Approval and Promulgation of Implementation Plans; Texas; Revision to Control of Air Pollution From Volatile Organic Compounds; Alternative Leak Detection and Repair Work Practice, 10352-10357 [2015-03588]

Download as PDF rmajette on DSK2VPTVN1PROD with RULES 10352 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations under authority of 44 U.S.C. Sections 2904 and 2906. (12) Disclosure of Information to National Archives and Records Administration Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use to National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C.s 2904 and 2906. (13) Disclosure to the Merit Systems Protection Board Routine Use. 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A record from a system of records maintained by a Component consisting of, or relating to, terrorism information (6 U.S.C. 485(a)(4)), homeland security information (6 U.S.C. 482(f)(1)), or law enforcement information (Guideline 2 Report attached to White House Memorandum, ‘‘Information Sharing Environment Reports,’’ November 22, 2006) may be disclosed to a Federal, State, local, tribal, territorial, foreign governmental and/ or multinational agency, either in response to its request or upon the initiative of the VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 Component, for purposes of sharing such information as is necessary and relevant for the agencies to the detection, prevention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, people, and interests of the United States of America as contemplated by the Intelligence Reform and Terrorism Protection Act of 2004 (Pub. L. 108–458) and Executive Order 13388 (October 25, 2005). [FR Doc. 2015–03862 Filed 2–25–15; 8:45 am] BILLING CODE 3710–08–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2010–0611; FRL–9923–24– Region 6] Approval and Promulgation of Implementation Plans; Texas; Revision to Control of Air Pollution From Volatile Organic Compounds; Alternative Leak Detection and Repair Work Practice Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a Texas State Implementation Plan (SIP) revision for control of volatile organic compound (VOC) emissions from fugitive sources that was submitted to EPA on July 2, 2010. The SIP revision allows for a voluntary alternative work practice to detect fugitive emission leaks using optical gas imaging instruments under the EPA federal Leak Detection and Repair (LDAR) requirements. The EPA is approving this SIP revision pursuant to section 110 of the Clean Air Act (CAA) and consistent with EPA’s guidance and regulations. DATES: This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 30, 2015. 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 Docket No. EPA–R06– OAR–2010–0611, by one of the following methods: • www.regulations.gov: Follow the on-line instructions. • Email: Jennifer Huser at huser.jennifer@epa.gov. • Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2010– 0611. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, 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 https://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD– ROM submitted. 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. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Jennifer Huser, (214) 665–7347, huser.jennifer@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Huser or Mr. Bill Deese at (214) 665–7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. E:\FR\FM\26FER1.SGM 26FER1 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations Table of Contents I. Background II. EPA’s Evaluation III. Final Action IV. Statutory and Executive Order Reviews I. Background rmajette on DSK2VPTVN1PROD with RULES A. CAA and SIPs Section 110 of the CAA requires states to develop and submit to EPA a SIP to ensure that state air quality meets National Ambient Air Quality Standards (NAAQS). These NAAQS standards currently address six criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin through air pollution regulations and control strategies. EPA-approved SIPs, including control strategies are federally enforceable. As needed, States revise the SIP and submit revisions to EPA for approval. B. SIP Revision Submitted on July 2, 2010 On July 2, 2010, the Texas Commission on Environmental Quality (TCEQ) submitted revisions to the Texas SIP LDAR rules to allow a voluntary alternative work practice to detect fugitive emission leaks using optical gas imaging. The submitted SIP revisions amended Texas Administrative Code (TAC) at 30 TAC Chapters 115.322– 115.326, 115.352–115.357, 115.781, 115.782, and 115.768–788, and added new 30 TAC Chapter 115.358 and 30 TAC Chapter 115.784, Control of Air Pollution from Volatile Organic Compounds. The federal and state LDAR program is a fundamental aspect of air pollution control by reducing emissions from leaking piping components and instrumentation. Section 172(c)(1) and 182 of the CAA require ozone nonattainment areas that are classified as moderate and above for ozone nonattainment to adopt Reasonably Available Control Technology (RACT) requirement for sources that are subject to Control Technique Guidelines (CTGs) issued by EPA and for ‘‘major sources’’ of VOCs and nitrogen oxides (NOX). Major sources are defined as the following for each affected nonattainment area: In areas classified as moderate, those sources that the potential to emit at least 100 tons per year (tpy) of VOCs or NOX; for areas classified as serious, those that have the potential to emit 50 tpy of VOCs or NOX; and in areas classified as severe, those sources that have the potential to emit at least 25 tons per year of VOCs or NOX. See Section 182(c) VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 of the CAA. The Dallas-Fort Worth (DFW) ozone nonattainment area for the 1997 8-hour ozone standard consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties. The DFW area was reclassified as serious ozone nonattainment for the 1997 8-hour ozone standard (75 FR 79302, December 20, 2010). The Houston-GalvestonBrazoria (HGB) ozone nonattainment area for the 1997 8-hour ozone standard consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The HGB area was classified as a severe ozone