Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29727 

1See 77 FR 30160 ‘‘Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

Nonattainment Area Classifications Approach, 

Attainment Deadlines and Revocation of the 1997 

Ozone Standards for Transportation Conformity 

Purposes.’’ 

2See 77 FR 30088, ‘‘Air Quality Designations for 

the 2008 Ozone National Ambient Air Quality 

Standards.’’ 

3The air quality design value for the 8-hour 

ozone NAAQS is the three-year average of the 

annual fourth highest daily maximum 8-hour 

average ozone concentration. See 40 CFR part 50, 

appendix I. 

4Subsequently the attainment deadlines were 

revised under the marginal classification. 80 FR 

12264, March 6, 2015; 81 FR 26697, May 4, 2016. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2017–0055; FRL–9979– 

57—Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology in the Houston-GalvestonBrazoria Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing approval of revisions to the 

Texas State Implementation Plan (SIP) 

addressing volatile organic compounds 

(VOC) revised rules and the State’s 

reasonably available control technology 

(RACT) analyses for VOC and nitrogen 

oxides (NOX). We are proposing to 

approve the revised VOC rules as 

assisting in reaching attainment of the 

2008 ozone National Air Quality 

Ambient Air Quality Standards 

(NAAQS or the standard) and as 

meeting the RACT requirements in the 

Houston-Galveston-Brazoria 2008 8- 

hour ozone nonattainment area (HGB 

area). We are also proposing to approve 

negative declarations for certain VOC 

source categories subject to RACT in the 

HGB area. The EPA also is proposing to 

find that the State’s RACT analyses 

demonstrate that the HGB area meets 

the VOC and NOX RACT requirements 

for this standard. 

DATES: Written comments must be 

received on or before July 26, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2017–0055, at http://

www.regulations.gov or via email to 

Todd.Robert@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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 Robert M. Todd, (214) 665– 

2156, Todd.Robert@epa.gov. For the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Robert M. Todd, 214–665–2156, 

Todd.Robert@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Mr. Todd or Mr. Bill 

Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

Volatile Organic Compounds (VOC) 

and Oxides of Nitrogen (NOX) help 

produce ground-level ozone, or smog, 

which harms human health and the 

environment. Sections 182(b)(2) and (f) 

require that SIPs for ozone 

nonattainment areas classified as 

moderate or above include 

implementation of RACT for any source 

covered by a Control Techniques 

Guidelines (CTG) document and for any 

major source of VOC or NOX. 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 September 17, 1979 (44 FR 53761). 

For a Moderate, Serious, or Severe 

area a major stationary source is one 

that 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 CTG 

and Alternative Control Techniques 

(ACT) documents. See http://

www.epa.gov/airquality/ozonepollution/ 

SIPToolkit/ctgs.html (URL dating 

August 17, 2014) for a listing of EPAissued CTGs and ACTs. Any major 

source not covered by the presumptive 

CTG rule or a rule similar to the ACT 

must be controlled to meet RACT. 

On March 27, 2008, the EPA revised 

the primary and secondary Ozone (O3) 

standard to a level of 75 parts per billion 

(ppb). Promulgation of a NAAQS 

triggers a requirement for the EPA to 

designate areas as nonattainment, 

attainment, or unclassifiable, and to 

classify the NAAs at the time of 

designation. On May 21, 2012, the EPA 

established initial area designations for 

most areas of the country with respect 

to the 2008 primary and secondary 

eight-hour O3 NAAQS. The EPA 

published two rules addressing final 

implementation 1 and air quality 

designations.2 The implementation rule 

established classifications, associated 

attainment deadlines, and revoked the 

1997 O3 standards for transportation 

conformity purposes. The designation 

rule finalized the NAA boundaries for 

areas that did not meet the 75 ppb 

standard. Furthermore, the finalized 

nonattainment areas were classified 

according to the severity of their O3 air 

quality problems as determined by each 

area’s design value.3 The O3

classification categories were defined as 

Marginal, Moderate, Serious, Severe, or 

Extreme. 

