Approval and Promulgation of Implementation Plans; Texas; Revision To Control Volatile Organic Compound Emissions From Storage Tanks and Transport Vessels, 57302-57305 [2015-23379]
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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations
(2) The significant new use is use in
consumer textiles, other than for use in
motor vehicles.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Definitions. The definitions in
§ 721.3 apply to this section. In
addition, the following definitions
apply:
Consumer textile means any cloth,
fabric, or other item produced during a
milling process for textiles (including
spinning, weaving, knitting, felting, or
finishing), that is sold or made available
either as a product or as part of a
product, to a private individual who
uses it in or around a permanent or
temporary household or residence,
during recreation, or for any personal
use or enjoyment. Consumer textiles can
include, but are not limited to, bolts of
cloth and draperies, as well as textiles
that are part of upholstered household
furniture and mattresses.
Motor vehicle has the meaning found
at 40 CFR 85.1703.
(2) Revocation of article exemption.
The provisions of § 721.45(f) do not
apply to importers and processors of the
chemical substances identified in
paragraph (a)(1) of this section as part of
a textile.
[FR Doc. 2015–24178 Filed 9–22–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0079; FRL–9932–51–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Revision
To Control Volatile Organic Compound
Emissions From Storage Tanks and
Transport Vessels
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a Texas State
Implementation Plan (SIP) revision for
control of volatile organic compound
(VOC) emissions from degassing of
storage tanks, transport vessels and
marine vessels. The revision reformats
the existing requirement to comply with
current rule writing standards, adds
additional control options for owner/
operators to use when complying,
clarifies the monitoring and testing
requirements of the rule, and makes
non-substantive changes to VOC control
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SUMMARY:
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provisions that apply in the BeaumontPort Arthur (BPA) nonattainment area
(Hardin, Jefferson and Orange Counties),
four counties in the Dallas-Fort Worth
(DFW) nonattainment area (Collin,
Dallas, Denton and Tarrant Counties), El
Paso County, and the HoustonGalveston-Brazoria (HGB)
nonattainment area (Brazoria,
Chambers, Fort Bend, Galveston, Harris,
Liberty, Montgomery and Waller
Counties).
The EPA is also making a ministerial
correction to the Code of Federal
Regulations (CFR) to accurately reflect
approved SIP revisions that pertain to
Stage II control of VOCs from gasoline
dispensing facilities in Texas.
DATES: This final rule is effective on
October 23, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0079. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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 through https://
www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert M. Todd, (214) 665–2156,
todd.robert@epa.gov. To inspect the
hard copy materials, please contact Mr.
Todd or Mr. Bill Deese (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
The background for this action is
discussed in detail in our May 13, 2015
direct final rule and proposal (80 FR
27251 and 80 FR 27275). In the direct
final rule we approved a SIP submission
revising the rules for controlling VOC
emissions from degassing of storage
tanks, transport vessels and marine
vessels. The Texas rule revisions were
adopted by the state on January 26, 2011
and submitted to us on February 18,
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2011. The revisions submitted by the
Texas Commission on Environmental
Quality (TCEQ) apply to Brazoria,
Chambers, Collin, Dallas, Denton, El
Paso, Fort Bend, Galveston, Hardin,
Harris, Jefferson, Liberty, Montgomery,
Orange, Tarrant and Waller Counties.
Our May 13, 2015 rule and proposal
stated that if any relevant adverse
comments were received by the end of
the public comment period on June 12,
2015, the direct final rule would be
withdrawn and we would respond to
the comments in a subsequent final
action. Relevant adverse comments were
received during the comment period,
and the direct final rule was withdrawn
on June 30, 2015 (80 FR 37161). Our
May 13, 2015 proposal provides the
basis for this final action.
Also, on March 17, 2014 we approved
revisions to the Texas SIP pertaining to
Stage II control of VOCs from gasoline
stations (79 FR 14611). Included in the
approved revisions was removal of
sections 115.247 and 115.249 from the
TX SIP. In that document, however, we
did not update the CFR to show that 30
TAC 115.247 and 115.249 were removed
from the SIP. We are using the
opportunity of this final rule to correct
this oversight.
We received comments on our May
13, 2015 proposal from two
commenters. Our response to the
comments are below.
