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[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58063-58067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23152]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0100; FRL-9728-8]

Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for the 1997 8-Hour Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the Texas State 
Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) 1997 
8-Hour ozone nonattainment Area (Area). The HGB Area consists of 
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery 
and Waller counties. Specifically, we are proposing to approve portions 
of two revisions to the Texas SIP submitted by the Texas Commission on 
Environmental Quality (TCEQ) as meeting certain Reasonably Available 
Control Technology (RACT) requirements for Volatile Organic Compounds 
(VOC) and Oxides of Nitrogen (NOX) in the HGB Area. We are 
also proposing to approve the 2007 Voluntary Mobile Emission Reduction 
Program (VMEP) commitments for the HGB Area. This action is in 
accordance with section 110 of the federal Clean Air Act (the Act, 
CAA).

DATES: Comments must be received on or before October 19, 2012.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0100, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     Email: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8:00 a.m. and 4:00 p.m. weekdays 
except for legal holidays. Special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2012-0100. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through www.regulations.gov or email that you consider to be CBI or 
otherwise protected from disclosure. The www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will be a 15 cent per page fee for making photocopies of 
documents. On the day of the visit, please check in at the EPA Region 6 
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment: TCEQ, Office of Air Quality, 12124 Park 35 Circle, Austin, 
Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone

[[Page 58064]]

(214) 665-6691, fax (214) 665-7263, email address shar.alan@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Outline

I. Background
    A. What actions are we proposing?
    1. The June 13, 2007 Submittal
    2. What is a VMEP commitment?
    3. The April 6, 2010 Submittal
    B. What is RACT?
II. Evaluation
    A. What types of VMEP commitments qualify for SIP credit?
    B. What type of programs did Texas submit as VMEP?
    C. Do the 2007 VMEPs meet our requirements for approval?
    D. What action is EPA taking on the 2007 VMEP?
    E. What is TCEQ's approach and analysis to RACT in the June 13, 
2007 submittal?
    F. What CTG source categories are we addressing in this action?
    G. Are there any negative declarations associated with the VOC 
source categories in the HGB Area?
    H. Why does the revision to 30 TAC Chapter 115 of the June 13, 
2007 submittal meet RACT?
    I. Is Texas' approach to major Non-CTG sources for RACT 
determination in the HGB Area acceptable?
    J. Is Texas' approach to RACT determination for CTG sources 
based on the June 13, 2007 and April 6, 2010 submittals acceptable?
    K. Is Texas' approach to RACT determination for VOC sources 
based on the June 13, 2007 and April 6, 2010 submittals acceptable?
    L. Is Texas' approach to for RACT determination for major 
NOX sources based on the June 13, 2007 and April 6, 2010 
submittals acceptable?
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. What actions are we proposing?

    We are proposing to approve portions of revisions to the Texas SIP 
submitted to EPA with two separate letters dated June 13, 2007 and 
April 6, 2010 from TCEQ. These two separate submittals are described 
below.
1. The June 13, 2007 Submittal
    The June 13, 2007 submittal, sent to EPA from TCEQ, included the 
following components. (1) Control of Air Pollution from Motor Vehicles, 
(2) Control of Air Pollution from Volatile Organic Compounds, and (3) 
Voluntary Mobile Emission Reduction Program (VMEP) commitments. Each 
component is discussed below. The first component concerns revisions to 
30 TAC Chapter 114 Control of Air Pollution from Motor Vehicles, 
sections 114.6 and 114.319 which addressed the Texas Low Emission 
Diesel standards for marine fuels. We approved this component of the 
June 13, 2007 submittal on October 24, 2008, at 73 FR 63378. The 
revision to these sections has been in effect, federally, since 
November 24, 2008. The second component of the June 13, 2007 submittal 
concerns revisions to 30 TAC, Chapter 115 Control of Air Pollution from 
Volatile Organic Compounds, sections 115.110, 115.112 -115.117, 
115.119, 115.541-115.547 and 115.549. We approved these revisions as 
enhancing the Texas SIP because these rule revisions required 
additional VOC controls on storage tanks, lowered VOC emissions, and 
helped lower ozone levels in the HGB Area. See 75 FR 15348 of March 29, 
2010. The revisions to these sections have been in effect, federally, 
since May 28, 2010. We are now proposing to approve the 2007 VMEP for 
the HGB Area into Texas SIP. For more information on VMEP see section 
below. In addition, the June 13, 2007 submittal included an analysis 
intended to demonstrate RACT was being implemented in the HGB Area as 
required by the CAA (Appendix D of the submittal).
2. What is a VMEP commitment?
    Voluntary mobile source strategies complement existing regulatory 
programs through voluntary, non-regulatory changes in local 
transportation activities or changes in in-use vehicle and engine 
composition. The EPA believes that the Act allows SIP credit for new 
approaches to reducing mobile source emissions, where supported by 
enforceable commitments to monitor and assess implementation and 
backfill any emissions reductions shortfall in a timely fashion. This 
flexible approach is consistent with the Clean Air Act section 110. 
Economic incentive provisions are also available in sections 182 and 
108 of the Act. Credits generated through VMEP can be counted toward 
attainment and maintenance of the NAAQS. Due to the innovative nature 
of this program, only up to 3% of the total future year emissions 
reductions required to attain an appropriate NAAQS, may be claimed 
under the VMEP policy guidance.
3. The April 6, 2010 Submittal
    In conjunction with the June 13, 2007 submittal, we are also 
proposing to approve a part of the April 6, 2010 revision to the Texas 
SIP, submitted with TCEQ's letter of April 6, 2010, for VOC RACT 
purposes. Specifically, we are proposing to find, based on the analysis 
in Appendix D of the April 6, 2010 submittal that Texas has met certain 
RACT requirements under section 182(b). Appendix D of the April 6, 2010 
submittal is titled ``Reasonably Available Control Technology 
Analysis.'' See section B for more information on RACT evaluation for 
the HGB Area.

