Proposed Rule2024-19599
Determination of Attainment by the Attainment Date for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard; Texas; Freestone-Anderson and Titus Counties
Primary source
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Published
September 3, 2024
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 determine that the sulfur dioxide (SO<INF>2</INF>) nonattainment area (NAA) in Freestone and Anderson Counties and the SO<INF>2</INF> NAA in Titus County have each attained the 2010 1-hour primary SO<INF>2</INF> national ambient air quality standard (NAAQS) by the applicable attainment date of January 12, 2022. This determination is based on primary source shutdowns, available ambient air quality monitoring data from the 2019-2021 monitoring period, relevant modeling analysis, and additional emissions inventory information. This action, if finalized, will address the EPA's obligation under CAA section 179(c) to determine whether the Freestone-Anderson and Titus SO<INF>2</INF> NAAs attained the 2010 1-hour primary SO<INF>2</INF> NAAQS by the statutory attainment date of January 12, 2022, for each area.
Full Text
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<title>Federal Register, Volume 89 Issue 170 (Tuesday, September 3, 2024)</title>
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[Federal Register Volume 89, Number 170 (Tuesday, September 3, 2024)]
[Proposed Rules]
[Pages 71230-71237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19599]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2020-0434; FRL-12215-01-R6]
Determination of Attainment by the Attainment Date for the 2010
1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard;
Texas; Freestone-Anderson and Titus Counties
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 determine that
the sulfur dioxide (SO<INF>2</INF>) nonattainment area (NAA) in
Freestone and Anderson Counties and the SO<INF>2</INF> NAA in Titus
County have each attained the 2010 1-hour primary SO<INF>2</INF>
national ambient air quality standard (NAAQS) by the applicable
attainment date of January 12, 2022. This determination is based on
primary source shutdowns, available ambient air quality monitoring data
from the 2019-2021 monitoring period, relevant modeling analysis, and
additional emissions inventory information. This action, if finalized,
will address the EPA's obligation under CAA section 179(c) to determine
whether the Freestone-Anderson and Titus SO<INF>2</INF> NAAs attained
the 2010 1-hour primary SO<INF>2</INF> NAAQS by the statutory
attainment date of January 12, 2022, for each area.
DATES: Written comments must be received on or before October 3, 2024.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2020-0434, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#d2b5a0b3b6abfcb8b3bfb7a192b7a2b3fcb5bda4"><span class="__cf_email__" data-cfemail="93f4e1f2f7eabdf9f2fef6e0d3f6e3f2bdf4fce5">[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 James E. Grady, (214)
665-6745, <a href="/cdn-cgi/l/email-protection#94f3e6f5f0edbafef5f9f1e7d4f1e4f5baf3fbe2"><span class="__cf_email__" data-cfemail="385f4a595c41165259555d4b785d4859165f574e">[email protected]</span></a>. For the full EPA public comment policy,
information about CBI or multimedia submissions, 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: James E. Grady, EPA Region 6 Office,
Regional Haze and SO<INF>2</INF> Section, 1201 Elm Street, Suite 500,
Dallas, TX 72570, 214-665-6745; <a href="/cdn-cgi/l/email-protection#5b3c293a3f2275313a363e281b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="ccabbeada8b5e2a6ada1a9bf8ca9bcade2aba3ba">[email protected]</span></a>. 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 ``we,'' ``us,'' or
``our'' mean the EPA.
I. Background
A. The 2010 1-Hour Primary SO2 NAAQS
Under section 109 of the CAA, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established. The primary NAAQS represent ambient air quality standards
that the EPA has determined are requisite to protect the public health,
while the secondary NAAQS represent ambient air quality standards that
the EPA has determined are requisite to protect the public welfare from
any known or anticipated adverse effects associated with the presence
of such an air pollutant in the ambient air.
Under the CAA, the EPA must establish a NAAQS for SO<INF>2</INF>,
which is primarily released to the atmosphere through the burning of
fossil fuels by power plants and other industrial facilities.
SO<INF>2</INF> is also emitted from industrial processes including
metal extraction from ore and heavy equipment that burns fuel with a
high sulfur content. Short-term exposure to SO<INF>2</INF> can damage
the human respiratory system and increase breathing difficulties. Small
children and people with respiratory conditions, such as asthma, are
more sensitive to the effects of SO<INF>2</INF>. Sulfur oxides at high
concentrations in ambient air can also react with compounds to form
small particulates (fine particulate matter or PM<INF>2.5</INF>) that
can penetrate deeply into the lungs and cause acute health problems
and/or chronic diseases. The EPA first established primary
SO<INF>2</INF> standards in 1971 at 140 parts per billion (ppb) over a
24-hour averaging period and at 30 ppb over an annual averaging
period.\1\
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\1\ 36 FR 8186 (April 30, 1971).
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On June 22, 2010, the EPA published in the Federal Register a
strengthened, primary 1-hour SO<INF>2</INF> NAAQS, establishing a new
standard at a level of 75 ppb, based on the 3-year average of the
annual 99th percentile of daily maximum 1-hour average concentrations
of SO<INF>2</INF>.\2\ The revised SO<INF>2</INF> NAAQS provides
increased protection of public health. Along with revision of the
SO<INF>2</INF> NAAQS, EPA revoked the 1971 primary annual and 24-hour
SO<INF>2</INF> standards for most areas of the country following area
designations under the new NAAQS.