nonattainment area for the 1997 8-hour ozone NAAQS (73 FR 56983, October 1, 2008). The Beaumont Port Arthur (BPA) area of the 1997 8-hour ozone standard consists of Hardin, Jefferson, and Orange Counties. The fugitive emission LDAR rules in 30 TAC Chapter 115 (denoted as 30 TAC 115), referenced above, fall under two general categories, and are incorporated into the SIP: 1) 30 TAC 115, Subchapter D, Divisions 2 and 3 cover general VOC fugitive emission LDAR rules and were adopted to satisfy reasonably available control technology (RACT) requirements of the CAA (see 73 FR 10383, March 28, 2008 for Division 2 and 73 FR 40972, September 15, 2008 for Division 3); and 2) the highly-reactive volatile organic compounds (HRVOC) fugitive emission LDAR rules, in 30 TAC 115, Subchapter H, Division 3 were adopted as part of the HGB attainment demonstration for the one-hour ozone NAAQS (see 71 FR 52655, December 6, 2006). The revision incorporates the voluntary alternative work practice for both categories consistent with the alternative work practice adopted by the EPA on December 22, 2008 (73 FR 78199). For the first category, Subchapter D, Division 2 applies to petroleum refineries in Gregg, Nueces, and Victoria counties and 30 TAC Chapter 115, Subchapter D, Division 3 applies to the following facility types in the BPA, DFW, El Paso, and HGB areas as defined in 30 TAC 115.10: petroleum refineries; synthetic organic chemical, polymer, resin, or methyl-tert-butyl ether manufacturing processes; or natural gas/ gasoline processing operations. For the second category, 30 TAC 115, Subchapter H, Division 3 applies to the following facility types in the HGB area as defined in 30 TAC 115.10 that have HRVOC as raw material, intermediate, final product, or in a waste stream: petroleum refineries; synthetic organic chemical, polymer, resin, or methyl-tertbutyl ether manufacturing processes; or PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 10353 natural gas/gasoline processing operations. The SIP revision submitted by Texas is provided in the docket for this rulemaking. C. What criteria must be met for EPA to approve this SIP revision? The primary CAA requirements pertaining to the SIP revision submitted by Texas are found in CAA sections 110(l) and 182(b)(2). CAA section 110(l) requires that a SIP revision submitted to EPA be adopted after reasonable notice and public hearing. Section 110(l) also requires that we not approve a SIP revision if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. CAA section 182(b)(2) requires that ozone nonattainment areas classified as moderate or above implement RACT controls on all major VOC and NOX emission sources and on all sources and source categories covered by a control technique guideline (CTG) issued by EPA. RACT is defined as the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility (44 FR 53762, September 17, 1979). The CTG and Alternative Control Technique (ACT) documents that we issue provide states with guidance concerning what types of controls could constitute RACT for a given source category. The documents we have issued pertaining to fugitive emissions from equipment leaks are (1) Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment (EPA–450/2–78– 036, June 1978), (2) Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants (EPA–450/3–83–007, December 1983), and (3) Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical and Polymer Manufacturing Equipment EPA–450/3–83–006, March 1984). These documents are accessible online at www.epa.gov/airquality/ozonepollution/ SIPToolkit/ctgs.html. Because the DFW area was classified as a serious ozone nonattainment area for the 1997 8-hour ozone standard, a major source is a source having the potential to emit 50 tpy of VOC or more (CAA § 182(c)). Because the HGB area is classified as a severe ozone nonattainment area for the 1-hour ozone standard, a major source is a source having the potential to emit 25 tpy of VOC or more (CAA § 182(d)). E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10354 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations II. EPA’s Evaluation The alternative work practice is a voluntary alternative to hydrocarbon analyzers required by EPA Method 21 (See the technical support document (TSD) for more detail) 1 to detect volatile organic compound leaks from equipment such as valves, pumps, connectors, compressors, pressure relief valves, etc. While EPA demonstrated that the use of optical gas imaging in the alternative work practice is equivalent to using a hydrocarbon analyzer in EPA Method 21, the optical gas imaging technology available today is generally not capable of measuring concentration and has a higher detection limit than the hydrocarbon analyzers. Therefore, the methods are not interchangeable and therefore the alternative work practice cannot simply be included as an alternate method. The fundamental premise behind EPA’s rule in allowing the alternative work practice is that more frequent monitoring with the optical gas imaging device will detect larger leaks sooner resulting in a more expedient repair of the leaks. While smaller leaks may not be detected using the optical gas imaging device, the overall control level under the optical gas imaging alternative work practice is considered equivalent, or in some cases superior to, the traditional LDAR work practice using Method 21. This makes the alternative work practice more similar to an alternate means of control rather than an alternative test method. EPA’s rationale in approving the alternate work practice is further discussed in the December 22, 2008 Federal Register (73 FR 78199). While EPA adopted the use of the alternative work practice for numerous federal LDAR rules, many facilities will not be able to make use of the alternative work practice until the fugitive emission LDAR rules are revised in the Texas SIP. Additionally, the proposed SIP revision does not change the New Source Review (NSR) permit requirements, and therefore sources choosing to implement the alternative work practice will need to change the facility’s permit LDAR requirements through the SIP-approved NSR permit amendment process. In