II. Response to Comments
Comment: The first commenter stated
it would be impractical, and possibly
unreasonable, to require industry to
comply with the state regulations unless
the state took the needs of individual
sources into account and helped them to
comply.
Response: The commenter fails to
specify how and why the submitted
revisions would be impractical. In
addition, these revisions merely modify
and clarify existing rules which have
been implemented for several years.
Requirements to control degassing
emissions, for example, low-leaking
tank fittings on some control options,
monitoring control effectiveness and
reporting compliance from degassing
operations were first implemented in
HGB and BPA (62 FR 27964, May 22,
1997). In DFW and El Paso County,
these rules were adopted as contingency
measures under the 1-hour ozone
standard (62 FR 27964). The Texas
Commission on Environmental Quality
has been successfully implementing
these degassing regulations in Brazoria,
Chambers, Fort Bend, Galveston,
Hardin, Harris, Jefferson, Liberty,
Montgomery, Orange, and Waller
Counties for several years and we
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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations
haven’t received any information that
supports the notion that compliance is
overly burdensome in these counties.
There is no documented evidence of
owner/operators of marine vessels
finding these rules impractical. The
revisions also make changes to provide
additional flexibility for affected owners
and operators allowing for the use of
alternative control options such as the
use of a recirculation system, with
appropriate monitoring to assure the
effectiveness of the system or an option
that allows the operator to demonstrate
compliance by limiting the VOC
concentration at the outlet of a control
device to less than 500 parts per million
(by volume).
Sources in Collin, Dallas, Denton, El
Paso and Tarrant Counties have been
aware of the possibility these
regulations might affect them for some
years and the state has been
implementing them in Collin, Dallas,
Denton and Tarrant counties since
February 18, 2011. We have not
received any indication that sources in
these areas are not able to comply with
the degassing requirements. TCEQ also
submitted these revisions for public
comment and notice so the public had
ample opportunity to comment on these
revisions during the state’s rulemaking
process.
Comment: The second commenter
stated we could not approve the
degassing rules as reasonably achievable
control technology (RACT) for Marine
Vessel Loading Operations subject to the
40 CFR part 63, subpart Y, Marine
Vessel Loading Maximum Available
Control Technology (MACT) standard
because that federal rule defines RACT
for this source category more stringently
than the Texas regulations. RACT in
part 63, subpart Y is defined as 95%
control of volatile organic compound
(VOC) emissions when using a recovery
device and 98% control when using a
combustion device. The RACT levels we
previously approved in Texas’s affected
counties is 90% control of VOC
emissions.
Response: The federal regulation the
commenter cites, 40 CFR part 63,
subpart Y, is not applicable to degassing
operations. The Marine Vessel Loading
Operations MACT standard does
contain a RACT requirement defining
the VOC control efficiencies that
affected sources must achieve while
performing marine loading operations.
40 CFR 63.561 defines marine loading
operations as any operation under
which a commodity is bulk loaded onto
a marine tank vessel from a terminal,
which may include the loading of
multiple marine tank vessels during one
loading operation. However, the
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submitted revisions do not address any
operations which can be described as
operations in which a commodity is
bulk loaded onto a marine tank vessel
from a terminal, or may include the
loading of multiple marine tank vessels
during one loading operation. The
submitted revision only addresses
operations that occur during the
degassing, cleaning or vessel
maintenance activities covered by the
Texas regulation.1 The proposed
revision, 30 TAC Sec. 115.540, defines
degassing as the process of removing
volatile organic vapor from a storage
tank, transport vessel, or marine vessel.
Degassing operations do not involve
loading of a bulk commodity and do not
include marine loading operations as
defined by 40 CFR 63.561. Therefore,
subpart Y is not applicable to the
operations or activity covered by the
submitted revisions. Therefore, the
commenters concern that RACT as
defined in the 40 CFR part 63, subpart
Y won’t be met in the Texas SIP action
is unfounded. Inclusion of the Texas
degassing rule in the Texas SIP is
appropriate under these circumstances
and effectively reduces VOC emissions
from these sources.
III. Final Action
We are approving a Texas SIP revision
for control of VOC emissions from
storage tank, transport vessel and
marine vessel degassing operations
adopted on January 26, 2011, and
submitted on February 18, 2011.
