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Home , February 13

3708 Federal Register / Vol. 84, No. 30 / Wednesday, 13, 2019 / Rules and Regulations

ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Ms. problem in Houston and not including AGENCY Wendy Jacques, 214–665–7395, these episodic emissions in the RFP is [email protected]. erroneous. The commenter states that 40 CFR Part 52 SUPPLEMENTARY INFORMATION: the RFP SIP must include a ‘‘comprehensive, accurate, current [EPA–R06–OAR–2017–0056; FRL–9988–61– Throughout this document ‘‘we,’’ ‘‘us,’’ Region 6] and ‘‘our’’ means the EPA. inventory of actual emissions from all sources.’’ Approval and Promulgation of I. Background Response: CAA section 182(a)(1) Implementation Plans; ; The background for this action is requires states with ozone Reasonable Further Progress Plan for discussed in detail in our 25, 2018 nonattainment areas to submit a SIP the Houston-Galveston-Brazoria Ozone proposal (83 FR 17964). In that revision with a comprehensive, Nonattainment Area document we proposed to approve the accurate, current inventory of actual RFP demonstration, contingency emissions from all sources in an ozone AGENCY: Environmental Protection measures, MVEBs and an updated 2011 nonattainment area in accordance with Agency (EPA). base year emissions inventory for the guidance provided by the ACTION: Final rule. HGB area. Administrator. CAA section 182(b)(1) We received comments of support on requires ozone nonattainment areas SUMMARY: Pursuant to the Federal Clean the proposal from the Texas classified as Moderate and above to Air Act (CAA or the Act), the Commission on Environmental Quality submit a RFP SIP revision. To Environmental Protection Agency (EPA) and two relevant adverse comments implement CAA emissions inventory is approving a revision to the Texas from Environmental Integrity Project. requirements for the 2008 ozone State Implementation Plan (SIP) to meet Our response to the adverse comments NAAQS we promulgated ‘‘Emissions the Reasonable Further Progress (RFP) are below. inventory requirements’’ at 40 CFR requirements for the Houston- 51.1115. The emissions values are Galveston-Brazoria (HGB) moderate II. Response to Comments required to be an average day’s 2008 8-hour ozone nonattainment area Comment: Environmental Integrity emissions for a typical ozone season (HGB area). EPA is approving the RFP Project commented that (1) it is unclear work weekday (40 CFR 51.1115(c) and demonstration, contingency measures, whether episodic emissions of ozone 40 CFR 51.1100(cc)). motor vehicle emissions budgets forming pollutants resulting from To implement the RFP requirements (MVEBs) and an updated 2011 base year unplanned startups, shutdowns, for the 2008 ozone NAAQS we emissions inventory. maintenance, upsets and other promulgated ‘‘Requirements for DATES: This rule is effective on unauthorized emissions are included in reasonable further progress’’ at 40 CFR 15, 2019. the Emissions Inventory ozone season 51.1110. The values of the base year ADDRESSES: The EPA has established a daily nitrogen oxide (NOX) and volatile emissions inventory for RFP plans are to docket for this action under Docket ID organic compound (VOC) values upon be an average day’s emissions for a No. EPA–R06–OAR–2017–0056. All which the RFP plan is based and (2) to typical ozone season work weekday (40 documents in the docket are listed on the extent that these values used to CFR 51.1110(b) and 40 CFR the http://www.regulations.gov website. develop the baseline and future year 51.1100(cc)). Although listed in the index, some emissions inventories do not include Texas submitted a 2011 base year information is not publicly available, episodic emissions the RFP plan fails as emissions inventory SIP revision for the e.g., Confidential Business Information a matter of law because the emissions HGB area on 16, 2014 and we or other information whose disclosure is inventories fail to include all actual approved it as meeting the emissions restricted by statute. Certain other emissions. The commenter notes that inventory requirements for the 2008 material, such as copyrighted material, these emissions are quantifiable since ozone standard on , 2015 is not placed on the internet and will be companies report these episodic (80 FR 9204). The RFP demonstration publicly available only in hard copy emissions to be included in TCEQ’s updated the previously approved form. Publicly available docket emission inventory. The commenter emissions inventory with better materials are available either also noted that researchers in the past estimates of an average day’s emissions electronically through http:// have confirmed that these episodic for a typical ozone season work www.regulations.gov or in hard copy at emissions are important as they can weekday. A summary of the update to the EPA Region 6, 1445 Ross Avenue, sometimes result in large increases of the 2011 base year emissions inventory Suite 700, Dallas, Texas 75202–2733. ozone and are significant to the ozone is found in table 1.