B. What is RACT?

    The EPA has defined RACT as the lowest emissions limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available, considering technological and 
economic feasibility. See 44 FR 53761, September 17, 1979. Section 
172(c)(1) of the Act requires that SIPs for nonattainment areas 
``provide for the implementation of all reasonably available control 
measures as expeditiously as practicable (including such reductions in 
emissions from existing sources in the area as may be obtained through 
the adoption, at a minimum, of reasonably available control technology) 
and shall provide for attainment of the primary National Ambient Air 
Quality (NAAQS) standards.''
    Section 182(b)(2) of the Act requires states to submit a SIP 
revision and implement RACT for moderate and above ozone nonattainment 
areas. For a Moderate, Serious, or Severe Area a major stationary 
source is one which emits, or has the potential to emit, 100, 50, or 25 
tons per year (tpy) or more of VOCs or NOX, respectively. 
See CAA sections 182(b), 182(c), and 182(d). The EPA provides states 
with guidance concerning what types of controls could constitute RACT 
for a given source category through the issuance of Control Techniques 
Guidelines (CTG) and Alternative Control Techniques (ACT) documents. 
See http://www.epa.gov/ttn/naaqs/ozone/ctg_act/index.htm (URL dating 
May 23, 2012) for a listing of EPA-issued CTGs and ACTs for VOC or 
Oxides of Nitrogen (NOX).
    The HGB Area was designated as Severe for the 1997 8-Hour ozone 
NAAQS. See 73 FR 56983, October 1, 2008. Thus, per section 182(d) of 
the CAA, a major stationary source in the HGB Area is one which emits, 
or has the potential to emit, 25 tpy or more of VOCs or NOX. 
The inventory of VOC and NOX sources listed in Appendix D of 
the April 6, 2010 submittal is intended to fulfill this requirement.
    Under section 183(b), EPA is required to periodically review and, 
as necessary, update CTGs. EPA issued a number of new CTGs in 2006, 
2007, and 2008. Accordingly, Texas revised its Chapter 115 regulations 
to address these VOC RACT control measures. These most

[[Page 58065]]

recent revisions to Chapter 115 regulations corresponding to these 
newly-EPA-issued CTGs will be addressed in a separate rulemaking 
action.

II. Evaluation

A. What types of VMEP commitments qualify for SIP credit?

    The basic framework for ensuring SIP credit for VMEPs is spelled 
out in guidance issued under a memorandum from Richard D. Wilson, 
Acting Assistant Administrator for Air and Radiation, dated October 24, 
1997, entitled ``Guidance on Incorporating Voluntary Mobile Source 
Emission Reduction Programs in State Implementation Plans (SIPs).'' 
Generally, to obtain credit for a VMEP, a State submits a SIP that: (1) 
Identifies and describes a VMEP; (2) Contains projections of emission 
reductions attributable to the program, along with any relevant 
technical support documentation; (3) Commits to evaluation and 
reporting on program implementation and results; and (4) Commits to the 
timely remedy of any credit shortfall should the VMEP not achieve the 
anticipated emission reductions. More specifically, the guidance 
suggests the following key points be considered for approval of 
credits. The credits should be quantifiable, surplus, enforceable, 
permanent, and adequately supported. In addition, VMEPs must be 
consistent with attainment of the standard and with the ROP 
requirements and not interfere with other CAA requirements. The VMEP 
program for an area can be revised by a SIP revision that substitutes 
or adds other VMEP measures if needed.

