[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29727-29731]
[FR Doc No: 2018-13651]

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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-Galveston-
Brazoria Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing 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
[email protected]. 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, [email protected]. 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,<PHONE_NUMBER>,
[email protected]. 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 EPA-issued 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.
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    \1\ See 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.''
    \2\ See 77 FR 30088, ``Air Quality Designations for the 2008
Ozone National Ambient Air Quality Standards.''
    \3\ The 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.
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    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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    \4\ Subsequently the attainment deadlines were revised under the
marginal classification. 80 FR 12264, March 6, 2015; 81 FR 26697,
May 4, 2016.

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    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\
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    \5\ See EPA-R06-OAR-2005-TX-0018 and EPA-R06-OAR-2012-0100,
available through the Regulations.gov website at: https://www.regulations.gov/.
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    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.
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    \6\ See 80 FR 12279, final action and rationale and 80 FR 12280,
first column, comments and responses.
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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 Sec. Sec.  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 Sec.  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; Sec.  115.114, Inspection Requirements,
which adds the requirement to inspect closure devices on fixed roofs
tanks to prevent VOC flash gassing; Sec.  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, Sec.
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

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\
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    \7\ We 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).
    \8\ See is EPA-R06-OAR-2015-0832, available through the
Regulations.gov website at: https://www.regulations.gov/.
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    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.
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    \9\ The 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.
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    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.
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    \10\ EPA 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.
    \11\ See ``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.
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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 EPA-
approved 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\
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    \12\ See is EPA-R06-OAR-2012-0100, available through the
Regulations.gov website at: https://www.regulations.gov/.
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    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

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 Sec.   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    Non substantive.
                                 clerical changes,
                                 changes Sec.
                                 60.18(b-f) to read
                                 Sec.   60.18(b)-(f).
                                115.112(d)(5)--Minor    Non substantive.
                                 word changes, changes
                                 ``subparagraphs'' to
                                 read ``subparagraph''.
                                115.112(d)--adds        Clarifies duty
                                 reference to            to comply in
                                 compliance dates and    HGB area by
                                 efficiencies cited in   July 20, 2018.
                                 115.112(e)(3).
                                115.112(e)(3)(A)(i-     Represents an
                                 iii)--increases         increased level
                                 control efficiency      of VOC control
                                 requirements for VOC    in the HGB area
                                 control devices,        on the date of
                                 other than flares or    implementation.
                                 vapor recovery
                                 devices, from 90%
                                 efficiency to 95%
                                 efficiency as of July
                                 20, 2018.
                                115.112(e)(5)--Word     Change will
                                 change applies the      reduce VOC
                                 requirement to          emissions in
                                 control VOC emissions   the HGB area by
                                 from aggregated         requiring
                                 storage tanks at        greater control
                                 pipeline breakout       of VOC
                                 stations in the HGB     emissions from
                                 NA area.                pipeline break
                                                         out stations in
                                                         the area.
                                115.112(e)(6)--Minor    Non substantive.
                                 word changes, changes
                                 ``subparagraphs'' to
                                 read ``subparagraph''.
                                115.112(e)(7)--Adds     Will aid in
                                 crude oil and           compliance and
                                 condensate storage      VOC emissions
                                 tanks in HGB area to    reductions.
                                 sources required to
                                 maintain flash
                                 emission control
                                 devices per
                                 manufacturer
                                 recommendations or
                                 good Engineering
                                 Practice.
115.114 Inspection              115.114(a)(5), adds     Will reduce
 Requirements.                   inspection              potential for
                                 requirement of          VOC emissions
                                 closure devices         in the HGB
                                 controlling VOC flash   area.
                                 gassing on fixed roof
                                 storage tanks storing
                                 crude oil or
                                 condensate prior to
                                 custody transfer or
                                 at pipeline breakout
                                 stations in the HGB
                                 area.
115.118 Recordkeeping           Changes to              Recordkeeping
 Requirements.                   115.118(a)(6)(D)--Exp   will enhance
                                 ands the requirement    compliance and
                                 to keep records         enforcement of
                                 detailing standards     control
                                 used to maintain        requirements.
                                 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).
                                Changes to              Recordkeeping
                                 115.118(a)(6)(E)        will enhance
                                 expands requirement     compliance and
                                 to maintain record of   enforcement of
                                 inspection results      control
                                 and required repairs    requirements.
                                 in 115.112(e)(7) or
                                 115.114(a)(5) to
                                 sources in HGB area
                                 by eliminating the
                                 phrase limiting this
                                 requirement to the
                                 Dallas-Fort Worth
                                 area and making a
                                 minor wording change
                                 to the paragraph.
                                New requirement in      Applies five-
                                 115.118(a)(7) for O/    year
                                 Os to maintain any      recordkeeping
                                 record created after    requirement to
                                 January 1, 2017, in     affected
                                 the HGB NA area, for    sources in the
                                 five years at a         HGB area.
                                 minimum.               This is expected
                                                         to enhance
                                                         compliance and
                                                         enforcement of
                                                         the rules.
115.119 Compliance Schedules..  Changes to              Clarifies
                                 115.119(a)(1),          applicability
                                 clarifies existing      and will result
                                 sources in HGB NA       in increased
                                 area should comply      compliance and
                                 with control            reduced
                                 requirements in         regulatory
                                 115.112(e)(1)-(6),      confusion.
                                 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).

