage tanks and expands
                                                                                                          controls would be feasible and
                                                  recent technical information received                                                                          the rule applicability to include the
                                                                                                          economical. They revised the storage
                                                  during the public comment period to                                                                            aggregate of fixed roof crude oil and
                                                                                                          tank rules to add more controls to meet
                                                  determine if RACT is being applied.                                                                            condensate storage tanks at pipeline
                                                                                                          RACT. TCEQ also identified a Vegetable
                                                  States may conclude, in some cases, that                                                                       breakout stations in the HGB area; and,
                                                                                                          Oil Manufacturing Operations source
                                                  sources already addressed by RACT                                                                              § 115.119, Compliance Schedules,
                                                                                                          emitting VOCs in a quantity greater than
                                                  determinations to meet the 1-hour and/                                                                         which clarifies the responsibility for
                                                                                                          the major source definition required
                                                  or the 1997 8-hour ozone NAAQS do                                                                              sources in the HGB area to comply and
                                                                                                          under the previous NAAQS standard for
                                                  not need to implement additional                                                                               defines July 20, 2018 as the final date
                                                                                                          the HGB area. TCEQ’s analysis showed
                                                  controls to meet the 2008 ozone NAAQS                                                                          for owners and operators to comply
                                                                                                          that the source met control
                                                  RACT requirement (80 FR 12264, March                                                                           with the new standards for the area. The
                                                                                                          recommendations listed in an earlier
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                                                  6, 2015). The EPA has approved the 30                                                                          increased control efficiency
                                                                                                          CTG document for the Vegetable Oil
                                                  TAC Chapter 115 VOC rules as RACT                                                                              requirements; inspection, repair, and
                                                  for the HGB area under the 1-hour                         5 See EPA–R06–OAR–2005–TX–0018 and EPA–
                                                                                                                                                                 recordkeeping requirements; and
                                                  and1997 8-hour ozone NAAQS (71 FR,                      R06–OAR–2012–0100, available through the               expanded applicability for fixed roof
                                                  52670, September 6, 2006;78 FR 19599,                   Regulations.gov website at: https://
                                                                                                          www.regulations.gov/.                                    7 We approved those rules on December 21, 2017.
                                                  April 2, 2013; 79 FR 21144, April 15,                     6 See 80 FR 12279, final action and rationale and    See 82 FR 60546. The codification of the Texas SIP
                                                  2014; 79 FR 45105, August 4, 2014; and                  80 FR 12280, first column, comments and                approved by EPA can be found at 40 CFR
                                                  80 FR 16291, March 27, 2015). The EPA                   responses.                                             52.2270(c).



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                                                                           Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules                                                   29729

