### Victoria County Eight-Hour Ozone Maintenance Plan Technical Support Document

I. Background

On March 3, 1978, under the 1977 Clean Air Ac t (CAA) amendments, Victoria County, Texas, was designated a nonattainment area becaus e it did not meet the National Ambient Air Quality Standards (NAAQS) for 1-hour ozone (43 FR 8962). As required by the CAA, the state of Texas submitted a State Implementation Plan (SIP) to the EPA in 1979. This SIP outlined control measures to bring the ar ea into attainment for the 1-hour ozone NAAQS. This SIP was approved by EPA in two actions, one in 1980 and another in 1984. An additional SIP revision for Victoria County was submitted to EPA on No vember 12, 1992. This submission revised the air monitoring, reporting and record keeping re quirements for VOC sources and was approved by EPA on March 7, 1995 (60 FR 12348).

On July 27, 1994, Texas submitted a request to re designate Victoria C ounty to attainment for the 1-hour standard. At the same time, Texas submitted the required ozone monitoring data and a maintenance plan to ensure the area would remain in attainment for ozone for a period of 10 years. The maintenance plan submitted by Texas followed EPA guidance for limited maintenance areas, which provides relief for ozone areas that have design values less than 85% of the applicable standard. In this case, the applicable standard was the 1-hour ozone standard of 0.12 parts per million (ppm). At the time of the redesignation request, the design value for Victoria County was 0.100 ppm, well below the 85% threshold of 0.106 ppm. EPA approved Texas’s request, and Victoria County was rede signated to attainment for the 1-hour ozone NAAQS and the maintenance plan was approved, on March 7, 1995, with an effective date of May 8, 1995 (60 FR 12453).

On April 30, 2004, EPA designated and clas sified areas for the 1997 8-hour ozone NAAQS (69 FR 23858), and published the final Phase 1 rule for implementation of the 1997 8- hour ozone NAAQS (69 FR 23951). Victor ia County, Texas was designated as

unclassifiable/attainment for the 1997 8-hour ozon e standard, effective June 15, 2004. The area is consequently required to submit a 10-year maintenance plan under section 110(a)(1) of the CAA and the phase 1 rule. On May 20, 2005, EP A issued guidance providing information regarding how a state might fulfill the maintenance plan obligation established by the Act and the Rule (Memorandum from Lydia N. Wegman to Air Division Directors, Maintenance Plan Guidance Document for Certain 8-hour Ozone Ar eas Under Section 110(a)(1) of Clean Air Act

, May 20, 2005). This SIP revision satisfies the section 110(a)(1) CAA requirements for a plan that provides for implementation, maintenance, and enforcement of the 1997 8-hour ozone NAAQS in the Victoria County, Texas 1997 8-h our ozone unclassifiable/attainment area.

The above information is consistent with Designation Scenario C in the May 20, 2005, Guidance Document: “Areas that are designated unclassifiable / attainment for the 1997 8-hour ozone NAAQS and are designated attainment fo r the 1-hour ozone NAAQS with an approved maintenance plan (8UA/1M).”Page 2 of 8 On December 22, 2006, the United States Court of Appeals for the District of Columbia Circuit issued an opinion that vacated EPA's Phase 1 Implementation Rule for the 1997 8-hour

Ozone Standard. (South Coast Air Quality Management District

. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). Petitions for rehearing were file d with the Court, and on June 8, 2007, the Court modified the scope of the vacatur of the Phase I rule. See 489 F.3d 1245 (D.C. Cir. 2007), cert.
denied , 128 S.Ct. 1065 (2008). The Court vacated thos e portions of the Rule that provide for regulation of 1997 8-hour ozone nonattainment areas under Subpart 1 in lieu of Subpart 2 and that allow backsliding with respect to new source review, penalties, milestones, contingency plans, and motor vehicle emission budgets. Conse quently, the Court’s modified ruling does not alter any requirements under the phase 1 1997 8-hour ozone implementation rule for maintenance plans.

On March 7, 2007, the Texas Commission on Environmental Quality (TCEQ), adopted a revision to the SIP to incorporate a plan for maintenance of the 1997 eight-hour ozone NAAQS in Victoria County. a The revision incorpor ating the ozone maintenance plan contained an updated attainment emissions inventory and tech nical analyses in support of the projections demonstrating maintenance of the eight-hour ozone NAAQS through 2014.

