[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Rules and Regulations]
[Pages 15348-15352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6795]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0526; FRL-9130-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revision To Control Volatile Organic Compound Emissions in the 
Houston/Galveston/Brazoria 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Texas State Implementation Plan (SIP). The revision 
adds additional requirements to control volatile organic compound (VOC) 
emissions from storage tanks, transport vessels and marine vessels in 
the Houston/Galveston/Brazoria (HGB) 1997 8-hour ozone nonattainment 
area, which consists of Brazoria, Chambers, Fort Bend, Galveston, 
Harris, Liberty, Montgomery and Waller counties. Specifically, this 
revision subjects owners or operators of VOC storage tanks, transport 
vessels, and marine vessels located in the HGB 1997 8-hour ozone 
nonattainment area to more stringent control, monitoring, and 
recordkeeping requirements. EPA is approving the SIP revision because 
it will help lower ozone levels in the HGB area by reducing VOC 
emissions. EPA is approving the revision pursuant to section 110 and 
part D of the Clean Air Act (CAA).

DATES: This direct final rule will be effective May 28, 2010 without 
further notice unless EPA receives relevant adverse comments by April 
28, 2010. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0526, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
     Follow the online 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. Guy Donaldson 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. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7242.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, 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, and not 
on legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
0526. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://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 http://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 during 
official business hours, by appointment, at the Texas Commission on 
Environmental Quality, Office of Air Quality, 12124 Park 35 Circle, 
Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone 214-665-6645; 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 Action Is EPA Taking?
II. What Is a SIP?
III. What Is the Background for This Action?

[[Page 15349]]

IV. What Is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are approving a revision to the Texas SIP that adds additional 
requirements to control VOC emissions from storage tanks, transport 
vessels and marine vessels in the HGB area, which consists of Brazoria, 
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller 
counties. The revision was adopted by the State of Texas on May 23, 
2007 and submitted to EPA on June 13, 2007. The revision amended Title 
30 of the Texas Administrative Code, Chapter 115 (30 TAC 115) by adding 
a new section 115.110 (Definitions) and revising sections 115.112-
115.117, 115.119, 115.541-115.547 and 115.549. The revision requires 
that tanks and vessels in the HGB area store volatile organic liquids 
at petroleum refineries, chemical plants, gasoline storage terminals, 
bulk terminals, pipeline breakout stations, and oil and natural gas 
production sites under additional controls.
    Specifically, for the HGB area the revision requires:
     More stringent controls for tank fittings on floating roof 
tanks and restrictions on floating roof tank landings;
     Control of VOC flash emissions from crude oil and 
condensate storage tanks at oil and gas exploration and production 
sites and pipeline breakout stations with uncontrolled flash emissions 
greater than 25 tons per year;
     Control of VOC emissions from the degassing of storage 
tanks with a nominal capacity of 250,000 gallons or more, or with a 
nominal capacity of 75,000 gallons or more storing liquids with a true 
vapor pressure greater than 2.6 pounds per square inch absolute (psia);
     Control and monitoring of degassing vapors from storage 
vessels, transport vessels, and marine vessels; and
     Recordkeeping to validate compliance.
    For more information on the requirements please see our Technical 
Support Document (TSD) found in the electronic docket or 30 TAC 115, 
Subchapter B, Division 1 (Storage of Volatile Organic Compounds) and 
Subchapter F, Division 3 (Degassing or Cleaning of Stationary, Marine 
and Transport Vessels). The electronic docket can be found at the Web 
site http://www.regulations.gov (Docket number EPA-R06-OAR-2007-0526).
    Control of VOC emissions will help the area reduce ambient levels 
of ozone. Our approval will make the revised regulations federally 
enforceable. We are approving the revision pursuant to section 110 and 
part D of the CAA and EPA's regulations.
    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 May 28, 2010 
without further notice unless we receive relevant adverse comment by 
April 28, 2010. 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.

II. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
national ambient air quality standards (NAAQS) established by EPA. 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: Carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    A SIP is a set of air pollution regulations, control strategies, 
other means or techniques, and technical analyses developed by the 
state, to ensure that the state meets the NAAQS. It is required by 
section 110 and other provisions of the CAA. A SIP protects air quality 
primarily by addressing air pollution at its point of origin. A SIP can 
be extensive, containing state regulations or other enforceable 
documents, and supporting information such as emissions inventories, 
monitoring networks, and modeling demonstrations. Each state must 
submit regulations and control strategies to EPA for approval and 
incorporation into the federally-enforceable SIP.

