Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions To Control Volatile Organic Compound Emissions, 15769-15774 [05-6196]
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
who has been authorized by the Captain
of the Port to act on his behalf.
(d) Effective period. This section is
effective from March 22, 2005 until June
30, 2005.
Dated: March 22, 2005.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the
Port Philadelphia.
[FR Doc. 05–6142 Filed 3–28–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0008; FRL–7890–4]
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions To Control Volatile Organic
Compound Emissions
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
I
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. From March 22, 2005 until June 30,
2005, add temporary § 165.T05–007 to
read as follows:
I
§ 165.T05–007
River.
Safety zone; Delaware
(a) Location. The following area is a
temporary safety zone: All waters of the
Delaware River from the Commodore
Barry Bridge to the Benjamin Franklin
Bridge, shoreline to shoreline.
(b) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) All persons transiting through the
safety zone must minimize wake as to
not affect clean up operations.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16. The Captain of the Port can be
contacted at (215) 271–4807.
(3) The Captain of the Port will notify
the public of any changes in the status
of this safety zone by Marine Safety
Radio Broadcast on VHF–FM marine
band radio, channel 22 (157.1 MHZ).
(c) Definitions.
Captain of the Port means the
Commanding Officer of the Coast Guard
Marine Safety Office/Group
Philadelphia or any Coast Guard
commissioned warrant or petty officer
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Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve Texas State
Implementation Plan (SIP) revisions.
The revisions pertain to regulations to
control volatile organic compound
(VOC) emissions from solvent
degreasing processes, cutback asphalt,
and motor vehicle fuel dispensing
facilities. The revisions are consistent
with requirements for Reasonably
Available Control Technology (RACT)
and also expand the coverage to the
Early Action Compact (EAC) areas of
Austin-San Marcos and San Antonio.
We are approving the revisions pursuant
to sections 110, 116 and part D of the
Federal Clean Air Act (CAA). The
control of VOC emissions will help to
attain and maintain the national
ambient air quality standards (NAAQS)
for ozone in Texas. This approval will
make the revised regulations Federally
enforceable.
This rule is effective on May 31,
2005 without further notice, unless EPA
receives relevant adverse comment by
April 28, 2005. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Regional Materials in
EDocket (RME) ID No. R06–OAR–2005–
TX–0008, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
DATES:
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• Agency Web site: https://
docket.epa.gov/rmepub/. Regional
Materials 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
online instructions for submitting
comments.
• EPA Region 6 ‘‘Contact Us’’ web
site: https://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 send
a copy by email to 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
RME ID No. R06-OAR–2005–TX–0008.
EPA’s policy is that all comments
received will be included in the public
file without change and may be made
available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through Regional Materials in EDocket
(RME), regulations.gov or e-mail if you
believe that it is CBI or otherwise
protected from disclosure. The EPA
RME Web site and the Federal
regulations.gov Web site 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
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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 and any form of
encryption, and should be free of any
defects or viruses.
Docket: All documents in the
electronic docket are listed in the
Regional Materials in EDocket (RME)
index at https://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 materials relevant to
this rulemaking 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
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Carl
Young, Air Planning Section (6PD–L),
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
214–665–6645; fax number 214–665–
7263; e-mail address
young.carl@epa.gov.
SUPPLEMENTARY INFORMATION
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
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Outline
I. What Is a SIP?
II. What Revisions Were Made to the Texas
SIP?
III. What Action Is EPA Taking?
IV. What Is the Effect of This Action?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Is a SIP?
Section 110 of the CAA requires states
to develop air pollution regulations and
control strategies to ensure that state air
quality meets the NAAQS established
by EPA. These ambient standards are
established under section 109 of the
CAA, and they currently address six
criteria pollutants. These pollutants are:
carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide.
Each state which contains areas that
are not attaining the NAAQS, must
submit these regulations and control
strategies to us for approval and
incorporation into the federallyenforceable SIP.
Each federally-approved SIP protects
air quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
II. What Revisions Were Made to the
Texas SIP?
Revisions made to the SIP amended
existing requirements and added new
requirements to control VOC emissions.
The revisions also made a variety of
changes which (1) clarify and add
flexibility to existing requirements, (2)
correct technical and typographical
errors, (3) update references to terms
and cross references, and (4) delete
redundant language and language made
obsolete by the passing of compliance
dates.
The revisions added new
requirements to control VOC emissions
in the Austin-San Marcos and San
Antonio EAC areas (30 TAC 115.227).
The Austin-San Marcos EAC area
includes Bastrop, Caldwell, Hays, Travis
and Williamson Counties. The San
Antonio EAC area includes Bexar,
Comal, Guadalupe and Wilson Counties.
Motor vehicle fuel dispensing facilities
in these areas must meet gasoline vapor
recovery control requirements no later
than December 31, 2005. For these areas
the exemption level for facilities subject
to gasoline vapor recovery controls was
lowered from those dispensing less than
125,000 gallons of gasoline to those
dispensing less than 25,000 gallons in a
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month. Under these requirements the
vapors from the gasoline station storage
tanks must be captured as tank-trucks
fill these tanks and the vapors returned
to the tank-truck. This is commonly
known as Stage I vapor recovery. The
tank-truck then carries the vapors back
to the bulk gasoline plant or terminal.
