[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Rules and Regulations]
[Pages 68480-68483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19991]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0016; FRL-8248-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revisions to Reid Vapor Pressure Requirements for Gasoline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving Texas State 
Implementation Plan (SIP) revisions. The revisions pertain to Reid 
Vapor Pressure (RVP) requirements for gasoline. The revisions add 
exemptions to RVP requirements for research laboratories and academic 
institutions, competition racing, and gasoline that is being stored or 
transferred that is not used in the affected counties. The revisions 
also reduce recordkeeping requirements for retail gasoline dispensing 
outlets in the affected counties, and correct a typographical error. We 
are approving the revisions pursuant to section 110 and part D of the 
Federal Clean Air Act (CAA).

DATES: This rule is effective on January 26, 2007 without further 
notice, unless EPA receives adverse comment by December 27, 2006. If 
EPA receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0016, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Thomas Diggs at [email protected]. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0016. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail 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

[[Page 68481]]

of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. The file will be made available by 
appointment for public inspection in the Region 6 FOIA Review Room 
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, State/Oversight 
Section (6PD-O), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7247; 
fax number 214-665-7263; e-mail address [email protected].

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

Outline

I. What Is a SIP?
II. What Action Is EPA Taking?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that state air quality 
meets the NAAQS established by EPA. These ambient standards are 
established under section 109 of the CAA, and they currently address 
six criteria pollutants. These pollutants are: Carbon monoxide, 
nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.
    Each state which contains areas that are not attaining the NAAQS 
must submit these regulations and control strategies to us for approval 
and incorporation into the federally-enforceable SIP.
    Each federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

II. What Action Is EPA Taking?

    We are taking direct final action to approve revisions to the Texas 
SIP that pertain to regulations on gasoline RVP submitted by the State 
on October 4, 2001. The Texas RVP regulations were originally approved 
into the SIP by EPA on April 26, 2001 (66 FR 20927). The regulations 
are part of the State strategy to achieve the NAAQS for ozone in the 
Houston/Galveston and Dallas/Fort Worth nonattainment areas. The 
regulations reduce volatile organic compound emissions by requiring 
conventional gasoline in a 95-county area of central and eastern Texas 
to be limited to maximum RVP of 7.8 pounds per square inch from May 1 
through October 1 of each year. The 95 Texas counties are: Anderson, 
Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, 
Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, 
Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, 
Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, 
Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, 
Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, 
Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, 
Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, 
Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San 
Jacinto, San Patricio, San Augustine, Shelby, Smith, Somervell, Titus, 
Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, 
Washington, Wharton, Williamson, Wilson, Wise, and Wood. Texas 
developed this fuel requirement as part of a strategy to reduce 
emissions of volatile organic compounds and achieve the NAAQS for ozone 
in the Houston-Galveston and Dallas-Fort Worth nonattainment areas.
    The revised regulations being approved are Sections 114.307 and 
114.309 of Title 30 of the Texas Administrative Code, Chapter 114. The 
revisions add exemptions to RVP requirements for research laboratories 
and academic institutions, competition racing, and gasoline that is 
being stored or transferred that is not used in the affected counties. 
The exemptions are similar to those in place for Texas low emission 
diesel fuel approved by EPA on November 14, 2001 (66 FR 57196). It is 
expected that the emissions that would occur from the exempted sources 
would be insignificant in comparison with emissions from sources 
covered by the regulation. Because of this the revisions are not 
expected to have a significant impact on air quality. The revisions 
also reduce record keeping requirements for retail gasoline dispensing 
outlets in the affected counties, and correct a typographical error 
relating to the name of Smith County. Retail gasoline dispensing 
outlets in the affected counties no longer have to keep records of the 
RVP of all the gasoline they store or sell. These records will be 
maintained by the provider of the gasoline to the retail outlet. The 
retail outlets will have to keep records documenting that the gasoline 
they sell is certified as meeting the Texas RVP regulations.

III. Final Action

    We are approving the revisions to the Texas SIP that pertain to 
regulations on gasoline RVP submitted by the State on October 4, 2001 
pursuant to section 110 and part D of the CAA. The revisions add 
exemptions to RVP requirements for research laboratories, competitive 
racing, and gasoline that is being stored or transferred that is not 
used in the affected counties. The revisions to RVP requirements are 
not expected to have a significant impact on air quality. The State's 
revisions will not interfere with any applicable requirement concerning 
attainment or any other applicable requirement of the CAA. As such, 
EPA's approval of the revisions complies with the requirements of 
section 110(l) of the CAA. Under section 110(l) EPA may not approve a 
SIP revision if the revision would interfere with any applicable 
requirement concerning attainment or any other applicable requirement 
of the CAA. This approval will make the revised regulations federally 
enforceable.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant adverse 
comments. However, in the proposed rules section of this Federal 
Register

[[Page 68482]]

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 January 26, 2007 without 
further notice unless we receive relevant adverse comment by December 
27, 2006. 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. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under Section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 26, 2007. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See Section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
Relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 9, 2006.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

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2. In Sec.  52.2270 (c), the table entitled ``EPA APPROVED REGULATIONS 
IN THE TEXAS SIP'' is amended under Chapter 114 (Reg 4)--Control of Air 
Pollution from Motor Vehicles by revising the entries for sections 
114.307 and 114.309 to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 68483]]



                                    EPA Approved Regulations in the Texas SIP
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                                                          State
                                                        approval/
         State citation              Title/subject      submittal    EPA approval date         Explanation
                                                           date
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                                                  * * * * * * *
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                        Chapter 114 (Reg 4)--Control of Air Pollution From Motor Vehicles
 
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                                                  * * * * * * *
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                                        Subchapter H--Low Emission Fuels
                                         Division 1: Gasoline Volatility
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                                                  * * * * * * *
Section 114.307.................  Exemptions.........     10/04/01  11/27/06 [Insert FR
                                                                     page number where
                                                                     document begins].
Section 114.309.................  Affected Counties..     10/04/01  11/27/06 [Insert FR
                                                                     page number where
                                                                     document begins].
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[FR Doc. E6-19991 Filed 11-24-06; 8:45 am]
BILLING CODE 6560-50-P