Proposed Rule2023-03128
Air Plan Approval; Texas; Oil and Natural Gas Reasonably Available Control Technology in the Dallas-Fort Worth and Houston-Galveston-Brazoria Ozone Nonattainment Areas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the July 20, 2021 revisions to the Texas State Implementation Plan (SIP) concerning Reasonably Available Control Technology (RACT) requirements covered by the 2016 Oil and Natural Gas Control Techniques Guidelines (CTG or CTGs) for Dallas-Fort Worth (DFW) and the Houston-Galveston- Brazoria (HGB) nonattainment areas (NAAs) for the 2008 8-hour ozone National Air Quality Ambient Air Quality Standards (NAAQS). The DFW area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise Counties. The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. These areas were both classified as Serious nonattainment for the 2008 ozone NAAQS on August 23, 2019. These revisions create new RACT rules for oil and gas production and natural gas processing in the DFW and HGB NAAs and make non-substantive changes to reflect the rule applicability for the types of equipment currently required to comply with existing rule requirements but that would be subject to the new requirements upon the compliance date.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Proposed Rules]
[Pages 10253-10256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03128]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0525; FRL-10583-01-Region 6]
Air Plan Approval; Texas; Oil and Natural Gas Reasonably
Available Control Technology in the Dallas-Fort Worth and Houston-
Galveston-Brazoria Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 to approve the July
20, 2021 revisions to the Texas State Implementation Plan (SIP)
concerning Reasonably Available Control Technology (RACT) requirements
covered by the 2016 Oil and Natural Gas Control Techniques Guidelines
(CTG or CTGs) for Dallas-Fort Worth (DFW) and the Houston-Galveston-
Brazoria (HGB) nonattainment areas (NAAs) for the 2008 8-hour ozone
National Air Quality Ambient Air Quality Standards (NAAQS). The DFW
area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman,
Parker, Rockwall, Tarrant, and Wise Counties. The HGB area consists of
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery,
and Waller Counties. These areas were both classified as Serious
nonattainment for the 2008 ozone NAAQS on August 23, 2019. These
revisions create new RACT rules for oil and gas production and natural
gas processing in the DFW and HGB NAAs and make non-substantive changes
to reflect the rule applicability for the types of equipment currently
required to comply with existing rule requirements but that would be
subject to the new requirements upon the compliance date.
DATES: Written comments must be received on or before March 20, 2023.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2021-0525 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#ecad8499868dc2ad82999c8dac899c8dc28b839a"><span class="__cf_email__" data-cfemail="511039243b307f103f242130113421307f363e27">[email protected]</span></a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Anupa Ahuja,
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5938312c33387738372c2938193c2938773e362f">[email protected]</a>. For the full EPA public comment policy,
information about CBI, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Anupa Ahuja, EPA Region 6 Office,
Infrastructure & Ozone Section, 214-665-2701, <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="93f2fbe6f9f2bdf2fde6e3f2d3f6e3f2bdf4fce5">[email protected]</a>. Out
of an abundance of caution for members of the public and our staff, the
EPA Region 6 office may be closed to the public to reduce the risk of
transmitting COVID-19. We encourage the public to submit comments via
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please call or email the contact listed
above if you need alternative access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
Ground-level ozone, or smog, which harms human health and the
environment, is formed when volatile organic compounds (VOCs) and
nitrogen oxides (NO<INF>X</INF>) interact in the presence of sunlight.
Sections 182(b)(2) and (f) of the CAA 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 issued by the EPA, and for any major source
of VOC or NO<INF>X</INF> located in the nonattainment area. It is worth
noting that for some CTG categories, RACT is applicable to minor or
area sources. 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
[[Page 10254]]
technological and economic feasibility.\1\ For a Moderate, Serious, or
Severe ozone nonattainment 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 NO<INF>X</INF>, 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 <a href="https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques">https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques</a> (URL dated 8/31/2022) for a listing of EPA-issued CTGs and
ACTs.
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\1\ 44 FR 53761 (September 17, 1979).
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On March 27, 2008, the EPA revised the primary and secondary
ozone.\2\ On October 26, 2015, (80 FR 65292) EPA adopted another
revision to the ozone standard, but the 2008 standard remains in place.
This document concerns the VOC RACT requirements under the 2008 ozone
standard.
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\2\ 73 FR 16436 (March 27, 2008).