TABLE 1—UPDATE TO THE 2011 BASE YEAR EMISSIONS INVENTORY FOR THE HGB AREA [Tons per day]

Source Previous Updated Previous Updated category NOX NOX VOC VOC

Point ...... 108.44 108.33 94.83 95.99 Area ...... 21.14 21.15 308.73 304.90 On-road ...... Mobile ...... 196.21 188.02 82.62 80.73 Non-road ...... Mobile ...... 121.11 142.44 49.93 49.78

Total ...... 446.90 459.94 536.12 531.40

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EPA’s rules and guidance call for an by nature, unpredictable and given the have included best management estimate of typical ozone season day myriad different types of malfunctions practice improvements for flaring, (summer weekday) emissions to set the that can occur, malfunction emissions which is one of the sources related with RFP baseline. EPA’s emission inventory would be difficult to estimate and malfunctions and that have the guidance recommends including future-year malfunction events cannot potential to impact ozone levels. These Startup, Shutdown, and Maintenance be readily predicted. Thus, states are not best management practice emissions in the RFP baseline and obligated to include malfunction improvements are expected to result in future year weekday ozone season day emissions in the base inventory for the emission reductions, but EPA emission inventory values if the NAA, ROP/RFP plans, or attainment acknowledges that quantification of emissions can be reasonably and projected inventory for the NAA. baseline and future year emission events sufficiently quantified with regular and However, to the extent that and non-authorized/unplanned start-up, predictable emissions.1 Similarly, Texas malfunctions become a regular and shutdown, and maintenance emissions emission inventory guidance is to predictable event, then such emissions (future year would be expected to be include all authorized/planned 2 Start- should be quantified with regular and different than baseline) with the up, Shutdown and Maintenance predictable emissions and included in certainty required for a RFP SIP is not emissions in the ozone season day emission inventories for planning reasonably possible. emissions reported in annual emission purposes. The elimination of high In sum, Texas’s approach is consistent inventories submitted by sources that emissions during routinely reoccurring with our emissions inventory guidance are used by TCEQ for the RFP baseline malfunctions could potentially help regarding non-authorized/unplanned and future year RFP inventories.3 In achieve significant emissions reductions episodic/malfunction emissions. EPA their RFP SIP, TCEQ included needed by a state in attaining the believes these emissions can vary authorized/planned Start-up, relevant NAAQS.’’ Malfunctions in significantly and unpredictably from Shutdown, and Maintenance (SSM) EPA’s terminology are very similar to day to day and therefore it is acceptable emissions from 2011 in their 2011 unplanned events in TCEQ’s regulatory these emissions not be included in the baseline inventory and also included structure. Because of the periodic emissions inventory required authorized/planned emissions that unpredictability and variability of under 40 CFR 51.1115(b) or the occurred in 2014 in the 2014 inventory unplanned and/or unauthorized emissions inventory for RFP purposes. that they used to project the 2017 future emissions due to malfunctions, as We note Texas recognizes the RFP inventory. Since the amount and explained in the EPA guidance it is importance of these emissions and has magnitude of authorized/planned events reasonable that Texas did not include undertaken efforts to reduce episodic varies from day to day, Texas includes these emissions in its estimate of emissions. In conclusion, TCEQ has met the average value of these emissions in average ozone season weekday the requirements of 40 CFR 51.1110, 40 the RFP average weekday inventory.4 emissions. CFR 51.1115 and sections 182(a)(1) and So, Texas does include an estimate of Although these unauthorized 182(b)(1) of the CAA. authorized/planned Start-up, emissions are not appropriate to be Comment: Environmental Integrity Shutdown, and Maintenance emissions. included