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\2\ 75 FR 35520.
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B. Designations, Classifications, and Attainment Dates for the 2010 SO2
NAAQS
Following promulgation of a new or revised NAAQS, the EPA is
required to designate all areas of the country as either
``attainment,'' ``nonattainment,'' or ``unclassifiable,'' pursuant to
CAA section 107(d)(1). On August 5, 2013, the EPA finalized its first
round of designations for the 2010 1-hour primary SO<INF>2</INF>
NAAQS.\3\ In that 2013 action, the EPA designated 29 areas in 16 states
as nonattainment for the 2010 1-hour primary SO<INF>2</INF> NAAQS based
on air quality monitoring data. Following the first round of
designations, EPA entered into a March 2, 2015, Consent Decree \4\
which required the EPA to complete the remaining area designations by
three specific deadlines according to a court-ordered schedule. On July
12, 2016, the EPA finalized its second round of initial designations
under the 2010 1-hour primary SO<INF>2</INF> NAAQS, designating an
additional four areas as nonattainment, effective September 12,
2016.\5\ On December 13, 2016 (effective January 12, 2017), EPA
finalized a supplement to the July 12, 2016, second round final action,
designating three more areas in Texas as nonattainment for the 2010 1-
hour primary SO<INF>2</INF> NAAQS.\6\ Included in that
[[Page 71231]]
supplement to the second round of designations was one area in
Freestone and Anderson Counties and one area in Titus County. These
designations were based on consideration of the data available at the
time of designations, including air quality modeling. Pursuant to
section 192(a) of the CAA, the attainment dates for the Freestone-
Anderson and Titus NAAs were both no later than 5 years after the
effective date of initial designation, or January 12, 2022.
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\3\ 78 FR 47191 (August 5, 2013).
\4\ Mar. 02, 2015, Consent Decree; Sierra Club and Natural
Resources Defense Council v. EPA, Case No. 3:13-cv-3953-SI (N.D.
Cal.).
\5\ 81 FR 45039 (July 12, 2016).
\6\ 81 FR 89870 (December 13, 2016).
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CAA section 191(a) requires states that contain an area designated
nonattainment for the 2010 1-hour primary SO<INF>2</INF> NAAQS to
develop and submit a nonattainment area (NAA) State Implementation Plan
(SIP) to the EPA within 18 months of the effective date of an area's
designation as nonattainment (i.e., by July 12, 2018). For
SO<INF>2,</INF> a NAA SIP (also referred to as an attainment plan) must
meet the requirements of CAA sections 110 and 172(c), and 191-192, and
provide for attainment of the NAAQS by the applicable statutory
attainment date, or no later than 5 years from the effective date of
designation (i.e., by January 12, 2022).
When a NAA is attaining the 2010 1-hour primary SO<INF>2</INF>
NAAQS based on the most recent available data, the EPA may issue a
Clean Data Determination (CDD), suspending certain NAA planning
requirements. The EPA issued a CDD for the Freestone-Anderson and Titus
NAAs based on available monitoring data, emissions data, and air
quality modeling via a final rule published on May 14, 2021 (effective
June 14, 2021).\7\ A CDD does not alter the nonattainment designations
for these areas. For the EPA to redesignate these areas to attainment,
the state must submit, and the EPA must approve, a redesignation
request for these NAAs that meets the requirements of CAA section
107(d)(3). On March 3, 2022, Texas submitted a request to EPA to
redesignate the Freestone-Anderson and Titus NAAs to attainment for the
2010 1-hour SO<INF>2</INF> NAAQS, and accompanying maintenance plans
for the two areas. EPA is currently reviewing Texas' redesignation
submission.
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\7\ 86 FR 26401 (May 14, 2021).
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C. EPA Determination of Attainment by the Attainment Date
Section 179(c)(1) of the CAA requires the EPA to determine whether
a NAA attained an applicable standard by the applicable statutory
attainment date based on the area's air quality as of the attainment
date. The EPA is to issue this determination within 6 months of the
attainment date. Thus, the EPA had a mandatory duty under CAA section
179(c) to determine by July 12, 2022, whether the NAAs attained the
NAAQS by the statutory attainment date. With this action, the EPA
proposes to determine, in accordance with CAA section 179(c), that the
Freestone-Anderson and Titus NAAs attained the 2010 1-hour primary
SO<INF>2</INF> NAAQS by the January 12, 2022, statutory attainment
date.
