[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Proposed Rules]
[Page 17640-17643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2004-TX-0014; FRL-7896-3]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Rules for the Control of Highly Reactive Volatile Organic
Compounds in the Houston/Galveston (HGA) Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: We are proposing to approve rules adopted by the Texas
Commission on Environmental Quality (TCEQ) for the control of highly
reactive Volatile Organic Compounds (HRVOCs) in the Houston/Galveston
ozone nonattainment area. These rules for the control of HRVOCs
supplement Texas' existing rules for controlling volatile organic
compounds (VOC) by providing more extensive requirements for certain
equipment in HRVOC service. These additional controls of HRVOC
emissions will help to attain and maintain the national ambient air
quality standards (NAAQS) for ozone in HGA. Inhaling even low levels of
ozone can trigger a variety of health problems including chest pains,
coughing, nausea, throat irritation, and congestion. It can also worsen
bronchitis, asthma and reduce lung capacity.
DATES: Comments must be received on or before May 9, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R06-OAR-2004-TX-0014, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/ Regional
Material in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm.
Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please
also cc the person listed in the FOR FURTHER INFORMATION CONTACT
section below.
Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID No. R06-OAR-2004-TX-0014. EPA's policy is that all comments
received will be included in the public file without change, and may be
made available online at http://docket.epa.gov/rmepub/, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information
[[Page 17641]]
the disclosure of which is restricted by statute. Do not submit
information through Regional Material in EDocket (RME),
regulations.gov, or e-mail if you believe that it is CBI or otherwise
protected from disclosure. The EPA RME website and the Federal
regulations.gov are ``anonymous access'' systems, which means EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an e-mail comment directly to EPA
without going through RME or regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the public file and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. Guidance on preparing comments is given in the
SUPPLEMENTARY INFORMATION section of this document under the General
Information heading.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in the official file which is
available at the Air Planning Section (6PD-L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file
will be made available by appointment for public inspection in the
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays. Contact the person listed in the
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at
(214) 665-7253 to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quailty, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Guy R. Donaldson, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7242; fax
number 214-665-7263; e-mail address donaldson.guy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
What Action Are We Taking?
We are proposing to approve portions of revisions to the SIP
submitted by the State of Texas in letters dated January 23, 2003,
November 7, 2003, March 26, 2004, and December 17, 2004. We are
approving the portions of these revisions that pertain to the control
of HRVOCs. These rules, which are codified at 30 TAC Chapter 115,
Subchapter H, apply to facilities in the Houston/Galveston ozone
nonattainment area. We are also proposing to approve the associated
revisions to the definitions section of 30 Texas Administrative Code
(TAC) 115.10. We are not proposing any action, at this time, regarding
the other revisions that were submitted in these letters. We are
approving these additional rules pursuant to sections 110, 116 and part
D of the Federal Clean Air Act (the Act).
What General Requirements Do the Rules Establish?
The rules establish improved monitoring requirements for flares,
cooling towers, process vents and pressure relief valves. For sources
in Harris county, the source monitoring provides the information
necessary for sources to demonstrate compliance with annual and short
term caps on emissions of HRVOCs from cooling tower, process vents,
pressure relief devices and flares. The annual cap for each facility
will be established based on processes outlined in 30 TAC chapter 101.
The short term cap is 1200 lbs/hr.
Because of the difficulty in their quantification, fugitive
emissions are not included in the long and short term cap. Instead, the
current work practice rules have been made more comprehensive and more
stringent to achieve additional reduction in HRVOCs.
Why Are We Approving These Rules?
The addition of these rules for the control of HRVOCs will
supplement Texas' existing rules controlling volatile organic compounds
(VOC) and provide improvements to the Texas SIP's VOC Reasonably
Available Control Technology (RACT) rules. These additional controls of
HRVOC emissions will help to attain and maintain the national ambient
air quality standards (NAAQS) for ozone in HGA. Today's proposal, when
finally approved, will make the revised regulations Federally
enforceable.
