Approval and Promulgation of Implementation Plans; Texas; Low Reid Vapor Pressure Fuel Regulations, 42730-42733 [2015-17743]
Download as PDF
<![CDATA[
42730
Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
citation
State
approval/
Submittal date
Title/Subject
*
*
*
EPA Approval date
*
Explanation
*
*
*
Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
Subchapter A—Definitions
*
Section 116.13 .....
*
*
Flexible Permit Definitions ...........
*
*
*
*
7/31/2014 7/20/2015 [Insert Federal Register citation].
*
*
*
*
*
*
*
Subchapter G—Flexible Permits
Section 116.710 ...
Applicability ..................................
7/31/2014
Section 116.711 ...
Flexible Permit Application ..........
7/31/2014
*
Section 116.715 ...
*
*
General and Special Conditions ..
Section 116.716 ...
Emission Caps and Individual
Emission Limitations.
Implementation Schedule for Additional Controls.
Significant Emission Increase ......
*
*
7/31/2014 7/20/2015 [Insert Federal
ister citation].
7/31/2014 7/20/2015 [Insert Federal
ister citation].
7/31/2014 7/20/2015 [Insert Federal
ister citation].
7/31/2014 7/20/2015 [Insert Federal
ister citation].
7/31/2014 7/20/2015 [Insert Federal
ister citation].
7/31/2014 7/20/2015 [Insert Federal
ister citation].
Section 116.717 ...
Section 116.718 ...
Section 116.720 ...
Section 116.721 ...
Limitation on Physical and Operational Changes.
Amendments and Alterations .......
*
Section 116.740 ...
*
*
Public Notice and Comment ........
Section 116.750 ...
Flexible Permit Fee ......................
*
Section 116.765 ...
*
*
Compliance Schedule ..................
*
*
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES
40 CFR Part 52
[EPA–R06–OAR–2015–0027; FRL–9930–79–
Region–6]
Approval and Promulgation of
Implementation Plans; Texas; Low
Reid Vapor Pressure Fuel Regulations
VerDate Sep<11>2014
16:02 Jul 17, 2015
Jkt 235001
Direct final rule.
The EPA is taking a direct
final action to approve revisions to the
Texas State Implementation Plan (SIP)
related to Low Reid Vapor Pressure
(RVP) Fuel Regulations that were
submitted by the State of Texas on
January 5, 2015. 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.
This direct final rule is effective
on September 18, 2015 without further
notice, unless the EPA receives relevant
PO 00000
RegRegReg-
*
DATES:
Environmental Protection
Agency (EPA).
AGENCY:
Reg-
*
*
SIP includes 30 TAC Section
116.765(b) and (c).
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
Reg-
*
*
7/31/2014 7/20/2015 [Insert Federal Register citation].
[FR Doc. 2015–17472 Filed 7–17–15; 8:45 am]
BILLING CODE 6560–50–P
*
*
SIP includes 30 TAC 116.715(a)–
(e) and (f)(1) and (2)(B)
*
*
SIP includes 30 TAC Section
116.740(a).
*
ACTION:
Reg-
SIP includes 30 TAC 116.711(1),
(2)(A), (B) and (C)(i) and (ii),
(D)–(J), and (L)–(N)
*
*
7/31/2014 7/20/2015 [Insert Federal Register citation].
7/31/2014 7/20/2015 [Insert Federal Register citation].
*
*
7/20/2015 [Insert Federal Register citation].
7/20/2015 [Insert Federal Register citation].
Frm 00024
Fmt 4700
Sfmt 4700
*
*
adverse comment August 19, 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–2015–0027, 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.
E:\FR\FM\20JYR1.SGM
20JYR1
Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2015–
0027. 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).
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.
mstockstill on DSK4VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
VerDate Sep<11>2014
16:02 Jul 17, 2015
Jkt 235001
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. SIP Revision Submitted on January 5,
2015
On September 10, 2014, Texas
Commission on Environmental Quality
(TCEQ) adopted revisions to 30 Texas
Administrative Code (TAC) Chapter
114, Control of Air Pollution from Motor
Vehicles, Subchapter H. Low Emission
Fuels, Division 1. Gasoline Volatility.