in the RFP plan, TCEQ Project also stated that we may not rely Texas does not include unplanned recognizes the importance of emissions on motor vehicle emissions reductions startups, shutdowns, maintenance, from startups, shutdowns, maintenance, that we intend to discontinue. The upsets and other unauthorized and upsets/malfunctions. These comment stated that the single largest emissions in their RFP inventories. This episodic emissions (planned and anticipated vehicle emissions reduction is consistent with EPA’s guidance unplanned) are quantified and included is from the Federal Motor Vehicle which states;5 ‘‘Since malfunctions are, in the attainment demonstration Control Program (FMVCP) and referred modeling which better lends itself for to an April announcement that we 1 ‘‘Emissions Inventory Guidance for utilization of day to day variation of would work with the National Highway Implementation of Ozone and Particulate Matter emissions because daily emissions from Traffic Safety Administration to revise National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations’’; EPA–454/B–17– specific historic episodes are modeled the greenhouse gas (GHG) emissions 003, July 2017; pages 79–80. And ‘‘Emissions versus typical ozone season day standards and Corporate Average Fuel Inventory Guidance for Implementation of Ozone weekday emissions used in the RFP Economy (CAFE) standards for model and Particulate Matter National Ambient Air 6 year 2022 and 2025 light-duty vehicles. Quality Standards (NAAQS) and Regional Haze inventories. Furthermore, based on the Regulations’’, EPA–454/B–17–003; July 2017, page evolving knowledge about unplanned Response: EPA agrees that SIPs can 19, Section 2.5.2. episodic emissions and the potential only rely upon reductions that are 2 The commenter discussed unplanned and impacts on ozone levels, TCEQ has enforceable for the purpose and years unauthorized emissions and TCEQ guidance centers conducted a number of studies that have addressed by the SIP. However, it is around authorized and non-authorized and does not incorrect that the RFP SIP relies on use the unplanned/planned language. For this resulted in best management practice Response to Comment we are interpreting that the improvements for some point source motor vehicle emissions reductions that commenter was equating planned with authorized categories to reduce episodic emission we intend to discontinue. The RFP SIP and unplanned with non-authorized. events.7 For example, TCEQ’s studies addresses NOx and VOC emission levels 3 TCEQ RG–360A/11 ‘‘2011 Emission Inventory for the year 2011 to 2018, and during Guidelines’’ pages 65–70 and TCEQ RG–360A/14, ‘‘2014 Emission Inventory Guidelines’’ pages 70–72. 6 EPA–R06–OAR–2017–0053–0004; ‘‘Appendix B: that time period the SIP relies on NOx 4 Texas receives data on the hours that the Emissions Modeling for the HGB Attainment and VOC emission reductions that have emissions occurred for each occurrence and then Demonstration sip Revision for the 2008 Eight-Hour already occurred. In the case of the totals the emissions during ozone season and Ozone Standard’’ contingency measure reductions, these divides by the total number of hours that these 7 For a discussion of the studies please see pages types of emissions occurred to yield an average 248–251 of the Technical Support Document for the are expected to occur in 2018 due to emission rate (lb/hr that is translated to OSD) that Houston Galveston Brazoria Modeling and Other regulations that have been is included in the RFP inventories. Analyses Attainment Demonstration (HGB– implemented. In addition, it is 5 ‘‘Emissions Inventory Guidance for MOAAD) at https://www.regulations.gov/ important to note that the SIP relies Implementation of Ozone and Particulate Matter document?D=EPA-R06-OAR-2013-0387-0002. Also upon EPA’s emissions standard National Ambient Air Quality Standards (NAAQS) see documents available at https:// and Regional Haze Regulations’’; EPA–454/B–17– www.tceq.texas.gov/airquality/stationary-rules/ regulations which reduce criteria 003, July 2017; page 80. stakeholder/flare_stakeholder.html. pollutant emissions. The GHG

