[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Rules and Regulations]
[Pages 14611-14613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05100]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2013-0439; FRL-9907-55-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Stage II Vapor Recovery Program and Control of Air Pollution 
From Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Texas State Implementation Plan (SIP) that control 
emissions of volatile organic compounds (VOCs) at gasoline dispensing 
facilities (GDFs) in Texas. The revisions were submitted to the EPA by 
the Texas Commission on Environmental Quality (TCEQ) on October 31, 
2013 and address the maintenance and removal of Stage II vapor recovery 
equipment at GDFs. The EPA is also approving related revisions to the 
Stage II SIP narrative that pertain to the maintenance and removal of 
Stage II vapor recovery equipment and demonstrate that the absence of 
Stage II equipment in the Beaumont-Port Arthur (BPA), Dallas-Fort Worth 
(DFW) and Houston-Galveston Brazoria (HGB) areas, and in El Paso County 
would not interfere with attainment of the national ambient air quality 
standards, reasonable further progress or any other requirement of the 
Clean Air Act (CAA or Act). The EPA is approving these revisions 
pursuant to sections 110 and 202 of the Act and consistent with the 
EPA's guidance.

DATES: This final rule is effective on April 16, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2013-0439. All documents in the docket are listed on 
the http://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 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. To inspect the hard 
copy materials, please schedule an appointment with the person listed 
in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill 
Deese at 214-665-7253.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section 
(6PD-L); telephone (214) 665-6521; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's final rule is discussed in our December 
30, 2013 proposal to approve revisions to the Texas SIP (78 FR 79340). 
In that action, we proposed to approve the Texas SIP revisions 
submitted by the TCEQ on October 31, 2013, which specify that new GDFs 
would not be required to install Stage II equipment and provide removal 
(decommissioning) procedures that existing GDFs in the 16 counties \1\ 
must complete by August 31, 2018. The revisions to the Stage II SIP 
describe the removal of Stage II equipment at GDFs and require 
maintenance of the Stage II equipment until decommissioning occurs. The 
revisions to the SIP narrative also include a demonstration that the 
removal of, or failure to install, Stage II equipment in the 16 
counties is consistent with section 110(l) of the Act which precludes 
approval of revisions to the SIP that contribute to nonattainment or 
interfere with maintenance of any National Ambient Air Quality 
Standard.
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    \1\ The four areas in Texas where Stage II is required comprise 
16 counties: BPA, containing Hardin, Jefferson and Orange counties; 
DFW, involving Collin, Dallas, Denton and Tarrant counties; El Paso 
County; and HGB, containing Brazoria, Chambers, Fort Bend, 
Galveston, Harris, Liberty, Montgomery, and Waller counties.
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    Our December 30, 2013 proposal provides a detailed description of 
the revisions and the rationale for EPA's proposed actions, together 
with a

[[Page 14612]]

discussion of the opportunity to comment. The public comment period for 
these actions closed on January 29, 2014. See the Technical Support 
Document in the docket for this rulemaking and our proposal at 78 FR 
79340 for more information. We did not receive any comments regarding 
our proposal. Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving revisions to the Texas SIP that control 
emissions of VOCs and pertain to the maintenance and removal of Stage 
II vapor recovery equipment submitted on October 31, 2013. We are 
approving revisions to the following sections within 30 TAC 115: 
115.240, 115.241, 115.242, 115.243, 115.244, 115.245, 115.246, 115.247, 
and 115.249. The EPA is also approving related revisions to the Stage 
II SIP narrative that address the maintenance and removal of Stage II 
equipment, and demonstrate that the removal of, or failure to install 
Stage II equipment in the BPA, DFW, and HGB areas, and in El Paso 
County, meets section 110(l) of the Act. The EPA is approving these 
revisions in accordance with sections 110 and 202 of the Act and 
consistent with the EPA's guidance.

III. 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, 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);
     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 CAA; 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 16, 2014. 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, Volatile organic compounds.

    Dated: February 25, 2014.
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:
0
a. In paragraph (c) the table titled ``EPA Approved Regulations in the 
Texas SIP'' is amended by revising the entries for Sections 115.240--
115.247 and Section 115.249.
0
b. In paragraph (e) the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding a new entry to the end of the table for 
``Stage II Vapor Recovery Program SIP.''
    The revisions and additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 14613]]



                                    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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                                                  * * * * * * *
Section 115.240.................  Stage II Vapor       10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Recovery                          FR page number
                                   Definitions and                   where document
                                   List of California                begins].
                                   Air Resources
                                   Board Certified
                                   Stage II Equipment.
Section 115.241.................  Emission             10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Specifications.                   FR page number
                                                                     where document
                                                                     begins].
Section 115.242.................  Control              10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.243.................  Alternate Control    10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.244.................  Inspection           10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.245.................  Testing              10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.246.................  Recordkeeping        10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Requirements.                     FR page number
                                                                     where document
                                                                     begins].
Section 115.247.................  Exemptions.........  10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                                                     FR page number
                                                                     where document
                                                                     begins].
 
                                                  * * * * * * *
Section 115.249.................  Counties and         10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
                                   Compliance                        FR page number
                                   Schedules.                        where document
                                                                     begins].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                                          State
                                       Applicable       submittal/
      Name of SIP provision        geographic or non-   effective    EPA approval date           Comments
                                    attainment area        date
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                                                  * * * * * * *
 
Stage II Vapor Recovery Program   Statewide..........  10/ 9/ 2013  3/ 17/ 14 [Insert    .......................
 SIP.                                                                FR page number
                                                                     where document
                                                                     begins].
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[FR Doc. 2014-05100 Filed 3-14-14; 8:45 am]
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