its adopted rule, TCEQ made several substantive changes that were not required by the federal alternative work practice in 40 CFR part 60.18. These additional requirements were added by TCEQ to ensure that personnel using optical gas imaging instruments have adequate training and to address quality assurance and enforcement concerns with the federal alternative 1 The TSD is in the docket for this rulemaking. VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 work practice in 40 CFR part 60.18. These changes include: • Each person operating an optical gas imaging instrument for the purposes of the alternative work practice will be required to conduct the daily instrument check. [30 TAC 115.358(c)(2)] • Owners or operators electing to use the alternative work practice will be required to submit notification to the appropriate TCEQ regional office at least 30 days prior to implementation. [30 TAC 115.358(g)] • Operator training will be required for personnel performing the alternative work practice. [30 TAC 115.358(h)] • A specific subset of components (e.g., blind flanges, heat exchanger heads, sight glasses, etc.) subject to 30 TAC 115.781(b)(3) may be sampled at alternate frequencies for the annual Method 21 test required under the alternative work practice if the components are not subject to a federal LDAR Method 21 requirement under 40 CFR parts 60, 61, 63, or 65 [30 TAC 115.781(h)(6)]. TCEQ also added provisions to the federal alternative work practice specifically to ensure there would be no backsliding for the HRVOC fugitive emission LDAR rules in 30 TAC 115, Subchapter H, Division 3. Those changes include: • For leaks greater than 10,000 part per million by volume (ppmv), rapid repair times are required under 30 TAC 115.782(b) and extraordinary efforts must be undertaken within a shorter time period to qualify for delay of repair under 30 TAC 115.782(c). The rulemaking will require any leak detected using the alternative work practice to meet the more stringent repair time limits of 30 TAC 115.782(b) and (c) unless a Method 21 test is done to demonstrate that the leak is 10,000 ppmv or less. • The rule will retain the third-party audit requirements of 30 TAC 115.788; however, an alternative audit procedure will be required if the company is using the alternative work practice. • Consistent with EPA guidance, Protocol for Equipment Leak Emission Estimates, EPA–453/R–95–017, November 1995, 30 TAC 115.782(c) requires companies to use EPA correlation equations for calculating emissions. For leaks detected using the alternative work practice, a company will be required to use the 100,000 ppmv pegged emission rates from the same section of the EPA guidance document currently referenced in the rule at 30 TAC 115.782(c)(1)(i)(II). The SIP revision is approvable as it is consistent with the EPA federal LDAR PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 rule that provides an alternative to required monitoring for fugitive components to ensure facilities identify and repair leaking equipment in a timely and effective manner to reduce fugitive air emissions. In addition the SIP revision improves upon the SIPapproved rules in that it provides for this voluntary alternative method for the detection of fugitive emissions from leaking components, as detailed in our TSD. Approval of this SIP revision would not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the CAA. Lastly, EPA’s review indicates that the Texas AWP provisions are as stringent as or more stringent than the federal AWP and provide no relaxation of the state’s rules for leak detection and repair. III. Final Action We are taking direct final action to approve revisions to the Texas SIP that pertain to the control of air pollution from VOCs alternative LDAR work practice, adopted by the TCEQ on June 2, 2010, and submitted to the EPA on July 2, 2010. EPA is approving these revisions in accordance with sections 110, 173 and 182 of the CAA and consistent with EPA’s guidance and regulations. EPA is publishing this rule without prior proposal because we view this as a non-controversial amendment and anticipate no 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 April 27, 2015 without further notice unless we receive relevant adverse comment by March 30, 2015. 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 relevant 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. E:\FR\FM\26FER1.SGM 26FER1 10355 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 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. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 27, 2015. 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).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Alternative work practice, Incorporation by reference, Leak detection and repair, Optical gas imaging, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 9, 2015. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart SS—Texas 2. In § 52.2270 (c), the table titled ‘‘EPA Approved Regulations in the Texas SIP’’ is amended by: ■ a. Revising the entries for sections 115.322 through 115.326, 115.352 through 115.357, 115.781, 115.782, and 115.786 through 115.788; and ■ b. Adding in sequential order entries for sections 115.358 and 115.784. The revisions and additions read as follows: ■ § 52.2270 * Identification of plan. * * (c) * * * * * EPA APPROVED REGULATIONS IN THE TEXAS SIP State citation * State approval/ submittal date Title/subject * * * EPA approval date * Explanation * * rmajette on DSK2VPTVN1PROD with RULES Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds * * * * * * Subchapter D—Petroleum Refining, Natural Gas Processing, and Petrochemical Processes VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\26FER1.SGM 26FER1 * 10356 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued State citation * State approval/ submittal date Title/subject * * * EPA approval date * Explanation * * Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties Section 115.322 ................ Control Requirements ................................ 6/2/2010 Section 115.323 ................ Alternate Control Requirements ................. 