                                                  crude oil and condensate storage tanks                  of EPA’s implementing memo 11 for this                 Requirements in ACT Reference
                                                  are already in place for VOC storage                    CTG shows Texas is required to submit                  Documents provides the emission
                                                  tanks in the DFW area. We have                          revisions to the SIP two years, or sooner,             source categories, the ACT reference
                                                  approved the rule changes into the state                after the availability of the CTG. In this             documents, and the state rules
                                                  SIP and found they meet VOC RACT for                    case, the date of the notice of                        addressing the RACT requirements for
                                                  the DFW area. We are proposing to                       availability was October 27, 2016 (See                 sources in the NOX ACT documents.
                                                  incorporate by reference the docket for                 81 FR 74798) which did not allow                       TCEQ also identified other major NOx
                                                  that decision.8                                         adequate time for Texas to incorporate                 sources than those covered by the ACT
                                                    The adopted rule revisions address                    the Oil and Natural Gas CTG controls                   and how the RACT requirement is
                                                  RACT for both CTG and non-CTG major                     into their state rules and submit them as              addressed for them. The RACT analysis
                                                  VOC storage tanks in the HGB area. We                   part of this RACT analysis. Texas                      is contained in Appendix F of the
                                                  propose to approve the Texas submitted                  therefore was not required to consider                 TCEQ’s December 29, 2016 SIP
                                                  revisions, as described in detail in the                this newly issued CTG in their analysis.               submittal as a component of the HGB
                                                  TSD to this proposal, to the storage tank                                                                      2008 8-hour ozone attainment
                                                  rule for the HGB area as part of the SIP                VOC RACT Negative Declarations
                                                                                                                                                                 demonstration plan.
                                                  and as meeting RACT for the HGB area                       States are not required to adopt RACT                  In 2013, EPA determined that NOX
                                                  for the 2008 8-hour NAAQS.                              limits for source categories for which no              control measures in 30 TAC Chapter 117
                                                    In the Texas submittal, the State                     major sources exist in a nonattainment                 met 1997 8-hour RACT requirements for
                                                  identified a vegetable oil manufacturing                area and can submit a negative                         major sources of NOX in the HGB area
                                                  operation category in the HGB area as a                 declaration to that effect. The negative               under the 1-hour and 1997 8-hour ozone
                                                  major source.9 Previously, EPA had                      declaration would need to assert that                  NAAQS (78 FR 19599, April 2, 2013).
                                                  approved Texas’ negative declaration for                there are no major CTG sources in the                  Texas’s SIP relies on those EPA-
                                                  vegetable oil manufacturing operation                   area, and the accompanying analysis                    approved Chapter 117 rules to fulfill
                                                  for the HGB area for the VOC RACT for                   would need to support that conclusion.                 RACT requirements for NOX source
                                                  the 1997 8-hour ozone NAAQS (79 FR                      Texas has reviewed its emission                        categories that exist in the HGB area
                                                  21144, April 15, 2014). In its RACT                     inventory and determined that its                      with the exception of a glass furnace.
                                                  analysis for the 2008 8-hour ozone                      previous negative declarations for                     We are proposing to incorporate by
                                                  standard, Texas determined that                         fiberglass boat manufacturing materials,               reference the docket for that decision.12
                                                  existing SIP-approved Chapter 115 rules                 surface coating for flat wood paneling,                   In our implementation rule for the
                                                  for existing process vents and the bulk                 letterpress printing, automobile and                   2008 ozone NAAQS we made clear we
                                                  loading operations already approved as                  light-duty truck assembly coating, and                 believed that, in some cases, new RACT
                                                  RACT for the 1997 8-hour ozone                          rubber tire manufacturing submitted as                 determinations would ‘‘result in the
                                                  standard satisfy VOC RACT                               part of its HGB Area VOC RACT SIP for                  same or similar control technology as
                                                  requirements for this single vegetable oil              the 1997 ozone NAAQS are still                         the RACT determinations made for the
                                                  manufacturing operations source. The                    applicable (79 FR 21144, April 15,                     1-hour or 1997 standards.’’ This is
                                                  SIP rules are consistent with the EPA                   2014). We also are unaware of any                      because the fundamental control
                                                  approved RACT requirements for                          sources in these CTG source categories                 techniques, as described in the CTG and
                                                  vegetable oil processing operations in                  in the area and therefore we propose to                ACT documents, are still applicable.
                                                  the San Joaquin Valley Unified Air                      approve these negative declarations. See               Following this line of reasoning, Texas
                                                  Pollution Control District Rule 461.2                   Table F–2 titled ‘‘State Rules                         determined the existing Chapter 117
                                                  (current rule number 4691) (59 FR 2535,                 Addressing VOC RACT Requirements in                    NOX reduction regulations provide
                                                  January 18, 1994). Also this source                     ACT Reference Documents.’’ We are                      appropriate NOX emissions reductions
                                                  category is covered under 40 CFR part                   also not aware of any major sources in                 that meet RACT emission reduction
                                                  63, subpart GGGG. EPA agrees with                       the ACT source categories in the area                  requirements and adequately
                                                  Texas that the controls for vegetable oil               and therefore we propose to agree with                 incorporate ACT document controls
                                                  manufacturing operations meet RACT.                     TCEQ’s negative declaration for the ACT                where appropriate. As noted above,
                                                  Thus, we propose to approve Texas’s                     categories.                                            during the public comment period for
                                                  analysis that RACT is met for the                                                                              the attainment demonstration, the state
                                                                                                          HGB Area NOX RACT TCEQ Analysis
                                                  vegetable oil manufacturing operation                                                                          did receive a suggestion that it include
                                                  source. For further details of the San                    Under CAA section 182(f) RACT is                     the October, 2016 Oil and Natural Gas
                                                  Joaquin rule, please see the TSD.                       required for major sources of NOx. For                 CTG in their RACT analysis. A review
                                                    During the public comment period for                  NOX, the EPA has issued ACT                            of the controls in the CTG indicated
                                                  the attainment demonstration, the state                 documents that describe available                      NOX emissions were not considered in
                                                  did receive a suggestion that it include                control technologies but do not define                 this CTG. Texas, therefore, is not
                                                  the October, 2016 Oil and Natural Gas                   presumptive RACT levels. In TCEQ’s                     required to consider this newly issued
                                                  CTG 10 in their RACT analysis. A review                 December 29, 2016 SIP, Table F–3: State                CTG in their NOX analysis. We are
                                                                                                          Rules Addressing NOX RACT                              proposing to find that the existing
                                                     8 See is EPA–R06–OAR–2015–0832, available
                                                                                                                                                                 Chapter 117 rules meet the RACT
                                                  through the Regulations.gov website at: https://        agency is considering withdrawing the Oil and          requirement in the HGB area for the
                                                  www.regulations.gov/.                                   Natural Gas CTG. See 83 FR 10478, March 9, 2018.
                                                     9 The Vegetable Oil Control Techniques Guideline        11 See ‘‘Implementing Reasonably Available
                                                                                                                                                                 2008 ozone NAAQS.
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                                                  was deferred regarding implementation in 1979 and       Control Technology Requirements for Sources               Texas noted their review of NOX
                                                  it is not currently listed as an applicable source      Covered by the 2016 Control Techniques Guidelines      sources in the HGB area identified a
                                                  category. The Solvent Extraction for Vegetable Oil      for the Oil and Natural Gas Industry’’ Memorandum      facility falling under the Glass
                                                  Production NESHAP (40 CFR part 63 Subpart               from Anna Marie Wood, October 20, 2016. https://
                                                  GGGG) applies controls to the same manufacturing
                                                                                                                                                                 manufacturing ACT category. The
                                                                                                          www.epa.gov/sites/production/files/2016-10/
                                                  category and emission sources, has been adopted by      documents/implementing_reasonably_available_           source has existing controls consistent
                                                  reference into TCEQ’s Chapter 113 regulations and       control_technology_requirements_for_sources_
                                                  applies to this facility.                               covered_by_the_2016_control_techniques_                  12 See is EPA–R06–OAR–2012–0100, available
                                                     10 EPA has issued a ‘‘notice of proposed             guidelines_for_the_oil_and_natural_gas_                through the Regulations.gov website at: https://
                                                  withdrawal: request for comment’’ indicating the        industry.pdf.                                          www.regulations.gov/.