The HGB area, which consists of 

Brazoria, Chambers, Fort Bend, 

Galveston, Harris, Liberty, Montgomery, 

and Waller Counties in Texas, is 

currently designated as nonattainment 

for the 2008 8-hour ozone NAAQS with 

a ‘‘moderate’’ classification (81 FR 

90207, December 14, 2016). Originally 

the HGB area was classified as 

‘‘marginal’’ (77 FR 30088 and 77 FR 

30160, May 21, 2012).4 However, the 

HGB area did not meet the revised 

attainment deadline of July 20, 2016 and 

was reclassified to moderate. Based on 

the moderate classification of the HGB 

area for the 2008 ozone standard, under 

section 182(b) of the CAA, a major 

stationary source in the area is one that 

emits, or has the potential to emit, 100 

tpy or more of VOCs or NOX. 


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5See EPA–R06–OAR–2005–TX–0018 and EPA– 

R06–OAR–2012–0100, available through the 

Regulations.gov website at: https://

www.regulations.gov/. 

6See 80 FR 12279, final action and rationale and 

80 FR 12280, first column, comments and 

responses. 

7We approved those rules on December 21, 2017. 

See 82 FR 60546. The codification of the Texas SIP 

approved by EPA can be found at 40 CFR 

52.2270(c). 

On December 29, 2016 Texas 

submitted its SIP demonstration that 

RACT for sources of VOC and NOX

emissions in the HGB area is met for the 

2008 NAAQS, along rule revisions to 30 

TAC, Chapter 115 (Control of Air 

Pollution from Volatile Organic 

Compounds). Texas, in its SIP analyses 

to identify major stationary sources of 

NOX and VOC reviewed the TCEQ point 

source emissions inventory, NSR and 

Clean Air Act Title V databases to locate 

potential sources. All sources in the 

Title V database that were listed as a 

major source for NOX or VOC emissions 

are included in the RACT analysis. 

TCEQ noted that they reviewed sources 

that reported actual emissions as low as 

10 tpy of NOX or VOC to account for the 

difference between actual and potential 

emissions. TCEQ also noted that sites 

from the emissions inventory database 

with emissions equal to or greater than 

a threshold of 25 tpy or more of NOX or 

VOC definition 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. 

II. Evaluation 

Reliance on Prior RACT Determination 

for HGB Area 

In TCEQ’s December 29, 2016 SIP, 

Table F–1 titled ‘‘State Rules 

Addressing VOC RACT Requirements in 

CTG Reference Documents’’ lists VOC 

CTG source categories, its reference 

document, and state rules addressing 

VOC RACT requirements. Table F–2 

titled ‘‘State Rules Addressing VOC 

RACT Requirements in ACT Reference 

Documents,’’ in TCEQ’s December 29, 

2016 SIP, lists state rules addressing 

VOC RACT in ACT reference 

documents. The implementation rule of 

March 6, 2015 (80 FR 12279), explains 

that States should refer to existing CTG 

and ACT documents as well as all 

relevant technical information including 

recent technical information received 

during the public comment period to 

determine if RACT is being applied. 