6/2/2010 Section 115.324 ................ Inspection Requirements ........................... 6/2/2010 Section 115.325 ................ Testing Requirements ................................ 6/2/2010 Section 115.326 ................ Recordkeeping Requirements .................... 6/2/2010 * * * * 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. * * * Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas Section 115.352 ................ Control Requirements ................................ 6/2/2010 Section 115.353 ................ Alternate Control Requirements ................. 6/2/2010 Section 115.354 ................ Monitoring and Inspection Requirements .. 6/2/2010 Section 115.355 ................ Approved Test Methods ............................. 6/2/2010 Section 115.356 ................ Recordkeeping Requirements .................... 6/2/2010 Section 115. 357 ............... Exemptions ................................................. 6/2/2010 Section 115.358 ................ Alternative Work Practice ........................... 6/2/2010 * * * * 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. * * * * * * * 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. * * * 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. 2/26/2015 [Insert Federal Register citation]. * Subchapter H—Highly-Reactive Volatile Organic Compounds * * * * * Division 3: Fugitive Emissions * Section 115.781 ................ Section 115.782 ................ * * * General Monitoring and Inspection Requirements. Procedures and Schedule for Leak Repair and Follow-up. 6/2/2010 6/2/2010 * * * Alternate Control Requirements ................. 6/2/2010 Section 115.786 ................ Recordkeeping Requirements .................... 6/2/2010 Section 115.787 ................ rmajette on DSK2VPTVN1PROD with RULES * Section 115.784 ................ Exemptions ................................................. 6/2/2010 Section 115.788 ................ Audit Provisions ......................................... 6/2/2010 * VerDate Sep<11>2014 * 14:38 Feb 25, 2015 * Jkt 235001 PO 00000 * Frm 00034 Fmt 4700 * Sfmt 4700 E:\FR\FM\26FER1.SGM * 26FER1 * Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations * * * * * [FR Doc. 2015–03588 Filed 2–25–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R05–OAR–2009–0554; FRL–9923–35– Region 5] Approval of Other Solid Waste Incineration Units State Plan for Designated Facilities and Pollutants: Indiana Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving Indiana’s State Plan to control air pollutants from ‘‘Other Solid Waste Incineration’’ (OSWI) units. The Indiana Department of Environmental Management (IDEM) submitted the State Plan to EPA on November 27, 2007. The State Plan is consistent with Emission Guidelines (EG) promulgated by EPA on December 16, 2005. This approval means that EPA finds that the State Plan meets applicable Clean Air Act (Act) requirements for OSWI units for which construction commenced on or before December 4, 2004. Once effective, this approval also makes the State Plan Federally enforceable. DATES: This direct final rule will be effective April 27, 2015, unless EPA receives adverse comments by March 30, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2009–0554, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: nash.carlton@epa.gov. 3. Fax: (312) 692–2543. 4. Mail: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT– 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Carlton T. Nash, Chief, Integrated Air Toxics Section, Air Toxics and Assessment Branch (AT– 18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2009– 0554. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, 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 email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We recommend that you telephone Margaret Sieffert, Environmental Engineer, at (312) 353– 1151 before visiting the Region 5 office. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 10357 FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental Engineer, U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard (AT–18J), Chicago, Illinois 60604, (312) 353–1151, sieffert.margaret@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. What does the state plan contain? III. Does the state plan meet the EPA requirements? IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. Background On December 16, 2005, in accordance with sections 111 and 129 of the Act, EPA promulgated OSWI EGs and compliance schedules for the control of emissions from existing OSWI units. See 70 FR 74870. EPA codified these regulations at 40 CFR part 60, subpart FFFF. They include a model rule at 40 CFR 60.3000 through 60.3078. ‘‘OSWI units’’ are very small municipal waste combustors and institutional waste incinerators. See 40 CFR 60.3078. Under section 111(d) of the Act, EPA is required to develop regulations for existing sources of noncriteria pollutants (i.e., a pollutant for which there is no national ambient air quality standard) whenever EPA promulgates a standard for a new source. These would include OSWI units. Section 111(d) plans are subject to EPA review and approval. Under section 129(b)(2) of the Act and the regulations at Subpart FFFF, states with OSWI units must submit to EPA plans that implement the EGs. The plans must be at least as protective as the EGs, which are not Federally enforceable until EPA approves a State Plan (or promulgates a Federal Plan for implementation and enforcement). 40 CFR part 60, subpart B contains general provisions applicable to the adoption and submittal of State Plans for subject facilities under section 111(d), which would include OSWI units. On November 27, 2007, Indiana submitted its OSWI State Plan to EPA. This submission followed public hearings for preliminary adoption of the State Plan on December 6, 2006 and for final adoption on February 7, 2007. The State adopted the final Plan on February 7, 2007, and became effective on August 9, 2007. The Plan includes State rule 326 IAC 11–9, which establishes emission standards for existing OSWI. EPA was sued and subsequently State Plan submittals were put on hold. See E:\FR\FM\26FER1.SGM 26FER1