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                                                  29730                     Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules

                                                  with RACT. For a full discussion of the                    Chapter 115 (Control of VOC                              We propose that the revisions enhance
                                                  source and the rationale for including                     Emissions), including the text published                 the SIP by providing VOC emission
                                                  existing controls as RACT for the HGB                      in the Texas Register and local                          reductions through new requirements
                                                  area please see the TSD to this proposal.                  newspapers. The TCEQ also held a                         on storage tanks and continuing NOX
                                                  Texas did not locate any major sources                     public hearing on the revisions to                       and VOC RACT controls for the HGB
                                                  subject to the NOX Emission from                           Chapter 115 on October 24, 2016 in                       area. The CAA 110(l) requirements are
                                                  Cement Manufacturing ACT. For all the                      Houston, Texas. (More information on                     met.
                                                  other NOX ACT sources, excepting the                       the public comments the state received
                                                  glass manufacturing facility mentioned                     is available in the TSD to this proposal.)               III. Proposed Action
                                                  above, the state has established Chapter                                                                               We are proposing to approve revisions
                                                                                                                The only change in control
                                                  117 regulations we have previously
                                                                                                             requirements in these revisions are the                  to the Texas SIP addressing the 2008
                                                  approved as RACT for the 1997 8-hour
                                                                                                             additional controls for VOC storage                      ozone NAAQS and the RACT
                                                  ozone NAAQS and as discussed above
                                                                                                             tanks. The remainder of the revisions                    requirements for sources in the HGB
                                                  are proposing to find meet RACT for the
                                                                                                             provide an evaluation that with new                      area. Specifically, we are proposing to:
                                                  2008 ozone NAAQS.
                                                                                                             controls on VOC storage tanks, existing                  (1) Find previous VOC and NOX RACT
                                                  CAA 110(l) Analysis                                        controls on NOX and VOC are sufficient                   determinations made for the HGB area
                                                     CAA section 110(l) requires that a SIP                  to meet the RACT requirements for the                    under the 1-hour ozone NAAQS and the
                                                  revision submitted to EPA be adopted                       HGB area. The changes to the VOC                         1997 8-hour NAAQS meet RACT for the
                                                  after reasonable notice and public                         storage tank rules will enhance the                      2008 ozone NAAQS; (2) approve
                                                  hearing. Section 110(l) also requires that                 state’s ability to come into compliance                  revisions to 30 TAC Chapter 115
                                                  we not approve a SIP revision if the                       with the 2008 O3 standard. The                           sections described in Table 1 below into
                                                  revision would interfere with any                          institution of the additional control                    the state SIP because they assist in
                                                  applicable requirement concerning                          requirements would not be expected to                    meeting the 2008 ozone NAAQS; (3)
                                                  attainment and reasonable further                          interfere with attainment or                             find the revisions described in Table 1
                                                  progress, or any other applicable                          maintenance of any other NAAQS. In                       below meet VOC RACT for the HGB
                                                  requirement of the CAA.                                    sum, Texas adopted the SIP revision                      area; and (4) find that the HGB area
                                                     The TCEQ provided copies of the                         after reasonable notice, a public hearing,               meets VOC and NOX RACT for the 2008
                                                  Public Notice of proposed changes to                       and an opportunity for public comment.                   ozone NAAQS.
                                                                    TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL
                                                                                                 [Subchapter B, Division 1, Storage of Volatile Organic Compounds]