What Are Highly Reactive VOCs?
First, Volatile Organic Compounds are a class of compounds that
react in the atmosphere with oxides of nitrogen and oxygen in the
presence of sunlight to form ozone. HRVOC is a term used to refer to
chemicals that because of their very high propensity to form ozone have
been targeted for additional control beyond the level of control that
has been established for controlling VOCs in general. These HRVOCs have
been found to contribute a disproportionate amount to the formation of
ozone in the HGA. Further, ambient measurements from both airplanes and
ground based monitors have shown that current emissions estimates for
HRVOCs are substantially underestimated. Therefore, there is a need to
improve the emissions estimates of HRVOCs through better source
monitoring.
HRVOCs have been defined in chapter 115.10 as:
In Harris County, one or more of the following volatile organic
compounds (VOCs): 1,3-butadiene; all isomers of butene (e.g., isobutene
(2-methylpropene or isobutylene), alpha-butylene (ethylethylene), and
beta-butylene (dimethylethylene, including both cis- and trans-
isomers)); ethylene; and propylene.
In Brazoria, Chambers, Fort Bend, Galveston, Liberty, Montgomery
and Waller Counties, one or more of the following VOCs: ethylene and
propylene.
What Processes Will Be Impacted by These Rules?
TCEQ has targeted the following emission sources with these rules:
Flares, process vents, cooling tower heat exchange systems and fugitive
emissions. These sources are believed to generate the greatest amount
of HRVOC emissions. Also, flares, cooling towers and fugitive emissions
are believed to
[[Page 17642]]
suffer the greatest error in reported emissions. The improved source
monitoring requirements included in the rules will greatly enhance the
accuracy of the source emissions estimates.
What Are the Requirements for Flares?
Flares are used in a wide variety of applications both for the
control of continuous vent emissions and for the control of
intermittent emissions during start up, shutdowns and malfunctions. The
ability of flares to safely handle a wide range of flow rates and
chemicals makes them a popular choice for vent gas disposal. Because
flares are not enclosed combustion devices, it is extremely difficult
to measure the exhaust emissions from flares. EPA has established
requirements for the proper operation of flares for its New Source
Performance Standards at 40 Code of Federal Regulations (CFR) 60.18.
Texas has adopted, by reference, these performance requirements for
flares in HRVOC service. The requirements establish limits for the
minimum heating value for the inlet gas to a flare and for maximum gas
velocity at the flare tip.
In addition, the Texas rules establish flow and composition
monitoring requirements for flares that facilities will use to show
compliance with the flare operation requirements of 40 CFR 60.18. Also,
using the flow data and an assumed destruction efficiency for a
properly operated flare, a company can estimate the HRVOC emission rate
to be used for determining compliance with the short and long term
caps. Flares in compliance with 40 CFR 60.18 are allowed to assume a
98% destruction efficiency for most VOCs and a 99% destruction
efficiency for ethylene and propylene. Flares not operated in
compliance with 40 CFR 60.18 are required to assume a destruction
efficiency of 93%. Texas has based these assumed destruction
efficiencies on EPA studies of flare destruction efficiencies.
For flares that are used as a continuous control device, the
monitoring requirements call for continuous flow and hydrocarbon
monitoring of the streams being sent to the flare. For flares that are
used more intermittently such as flares for control of loading
operations, emergency flares or flares used only for control during
start up/shutdown and maintenance, the Texas rules allow various
alternative practices that are described in the rule. We have reviewed
the monitoring requirements for flares and believe they will be
adequate to establish compliance with the requirements of 40 CFR 60.18,
the annual cap and the short term cap. For a more complete description
of the requirements, see the technical support document for this action
available in the RME.
What Are the Monitoring Requirements for Cooling Towers?