A determination of whether an area's air quality meets applicable
standards is generally based upon the most recent 3 years of complete,
quality-assured data gathered at established state and local air
monitoring stations (SLAMS) in a NAA and entered into the EPA's Air
Quality System (AQS) database, along with other available
information.\8\ Data from ambient air monitors operated by state and
local agencies in compliance with the EPA monitoring requirements must
be submitted to AQS. Monitoring agencies annually certify that these
data are accurate to the best of their knowledge. All data are reviewed
to determine the area's air quality status in accordance with 40 CFR
part 50, appendix T (for SO<INF>2</INF>). In general, for
SO<INF>2</INF> the EPA does not rely exclusively on monitoring data to
determine whether the NAAQS is met unless it has been demonstrated that
the monitors were appropriately sited to record expected maximum
ambient concentrations of SO<INF>2</INF> in an area. As such,
monitoring data can be supplemented with other relevant information,
including dispersion modeling and emissions inventories, for
determining attainment.\9\
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\8\ Under EPA regulations in 40 CFR 50.17 and in accordance with
40 CFR part 50, appendix T, the 2010 1-hour annual SO<INF>2</INF>
standard is met at an ambient air quality monitoring site when the
design value is less than or equal to 75 ppb. Design values are
calculated by computing the 3-year average of the annual 99th
percentile daily maximum 1-hour average concentrations. An
SO<INF>2</INF> 1-hour primary standard design value is valid if it
encompasses 3 consecutive calendar years of complete data. A year is
considered complete when all four quarters are complete, and a
quarter is complete when at least 75 percent of the sampling days
are complete. A sampling day is considered complete if 75 percent of
the hourly concentration values are reported; this includes data
affected by exceptional events that have been approved for exclusion
by the Administrator.
\9\ The memorandum dated April 23, 2014, from Steve Page,
Director, EPA Office of Air Quality Planning and Standards to the
EPA Air Division Directors and titled ``Guidance for 1-hour
SO<INF>2</INF> Nonattainment Area SIP Submissions'' provides
guidance for determining attainment for the 2010 1-hour primary
SO<INF>2</INF> NAAQS. This document is available at <a href="https://www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf">https://www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf</a>.
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The attainment date for the Freestone-Anderson and Titus NAAs was
January 12, 2022. For an area where monitoring data alone is used in
the determination of attainment, the 3-year design value for the
calendar years preceding the attainment date is typically used (e.g.,
the design value for January 2019-December 2021 is the appropriate
design value for an attainment date of January 12, 2022). In this case
for the Freestone-Anderson and Titus NAAs, however, to demonstrate
attainment EPA is relying on a combination of monitoring data, past
modeling from the designation action and discussed in the May 2021
CDD,\10\ primary source shutdowns, and recent emissions data.
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\10\ 86 FR 26401 (May 14, 2021). The background for this action
is discussed in detail in our September 24, 2020, proposal (85 FR
60407).
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II. The EPA's Proposed Determination
A. Area Characterization
The Freestone-Anderson NAA in Texas is bound by the following
Universal Traverse Mercator (UTM) coordinates encompassed by the
following rectangular area vertices in UTM zone 14 with datum NAD83:
(1) vertices--UTM Easting (m) 766752.69, UTM Northing (m)
3536333.0,
(2) vertices--UTM Easting (m) 784752.69, UTM Northing (m)
3536333.0,
(3) vertices--UTM Easting (m) 784752.69, UTM Northing (m)
3512333.0,
(4) vertices--UTM Easting (m) 766752.69, UTM Northing (m)
3512333.0.
The Titus NAA in Texas is bound by the following UTM coordinates
encompassed by the following rectangular area vertices in UTM zone 15
with datum NAD83:
(1) vertices--UTM Easting (m) 304329.030, UTM Northing (m)
3666971.0,
(2) vertices--UTM Easting (m) 311629.030, UTM Northing (m)
3666971.0,
(3) vertices--UTM Easting (m) 311629.03, UTM Northing (m)
3661870.5,
(4) vertices--UTM Easting (m) 304329.03, UTM Northing (m)
3661870.5.
At the time of these area designations, EPA relied on modeling that
indicated that the Big Brown Steam Electric Station in Freestone County
and the Monticello Steam Electric Station in Titus County were the key
contributors to the modeled 2010 SO<INF>2</INF> NAAQS violations in
these rural areas. These two coal-fired power plants were responsible
for contributing almost, if not equal to, 100 percent of the
SO<INF>2</INF>
[[Page 71232]]
impacts on the maximum modeled concentrations in each respective area.
Therefore, EPA only included these two principal sources within these
area boundaries when designating these areas.\11\
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\11\ See final round two technical support document (TSD) titled
``Final TSD for Supplemental SO<INF>2</INF> NAAQS Designations for
Four Areas in Texas.pdf'' (pages 16 and 38). Available in the docket
for this action.
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Shortly after EPA published these nonattainment designation
boundaries, Luminant announced plans to retire the Monticello Steam
Electric Station (October 6, 2017) and the Big Brown Steam Electric
Station (October 13, 2017), and to close both facilities at the
beginning of 2018. Luminant permanently retired the Big Brown electric
generating units 1 and 2 on February 12, 2018, and the TCEQ voided the
operating permit for these units on August 3, 2018. The TCEQ voided
most individual NSR permits for Big Brown units 1 and 2 on March 28,
2018, and the remaining NSR authorizations were voided on June 30,
2020. On April 18, 2021, the Big Brown facility was permanently
demolished. Luminant permanently retired the Monticello electric
generating units 1, 2, and 3 on December 31, 2017, and the TCEQ voided
the operating permit for these units on August 29, 2018. The TCEQ
voided most individual NSR permits for Monticello units 1, 2, and 3 on
February 14, 2018, and the remaining NSR authorizations were voided on
July 14, 2020. On July 1, 2021, the Monticello facility was permanently
demolished. Thus, a key factor in our determination that these two
areas attained the 2010 SO<INF>2</INF> standard is the retirement of
these two facilities since they were the only principal sources within
these area boundaries when these areas were designated as
nonattainment.