                                                             Section amended                                                      Amendment                                                        Comments

                                                  115.112   Control Requirements ............   115.112(a)(3)—minor clerical changes, changes § 60.18(b–f) to read § 60.18(b)–      Non substantive.
                                                                                                  (f).
                                                                                                115.112(d)(5)—Minor word changes, changes ‘‘subparagraphs’’ to read ‘‘sub-          Non substantive.
                                                                                                  paragraph’’.
                                                                                                115.112(d)—adds reference to compliance dates and efficiencies cited in             Clarifies duty to comply in HGB area by
                                                                                                  115.112(e)(3).                                                                      July 20, 2018.
                                                                                                115.112(e)(3)(A)(i-iii)—increases control efficiency requirements for VOC control   Represents an increased level of VOC
                                                                                                  devices, other than flares or vapor recovery devices, from 90% efficiency to        control in the HGB area on the date
                                                                                                  95% efficiency as of July 20, 2018.                                                 of implementation.
                                                                                                115.112(e)(5)—Word change applies the requirement to control VOC emissions          Change will reduce VOC emissions in
                                                                                                  from aggregated storage tanks at pipeline breakout stations in the HGB NA           the HGB area by requiring greater
                                                                                                  area.                                                                               control of VOC emissions from pipe-
                                                                                                                                                                                      line break out stations in the area.
                                                                                                115.112(e)(6)—Minor word changes, changes ‘‘subparagraphs’’ to read ‘‘sub-          Non substantive.
                                                                                                  paragraph’’.
                                                                                                115.112(e)(7)—Adds crude oil and condensate storage tanks in HGB area to            Will aid in compliance and VOC emis-
                                                                                                  sources required to maintain flash emission control devices per manufacturer       sions reductions.
                                                                                                  recommendations or good Engineering Practice.
                                                  115.114   Inspection Requirements ........    115.114(a)(5), adds inspection requirement of closure devices controlling VOC       Will reduce potential for VOC emissions
                                                                                                  flash gassing on fixed roof storage tanks storing crude oil or condensate prior    in the HGB area.
                                                                                                  to custody transfer or at pipeline breakout stations in the HGB area.
                                                  115.118   Recordkeeping Requirements          Changes to 115.118(a)(6)(D)—Expands the requirement to keep records detail-         Recordkeeping will enhance compliance
                                                                                                  ing standards used to maintain tanks and tank closure devices to sources in         and enforcement of control require-
                                                                                                  the HGB NA area. This recordkeeping requirement now applies to owner/op-            ments.
                                                                                                  erators (O/Os) of storage tanks used to store crude oil or condensate prior to
                                                                                                  custody transfer, or at a pipeline breakout station, in the HGB area and re-
                                                                                                  quired to control flash emissions via 115.112(e).
                                                                                                Changes to 115.118(a)(6)(E) expands requirement to maintain record of inspec-       Recordkeeping will enhance compliance
                                                                                                  tion results and required repairs in 115.112(e)(7) or 115.114(a)(5) to sources      and enforcement of control require-
                                                                                                  in HGB area by eliminating the phrase limiting this requirement to the Dallas-      ments.
                                                                                                  Fort Worth area and making a minor wording change to the paragraph.
                                                                                                New requirement in 115.118(a)(7) for O/Os to maintain any record created after      Applies five-year recordkeeping require-
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                                                                                                  January 1, 2017, in the HGB NA area, for five years at a minimum.                   ment to affected sources in the HGB
                                                                                                                                                                                      area.
                                                                                                                                                                                    This is expected to enhance compliance
                                                                                                                                                                                      and enforcement of the rules.
                                                  115.119   Compliance Schedules ...........    Changes to 115.119(a)(1), clarifies existing sources in HGB NA area should          Clarifies applicability and will result in
                                                                                                 comply with control requirements in 115.112(e)(1)–(6), rather than the earlier       increased compliance and reduced
                                                                                                 reference to 115.112(e) in its entirety. The changes to the language distin-         regulatory confusion.
                                                                                                 guish between compliance dates for exiting requirements in the HGB NA area
                                                                                                 under 115.112(e)(1)–(6) and the new requirement for the HGB NA area under
                                                                                                 115.112(e)(7).