States may conclude, in some cases, that 

sources already addressed by RACT 

determinations to meet the 1-hour and/ 

or the 1997 8-hour ozone NAAQS do 

not need to implement additional 

controls to meet the 2008 ozone NAAQS 

RACT requirement (80 FR 12264, March 

6, 2015). The EPA has approved the 30 

TAC Chapter 115 VOC rules as RACT 

for the HGB area under the 1-hour 

and1997 8-hour ozone NAAQS (71 FR, 

52670, September 6, 2006;78 FR 19599, 

April 2, 2013; 79 FR 21144, April 15, 

2014; 79 FR 45105, August 4, 2014; and 

80 FR 16291, March 27, 2015). The EPA 

determined that VOC RACT is in place 

for all CTG and non-CTG major sources 

in the HGB area for the 1-hour and 1997 

8-hour ozone NAAQS (71 FR 52676, 

September 6, 2006 and 79 FR 21144, 

April 15, 2014). Texas’s SIP submittal 

relies on those EPA-approved Chapter 

115 rules for the 1-hour and 1997 8-hour 

ozone NAAQS to fulfill RACT 

requirement for CTG and non-CTG VOC 

major sources for the 2008 8-hour ozone 

NAAQS. We are proposing to 

incorporate by reference the dockets for 

those decisions.5

We are proposing to find that the 

rules we approved as meeting RACT for 

the 1-hour and 1997 8-hour ozone 

NAAQS also meet RACT for the 2008 8- 

hour ozone NAAQS. We have 

determined this is appropriate because 

the fundamental control techniques 

described in the CTG and ACT 

documents, are still applicable and a 

new RACT determination by Texas 

would result in the same or similar 

control technology as the RACT 

determinations made for the 1-hour or 

1997 standard. This view is supported 

by the implementing rule for the 2008 

ozone NAAQS.6 The Chapter 115 rules 

provide appropriate VOC emissions 

reductions that are equivalent to control 

options cited in the CTG and ACT 

documents and any non-CTG major 

sources are controlled. During the 

public comment period for the 

attainment demonstration the state 

received one suggestion to implement 

the new CTG for the Oil and Natural Gas 

Industry (EPA–453/B–16–001, October 

2016) in the HGB area. EPA has issued 

a notice of proposed withdrawal; 

request for comment. See 83 FR 10478, 

March 9, 2018. 

VOC RACT Analysis for Additional 

Controls or Newly Identified Sources 

TCEQ found that the VOC storage 

tank category was partially controlled 

and evaluated whether additional 

controls would be feasible and 

economical. They revised the storage 

tank rules to add more controls to meet 

RACT. TCEQ also identified a Vegetable 

Oil Manufacturing Operations source 

emitting VOCs in a quantity greater than 

the major source definition required 

under the previous NAAQS standard for 

the HGB area. TCEQ’s analysis showed 

that the source met control 

recommendations listed in an earlier 

CTG document for the Vegetable Oil 

Manufacturing Operations source 

category and therefore met RACT. We 

are proposing to fully approve the 

submitted rules as part of the SIP to 

assist in achieving the 2008 ozone 

NAAQS and finding the revised storage 

tank rules meet VOC RACT for the HGB 

area. Below, we discuss in more detail 

our proposed approval of the storage 

tank rule revisions and the vegetable oil 

manufacturing processing source as 

meeting RACT. Please see the Technical 

Support Document (TSD) for additional 

information. 

Texas in its DFW RACT analyses for 

the 2008 ozone standard, found that the 

storage tank source category was 

partially controlled and additional 

controls were feasible and economical. 

We recently approved storage tank rule 

revisions as meeting the RACT 

requirement for the 2008 ozone NAAQS 

in the DFW area.7 The SIP requirements 

controlling VOC emissions from storage 

tanks are found in 30 TAC, Chapter 115, 

Subchapter B, Division 1 (Storage of 

Volatile Organic Compounds) and Texas 

revised §§ 115.112, 115.114, 115.118 

and 115.119 for the HGB area to match 

those EPA approved for the DFW area 

as RACT. The major changes are to 

§ 115.112, Control Requirements, which 

increases control efficiency of control 

devices, other than vapor recovery units 

or flares, from 90% to 95% for VOC 

storage tanks in the HGB area and 

expands the requirement to control VOC 

emissions to sources not previously 

covered; § 115.114, Inspection 

Requirements, which adds the 

requirement to inspect closure devices 

on fixed roofs tanks to prevent VOC 

flash gassing; § 115.118, Recordkeeping 

Requirements, which expands 

recordkeeping requirements for fixed 

roof crude oil and condensate storage 

tanks with uncontrolled VOC emissions 

of at least 25 tpy to the HGB area, as 

well as extends record retention for 

affected VOC storage tanks and expands 

the rule applicability to include the 

aggregate of fixed roof crude oil and 

condensate storage tanks at pipeline 

breakout stations in the HGB area; and, 

§ 115.119, Compliance Schedules, 

which clarifies the responsibility for 

sources in the HGB area to comply and 

defines July 20, 2018 as the final date 

for owners and operators to comply 

with the new standards for the area. The 

increased control efficiency 

requirements; inspection, repair, and 

recordkeeping requirements; and 

expanded applicability for fixed roof 


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8See is EPA–R06–OAR–2015–0832, available 

through the Regulations.gov website at: https://

www.regulations.gov/. 