To insure the vapors are not lost in
transit, the Texas rules also include
requirements that the gasoline tanktrucks be tested for vapor tightness.
Motor vehicle fuel dispensing
facilities in the Beaumont-Port Arthur,
Dallas-Fort Worth, El Paso, and
Houston-Galveston areas are subject to
new requirements (30 TAC 115.242).
The counties in these areas are Brazoria,
Chambers, Collin, Dallas, Denton, El
Paso, Fort Bend, Galveston, Harris,
Hardin, Jefferson, Liberty, Montgomery,
Orange, Tarrant, and Waller. Facilities
in these counties that dispense 10,000
gallons of fuel or more per month are
required to operate Stage II gasoline
vapor recovery systems. Stage II
gasoline vapor recovery systems control
VOC vapor releases during the refueling
of motor vehicles. This process takes the
vapors normally emitted directly into
the atmosphere when pumping gas and
recycles them back into the fuel storage
tanks, preventing them from polluting
the air. The revisions updated
regulations that ensure that, where
required, gasoline vapor recovery
systems maintain a recovery rate of 95%
or greater. Beginning April 1, 2005 new
Stage II systems must be compatible
with onboard refueling vapor recovery
(ORVR) equipment required on newer
vehicles. Existing Stage II systems must
be upgraded to an ORVR compatible
system no later than April 1, 2007. This
should decrease the amount of excess
emissions caused by incompatibility
between ORVR and Stage II recovery
systems. Testing of Stage II recovery
systems was increased from a five-year
requirement to a one-year requirement,
with the exception of the vapor space
manifold test and the dynamic back
pressure test, which are required every
three years. The Texas SIP was also
revised to remove language that could
potentially provide a Stage I exemption
for a facility that is required to have
Stage II vapor recovery (30 TAC 227).
All Stage II vapor recovery systems must
include Stage I vapor recovery in order
to operate properly.
Existing facilities in the San Antonio
and Austin Early EAC areas that employ
solvent using processes for cleaning and
degreasing are required to implement
VOC controls no later than December
31, 2005 (30 TAC 115 sections 412, 416,
415–417, and 419). These controls were
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already required for new facilities in the
State.
Testing methods used to determine
compliance for Texas facilities subject
to requirements for solvent degreasing
were expanded to allow use of
additional test methods provided the
method was validated by EPA Test
Method 301 found in 40 CFR 63,
Appendix A (30 TAC 115.415(3)). These
methods are used to measure vapor
pressure, flow rates, and gaseous
emissions for solvent degreasing
processes. The regulations apply to
operations that use solvent degreasing
processes in the Beaumont-Port Arthur,
Dallas-Fort Worth, El Paso, HoustonGalveston 1-hour ozone nonattainment
areas, the Austin-San Marcos and San
Antonio EAC areas, and Gregg, Nueces
and Victoria Counties. The Austin-San
Marcos and San Antonio EAC areas
were added in these submitted
revisions. The revisions also add a
minor recordkeeping requirement
necessary to determine whether solvent
degreasing operations in Gregg, Nueces,
and Victoria Counties are exempt from
VOC controls (30 TAC 115.416(3)). This
requirement states that the operator
must keep records in sufficient detail to
document compliance with the
exemption cutoff limit of 550 pounds of
VOC emissions in any consecutive 24hour period.
The revisions added new
requirements for using cutback asphalt
in the Austin EAC area. Cutback asphalt
consists of asphalt cement blended with
a petroleum solvent. The requirements
were already in place for the BeaumontPort Arthur, Dallas-Fort Worth, El Paso
and Houston-Galveston areas (30 TAC
115 sections 512, 516, 517, and 519).
The requirements state that (1) the use
of conventional cutback asphalt
containing VOC solvents for the paving
of roadways, driveways, or parking lots
is restricted to no more than 7.0% of the
total annual volume averaged over a
two-year period of asphalt used by or
specified for use by any state,
municipal, or county agency who uses
or specifies the type of asphalt
application; and (2) the use, application,
sale, or offering for sale of conventional
cutback asphalt containing VOC
solvents for paving roadways,
driveways, or parking lots is prohibited
during the period from April 16 to
September 15 of any year.
III. What Action Is EPA Taking?
EPA is taking direct final action to
approve revisions to the Texas ozone
SIP (Texas SIP) that pertain to
regulations which control VOC
emissions in Texas. The revisions were
adopted by the State of Texas and
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submitted to EPA on (1) September 7,
2001, (2) November 14, 2002, (3)
January 28, 2003, and (4) December 6,
2004.