Specifically, we are approving revisions
to 30 TAC 115 at sections 115.540–
115.547 and 115.549. The revisions (1)
reformat the existing rule to simplify
and clarify rule requirements; (2)
modify VOC control requirements in
Brazoria, Chambers, Collin, Dallas,
Denton, El Paso, Fort Bend, Galveston,
Hardin, Harris, Jefferson, Liberty,
Montgomery, Orange, Tarrant and
Waller Counties; (3) make changes to
provide additional flexibility for
affected owners and operators allowing
for the use of alternative control
options; and (4) make non-substantive
changes to VOC control provisions that
apply in Brazoria, Chambers, Collin,
Dallas, Denton, El Paso, Fort Bend,
Galveston, Hardin, Harris, Jefferson,
Liberty, Montgomery, Orange, Tarrant
and Waller Counties.
1 40 CFR 63.562(c) sates the RACT level of control
applies to vapor tight marine vessel with a vapor
collection system designed to collect VOC vapors
displaced from marine tank vessels during loading
operations. 40 CFR 63.531 defines marine tank
vessel loading operation as any operation under
which a commodity if bulk loaded onto a marine
tank vessel from a terminal.
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57303
We are also making a ministerial
correction to the table in 40 CFR
52.2270(c) to accurately reflect the
revisions to Stage II control of VOCs
approved into the Texas SIP on March
17, 2014 (79 FR 14611).
IV. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the Texas regulations as
described in the Final Action section
above. We have 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 Clean Air Act, 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 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);
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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations
• 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).
In addition, 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 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 November 23,
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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 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
removing the entries for Sections
115.247 and 115.249, adding an entry
for Section 115.540, and revising the
entries for sections 115.541 through
115.547 and 115.549 to 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
*
Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds
*
*
*
*
*
*
*
*
*
Subchapter F—Miscellaneous Industrial Sources
*
*
*
*
*
Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
Applicability and Definitions ........................................
1/26/2011
Section 115.541 ................
Emission Specifications ..............................................
1/26/2011
Section 115.542 ................
Control Requirements .................................................
1/26/2011
Section 115.543 ................
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Section 115.540 ................
Alternate control Requirements ..................................
1/26/2011
Section 115.544 ................
Inspection, Monitoring, and Testing Requirements ....
1/26/2011
Section 115.545 ................
Approved Test Methods .............................................
1/26/2011
Section 115.546 ................
Recordkeeping and Notification Requirements ..........
1/26/2011
Section 115.547 ................
Exemptions .................................................................
1/26/2011
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
Submittal date
State citation
Title/Subject
Section 115.549 ................
Compliance Schedules ...............................................
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[FR Doc. 2015–23379 Filed 9–22–15; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 502
[Docket No. 15–09]
RIN 3072—AC62
Amendments to Rules of Practice and
Procedure Governing Time and
Service in Adjudicatory Proceedings
Federal Maritime Commission.
Direct final rule; request for
comments.
AGENCY:
ACTION:
The Federal Maritime
Commission proposes to amend its rules
of practice and procedure concerning
time and service in adjudicative
proceedings. These revisions improve
consistency across various processes
and increase efficiency for parties to
proceedings.
SUMMARY:
This rule is effective November
30, 2015, without further action, unless
significant adverse comments are filed
prior to October 30, 2015. If significant
adverse comment is received the
Federal Maritime Commission will
publish a timely withdrawal in the
Federal Register.
ADDRESSES: You may submit comments,
identified by the docket number in the
heading of this document, by any of the
following methods:
• Email: secretary@fmc.gov. Include
in the subject line: ‘‘Docket No. 15–09,
Comments on Amendments to Rules of
Practice and Procedure Governing Time
and Service.’’ Comments should be
attached to the email as a Microsoft
Word or text-searchable PDF document.
Comments containing confidential
information should not be submitted by
email.
• Mail: Karen V. Gregory, Secretary,
Federal Maritime Commission, 800
North Capitol Street NW., Washington,
DC 20573–0001.
• Docket: To read background
documents or comments received in
response to this docket, go to: https://
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DATES:
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*
1/26/2011
EPA approval date
Explanation
9/23/2015 [Insert Federal
Register citation].
*
*
*
www.fmc.gov/electronic_reading_room/
proceeding_or_inquiry_log_search.aspx;
and select Docket No. 15–09 from the
list of docket logs provided.