B. Evaluation of SO2 Monitoring Data
On October 30, 2017, Texas deployed a special purpose
SO<INF>2</INF> monitor in Freestone County, Texas near the Big Brown
Steam Electric facility at the Fairfield Farm to Market (FM) 2570 Ward
Ranch site. This special purpose monitor (Air Quality System (AQS) ID
48-161-1084) was specifically established to collect information about
the SO<INF>2</INF> ambient air concentrations impacted by emissions
from the Big Brown Electric Station. Though the Big Brown Steam
Electric Station shut down in February 2018, Texas continues to operate
the monitor. In review of the available data at the time of the CDD
request, data from the Big Brown monitor demonstrated a marked
improvement in air quality in the NAA due to the permanent retirement
of the source.\12\ CAA section 179(c) requires EPA's determination of
whether the area attained by the attainment date to be based on the
area's air quality as of the attainment date. Therefore, for the
attainment date of January 12, 2022, the 3-year period of 2019 through
2021 is the relevant time period for evaluation in fulfilling the
Agency's obligation under CAA section 179(c). The 2019-2021 design
value for the Big Brown monitor was 5 ppb (7 percent of the standard),
compared to the standard of 75 ppb. The more recent 2020-2022 design
value for the Big Brown monitor was 7 ppb (9 percent of the standard).
The Freestone County monitor's 1-hour SO<INF>2</INF> design values have
never violated the 2010 1-hour primary SO<INF>2</INF> NAAQS for the
periods following the source shutdown. The EPA is proposing to find
that this monitoring data supports the determination that the
Freestone-Anderson NAA has been in attainment since the Big Brown Steam
Electric Station retired in 2018.
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\12\ During the initial 107-day period from the start of
monitoring on October 31, 2017, to the shutdown of Big Brown on
February 14, 2018, the 99th percentile concentration (the 1st high
value for this shorter-than-1-year period) was 77.5 ppb, slightly
above the standard. Post-shutdown, 321 days were measured during
2018; during this period the 99th percentile concentration (the 3rd
high value) was 14 ppb, 19 percent of the standard. The 99th
percentile concentration for 2019 (the 4th high value) was 5.8 ppb,
8 percent of the standard.
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For the Titus County NAA, Texas did not install a monitor that had
been planned near the Monticello Steam Electric Station once the
retirement of the facility was announced for 2017. However, monitoring
data from the Welsh monitor (AQS ID 48-449-1078), (the Cookville FM
4855 monitor) also located in Titus County, Texas approximately 16 km
to the east of the NAA surrounding the Monticello Steam Electric
Station, was evaluated to provide corroborating evidence that the
source shutdowns have resulted in attainment. The Welsh Monitor began
operating in January 2017. The Welsh monitor was located at the
Cookville FM 4855 site by Texas to characterize the SO<INF>2</INF>
concentrations from the Welsh Power Plant. The Welsh plant was not
included in the Titus NAA because it was not identified as a
contributing source to the modeled SO<INF>2</INF> NAAQS violation in
the Titus NAA. Although the Welsh plant was not identified as a
contributing source to the Titus NAA, it is the only other major
SO<INF>2</INF> producing plant in Titus County now that the Monticello
Steam Electric Station has retired, and its SO<INF>2</INF> emissions
and resulting SO<INF>2</INF> concentrations are accounted for with this
monitor. And, moreover, the Welsh monitor which was sited to capture
the impacts of this lone remaining source is recording SO<INF>2</INF>
concentrations well below the level of the NAAQS. The 2019-2021 design
value at the Welsh monitor is 19 ppb, 25 percent of the 1-hour
SO<INF>2</INF> NAAQS standard. The 2020-2022 design value is 14 ppb, 19
percent of the standard. As explained in the CDD final action, these
values represent an upper limit for the estimated design value for the
Titus County NAA since the Welsh monitor includes the impacts from the
nearby Welsh Power Plant. Concentrations within the Titus NAA, farther
from the Welsh plant, would be expected to be lower since there are no
other large sources nearby. The EPA is proposing to find that the
monitoring data from the Welsh monitor in Titus County support the
conclusion that the Titus NAA attained the 2010 1-hour SO<INF>2</INF>
NAAQS by the January 12, 2022, statutory attainment date.
C. Evaluation of SO2 Modeling Data
In 2016, Sierra Club and Vistra Energy submitted modeling data for
the most recent 3 years (2013-2015) at that time. This modeling
provided the basis for the two nonattainment designations as discussed
earlier. In our CDD,\13\ we evaluated this modeling to determine if
there was any possibility these areas would still be in nonattainment
after the plant shutdowns. Our analysis of the maximum impacts around
Big Brown and around Monticello found that these plants were
responsible for almost 100 percent of the impacts on the maximum
ambient SO<INF>2</INF> concentration. EPA's boundaries for the NAAs
encompassed the areas shown to be in violation of the standard based on
the 2013-2015 emissions and the principal sources that contributed to
the violation in each area (i.e., Big Brown and Monticello). Both
facilities no longer emit any SO<INF>2</INF> due to permanent
shutdowns. Big Brown has emitted zero emissions since the second
quarter of 2018 and Monticello has emitted zero emissions since the
first quarter of 2018. The only emissions explicitly modeled were those
from Big Brown and Monticello; the contributions from all other sources
were represented in the model by an estimate of the background
concentration. This is a technique in modeling to address smaller or
more distant source contributions by examining monitoring data thought
to be representative. In the modeling evaluated for designations, these
contributions were estimated to be
[[Page 71233]]
small, 2 ppb for both areas (much less than the 75 ppb standard).
