[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53299-53303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21306]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0096; FRL-9916-32-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revision to Control Volatile Organic Compound Emissions from Storage 
Tanks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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[[Page 53300]]

SUMMARY: The Environmental Protection Agency (EPA) is approving a Texas 
State Implementation (SIP) revision for control of volatile organic 
compound (VOC) emissions from storage tanks. The revision implements 
additional controls in the Dallas-Fort Worth 1997 ozone nonattainment 
area (DFW area); modifies control requirements in the DFW area, the 
Houston-Galveston-Brazoria ozone nonattainment area (HGB area), the 
Beaumont-Port Arthur area (BPA area) and El Paso, Gregg, Nueces and 
Victoria Counties; and makes non-substantive changes to VOC control 
provisions that apply in Aransas, Bexar, Calhoun, Matagorda, San 
Patricio and Travis Counties. In addition, EPA finds that the SIP 
revision implements serious area reasonable available control 
technology (RACT) controls for the VOC storage source category in the 
DFW area and continues to implement severe area RACT for this source 
category in the HGB area as required by the Clean Air Act (CAA).

DATES: This rule is effective on November 10, 2014 without further 
notice, unless EPA receives relevant adverse comment by October 9, 
2014. 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-
2012-0096, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Mr. Carl Young at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2012-
0096. 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 email. 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 email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI). 
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: Carl Young, (214) 665-6645, 
[email protected].

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

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to EPA 
a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards. These ambient standards currently address six 
criteria pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, 
particulate matter, and sulfur dioxide. Each federally-approved SIP 
protects air quality primarily by addressing air pollution at its point 
of origin through air pollution regulations and control strategies. EPA 
approved SIP regulations and control strategies are federally 
enforceable. As needed, States revise the SIP as needed and submit 
revisions to EPA for approval.

B. SIP Revision Submitted on January 17, 2012

    A SIP revision for controlling VOC emissions from storage tanks was 
adopted by Texas on December 7, 2011, and submitted to us on January 
17, 2012. VOCs are an ``ozone precursor'', as they react with oxygen, 
nitrogen oxides (NOX) and sunlight to form ozone. 
Controlling sources of VOC and NOX emissions can lower ozone levels in 
the ambient air.
    The revision amends Title 30, Chapter 115 of the Texas 
Administrative Code (30 TAC 115) to (1) revise Sec. Sec.  115.110, 
115.112-115.117, and 115.119, and (2) add new Sec. Sec.  115.111 and 
115.118. The revision (1) implements additional VOC controls for 
storage tanks in the DFW area; (2) modifies VOC control requirements in 
the DFW area, the HGB area, the BPA area and El Paso, Gregg, Nueces and 
Victoria Counties and (3) makes non-substantive changes to VOC control 
provisions that apply in Aransas, Bexar, Calhoun, Matagorda, San 
Patricio and Travis Counties.
    The DFW area consists of Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall and Tarrant Counties. The DFW area was 
reclassified as serious ozone nonattainment for the 1997 ozone standard 
(75 FR 79302, December 20, 2010). The SIP revision for storage tanks 
was adopted by Texas to meet the CAA RACT requirements for the VOC 
storage emission source category in serious ozone nonattainment areas. 
In the DFW area the revision (1) requires control of VOC flash 
emissions from storage tanks in the DFW area that might otherwise emit 
50 tons per year (tpy) of VOC or more, (2) adds requirements for low-
leaking storage tank fittings and (3) limits situations when a floating 
roof storage tank is allowed to emit VOCs because the roof is not 
floating on the stored VOC liquid.
    The revision also adds a requirement for the DFW and HGB areas that 
a vapor recovery unit used for VOC control must be designed to process 
all VOC vapor generated by the maximum crude oil and condensate 
throughput of the storage tank and must transfer recovered vapors to a 
pipe or container that is vapor-tight. The HGB area consists of 
Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery 
and Waller counties. The HGB area is classified as a severe ozone 
nonattainment area for the 1997 ozone NAAQS (73 FR 56983, October 1, 
2008).
    In the DFW, HGB and BPA areas and in El Paso, Gregg, Nueces and 
Victoria Counties the revision (1) adds an explicit requirement that 
any flare used for control must be designed and

[[Page 53301]]

operated according to 40 CFR 60.18(b)--(f) as amended through December 
22, 2008, and (2) amends monitoring and testing requirements that 
ensure effectiveness of VOC controls. The BPA area consists of Hardin, 
Jefferson, and Orange Counties.
    VOC control requirements for storage tanks also apply in Aransas, 
Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties. The 
revision did not substantially change requirements for these counties.
    The SIP revision submitted by Texas may be accessed online at 
www.regulations.gov, Docket No. EPA-R06-OAR-2012-0096.

C. CAA Requirements for the SIP Revision

    The primary CAA requirements pertaining to the SIP revision 
submitted by Texas are found in CAA sections 110(l) and 182(b)(2). CAA 
section 110(l) requires that a SIP revision submitted to EPA be adopted 
after reasonable notice and public hearing. Section 110(l) also 
requires that we not approve a SIP revision if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA. CAA section 182(b)(2) requires that ozone nonattainment areas 
classified as moderate or above implement RACT controls on all major 
VOC and NOX emission sources and on all sources and source 
categories covered by a control technique guideline (CTG) issued by us. 
RACT is defined as the lowest emissions limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available considering technological and economic 
feasibility (44 FR 53762, September 17, 1979). The CTG and Alternative 
Control Technique (ACT) documents that we issue provide states with 
guidance concerning what types of controls could constitute RACT for a 
given source category. The documents we have issued pertaining to 
storage tanks are (1) Control of Volatile Organic Emissions from 
Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036, 
December 1977), (2) Control of Volatile Organic Emissions from 
Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-78-
047, December 1978) and (3) Alternative Control Techniques Document--
Volatile Organic Liquid Storage In Floating and Fixed Roof Tanks (EPA-
453/R-94-001, January 1994). These documents are accessible online at 
www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html. Because the 
DFW area was classified as a serious ozone nonattainment area, a major 
source is a source having the potential to emit 50 tpy of VOC or more 
(CAA 182(c)). Because the HGB area is classified as a severe ozone 
nonattainment area, a major source is a source having the potential to 
emit 25 tpy of VOC or more (CAA 182(d)).

