Approval and Promulgation of Implementation Plans; Texas; Revisions to the State Implementation Plan; Stage I Regulations, 24213-24216 [2015-10122]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
Dated: April 17, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–10170 Filed 4–29–15; 8:45 am]
BILLING CODE 4310–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52
[EPA–R06–OAR–2014–0846; FRL–9927–10–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the State Implementation
Plan; Stage I Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve revisions to the Texas
State Implementation Plan (SIP) related
to Stage I Regulations that were
submitted by the State of Texas on
November 12, 2014. The EPA evaluated
the SIP submittal from Texas and
determined these revisions are
consistent with the requirements of the
Clean Air Act (Act or CAA). The EPA
is approving this action under the
federal CAA.
DATES: This direct final rule is effective
on June 29, 2015 without further notice,
unless the EPA receives relevant
adverse comment by June 1, 2015. If the
EPA receives such comment, the 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 ID No. EPA–R06–
OAR–2014–0846, by one of the
following methods:
(1) www.regulations.gov: Follow the
on-line instructions.
(2) Email: Ms. Tracie Donaldson at
donaldson.tracie@epa.gov.
(3) Mail or Delivery: Ms. Tracie
Donaldson, Air Permits Section (6PD–
R), Environmental Protection Agency,
1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2014–
0846. 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
rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:33 Apr 29, 2015
Jkt 235001
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 the 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 the 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, the 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 the
EPA cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the 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 the 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:
Ms. Tracie Donaldson, (214) 665–6633,
donaldson.tracie@epa.gov. To inspect
the hard copy materials, please schedule
an appointment with Ms. Donaldson or
Mr. Bill Deese at (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
A. CAA and SIPs
B. Why do we regulate VOCs?
C. What is Stage I Vapor Recovery?
D. SIP Revision Submitted on November
12, 2014
II. EPA’s Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
24213
I. Background
A. CAA and SIPs
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets
National Ambient Air Quality Standards
(NAAQS). The NAAQS 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. The EPAapproved SIP provisions and control
strategies are federally enforceable.
States revise the SIP as needed and
submit revisions to the EPA for review
and approval.
B. Why do we regulate VOCs?
Volatile Organic Compound is a term
used to describe a class of chemicals
that react in the atmosphere in the
presence of sunlight to form ozone.
Sources include vehicle exhaust,
gasoline vapors, oil-based paints and
industrial operations. A regulatory
definition of Volatile Organic
Compounds can be found at 40 CFR
51.100(s). The definition in Texas can
be found in 30 TAC 115.10. Oxygen in
the atmosphere reacts with VOCs and
Oxides of Nitrogen to form ozone, a key
component of urban smog. Inhaling
even low levels of ozone can trigger a
variety of health problems including
chest pains, coughing, nausea, throat
irritation, and congestion. It also can
worsen bronchitis and asthma. Exposure
to ozone can also reduce lung capacity
in healthy adults.
C. What is Stage I Vapor Recovery?
Capturing the vapors from the
gasoline station storage tanks as tanktrucks fill these tanks, and returning the
vapors to the tank-truck 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. We
are approving the vapor recovery
requirements and the vapor tightness
requirements.
D. SIP Revision Submitted on November
12, 2014
On September 10, 2014, Texas
Commission on Environmental Quality
(TCEQ) adopted revisions to 30 Texas
Administrative Code (TAC) Chapter
115, Control of Air Pollution from
Volatile Organic Compounds,
E:\FR\FM\30APR1.SGM
30APR1
24214
Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
Subchapter A. Definitions and
Subchapter C. Volatile Organic
Compound Transfer Operations. This
review will determine if the changes to
the Texas SIP are consistent with the
requirements of the Clean Air Act and
EPA’s policy and guidance.
rmajette on DSK2VPTVN1PROD with RULES
II. EPA’s Evaluation
As detailed in the Technical Support
Document (TSD) accompanying this
action, the TCEQ submitted a SIP
revision to the Stage I regulations found
in 30 TAC 115, Subchapter A.
