[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21014]
[[Page Unknown]]
[Federal Register: August 26, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-19-1-5736a; FRL-5029-4]
Approval and Promulgation of Implementation Plan: Texas Emission
Statement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves a revision to the Texas State
Implementation Plan (SIP) to include revisions to the Texas Air Control
Board, part III, chapter 101, General Rules, section 101.10, Emission
Inventory Requirements. These revisions are for the purpose of
implementing an emission statement program for stationary sources
within the ozone nonattainment areas. The implementation plan was
submitted by the State to satisfy the Federal requirements for an
emission statement program as part of the SIP for Texas.
DATES: This final rule will become effective on October 25, 1994 unless
notice is received by September 26, 1994 that someone wishes to submit
adverse or critical comments. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office
listed below. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-AP), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
The Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
Texas Natural Resource Conservation Commission, Office of Air
Quality, Emissions Inventory Branch, 12124 Park 35 Circle, Austin,
Texas 78753.
FOR FURTHER INFORMATION CONTACT: Mr. Herbert R. Sherrow, Jr., Planning
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Telephone (214) 655-7237.
SUPPLEMENTARY INFORMATION:
Background
The air quality planning and State Implementation Plan (SIP)
requirements for ozone nonattainment and transport areas are set out in
subparts I and II of part D of title I of the Clean Air Act, as amended
by the Clean Air Act Amendments of 1990 (CAA or ``the Act''). EPA has
published a ``General Preamble'' describing EPA's preliminary views on
how EPA intends to review SIPs and SIP revisions submitted under title
I of the CAA, including those State submittals for ozone transport
areas within the States (see 57 FR 13498 (April 16, 1992) (``SIP:
General Preamble for the Implementation of title I of the Clean Air Act
Amendments of 1990''), 57 FR 18070 (April 28, 1992) (``Appendices to
the General Preamble''), and 57 FR 55620 (November 25, 1992) (``SIP:
NOx Supplement to the General Preamble'')).
EPA has also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
document, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July, 1992). The Agency is also conducting a
rulemaking process to modify part 40 of the CFR to reflect the
requirements of the emission statement program.
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in Marginal nonattainment areas, which are also made
applicable in subsections (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program in paragraph (3) of that subsection for stationary sources to
prepare and submit to the State each year emission statements showing
actual emissions of volatile organic compounds (VOC) and nitrogen
oxides (NOx). This paragraph provides that the States are to
submit a revision to their SIPs by November 15, 1992, establishing this
emission statement program. Whatever minimum reporting level is
established in a State emission statement program, if either VOC or
NOx is emitted at or above the designated level, the other
pollutant should be included in the emission statement, even if it is
emitted at levels below the specified cutoffs.
The CAA requires facilities to submit the first emission statement
to the State within three years after November 15, 1990, and annually
thereafter. EPA requests that the States submit the emission data to
EPA through the Aerometric Information Retrieval System (AIRS). The
minimum emission statement data should include: Certification of data
accuracy; source identification information; operating schedule;
emissions information (to include annual and typical ozone season day
emissions); control equipment information; and process data. EPA
developed emission statements data elements to be consistent with other
source and State reporting requirements. This consistency is essential
to assist States with quality assurance for emission estimates and to
facilitate consolidation of all EPA reporting requirements.
In addition to the submission of the emission statement data to
AIRS, States should provide EPA with a status report that outlines the
degree of compliance with the emissions statement program. Beginning
July 1, 1993, States should report quarterly to EPA the total number of
sources affected by the emission statement provisions, the number that
have complied with the provisions, and the number that have not. This
status report should also include the total annual and typical ozone
season day emissions from all reporting sources, both corrected and
non-corrected for rule-effectiveness (RE). States should include in
their status report a list of sources that are delinquent in submitting
their emission statement and that emit 500 tons per year (tpy) or more
of VOC or 2500 tpy or more of NOx. This report should be a
quarterly submittal until all the regulated sources have complied for
the reporting year. Suggested submittal dates for the quarterly status
reports are July 1, October 1, January 1, and April 1.