Agencies

[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10352-10357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03588]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0611; FRL-9923-24-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revision to Control of Air Pollution From Volatile Organic Compounds; 
Alternative Leak Detection and Repair Work Practice

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a Texas State Implementation Plan (SIP) 
revision for control of volatile organic compound (VOC) emissions from 
fugitive sources that was submitted to EPA on July 2, 2010. The SIP 
revision allows for a voluntary alternative work practice to detect 
fugitive emission leaks using optical gas imaging instruments under the 
EPA federal Leak Detection and Repair (LDAR) requirements. The EPA is 
approving this SIP revision pursuant to section 110 of the Clean Air 
Act (CAA) and consistent with EPA's guidance and regulations.

DATES: This rule is effective on April 27, 2015 without further notice, 
unless EPA receives relevant adverse comment by March 30, 2015. 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 Docket No. EPA-R06-OAR-
2010-0611, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions.
     Email: Jennifer Huser at huser.jennifer@epa.gov.
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2010-0611. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, 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 https://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment along with any disk or CD-ROM 
submitted. 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. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Jennifer Huser, (214) 665-7347, 
huser.jennifer@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Huser or Mr. Bill Deese at (214) 665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

[[Page 10353]]

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to EPA 
a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). These NAAQS standards currently address six 
criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. 
EPA-approved SIPs, including control strategies are federally 
enforceable. As needed, States revise the SIP and submit revisions to 
EPA for approval.