II. EPA's Evaluation

    VOC flash emissions occur during transfer of the VOCs from a higher 
pressure storage tank to a lower pressure tank, reservoir, or other 
container. Floating roof landing loss emissions occur when the liquid 
level in a floating roof tank is lowered and the roof rests (lands) on 
the legs, or supports, rather than on the liquid, severely limiting the 
VOC control efficiency of the floating roof. The storage tank 
requirements, to control flash emissions, use low-leaking tank fittings 
and further limit emissions from floating roof storage tanks were 
previously implemented in the HGB area and approved by us as RACT (75 
FR 15348, March 29, 2010). For the DFW area, we previously found that 
Texas rules for storage tanks met RACT requirements (64 FR 3841, 
January 26, 1999 and 74 FR 1903, January 14, 2009). The RACT rules must 
address major sources that have the potential to emit 50 tpy of VOC or 
more in the DFW area (serious area requirement) and 25 tpy of VOC or 
more in the HGB area (severe area requirement).
    Our evaluation found that the revision to the Texas SIP (1) 
improves the rules that were previously approved, (2) results in 
additional VOC reductions in the DFW area and (3) ensures that RACT is 
met for storage tanks with flash emissions in the DFW area and 
continues to be met in the HGB area. Additionally we found that (1) 
Texas adopted after reasonable notice and public hearing and (2) 
approval would not interfere with any applicable requirement concerning 
attainment and reasonable further progress or any other applicable 
requirement of the CAA. A technical support document (TSD) was prepared 
which details our evaluation. Our TSD may be accessed online at 
www.regulations.gov, Docket No. EPA-R06-OAR-2012-0096.

III. Final Action

    We are approving a Texas SIP revision for control of VOC emissions 
from storage tanks adopted on December 7, 2011, and submitted on 
January 17, 2012. The revision (1) revises 30 TAC Sec. Sec.  115.110, 
115.112-115.117, and 115.119 and (2) adds new 30 TAC Sec. Sec.  115.111 
and 115.118. The revision (1) implements additional VOC controls for 
storage tanks in the DFW area; (2) modifies VOC control requirements in 
the DFW area, the BPA area, the HGB area and the counties of El Paso, 
Gregg, Nueces and Victoria and (3) makes non-substantive changes to VOC 
control provisions that apply in Aransas, Bexar, Calhoun, Matagorda, 
San Patricio and Travis Counties. In addition, we find that this 
revision implements serious area RACT controls for the VOC storage 
source category in the DFW area for the 1997 ozone NAAQS and continues 
to implement severe area RACT controls for this source category in the 
HGB area.
    We are publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no 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 November 10, 2014 
without further notice unless we receive relevant adverse comment by 
October 9, 2014. 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 
relevant 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 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

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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 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 November 10, 2014. 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 22, 2014.
Samuel Coleman,
Acting 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 revising the entries for sections 
115.110, 115.112 through 115.117, and 115.119 and adding in sequential 
order new entries for sections 115.111 and 115.118.
    The amendments 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      EPA approval date       Explanation
                                                            date
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                                                  * * * * * * *
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                  Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
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                                                  * * * * * * *
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                             Subchapter B--General Volatile Organic Compound Sources
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                                    Division 1: Storage of Organic Compounds
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Section 115.110................  Applicability and          12/1/2011  9/9/2014 [Insert      ...................
                                  Definitions.                          Federal Register
                                                                        citation].
Section 115.111................  Exemptions..........       12/1/2011  9/9/2014 [Insert      ...................
                                                                        Federal Register
                                                                        citation].
Section 115.112................  Control Requirements       12/1/2011  9/9/2014 [Insert      ...................
                                                                        Federal Register
                                                                        citation].
Section 115.113................  Alternate Control          12/1/2011  9/9/2014 [Insert      ...................
                                  Requirements.                         Federal Register
                                                                        citation].
Section 115.114................  Inspection                 12/1/2011  9/9/2014 [Insert      ...................
                                  Requirements.                         Federal Register
                                                                        citation].
Section 115.115................  Monitoring                 12/1/2011  9/9/2014 [Insert      ...................
                                  Requirements.                         Federal Register
                                                                        citation].
Section 115.116................  Testing Requirements       12/1/2011  9/9/2014 [Insert      ...................
                                                                        Federal Register
                                                                        citation].

[[Page 53303]]

 
Section 115.117................  Approved Test              12/1/2011  9/9/2014 [Insert      ...................
                                  Methods.                              Federal Register
                                                                        citation].
Section 115.118................  Recordkeeping              12/1/2011  9/9/2014 [Insert      ...................
                                  Requirements.                         Federal Register
                                                                        citation].
Section 115.119................  Compliance Schedules       12/1/2011  9/9/2014 [Insert      ...................
                                                                        Federal Register
                                                                        citation].
 
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[FR Doc. 2014-21306 Filed 9-8-14; 8:45 am]
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