Texas, Beaumont/Port Arthur Area Ozone Attainment Demonstration Summary

Purpose of Plan:  To bring the Beaumont/Port Arthur (BPA) Area Ozone Non-attainment area into attainment for the Ozone national ambient air quality standards (NAAQS)


Area Covered: Beaumont/Port Arthur Area which consist of Hardin, Jefferson, and Orange counties in Texas


Type of Pollutant: Ozone (O3)


Status of Texas SIP in U.S. Code of Federal Regulations (CFR):

      The status of all State Implementation Plans (SIPs) is given in the U.S. Code of Federal Regulations (CFR), Title 40, Part 52 (40 CFR 52), Approval and Promulgation of Implementation Plans.  Revisions to State SIPs are published in the Federal Register (FR).

      The status of the Texas SIP is given in 40 CFR Part 52, Subpart SS, Sections 52.2270 to 52.2309.  Until July 7, 1999, Section 52.2270, Identification of plan, was used to identify revisions to the Texas SIP.  On July 7, 1999 (64 FR 36586), EPA moved the Identification-of-plan paragraphs in 52.2270 to a new 52.2299 and replaced the paragraphs in 52.2270 with a list of the elements in Texas SIP.  The purpose of this action was to more clearly identify the provisions that constitute the enforceable elements of the Texas SIP.  None of the other sections in Subpart SS were affected by the July 7, 1999, Federal Register action.  See the Texas SIP Map record in the Region 6 SIP Regulations web site for more information.  The "TXc" and "TXd" numbers used in this summary are cross-references with the Identification-of-plan numbers shown in the Texas SIP Map record.

      The attainment status designation for each NAAQS pollutant for each area in each State is given in 40 CFR Part 81, Subpart C.  The Texas designations are listed in tables in Section 81.344.


Background of Texas Beaumont/Port Arthur Ozone Attainment Plan:

      The Federal Clean Air Act as amended in 1990 (the Act), authorizes the EPA to designate areas as nonattainment and to classify them according to degree of severity.  Classification, in turn, triggers a set of control requirements designed to bring areas into attainment by their specified attainment dates.

      The Beaumont-Port Arthur Area originally was classified as a serious ozone nonattainment area on November 6, 1991 (56 FR 56694).  The Area’s classification was corrected to a moderate nonattainment area on April 2, 1996 (61 FR 14496).

      Section 182 of the Act requires all ozone nonattainment areas classified as moderate and above to submit to EPA an attainment demonstration or plan that will bring the area into attainment for the ozone NAAQS.  In addition to the attainment demonstration, the area must submit an associated motor vehicle emissions budget (MVEB), a failure-to-attain contingency measures plan, and demonstrate the area is implementing all RACM.  EPA cannot approve an attainment demonstration unless it has approved all of the measures relied upon to show attainment.  Moreover, an area must meet its classification’s statutory requirements.


Beaumont/Port Arthur Attainment Demonstration SIP

      The Beaumont/Port Arthur Attainment Demonstration SIP revision was adopted by the State on October 27, 1999 and submitted to EPA under a cover letter from the Governor dated November 12, 1999. This submittal was termed by
the State as "Phase I".  The State submitted a revision to their SIP dated April 25, 2000, as "Phase II".  Texas also submitted a transportation demonstration and a request, under EPA’s Transport Policy, to extend the attainment date to November 15, 2007, the same date as the Houston nonattainment area, due to transport from the Houston area. EPA proposed approval and to extend the attainment date in a notice of proposed rulemaking (NPR) published on December 27, 2000 (65 FR 81786).

      The November 12, 1999, submission from the Governor of Texas included the following, as well as a transport demonstration and a request to extend the attainment date to 2007:
    A. Regulations and associated documentation for the control of VOC emissions from batch process operations and industrial wastewater treatment processes, intended to fulfill the remaining VOC RACT requirements of section 182(b)(2) of the Act for the Beaumont/Port Arthur moderate nonattainment area;
    B. A regulation and associated documentation for the control of NOx emissions from lean burn engines, intended to meet the remaining NOx RACT requirements of section 182(b)(2) of the Act for the Beaumont/Port Arthur moderate nonattainment area;
    C. Photochemical Modeling demonstration and its accompanying control strategy to bring the Beaumont/Port Arthur area into attainment of the one-hour ozone standard as expeditiously as practicable, but no later than 2007;
    D. 2007 motor vehicle emissions budgets for transportation conformity;
    E. Emissions growth estimates and an emissions inventory; and,
    F. An enforceable commitment to submit additional rules to us in accordance with its modeled control strategy. (This was accomplished with the April 25, 2000, submittal -- see below)