On July 28, 2010, the TCEQ adopted a Con tingency Plan Revision to the 1997 8-hour Ozone Maintenance Plan for the Victoria County Ozone Attainment Area SI P. This SIP revision is an amendment as required by the CAA and no ne w control strategies have been incorporated

into this revision. The revision in cludes three voluntary contingenc y measures that are triggered prior to a violation of the 1997 8-hour ozone NAAQS, and a fourth contingency measure triggered upon violation of the 1997 8-hour ozon e NAAQS. This fourth contingency measure provides a list of potential ru les the TCEQ may adopt and imp lement: the rules considered

include but are not limited to: 30 Texas Administ rative Code (TAC) Chap ter 114 rule for Texas Low Emission Diesel; Chapter 115 volatile organi c compound rules; and Chapter 117 nitrogen

oxides rule.

This SIP revision satisfies the CAA requirements for the Victoria County O 3 maintenance

areas.

II. Analysis of the State’s Submittals

A. General Requirements of 8-hour O 3 Maintenance Plans

Section 110 of the Clean Air Act provides the general framework for Implementation

Plans. The EPA document entitled “Maintenan ce Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 110(a)(1) of Clean Air Act” dated May 20, 2005, provides more detailed information about maintenance plan requirements.Page 3 of 8 The maintenance plan submitted by Texas meets CAA requirements, and follows EPA guidance.

B. Specific Requirements of 8-hour O 3 Maintenance Plans

The 8-hour ozone 110(a)(1) maintenance plan constitutes a SIP revision and must provide

for continued maintenance of the 8-hour ozone NAAQS in the area for 10 years from the

effective date of the area’s designation as unclassifiable/at tainment for the 8-hour ozone NAAQS. The Victoria County maintenance plan includes the following components: Attainment Inventory (Chapter 2) Maintenance Demonstration (Chapter 3) Ambient Air Quality Monitoring (Chapter 4) Contingency Plan (Chapter 5).

1. Attainment inventory. The State must include an emissions attainment inventory to identify a level of emissions in the area which is sufficient to attain the NAAQS. According to the EPA Guidance, May 20, 2005, the attainment inventory should be ba sed on actual “typical summer day” emissions of volatile organic comp ounds (VOCs) and nitrogen oxides (NOx). The Phase I Implementation Rule provides that the 10 -year maintenance period begins as of the effective date of designation for the 8-hour NAAQS for the area and indicat es that the State may use one of any of the three years on which th e 8-hour attainment designation was based (i.e., 2001, 2002, and 2003) for an attainment inventory.

For the emissions attainment inventory for the Victoria County maintenance plan, Texas is using actual “typical summer day” em issions of VOCs and NOx for the base year 2002. As recommended by the EPA, the TCEQ select ed 2002 as the attainment emission inventory base year because it is one of the three year s on which the 8-hour ozone designation was based.

The 2002 VOC and NOx emissions for the Victoria County area were developed consistent with EPA guidance. This information is pr ovided in Chapter 2 of the plan.

2. Maintenance Demonstration. In this section, the State must demonstrate how the area will remain in compliance with the 8-hour ozone standard for th e applicable 10 year period, which in this case begins with an effective da te of designation of June 15, 2004, and extends to June 15, 2014. The typical method that areas have us ed in the past to demonstrate that an area

will maintain the 1-hour standard has been to id entify the level of ozone precursor emissions in the area which is sufficient to attain the NAAQS and to show that future emissions of ozone precursors will not exceed the a ttainment levels. To perform this analysis for the 8-hour maintenance plan, the State could develop emission inventories for one of the three years used to

establish the area’s attainment status and for the projection year. Maintenance may also be demonstrated using other methods, such as modeling.

In Chapter 3: Maintenance Demonstration of the updated plans, the State is using 2002 base year inventory data, and emission pr ojections for 2004, 2010, and 2014. The State hasPage 4 of 8 identified the level of precursor emissions in Vi ctoria County that are su fficient to attain the NAAQS, i.e., the 2002 attainment inventory, and established interim em ission projections of ozone precursors for the years 2004, 2010, and 2014. The below summary tables for NOx and VOC emissions in Victoria County by source type depict the emission inventories that will be used to compare against 2002.