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 Low RVP Fuels
regulations. In this adoption, TCEQ
amended sections 114.306, 114.307,
114.309 and deleted section 114.304.
The amendments to the Regional Low
RVP Gasoline Regulations remove
obsolete requirements that provide no
benefit to the state and are not necessary
for the implementation and enforcement
of the primary gasoline volatility control
requirements of the rule. In addition,
the proposal would provide regulatory
consistency between the Chapter 114
gasoline volatility requirements and the
El Paso Low RVP Gasoline
requirements, specified in the 30 TAC
Chapter 115 regulations in §§ 115.252,
115.253, 115.255–115.257, and 115.259,
which do not prohibit the use of MTBE
and do not require registration and
annual reporting.
In addition, pursuant to section
110(k)(6) of the CAA, 30 TAC section
114.306(c) is being removed from the
SIP. This section was inadvertently
approved into the SIP by a previous
action. In its April 25, 2000 SIP
submittal, Texas specifically asked us to
not include 114.306(c) into the SIP, but
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
42731
we included it in the SIP on April 26,
2001 (66 FR 20927, 20931). Our action
today corrects this error by removing
section 114.306(c) from the SIP.
The amendments remove the
prohibition on the increased use of
methyl-tertiary-butyl-ether (MTBE) in
gasoline to conform to the low RVP
gasoline requirements; remove the
requirements for gasoline producers and
importers that supply low RVP gasoline
to the affected counties; remove annual
reporting and certification requirements
on the use of MTBE in low RVP
gasoline; and make other nonsubstantive clarifying changes as needed
for accuracy and consistency.
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 Low RVP Fuel
regulations. We are approving the
revisions to the Texas SIP under section
110 of the Act. Each revision to an
implementation plan submitted by a
State under this chapter shall be
adopted by such State after reasonable
notice and public hearing. The
Administrator shall not approve a
revision of a plan if the revision would
interfere with any applicable
requirement concerning attainment and
reasonable further progress. 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 September
18, 2015 without further notice unless
we receive relevant adverse comment by
August 19, 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
E:\FR\FM\20JYR1.SGM
20JYR1
42732
Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Texas
low RVP fuel 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 EPA Region 6 office.
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 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 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
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 18, 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,
Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 7, 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 removing the
entry for section 114.304 and revising
the entries for sections 114.306, 114.307
and 114.309 to read as follows:
■
§ 52.2270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State citation
*
mstockstill on DSK4VPTVN1PROD with RULES
State
approval/
submittal
date
Title/Subject
*
EPA
approval
date
*
*
Explanation
*
*
Chapter 114—Control of Air Pollution From Motor Vehicle Fuels
VerDate Sep<11>2014
16:02 Jul 17, 2015
Jkt 235001
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
E:\FR\FM\20JYR1.SGM
20JYR1
*
42733
Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State citation
State
approval/
submittal
date
Title/Subject
*
*
EPA
approval
date
*
*
Explanation
*
*
*
Subchapter H—Low Emission Fuels
Division 1: Gasoline Volatility
*
114.306 ........
114.307 ........
114.309 ........
*
Recordkeeping Requirements.
Exemptions .......................
Affected Counties .............
*
*
*
*
*
*
4/26/2001, 66 FR 20927 .............................................
9/10/2014
9/10/2014
7/20/2015, [Insert Federal Register citation] .............
7/20/2015, [Insert Federal Register citation] .............
*
*
*
*
*
[FR Doc. 2015–17743 Filed 7–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0368; FRL–9930–76–
Region 4]
Approval and Promulgation of
Implementation Plans; North Carolina;
Nitrogen Dioxide and Sulfur Dioxide
National Ambient Air Quality
Standards Changes
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the State
Implementation Plan (SIP) revision
submitted by the State of North
Carolina, through the North Carolina
Department of Environment and Natural
Resources on August 13, 2012,
pertaining to definition changes for the
Nitrogen Dioxide (NO2) and Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). EPA is
approving this SIP revision because the
State has demonstrated that it is
consistent with the Clean Air Act (CAA
or Act).