Analysis of State Submission
1. Procedural Background
The Act requires States to observe certain procedural requirements
in developing its SIP, of which the emission statement program will
become a part. Section 110(a)(2) of the Act provides that each
implementation plan submitted by a State must be adopted after
reasonable notice and public hearing.1 Section 110(l) similarly
provides that each revision to an implementation plan submitted by a
State under the CAAA must be adopted by such State after reasonable
notice and public hearing.
---------------------------------------------------------------------------
\1\Also section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
---------------------------------------------------------------------------
EPA must at the outset determine whether a submittal is complete
and therefore warrants further EPA review and action (see section
110(k)(1) and 57 FR 13565). EPA's completeness criteria for SIP
submittals are set out at 40 CFR part 51, appendix V (1991), as amended
by 57 FR 42216 (August 26, 1991). EPA attempts to make completeness
determinations within 60 days of receiving a submission. However, under
section 110(k)(1)(B), a submittal is deemed complete by operation of
law if a completeness determination is not made by EPA 6 months after
receipt of the submission.
The State passed the revisions to the TACB General Rules, 101, by
repealing the existing section 101.10 and replacing it with a new
section 101.10 on August 20, 1992. The State submitted the revision to
public hearing on April 19, 1992. The rule was submitted to EPA on
October 15, 1992, by the Governor, as a proposed revision to the SIP.
The October 15, 1992, SIP revision was reviewed by EPA to determine
completeness shortly after its submittal, in accordance with the
completeness criteria set out at 40 CFR part 51, appendix V (1991), as
amended by 57 FR 42216 (August 26, 1991). The submittal was found to be
complete and a letter dated January 15, 1993, was forwarded to the
Governor indicating the completeness of the submittal and the next
steps to be taken in the review process. The provisions of the
regulations are outlined under the analysis of the State's submission
below.
On September 1, 1993, the TACB merged with the Texas Water
Commission to form the Texas Natural Resource Conservation Commission
(TNRCC) and is now called the Office of Air Quality within the TNRCC.
The merger did not abrogate, void, or rescind any rules, regulations,
Orders, permits, or any other action previously taken by the former
TACB.
2. Components of Emission Statement Program
There are several key general and specific components of an
acceptable emission statement program. Specifically, the State must
submit a revision to its SIP and the emission statement program must
meet the minimum requirements for reporting by the sources and the
State. In general, the program must include, at a minimum, provisions
for applicability, definitions, compliance, and specific source
requirements detailed below.
A. SIP Revision Submission. Required within 2 years of enactment of
the Clean Air Act Amendments of 1990 (CAAA) (November 15, 1990).
B. Program Elements. The State emission statement program must, at
a minimum, include provisions covering applicability of the
regulations, definitions for key terms used in the regulations, a
compliance schedule for sources covered by the regulations, and the
specific reporting requirements for sources. The emission statement
submitted by the source should contain, at a minimum, a certification
that the information is accurate to the best knowledge of the
individual certifying the statement, source identification information,
operating information, process rate data, control equipment
information, and emissions information. These elements are described in
greater detail in section D of this document. EPA recommends that the
State program require the submission of the data from the sources no
later than April 15 of each year to insure that the State can meet the
July 1 deadline for the submission of data into AIRS each year. The
guidance document prepared by EPA provides a draft model State rule
which can be used as the basis for the States to develop their program.
The guidance document also provides suggested language for the specific
program elements.
C. Sources Covered. Section 182(a)(3)(B) requires that States with
areas designated as nonattainment for ozone require emission statement
data from sources of volatile organic compounds (VOC) or oxides of
nitrogen (NOx) in the nonattainment areas. This requirement
applies to all ozone nonattainment areas, regardless of the
classification (Marginal, Moderate, etc.).
The States may waive, with EPA approval, the requirement for
emission statements for classes or categories of sources with less than
25 tons per year of actual plant-wide NOx or VOC emissions in
nonattainment areas if the class or category is included in the base
year and periodic inventories and emissions are calculated using
emission factors established by EPA (such as those found in EPA
publication AP-42) or other methods acceptable to EPA. States should
get clearance from the appropriate EPA Regional Office to waive the
emission statement requirement for these smaller sources.