9The Vegetable Oil Control Techniques Guideline 

was deferred regarding implementation in 1979 and 

it is not currently listed as an applicable source 

category. The Solvent Extraction for Vegetable Oil 

Production NESHAP (40 CFR part 63 Subpart 

GGGG) applies controls to the same manufacturing 

category and emission sources, has been adopted by 

reference into TCEQ’s Chapter 113 regulations and 

applies to this facility. 

10EPA has issued a ‘‘notice of proposed 

withdrawal: request for comment’’ indicating the 

agency is considering withdrawing the Oil and 

Natural Gas CTG. See 83 FR 10478, March 9, 2018. 

11See ‘‘Implementing Reasonably Available 

Control Technology Requirements for Sources 

Covered by the 2016 Control Techniques Guidelines 

for the Oil and Natural Gas Industry’’ Memorandum 

from Anna Marie Wood, October 20, 2016. https:// 

www.epa.gov/sites/production/files/2016-10/ 

documents/implementing_reasonably_available_

control_technology_requirements_for_sources_

covered_by_the_2016_control_techniques_

guidelines_for_the_oil_and_natural_gas_

industry.pdf. 

12See is EPA–R06–OAR–2012–0100, available 

through the Regulations.gov website at: https://

www.regulations.gov/. 

crude oil and condensate storage tanks 

are already in place for VOC storage 

tanks in the DFW area. We have 

approved the rule changes into the state 

SIP and found they meet VOC RACT for 

the DFW area. We are proposing to 

incorporate by reference the docket for 

that decision.8

The adopted rule revisions address 

RACT for both CTG and non-CTG major 

VOC storage tanks in the HGB area. We 

propose to approve the Texas submitted 

revisions, as described in detail in the 

TSD to this proposal, to the storage tank 

rule for the HGB area as part of the SIP 

and as meeting RACT for the HGB area 

for the 2008 8-hour NAAQS. 

In the Texas submittal, the State 

identified a vegetable oil manufacturing 

operation category in the HGB area as a 

major source.9 Previously, EPA had 

approved Texas’ negative declaration for 

vegetable oil manufacturing operation 

for the HGB area for the VOC RACT for 

the 1997 8-hour ozone NAAQS (79 FR 

21144, April 15, 2014). In its RACT 

analysis for the 2008 8-hour ozone 

standard, Texas determined that 

existing SIP-approved Chapter 115 rules 

for existing process vents and the bulk 

loading operations already approved as 

RACT for the 1997 8-hour ozone 

standard satisfy VOC RACT 

requirements for this single vegetable oil 

manufacturing operations source. The 

SIP rules are consistent with the EPA 

approved RACT requirements for 

vegetable oil processing operations in 

the San Joaquin Valley Unified Air 

Pollution Control District Rule 461.2 

(current rule number 4691) (59 FR 2535, 

January 18, 1994). Also this source 

category is covered under 40 CFR part 

63, subpart GGGG. EPA agrees with 

Texas that the controls for vegetable oil 

manufacturing operations meet RACT. 

Thus, we propose to approve Texas’s 

analysis that RACT is met for the 

vegetable oil manufacturing operation 

source. For further details of the San 

Joaquin rule, please see the TSD. 

During the public comment period for 

the attainment demonstration, the state 

did receive a suggestion that it include 

the October, 2016 Oil and Natural Gas 

CTG 10 in their RACT analysis. A review 

of EPA’s implementing memo 11 for this 

CTG shows Texas is required to submit 

revisions to the SIP two years, or sooner, 

after the availability of the CTG. In this 

case, the date of the notice of 

availability was October 27, 2016 (See 

81 FR 74798) which did not allow 

adequate time for Texas to incorporate 

the Oil and Natural Gas CTG controls 

into their state rules and submit them as 

part of this RACT analysis. Texas 

therefore was not required to consider 

this newly issued CTG in their analysis. 

VOC RACT Negative Declarations 

States are not required to adopt RACT 

limits for source categories for which no 

major sources exist in a nonattainment 

area and can submit a negative 

declaration to that effect. The negative 

declaration would need to assert that 

there are no major CTG sources in the 

area, and the accompanying analysis 

would need to support that conclusion. 