DATES: This direct final rule is effective
on September 18, 2015 without further
notice, unless EPA receives relevant
adverse comment by August 19, 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 ID No. EPA–R04–
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
*
4/25/2000
VerDate Sep<11>2014
16:02 Jul 17, 2015
Jkt 235001
*
*
OAR–2015–0368, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–0368’’
Air Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s 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–R04–OAR–2015–
0368’’. 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 through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
*
*
Not in SIP: 114.306(c)
*
‘‘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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
E:\FR\FM\20JYR1.SGM
20JYR1
]]>Agencies
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Rules and Regulations]
[Pages 42730-42733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17743]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0027; FRL-9930-79-Region-6]
Approval and Promulgation of Implementation Plans; Texas; Low
Reid Vapor Pressure Fuel Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking a direct final action to approve revisions
to the Texas State Implementation Plan (SIP) related to Low Reid Vapor
Pressure (RVP) Fuel Regulations that were submitted by the State of
Texas on January 5, 2015. 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 September 18, 2015
without further notice, unless the EPA receives relevant adverse
comment August 19, 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-2015-0027, 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.
[[Page 42731]]
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2015-0027. 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.
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. SIP Revision Submitted on January 5, 2015
On September 10, 2014, Texas Commission on Environmental Quality
(TCEQ) adopted revisions to 30 Texas Administrative Code (TAC) Chapter
114, Control of Air Pollution from Motor Vehicles, Subchapter H. Low
Emission Fuels, Division 1. Gasoline Volatility. 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 Low RVP Fuels
regulations. In this adoption, TCEQ amended sections 114.306, 114.307,
114.309 and deleted section 114.304. The amendments to the Regional Low
RVP Gasoline Regulations remove obsolete requirements that provide no
benefit to the state and are not necessary for the implementation and
enforcement of the primary gasoline volatility control requirements of
the rule. In addition, the proposal would provide regulatory
consistency between the Chapter 114 gasoline volatility requirements
and the El Paso Low RVP Gasoline requirements, specified in the 30 TAC
Chapter 115 regulations in Sec. Sec. 115.252, 115.253, 115.255-
115.257, and 115.259, which do not prohibit the use of MTBE and do not
require registration and annual reporting.
In addition, pursuant to section 110(k)(6) of the CAA, 30 TAC
section 114.306(c) is being removed from the SIP. This section was
inadvertently approved into the SIP by a previous action. In its April
25, 2000 SIP submittal, Texas specifically asked us to not include
114.306(c) into the SIP, but we included it in the SIP on April 26,
2001 (66 FR 20927, 20931). Our action today corrects this error by
removing section 114.306(c) from the SIP.
The amendments remove the prohibition on the increased use of
methyl-tertiary-butyl-ether (MTBE) in gasoline to conform to the low
RVP gasoline requirements; remove the requirements for gasoline
producers and importers that supply low RVP gasoline to the affected
counties; remove annual reporting and certification requirements on the
use of MTBE in low RVP gasoline; and make other non-substantive
clarifying changes as needed for accuracy and consistency.
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
Low RVP Fuel regulations. We are approving the revisions to the Texas
SIP under section 110 of the Act. Each revision to an implementation
plan submitted by a State under this chapter shall be adopted by such
State after reasonable notice and public hearing. The Administrator
shall not approve a revision of a plan if the revision would interfere
with any applicable requirement concerning attainment and reasonable
further progress. 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
September 18, 2015 without further notice unless we receive relevant
adverse comment by August 19, 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
[[Page 42732]]
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Texas
low RVP fuel 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 EPA Region 6 office.
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 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 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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 18, 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, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: July 7, 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 removing the entry for section 114.304
and revising the entries for sections 114.306, 114.307 and 114.309 to
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 114--Control of Air Pollution From Motor Vehicle Fuels
----------------------------------------------------------------------------------------------------------------
[[Page 42733]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter H--Low Emission Fuels
----------------------------------------------------------------------------------------------------------------
Division 1: Gasoline Volatility
----------------------------------------------------------------------------------------------------------------
* * * * * * *
114.306............... Recordkeeping 4/25/2000 4/26/2001, 66 FR 20927.... Not in SIP:
Requirements. 114.306(c)
114.307............... Exemptions........... 9/10/2014 7/20/2015, [Insert Federal .....................
Register citation].
114.309............... Affected Counties.... 9/10/2014 7/20/2015, [Insert Federal .....................
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-17743 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P
