Rule2023-16640
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
August 15, 2023
Effective
September 14, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the July 20, 2021, revisions to the Texas State Implementation Plan (SIP) concerning Reasonably Available Control Technology (RACT) requirements for sources covered by the 2016 Oil and Natural Gas Control Techniques Guidelines (CTG or CTGs) for the 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).
Full Text
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<title>Federal Register, Volume 88 Issue 156 (Tuesday, August 15, 2023)</title>
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55379-55383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16640]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2021-0525; FRL-10583-02-R6]
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: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the July 20, 2021,
revisions to the Texas State Implementation Plan (SIP) concerning
Reasonably Available Control Technology (RACT) requirements for sources
covered by the 2016 Oil and Natural Gas Control Techniques Guidelines
(CTG or CTGs) for the 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).
DATES: This rule is effective on September 14, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R06-OAR-2021-0525. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet. Publicly available docket materials are
available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Anupa Ahuja, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-2701, <a href="/cdn-cgi/l/email-protection#f3929b869992dd929d868392b3968392dd949c85"><span class="__cf_email__" data-cfemail="05646d706f642b646b707564456075642b626a73">[email protected]</span></a>.
Please 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
The background for this action is discussed in detail in our
February 17, 2023 proposal (88 FR 10253). In that document, we proposed
to approve Texas' July 20, 2021 SIP submittal, which includes revisions
to the Texas SIP concerning the DFW and HGB 2008 8-hour ozone NAAQS
NAAs, as meeting the RACT requirements for sources covered by the Oil
and Gas CTG.\1\ 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
reclassified as Serious nonattainment for the 2008 ozone NAAQS on
August 23, 2019. The revisions are to Title 30 of the Texas
Administrative Code (TAC) Chapter 115. The revisions create new RACT
rules for oil and gas production and
[[Page 55380]]
natural gas processing in the DFW and HGB NAAs in Subchapter B in a new
Division 7. EPA is also approving additional revisions to 30 TAC
Chapter 115 which are non-substantive changes to Subchapters B,
Divisions 1 and 2 and Subchapter D, Division 3 to reflect the change in
the Chapter 115 rule applicability for the types of equipment currently
required to comply with existing rule requirements but that would be
subject to the Subchapter B, new Division 7 rule requirements upon the
compliance date. The proposed approval was based on our review of 30
TAC Chapter 115 Subchapter B, Divison 7 rules for consistency with
EPA's definition of RACT. The details of EPA's review can be found in
the technical support document (TSD) associated with the proposal.\2\
We also proposed approving the new codification of changes to
consolidate the rule requirements into a new section based on our
determination that these changes were non-substantive and do not alter
any existing rule requirement.
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\1\ <a href="https://www3.epa.gov/airquality/ctg_act/2016-ctg-oil-and-gas.pdf">https://www3.epa.gov/airquality/ctg_act/2016-ctg-oil-and-gas.pdf</a>.
\2\ <a href="https://www.regulations.gov/document/EPA-R06-OAR-2021-0525-0002">https://www.regulations.gov/document/EPA-R06-OAR-2021-0525-0002</a>.
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We received comments on our proposal from several commenters. Our
response to comments follows.
II. Response to Comments
Comment: One commenter stated that the oil and natural gas
industries should be made to drastically reduce volatile organic
compound (VOC) emissions for the safety of human health and the
environment, especially in nonattainment areas. They encouraged the EPA
to continue to push for the elimination of VOCs and suggested the
implementation of taxes or penalties, and replacing natural gas and oil
with eco-friendly technologies.
Response: We generally agree that the effects of excessive VOC
emissions on human health and the environment are negative. The EPA
uses both ``traditional'' regulatory approaches and economic incentive
approaches in implementing its mandates under the CAA. The 2016 oil and
natural gas CTG at issue in this action is one of the tools under the
CAA to reduce VOC emissions from certain sources. The approval of the
revisions to 30 Texas Administrative Code (TAC) Chapter 115 in this
action will reduce VOC emissions from oil and gas sources in the DFW
and the HGB 2008 ozone nonattainment areas. This will in turn help to
reduce the adverse impacts of these pollutants on public health and
welfare. With respect to implementing penalty fees, the state of Texas
and EPA both have the authority to bring enforcement actions against
sources for violations of federally approved SIPs, including 30 TAC
Chapter 115 rules. However, the other issues raised by the commenter
(elimination of VOCs, taxing, and eco-friendly technologies to replace
natural gas and oil) are outside the scope of this action. This action
is limited to the approval of the revisions to the 30 TAC Chapter 115,
Subchapter B, Divisions 1, 2, 3, and 7 to address a VOC RACT
requirement related to emissions from oil and gas sources in the DFW
and HGB nonattainment areas.