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Promulgation of a revised 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 8-hour ozone NAAQS.\3\
The EPA published two rules addressing final implementation and air
quality designations.\4\ The implementation rule established
classifications and associated attainment deadlines, among other
things. The designation rule finalized the NAA boundaries for areas
that did not meet the standard. Furthermore, the finalized
nonattainment areas were classified according to the severity of their
ozone air quality problems as determined by each area's design
value.\5\ The ozone classification categories were defined as Marginal,
Moderate, Serious, Severe, or Extreme.
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\3\ 77 FR 30160 (May 21, 2012).
\4\ 77 FR 30088 (May 21, 2012).
\5\ 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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Effective July 20, 2012, the EPA designated as nonattainment, any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data. With that
rulemaking, the DFW area was classified as Moderate nonattainment and
HGB area was classified as Marginal nonattainment.\6\
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\6\ 77 FR 30088 (May 21, 2012).
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The HGB area was subsequently reclassified as Moderate in 2016 \7\
when the area failed to meet its attainment deadline. The DFW area
failed to attain by its applicable attainment date, and the HGB area
failed to meet the attainment deadline under the Moderate
classification. Both NAAs were reclassified as Serious nonattainment
for the 2008 8-hour ozone NAAQS, effective September 23, 2019,\8\ with
an attainment date of July 20, 2021.
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\7\ 81 FR 90207 (December 14, 2016).
\8\ 84 FR 44238 (August 23, 2019).
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Both the HGB and the DFW areas failed to attain the 2008 ozone
NAAQS by their July 20, 2021 attainment date. As a result, both areas
have been reclassified as Severe nonattainment for the 2008 8-hour
ozone NAAQS.\9\ The Severe area attainment deadline for both areas is
July 20, 2027.
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\9\ 87 FR 60926 (October 7, 2022).
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On October 27, 2016, the EPA announced a final CTG document for
reducing VOC emissions from existing oil and natural gas industry
equipment and processes.\10\ As stated in that announcement,
``[s]ection 182(b)(2)(A) of the CAA requires that for areas designated
nonattainment for an ozone [NAAQS] . . . and classified as Moderate [or
above], states must revise their SIP to include provisions to implement
RACT for each category of VOC sources covered by a CTG document.'' Id.
The EPA provided a two-year period starting from October 27, 2016, for
states to submit SIP revisions addressing RACT for VOC sources covered
by the CTG (i.e., SIP submissions were due from affected states to the
EPA by October 27, 2018). On March 9, 2018, for reasons explained in
the Federal Register (83 FR 10478), the EPA proposed to withdraw the
CTG. However, the EPA did not finalize the proposal to withdraw the
CTG. The EPA announced in the U.S. Office of Management and Budget's
Spring 2020 Unified Agenda and Regulatory Plan that ``the CTG will
remain in place as published on October 27, 2016.'' \11\ Therefore, in
response to the 2016 Control Techniques Guidelines for the Oil and
Natural Gas Industry (2016 Oil and Gas CTG), RACT SIP revisions were
due for EPA review and approval from states with nonattainment areas
classified as Moderate or higher for the 2008 ozone NAAQS.
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\10\ 81 FR 74798 (October 27, 2016).
\11\ See <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=2060-AT76">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=2060-AT76</a> (last accessed October
13, 2022).
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On January 22, 2020, the Center for Biological Diversity and the
Center for Environmental Health filed a lawsuit alleging, among other
claims, that EPA failed to take action concerning certain nonattainment
areas (including the DFW and HGB NAAs in Texas) that did not submit
RACT SIP revisions in response to the 2016 Oil and Gas CTG in a timely
manner.\12\ On November 16, 2020, the EPA issued a finding of failure
to submit for nine NAAs including DFW and HGB.\13\
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\12\ Center for Biological Diversity, et al., v. Wheeler, No.
3:20-cv-00448 (N.D. Cal.).
\13\ 85 FR 72963 (November 16, 2020).
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On June 20, 2021, Texas adopted revisions to 30 TAC Chapter 115
Subchapter B, Division 7 Rules to address EPA's 2016 Oil and Gas CTG
for the DFW and HGB NAA. These revisions were submitted to the EPA on
July 20, 2021. EPA determined on December 3, 2021, that Texas's
submittal met the SIP completeness criteria in 40 CFR 51, Appendix V.