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regulations cited by the commenter do • Does not have Federalism Under section 307(b)(1) of the Clean not affect criteria pollutant emissions implications as specified in Executive Air Act, petitions for judicial review of standards and are also not related to the Order 13132 (64 FR 43255, 10, this action must be filed in the United years addressed by the SIP. 1999); States Court of Appeals for the • Is not an economically significant appropriate circuit by , 2019. III. Final Action regulatory action based on health or Filing a petition for reconsideration by We are approving the HGB RFP SIP safety risks subject to Executive Order the Administrator of this final rule does revision submitted on 29, 13045 (62 FR 19885, , 1997); not affect the finality of this action for 2016, to meet the RFP requirements for • Is not a significant regulatory action the purposes of judicial review nor does the HGB moderate 2008 8-hour ozone subject to Executive Order 13211 (66 FR it extend the time within which a nonattainment area as well as an 28355, , 2001); petition for judicial review may be filed, updated 2011 base year emissions • Is not subject to requirements of and shall not postpone the effectiveness inventory for the 2008 Ozone NAAQS. section 12(d) of the National of such rule or action. This action may This action is being taken under section Technology Transfer and Advancement not be challenged later in proceedings to 110 of the Act. Act of 1995 (15 U.S.C. 272 note) because enforce its requirements. (See section IV. Statutory and Executive Order application of those requirements would 307(b)(2).) Reviews be inconsistent with the CAA; and • Does not provide EPA with the List of Subjects in 40 CFR Part 52 Under the CAA, the Administrator is discretionary authority to address, as required to approve a SIP submission Environmental protection, Air appropriate, disproportionate human pollution control, Incorporation by that complies with the provisions of the health or environmental effects, using Act and applicable Federal regulations. reference, Nitrogen dioxide, Ozone, practicable and legally permissible Reporting and recordkeeping 42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898 Thus, in reviewing SIP submissions, the requirements, Volatile organic (59 FR 7629, , 1994). compounds. EPA’s role is to approve state choices, In addition, the SIP is not approved Dated: , 2019. provided that they meet the criteria of to apply on any Indian reservation land the CAA. Accordingly, this action or in any other area where EPA or an Anne Idsal, merely approves state law as meeting Indian tribe has demonstrated that a Regional Administrator, Region 6. Federal requirements and does not tribe has jurisdiction. In those areas of impose additional requirements beyond 40 CFR part 52 is amended as follows: Indian country, the rule does not have those imposed by state law. For that tribal implications and will not impose PART 52—APPROVAL AND reason, this action: • Is not a ‘‘significant regulatory substantial direct costs on tribal PROMULGATION OF action’’ subject to review by the Office governments or preempt tribal law as IMPLEMENTATION PLANS of Management and Budget under specified by Executive Order 13175 (65 ■ Executive Orders 12866 (58 FR 51735, FR 67249, 9, 2000). 1. The authority citation for part 52 4, 1993) and 13563 (76 FR 3821, The Congressional Review Act, 5 continues to read as follows: 21, 2011); U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq. • Is not an Executive Order 13771 (82 Business Regulatory Enforcement FR 9339, , 2017) regulatory Fairness Act of 1996, generally provides Subpart SS—Texas action because SIP approvals are that before a rule may take effect, the exempted under Executive Order 12866; agency promulgating the rule must ■ 2. In § 52.2270(e), the second table • Does not impose an information submit a rule report, which includes a titled ‘‘EPA Approved Nonregulatory collection burden under the provisions copy of the rule, to each House of the Provisions and Quasi-Regulatory of the Paperwork Reduction Act (44 Congress and to the Comptroller General Measures in the Texas SIP’’ is amended U.S.C. 3501 et seq.); of the United States. EPA will submit a by adding an entry at the end for ‘‘HGB • Is certified as not having a report containing this action and other Area Reasonable Further Progress (RFP) significant economic impact on a required information to the U.S. Senate, Plan, RFP Contingency Measures, RFP substantial number of small entities the U.S. House of Representatives, and Motor Vehicle Emission Budgets for under the Regulatory Flexibility Act (5 the Comptroller General of the United 2017, and Revised 2011 Base Year U.S.C. 601 et seq.); States prior to publication of the rule in Emissions Inventory for the 2008 Ozone • Does not contain any unfunded the Federal Register. A major rule NAAQS’’ to read as follows: mandate or significantly or uniquely cannot take effect until 60 days after it affect small governments, as described is published in the Federal Register. § 52.2270 Identification of plan. in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as * * * * * of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). (e) * * *