Texas has reviewed its emission 

inventory and determined that its 

previous negative declarations for 

fiberglass boat manufacturing materials, 

surface coating for flat wood paneling, 

letterpress printing, automobile and 

light-duty truck assembly coating, and 

rubber tire manufacturing submitted as 

part of its HGB Area VOC RACT SIP for 

the 1997 ozone NAAQS are still 

applicable (79 FR 21144, April 15, 

2014). We also are unaware of any 

sources in these CTG source categories 

in the area and therefore we propose to 

approve these negative declarations. See 

Table F–2 titled ‘‘State Rules 

Addressing VOC RACT Requirements in 

ACT Reference Documents.’’ We are 

also not aware of any major sources in 

the ACT source categories in the area 

and therefore we propose to agree with 

TCEQ’s negative declaration for the ACT 

categories. 

HGB Area NOX RACT TCEQ Analysis 

Under CAA section 182(f) RACT is 

required for major sources of NOx. For 

NOX, the EPA has issued ACT 

documents that describe available 

control technologies but do not define 

presumptive RACT levels. In TCEQ’s 

December 29, 2016 SIP, Table F–3: State 

Rules Addressing NOX RACT 

Requirements in ACT Reference 

Documents provides the emission 

source categories, the ACT reference 

documents, and the state rules 

addressing the RACT requirements for 

sources in the NOX ACT documents. 

TCEQ also identified other major NOx 

sources than those covered by the ACT 

and how the RACT requirement is 

addressed for them. The RACT analysis 

is contained in Appendix F of the 

TCEQ’s December 29, 2016 SIP 

submittal as a component of the HGB 

2008 8-hour ozone attainment 

demonstration plan. 

In 2013, EPA determined that NOX

control measures in 30 TAC Chapter 117 

met 1997 8-hour RACT requirements for 

major sources of NOX in the HGB area 

under the 1-hour and 1997 8-hour ozone 

NAAQS (78 FR 19599, April 2, 2013). 

Texas’s SIP relies on those EPAapproved Chapter 117 rules to fulfill 

RACT requirements for NOX source 

categories that exist in the HGB area 

with the exception of a glass furnace. 

We are proposing to incorporate by 

reference the docket for that decision.12

In our implementation rule for the 

2008 ozone NAAQS we made clear we 

believed that, in some cases, new RACT 

determinations would ‘‘result in the 

same or similar control technology as 

the RACT determinations made for the 

1-hour or 1997 standards.’’ This is 

because the fundamental control 

techniques, as described in the CTG and 

ACT documents, are still applicable. 

Following this line of reasoning, Texas 

determined the existing Chapter 117 

NOX reduction regulations provide 

appropriate NOX emissions reductions 

that meet RACT emission reduction 

requirements and adequately 

incorporate ACT document controls 

where appropriate. As noted above, 

during the public comment period for 

the attainment demonstration, the state 

did receive a suggestion that it include 

the October, 2016 Oil and Natural Gas 

CTG in their RACT analysis. A review 

of the controls in the CTG indicated 

NOX emissions were not considered in 

this CTG. Texas, therefore, is not 

required to consider this newly issued 

CTG in their NOX analysis. We are 

proposing to find that the existing 

Chapter 117 rules meet the RACT 

requirement in the HGB area for the 

2008 ozone NAAQS. 

Texas noted their review of NOX

sources in the HGB area identified a 

facility falling under the Glass 

manufacturing ACT category. The 

source has existing controls consistent 


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29730 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

with RACT. For a full discussion of the 

source and the rationale for including 

existing controls as RACT for the HGB 

area please see the TSD to this proposal. 

Texas did not locate any major sources 

subject to the NOX Emission from 

Cement Manufacturing ACT. For all the 

other NOX ACT sources, excepting the 

glass manufacturing facility mentioned 

above, the state has established Chapter 

117 regulations we have previously 

approved as RACT for the 1997 8-hour 

ozone NAAQS and as discussed above 

are proposing to find meet RACT for the 

2008 ozone NAAQS. 