      The  April 25, 2000, submission from the Governor of Texas, included the following, as well as a RACM analysis:
    A. Beyond RACT NOx emissions specifications in the Beaumont/Port Arthur
area for electric utility boilers, industrial, commercial or institutional boilers, and certain process heaters, relied upon for attainment in the Beaumont/Port Arthur area;
    B. Additional regional rules and orders relied upon for demonstrating attainment in the Beaumont/Port Arthur area;
    C. A Revised Photochemical Modeling demonstration and emissions growth estimates with a revised MVEB; and,
    D. An enforceable commitment to perform a mid-course review with submittal to the EPA by May 1, 2004.

Beaumont/Port Arthur Area Attainment Plan Emission Control Strategies

      The Beaumont/Port Arthur Area Attainment Demonstration approved by EPA May 15, 2001 (66 FR 26913, TXd19) relies on a combination of Federal measures, CAA statutory requirements, Regional measures, local controls in the Beaumont/Port Arthur area, and projections of the level of control in the Houston/Galveston  area based on enforceable commitments in the November 1999 SIP for the Houston/Galveston  area.  Information about these control measures is given on pages 81795 to 81796 of the proposed rule published December 27, 2000 (65 FR 81789) and summarized in the May 15, 2001 final rule on page 66 FR 26915.

* Federal Measures:

** On-road mobile sources:
*** Heavy-duty diesel standards.
*** Federal motor vehicle control program.
*** National low emission vehicles standards.
*** Federal low sulfur gasoline.
*** Tier II vehicle emission standards.

** Off-road mobile sources:
*** Heavy duty diesel standards.
*** Locomotive standards.
*** Compression ignition standards for vehicles and equipment.
*** Spark ignition standards for vehicles and equipment.
*** Commercial marine vessel standards.
*** Recreational marine standards.

* CAA Statutory Requirements:
** Phase II reformulated gasoline in the eight county Houston/Galveston nonattainment area
*  Texas motorists' choice inspection and maintenance (I/M) program in Harris county

* State/Regional Measures:
** Agreed orders with Alcoa, Inc. (formerly Aluminum Company of America) for their Milam facility, and the Eastman Chemical Company, Texas operations, for their facility near Longview, Texas.
** 50% Reductions at EGFs in Central and Eastern Texas.
** Low Reid Vapor Pressure (RVP) Gasoline in Eastern and Central Texas.
** Stage I vapor recovery at gas stations in Eastern and Central Texas.
** Water Heaters Rule in all of the State.

* Local Measures:
** Rich-Burn Internal Combustion Engines.
** Lean-Burn Internal Combustion Engines.
** Industrial/Utility Boilers.
** Process Heaters.
** Gas Turbines.
** Electric Utility Boilers (five electric utility power boilers in Beaumont/Port Arthur Area).
    For the above local measures, emission limits were assigned to categories of combustion units of the categories and sizes.  The intent of the State's rules is to reduce NOx emissions from major stationary sources in the Beaumont/Port Arthur ozone nonattainment area.

* Houston Measures:
** The Beaumont/Port Arthur attainment plan control measures rely on substantial emission reductions in the Houston/Galveston area in their November 1999 SIP submission.  These reductions included expanded inspection/maintenance program, 90% point source reductions, and fuels measures


Federal Register actions approving the Beaumont/Port Arthur Attainment Demonstration

      At the end of this summary is a list of all Federal Register actions published since 1990 affecting the Beaumont/Port Arthur ozone nonattainment area and Texas ozone nonattainment areas in general.  The discussions below are just for the Federal Register actions approving revisions required by the Beaumont/Port Arthur Attainment Plan.