Consistent with our analysis in the CDD, we do not believe that new
modeling is required to determine attainment of the standard by the
attainment date. Because the emissions from the Big Brown and
Monticello facilities for the 2019-2021 period are zero and their
modeled concentrations would also be zero, the total concentration
within the nonattainment area would be modeled as equal to the
contribution from all other sources, or background. In other words, the
modeled design value, if remodeled, would be small and equal to the
concentrations from all other sources as represented by the background
concentration.
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\13\ 85 FR 60407, 60411 (September 25, 2020).
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D. Evaluation of SO2 Emissions Data
Although the initial designation modeling showed that Big Brown and
Monticello Steam Electric Stations contributed nearly 100 percent of
the point source emissions in their nonattainment areas, and those
sources have shutdown, the EPA also evaluated total County-wide
emissions to consider any point sources that are within the Counties.
The EPA evaluated annual SO<INF>2</INF> point source emission trends
for sources within each County for 2012, and 2017 through 2022.\14\
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\14\ See spreadsheet titled, ``2010 to 2022 Texas Point Source
Data.xlsx'' included in the docket of this action.
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Table 1 shows that Big Brown emitted nearly 100 percent of the
total point source emissions within Freestone and Anderson Counties
until after its retirement in 2018. The total SO<INF>2</INF> point
source emissions have been 100 tons per year (tpy) or less each year
from 2019 to 2022. A flare from Mosbacher Energy Company is responsible
for the majority of those remaining annual SO<INF>2</INF> emissions
(ranging from 28 to 86 tpy) with the rest coming from Freestone Energy
Center (ranging from 12 to 16 tpy) and other various combined sources
emitting less than 1 tpy each.
Table 1--Freestone and Anderson Counties Combined SO2 Point Source Emissions From Texas *
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SO2 emissions (tpy)
Facility Description ------------------------------------------------------------------------------------------
2012 2017 2018 2019 2020 2021 2022
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Big Brown Steam Electric Station.... Boilers 10 and 11...... 60,681 47,632 6,659 0 0 0 0
Freestone Energy Center............. Turbines 1 to 4........ 11.5 11.7 14 16 14.6 12.3 13.6
Mosbacher Energy Company............ Flare 3................ 130 62.4 73 45.2 28 86 67
Teague Gas Plant.................... Incinerator 5 and 243.8 0 0 0 0 0 0
unclassified unit 4.
Other............................... Various (1 tpy or less 3.4 3.1 2.5 2.5 2.5 2 1.8
each) **.
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Total........................... ....................... 61,070 47,709 6,748 63.7 45.1 100.7 82.4
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* Point source data obtained from the State of Texas Air Reporting System (STARS) reported on January 16, 2024.
** The Bethel Gas Plant Incinerator unit 32 was the only unit to exceed 1 tpy with 1.6 tpy in 2012.
In Table 2, EPA provided categorized County-wide emissions,
including point, non-point and mobile source emissions from 2017 and
2020 National Emission Inventory (NEI) \15\ data to compare Big Brown's
impact against the rest of the emissions inventory in Freestone and
Anderson Counties. The total SO<INF>2</INF> emissions in Freestone and
Anderson Counties were significantly lower in 2020 after Big Brown's
retirement, with 171 tpy total. The non-point source category made up
the majority of these County-wide emissions at 122 tpy (71 percent)
with fires (prescribed/agricultural burning, and wildfires)
contributing the most at 108.5 tpy. Oil and gas, waste disposal, and
combustion made up the remaining non-point emissions but were small at
5.4, 4.1, and 3.5 tpy, respectively. On-road sources also contributed
lightly with 3.6 tpy. These categorized County-wide emissions show that
other source categories in and outside of the Freestone-Anderson NAA
are very low. The NAA makes up a very small portion of the total areas
in Freestone and Anderson Counties, so these County-wide non-point and
mobile emissions, which are few, would make up an even smaller piece of
the overall emissions in or near the Freestone-Anderson NAA. The
retirement of the Big Brown Steam Electric Station in 2018 reduced the
emissions in the Freestone-Anderson NAA by nearly 100 percent from 2012
to 2020 and there are no other significant emission sources present.
Therefore, this information supports a determination that the
Freestone-Anderson NAA has attained the 2010 1-hour SO<INF>2</INF>
NAAQS by the statutory attainment date.
---------------------------------------------------------------------------
\15\ See spreadsheets titled ``NEI emissions by sector 2012,
2017, 2020.xlsx'' and ``NEI emissions by unit 2012, 2017,
2020.xlsx'' included in the docket of this action.
