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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 2021, letter, TCEQ also stated that its regulations otherwise continue to meet the NNSR program requirements in EPAs regulations at 40 CFR 51.1565
without the operation of the IPT
provisions for ozone. EPA agrees with that assessment, as the NNSR offset requirement for ozone may be satisfied under the Texas regulations with offsets for each individual ozone precursor, without trading NOX for VOC or viceversa. Since the IPT portion of the Texas regulations is no longer operative for ozone precursors, these provisions do not preclude EPA from approving the Texas NNSR program regulations that otherwise meet the SIP requirements for marginal nonattainment areas under the 2015 ozone NAAQS. EPAs approval finalized via this action does not include TCEQs IPT provisions for ozone.
EPA does not agree with the commenter that EPAs approval of an inter-precursor trade would be presumed under the Texas SIP unless EPA disapproved the trade during the comment period. EPAs previous approval of certain SIP provisions related to IPTs included only Texas regulations on that subject. EPA did not at any time approve the state guidance document described by the commenter as part of the federally approved SIP.
Nothing in the previously-approved regulations establishes a presumption of EPA approval of an inter-precursor trade if EPA does not communicate its disapproval during a relevant public notice and comment period. EPAs inability to approve IPT trades for ozone because of the court decision is sufficient to render the Texas IPT
provisions inoperative for ozone.
As stated in our proposal, NNSR
permitting program requirements specific to marginal ozone nonattainment areas are reflected in section 182a2C, and further defined in 40 CFR part 51, subpart I. EPA and states may rely on previously approved SIP provisions to meet these NNSR
requirements, so long as the State provides a SIP revision certifying that the existing SIP requirements are sufficient to meet the requirements of the new classification as is being done here. As stated in our proposal, a more stringent NNSR requirement than the marginal requirements under the 2015
standard currently applies in the DFW
and HGB areas as both areas are classified serious nonattainment for the 2008 ozone standard.
Comment: One commenter believes that the State and EPA did not adequately take climate change into consideration when forming air quality standards and the future effects of
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increased average temperatures on ozone concentrations.
Response: We appreciate the commenters concern and attention to climate change. However, the climate change related issues raised by the commenter are beyond the scope of our current action which is limited to whether the States emission statement provisions and nonattainment new source review program, currently in their SIP, meet the requirements set out by the CAA and associated EPA
regulations. This action does not set, revise, or form any air quality standards.
We refer the commenter to Executive Order 14008 of January 27, 2021, and EPAs web page on climate change. See https www.epa.gov/climate-change.
Comment: One commenter stated that EPAs 2015 Ozone NAAQS is significantly higher than the World Health Organizations recommendation of 50 parts per billion.
Response: We appreciate the commenters concerns related to ozone pollution. However, the level of the NAAQS is beyond the scope of our current action. EPA follows a separate and specific CAA process to set and review the NAAQS, including ozone.
See 80 FR 65292 Oct. 26, 2015 as well as CAA sections 108 and 109. That process is beyond the scope of our current action. We refer the commenter to the EPAs ozone air quality standards web page for more information. See https www.epa.gov/ground-levelozone-pollution.
Comment: One commenter stated that the City of San Antonio is not adequately funding its pollution control plan.
Response: We appreciate the commenters concerns over funding and implementation of air programs.
Although somewhat unclear, EPA is reading the comment in regard to the adequacy of funding for local, voluntary pollution control programs as opposed to the States ability to carry out the SIP.
As such, this comment is beyond the scope of this action.
Comment: Two commenters expressed concerns over consumer use of fragrant laundry related products.
One commenter asked to eliminate dryer sheets and chemically scented laundry detergents because such products contain harmful chemicals that are contributing to the depletion of ozone. Another commenter stated that consumer use of fragrant laundry products, such as dryer sheets, other laundry chemicals, and personal care products affect air quality and suggested that the EPA should hold the manufacturers of these products accountable. Further, the commenter
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stated that residential use of such laundry products by a larger sector of residential dwellings is not a small source of VOC emissions. The commenter stated that these are a source of chemical irritants and that consumers should switch to more environmentally friendly products. Lastly, the commenter asked EPA to implement restrictions at the consumer level, if it had authority to do so.
Response: We appreciate the concerns raised by these commenters. However, such concerns are beyond the scope of this action. This action only pertains to CAA NNSR and emissions statement requirements for facilities in the DFW, HGB, and Bexar County ozone nonattainment areas for the 2015 Ozone NAAQS. As stated in our proposal, the NNSR program applies to the construction of new major sources or major modifications of existing sources of NOX or VOC in an area that is designated nonattainment for the ozone NAAQS. The NNSR requirements for Marginal ozone nonattainment areas apply to facilities with the potential to emit 100 tons per year of NOX or VOC.
The emissions statement requirement applies to the State in regard to certain stationary sources of NOX and/or VOC
emissions. CAA section 182a3B.
States may choose to inventory emissions from any class or category of stationary sources which emit less than 25 tons per year of VOC and/or NOX
via use of emission factors provided by EPA and compiled and reported for the National Emissions Inventory NEI
every three years. Id. The last NEI was produced for the year 2017. Further, it is beyond the scope of this action to implement restrictions on consumer products.
Comment: One commenter stated that Texas is emitting significantly more carbon dioxide CO2 per capita than New York and implied this is not appropriate. The commenter also raised questions concerning the impact of our action on the States economy and automotive industry in particular.
Response: We appreciate the commenters concern and attention to CO2 emissions and economic impact of regulatory actions. However, CO2
related issues, including the economic impact of CO2 regulation on the automotive industry, are beyond the scope of our current action explained above. The NNSR and emission statement rules requirements are implemented for the control of ozone and apply to NOX and VOCs as these pollutants are precursors to ozone formation. These Clean Air Act requirements do not apply to CO2
emissions. We refer the commenter to
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