B. SIP Revision Submitted on July 2, 2010

    On July 2, 2010, the Texas Commission on Environmental Quality 
(TCEQ) submitted revisions to the Texas SIP LDAR rules to allow a 
voluntary alternative work practice to detect fugitive emission leaks 
using optical gas imaging. The submitted SIP revisions amended Texas 
Administrative Code (TAC) at 30 TAC Chapters 115.322-115.326, 115.352-
115.357, 115.781, 115.782, and 115.768-788, and added new 30 TAC 
Chapter 115.358 and 30 TAC Chapter 115.784, Control of Air Pollution 
from Volatile Organic Compounds. The federal and state LDAR program is 
a fundamental aspect of air pollution control by reducing emissions 
from leaking piping components and instrumentation.
    Section 172(c)(1) and 182 of the CAA require ozone nonattainment 
areas that are classified as moderate and above for ozone nonattainment 
to adopt Reasonably Available Control Technology (RACT) requirement for 
sources that are subject to Control Technique Guidelines (CTGs) issued 
by EPA and for ``major sources'' of VOCs and nitrogen oxides 
(NOX). Major sources are defined as the following for each 
affected nonattainment area: In areas classified as moderate, those 
sources that the potential to emit at least 100 tons per year (tpy) of 
VOCs or NOX; for areas classified as serious, those that 
have the potential to emit 50 tpy of VOCs or NOX; and in 
areas classified as severe, those sources that have the potential to 
emit at least 25 tons per year of VOCs or NOX. See Section 
182(c) of the CAA. The Dallas-Fort Worth (DFW) ozone nonattainment area 
for the 1997 8-hour ozone standard consists of Collin, Dallas, Denton, 
Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties. The DFW 
area was reclassified as serious ozone nonattainment for the 1997 8-
hour ozone standard (75 FR 79302, December 20, 2010). The Houston-
Galveston-Brazoria (HGB) ozone nonattainment area for the 1997 8-hour 
ozone standard consists of Brazoria, Chambers, Fort Bend, Galveston, 
Harris, Liberty, Montgomery and Waller counties. The HGB area was 
classified as a severe ozone nonattainment area for the 1997 8-hour 
ozone NAAQS (73 FR 56983, October 1, 2008). The Beaumont Port Arthur 
(BPA) area of the 1997 8-hour ozone standard consists of Hardin, 
Jefferson, and Orange Counties.
    The fugitive emission LDAR rules in 30 TAC Chapter 115 (denoted as 
30 TAC 115), referenced above, fall under two general categories, and 
are incorporated into the SIP: 1) 30 TAC 115, Subchapter D, Divisions 2 
and 3 cover general VOC fugitive emission LDAR rules and were adopted 
to satisfy reasonably available control technology (RACT) requirements 
of the CAA (see 73 FR 10383, March 28, 2008 for Division 2 and 73 FR 
40972, September 15, 2008 for Division 3); and 2) the highly-reactive 
volatile organic compounds (HRVOC) fugitive emission LDAR rules, in 30 
TAC 115, Subchapter H, Division 3 were adopted as part of the HGB 
attainment demonstration for the one-hour ozone NAAQS (see 71 FR 52655, 
December 6, 2006). The revision incorporates the voluntary alternative 
work practice for both categories consistent with the alternative work 
practice adopted by the EPA on December 22, 2008 (73 FR 78199). For the 
first category, Subchapter D, Division 2 applies to petroleum 
refineries in Gregg, Nueces, and Victoria counties and 30 TAC Chapter 
115, Subchapter D, Division 3 applies to the following facility types 
in the BPA, DFW, El Paso, and HGB areas as defined in 30 TAC 115.10: 
petroleum refineries; synthetic organic chemical, polymer, resin, or 
methyl-tert-butyl ether manufacturing processes; or natural gas/
gasoline processing operations. For the second category, 30 TAC 115, 
Subchapter H, Division 3 applies to the following facility types in the 
HGB area as defined in 30 TAC 115.10 that have HRVOC as raw material, 
intermediate, final product, or in a waste stream: petroleum 
refineries; synthetic organic chemical, polymer, resin, or methyl-tert-
butyl ether manufacturing processes; or natural gas/gasoline processing 
operations.
    The SIP revision submitted by Texas is provided in the docket for 
this rulemaking.