B. What type of programs did Texas submit as VMEP?

    The State submitted program descriptions that projected emission 
reductions attributable to each specific program as part of the HGB 
attainment demonstration submitted June 13, 2007. Table 1 below lists 
the identified programs and their projected credits.

    Table 1--Voluntary Mobile Emission Reduction Programs and Credits
                                 Claimed
------------------------------------------------------------------------
                                                           NOX benefits
                      Program type                        (tons per day)
------------------------------------------------------------------------
Public and Private Sector Clean Fuel Fleet..............            2.0
Commute Solutions.......................................            0.77
Pooled Ownership of Vehicles............................            0.05
                                                         ---------------
    Total Benefits (tpd)................................            2.82
------------------------------------------------------------------------

This revision to the VMEP builds on the existing HGB VMEP program 
approved by EPA on November 14, 2001 which the State previously has 
committed to evaluate and report on the program implementation and 
results and to timely remedy any credit shortfall.

C. Do the 2007 VMEPs meet our requirements for approval?

    A detailed analysis of all the VMEP measures can be found in our 
TSD prepared for this document. For each creditable VMEP, the measure 
was found to be quantifiable. The reductions are surplus because they 
are not substitutes for mandatory, required emission reductions. The 
commitment to monitor, assess and timely remedy any shortfall from 
implementation of the measures is enforceable against the State. The 
reductions will continue at least for as long as the time period in 
which they are used by this SIP demonstration, so they are considered 
permanent. There is a commitment that each measure is adequately 
supported by personnel and program resources for implementation.

D. What action is EPA taking on the 2007 VMEP?

    The HGB Area's ozone SIP VMEP meets the criteria for credit in the 
SIP. Texas has demonstrated that the credits are quantifiable, surplus, 
enforceable, permanent, adequately supported, and consistent with the 
SIP and the Act. Therefore, we are proposing to approve the 2007 VMEP 
portion of the Texas SIP.

E. What is TCEQ's approach and analysis to RACT in the June 13, 2007 
submittal?

    Under sections 182(b)(2)(A) and (B) states must insure RACT is in 
place for each source category for which EPA issued a CTG. As a part of 
June 13, 2007 submittal TCEQ conducted a RACT analysis to demonstrate 
that the RACT requirements for CTG sources in the HGB 8-Hour ozone 
nonattainment Area have been fulfilled. The TCEQ revised and 
supplemented this analysis in the April 6, 2010 submittal. The TCEQ 
conducted its analysis by: (1) Identifying all categories of CTG and 
major non-CTG sources of VOC and NOX emissions within the 
HGB Area; (2) Listing the state regulation that implements or exceeds 
RACT requirements for that CTG or non-CTG category; (3) Detailing the 
basis for concluding that these regulations fulfill RACT through 
comparison with established RACT requirements described in the CTG 
guidance documents and rules developed by other state and local 
agencies; and (4) Submitting negative declarations when there are no 
CTG or major Non-CTG sources of VOC emissions within the HGB Area. We 
have reviewed the submittal and are proposing that TCEQ has properly 
conducted its analysis, and their approach to control requirements are 
in agreement with our RACT requirements for affected VOC sources in the 
HGB Area.

F. What CTG source categories are we addressing in this action?

    The EPA entered into a CD with the Sierra Club concerning revisions 
to the Texas SIP for HGB Area. Under the terms of this CD, February 1, 
2013 is the deadline by which EPA has to propose a rulemaking action 
relevant to RACT for VOC and NOX source for the HGB Area. 
Table 2 below contains a list of VOC CTG source categories and their 
corresponding sections of 30 TAC Chapter 115 that fulfill the 
applicable RACT requirements, under the terms of the CD.

  Table 2--CTG Source Categories and Their Corresponding Texas VOC RACT
                                  Rules
------------------------------------------------------------------------
                                            Fulfilling RACT requirement,
        Source category in HGB area              30 TAC chapter 115
------------------------------------------------------------------------
Bulk Gasoline Plants......................  Sec.   115.211-219.
Natural Gas/Gasoline Processing...........  Sec.   115.352-359.
Synthetic Organic Chemical Manufacturing    Sec.   115.352-359.
 Industry--Polymer & Resin Manufacturing.
Gasoline Tank Trucks & Vapor Collection     Sec.   115.211-219 and Sec.
 Systems.                                     115.234-239.
Refineries--Leaks from Equipment..........  Sec.   115.352-359.
Synthetic Organic Chemical Manufacturing    Sec.   115.120-129.
 Industry--High Density Resins.
Synthetic Organic Chemical Manufacturing    Sec.   115.531--539.
 Industry--Synthesized Pharmaceutical
 Products.
Petroleum Liquid Storage--External          Sec.   115.112-119.
 Floating Roof Tanks.