D. Reporting Requirements for Sources. The State of Texas requires
facilities to report on an emissions inventory questionnaire supplied
by the State. Sources covered by the State emission statement program
should submit, at a minimum, the following data elements:
1. Source identification information.
2. Operating information.
3. Process rate data.
4. Control equipment information.
5. Emissions information.
3. Review of the State's Emission Statement Regulations.
A. Applicability
The applicability of the regulation to ozone nonattainment areas is
documented in subsection (a) and (a)(1). The rule states that the owner
or operator of the following stationary sources in the State of Texas
or on waters that extend 25 miles from the shoreline shall submit
emissions inventories to the Texas Air Control Board (TACB) on forms or
other media approved by the TACB: a major facility/stationary source,
as defined in Section 101.1 of this title (relating to definitions),
and any stationary source in an ozone nonattainment area emitting a
minimum of 10 tons per year (tpy) volatile organic compounds (VOC), 25
tpy nitrogen oxides (NOx), or 100 tpy carbon monoxide (CO).
B. Types of Inventories
There are two types of inventories identified in the regulation
which are pertinent to emission statements. They are an initial
emissions inventory and an ozone nonattainment area inventory.
The requirement for initial emissions inventories is documented in
subsection (b)(1). Stationary sources, as identified in subsection (a)
of Section 101.10 shall submit an initial emissions inventory (IEI) for
any criteria pollutant or hazardous air pollutant that has not been
identified in a previous inventory. The IEI shall consist of actual
emissions of VOC, NOx, CO, sulfur dioxide (SO2), lead (Pb),
and particulate matter of less than 10 microns in diameter (PM10)
from stationary sources and emissions of all hazardous air pollutants
identified in the FCAA, Section 112(b). For purposes of this section,
the term ``actual emission'' is the actual rate of emissions of a
pollutant from an emissions unit for the calendar year or seasonal
period. Actual emission estimates must also include excess emissions
occurring during maintenance, start-ups, shut-downs, upsets, and
downtime to parallel the documentation of these events in the emissions
inventory and must follow emissions calculations identified in
subsection (c) of section 101.10.
The requirement for ozone nonattainment areas inventories is
documented in subsection (b)(3). This subsection requires stationary
sources in ozone nonattainment areas emitting a minimum of 10 TPY of
VOC, 25 TPY of NOx, or 100 TPY of CO to submit an annual
inventory. The inventory shall consist of actual annual emissions and
typical weekday emissions that occur during the summer months.
C. Minimum Data Requirements
The data requirements include a certifying statement, facility
identification information, operating information, process rate data,
control equipment information, and emissions information.
The certifying statement is documented in subsection (d). A
statement is required from the owner or operator to accompany the
emission inventory certifying that the information is true and accurate
to the best knowledge of the certifying official. The certification
will include the name, title, signature, date of signature, and
telephone number of the certifying official.
The data requirements are contained in the questionnaire used by
the State to gather emission statement data. The questionnaire is
required from all facilities which must report emission statement data.
A copy of the questionnaire and instructions for completion is
contained in the Technical Support Document (TSD). Source data elements
required by Texas through the questionnaire sent by the State to the
facilities are:
1. Facility identification information.
a. Full name, physical location, and mailing address of facility.
b. Latitude and Longitude.
c. SIC code(s).
2. Operating information.
a. Percentage annual throughput by season.
b. Days per week during the normal operating schedule.
c. Hours per day during the normal operating schedule.
d. Hours per year during the normal operating schedule.
3. Process rate data.
a. Annual process rate (annual throughput).
b. Peak ozone season daily process rate (in nonattainment areas.
4. Control equipment information.
a. Current primary and secondary AIRS Facility System (AIRS) control
equipment identification codes.
b. Current control equipment efficiency (percent).
5. Emissions information.
a. Estimated actual VOC and/or NOx emissions at the segment
level, in tpy for an annual emission rate and pounds per day for a
typical ozone season day (defined as the average or typical
operating day during the peak ozone season). The instructions for
completion of the questionnaire require that if either VOC or
NOx is emitted at or above the designated level, the other
pollutant must be included in the emission statement, even if it is
emitted at levels below the specified cutoffs. Actual emission
estimates must include upsets, downtime, and fugitive emissions, and
must follow an emission estimation method. Emissions will be
reported as one number.
b. AFS estimated emissions method code.
c. Emission factor (if emissions were calculated using an emissions
factor).