II. Evaluation
A. Comparison of CTG Requirements and Control Measures in the DFW and
HGB Areas
The 2016 Oil and Gas CTG recommends available control approaches
for addressing VOC emissions from certain sources within the oil and
natural gas industry. Sources of VOC emissions addressed in the CTG
include storage vessels, compressors, pneumatic controllers, pneumatic
pumps, equipment leaks at natural gas processing plants, and fugitive
emissions.
We have reviewed Texas's new and revised 30 TAC Chapter 115 rules
for the sources covered by the 2016 Oil and Gas CTG in the DFW and HGB
NAAs and the demonstration submitted by Texas. Based on this review, we
propose to find that these rules are consistent with the CAA. Moreover,
the TCEQ rules are consistent with the control measures, definitions,
recordkeeping, and test methods in the CTG for the sources in question.
A detailed analysis is provided in the Technical Support Document (TSD)
for this action and other supporting documents are available in the
docket.
B. Additional 30 TAC Chapter 115 Rule Changes
Changes to existing Chapter 115 rules for existing sources covered
by the 2016 Oil and Gas CTG in the DFW and HGB NAAs were made to
consolidate rule requirements into a new section. Based
[[Page 10255]]
on our review, these changes are non-substantive and do not alter any
existing rule requirement and we are proposing to approve the new
codification of these requirements.
C. CAA Section 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.
As part of its submittal the TCEQ provided copies of the Public
Notice published in the Texas Register and local newspapers. The TCEQ
also held a public hearing virtually on the revisions to the SIP on
February 23, 2021. A copy of the Public Notice and the submitted
revisions are posted in the docket for this action.
The revisions in 30 TAC Chapter 115 include inspection, testing,
and control efficiency requirements for those sources and equipment
types in the DFW and HGB NAAs that are covered by the 2016 Oil and Gas
CTG. The new requirements include new or revised inspection, testing,
and control efficiency requirements for some equipment types already
covered by existing 30 TAC Chapter 115 rules and also cover additional
types of equipment that are not currently regulated under existing
rules. As a result of implementing new requirements that will reduce
emissions, these revisions to 30 TAC Chapter 115 rules, would not
interfere with the attainment and reasonable further progress of ozone
pollution control requirements, or any other applicable requirement of
the Act.
EPA also evaluated additional changes to certain existing 30 TAC
Chapter 115 rules to consolidate existing rule requirements into a new
section covering DFW and HGB NAA, for consistency. These rule changes
are non-substantive and did not affect any inspection, monitoring, or
control requirements. We do not expect these changes to interfere with
attainment and reasonable further progress of ozone pollution control
requirements, or any other applicable requirement of the Act.
The SIP submittal from Texas included records demonstrating that
Texas adopted the new RACT rules after reasonable notice, a public
hearing, and public comment. Thus, the CAA Section 110(l) requirements
are met. Further, as shown in the TSD for this proposed action, our
evaluation has determined the new rules in 30 TAC Chapter 115 to be
consistent with RACT for purposes of satisfying the requirement
triggered by the 2016 Oil and Gas CTG for those sources in the DFW and
HGB NAA.
III. Proposed Action
We are proposing to approve the July 20, 2021 revisions to the
Texas SIP concerning the DFW and HGB 2008 8-hour ozone NAAQS
nonattainment areas as meeting the RACT requirements for an area
designated as Serious for sources covered by the Oil and Gas CTG. The
proposed approval is based on our review of 30 TAC Chapter 115 rules
and revisions for consistency with Oil and Gas CTG.
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 Texas's regulations as described
in the Proposed Action section above. The EPA has made, and will
continue to make, these documents generally available electronically
through <a href="http://www.regulations.gov">www.regulations.gov</a> and in hard copy at the EPA Region 6
office.
V. Environmental Justice Considerations
For informational purposes only, EPA is providing additional
information regarding this proposed action and potentially impacted
populations in the TSD. This proposed action is intended to ensure that
all communities and populations in the DFW and HGB NAAs, including
overburdened communities, receive the full human health and
environmental protection provided by the CAA. By reducing VOC emissions
from the oil and natural gas industry, we believe that this proposed
action is anticipated to have a neutral to positive impact on air
quality and is not anticipated to worsen air quality. Nothing in the
record indicates that this action, if finalized, will have a
disproportionately high or adverse human health or environmental
effects on communities with environmental justice concerns.
VI. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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.
[[Page 10256]]
Authority: 42 U.S.C. 7401 et seq.
Dated: February 8, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-03128 Filed 2-16-23; 8:45 am]
BILLING CODE 6560-50-P
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