FOR FURTHER INFORMATION CONTACT:
Karen V. Gregory, Secretary, Federal
Maritime Commission, 800 North
Capitol Street NW., Washington, DC
20573–0001. Phone: (202) 523–5725.
Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION: The
Federal Maritime Commission (FMC or
Commission) is amending its rules of
practice and procedure concerning time
and service in adjudicatory proceedings.
enlarge time. As amended, § 502.102
would require that a party must have
‘‘reasonable grounds’’ for failing to file
a motion for enlargement of time at least
seven (7) days before the filing due date.
Section 502.104 is similarly amended.
Rules on enlargement of time to file
briefs and exceptions found at
§§ 502.222 and 502.228 are amended
because new § 502.102 covers the
relevant requirements. Section 502.319
is revised to duplicate the requirements
of § 502.102 to apply to formal
procedures for adjudication of small
claims.
Computation of Time
Currently the rules set out a variety of
different formulas and conventions for
computing time. Section 502.101 of
Subpart G specifies that in computing
periods of time under the rules,
Saturdays, Sundays, and holidays
should be counted, but that ‘‘[w]hen the
period of time prescribed or allowed is
less than seven (7) days, intermediate
Saturdays, Sundays, or national
holidays shall be excluded from the
computation.’’ Throughout part 502
various sections reference a five (5) day
deadline but do not cross-reference
§ 502.101, which may create confusion.
For consistency and to streamline and
simplify the rules, the provision
excluding weekends and holidays when
a deadline is less than seven (7) days is
removed, and all 5-day periods set out
in part 502 are extended to seven (7)
days. Consequently, all time periods
will be calculated in the same manner
by counting calendar days inclusive of
weekends and holidays. In addition,
language in § 502.101 is simplified to
provide that ‘‘[i]f the last day is a
Saturday, Sunday or federal holiday, the
period continues to the next day that is
not a Saturday, Sunday or federal
holiday.’’
Subpart G is also revised to simplify
the structure of the rules. For example,
the rules for enlargement and reduction
of time to file documents currently
found in §§ 502.102 and 502.103 are
consolidated into § 502.102. Section
502.102 is also amended to reflect
current Commission practice and
standards for granting motions to
Service of Documents
The service rules in Subpart H are
revised to add references to service by
email, and to encourage parties
consistently to use of the same manner
of service between parties, as that used
to file documents with the Commission.
The service rules are also rewritten and
reorganized for clarity and ease of use.
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Regulatory Analysis and Notices
Regulatory Flexibility Act
This direct final rule is not a ‘‘major
rule’’ under 5 U.S.C. 804(2). No notice
of proposed rulemaking is required;
therefore, the provisions of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., do not apply.
Paperwork Reduction Act
The Paperwork Reduction Act of
1995, 44 U.S.C. 3501–3521, requires an
agency to seek and receive approval
from the Office of Management and
Budget (OMB) before making most
requests for information if the agency is
requesting information from more than
ten persons. 44 U.S.C. 3507. The agency
must submit collections of information
in proposed rules to OMB in
conjunction with the publication of the
proposed rulemaking. 5 CFR 1320.11.
The Commission is not proposing any
collections of information, as defined by
44 U.S.C. 3502(3) and 5 CFR 1320.3(c),
as part of this rule.
Regulation Identifier Number
The Commission assigns a regulation
identifier number (RIN) to each
regulatory action listed in the Unified
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]]>Agencies
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57302-57305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23379]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2011-0079; FRL-9932-51-Region 6]
Approval and Promulgation of Implementation Plans; Texas;
Revision To Control Volatile Organic Compound Emissions From Storage
Tanks and Transport Vessels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a Texas
State Implementation Plan (SIP) revision for control of volatile
organic compound (VOC) emissions from degassing of storage tanks,
transport vessels and marine vessels. The revision reformats the
existing requirement to comply with current rule writing standards,
adds additional control options for owner/operators to use when
complying, clarifies the monitoring and testing requirements of the
rule, and makes non-substantive changes to VOC control provisions that
apply in the Beaumont-Port Arthur (BPA) nonattainment area (Hardin,
Jefferson and Orange Counties), four counties in the Dallas-Fort Worth
(DFW) nonattainment area (Collin, Dallas, Denton and Tarrant Counties),
El Paso County, and the Houston-Galveston-Brazoria (HGB) nonattainment
area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery and Waller Counties).