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP

State Name of SIP provision Applicable geographic submittal/ EPA approval date Comments or nonattainment area effective date

******* HGB Area Reasonable Further Progress (RFP) Brazoria, Chambers, 12/29/2016 2/13/2019, [Insert Fed- Plan, RFP Contingency Measures, RFP Motor Fort Bend, Galveston, eral Register citation]. Vehicle Emission Budgets for 2017, and Re- Harris, Liberty, Mont- vised 2011 Base Year Emissions Inventory for gomery and Waller the 2008 Ozone NAAQS. Counties, TX.

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* * * * * information is not publicly available, mention of the substantive aspects of [FR Doc. 2019–02021 Filed 2–12–19; 8:45 am] e.g., Confidential Business Information the proposed action. Consequently, BILLING CODE 6560–50–P or other information whose disclosure is these comments are not germane to this restricted by statute. Certain other rulemaking and require no further material, such as copyrighted material, response. In addition, one commenter ENVIRONMENTAL PROTECTION is not placed on the internet and will be submitted several comments that do not AGENCY publicly available only in hard copy suggest a change in or specific problems form. Publicly available docket with our proposed action. Therefore, 40 CFR Part 52 materials are available either through these comments also require no further [EPA–R05–OAR–2017–0147; FRL–9989–33– http://www.regulations.gov, or please response. Region 5] contact the person identified in the FOR III. What action is EPA taking? FURTHER INFORMATION CONTACT section Air Plan Approval; Indiana; for additional availability information. Based on the above and the Reasonable Further Progress Plan and information contained in EPA’s FOR FURTHER INFORMATION CONTACT: Other Plan Elements for the Chicago proposed rule, EPA is approving Kathleen D’Agostino, Environmental Nonattainment Area for the 2008 revisions to Indiana’s SIP pursuant to Scientist, Attainment Planning and Ozone Standard section 110 and part D of the CAA and Maintenance Section, Air Programs EPA’s regulations because Indiana’s AGENCY: Environmental Protection Branch (AR–18J), Environmental , 2017 nonattainment plan Agency (EPA). Protection Agency, Region 5, 77 West submission and , 2018, Jackson Boulevard, Chicago, Illinois ACTION: Final rule. supplement satisfy the emissions 60604, (312) 886–1767, inventory, RFP, RFP contingency SUMMARY: The Environmental Protection [email protected]. Agency (EPA) is approving a revision to measures, transportation conformity, SUPPLEMENTARY INFORMATION: VOC RACT, I/M, and nonattainment the Indiana State Implementation Plan Throughout this document whenever (SIP) to meet the base year emissions moderate area NSR requirements of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean CAA for the Indiana portion of the inventory, reasonable further progress EPA. (RFP), RFP contingency measure, Chicago area for the 2008 ozone nonattainment new source review I. What is being addressed in this NAAQS. Final approval of Indiana’s SIP (nonattainment NSR), volatile organic document? as meeting these nonattainment NSR compound (VOC) reasonably available requirements of the CAA for the 2008 This rule addresses revisions to the ozone NAAQS permanently stops the control technology (RACT), and motor Indiana SIP submitted by the Indiana vehicle inspection and maintenance (I/ and FIP clock triggered by EPA’s Department of Environmental , 2017 finding that Indiana M) requirements of the Clean Air Act Management (IDEM) on February 28, (CAA) for the