Federal Register/Vol. 84, No. 30/Wednesday
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3708 Federal Register / Vol. 84, No. 30 / Wednesday, February 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; Texas; The background for this action is requires states with ozone Reasonable Further Progress Plan for discussed in detail in our April 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 March 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 July 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 February 20, 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 VerDate Sep<11>2014 16:46 Feb 12, 2019 Jkt 247001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations 3709 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 may 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