      On October 26, 2000 (65 FR 64148, d12, 7-17), EPA approved the following revisions to TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds, adopted by the State April 19, 2000:  State-wide NOx rules for Water Heaters, Small Boilers, and Process Heaters (30 TAC sections 117.460, 117.461, 117.463, 117.465, 117.467, 117.469); revised emission specifications in the Beaumont/Port Arthur area for Electric Utility Boilers, Industrial, Commercial or Institutional Boilers and certain Process Heaters (30 TAC sections 117.104, 117.106, 117.108, 117.116, 117.206 as they relate to the Beaumont/Port Arthur area, and the repeal of sections 117.109 and 117.601 as they relate to the Beaumont/Port Arthur area); and the administrative revisions to the existing Texas NOx SIP (30 TAC sections 117.101-117.121, 117.201-117.223, 117.510, 117.520, and 117.570).  The October 26, 2000 Federal Register action also approved two Agreed Orders entered into by the Texas Natural Resource Conservation Commission (TNRCC) and Alcoa, Inc. and TNRCC and Texas Eastman.

      The EPA approved on December 20, 2000 (65 FR 79745, TXd14) Stage I vapor recovery Program in East and Central Texas (30 TAC sections 115.222 - 114.229) adopted by the State on June 30, 1999 (5-62) and VOC rules as RACT for batch processing (30 TAC sections 115.160 - 115.169) and wastewater (30 TAC sections 115.140-115.149) adopted by the State on October 27, 1999 (5-65).

      On December 27, 2000 (65 FR 81786) EPA published a proposed rule proposing to approve the Texas 1-hour ozone attainment demonstration SIP for the Beaumont/Port Arthur (BPA) moderate ozone nonattainment area submitted by the State November 12, 1999, and April 25, 2000, that demonstrated attainment by November 15, 2007.

      On March 16, 2001 (66 FR 15195, TXd16), EPA approved Texas NOx rules for Electric Generating Facilities in East and Central Texas (30 TAC sections 117.131, 117.133, 117.134, 117.135, 117.138, 117.141, 117.143, 117.145, 117.147, 117.149, 117.512) adopted by the State April 19, 2000 (7-17).

      On April 26, 2001 (66 FR 20927, TXd18), EPA approved the Texas Lower Reed Vapor Pressure (RVP) Program in East and Central Texas (30 TAC sections 114.1, 114.301, 114.302, and 114.304-114.309) as adopted by the State April 5, 2001 (4-39).

      On May 15, 2001 (66 FR 26913, TXd19), EPA published a final rule  approving the Texas 1-hour ozone attainment demonstration SIP for the Beaumont/Port Arthur moderate ozone nonattainment area addressed in the State  submittals dated November 12, 1999 and April 25, 2000. In approving the attainment demonstration, EPA: Extended the ozone attainment date for the BPA ozone nonattainment area to November 15, 2007 while retaining the area's current classification as a moderate ozone nonattainment area; approved the State's enforceable commitment to perform a mid-course review and submit a SIP revision to the EPA by May 1, 2004; found that the BPA area was implementing all Reasonably Available Control Measures (RACM); and approved the motor vehicle emissions budgets (MVEB).  EPA also made a finding that the area met the Reasonably Available Control Technology (RACT) requirements for major sources of volatile organic compounds (VOC) emissions. The documents approved are listed in 40 CFR 52.2270(e) in the table entitled "EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP."


SUMMARY OF BEAUMONT/PORT ARTHUR AREA’s MODERATE CLASSIFICATION REQUIREMENTS

A.  New Source Review for VOC and NOx in the Beaumont/Port Arthur Ozone Non-attainment area.

30 TAC Chapter 116, Section 116.150, New Major Source or Major Modification in Ozone Nonattainment Areas, as adopted by the State February 24, 1999, was approved by EPA July 17, 2000 (65 FR 43986, TXd08).

B.  Reasonably Available Control Technology (RACT) for VOC and NOx in the BPA Area.
Revisions to 30 TAC Chapter 115 (Reg 5), Control of Air Pollution from Volatile Organic Compounds, and Chapter 117 (Reg 7) - Control of Air Pollution from Nitrogen Compounds

C.  Fifteen percent Rate-Of-Progress (15% ROP) plan for VOC through 1996 and Contingency Measures Plan in the BPA Area.

      A summary of the SIP-approved Fifteen Percent Rate-of-Progress (15% ROP) plan, the 1990 baseline emissions inventory, and the contingency plan for the Beaumont/Port Arthur Area ozone nonattainment area is given in the Texas Beaumont/Port Arthur 15% Rate-of-Progress Plan Summary document in this directory.