D. Calculations
Calculations of emissions are documented in subsection (c). The
subsection specifies that actual measurement with continuous monitoring
systems (CEMS) is the preferred method of calculating emissions from a
point source. Other means of determining actual emissions may be
utilized if CEMS data is not available in accordance with detailed
instructions from the Emissions Inventory Division of the TACB.
E. Reporting Requirements
The reporting requirements are documented in subsection (e). The
reporting deadline for the 1992 ozone nonattainment area is March 31,
1993. Subsequent emission statements are due on March 31 of each year
and will contain data for the previous year.
F. Enforcement
The enforcement requirements are documented in subsection (f). The
State of Texas has included language in its regulation that permits the
State to enforce the provisions of the regulation under all pertinent
State enforcement authorities.
All measures and other elements in the SIP must be enforceable by
the State and EPA. The EPA criteria addressing the enforceability of
SIPs and SIP revisions were stated in a September 23, 1987, memorandum
(with attachments) from J. Craig Potter, Assistant Administrator for
Air and Radiation, et al. (see 57 FR 13541 (April 16, 1992) (``Review
of State Implementation Plans and Revisions for Enforceability and
Legal Sufficiency'')). SIP provisions must also contain a program that
provides for enforcement of the control measures and other elements in
the SIP (see section 110(a)(2)(C)).
The analysis of the Texas regulation shows that it adequately
addresses all components of an emission statement program.
In addition, the State has agreed to provide the EPA with emission
statement data for the EPA AIRS through the State grants process and to
provide quarterly status reports.
Final Action
In today's action, the EPA is granting final approval of the Texas
emission statement program as submitted. The EPA is publishing this
action without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comments.
However, in a separate document in this FR publication, the EPA is
proposing to approve the SIP revision should adverse comments be
received. Thus, this action will be effective October 25, 1994 unless,
by September 26, 1994, notice is received that adverse or critical
comments will be submitted.
If such notice is received, this action will be withdrawn before
the effective date by publishing a subsequent document which will
withdraw the final action. All public comments will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. The EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no comments are received, the public is advised
that this action will be effective October 25, 1994.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments of November 15, 1990. The EPA has determined that this
action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
Regulatory process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
The SIP approvals under section 110 and subchapter I, part D, of
the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The CAA forbids the EPA to base its actions concerning SIPs on
such grounds (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(S. Ct. 1976; 42 U.S.C. 7410(a)(2)).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 25, 1994. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for 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 of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements.
Executive Order 12866
This action has been classified as a Table Two action by the
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by an
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. A future document will inform the
general public of these tables. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table Two and Table Three SIP
revisions (54 FR 2222) from the requirements of section three of
Executive Order 12291 for two years. The EPA has submitted a request
for a permanent waiver for Table Two and Table Three SIP revisions. The
OMB has agreed to continue the temporary waiver until such time as it
rules on the EPA's request. This request continues in effect under
Executive Order 12866, which superseded Executive Order 12291 on
September 30, 1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Oxides of nitrogen, Reporting and recordkeeping requirements,
Volatile organic compounds.
Note: Incorporation by reference of the SIP for the State of
Texas was approved by the Director of the Federal Register on July
1, 1982.
Dated: July 27, 1994.
Allyn M. Davis,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-767lq.
Subpart SS--Texas
2. Section 52.2270 is amended by adding paragraph (c)(82) to read
as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
(82) A revision to the Texas SIP to include a new Texas Natural
Resource Conservation Commission, Part III, Chapter 101, General Rules,
section 101.10, Emission Inventory Requirements. In a concurrent
action, the TNRCC repealed the existing section 101.10 concerning
filing of emissions data. The new rule and the repealing of the old
rule was submitted to the EPA on October 15, 1992, by the Governor, as
a proposed revision to the SIP.
(i) Incorporation by reference.
(A) TNRCC, Part III, Chapter 101, General Rules, section 101.10,
Emission Inventory Requirements, as adopted by the TNRCC on August 20,
1992.
(B) TNRCC Order No. 92-20, as adopted by the TNRCC on August 20,
1992.
(ii) Additional material.
(A) TNRCC certification letter dated October 8, 1992, and signed by
William R. Campbell, Executive Director, TNRCC.
[FR Doc. 94-21014 Filed 8-25-94; 8:45 am]
BILLING CODE 6560-50-F