The EPA is also making a ministerial correction to the Code of
Federal Regulations (CFR) to accurately reflect approved SIP revisions
that pertain to Stage II control of VOCs from gasoline dispensing
facilities in Texas.
DATES: This final rule is effective on October 23, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2011-0079. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 through https://www.regulations.gov or
in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Todd, (214) 665-2156,
todd.robert@epa.gov. To inspect the hard copy materials, please contact
Mr. Todd or Mr. Bill Deese (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
The background for this action is discussed in detail in our May
13, 2015 direct final rule and proposal (80 FR 27251 and 80 FR 27275).
In the direct final rule we approved a SIP submission revising the
rules for controlling VOC emissions from degassing of storage tanks,
transport vessels and marine vessels. The Texas rule revisions were
adopted by the state on January 26, 2011 and submitted to us on
February 18, 2011. The revisions submitted by the Texas Commission on
Environmental Quality (TCEQ) apply to Brazoria, Chambers, Collin,
Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris,
Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties.
Our May 13, 2015 rule and proposal stated that if any relevant
adverse comments were received by the end of the public comment period
on June 12, 2015, the direct final rule would be withdrawn and we would
respond to the comments in a subsequent final action. Relevant adverse
comments were received during the comment period, and the direct final
rule was withdrawn on June 30, 2015 (80 FR 37161). Our May 13, 2015
proposal provides the basis for this final action.
Also, on March 17, 2014 we approved revisions to the Texas SIP
pertaining to Stage II control of VOCs from gasoline stations (79 FR
14611). Included in the approved revisions was removal of sections
115.247 and 115.249 from the TX SIP. In that document, however, we did
not update the CFR to show that 30 TAC 115.247 and 115.249 were removed
from the SIP. We are using the opportunity of this final rule to
correct this oversight.
We received comments on our May 13, 2015 proposal from two
commenters. Our response to the comments are below.
II. Response to Comments
Comment: The first commenter stated it would be impractical, and
possibly unreasonable, to require industry to comply with the state
regulations unless the state took the needs of individual sources into
account and helped them to comply.
Response: The commenter fails to specify how and why the submitted
revisions would be impractical. In addition, these revisions merely
modify and clarify existing rules which have been implemented for
several years. Requirements to control degassing emissions, for
example, low-leaking tank fittings on some control options, monitoring
control effectiveness and reporting compliance from degassing
operations were first implemented in HGB and BPA (62 FR 27964, May 22,
1997). In DFW and El Paso County, these rules were adopted as
contingency measures under the 1-hour ozone standard (62 FR 27964). The
Texas Commission on Environmental Quality has been successfully
implementing these degassing regulations in Brazoria, Chambers, Fort
Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery,
Orange, and Waller Counties for several years and we
[[Page 57303]]
haven't received any information that supports the notion that
compliance is overly burdensome in these counties. There is no
documented evidence of owner/operators of marine vessels finding these
rules impractical. The revisions also make changes to provide
additional flexibility for affected owners and operators allowing for
the use of alternative control options such as the use of a
recirculation system, with appropriate monitoring to assure the
effectiveness of the system or an option that allows the operator to
demonstrate compliance by limiting the VOC concentration at the outlet
of a control device to less than 500 parts per million (by volume).
Sources in Collin, Dallas, Denton, El Paso and Tarrant Counties
have been aware of the possibility these regulations might affect them
for some years and the state has been implementing them in Collin,
Dallas, Denton and Tarrant counties since February 18, 2011. We have
not received any indication that sources in these areas are not able to
comply with the degassing requirements. TCEQ also submitted these
revisions for public comment and notice so the public had ample
opportunity to comment on these revisions during the state's rulemaking
process.
Comment: The second commenter stated we could not approve the
degassing rules as reasonably achievable control technology (RACT) for
Marine Vessel Loading Operations subject to the 40 CFR part 63, subpart
Y, Marine Vessel Loading Maximum Available Control Technology (MACT)
standard because that federal rule defines RACT for this source
category more stringently than the Texas regulations. RACT in part 63,
subpart Y is defined as 95% control of volatile organic compound (VOC)
emissions when using a recovery device and 98% control when using a
combustion device. The RACT levels we previously approved in Texas's
affected counties is 90% control of VOC emissions.