C. What criteria must be met for EPA to approve this SIP revision?

    The primary CAA requirements pertaining to the SIP revision 
submitted by Texas are found in CAA sections 110(l) and 182(b)(2). CAA 
section 110(l) requires that a SIP revision submitted to EPA be adopted 
after reasonable notice and public hearing. Section 110(l) also 
requires that we not approve a SIP revision if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA. CAA section 182(b)(2) requires that ozone nonattainment areas 
classified as moderate or above implement RACT controls on all major 
VOC and NOX emission sources and on all sources and source 
categories covered by a control technique guideline (CTG) issued by 
EPA. RACT is defined as the lowest emissions limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility (44 FR 53762, September 17, 1979). The CTG and 
Alternative Control Technique (ACT) documents that we issue provide 
states with guidance concerning what types of controls could constitute 
RACT for a given source category. The documents we have issued 
pertaining to fugitive emissions from equipment leaks are (1) Control 
of Volatile Organic Compound Leaks from Petroleum Refinery Equipment 
(EPA-450/2-78-036, June 1978), (2) Control of Volatile Organic Compound 
Equipment Leaks from Natural Gas/Gasoline Processing Plants (EPA-450/3-
83-007, December 1983), and (3) Control of Volatile Organic Compound 
Leaks from Synthetic Organic Chemical and Polymer Manufacturing 
Equipment EPA-450/3-83-006, March 1984). These documents are accessible 
online at www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html. 
Because the DFW area was classified as a serious ozone nonattainment 
area for the 1997 8-hour ozone standard, a major source is a source 
having the potential to emit 50 tpy of VOC or more (CAA Sec.  182(c)). 
Because the HGB area is classified as a severe ozone nonattainment area 
for the 1-hour ozone standard, a major source is a source having the 
potential to emit 25 tpy of VOC or more (CAA Sec.  182(d)).

[[Page 10354]]

II. EPA's Evaluation

    The alternative work practice is a voluntary alternative to 
hydrocarbon analyzers required by EPA Method 21 (See the technical 
support document (TSD) for more detail) \1\ to detect volatile organic 
compound leaks from equipment such as valves, pumps, connectors, 
compressors, pressure relief valves, etc. While EPA demonstrated that 
the use of optical gas imaging in the alternative work practice is 
equivalent to using a hydrocarbon analyzer in EPA Method 21, the 
optical gas imaging technology available today is generally not capable 
of measuring concentration and has a higher detection limit than the 
hydrocarbon analyzers. Therefore, the methods are not interchangeable 
and therefore the alternative work practice cannot simply be included 
as an alternate method. The fundamental premise behind EPA's rule in 
allowing the alternative work practice is that more frequent monitoring 
with the optical gas imaging device will detect larger leaks sooner 
resulting in a more expedient repair of the leaks. While smaller leaks 
may not be detected using the optical gas imaging device, the overall 
control level under the optical gas imaging alternative work practice 
is considered equivalent, or in some cases superior to, the traditional 
LDAR work practice using Method 21. This makes the alternative work 
practice more similar to an alternate means of control rather than an 
alternative test method. EPA's rationale in approving the alternate 
work practice is further discussed in the December 22, 2008 Federal 
Register (73 FR 78199). While EPA adopted the use of the alternative 
work practice for numerous federal LDAR rules, many facilities will not 
be able to make use of the alternative work practice until the fugitive 
emission LDAR rules are revised in the Texas SIP. Additionally, the 
proposed SIP revision does not change the New Source Review (NSR) 
permit requirements, and therefore sources choosing to implement the 
alternative work practice will need to change the facility's permit 
LDAR requirements through the SIP-approved NSR permit amendment 
process.
---------------------------------------------------------------------------

    \1\ The TSD is in the docket for this rulemaking.
---------------------------------------------------------------------------