Definitions and Subchapter C. Volatile
Organic Compound Transfer
Operations. The TCEQ adopted
amended sections 115.10, 115.221,
115.222, 115.224–115.227 and 115.229
of 30 TAC Chapter 115, Control of Air
Pollution from Volatile Organic
Compounds and corresponding
revisions to the state implementation
plan. The revisions preserve existing
Stage I testing requirements in the 1997
ozone nonattainment counties and
specify Stage I testing requirements for
gasoline dispensing facilities located in
the 12 ozone nonattainment counties
and 4 ozone maintenance counties that
will be affected by the decommissioning
of the Stage II vapor recovery equipment
rule revision and in the 95 counties that
are subject to the state Stage I rule but
not Stage II requirements. The adopted
revisions also establish testing
requirements that are more consistent
with federal Stage I testing in 40 CFR
part 63, subpart CCCCCC and are more
appropriate for Stage I facilities.
Previously, in separate actions, we
found that Texas’ Stage I regulations
meet Reasonably Available Control
Technology (RACT) requirements for
the 1997 ozone standard in Dallas-Fort
Worth area (January 14, 2009, 74 FR
1903) and for the Houston-GalvestonBrazoria area (April 2, 2013, 63 FR
19599). The current revisions update
RACT where applicable for 1997 ozone
nonattainment counties in Texas.
The revisions will enhance the EPAapproved SIP because they will not
result in any loss in emission
reductions, will become more
enforceable with the test methods in
place and will be more consistent with
the federal Stage I testing requirements;
therefore, we are approving them into
the Texas SIP.
III. Final Action
For the reasons stated above and in
the TSD, the EPA is taking direct final
action to approve revisions to the Texas
SIP pertaining to Stage I regulations at
30 TAC, Chapter 115, Subchapter A:
Definitions, Section 115.10 and
Subchapter C, Division 2: Filling of
VerDate Sep<11>2014
14:33 Apr 29, 2015
Jkt 235001
Gasoline Storage Vessels (Stage I) for
Motor Vehicle Fuel Dispensing
Facilities, Sections 115.221, 115.222,
115.224–115.227 and 115.229, adopted
on September 10, 2014, and submitted
as revisions to the Texas SIP on
November 12, 2014.
We are approving the revisions to the
Texas SIP under section 110 of the Act.
We are 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 June 29,
2015 without further notice unless we
receive relevant adverse comment by
June 1, 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
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.
IV. Incorporation by Reference
In this direct final rule, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Texas
Stage I requirements described in the
Final Action section above. The EPA
has made, and will continue to make,
these documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. 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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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 Order 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 Clean Air Act;
and
• does not provide the 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).
The SIP is not approved to apply on any
Indian reservation land or in any other
area where the 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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
E:\FR\FM\30APR1.SGM
30APR1
24215
Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
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 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 June 29, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposed 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
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
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Ron Curry,
2. In § 52.2270(c), the table titled
‘‘EPA Approved Regulations in the
Texas SIP’’ is amended by adding, in
sequential order, the entry for section
115.221; and revising the entries for
sections 115.10, 115.222, 115.224
through 115.227, and 115.229 to read as
follows:
Regional Administrator, Region 6.
§ 52.2270
Dated: April 22, 2015.
40 CFR part 52 is amended as follows:
■
*
Identification of plan.
*
*
(c) * * *
*
*
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 A—Definitions
115.10 ..........
Definitions .......................................
*
*
9/10/2014
4/30/2015 [Insert FR citation].
*
*
*
*
*
*
*
Subchapter C—Volatile Organic Compound Transfer Operations
*
*
*
*
*
Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
115.221 ........
115.222 ........
Emission Specifications ..................
Control Requirements .....................
9/10/2014
9/10/2014
4/30/2015 [Insert FR citation].
4/30/2015 [Insert FR citation].
*
........
........
........
........
........