CAA 110(l) Analysis 

CAA section 110(l) requires that a SIP 

revision submitted to EPA be adopted 

after reasonable notice and public 

hearing. Section 110(l) also requires that 

we not approve a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. 

The TCEQ provided copies of the 

Public Notice of proposed changes to 

Chapter 115 (Control of VOC 

Emissions), including the text published 

in the Texas Register and local 

newspapers. The TCEQ also held a 

public hearing on the revisions to 

Chapter 115 on October 24, 2016 in 

Houston, Texas. (More information on 

the public comments the state received 

is available in the TSD to this proposal.) 

The only change in control 

requirements in these revisions are the 

additional controls for VOC storage 

tanks. The remainder of the revisions 

provide an evaluation that with new 

controls on VOC storage tanks, existing 

controls on NOX and VOC are sufficient 

to meet the RACT requirements for the 

HGB area. The changes to the VOC 

storage tank rules will enhance the 

state’s ability to come into compliance 

with the 2008 O3 standard. The 

institution of the additional control 

requirements would not be expected to 

interfere with attainment or 

maintenance of any other NAAQS. In 

sum, Texas adopted the SIP revision 

after reasonable notice, a public hearing, 

and an opportunity for public comment. 

We propose that the revisions enhance 

the SIP by providing VOC emission 

reductions through new requirements 

on storage tanks and continuing NOX

and VOC RACT controls for the HGB 

area. The CAA 110(l) requirements are 

met. 

III. Proposed Action 

We are proposing to approve revisions 

to the Texas SIP addressing the 2008 

ozone NAAQS and the RACT 

requirements for sources in the HGB 

area. Specifically, we are proposing to: 

(1) Find previous VOC and NOX RACT 

determinations made for the HGB area 

under the 1-hour ozone NAAQS and the 

1997 8-hour NAAQS meet RACT for the 

2008 ozone NAAQS; (2) approve 

revisions to 30 TAC Chapter 115 

sections described in Table 1 below into 

the state SIP because they assist in 

meeting the 2008 ozone NAAQS; (3) 

find the revisions described in Table 1 

below meet VOC RACT for the HGB 

area; and (4) find that the HGB area 

meets VOC and NOX RACT for the 2008 

ozone NAAQS. 

TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL

[Subchapter B, Division 1, Storage of Volatile Organic Compounds] 

Section amended Amendment Comments 

115.112 Control Requirements ............ 115.112(a)(3)—minor clerical changes, changes § 60.18(b–f) to read § 60.18(b)– 

(f).

Non substantive. 

115.112(d)(5)—Minor word changes, changes ‘‘subparagraphs’’ to read ‘‘subparagraph’’.Non substantive. 

115.112(d)—adds reference to compliance dates and efficiencies cited in 

115.112(e)(3).

Clarifies duty to comply in HGB area by 

July 20, 2018. 

115.112(e)(3)(A)(i-iii)—increases control efficiency requirements for VOC control 

devices, other than flares or vapor recovery devices, from 90% efficiency to 

95% efficiency as of July 20, 2018.

Represents an increased level of VOC 

control in the HGB area on the date 

of implementation. 

115.112(e)(5)—Word change applies the requirement to control VOC emissions 

from aggregated storage tanks at pipeline breakout stations in the HGB NA 

area.

Change will reduce VOC emissions in 

the HGB area by requiring greater 

control of VOC emissions from pipeline break out stations in the area. 

115.112(e)(6)—Minor word changes, changes ‘‘subparagraphs’’ to read ‘‘subparagraph’’.Non substantive. 

115.112(e)(7)—Adds crude oil and condensate storage tanks in HGB area to 

sources required to maintain flash emission control devices per manufacturer 

recommendations or good Engineering Practice.

Will aid in compliance and VOC emissions reductions. 

115.114 Inspection Requirements ........ 115.114(a)(5), adds inspection requirement of closure devices controlling VOC 

flash gassing on fixed roof storage tanks storing crude oil or condensate prior 

to custody transfer or at pipeline breakout stations in the HGB area.

Will reduce potential for VOC emissions 

in the HGB area. 