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                                                                           Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules                                                        29731

                                                           TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL—Continued
                                                                                               [Subchapter B, Division 1, Storage of Volatile Organic Compounds]

                                                             Section amended                                                   Amendment                                                        Comments

                                                                                             Additional sentence expressly states the requirement to comply with 90% con-        Represents an increased level of VOC
                                                                                               trol efficiency requirement [see 115.112(e)(3)(A)(i)] in the HGB area no longer     control in the HGB area on the date
                                                                                               applies beginning July 20, 2018. Therefore, all control devices in the area         of implementation.
                                                                                               must meet the 95% DRE requirement after that date. Also, some ministerial         Ministerial changes are non-substantive.
                                                                                               changes to conform with current formatting practices for state rules were
                                                                                               made.
                                                                                             Changes to 115.119(a)(2) clarifies existing sources in HGB area should comply       Clarifies applicability and should result
                                                                                               with control requirements in 115.112(e)(1)–(6), rather than the earlier ref-        in increased compliance and reduced
                                                                                               erence to 115.112(e) in its entirety. The changes to the language distinguish       regulatory confusion.
                                                                                               between compliance dates for exiting requirements in the HGB NA area
                                                                                               under 115.112(e)(1)-(6) and the new requirement for the HGB NA area under
                                                                                               115.112(e)(7).
                                                                                             Additional wording expressly states the requirement to comply with 90% DRE          Full compliance represents an in-
                                                                                               [see 115.112(e)(3)(A)(i)] is in effect in the HGB area for an affected source       creased level of VOC control in the
                                                                                               until the source complies with the 95% control efficiency stated in                 HGB NA area and will result in re-
                                                                                               115.112(e)(3)(A)(ii) or July 20, 2018 at the latest.                                duced VOC emissions in the area on
                                                                                                                                                                                   the date of implementation.
                                                                                             New paragraph 115.119(a)(3) is added requiring compliance with new control          Clarifies early compliance is desirable
                                                                                               standards, inspection and record keeping requirements for affected sources in       and establishes a final date to com-
                                                                                               the HGB NA area as soon as practicable, but not later than July 20, 2018.           ply. Expected to simplify compliance
                                                                                                                                                                                   and enforcement.



                                                  IV. Incorporation by Reference                             • Is certified as not having a                        List of Subjects in 40 CFR Part 52
                                                    In this action, the EPA is proposing to               significant economic impact on a                           Environmental protection, Air
                                                  include in a final rule regulatory text                 substantial number of small entities                     pollution control, Incorporation by
                                                  that includes incorporation by                          under the Regulatory Flexibility Act (5                  reference, Nitrogen dioxide, Ozone,
                                                  reference. In accordance with the                       U.S.C. 601 et seq.);                                     Reporting and recordkeeping
                                                  requirements of 1 CFR 51.5, the EPA is                     • Does not contain any unfunded                       requirements, Volatile organic
                                                  proposing to incorporate by reference                   mandate or significantly or uniquely                     compounds.
                                                  revisions to the Texas regulations as                   affect small governments, as described
                                                                                                          in the Unfunded Mandates Reform Act                        Authority: 42 U.S.C. 7401 et seq.
                                                  described in the Proposed Action
                                                  section above. The EPA has made, and                    of 1995 (Pub. L. 104–4);                                   Dated: June 20, 2018.
                                                  will continue to make, these documents                     • Does not have Federalism                            Anne Idsal,
                                                  generally available electronically                      implications as specified in Executive                   Regional Administrator, Region 6.
                                                  through www.regulations.gov and in                      Order 13132 (64 FR 43255, August 10,                     [FR Doc. 2018–13651 Filed 6–25–18; 8:45 am]
                                                  hard copy at the EPA Region 6 office.                   1999);
                                                                                                             • Is not an economically significant                  BILLING CODE 6560–50–P