    In its adopted rule, TCEQ made several substantive changes that 
were not required by the federal alternative work practice in 40 CFR 
part 60.18. These additional requirements were added by TCEQ to ensure 
that personnel using optical gas imaging instruments have adequate 
training and to address quality assurance and enforcement concerns with 
the federal alternative work practice in 40 CFR part 60.18. These 
changes include:
     Each person operating an optical gas imaging instrument 
for the purposes of the alternative work practice will be required to 
conduct the daily instrument check. [30 TAC 115.358(c)(2)]
     Owners or operators electing to use the alternative work 
practice will be required to submit notification to the appropriate 
TCEQ regional office at least 30 days prior to implementation. [30 TAC 
115.358(g)]
     Operator training will be required for personnel 
performing the alternative work practice. [30 TAC 115.358(h)]
     A specific subset of components (e.g., blind flanges, heat 
exchanger heads, sight glasses, etc.) subject to 30 TAC 115.781(b)(3) 
may be sampled at alternate frequencies for the annual Method 21 test 
required under the alternative work practice if the components are not 
subject to a federal LDAR Method 21 requirement under 40 CFR parts 60, 
61, 63, or 65 [30 TAC 115.781(h)(6)].
    TCEQ also added provisions to the federal alternative work practice 
specifically to ensure there would be no backsliding for the HRVOC 
fugitive emission LDAR rules in 30 TAC 115, Subchapter H, Division 3. 
Those changes include:
     For leaks greater than 10,000 part per million by volume 
(ppmv), rapid repair times are required under 30 TAC 115.782(b) and 
extraordinary efforts must be undertaken within a shorter time period 
to qualify for delay of repair under 30 TAC 115.782(c). The rulemaking 
will require any leak detected using the alternative work practice to 
meet the more stringent repair time limits of 30 TAC 115.782(b) and (c) 
unless a Method 21 test is done to demonstrate that the leak is 10,000 
ppmv or less.
     The rule will retain the third-party audit requirements of 
30 TAC 115.788; however, an alternative audit procedure will be 
required if the company is using the alternative work practice.
     Consistent with EPA guidance, Protocol for Equipment Leak 
Emission Estimates, EPA-453/R-95-017, November 1995, 30 TAC 115.782(c) 
requires companies to use EPA correlation equations for calculating 
emissions. For leaks detected using the alternative work practice, a 
company will be required to use the 100,000 ppmv pegged emission rates 
from the same section of the EPA guidance document currently referenced 
in the rule at 30 TAC 115.782(c)(1)(i)(II).
    The SIP revision is approvable as it is consistent with the EPA 
federal LDAR rule that provides an alternative to required monitoring 
for fugitive components to ensure facilities identify and repair 
leaking equipment in a timely and effective manner to reduce fugitive 
air emissions. In addition the SIP revision improves upon the SIP-
approved rules in that it provides for this voluntary alternative 
method for the detection of fugitive emissions from leaking components, 
as detailed in our TSD. Approval of this SIP revision would not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable requirement of the 
CAA. Lastly, EPA's review indicates that the Texas AWP provisions are 
as stringent as or more stringent than the federal AWP and provide no 
relaxation of the state's rules for leak detection and repair.

III. Final Action

    We are taking direct final action to approve revisions to the Texas 
SIP that pertain to the control of air pollution from VOCs alternative 
LDAR work practice, adopted by the TCEQ on June 2, 2010, and submitted 
to the EPA on July 2, 2010. EPA is approving these revisions in 
accordance with sections 110, 173 and 182 of the CAA and consistent 
with EPA's guidance and regulations.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no 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 April 27, 2015 
without further notice unless we receive relevant adverse comment by 
March 30, 2015. 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 
relevant 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.

[[Page 10355]]

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 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. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 27, 2015. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Alternative work 
practice, Incorporation by reference, Leak detection and repair, 
Optical gas imaging, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. In Sec.  52.2270 (c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by:
0
a. Revising the entries for sections 115.322 through 115.326, 115.352 
through 115.357, 115.781, 115.782, and 115.786 through 115.788; and
0
b. Adding in sequential order entries for sections 115.358 and 115.784.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
                                                           approval/
          State citation               Title/subject       submittal     EPA approval date       Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------
 

[[Page 10356]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
      Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties
----------------------------------------------------------------------------------------------------------------
Section 115.322..................  Control Requirements.     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.323..................  Alternate Control         6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.324..................  Inspection                6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.325..................  Testing Requirements.     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.326..................  Recordkeeping             6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
                                     Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.352..................  Control Requirements.     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.353..................  Alternate Control         6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.354..................  Monitoring and            6/2/2010  2/26/2015 [Insert     ...................
                                    Inspection                          Federal Register
                                    Requirements.                       citation].
Section 115.355..................  Approved Test Methods     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.356..................  Recordkeeping             6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115. 357.................  Exemptions...........     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.358..................  Alternative Work          6/2/2010  2/26/2015 [Insert     ...................
                                    Practice.                           Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Subchapter H--Highly-Reactive Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Division 3: Fugitive Emissions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 115.781..................  General Monitoring        6/2/2010  2/26/2015 [Insert     ...................
                                    and Inspection                      Federal Register
                                    Requirements.                       citation].
Section 115.782..................  Procedures and            6/2/2010  2/26/2015 [Insert     ...................
                                    Schedule for Leak                   Federal Register
                                    Repair and Follow-up.               citation].
 
                                                  * * * * * * *
Section 115.784..................  Alternate Control         6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.786..................  Recordkeeping             6/2/2010  2/26/2015 [Insert     ...................
                                    Requirements.                       Federal Register
                                                                        citation].
Section 115.787..................  Exemptions...........     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
Section 115.788..................  Audit Provisions.....     6/2/2010  2/26/2015 [Insert     ...................
                                                                        Federal Register
                                                                        citation].
 
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[[Page 10357]]

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[FR Doc. 2015-03588 Filed 2-25-15; 8:45 am]
BILLING CODE 6560-50-P
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