Table 2--Freestone and Anderson Counties Combined 2017 and 2020
Categorized NEI SO2 Total Emissions
------------------------------------------------------------------------
SO2 emissions (tpy)
Category -------------------------------
2017 2020
------------------------------------------------------------------------
Point................................... 47,710 45.1
Non-Point............................... 179 122
Fires (prescribed/agricultural 171.1 108.5
burning, and wildfires)............
Oil and gas production.............. 3.03 5.4
Waste Disposal...................... 2.9 4.1
Combustion (residential and 2.4 3.5
industrial)........................
On-Road Mobile.......................... 12.2 3.6
Non-Road Mobile......................... 1.5 0.1
-------------------------------
[[Page 71234]]
Total........................... 47,903 171
------------------------------------------------------------------------
Table 3 shows the SO<INF>2</INF> total point source emissions
within Titus County in 2012, and from 2017 to 2022. In 2018, after
Monticello Steam Electric Station retired, the Welsh Power Plant
emitted nearly 100 percent of the remaining SO<INF>2</INF> emissions
within Titus County. These results show that up until 2017 the
Monticello and Welsh plants were the only primary SO<INF>2</INF> point
sources emitting in Titus County. During designations, EPA's
nonattainment boundary did not include the Welsh Power Plant and was
limited to the immediate area surrounding Monticello Steam Electric
Station as the Welsh Power Plant was not identified as a contributing
source to the modeled SO<INF>2</INF> NAAQS violation. Therefore, since
the Welsh Power Plant did not contribute to the NAAQS violation in the
Titus NAA, and since there are no other point sources within Titus
County, these County-wide emission results show that Monticello is the
only point source that could contribute to nonattainment within the
Titus NAA.
Table 3--Titus County SO2 Point Source Emissions From Texas *
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 emissions (tpy)
Facility Description ------------------------------------------------------------------------------------------
2012 2017 2018 2019 2020 2021 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monticello Steam Electric Station... Boilers 7, 9, 10, 11, 31,450 29,412 0 0 0 0 0
66.
Welsh Power Plant................... Boilers 10, 11, and 12. 23,212 14,075 14,226 11,177 8,168.8 9,880 10,916
Other............................... Flares and Fugitive 0 0.02 0.3 0.4 0.4 0.4 0.4
Emissions.
------------------------------------------------------------------------------------------
Total........................... ....................... 54,662 43,487 14,226.3 11,177.4 8,169.2 9,880.4 10,916.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Point source data obtained from the State of Texas Air Reporting System (STARS) reported on January 16, 2024.
In Table 4, EPA provided categorized County-wide emissions from
2017 and 2020 NEI data to further compare Monticello's impact against
the rest of the emission inventory in Titus County. The 2017 and 2020
NEI data showed that the SO<INF>2</INF> emissions from other categories
in Titus County were small when compared to the point source emissions
showing 44 tpy (0.1 percent) in 2017 and 51.7 tpy (0.6 percent) in
2020. The non-point source category made up the majority of these low
emissions with 38 tpy in 2017 and 50 tpy in 2020 coming mostly from
fires (19 and 16.3 tpy, respectively, in 2017 and 2020) and combustion
(18 and 29.6 tpy, respectively, in 2017 and 2020). Oil and gas and
waste disposal made up the remaining of these low emissions with oil
and gas showing 2.6 tpy or less and waste disposal 1.5 tpy or less for
both years. On-road mobile sources also contributed very lightly as
well (5.5 and 1.9 tpy for both years). These categorized County-wide
emissions show that other source categories in and outside of the Titus
NAA are very low. The Titus NAA makes up a very small portion of the
total area in Titus County, so these County-wide non-point and mobile
emissions, which are few, would make up an even smaller piece of those
overall emissions in or near the Titus NAA. The retirement of
Monticello Steam Electric Station reduced the emissions in the Titus
NAA by nearly 100 percent from 2012 to 2020, and no other sources are
contributing to that area from Titus County. This information supports
a determination that the Titus NAA attained the 2010 1-hour
SO<INF>2</INF> NAAQS by the statutory attainment date.
Table 4--Titus County 2017 and 2020 Categorized NEI SO2 Total Emissions
------------------------------------------------------------------------
SO2 emissions (tpy)
Category -------------------------------
2017 2020
------------------------------------------------------------------------
Point (including the Welsh Power Plant). 43,487 8,169.3
Non-Point............................... 38 50
Fires (prescribed/agricultural 19 16.3
burning, and wildfires)............
Oil and gas production.............. 0.01 2.6
Waste Disposal...................... 1.3 1.5
Combustion (residential and 18 29.6
industrial)........................