The revisions submitted to EPA on
September 7, 2001 that are being
approved pertain to control of VOC
emissions from degreasing processes
and cutback asphalt. The EPA
previously approved rules for
degreasing and cutback asphalt into the
Texas SIP as meeting RACT
requirements for the Beaumont-Port
Arthur, Dallas-Fort Worth, El Paso,
Houston-Galveston, and Victoria 1-hour
ozone nonattainment areas on March 7,
1995 (60 FR 12438). The submitted
revisions amended §§ 115.412, 115.413,
115.415, 115.416, 115.417, 115.419,
115.512, 115.517, and 115.519 in 30
TAC Chapter 115, Control of Air
Pollution from Volatile Organic
Compounds. The revisions made a
variety of changes which clarify and add
flexibility to existing requirements,
correct technical and typographical
errors, update references to terms, and
delete redundant language and language
made obsolete by the passing of
compliance dates. The revisions expand
testing methods used to determine
compliance for Texas facilities subject
to requirements for solvent degreasing.
The revisions also add a minor
recordkeeping requirement necessary to
determine whether degreasing
operations in Gregg, Nueces, and
Victoria Counties are exempt from VOC
controls (30 TAC 115.416(3)). EPA is
approving these revisions under part D
of the Act because they improve the SIPapproved rules and they are consistent
with the RACT requirements and
guidance for ozone nonattainment areas.
Other revisions submitted to EPA on
September 7, 2001 will be addressed in
another Federal Register action. See our
Technical Support Document (TSD) for
more information.
The revisions submitted to EPA on
November 14, 2002 that are being
approved pertain to the control of
gasoline vapors from refueling of motor
vehicles, Stage II, in the Beaumont-Port
Arthur, Dallas-Fort Worth, El Paso, and
Houston 1-hour ozone nonattainment
areas. The EPA previously approved the
Stage II rules for the four 1-hour ozone
nonattainment areas on April 15, 1994
(59 FR 17940). The submitted revisions
amended §§ 115.227, and 115.240–
115.249 in 30 TAC 115. The revisions
ensure that gasoline vapor recovery
systems maintain a recovery rate of 95%
or greater and make new Stage II
systems compatible with onboard
refueling vapor recovery (ORVR)
equipment required on newer vehicles,
beginning April 1, 2005. This should
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decrease the amount of excess emissions
caused by incompatibility between
ORVR and Stage II recovery systems.
The revisions also removed language
that could potentially provide a Stage I
exemption for a facility that is required
to have Stage II vapor recovery. EPA is
approving these Stage II revisions under
part D of the Act because they improve
the SIP-approved rules and they are
consistent with the Stage II
requirements and guidance for ozone
nonattainment areas.
The revisions submitted to EPA on
January 28, 2003 that are being
approved pertain to the control of VOC
emissions from (1) filling of gasoline
storage vessels for motor vehicle fuel
dispensing facilities, Stage I, and (2)
leaks from the gasoline tank trucks as
they return to the bulk gasoline plant or
terminal. Under the 1990 Amendments,
the EPA approved revised Texas Stage
I rules into the Texas SIP for the
Houston-Galveston, Dallas-Fort Worth,
El Paso, and Beaumont-Port Arthur 1hour ozone nonattainment areas on
March 7, 1995 (60 FR 12438). The EPA
approved revisions to these rules
covering the eastern half of the State of
Texas on December 20, 2000 (65 FR
79745) under part D of the Act because
Texas relied upon these VOC reductions
to demonstrate attainment of the 1-hour
ozone standard in the Beaumont-Port
Arthur, Dallas-Fort Worth, and HoustonGalveston areas. We also approved them
under section 110 and 116 because
Texas relied upon these rules for the
continued maintenance of the standard
in the eastern half of the State of Texas
and as a strengthening of the Texas SIP.
The submitted revisions amended
§§ 115.229, 115.239, in 30 TAC 115. The
revisions made a variety of changes
which clarify existing requirements,
update cross references and delete
language made obsolete by the passing
of compliance dates. We are approving
these revisions under part D and
sections 110 and 116 because they
improve the SIP-approved rules and
they are consistent with the
requirements and guidance. Other
revisions submitted to EPA on January
28, 2003 will be addressed in another
Federal Register action. See our TSD for
more information.
The revisions submitted to EPA on
December 6, 2004 that are being
approved pertain to the control of VOC
emissions in Austin-San Marcos and
San Antonio EAC areas. An EAC is a
voluntary plan to meet the national 8hour ambient air quality ozone standard
for an area that is approaching or
monitoring exceedances of the standard.
The Austin-San Marcos EAC area
includes Bastrop, Caldwell, Hays, Travis
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and Williamson Counties. The San
Antonio EAC area includes Bexar,
Comal, Guadalupe and Wilson Counties.
The submitted revisions amended
§§ 115.227, 115.229, 115.412, 115.413,
115.415–115.417, 115.419, 115.512,
115.516, 115.517, and 115.519 in 30
TAC 115. These revisions lowered the
applicability threshold for Stage I and
added the degreasing VOC requirements
in the two areas, and added the cutback
asphalt VOC requirements in the Austin
EAC area.
IV. What Is the Effect of This Action?
This action approves revisions to the
Texas SIP that pertain to regulations to
control VOC emissions. This approval
will make these revised regulations
federally enforceable. Enforcement of
the regulations in a State SIP before and
after it is incorporated into the federally
approved SIP is primarily a state
responsibility. However, after the
regulations are federally approved, we
are authorized to take enforcement
action against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the CAA.