*
*
Inspection Requirements ................
Testing Requirements .....................
Recordkeeping Requirements ........
Exemptions .....................................
Counties and Compliance Schedules.
9/10/2014
9/10/2014
9/10/2014
9/10/2014
9/10/2014
*
4/30/2015
4/30/2015
4/30/2015
4/30/2015
4/30/2015
115.224
115.225
115.226
115.227
115.229
*
*
*
*
*
*
*
FR
FR
FR
FR
FR
*
citation].
citation].
citation].
citation].
citation].
*
*
*
*
[Insert
[Insert
[Insert
[Insert
[Insert
*
*
*
[FR Doc. 2015–10122 Filed 4–29–15; 8:45 am]
rmajette on DSK2VPTVN1PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:47 Apr 29, 2015
Jkt 235001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
E:\FR\FM\30APR1.SGM
30APR1
24216
Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52
[EPA–R06–OAR–2015–0054; FRL–9926–91–
Region 6]
Approval and Promulgation of
Implementation Plans; State of
Arkansas; Revisions to the State
Implementation Plan; Fee Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking a direct final
action to approve revisions to the
Arkansas State Implementation Plan
(SIP) related to the Fee Regulations
section of the Arkansas SIP that were
submitted by the State of Arkansas on
November 6, 2012. The EPA has
evaluated the SIP submittal from
Arkansas and determined these
revisions are consistent with the
requirements of the Clean Air Act (Act
or CAA). The EPA is approving this
action under section 110 of the Act.
DATES: This direct final rule is effective
on June 29, 2015 without further notice,
unless the EPA receives relevant
adverse comment by June 1, 2015. If the
EPA receives such comment, the 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 ID No. EPA–R06–
OAR–2015–0054, by one of the
following methods:
(1) www.regulations.gov: Follow the
on-line instructions.
(2) Email: Ms. Tracie Donaldson at
donaldson.tracie@epa.gov.
(3) Mail or Delivery: Ms. Tracie
Donaldson, Air Permits Section (6PD–
R), Environmental Protection Agency,
1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202–2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2015–
0054. 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
rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:47 Apr 29, 2015
Jkt 235001
site is an ‘‘anonymous access’’ system,
which means that the 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 the 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, the 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 the
EPA cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the 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 the 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: Ms.
Tracie Donaldson, (214) 665–6633,
donaldson.tracie@epa.gov. To inspect
the hard copy materials, please schedule
an appointment with Ms. Donaldson or
Mr. Bill Deese at (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
A. CAA and SIPs
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets
National Ambient Air Quality Standards
(NAAQS). The NAAQS currently
address six criteria pollutants: carbon
Frm 00026
Fmt 4700
B. SIP Revision Submitted on November
6, 2012
On June 22, 2012, the Arkansas
Pollution Control and Ecology
Commission (APC&EC) adopted
revisions to Regulation 9—Permit Fee
Regulations, Regulation 19—Regulations
of the Arkansas Plan of Implementation
for Air Pollution Control, and
Regulation 26—Regulations of the
Arkansas Operating Air Permit Program.
On October 26, 2012, APC&EC adopted
additional revisions to Regulation 19.
Governor Beebe submitted these revised
regulations as a revision to the Arkansas
SIP in a letter dated November 6, 2012.
The November 6th, 2012, letter
requested that the EPA repeal the
current SIP-approved permit fee
program provisions found in Regulation
9 and replace with the new provisions
included in the submittal for Chapters 1,
2,1 3, 5, and 9, of Regulation 9 which
relate to the State’s air program. This
action will repeal the current SIPapproved version of Regulation 9 and
replace with the current version of
Regulation 9, Chapters 1, 2,2 3, 5, and
9 as requested by Arkansas. This
includes revisions to Regulation 9,
Chapter 5 addressing fee requirements
for carbon dioxide and methane. The
revisions to Regulations 19 and 26 will
be addressed in separate rulemaking by
the EPA.