[[Page 58066]]

 
Refineries--Vacuum Producing Systems,       Sec.   115.311-319 and Sec.
 Wastewater Separators, Unit Turnarounds.     115.131-139.
Synthetic Organic Chemical Manufacturing    Sec.   115.120-129.
 Industry--Air Oxidation Processes.
Synthetic Organic Chemical Manufacturing    Sec.   115.120-129.
 Industry--Reactor Processes &
 Distillation Operations.
Shipbuilding and Ship Repair..............  Sec.   115.420-429.
Solvent Metal Cleaning....................  Sec.   115.412-419 and Sec.
                                              115.420-429.
Gasoline Service Stations.................  Sec.   115.221-229.
Petroleum Liquid Storage--Fixed Roof Tanks  Sec.   115.112-119.
Tank Trucks--Gasoline Loading Terminals...  Sec.   115.211-219 or Sec.
                                             115.221-229.
------------------------------------------------------------------------

G. Are there any negative declarations associated with the CTG source 
categories in the HGB Area?

    Yes, Texas has declared that there are no existing major sources of 
rubber tire manufacturing, identified with the Standard Industrial 
Classification (SIC) 3011, in the HGB Area. As such, TCEQ does not have 
to adopt VOC regulations relevant to this source category at this time 
for the HGB Area. However, if a major source of this category locates 
in the HGB Area in future, then TCEQ will need to take appropriate 
regulatory measures for SIP purposes.

H. Why does the revision to 30 TAC Chapter 115 of the June 13, 2007 
submittal meet RACT?

    As stated elsewhere, we approved revisions to 30 TAC, Chapter 115 
Control of Air Pollution from Volatile Organic Compounds on March 29, 
2010 at 75 FR 15348. We now have reviewed these revisions to Chapter 
115 and have determined that they are in agreement with EPA's Control 
Technique Guidelines (CTG) documents titled Control of Volatile Organic 
Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-
450/2-77-036, December 1977); Control of Volatile Organic Emissions 
from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/
2-78-047, December 1978); and Alternative Control Techniques Document--
Volatile Organic Liquid Storage in Floating and Fixed Roof Tanks (EPA-
453/R-94-001, January 1994). Also, see our Technical Support Document 
(TSD) prepared in conjunction with this document. Since these revisions 
are in agreement with our guideline documents, we are proposing that 
they satisfy RACT requirements, and by implementing these measures 
Texas is meeting the VOC RACT for liquid storage sources in the HGB 
Area.

I. Is Texas' approach to major Non-CTG sources for RACT determination 
in the HGB Area acceptable?

    Under section 182(b)(2)(C) states must assure that major sources 
not covered by a CTG have RACT in place. Texas has identified a list, 
in its Appendix D of the April 6, 2010 submittal, of major VOC sources 
in the HGB Area to determine if any do not have RACT level controls in 
place and do not fall into the identified sectors for which EPA has 
issued a CTG. TCEQ reviewed the point source emissions inventory and 
title V databases to identify all major sources of VOC emissions. All 
sources in the title V database that were listed as a major source for 
VOC emissions were included in the RACT analysis. Since the point 
source emissions inventory database reports actual emissions rather 
than potential to emit emissions, the TCEQ reviewed sources that 
reported actual emissions as low as 10 tpy of VOC to account for the 
difference between actual and potential emissions. To be conservative, 
sites from the emissions inventory database with emissions of 10 tpy or 
more of NOX or VOC that were not identified in the title V 
database and could not be verified as minor sources by other means are 
also included in the RACT analysis. We have reviewed TCEQ's April 6, 
2010 submittal and find their approach to include these sources in the 
inventory of the sources acceptable. As documented in Appendix D, Texas 
found that each source was covered by existing rules and the 
corresponding VOC control measures were in place for the affected 
sources. Consistent with our finding under the 1-Hour ozone attainment 
demonstration plan for the HGB Area at 70 FR 58136, October 5, 2005, 
and 71 FR 52676, September 6, 2006, Texas has met RACT for VOC and 
NOX sources, and because Texas' approach in its April 06, 
2010 submittal, in identifying major Non-CTG sources, is acceptable and 
consistent with our finding and State has certified that it has RACT in 
place; we are proposing to approve TCEQ's determination that VOC 
control measures in Chapter 115 meet RACT requirements for the major 
Non-CTG sources of VOC in the HGB Area under the 1997 8-Hour ozone 
NAAQS.