D.  1990 baseline emissions inventory for VOC and Nox in the BPA Area.

EPA approved on November 8, 1994 (59 FR 55589) the 1990 base year emission inventories for the Beaumont/Port Arthur (BPA) ozone nonattainment area submitted November 17, 1992.  On February 10, 1998 (63 FR 06659, TXc107) EPA approved at 52.2309(d) the 1990 base year emissions inventory submitted by the State August 9, 1996, for the Beaumont/Port Arthur Area.  

E.  Periodic emissions inventory and source emission statement regulations.

      On August 26, 1994 (59 FR 44036, TXc82), EPA approved a revision to the Texas SIP to include revisions to the Texas Emission Inventory Requirements rules in TAC Chapter 101, General Rules, Section 101.10.  The purpose of this revision was to implement an emission statement program for stationary sources within the ozone nonattainment areas.

F.  Vehicle inspection and maintenance (I/M)program.

As stated earlier in this document, I/M is not required for the Beaumont/Port Arthur area because the Federal I/M Flexibility Amendments of 1995 determined that urbanized areas with  populations less than 200,000 for 1990 (such as Beaumont/Port Arthur) are not mandated to participate in the I/M program (60 FR 48033, September 18, 1995).

G.  Beaumont/Port Arthur Area 2007 Attainment Motor Vehicle Emissions Budgets

      The emission budgets shown in the table below were approved by EPA May 15, 2001 (66 FR 26913, TXd19).

 Beaumont/Port Arthur Area 2007 Attainment Motor Vehicle Emissions Budgets
               Source:  66 FR 26915 (May 15, 2001), Table 1
________________________________________________________________________
                                                              2007 tons/
                         Pollutant                               day
________________________________________________________________________
VOC........................................................        17.22
NOx........................................................        29.94
________________________________________________________________________


H.  Other measures approved by EPA May 15, 2001 (66 FR 26913, TXd19) and listed in the table in 40 CFR 52.2270(e) entitled
                                       
*  Attainment Demonstration for the 1-hour Ozone NAAQS.

*  Ozone Attainment Date Extension to 11/15/07 and Transport Demonstration.          
*  Commitment by Texas to perform a mid-course review and submit a SIP revision by 05/01/04.

*  Finding that Beaumont/Port Arthur area meets VOC RACT requirements as of 5/15/01.
 
* Finding that Beaumont/Port Arthur area implemented all RACM.


TEXAS STATE AIR QUALITY CONTROL REGULATIONS (30 TAC) APPROVED BY EPA FOR THE BEAUMONT/PORT ARTHUR AREA OZONE NONATTAINMENT AREA AND TEXAS OZONE NONATTAINMENT AREAS IN GENERAL. 

The regulations or revisions to the regulations listed below were approved as part of the Beaumont/Port Arthur 15% ROP or attainment plans or Texas general plans for ozone nonattainment areas.  Several revisions were approved to some of these regulations.  The current SIP-approved regulations are available for public inspection in the Region 6 SIP Regulations web site.

Chapter 101(General Rules) - General Air Quality Rules
  Subchapter A : General Rules
  § 101.01.  Definitions
  § 101.10.  Emission Inventory Requirements
  § 101.30.  Conformity of General Federal Actions to State Implementation Plans.

Chapter 114 (Reg 4) - Control of Air Pollution from Motor Vehicles
  Subchapter A : Definitions
  § 114.1.  Definitions.
  Subchapter G : Transportation Planning
  § 114.260.  Transportation Conformity.
  § 114.270.  Transportation Control Measures
  Subchapter H : Low Emission Fuels
  §§ 114.301-114.309.  Gasoline Volatility
  §§ 114.312-114.319.  Low Emission Diesel