Facilities are required to continuously monitor the flow and
concentration of VOCs to cooling towers. The samples must be collected
before the water comes in contact with the atmosphere and must be taken
in a location that insures the rate all of the HRVOCs going into the
cooling tower is measured. Streams containing only non-highly reactive
VOCs are not required to be sampled. If the concentration in the stream
exceeds 50ppb total VOCs, the company is required to collect an
additional sample to determine speciated and total HRVOC. These
additional samples must be taken each day until the concentration of
strippable VOC is reduced below 50 ppb. Cooling towers with capacities
less than 8000 gallons/minute are required to monitor flow
continuously, but only have to take samples at least twice per week
with an interval of at least 48 hours between samples.
EPA has reviewed the monitoring requirements for cooling tower heat
exchange systems and believes them sufficient to demonstrate compliance
with the annual and short term cap. For a more complete description of
the cooling tower requirements, see the technical support document for
this action available in the RME.
What Are the Monitoring Requirements for Process Vents?
For process vents, facilities are required to establish a maximum
potential emission rate using a performance test. During the
performance test, a process parameter or parameters is to be identified
that is affected by the emission rate from the process vent. The
performance test must establish an operational limit for the process
parameter(s). For every hour the process parameter(s) remains within it
its operational limit, a facility would report the maximum potential
emission rate for determining compliance with the annual and short term
cap. Instead of assuming the maximum potential emission rate, sources
have the option of installing continuous emission monitors and flow
monitors to directly determine emissions. During time periods when the
process parameter is outside the operational limit, companies must use
engineering estimates and process information to determine emissions
for compliance with the annual and short term caps. Texas has made
clear that time periods outside the operational limits are violations
of the rule. We have reviewed the monitoring requirements for vents and
believe that they will provide sufficient information to determine
compliance with the annual and short term caps. For a more complete
description of the process vent requirements, see the technical support
document for this action available in the RME.
What Is the Short Term Cap?
As mentioned previously, these rules establish a limit of 1200 lbs/
hr of HRVOCs in Harris County. This limit has been established because
recent modeling information indicates that releases of this magnitude
in the right place at the right time can impact peak ozone levels 1-2
parts per billion.
What Are the Monitoring Requirements for Fugitive Emissions?
TCEQ, for a number of years, has implemented a leak detection and
repair program as part of its program to control volatile organic
compounds. When TCEQ determined that additional reductions of HRVOCs
were needed, they established a number of new requirements for their
leak detection and repair. These include among other things:
Inclusion of connectors in the program.
Inclusion of other non-traditional potential leak sources
such as heat exchanger heads and man way covers.
Elimination of allowances for skipping leak detection
periods for valves.
Requirement for third party audits to help insure that
effective leak survey and repairs are conducted.
Requirement that ``extra-ordinary'' efforts be used to
repair valves before putting them on the delay of repair list.
EPA has reviewed the additional requirements for control of HRVOC
fugitive emissions and determined these measures will result in
additional emission reductions of HRVOCs.
Final Action: EPA is proposing to approve for inclusion in the
federally enforceable State Implementation Plan the rules contained in
30 TAC Chapter 115, Subchapter H for the control of HRVOCs, first
submitted in a letter dated January 23, 2003 and revised in letters
dated November 7, 2003, March 26, 2004 and December 17, 2004. We are
also approving revisions to the definition section in the State Rules
30 TAC 115.10 as the definitions are necessary for the implementation
of the rules. We are proposing to approve these rules because they
strengthen the
[[Page 17643]]
State Implementation Plan by improving monitoring requirements and
reducing emissions of HRVOCs in the Houston area. EPA is proposing to
approve these revisions to the HGA SIP under part D of the Act because
they supplement and improve the existing SIP-approved VOC rules and
they are consistent with the RACT requirements and guidance for ozone
nonattainment areas. Reductions achieved by these rules will contribute
to attainment of the ozone standard.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 24, 2005.
Lawrence Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-6944 Filed 4-6-05; 8:45 am]
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