III. What Is the Background for This Action?

    Inhaling ozone, even at low levels, can trigger a variety of health 
problems including chest pains, coughing, nausea, throat irritation, 
and congestion. It can also worsen bronchitis and asthma, and reduce 
lung capacity. VOCs and oxides of nitrogen (NOx) are known 
as ``ozone precursors'', as they react with oxygen and sunlight to form 
ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors 
and chemical solvents emit VOC and NOx. Controlling sources 
of VOC and NOx emissions can lower ozone levels in the 
ambient air.
    On July 18, 1997, we promulgated an 8-hour ozone standard of 0.08 
parts per million (ppm), which is more protective than the previous 1-
hour ozone standard (62 FR 38855).\1\ On April 30, 2004, we published 
designations and classifications for the 1997 8-hour ozone standard (69 
FR 23858). The HGB area, which consists of Brazoria, Chambers, Fort 
Bend, Galveston, Harris, Liberty, Montgomery and Waller counties was 
classified as a moderate ozone nonattainment area, with an attainment 
date no later than June 15, 2010. On October 1, 2008, at the request of 
the Governor of Texas, we reclassified the area as a severe ozone 
nonattainment area with an attainment date no later than June 15, 2019 
(73 FR 56983).
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    \1\ EPA issued revised 8-hour ozone standards on March 27, 2008 
(73 FR 16436) and proposed to set different standards on January 19, 
2010 (75 FR 2938). This process is ongoing and does not affect EPA's 
action here.
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    The State of Texas found that certain types of VOC storage tank 
emissions, including degassing, flash, and floating roof landing loss 
emissions, have been unreported or underreported in the HGB area. The 
State revised the VOC control regulations in the SIP to help reduce 
emissions from these sources in the HGB area. The revision to the SIP 
was adopted by the State on May 23, 2007 and submitted it to EPA on 
June 13, 2007.

IV. What Is EPA's Evaluation of the Revision?

    We have evaluated the Chapter 115 revision and find they enhance 
the SIP by reducing emissions from VOC storage tanks, transport vessels 
and marine vessels in the HGB area. We have reached this conclusion 
because these revisions for the HGB area require additional controls on 
VOC emissions from these sources. By lowering VOC emissions, these 
rules will help lower ozone levels in the HGB area. In addition, these 
revisions improve rules that EPA previously approved (73 FR

[[Page 15350]]

10383, February 27, 2008) as meeting the Reasonably Available Control 
Technology of the Clean Air Act. Therefore, we are finding that these 
rules continue to implement RACT for this source category. For a 
discussion of the rules and how the rules improve the SIP see the 
technical support document for this action. For more information on our 
evaluation, please see our TSD found in the electronic docket.

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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this 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 May 28, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: March 12, 2010.
Al Armendariz,
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

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in 
the Texas SIP'' under Chapter 115 (Reg 5) is amended by:
0
a. Adding an entry for Section 115.110 under Subchapter B, Division 1, 
in numerical order.
0
b. Revising the entries for Sections 115.112-115.117 and 115.119 under 
Subchapter B, Division 1.
0
c. Revising the entries for Sections 115.541-115.547 and 115.549 under 
Subchapter F, Division 3.
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA-Approved Regulations in the Texas SIP
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                                                                  State approval/
          State citation                    Title/subject         submittal date           EPA approval date                      Explanation
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                                                                      * * * * * * *
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                                      Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
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[[Page 15351]]

 
                                                                      * * * * * * *
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                                                 Subchapter B--General Volatile Organic Compound Sources
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                                                    Division 1. Storage of Volatile Organic Compounds
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Section 115.110...................  Definitions.................       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.112...................  Control Requirements........       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.113...................  Alternate Control                  5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.114...................  Inspection Requirements.....       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.115...................  Approved Test Methods.......       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.116...................  Monitoring and Recordkeeping       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.117...................  Exemptions..................       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.119...................  Counties and Compliance            5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Schedules.                                    where document begins].
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                                                                      * * * * * * *
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                                                      Subchapter F--Miscellaneous Industrial Sources
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                                                                      * * * * * * *
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                                     Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
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Section 115.541...................  Emission Specifications.....       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.542...................  Control Requirements........       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.543...................  Alternate Control                  5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.544...................  Inspection Requirements.....       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.545...................  Approved Test Methods.......       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.546...................  Monitoring and Recordkeeping       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Requirements.                                 where document begins].
Section 115.547...................  Exemptions..................       5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                                                                   where document begins].
Section 115.549...................  Counties and Compliance            5/23/2007  3/29/2010 [Insert FR page number    ..................................
                                     Schedules.                                    where document begins].
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                                                                      * * * * * * *
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[[Page 15352]]

[FR Doc. 2010-6795 Filed 3-26-10; 8:45 am]
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