                                                  V. Statutory and Executive Order                        regulatory action based on health or
                                                  Reviews                                                 safety risks subject to Executive Order                  ENVIRONMENTAL PROTECTION
                                                    Under the CAA, the Administrator is                   13045 (62 FR 19885, April 23, 1997);                     AGENCY
                                                  required to approve a SIP submission                       • Is not a significant regulatory action
                                                  that complies with the provisions of the                subject to Executive Order 13211 (66 FR                  40 CFR Part 300
                                                  Act and applicable Federal regulations.                 28355, May 22, 2001);
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                        • Is not subject to requirements of                   [EPA–HQ–SFUND–2003–0010; FRL–9979–
                                                                                                          section 12(d) of the National                            86—Region 7]
                                                  Thus, in reviewing SIP submissions, the
                                                  EPA’s role is to approve state choices,                 Technology Transfer and Advancement                      National Oil and Hazardous
                                                  provided that they meet the criteria of                 Act of 1995 (15 U.S.C. 272 note) because                 Substances Pollution Contingency
                                                  the CAA. Accordingly, this action                       application of those requirements would                  Plan; National Priorities List: Partial
                                                  merely proposes to approve state law as                 be inconsistent with the CAA; and                        Deletion of the Omaha Lead Superfund
                                                  meeting Federal requirements and does                      • Does not provide EPA with the
                                                                                                                                                                   Site
                                                  not impose additional requirements                      discretionary authority to address, as
                                                  beyond those imposed by state law. For                  appropriate, disproportionate human                      AGENCY:  Environmental Protection
                                                  that reason, this action:                               health or environmental effects, using                   Agency (EPA).
                                                    • Is not a ‘‘significant regulatory                   practicable and legally permissible                      ACTION: Proposed rule; notice of intent.
                                                  action’’ subject to review by the Office                methods, under Executive Order 12898
                                                  of Management and Budget under                          (59 FR 7629, February 16, 1994).                         SUMMARY:   Environmental Protection
                                                  Executive Orders 12866 (58 FR 51735,                       In addition, the SIP is not approved                  Agency (EPA) Region 7 is issuing a
                                                  October 4, 1993) and 13563 (76 FR 3821,                 to apply on any Indian reservation land                  Notice of Intent to Delete 101 residential
                                                  January 21, 2011);                                      or in any other area where EPA or an                     parcels of the Omaha Lead Superfund
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                                                    • Is not an Executive Order 13771 (82                 Indian tribe has demonstrated that a                     site located in Omaha, Nebraska, from
                                                  FR 9339, February 2, 2017) regulatory                   tribe has jurisdiction. In those areas of                the National Priorities List (NPL) and
                                                  action because SIP approvals are                        Indian country, the proposed rule does                   requests public comments on this
                                                  exempted under Executive Order 12866;                   not have tribal implications and will not                proposed action. The NPL, promulgated
                                                    • Does not impose an information                      impose substantial direct costs on tribal                pursuant to section 105 of the
                                                  collection burden under the provisions                  governments or preempt tribal law as                     Comprehensive Environmental
                                                  of the Paperwork Reduction Act (44                      specified by Executive Order 13175 (65                   Response, Compensation, and Liability
                                                  U.S.C. 3501 et seq.);                                   FR 67249, November 9, 2000).                             Act of 1980 (CERCLA), as amended, is


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Document Created: 2018-06-26 00:51:58
Document Modified: 2018-06-26 00:51:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before July 26, 2018.
ContactRobert M. Todd, 214-665-2156, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Todd or Mr. Bill Deese at 214-665- 7253.
FR Citation83 FR 29727 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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