V. Final Action
EPA is approving revisions to the
Texas SIP pertaining to control of VOC
emissions. The revisions were
submitted to EPA by the State of Texas
on (1) September 7, 2001, (2) November
14, 2002, (3) January 28, 2003 and (4)
December 6, 2004. The revisions being
approved are §§ 115.227, 115.229,
115.239–115.249, 115.412, 115.413,
115.415–115.417, 115.419, 115.512,
115.516, 115.517, and 115.519 in 30
TAC Chapter 115, Control of Air
Pollution from Volatile Organic
Compounds.
We have evaluated the State’s
submittal and have determined that it
meets the applicable requirements of the
CAA and EPA air quality regulations,
and is consistent with EPA policy.
Therefore, we are approving revisions to
the Texas SIP which revise regulations
to control VOC emissions.
EPA is publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no relevant adverse
comments. However, in the proposed
rules section of this Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the SIP revision if
relevant adverse comments are received.
This rule will be effective on May 31,
2005 without further notice unless we
receive relevant adverse comment by
April 28, 2005. If we receive relevant
adverse comments, we will publish a
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timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this 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 action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this 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 approves 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 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
approves a state rule implementing a
Federal standard, and does not alter the
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relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This 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 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.).
The Congressional Review Act, 5
U.S.C. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 31, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 18, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7402 et seq.
115.412, 115.413, 115.415, 115.416,
115.417 and 115.419;
I c. Removing the ‘‘State approval/
Submittal date’’ and ‘‘EPA approval
date’’ entries for Sections 115.227,
115.229, 115.239, 115.512, 115.516,
115.517, and 115.519 and replacing the
entries as follows:
Subpart SS—Texas
2. The table in § 52.2270(c) entitled
‘‘EPA Approved Regulations in the
Texas SIP’’ under Chapter 115 (Reg 5) is
amended as follows:
I a. Immediately following the centered
heading ‘‘Subchapter E: Solvent-Using
§ 52.2270 Identification of plan.
Processes’’ by adding a new centered
heading ‘‘Division 1: Degreasing
*
*
*
*
*
Processes’’;
(c) * * *
I b. Removing the entry ‘‘Section
115.412 to 115.419’’ in Subchapter E and
replacing it with entries for Sections
I
EPA.—APPROVED REGULATIONS IN THE TEXAS SIP
State citation
State approval/submittal date
Title/subject
EPA approval date
Explanation
*
*
*
*
*
*
Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds
*
*
*
*
*
*
*
*
Subchapter C: Volatile Organic Compound Transfer Operations
Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
*
*
*
*
*
Section 115.227 .......
Exemptions ....................................................
11/17/04 .....
Section 115.229 .......
Counties and Compliance Schedule .............
11/17/04 .....
*
*
*
*
*
*
3/29/05 [Insert FR page number where document begins].
3/29/05 [Insert FR page number where document begins].
*
*
*
Division 3: Control of Volatile Organic Compound Leaks From Transport Vessels
*
Section 115.239 .......
*
*
Counties and Compliance Schedules ...........
*
*
*
*
1/28/03 .......
*
*
*
3/29/05 [Insert FR page number where document begins].
*
*
Division 4: Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities
Section 115.240 .......
11/6/02 .......
3/29/05 [Insert FR page number where document begins].
Section 115.241 .......
Stage II Vapor Recovery Definitions and List
of California Air Resources Board Certified Stage II Equipment.
Emission Specifications ................................
11/6/02 .......
Section 115.242 .......
Control Requirements ...................................
11/6/02 .......
Section 115.243 .......
Alternate Control Requirements ....................
11/6/02 .......
Section 115.244 .......
Inspection Requirements ..............................
11/6/02 .......
Section 115.245 .......
Testing Requirements ...................................
11/6/02 .......
Section 115.246 .......
Recordkeeping Requirements .......................
11/6/02 .......
Section 115.247 .......
Exemptions ....................................................
11/6/02 .......
Section 115.248 .......
Training Requirements ..................................
11/6/02 .......
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
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*
*
15774
Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
EPA.—APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
Title/subject
State approval/submittal date
EPA approval date
Section 115.249 .......
Counties and Compliance Schedules ...........
11/6/02 .......
3/29/05 [Insert FR page number where document begins].
*
*
*
*
*
*
Explanation
*
Subchapter E: Solvent-Using Processes
Division 1: Degreasing Processes
Section 115.412 .......
Control Requirements ...................................
11/17/04 .....
Section 115.413 .......
Alternate Control Requirements ....................
11/17/04 .....
Section 115.415 .......
Testing Requirements ...................................
11/17/04 .....
Section 115.416 .......
Recordkeeping Requirements .......................
11/17/04 .....
Section 115.417 .......
Exemptions ....................................................
11/17/04 .....
Section 115.419 .......
Counties and Compliance Schedules ...........
11/17/04 .....