Response: The federal regulation the commenter cites, 40 CFR part
63, subpart Y, is not applicable to degassing operations. The Marine
Vessel Loading Operations MACT standard does contain a RACT requirement
defining the VOC control efficiencies that affected sources must
achieve while performing marine loading operations. 40 CFR 63.561
defines marine loading operations as any operation under which a
commodity is bulk loaded onto a marine tank vessel from a terminal,
which may include the loading of multiple marine tank vessels during
one loading operation. However, the submitted revisions do not address
any operations which can be described as operations in which a
commodity is bulk loaded onto a marine tank vessel from a terminal, or
may include the loading of multiple marine tank vessels during one
loading operation. The submitted revision only addresses operations
that occur during the degassing, cleaning or vessel maintenance
activities covered by the Texas regulation.\1\ The proposed revision,
30 TAC Sec. 115.540, defines degassing as the process of removing
volatile organic vapor from a storage tank, transport vessel, or marine
vessel. Degassing operations do not involve loading of a bulk commodity
and do not include marine loading operations as defined by 40 CFR
63.561. Therefore, subpart Y is not applicable to the operations or
activity covered by the submitted revisions. Therefore, the commenters
concern that RACT as defined in the 40 CFR part 63, subpart Y won't be
met in the Texas SIP action is unfounded. Inclusion of the Texas
degassing rule in the Texas SIP is appropriate under these
circumstances and effectively reduces VOC emissions from these sources.
---------------------------------------------------------------------------
\1\ 40 CFR 63.562(c) sates the RACT level of control applies to
vapor tight marine vessel with a vapor collection system designed to
collect VOC vapors displaced from marine tank vessels during loading
operations. 40 CFR 63.531 defines marine tank vessel loading
operation as any operation under which a commodity if bulk loaded
onto a marine tank vessel from a terminal.
---------------------------------------------------------------------------
III. Final Action
We are approving a Texas SIP revision for control of VOC emissions
from storage tank, transport vessel and marine vessel degassing
operations adopted on January 26, 2011, and submitted on February 18,
2011. Specifically, we are approving revisions to 30 TAC 115 at
sections 115.540-115.547 and 115.549. The revisions (1) reformat the
existing rule to simplify and clarify rule requirements; (2) modify VOC
control requirements in Brazoria, Chambers, Collin, Dallas, Denton, El
Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty,
Montgomery, Orange, Tarrant and Waller Counties; (3) make changes to
provide additional flexibility for affected owners and operators
allowing for the use of alternative control options; and (4) make non-
substantive changes to VOC control provisions that apply in Brazoria,
Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston,
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and
Waller Counties.
We are also making a ministerial correction to the table in 40 CFR
52.2270(c) to accurately reflect the revisions to Stage II control of
VOCs approved into the Texas SIP on March 17, 2014 (79 FR 14611).
IV. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have 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 Clean Air Act, 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 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);
[[Page 57304]]
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).
In addition, 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 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 November 23, 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 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 removing the entries for Sections 115.247
and 115.249, adding an entry for Section 115.540, and revising the
entries for sections 115.541 through 115.547 and 115.549 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 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter F--Miscellaneous Industrial Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.540................ Applicability and 1/26/2011 9/23/2015 [Insert ...................
Definitions. Federal Register
citation].
Section 115.541................ Emission Specifications 1/26/2011 9/23/2015 [Insert ...................
Federal Register
citation].
Section 115.542................ Control Requirements... 1/26/2011 9/23/2015 [Insert ...................
Federal Register
citation].
Section 115.543................ Alternate control 1/26/2011 9/23/2015 [Insert ...................
Requirements. Federal Register
citation].
Section 115.544................ Inspection, Monitoring, 1/26/2011 9/23/2015 [Insert ...................
and Testing Federal Register
Requirements. citation].
Section 115.545................ Approved Test Methods.. 1/26/2011 9/23/2015 [Insert ...................
Federal Register
citation].
Section 115.546................ Recordkeeping and 1/26/2011 9/23/2015 [Insert ...................
Notification Federal Register
Requirements. citation].
Section 115.547................ Exemptions............. 1/26/2011 9/23/2015 [Insert ...................
Federal Register
citation].
[[Page 57305]]
Section 115.549................ Compliance Schedules... 1/26/2011 9/23/2015 [Insert ...................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-23379 Filed 9-22-15; 8:45 am]
BILLING CODE 6560-50-P