Table 1: Total VOC Emissions for 2002-2014 (tpd)

Source Category 2002 VOC

Emissions 2004 VOC

Emissions 2010 VOC

Emissions 2014 VOC

Emissions

Nonroad

Mobile 1.21 1.00 0.64 0.57

Area 6.28 6.31 6.85 7.23

Point 2.60 3.10 3.30 3.60

Onroad

Mobile 3.29 2.71 1.78 1.40

Total 13.38 13.12 12.57 12.8

Table 2: Total NOx Emissions for 2002-2014 (tpd)

Source Category 2002 NOx

Emissions 2004 NOx

Emissions 2010 NOx

Emissions 2014 NOx

Emissions

Nonroad

Mobile 2.23 2.02 1.77 1.51

Area 2.56 2.65 2.90 3.07

Point 13.00 15.00 16.00 17.00

Onroad

Mobile 11.26 9.72 4.86 2.90

Total 29.05 29.39 25.53 24.48

The trend analysis shows an ove rall decrease in NOx and VOC emissions for Victoria County and thus shows continued attainment through the end of the 10-year period following designation under the eight-hour standard.

3. Ambient Air Quality Monitoring. To verify the attainment status of the area over the ten-year maintenance period, the maintenance plan should contain provisions for continued operation of an appropriate, EPA-approved air qu ality monitoring network in accordance with 40

CFR Part 58.Page 5 of 8 In Chapter 4 of the plan, the State of Texas has provided data indicating th at the Victoria County area will remain in compliance w ith the 8-hour ozone standard for the 10-year period following the effective date of designation for the 8-hour NAAQS of June 15, 2004, and has projected attainment for 2014. This data will be quali ty controlled and submitted to EPA AQS on a monthly basis. A set of indicators and trigger le vels, based on monitoring data, is specified in Section VI.B.10a.7(e), Contingency Plan. The Victoria County mon itoring network is located in the City of Victoria (CAMS 87) and is the monito r driving the area’s desi gn value. The monitor is managed in accordance with 40 CFR Part 58, to verify the attainment status of the county.

The monitor will be used to detect if and wh en appropriate levels have been exceeded for contingency measure triggeri ng purposes. As per the current minimum ozone monitoring requirements in 40 CFR Part 58, Appendix D, Ta ble D-2, only one monitor is required for the Victoria MSA. That monitor (AQS #48-469- 0003, or CAMS 87) has a 2005-2007 8-hour ozone design value of 69 ppb (72 ppb for 2004-2006).

The eight-hour ozone design value based upon data collected from 2003-2005 at the CAMS 87 monitor is 76 part s per billion (ppb). Since that ti me, the 8-hour ozone design values, which are based on a three-year average of the fourth-highest daily maximum average ozone concentration, were as follo ws in parts per billion:

2000 2001 2002 2003 2004 2005 79 ppb 79 ppb 76 ppb 78 ppb 79 ppb 76 ppb

2006 2007 2008 2009 2010 2011 2012 72 ppb 69 ppb 66 ppb 65ppb 66 ppb 70 ppb 69 ppb

These design values are well below the curr ent 8-hour ozone NAAQS level of 75 ppb. (Allowed up to .084 ppm)

4. Contingency Plan. EPA guidance requiri ng Section 110(a)(1) maintenance plan areas to include in the contingency plan an enfor ceable commitment to adopt and implement the contingency measures once triggered, and iden tify measures to be adopted. The current contingency plan includes six 30 Texas Admini strative Code (TAC) rules the TCEQ may choose to amend should Victoria County monitoring dataindicate the area has violated the 1997 eighthour ozone NAAQS.

The rules listed are included in the Chapter 114 Texas Low Emission Diesel (TxLED) compliant marine diesel rule, Chapter 115 vola tile organic compounds ( VOC) emission controls for storage tanks, and Chapter 117 nitrogen oxi des (NOX) controls for combustion engines.Page 6 of 8 Those to be considered include but are not limited to the control measures identified, as the most appropriate contingency measures may be significantly different from the measures mentioned.

If Victoria County monitors a three-year eight-hour ozone average at or above 82 parts per billion (ppb), the City of Victoria will institute a volunt ary program with industry to reschedule, revise, or curtail activities during Ozone Advisory Days, which are EPA’s AIRNow Air Quality Index “Orange Days,” and are at or above 76 ppb. This program will be developed and available within 30 days afte r notification by the TCEQ that the contingency measure will be required. This program will be implemented as e xpeditiously as practicable, but no later than 24

months after the Texas Commission on Environmen tal Quality’s (TCEQ) notification that the contingency measure is needed.