*
*
*
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
*
page number where docpage number where docpage number where docpage number where docpage number where docpage number where doc-
*
*
*
Subchapter F: Miscellaneous Industrial Sources
Division 1: Cutback Asphalt
Section 115.512 .......
Control Requirements ...................................
11/17/04 .....
Section 115.516 .......
Recordkeeping Requirements .......................
11/17/04 .....
Section 115.517 .......
Exemptions ....................................................
11/17/04 .....
Section 115.519 .......
Counties and Compliance Schedules ...........
11/17/04 .....
*
*
*
[FR Doc. 05–6196 Filed 3–28–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0009; FRL–7890–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC RACT
Determinations for Eleven Individual
Sources
*
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
3/29/05 [Insert FR
ument begins].
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
eleven major sources of volatile organic
compounds (VOC). These sources are
located in Pennsylvania. EPA is
approving these revisions to establish
RACT requirements in the SIP in
accordance with the Clean Air Act
(CAA).
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania’s State
Implementation Plan (SIP). The
revisions were submitted by the
ADDRESSES:
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identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
PO 00000
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*
This rule is effective on May 31,
2005, without further notice, unless
EPA receives adverse written comment
by April 28, 2005. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
page number where doc-
*
*
2005–PA–0009 by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Agency Web site: https://
www.docket.epa.gov/rmepub/ RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03–OAR–2005–PA–0009,
Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
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]]>Agencies
[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15769-15774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6196]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0008; FRL-7890-4]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions To Control Volatile Organic Compound Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve Texas State
Implementation Plan (SIP) revisions. The revisions pertain to
regulations to control volatile organic compound (VOC) emissions from
solvent degreasing processes, cutback asphalt, and motor vehicle fuel
dispensing facilities. The revisions are consistent with requirements
for Reasonably Available Control Technology (RACT) and also expand the
coverage to the Early Action Compact (EAC) areas of Austin-San Marcos
and San Antonio. We are approving the revisions pursuant to sections
110, 116 and part D of the Federal Clean Air Act (CAA). The control of
VOC emissions will help to attain and maintain the national ambient air
quality standards (NAAQS) for ozone in Texas. This approval will make
the revised regulations Federally enforceable.
DATES: This rule is effective on May 31, 2005 without further notice,
unless EPA receives relevant adverse comment by April 28, 2005. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Regional Materials in
EDocket (RME) ID No. R06-OAR-2005-TX-0008, by one of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rmepub/. Regional
Materials 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 online instructions for submitting
comments.
EPA Region 6 ``Contact Us'' web site: https://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 send a copy by email to 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 RME ID No. R06-OAR-2005-TX-
0008. EPA's policy is that all comments received will be included in
the public file without change and may be made available online at
https://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through Regional Materials in EDocket (RME), regulations.gov or e-mail
if you believe that it is CBI or otherwise protected from disclosure.
The EPA RME Web site and the Federal regulations.gov Web site 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
[[Page 15770]]
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 and any form of encryption, and should be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Materials in EDocket (RME) index at https://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 materials relevant to this
rulemaking 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 Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone 214-665-6645; fax number 214-
665-7263; e-mail address young.carl@epa.gov.
SUPPLEMENTARY INFORMATION Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. What Is a SIP?
II. What Revisions Were Made to the Texas SIP?
III. What Action Is EPA Taking?
IV. What Is the Effect of This Action?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that state air quality
meets the NAAQS established by EPA. These ambient standards are
established under section 109 of the CAA, and they currently address
six criteria pollutants. These pollutants are: carbon monoxide,
nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.
Each state which contains areas that are not attaining the NAAQS,
must submit these regulations and control strategies to us for approval
and incorporation into the federally-enforceable SIP.
Each federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
II. What Revisions Were Made to the Texas SIP?
Revisions made to the SIP amended existing requirements and added
new requirements to control VOC emissions. The revisions also made a
variety of changes which (1) clarify and add flexibility to existing
requirements, (2) correct technical and typographical errors, (3)
update references to terms and cross references, and (4) delete
redundant language and language made obsolete by the passing of
compliance dates.
The revisions added new requirements to control VOC emissions in
the Austin-San Marcos and San Antonio EAC areas (30 TAC 115.227). The
Austin-San Marcos EAC area includes Bastrop, Caldwell, Hays, Travis and
Williamson Counties. The San Antonio EAC area includes Bexar, Comal,
Guadalupe and Wilson Counties. Motor vehicle fuel dispensing facilities
in these areas must meet gasoline vapor recovery control requirements
no later than December 31, 2005. For these areas the exemption level
for facilities subject to gasoline vapor recovery controls was lowered
from those dispensing less than 125,000 gallons of gasoline to those
dispensing less than 25,000 gallons in a month. Under these
requirements the vapors from the gasoline station storage tanks must be
captured as tank-trucks fill these tanks and the vapors returned to the
tank-truck. This is commonly known as Stage I vapor recovery. The tank-
truck then carries the vapors back to the bulk gasoline plant or
terminal. To insure the vapors are not lost in transit, the Texas rules
also include requirements that the gasoline tank-trucks be tested for
vapor tightness.