Comment: Two commenters stated that further regulatory standards
should be implemented to control sources of VOCs and nitrogen oxides
(NO<INF>X</INF>), precursors of ground level ozone. They further stated
that revised and updated SIPs should be approved to reduce emissions
and to further the ability to enforce compliance with emissions limits.
One commenter agrees that this action will not only improve the
monitoring of these harmful pollutants but will also strengthen the
regulatory enforcement and compliance of emissions limits as well as
ensure efficiency of industry equipment.
Response: These comments appear to support approval of the
revisions to 30 TAC Chapter 115 that will reduce emissions of VOCs from
oil and natural gas sources in the DFW and HGB nonattainment areas. As
stated in our proposal, ground-level ozone, or smog, is formed when
VOCs and NO<INF>X</INF> emissions interact in the presence of sunlight.
Automobiles, power plants, and refineries are some of the major sources
of these ozone precursors.
Ozone is one of the six criteria pollutants identified in the CAA.
Accordingly, the CAA requires the EPA to periodically review and update
the NAAQS to ensure that it provides adequate health and environmental
protection. When the EPA establishes or revises a NAAQS, it is required
to designate areas of the country as meeting or not meeting the
standard. For areas that do not meet the standard, the Act provides
emissions control requirements based on the extent of the ozone problem
in the area. Section 182 of the CAA provides the specific attainment
planning and additional requirements that apply to each ozone
nonattainment area based on its classification. RACT for CTG-covered
sources is one of the tools required by the CAA to reduce the emission
of ozone precursors thereby reducing the formation of ground-level
ozone.
Under the CAA, states have the primary responsibility to ensure the
air quality within their geographic area is in compliance with the
NAAQS. Each state must therefore develop and adopt their SIP as state
law. The SIP is then submitted to the EPA for review. If the EPA
approves the SIP, those control measures become federally enforceable.
Therefore, the state of Texas and the EPA both have authority to bring
enforcement actions for violations of the federally approved 30 TAC
Chapter 115 rules.
Comment: One commenter stated that SIPs should gain the power to
penalize states that do not follow this act and that EPA should make
more regulations to keep the planet clean and healthy.
Response: We understand the commenter's concern to be that SIPs
should be enforceable, and that EPA should penalize states for not
following the Clean Air Act. First, the state of Texas and the EPA both
have authority to bring enforcement actions against sources for
violations of federally approved SIPs. Members of the public can also
file citizen suits under the CAA to address violations of SIPs. Second,
the CAA includes certain negative consequences should a state fail to
submit all or a portion of a SIP as required by the CAA, or where the
EPA disapproves a SIP as not meeting the CAA requirements. In those
situations, the EPA is required to develop a federal implementation
plan (FIP) for the state unless the state addresses the deficiency
appropriately. See CAA Section 110(c). Sanctions may also be imposed on
the state in those situations. See CAA Section 179. For more details on
Air Quality Implementation Plans please visit <a href="https://www.epa.gov/air-quality-implementation-plans">https://www.epa.gov/air-quality-implementation-plans</a>.
III. Final Action
We are approving the revisions to the 30 TAC Chapter 115,
Subchapter B, Divisions 1, 2, 3, and 7 as meeting RACT to address VOC
emissions from oil and gas sources in the DFW and HGB nonattainment
areas submitted to the EPA on July 20, 2021, for inclusion into the
Texas SIP. This action is being taken under Section 110 of the Act.
In this action, the EPA is approving the following revisions to the
Texas SIP adopted on June 20, 2021, and submitted to the EPA on
December 17, 2021:
<bullet> Revisions to 30 TAC Chapter 115, Sections 115.111,
115.112, 115.119, and 115.121,
<bullet> Adoption of Division 7: Oil and Natural Gas in Ozone
Nonattainment
<bullet> Areas and 30 TAC Sections 115.170 through 115.181 and
115.183, and
Revisions to 30 TAC Section 115.357.