On-Road Mobile.......................... 5.5 1.9
Non-Road Mobile......................... 0.8 0.09
-------------------------------
Total........................... 43,531 8,221
------------------------------------------------------------------------
[[Page 71235]]
E. Conclusion
We propose to determine that the Freestone-Anderson and Titus NAAs
attained the 2010 1-hour SO<INF>2</INF> NAAQS by the statutory
attainment date of January 12, 2022. The supporting justification for
our proposed determination of attainment by the attainment date
includes the following: EPA's previous CDD; the permanent and
enforceable shutdowns of the primary sources of SO<INF>2</INF>
emissions in these areas; the available modeling analysis demonstrating
that the Big Brown Steam Electric Station in Freestone County and the
Monticello Steam Electric Station in Titus County were responsible for
almost 100 percent of the SO<INF>2</INF> impacts on the maximum modeled
concentrations in each respective area; review of emissions data
showing emissions within the Freestone-Anderson and Titus NAA's have
been reduced by nearly 100 percent with the retirements of Big Brown
and Monticello Steam Electric Stations in 2018 and that no other
sources remain that are contributing to a violation of the
SO<INF>2</INF> NAAQS in those NAAs; and the Freestone County and Welsh
monitors' reported 2019-2021 design values of 5 ppb (7 percent of the
standard) and 19 ppb (25 percent of the standard) providing additional
evidence that these areas are in attainment. The EPA's proposed
determination that the area attained the 2010 1-hour SO<INF>2</INF>
NAAQS by the attainment date is supported by all of the available
aforementioned evidence.
III. Proposed Action
Based on the EPA's review of all available evidence described in
this notice, the EPA is proposing to determine that the Freestone-
Anderson and Titus NAA's attained the 2010 1-hour primary
SO<INF>2</INF> NAAQS by the statutory attainment date of January 12,
2022.
Finalizing this action would not constitute a redesignation of the
Freestone-Anderson and Titus NAA's to attainment of the 2010 1-hour
SO<INF>2</INF> NAAQS under section 107(d)(3) of the CAA. If this action
is finalized, the Freestone-Anderson and Titus NAA's will remain
designated nonattainment for the 2010 1-hour SO<INF>2</INF> NAAQS until
EPA revises the area's designation under CAA section 107(d)(3).
If finalized, this action will address the EPA's obligation under
CAA section 179(c) to determine if the Freestone-Anderson and Titus
NAAs attained the 2010 1-hour SO<INF>2</INF> NAAQS by the statutory
attainment date of January 12, 2022.
The EPA is soliciting public comments on this notice. These
comments will be considered before taking final action.
IV. Environmental Justice Considerations
Information on Executive Order 12898 (Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994) and how EPA defines
environmental justice (EJ) can be found in the section, below, titled
``V. Statutory and Executive Order Reviews.'' EPA is providing
additional analysis of environmental justice associated with this
action. We are doing so for the purpose of providing information to the
public, not as a basis of our action.
The EPA conducted screening analyses utilizing EJSCREEN, an
environmental justice mapping and screening tool that combines various
environmental and demographic indicators within the area.\16\ The
EJSCREEN tool presents these indicators at a Census block group (CBG)
level or a larger user-specified ``buffer'' area that covers multiple
CBGs.\17\ An individual CBG is a cluster of contiguous blocks within
the same census tract and generally contains between 600 and 3,000
people. EJSCREEN is not a tool for performing in-depth risk analysis,
but is instead a screening tool that provides an initial representation
of indicators related to environmental justice and is subject to
uncertainty in some underlying data (e.g., some environmental
indicators are based on monitoring data which are not uniformly
available; others are based on self-reported data).\18\ We present
EJSCREEN environmental indicators to help screen for locations where
residents may experience a higher overall pollution burden than would
be expected for a block group with the same total population. These
indicators of overall pollution burden include estimates of ambient
PM<INF>2.5</INF> and O<INF>3</INF> concentration, air toxics cancer
risk, air toxics respiratory health index, a score for traffic
proximity and volume, percentage of pre-1960 housing units (lead paint
indicator), and scores for proximity to Superfund sites, risk
management plan (RMP) sites, and hazardous waste facilities.\19\ We
note that the cancer risk and respiratory health indexes are based on
2017 emissions data, when the sources in these areas were still
operating. The EPA's EJSCREEN tool also provides information on
demographic indicators for vulnerable populations in the area,
including communities of color, percent low-income, linguistic
isolation, and less than high school-level education. This action
proposes a determination of NAAQS attainment by the attainment date for
the Freestone-Anderson Counties and Titus County, Texas NAAs. The EPA
prepared EJSCREEN reports covering buffer areas containing the
designated boundaries for each nonattainment area. We selected a 15 km
radius around the Big Brown Steam Electric Station in Freestone-
Anderson Counties and a 10 km radius around the Monticello Steam
Electric Station in Titus County. These sources were responsible for
almost 100 percent of the SO<INF>2</INF> impacts on the maximum modeled
concentrations in each respective area. Table 6 presents a summary of
results from the EPA's screening-level analysis for the areas
surrounding each nonattainment area compared to the U.S. as a whole
(the detailed EJSCREEN reports are provided in the docket for this
rulemaking).
---------------------------------------------------------------------------
\16\ The EJSCREEN tool is available at <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a>.
\17\ See <a href="https://www.census.gov/programs-surveys/geography/about/glossary.html">https://www.census.gov/programs-surveys/geography/about/glossary.html</a>.
\18\ In addition, EJSCREEN relies on the 5-year block group
estimates from the U.S. Census American Community Survey. The
advantage of using 5-year over 1-year estimates is increased
statistical reliability of the data (i.e., lower sampling error),
particularly for small geographic areas and population groups. For
more information, see <a href="https://www.census.gov/content/dam/Census/library/publications/2020/acs/acs_general_handbook_2020.pdf">https://www.census.gov/content/dam/Census/library/publications/2020/acs/acs_general_handbook_2020.pdf</a>.