Chapter 115 (Reg 5) - Control of Air Pollution from Volatile Organic Compounds
  Subchapter A : Definitions
  § 115.010.  Definitions
  Subchapter B : General Volatile Organic Compound Sources
  §§ 115.112-115.119:  STORAGE OF VOLATILE ORGANIC COMPOUNDS
  §§ 115.121-115.129:  VENT GAS CONTROL
  §§ 115.131-115.139:  WATER SEPARATION
  §§ 115.140-115.149:  INDUSTRIAL WASTEWATER
  §§ 115.160-115.169:  BATCH PROCESSES
  Subchapter C : Volatile Organic Compound Transfer Operations
  §§ 115.211-115.219:  LOADING AND UNLOADING OF VOLATILE ORGANIC COMPOUNDS
  §§ 115.221-115.229:  FILLING OF GASOLINE STORAGE VESSELS (STAGE I) FOR MOTOR VEHICLE FUEL DISPENSING FACILITIES
  §§ 115.234-115.239:  CONTROL OF VOLATILE ORGANIC COMPOUND LEAKS FROM TRANSPORT VESSELS
  §§ 115.241-115.249:  CONTROL OF VEHICLE REFUELING EMISSIONS (STAGE II) AT MOTOR VEHICLE FUEL DISPENSING FACILITIES
  §§ 115.252-115.259:  CONTROL OF REID VAPOR PRESSURE OF GASOLINE
  Subchapter D : Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
  §§ 115.311-115.316:  PROCESS UNIT TURNAROUND AND VACUUM-PRODUCING SYSTEMS IN PETROLEUM REFINERIES
  §§ 115.352-115.359:  FUGITIVE EMISSION CONTROL IN PETROLEUM REFINING AND PETROCHEMICAL PROCESSES
  Subchapter E : Solvent-Using Processes
  §§ 115.412-115.419:  DEGREASING AND CLEAN-UP PROCESSES
  §§ 115.420-115.429:  SURFACE COATING PROCESSES
  §§ 115.432-115.439:  GRAPHIC ARTS (PRINTING) BY ROTOGRAVURE AND FLEXOGRAPHIC PROCESSES
  Subchapter F : Miscellaneous Industrial Sources
  §§ 115.512-115.519:  CUTBACK ASPHALT
  §§ 115.531-115.539:  PHARMACEUTICAL MANUFACTURING FACILITIES
  §§ 115.541-115.549:  DEGASSING OR CLEANING OF STATIONARY, MARINE, AND TRANSPORT VESSELS
  §§ 115.552-115.559:  PETROLEUM DRY CLEANING SYSTEMS
  Subchapter J : Administrative Provisions
  §§ 115.901-115.916:  ALTERNATE MEANS OF CONTROL

Chapter 116 (Reg 6) - Control of Air Pollution by Permits for New Construction or Modification
  Subchapter B : New Source Review Permits
  Division 5 : NONATTAINMENT REVIEW
  § 116.150.  New Major Source or Major Modification in Ozone Nonattainment Areas.

Chapter 117 (Reg 7) - Control of Air Pollution from Nitrogen Compounds
  Subchapter A : Definitions
  § 117.10.  Definitions
  Subchapter B : Combustion at Existing Major Sources
  §§ 117.101-117.121:  UTILITY ELECTRIC GENERATION IN OZONE NONATTAINMENT AREAS
  §§ 117.131-117.149:  UTILITY ELECTRIC GENERATION IN EAST AND CENTRAL TEXAS
  §§ 117.201-117.223:  INDUSTRIAL, COMMERCIAL, INSTITUTIONAL, COMBUSTION SOURCES IN OZONE NONATTAINMENT AREAS
  Subchapter C : Acid Manufacturing
  §§ 117.301-117.321:  ADIPIC ACID MANUFACTURING
  §§ 117.401-117.421:  NITRIC ACID MANUFACTURING OZONE NONATTAINMENT AREAS
  Subchapter D : Small Combustion Sources
  §§117.460-117.469:  WATER HEATERS, SMALL BOILERS, AND PROCESS HEATERS
  Subchapter E : Administrative Provisions
  § 117.510.  Compliance Schedule For Utility Electric Generation in Ozone Nonattainment Areas.
  § 117.512.  Compliance Schedule For Utility Electric Generation in East and Central Texas
  § 117.520.  Compliance Schedule For Commercial, Institutional, and Industrial Combustion Sources in Ozone Nonattainment Areas.
  § 117.530.  Compliance Schedule For Nitric Acid and Adipic Acid Manufacturing Sources.
  § 117.534.  Compliance Schedule for Boilers, Process Heaters, and Stationary Engines at Minor  Sources.
  § 117.540.  Phased Reasonably Available Control Technology (RACT)
  § 117.570.  Use of Emissions Credits for Compliance.

**********************end list of regulations******************************


FEDERAL REGISTER ACTIONS PUBLISHED SINCE 1990 AFFECTING THE BEAUMONT/PORT ARTHUR OZONE NONATTAINMENT AREA
 

EPA Region 6 Contact:

     Bill Deese at 214-665-7253 or deese.william@epa.gov

This SIP Citation Was Last Modified on: 11/17/2003