Motor vehicle fuel dispensing facilities in the Beaumont-Port
Arthur, Dallas-Fort Worth, El Paso, and Houston-Galveston areas are
subject to new requirements (30 TAC 115.242). The counties in these
areas are Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort
Bend, Galveston, Harris, Hardin, Jefferson, Liberty, Montgomery,
Orange, Tarrant, and Waller. Facilities in these counties that dispense
10,000 gallons of fuel or more per month are required to operate Stage
II gasoline vapor recovery systems. Stage II gasoline vapor recovery
systems control VOC vapor releases during the refueling of motor
vehicles. This process takes the vapors normally emitted directly into
the atmosphere when pumping gas and recycles them back into the fuel
storage tanks, preventing them from polluting the air. The revisions
updated regulations that ensure that, where required, gasoline vapor
recovery systems maintain a recovery rate of 95% or greater. Beginning
April 1, 2005 new Stage II systems must be compatible with onboard
refueling vapor recovery (ORVR) equipment required on newer vehicles.
Existing Stage II systems must be upgraded to an ORVR compatible system
no later than April 1, 2007. This should decrease the amount of excess
emissions caused by incompatibility between ORVR and Stage II recovery
systems. Testing of Stage II recovery systems was increased from a
five-year requirement to a one-year requirement, with the exception of
the vapor space manifold test and the dynamic back pressure test, which
are required every three years. The Texas SIP was also revised to
remove language that could potentially provide a Stage I exemption for
a facility that is required to have Stage II vapor recovery (30 TAC
227). All Stage II vapor recovery systems must include Stage I vapor
recovery in order to operate properly.
Existing facilities in the San Antonio and Austin Early EAC areas
that employ solvent using processes for cleaning and degreasing are
required to implement VOC controls no later than December 31, 2005 (30
TAC 115 sections 412, 416, 415-417, and 419). These controls were
[[Page 15771]]
already required for new facilities in the State.
Testing methods used to determine compliance for Texas facilities
subject to requirements for solvent degreasing were expanded to allow
use of additional test methods provided the method was validated by EPA
Test Method 301 found in 40 CFR 63, Appendix A (30 TAC 115.415(3)).
These methods are used to measure vapor pressure, flow rates, and
gaseous emissions for solvent degreasing processes. The regulations
apply to operations that use solvent degreasing processes in the
Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, Houston-Galveston 1-
hour ozone nonattainment areas, the Austin-San Marcos and San Antonio
EAC areas, and Gregg, Nueces and Victoria Counties. The Austin-San
Marcos and San Antonio EAC areas were added in these submitted
revisions. The revisions also add a minor recordkeeping requirement
necessary to determine whether solvent degreasing operations in Gregg,
Nueces, and Victoria Counties are exempt from VOC controls (30 TAC
115.416(3)). This requirement states that the operator must keep
records in sufficient detail to document compliance with the exemption
cutoff limit of 550 pounds of VOC emissions in any consecutive 24-hour
period.
The revisions added new requirements for using cutback asphalt in
the Austin EAC area. Cutback asphalt consists of asphalt cement blended
with a petroleum solvent. The requirements were already in place for
the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso and Houston-
Galveston areas (30 TAC 115 sections 512, 516, 517, and 519). The
requirements state that (1) the use of conventional cutback asphalt
containing VOC solvents for the paving of roadways, driveways, or
parking lots is restricted to no more than 7.0% of the total annual
volume averaged over a two-year period of asphalt used by or specified
for use by any state, municipal, or county agency who uses or specifies
the type of asphalt application; and (2) the use, application, sale, or
offering for sale of conventional cutback asphalt containing VOC
solvents for paving roadways, driveways, or parking lots is prohibited
during the period from April 16 to September 15 of any year.
III. What Action Is EPA Taking?
EPA is taking direct final action to approve revisions to the Texas
ozone SIP (Texas SIP) that pertain to regulations which control VOC
emissions in Texas. The revisions were adopted by the State of Texas
and submitted to EPA on (1) September 7, 2001, (2) November 14, 2002,
(3) January 28, 2003, and (4) December 6, 2004.
The revisions submitted to EPA on September 7, 2001 that are being
approved pertain to control of VOC emissions from degreasing processes
and cutback asphalt. The EPA previously approved rules for degreasing
and cutback asphalt into the Texas SIP as meeting RACT requirements for
the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, Houston-
Galveston, and Victoria 1-hour ozone nonattainment areas on March 7,
1995 (60 FR 12438). The submitted revisions amended Sec. Sec. 115.412,
115.413, 115.415, 115.416, 115.417, 115.419, 115.512, 115.517, and
115.519 in 30 TAC Chapter 115, Control of Air Pollution from Volatile
Organic Compounds. The revisions made a variety of changes which
clarify and add flexibility to existing requirements, correct technical
and typographical errors, update references to terms, and delete
redundant language and language made obsolete by the passing of
compliance dates. The revisions expand testing methods used to
determine compliance for Texas facilities subject to requirements for
solvent degreasing. The revisions also add a minor recordkeeping
requirement necessary to determine whether degreasing operations in
Gregg, Nueces, and Victoria Counties are exempt from VOC controls (30
TAC 115.416(3)). EPA is approving these revisions under part D of the
Act because they improve the SIP-approved rules and they are consistent
with the RACT requirements and guidance for ozone nonattainment areas.