                                Additional sentence     Represents an
                                 expressly states the    increased level
                                 requirement to comply   of VOC control
                                 with 90% control        in the HGB area
                                 efficiency              on the date of
                                 requirement [see        implementation.
                                 115.112(e)(3)(A)(i)]   Ministerial
                                 in the HGB area no      changes are non-
                                 longer applies          substantive.
                                 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.
                                Changes to              Clarifies
                                 115.119(a)(2)           applicability
                                 clarifies existing      and should
                                 sources in HGB area     result in
                                 should comply with      increased
                                 control requirements    compliance and
                                 in 115.112(e)(1)-(6),   reduced
                                 rather than the         regulatory
                                 earlier reference to    confusion.
                                 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).
                                Additional wording      Full compliance
                                 expressly states the    represents an
                                 requirement to comply   increased level
                                 with 90% DRE [see       of VOC control
                                 115.112(e)(3)(A)(i)]    in the HGB NA
                                 is in effect in the     area and will
                                 HGB area for an         result in
                                 affected source until   reduced VOC
                                 the source complies     emissions in
                                 with the 95% control    the area on the
                                 efficiency stated in    date of
                                 115.112(e)(3)(A)(ii)    implementation.
                                 or July 20, 2018 at
                                 the latest.
                                New paragraph           Clarifies early
                                 115.119(a)(3) is        compliance is
                                 added requiring         desirable and
                                 compliance with new     establishes a
                                 control standards,      final date to
                                 inspection and record   comply.
                                 keeping requirements    Expected to
                                 for affected sources    simplify
                                 in the HGB NA area as   compliance and
                                 soon as practicable,    enforcement.
                                 but not later than
                                 July 20, 2018.
------------------------------------------------------------------------

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


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53628-53629]
[FR Doc No: 2018-23213]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG19-11-000.
    Applicants: Indian Mesa Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Indian Mesa Wind, LLC.
    Filed Date: 10/18/18.
    Accession Number: 20181018-5076.
    Comments Due: 5 p.m. ET 11/8/18.

    Docket Numbers: EG19-12-000.
    Applicants: Woodward Mountain Wind, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Woodward Mountain Wind, LLC.
    Filed Date: 10/18/18.
    Accession Number: 20181018-5077.
    Comments Due: 5 p.m. ET 11/8/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-1314-002.
    Applicants: Arkwright Summit Wind Farm LLC.
    Description: Notice of Non-Material Change in Status of Arkwright
Summit Wind Farm LLC.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5200.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-127-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Settlement in Docket No. EL18-153
and Request for Shortened Comment Period to be effective N/A.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5138.
    Comments Due: 5 p.m. ET 10/25/18.

    Docket Numbers: ER19-128-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Settlement in Docket No. EL18-179
and Request for Shortened Comment Period to be effective N/A.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5139.
    Comments Due: 5 p.m. ET 10/25/18.

    Docket Numbers: ER19-129-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Settlement in Docket No. EL18-180
and Request for Shortened Comment Period to be effective N/A.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5140.
    Comments Due: 5 p.m. ET 10/25/18.

    Docket Numbers: ER19-130-000.
    Applicants: Midcontinent Independent System Operator, Inc., ALLETE,
Inc.
    Description: Sec.  205(d) Rate Filing: 2018-10-17_SA 3182 MP-GRE T-
L IA (Straight River) to be effective 10/18/2018.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5146.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-131-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Attachment AE
to Remove References to NERC Standards to be effective 12/18/2018.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5148.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-132-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NMPC 205 filing to revise
depreciation rates in NYISO OATT to be effective 4/1/2018.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5149.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-133-000.
    Applicants: Midcontinent Independent System Operator, Inc., ALLETE,
Inc.
    Description: Sec.  205(d) Rate Filing: 2018-10-17_SA 3184 MP-GRE T-
L IA (Savanna-Cedar) to be effective 10/18/2018.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5163.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-134-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Invenergy Wind E&P
Agreements to be effective 9/18/2018.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5176.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-135-000.
    Applicants: Peony Solar LLC.
    Description: Baseline eTariff Filing: Baseline new to be effective
11/1/2018.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5185.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-136-000.
    Applicants: NorthWestern Corporation.
    Description: Notice of Cancellation of First Revised Service
Agreement No. 321-MT of Northwestern Corporation.
    Filed Date: 10/17/18.
    Accession Number: 20181017-5214.
    Comments Due: 5 p.m. ET 11/7/18.

    Docket Numbers: ER19-137-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-10-18_SA 3180 Dunns
Bridge Solar-NIPSCO GIA (J643) to be effective 10/3/2018.
    Filed Date: 10/18/18.
    Accession Number: 20181018-5036.
    Comments Due: 5 p.m. ET 11/8/18.

    Docket Numbers: ER19-138-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Table 1A of
Attachment L of the OATT to be effective 12/18/2018.
    Filed Date: 10/18/18.
    Accession Number: 20181018-5053.
    Comments Due: 5 p.m. ET 11/8/18.

    Docket Numbers: ER19-139-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: OATT 31.7 revisions:
Historic Congestion Reporting Requirements to be effective 12/18/2018.
    Filed Date: 10/18/18.
    Accession Number: 20181018-5062.
    Comments Due: 5 p.m. ET 11/8/18.

    Docket Numbers: ER19-140-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) Rate Filing: Filing to Correct
Administrative Error in Section IV.A Submitted in ER18-85-000 to be
effective 1/1/2018.
    Filed Date: 10/18/18.
    Accession Number: 20181018-5075.
    Comments Due: 5 p.m. ET 11/8/18.

    Docket Numbers: ER19-141-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: PSCo-BLDR-T-2018-2-Spec
Study-514-0.0.0-Filing to be effective 10/19/2018.
    Filed Date: 10/18/18.
    Accession Number: 20181018-5082.
    Comments Due: 5 p.m. ET 11/8/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 18, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-23213 Filed 10-23-18; 8:45 am]
 BILLING CODE 6717-01-P