If Victoria County monitors an eight-hour ozone three-year average at or above 83 ppb, the TCEQ will work with the City of Victoria and the local Air Victoria Team to implement various voluntary control m easures that may include:

substantially increasing the number of businesses notified on Ozone Advisory Days;

increasing the number of ozone public announcements; and

other voluntary control measures as identified in a letter from the C ity of Victoria, dated September 8, 2009.

In the event that this con tingency measure is triggered, Victoria County may also be expected to voluntarily implement further local control measures, and previous efforts to reduce ozone may need to be retained. This program will be developed and available within 30 days after notification by the TCEQ th at the contingency measure will be required. This program will be implemented as expeditiously as practicable, but no later th an 24 months after verified monitoring data indicate that the Victoria County three-year average of each annual fourthhighest daily maximum ei ght-hour ozone average is at or above 83 ppb.

If air quality monitoring data indicate three or more exceedances of the 1997 eight-hour ozone NAAQS (measured at 0.08 parts per million) within one calendar year, the TCEQ will analyze air quality data, meteorological conditions , transport, and related factors in Victoria County to determine the cause of the exceedances. The TCEQ will notify the EPA of its findings.

If air quality monitoring data indicate that Victoria Count y’s design value violates the 1997 eight-hour ozone NAAQS with a monitored value of 85 ppb or above, the TCEQ will implement specific contingency measures to pr omptly correct the vi olation. Those to be

considered include but are not limited to the co ntrol measures identified below. The most appropriate contingency measures may be significantly differentfrom the measures mentioned below due to technological, societal, economic, and political factors that are impossible to predict. Contingency measures will be implemente d as expeditiously as practicable, but no later than 24 months after verified air quality monitoring data indicate that the Victoria County three-Page 7 of 8 year average of each annual fourth-highest daily maximum eight-hour ozone average violates the 1997 eight-hour ozone NAAQS.

Revision to 30 Texas Administrative Code (T AC) Chapter 117 Subchapter E, Division 4, to control rich-burn, gas-fired, reciprocating in ternal combustion engines located in Victoria County to meet nitrogen oxides (NOX) emission sp ecifications and other requirements to reduce NOX emissions and ozone air pollution.

Inclusion of Victoria County in 30 TAC Chapter 115 volatile organic compounds (VOC)

rules for the control of crude and condensate storage tanks at upstream oil and gas exploration and production sites or midstream pipeline breakout stations with uncontrolled flash emissions greater than 25 tons per year.

Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for more stringent controls for tank fittings on floa ting roof tanks, such as slotted guidepoles and other openings in

internal and external floating roofs.

Inclusion of Victoria County in 30 TAC Ch apter 115 VOC rules limiting emissions from landings of floating roofs in floating roof tanks.

Inclusion of Victoria County in 30 TAC Chapter 115 VOC rules for control of VOC emissions from degassing operations for storage tanks with a nominal cap acity of 75,000 gallons or more storing materials with a true vapor pressure greater than 2.6 pounds per square inch absolute (psia), or with a nomi nal capacity of 250,000 gallons or more storing materials with a true vapor pressure of 0.5 psia or greater. Degassing vapors from stor age vessels, transport vessels, and marine vessels would be require d to vent to a control device until the VOC concentration of the vapors is reduced to less than 34,000 parts per million by volume as

methane.

Inclusion of Victoria County in 30 TAC Ch apter 114 rule for Texas Low Emission Diesel (TxLED) compliant marine diesel.

The contingency measures and schedules for implementation included in the maintenance plan are consistent with EPA’s long-standing guidance on contingency measures, including the discussion of contingency measures in the Ge neral Preamble (57 FR 1349 8) (see docket).

III. EPA Conclusion and Recommendation

Based on the above discussion, I recomme nd approval of the submitted SIP revision incorporating the Victoria County Section 110(a)(1) 8-hr Ozone Maintenance Plan into the Texas

SIP.Page 8 of 8 Attachments:

1. EPA Guidance Memorandum: Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas Under Section 110(a)(1) of Clean Air Act (Lydia N. Wegman, Director, Air Quality Strategies and Standards Division, May 20, 2005).

2. Final Rule to Implement the 8-Hour Ozone Na tional Ambient Air Quality Standard – Phase 1, 69 FR 23951, April 30, 2004.

3. Consolidated Emissions Reporting Rule (CERR), Final Rule, 67 FR 39602, June 10, 2002.

4. Emissions Inventory Guidance for Implementa tion of Ozone and Part iculate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations, August, 2005,

revised November 2005.