\19\ For additional information on environmental indicators and
proximity scores in EJSCREEN, see ``EJSCREEN Environmental Justice
Mapping and Screening Tool: EJSCREEN Technical Documentation,''
Chapter 3 and Appendix C (September 2019) at <a href="https://www.epa.gov/sites/default/files/2021-04/documents/ejscreen_technical_document.pdf">https://www.epa.gov/sites/default/files/2021-04/documents/ejscreen_technical_document.pdf</a>.
---------------------------------------------------------------------------
This action is proposing our determination of attainment by the
attainment date for the 2010 1-hour primary SO<INF>2</INF> NAAQS for
the Freestone-Anderson and Titus County NAAs by January 12, 2022.
Information on SO<INF>2</INF> and its relationship to negative health
impacts can be found at final Federal Register notice titled ``Primary
National Ambient Air Quality Standard for Sulfur Dioxide'' (75 FR
35520, June 22, 2010). We expect that this particular action will not
have a detrimental effect on the populations in the NAAs, including
people of color and low-income populations in the NAAs, as this action
identifies that the areas attained the NAAQS by the attainment date.
[[Page 71236]]
Table 6--EJSCREEN Analysis Summary for Freestone-Anderson and Titus SO2 NAAs
----------------------------------------------------------------------------------------------------------------
Values for buffer areas for each NAA and the U.S. (percentile within
U.S. where indicated)
------------------------------------------------------------------------
Selected variables Big Brown Plant in
Freestone-Anderson SO2 Monticello Plant in Titus
NAA (15 km radius) SO2 NAA (10 km radius) U.S. (avg)
----------------------------------------------------------------------------------------------------------------
Pollution Burden Indicators
----------------------------------------------------------------------------------------------------------------
Particulate matter (PM2.5), annual 9.12 (64th %ile)......... 9.34 (70th %ile)......... 8.74 (-)
average ([micro]g/m\3\).
Cancer Risk (lifetime risk per million) 30 (80-90th %ile)........ 38 (95-100th %tile)...... 29 (-)
**.
Respiratory Health Index **............ 0.31 (<50th %tile)....... 0.4 (80-90th %tile)...... 0.36 (-)
Ozone (O3), summer seasonal average of 40.7 (36th %ile)......... 40.7 (36th %ile)......... 42.6 (-)
daily 8-hour max (ppb).
Traffic proximity and volume score *... 11 (8th %ile)............ 190 (46th %ile).......... 710 (-)
Lead paint (percent pre-1960 housing).. 0.11 (41st %ile)......... 0.14 (45th %ile)......... 0.28 (-)
Superfund proximity score *............ 0.009 (3rd %ile)......... 0.013 (9th %ile)......... 0.13 (-)
RMP proximity score *.................. 0.065 (7th %ile)......... 2.8 (95th %ile).......... 0.75 (-)
Hazardous waste proximity score *...... 0.022 (1st %ile)......... 0.028 (3rd %ile)......... 2.2 (-)
----------------------------------------------------------------------------------------------------------------
Demographic Indicators
----------------------------------------------------------------------------------------------------------------
People of color population............. 43% (60th %ile).......... 61% (72nd %ile).......... 40% (-)
Low-income population.................. 30% (53rd %ile).......... 51% (81st %ile).......... 31% (-)
Linguistically isolated population..... 1% (50th %ile)........... 8% (80th %ile)........... 5% (-)
Population with less than high school 23% (84th %ile).......... 22% (82nd %ile).......... 12% (-)
education.
Population under 5 years of age........ 3% (23rd %ile)........... 7% (64th %ile)........... 6% (-)
Population over 64 years of age........ 12% (38th %ile).......... 14% (48th %ile).......... 16% (-)
----------------------------------------------------------------------------------------------------------------
* The traffic proximity and volume indicator is a score calculated by daily traffic count divided by distance in
meters to the road. The Superfund proximity, RMP proximity, and hazardous waste proximity indicators are all
scores calculated by site or facility counts divided by distance in kilometers.
** Air toxics cancer risk, and air toxics respiratory hazard index are from the EPA's 2017 Air Toxics Data
Update, which is the Agency's ongoing, comprehensive evaluation of air toxics in the United States.
V. Statutory and Executive Order Reviews
This action proposes to find that areas attained the NAAQS by the
relevant statutory attainment date and does not impose additional or
modify existing requirements. 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, 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); and
<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,
February 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.'' As noted in Section
IV, the EPA performed an EJ analysis, but we did not consider EJ as a
basis for this action. Due to the nature of the action being taken
here, this action is expected to have no impact on the air quality of
the affected area. Consideration of EJ is not required as part of this
action, which finds that NAAs attained the 2010 SO<INF>2</INF> NAAQS by
the applicable attainment date, and there is no information in the
record 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, this proposed rulemaking, the finding of attainment by
the attainment date for the Freestone-Anderson and Titus SO<INF>2</INF>
NAAs, does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because this action is not
intended to apply in Indian country located in the State, and the EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
[[Page 71237]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2024.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2024-19599 Filed 8-30-24; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.