II. The EPA’s Evaluation
I. Background
A. CAA and SIPs
B. SIP Revision Submitted on November 6,
2012
II. The EPA’s Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
PO 00000
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. The EPAapproved SIP provisions and control
strategies are federally enforceable.
States revise the SIP as needed and
submit revisions to the EPA for
approval.
Sfmt 4700
As detailed in the Technical Support
Document (TSD) accompanying this
action, the ADEQ 3 submitted a SIP
1 Only the portions of Chapter 2 that relate to the
Air program are included in the Arkansas SIP. The
definitions to include are specified in ADEQ letter
to the EPA dated December 11, 2014, which is
available in our rulemaking docket and addressed
in more detail in the TSD.
2 Ibid.
3 The Arkansas Department of Environmental
Quality (ADEQ) is the state agency that is charged
with protecting, enhancing and restoring the
environment for Arkansas. The Arkansas Pollution
Control and Ecology Commission (APC&EC) is the
environmental policy-making body for Arkansas.
E:\FR\FM\30APR1.SGM
30APR1
]]>Agencies
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24213-24216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10122]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52
[EPA-R06-OAR-2014-0846; FRL-9927-10-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revisions to the State Implementation Plan; Stage I Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve revisions to the Texas State Implementation
Plan (SIP) related to Stage I Regulations that were submitted by the
State of Texas on November 12, 2014. The EPA evaluated the SIP
submittal from Texas and determined these revisions are consistent with
the requirements of the Clean Air Act (Act or CAA). The EPA is
approving this action under the federal CAA.
DATES: This direct final rule is effective on June 29, 2015 without
further notice, unless the EPA receives relevant adverse comment by
June 1, 2015. If the EPA receives such comment, the 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 ID No. EPA-R06-
OAR-2014-0846, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions.
(2) Email: Ms. Tracie Donaldson at donaldson.tracie@epa.gov.
(3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0846. 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 the 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 the 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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 the 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: Ms. Tracie Donaldson, (214) 665-6633,
donaldson.tracie@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214)
665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
A. CAA and SIPs
B. Why do we regulate VOCs?
C. What is Stage I Vapor Recovery?
D. SIP Revision Submitted on November 12, 2014
II. EPA's Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. CAA and SIPs
Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards (NAAQS). The NAAQS 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. The EPA-
approved SIP provisions and control strategies are federally
enforceable. States revise the SIP as needed and submit revisions to
the EPA for review and approval.
B. Why do we regulate VOCs?
Volatile Organic Compound is a term used to describe a class of
chemicals that react in the atmosphere in the presence of sunlight to
form ozone. Sources include vehicle exhaust, gasoline vapors, oil-based
paints and industrial operations. A regulatory definition of Volatile
Organic Compounds can be found at 40 CFR 51.100(s). The definition in
Texas can be found in 30 TAC 115.10. Oxygen in the atmosphere reacts
with VOCs and Oxides of Nitrogen to form ozone, a key component of
urban smog. Inhaling even low levels of ozone can trigger a variety of
health problems including chest pains, coughing, nausea, throat
irritation, and congestion. It also can worsen bronchitis and asthma.
Exposure to ozone can also reduce lung capacity in healthy adults.
C. What is Stage I Vapor Recovery?
Capturing the vapors from the gasoline station storage tanks as
tank-trucks fill these tanks, and returning the vapors to the tank-
truck 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. We are approving the vapor recovery requirements and the
vapor tightness requirements.
D. SIP Revision Submitted on November 12, 2014
On September 10, 2014, Texas Commission on Environmental Quality
(TCEQ) adopted revisions to 30 Texas Administrative Code (TAC) Chapter
115, Control of Air Pollution from Volatile Organic Compounds,
[[Page 24214]]
Subchapter A. Definitions and Subchapter C. Volatile Organic Compound
Transfer Operations. This review will determine if the changes to the
Texas SIP are consistent with the requirements of the Clean Air Act and
EPA's policy and guidance.