[[Page 55381]]
IV. Environmental Justice Considerations
EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within the DFW
and HGB 2008 ozone NAAs. EPA then compared the data to the national
average, for each of the demographic groups. The results of this
analysis are included in the docket for this action and are provided
for informational and transparency purposes. The results of the
demographic analysis indicate that communities in close proximity to
industrial sources may be subject to disproportionate environmental
impacts of air pollution.
This final action approves revisions to the Texas SIP to reduce VOC
emissions from oil and natural gas sources in the DFW and HGB 2008
ozone NAAs. We expect that this action and resulting emissions
reductions will generally be neutral or contribute to reduced
environmental and health impacts on all populations in the DFW and HGB
2008 ozone NAAs, including people of color and low-income populations.
At a minimum, this action would not worsen any existing air quality and
is expected to ensure the area is meeting requirements to attain and/or
maintain air quality standards. Further, there is no information in the
record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people.
V. Incorporation by Reference
In this action, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of
Texas' revisions to 30 TAC Chapter 115, Subchapter B, Divisions 1, 2,
3, and 7 as meeting RACT to address VOC emissions from oil and gas
sources in the DFW and HGB nonattainment areas as described in the
Final 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> (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely approves 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 14094 (88 FR 21879, April 11,
2023);
<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, 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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 Clean Air Act.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal even though the CAA and
applicable implementing regulations neither prohibit nor require an
evaluation. EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. In addition, there is
no information in the record upon which this decision is based that is
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 16, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
[[Page 55382]]
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).
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.
Dated: July 31, 2023.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270 (c), the table titled ``EPA Approved Regulations in
the Texas SIP'', under the heading ``Chapter 115 (Reg 5)--Control of
Air Pollution from Volatile Organic Compounds'', is amended by:
(a) Under the subheading ``Subchapter B: General Volatile Organic
Compound Sources'',
(i) Revising the entries for sections 115.111, 115.112, 115.119,
and 115.121; and
(ii) Adding ``Division 7: Oil and Natural Gas in Ozone
Nonattainment Areas'' consisting of sections 115.170 through 115.181
and 115.183, immediately following the entry for section 115.169; and
(b) Under the subheadings ``Subchapter D--Petroleum Refining,
Natural Gas Processing, and Petrochemical Processes'' and ``Division 3:
Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline
Processing, and Petrochemical Processes in Ozone Nonattainment Areas'',
revising the entry for section 115.357.
The revisions and addition read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations in the Texas SIP
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State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
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* * * * * * *
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Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
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* * * * * * *
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Subchapter B: General Volatile Organic Compound Sources
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* * * * * * *
Section 115.111.................. Exemptions......... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.112.................. Control 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
* * * * * * *
Section 115.119.................. Compliance 7/20/2021 ................... ......................
Schedules.
* * * * * * *
Section 115.121.................. Emissions 7/20/2021 8/15/2023, [Insert ......................
Specifications. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 7: Oil and Natural Gas in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.170.................. Applicability...... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.171.................. Definitions........ 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.172.................. Exemptions......... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
Section 115.173.................. Compressor Control 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.174.................. Pneumatic 7/20/2021 8/15/2023, [Insert ......................
Controller and Federal Register
Pump Control citation].
Requirements.
Section 115.175.................. Storage Tank 7/20/2021 8/15/2023, [Insert ......................
Control Federal Register
Requirements. citation].
Section 115.176.................. Alternative Control 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.177.................. Fugitive Emission 7/20/2021 8/15/2023, [Insert ......................
Component Federal Register
Monitoring citation].
Requirements.
[[Page 55383]]
Section 115.178.................. Monitoring and 7/20/2021 8/15/2023, [Insert ......................
Inspection Federal Register
Requirements. citation].
Section 115.179.................. Approved Test 7/20/2021 8/15/2023, [Insert ......................
Methods and Federal Register
Testing citation].
Requirements.
Section 115.180.................. Recordkeeping 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.181.................. Reporting 7/20/2021 8/15/2023, [Insert ......................
Requirements. Federal Register
citation].
Section 115.183.................. Compliance 7/20/2021 8/15/2023, [Insert ......................
Schedules. Federal Register
citation].
* * * * * * *
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Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.357.................. Exemptions......... 7/20/2021 8/15/2023, [Insert ......................
Federal Register
citation].
* * * * * * *
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[FR Doc. 2023-16640 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P
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