Other revisions submitted to EPA on September 7, 2001 will be addressed
in another Federal Register action. See our Technical Support Document
(TSD) for more information.
The revisions submitted to EPA on November 14, 2002 that are being
approved pertain to the control of gasoline vapors from refueling of
motor vehicles, Stage II, in the Beaumont-Port Arthur, Dallas-Fort
Worth, El Paso, and Houston 1-hour ozone nonattainment areas. The EPA
previously approved the Stage II rules for the four 1-hour ozone
nonattainment areas on April 15, 1994 (59 FR 17940). The submitted
revisions amended Sec. Sec. 115.227, and 115.240-115.249 in 30 TAC
115. The revisions ensure that gasoline vapor recovery systems maintain
a recovery rate of 95% or greater and make new Stage II systems
compatible with onboard refueling vapor recovery (ORVR) equipment
required on newer vehicles, beginning April 1, 2005. This should
decrease the amount of excess emissions caused by incompatibility
between ORVR and Stage II recovery systems. The revisions also removed
language that could potentially provide a Stage I exemption for a
facility that is required to have Stage II vapor recovery. EPA is
approving these Stage II revisions under part D of the Act because they
improve the SIP-approved rules and they are consistent with the Stage
II requirements and guidance for ozone nonattainment areas.
The revisions submitted to EPA on January 28, 2003 that are being
approved pertain to the control of VOC emissions from (1) filling of
gasoline storage vessels for motor vehicle fuel dispensing facilities,
Stage I, and (2) leaks from the gasoline tank trucks as they return to
the bulk gasoline plant or terminal. Under the 1990 Amendments, the EPA
approved revised Texas Stage I rules into the Texas SIP for the
Houston-Galveston, Dallas-Fort Worth, El Paso, and Beaumont-Port Arthur
1-hour ozone nonattainment areas on March 7, 1995 (60 FR 12438). The
EPA approved revisions to these rules covering the eastern half of the
State of Texas on December 20, 2000 (65 FR 79745) under part D of the
Act because Texas relied upon these VOC reductions to demonstrate
attainment of the 1-hour ozone standard in the Beaumont-Port Arthur,
Dallas-Fort Worth, and Houston-Galveston areas. We also approved them
under section 110 and 116 because Texas relied upon these rules for the
continued maintenance of the standard in the eastern half of the State
of Texas and as a strengthening of the Texas SIP. The submitted
revisions amended Sec. Sec. 115.229, 115.239, in 30 TAC 115. The
revisions made a variety of changes which clarify existing
requirements, update cross references and delete language made obsolete
by the passing of compliance dates. We are approving these revisions
under part D and sections 110 and 116 because they improve the SIP-
approved rules and they are consistent with the requirements and
guidance. Other revisions submitted to EPA on January 28, 2003 will be
addressed in another Federal Register action. See our TSD for more
information.
The revisions submitted to EPA on December 6, 2004 that are being
approved pertain to the control of VOC emissions in Austin-San Marcos
and San Antonio EAC areas. An EAC is a voluntary plan to meet the
national 8-hour ambient air quality ozone standard for an area that is
approaching or monitoring exceedances of the standard. The Austin-San
Marcos EAC area includes Bastrop, Caldwell, Hays, Travis
[[Page 15772]]
and Williamson Counties. The San Antonio EAC area includes Bexar,
Comal, Guadalupe and Wilson Counties. The submitted revisions amended
Sec. Sec. 115.227, 115.229, 115.412, 115.413, 115.415-115.417,
115.419, 115.512, 115.516, 115.517, and 115.519 in 30 TAC 115. These
revisions lowered the applicability threshold for Stage I and added the
degreasing VOC requirements in the two areas, and added the cutback
asphalt VOC requirements in the Austin EAC area.
IV. What Is the Effect of This Action?
This action approves revisions to the Texas SIP that pertain to
regulations to control VOC emissions. This approval will make these
revised regulations federally enforceable. Enforcement of the
regulations in a State SIP before and after it is incorporated into the
federally approved SIP is primarily a state responsibility. However,
after the regulations are federally approved, we are authorized to take
enforcement action against violators. Citizens are also offered legal
recourse to address violations as described in section 304 of the CAA.
V. Final Action
EPA is approving revisions to the Texas SIP pertaining to control
of VOC emissions. The revisions were submitted to EPA by the State of
Texas on (1) September 7, 2001, (2) November 14, 2002, (3) January 28,
2003 and (4) December 6, 2004. The revisions being approved are
Sec. Sec. 115.227, 115.229, 115.239-115.249, 115.412, 115.413,
115.415-115.417, 115.419, 115.512, 115.516, 115.517, and 115.519 in 30
TAC Chapter 115, Control of Air Pollution from Volatile Organic
Compounds.