Indiana portion of the failed to submit a marginal ozone 2017 and supplemented on , nonattainment NSR plan. Chicago-Naperville, Illinois-Indiana- 2018. EPA is approving a number of Wisconsin area (Chicago area) for the nonattainment plan elements included IV. Statutory and Executive Order 2008 ozone national ambient air quality in that submission, specifically a Reviews standard (NAAQS or standard). EPA is revised 2011 base year emissions Under the CAA the Administrator is also approving the 2017 transportation inventory for VOC and oxides of conformity motor vehicle emissions required to approve a SIP submission nitrogen (NOX), a 15% RFP plan, a 3% that complies with the provisions of the budgets (MVEBs) for the Indiana portion RFP contingency measure plan, 2017 of the Chicago area for the 2008 ozone CAA and applicable Federal regulations. VOC and NOX motor vehicle emissions 42 U.S.C. 7410(k); 40 CFR 52.02(a). NAAQS. EPA is approving the state’s budgets, a nonattainment NSR submission as a SIP revision pursuant to Thus, in reviewing SIP submissions, certification, a VOC RACT certification, EPA’s role is to approve state choices, section 110 and part D of the CAA and and an enhanced I/M certification. The EPA’s regulations because it satisfies the provided that they meet the criteria of background for this action is discussed the CAA. Accordingly, this action emission inventory, RFP, RFP in detail in EPA’s proposal, dated contingency measure, nonattainment merely approves state law as meeting , 2018 (83 FR 43825). As Federal requirements and does not NSR, VOC RACT, I/M, and discussed in the proposal, final transportation conformity requirements impose additional requirements beyond approval of Indiana’s nonattainment those imposed by state law. For that for areas classified as moderate NSR certification permanently stops the nonattainment for the 2008 ozone reason, this action: FIP clock triggered by EPA’s February 3, • Is not a significant regulatory action NAAQS. This final action permanently 2017 finding that Indiana failed to subject to review by the Office of stops the Federal Implementation Plan submit a marginal ozone nonattainment Management and Budget under (FIP) clock triggered by EPA’s February NSR plan. Executive Orders 12866 (58 FR 51735, 3, 2017 finding that Indiana failed to , 1993) and 13563 (76 FR 3821, submit a marginal ozone nonattainment II. What comments did we receive on the proposed rule? , 2011); NSR plan. EPA proposed to approve • Is not an Executive Order 13771 (82 these provisions on August 28, 2018 and EPA provided a 30-day review and FR 9339, February 2, 2017) regulatory received public comments. comment period for the August 28, action because SIP approvals are DATES: This final rule is effective March 2018, proposed rule. The comment exempted under Executive Order 12866; 15, 2019. period ended on 27, 2018. • Does not impose an information ADDRESSES: EPA has established a We received a number of anonymous collection burden under the provisions docket for this action under Docket ID comments that address subjects outside of the Paperwork Reduction Act (44 No. EPA–R05–OAR–2017–0147. All the scope of our proposed action, do not U.S.C. 3501 et seq.); documents in the docket are listed in explain (or provide a legal basis for) • Is certified as not having a the http://www.regulations.gov website. how the proposed action should differ significant economic impact on a Although listed in the index, some in any way, and make no specific substantial number of small entities

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