115.118 Recordkeeping Requirements Changes to 115.118(a)(6)(D)—Expands the requirement to keep records detailing standards used to maintain tanks and tank closure devices to sources in 

the HGB NA area. This recordkeeping requirement now applies to owner/operators (O/Os) of storage tanks used to store crude oil or condensate prior to 

custody transfer, or at a pipeline breakout station, in the HGB area and required to control flash emissions via 115.112(e).

Recordkeeping will enhance compliance 

and enforcement of control requirements. 

Changes to 115.118(a)(6)(E) expands requirement to maintain record of inspection results and required repairs in 115.112(e)(7) or 115.114(a)(5) to sources 

in HGB area by eliminating the phrase limiting this requirement to the DallasFort Worth area and making a minor wording change to the paragraph.

Recordkeeping will enhance compliance 

and enforcement of control requirements. 

New requirement in 115.118(a)(7) for O/Os to maintain any record created after 

January 1, 2017, in the HGB NA area, for five years at a minimum.

Applies five-year recordkeeping requirement to affected sources in the HGB 

area. 

This is expected to enhance compliance 

and enforcement of the rules. 

115.119 Compliance Schedules ........... Changes to 115.119(a)(1), clarifies existing sources in HGB NA area should 

comply with control requirements in 115.112(e)(1)–(6), rather than the earlier 

reference to 115.112(e) in its entirety. The changes to the language distinguish between compliance dates for exiting requirements in the HGB NA area 

under 115.112(e)(1)–(6) and the new requirement for the HGB NA area under 

115.112(e)(7).

Clarifies applicability and will result in 

increased compliance and reduced 

regulatory confusion. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29731 

TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL—Continued 

[Subchapter B, Division 1, Storage of Volatile Organic Compounds] 

Section amended Amendment Comments 

Additional sentence expressly states the requirement to comply with 90% control efficiency requirement [see 115.112(e)(3)(A)(i)] in the HGB area no longer 

applies beginning July 20, 2018. Therefore, all control devices in the area 

must meet the 95% DRE requirement after that date. Also, some ministerial 

changes to conform with current formatting practices for state rules were 

made.

Represents an increased level of VOC 

control in the HGB area on the date 

of implementation. 

Ministerial changes are non-substantive. 

Changes to 115.119(a)(2) clarifies existing sources in HGB area should comply 

with control requirements in 115.112(e)(1)–(6), rather than the earlier reference to 115.112(e) in its entirety. The changes to the language distinguish 

between compliance dates for exiting requirements in the HGB NA area 

under 115.112(e)(1)-(6) and the new requirement for the HGB NA area under 

115.112(e)(7).

Clarifies applicability and should result 

in increased compliance and reduced 

regulatory confusion. 

Additional wording expressly states the requirement to comply with 90% DRE 

[see 115.112(e)(3)(A)(i)] is in effect in the HGB area for an affected source 

until the source complies with the 95% control efficiency stated in 

115.112(e)(3)(A)(ii) or July 20, 2018 at the latest.

Full compliance represents an increased level of VOC control in the 

HGB NA area and will result in reduced VOC emissions in the area on 

the date of implementation. 

New paragraph 115.119(a)(3) is added requiring compliance with new control 

standards, inspection and record keeping requirements for affected sources in 

the HGB NA area as soon as practicable, but not later than July 20, 2018.

Clarifies early compliance is desirable 

and establishes a final date to comply. Expected to simplify compliance 

and enforcement. 

IV. Incorporation by Reference 

In this action, the EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

revisions to the Texas regulations as 

described in the Proposed Action 

section above. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and in 

hard copy at the EPA Region 6 office. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• 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 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 CAA; and 

• 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: June 20, 2018. 

Anne Idsal, 

Regional Administrator, Region 6. 

[FR Doc. 2018–13651 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2003–0010; FRL–9979– 

86—Region 7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Omaha Lead Superfund 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: Environmental Protection 

Agency (EPA) Region 7 is issuing a 

Notice of Intent to Delete 101 residential 

parcels of the Omaha Lead Superfund 

site located in Omaha, Nebraska, from 

the National Priorities List (NPL) and 

requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (CERCLA), as amended, is 


sradovich on DSK3GMQ082PROD with PROPOSALS