We have evaluated the State's submittal and have determined that it
meets the applicable requirements of the CAA and EPA air quality
regulations, and is consistent with EPA policy. Therefore, we are
approving revisions to the Texas SIP which revise regulations to
control VOC emissions.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 31, 2005
without further notice unless we receive relevant adverse comment by
April 28, 2005. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 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 approves 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 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 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.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 31, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
[[Page 15773]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: March 18, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7402 et seq.
Subpart SS--Texas
0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' under Chapter 115 (Reg 5) is amended as follows:
0
a. Immediately following the centered heading ``Subchapter E: Solvent-
Using Processes'' by adding a new centered heading ``Division 1:
Degreasing Processes'';
0
b. Removing the entry ``Section 115.412 to 115.419'' in Subchapter E
and replacing it with entries for Sections 115.412, 115.413, 115.415,
115.416, 115.417 and 115.419;
0
c. Removing the ``State approval/Submittal date'' and ``EPA approval
date'' entries for Sections 115.227, 115.229, 115.239, 115.512,
115.516, 115.517, and 115.519 and replacing the entries as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA.--Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter C: Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
------------------------------
Section 115.227.............. Exemptions............. 11/17/04.......... 3/29/05 [Insert FR page
number where document
begins].
Section 115.229.............. Counties and Compliance 11/17/04.......... 3/29/05 [Insert FR page
Schedule. number where document
begins].
------------------------------
* * * * * * *
------------------------------
Division 3: Control of Volatile Organic Compound Leaks From Transport Vessels
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 115.239.............. Counties and Compliance 1/28/03........... 3/29/05 [Insert FR page
Schedules. number where document
begins].
------------------------------
* * * * * * *
------------------------------
Division 4: Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.240.............. Stage II Vapor Recovery 11/6/02........... 3/29/05 [Insert FR page
Definitions and List number where document
of California Air begins].
Resources Board
Certified Stage II
Equipment.
Section 115.241.............. Emission Specifications 11/6/02........... 3/29/05 [Insert FR page
number where document
begins].
Section 115.242.............. Control Requirements... 11/6/02........... 3/29/05 [Insert FR page
number where document
begins].
Section 115.243.............. Alternate Control 11/6/02........... 3/29/05 [Insert FR page
Requirements. number where document
begins].
Section 115.244.............. Inspection Requirements 11/6/02........... 3/29/05 [Insert FR page
number where document
begins].
Section 115.245.............. Testing Requirements... 11/6/02........... 3/29/05 [Insert FR page
number where document
begins].
Section 115.246.............. Recordkeeping 11/6/02........... 3/29/05 [Insert FR page
Requirements. number where document
begins].
Section 115.247.............. Exemptions............. 11/6/02........... 3/29/05 [Insert FR page
number where document
begins].
Section 115.248.............. Training Requirements.. 11/6/02........... 3/29/05 [Insert FR page
number where document
begins].
[[Page 15774]]
Section 115.249.............. Counties and Compliance 11/6/02........... 3/29/05 [Insert FR page
Schedules. number where document
begins].
------------------------------
* * * * * * *
------------------------------
Subchapter E: Solvent-Using Processes
----------------------------------------------------------------------------------------------------------------
Division 1: Degreasing Processes
----------------------------------------------------------------------------------------------------------------
Section 115.412.............. Control Requirements... 11/17/04.......... 3/29/05 [Insert FR page
number where document
begins].
Section 115.413.............. Alternate Control 11/17/04.......... 3/29/05 [Insert FR page
Requirements. number where document
begins].
Section 115.415.............. Testing Requirements... 11/17/04.......... 3/29/05 [Insert FR page
number where document
begins].
Section 115.416.............. Recordkeeping 11/17/04.......... 3/29/05 [Insert FR page
Requirements. number where document
begins].
Section 115.417.............. Exemptions............. 11/17/04.......... 3/29/05 [Insert FR page
number where document
begins].
Section 115.419.............. Counties and Compliance 11/17/04.......... 3/29/05 [Insert FR page
Schedules. number where document
begins].
------------------------------
* * * * * * *
------------------------------
Subchapter F: Miscellaneous Industrial Sources
----------------------------------------------------------------------------------------------------------------
Division 1: Cutback Asphalt
----------------------------------------------------------------------------------------------------------------
Section 115.512.............. Control Requirements... 11/17/04.......... 3/29/05 [Insert FR page
number where document
begins].
Section 115.516.............. Recordkeeping 11/17/04.......... 3/29/05 [Insert FR page
Requirements. number where document
begins].
Section 115.517.............. Exemptions............. 11/17/04.......... 3/29/05 [Insert FR page
number where document
begins].
Section 115.519.............. Counties and Compliance 11/17/04.......... 3/29/05 [Insert FR page
Schedules. number where document
begins].
* * * * * * *
------------------------------
----------------------------------------------------------------------------------------------------------------
[FR Doc. 05-6196 Filed 3-28-05; 8:45 am]
BILLING CODE 6560-50-P