J. Is Texas' approach to RACT determination for CTG source categories 
based on the June 13, 2007 and April 6, 2010 submittals acceptable?

    As a part of 1-Hour ozone attainment demonstration plan for the HGB 
Area at 70 FR 58136, October 5, 2005; and 71 FR 52676, September 6, 
2006, we stated that Texas has met RACT for VOC and NOX 
sources. In the TSD developed for this action, we evaluated the 
corresponding sections of 30 TAC Chapter 115 for the source categories 
identified in Table 2 above in the HGB Area, and have reviewed these 
sections against our identified reference documents. In its April 6, 
2010, submittal to EPA, TCEQ states that it has reviewed the HGB VOC 
rules and certifies that they satisfy RACT requirements for the 8-Hour 
ozone standard by the application of control technology that is 
reasonably available considering technological and economic 
feasibility. We are proposing a determination that Texas VOC rules are 
in agreement with the CAA's RACT requirements. Consequently, by 
implementing these control requirements (Chapter 115) Texas is 
satisfying the RACT requirements for CTG source categories identified 
in Table 2 of this document in the HGB Area under the 1997 8-Hour ozone 
standard.

K. Is Texas' approach to RACT determination for VOC sources based on 
the June 13, 2007 and April 6, 2010 submittals acceptable?

    Yes. The purpose of 30 TAC Chapter 115 rules for the HGB Area is to 
establish reasonable controls on the emissions of ozone precursors. 
Texas has reviewed its VOC rules and has certified that its rules 
satisfy RACT

[[Page 58067]]

requirements. As such and based upon the above two sections we are 
proposing to find that for both the CTG categories identified in Table 
2 and all Non-CTG sources Texas has RACT-level controls in place for 
the HGB Area under the 1997 8-Hour ozone standard.

L. Is Texas' approach to for RACT determination for major NOX sources 
based on the June 13, 2007 and April 6, 2010 submittals acceptable?

    Texas has identified a list of major NOX sources in the 
HGB Area, in its Appendix D of the April 6, 2010 submittal. TCEQ 
reviewed the point source emissions inventory and title V databases to 
identify all major sources of NOX emissions. All sources in 
the title V database that were listed as a major source for 
NOX emissions were included in the RACT analysis. Since the 
point source emissions inventory database reports actual emissions 
rather than potential to emit emissions, the TCEQ reviewed sources that 
reported actual emissions as low as 10 tpy of NOX to account 
for the difference between actual and potential emissions. To be 
conservative, sites from the emissions inventory database with 
emissions of 10 tpy or more of NOX that were not identified 
in the title V database and could not be verified as minor sources by 
other means are also included in the RACT analysis. We have reviewed 
TCEQ's April 6, 2010 submittal and find their approach to include these 
sources in the inventory of the sources acceptable.
    Texas reviewed the list of sources and certified that it has the 
appropriate NOX control measures in place for the affected 
sources. In addition, as a part of 1-Hour ozone attainment 
demonstration plan for the HGB Area at 70 FR 58136, October 5, 2005, 
and 71 FR 52676, September 6, 2006, Texas has met RACT for VOC and 
NOX sources. We are proposing to approve TCEQ's 
determination that NOX control measures in Chapter 117 meet 
RACT requirements for major sources of NOX in the HGB Area 
under the 1997 8-Hour ozone NAAQS.

III. Proposed Action

    Today, we are proposing to find that for VOC, CTG categories 
identified in Table 2 and major Non-CTG sources, and for 
NOX, Texas has RACT-level controls in place for the HGB Area 
under the 1997 8-Hour ozone standard. The EPA had previously approved 
RACT for VOC and NOX into Texas' SIP under the 1-Hour ozone 
standard. We are also proposing to approve the 2007 VMEP into Texas 
SIP.

IV. 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. If a portion of the plan revision meets 
all the applicable requirements of this chapter and Federal 
regulations, the Administrator may approve the plan revision in part. 
42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 
EPA's role is to approve state choices that meet the criteria of the 
Act, and to disapprove state choices that do not meet the criteria of 
the Act. Accordingly, this proposed action approves state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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;
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994); and
     This rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

    Authority:  42 U.S.C. 7401 et seq.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 6, 2012.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
[FR Doc. 2012-23152 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P
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