II. EPA's Evaluation
As detailed in the Technical Support Document (TSD) accompanying
this action, the TCEQ submitted a SIP revision to the Stage I
regulations found in 30 TAC 115, Subchapter A. Definitions and
Subchapter C. Volatile Organic Compound Transfer Operations. The TCEQ
adopted amended sections 115.10, 115.221, 115.222, 115.224-115.227 and
115.229 of 30 TAC Chapter 115, Control of Air Pollution from Volatile
Organic Compounds and corresponding revisions to the state
implementation plan. The revisions preserve existing Stage I testing
requirements in the 1997 ozone nonattainment counties and specify Stage
I testing requirements for gasoline dispensing facilities located in
the 12 ozone nonattainment counties and 4 ozone maintenance counties
that will be affected by the decommissioning of the Stage II vapor
recovery equipment rule revision and in the 95 counties that are
subject to the state Stage I rule but not Stage II requirements. The
adopted revisions also establish testing requirements that are more
consistent with federal Stage I testing in 40 CFR part 63, subpart
CCCCCC and are more appropriate for Stage I facilities.
Previously, in separate actions, we found that Texas' Stage I
regulations meet Reasonably Available Control Technology (RACT)
requirements for the 1997 ozone standard in Dallas-Fort Worth area
(January 14, 2009, 74 FR 1903) and for the Houston-Galveston-Brazoria
area (April 2, 2013, 63 FR 19599). The current revisions update RACT
where applicable for 1997 ozone nonattainment counties in Texas.
The revisions will enhance the EPA-approved SIP because they will
not result in any loss in emission reductions, will become more
enforceable with the test methods in place and will be more consistent
with the federal Stage I testing requirements; therefore, we are
approving them into the Texas SIP.
III. Final Action
For the reasons stated above and in the TSD, the EPA is taking
direct final action to approve revisions to the Texas SIP pertaining to
Stage I regulations at 30 TAC, Chapter 115, Subchapter A: Definitions,
Section 115.10 and Subchapter C, Division 2: Filling of Gasoline
Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities,
Sections 115.221, 115.222, 115.224-115.227 and 115.229, adopted on
September 10, 2014, and submitted as revisions to the Texas SIP on
November 12, 2014.
We are approving the revisions to the Texas SIP under section 110
of the Act. We are 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 June 29,
2015 without further notice unless we receive relevant adverse comment
by June 1, 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
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.
IV. Incorporation by Reference
In this direct final rule, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the Texas Stage I requirements described in the Final
Action section above. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
V. 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. 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 Order
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 Clean Air Act; and
does not provide the 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).
The SIP is not approved to apply on any Indian reservation land or in
any other area where the 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 and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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
[[Page 24215]]
Congress and to the Comptroller General of the United States. The EPA
will submit a report containing this action 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 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 June 29, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: April 22, 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 adding, in sequential order, the entry
for section 115.221; and revising the entries for sections 115.10,
115.222, 115.224 through 115.227, and 115.229 to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject approval/ EPA approval date Explanation
submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
115.10.................. Definitions........... 9/10/2014 4/30/2015 [Insert FR
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter C--Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
115.221................. Emission 9/10/2014 4/30/2015 [Insert FR
Specifications. citation].
115.222................. Control Requirements.. 9/10/2014 4/30/2015 [Insert FR
citation].
* * * * * * *
115.224................. Inspection 9/10/2014 4/30/2015 [Insert FR
Requirements. citation].
115.225................. Testing Requirements.. 9/10/2014 4/30/2015 [Insert FR
citation].
115.226................. Recordkeeping 9/10/2014 4/30/2015 [Insert FR
Requirements. citation].
115.227................. Exemptions............ 9/10/2014 4/30/2015 [Insert FR
citation].
115.229................. Counties and 9/10/2014 4/30/2015 [Insert FR
Compliance Schedules. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-10122 Filed 4-29-15; 8:45 am]
BILLING CODE 6560-50-P
