[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24213-24216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10122]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2014-0846; FRL-9927-10-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revisions to the State Implementation Plan; Stage I Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct 
final action to approve revisions to the Texas State Implementation 
Plan (SIP) related to Stage I Regulations that were submitted by the 
State of Texas on November 12, 2014. The EPA evaluated the SIP 
submittal from Texas and determined these revisions are consistent with 
the requirements of the Clean Air Act (Act or CAA). The EPA is 
approving this action under the federal CAA.

DATES: This direct final rule is effective on June 29, 2015 without 
further notice, unless the EPA receives relevant adverse comment by 
June 1, 2015. If the EPA receives such comment, the 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 ID No. EPA-R06-
OAR-2014-0846, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions.
    (2) Email: Ms. Tracie Donaldson at [email protected].
    (3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2014-0846. 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 the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that the 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 the EPA without going through http://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, the EPA recommends that you include your name and other 
contact information in the body of your comment along with any disk or 
CD-ROM submitted. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters and any form of encryption and should be free of 
any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    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).

FOR FURTHER INFORMATION CONTACT:  Ms. Tracie Donaldson, (214) 665-6633, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214) 
665-7253.

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

Table of Contents

I. Background
    A. CAA and SIPs
    B. Why do we regulate VOCs?
    C. What is Stage I Vapor Recovery?
    D. SIP Revision Submitted on November 12, 2014
II. EPA's Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). The NAAQS 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. The EPA-
approved SIP provisions and control strategies are federally 
enforceable. States revise the SIP as needed and submit revisions to 
the EPA for review and approval.

B. Why do we regulate VOCs?

    Volatile Organic Compound is a term used to describe a class of 
chemicals that react in the atmosphere in the presence of sunlight to 
form ozone. Sources include vehicle exhaust, gasoline vapors, oil-based 
paints and industrial operations. A regulatory definition of Volatile 
Organic Compounds can be found at 40 CFR 51.100(s). The definition in 
Texas can be found in 30 TAC 115.10. Oxygen in the atmosphere reacts 
with VOCs and Oxides of Nitrogen to form ozone, a key component of 
urban smog. Inhaling even low levels of ozone can trigger a variety of 
health problems including chest pains, coughing, nausea, throat 
irritation, and congestion. It also can worsen bronchitis and asthma. 
Exposure to ozone can also reduce lung capacity in healthy adults.

C. What is Stage I Vapor Recovery?

    Capturing the vapors from the gasoline station storage tanks as 
tank-trucks fill these tanks, and returning the vapors to the tank-
truck is commonly known as Stage I vapor recovery. The tank-truck then 
carries the vapors back to the bulk gasoline plant or terminal. To 
insure the vapors are not lost in transit, the Texas rules also include 
requirements that the gasoline tank-trucks be tested for vapor 
tightness. We are approving the vapor recovery requirements and the 
vapor tightness requirements.

D. SIP Revision Submitted on November 12, 2014

    On September 10, 2014, Texas Commission on Environmental Quality 
(TCEQ) adopted revisions to 30 Texas Administrative Code (TAC) Chapter 
115, Control of Air Pollution from Volatile Organic Compounds,

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Subchapter A. Definitions and Subchapter C. Volatile Organic Compound 
Transfer Operations. This review will determine if the changes to the 
Texas SIP are consistent with the requirements of the Clean Air Act and 
EPA's policy and guidance.

II. EPA's Evaluation

    As detailed in the Technical Support Document (TSD) accompanying 
this action, the TCEQ submitted a SIP revision to the Stage I 
regulations found in 30 TAC 115, Subchapter A. Definitions and 
Subchapter C. Volatile Organic Compound Transfer Operations. The TCEQ 
adopted amended sections 115.10, 115.221, 115.222, 115.224-115.227 and 
115.229 of 30 TAC Chapter 115, Control of Air Pollution from Volatile 
Organic Compounds and corresponding revisions to the state 
implementation plan. The revisions preserve existing Stage I testing 
requirements in the 1997 ozone nonattainment counties and specify Stage 
I testing requirements for gasoline dispensing facilities located in 
the 12 ozone nonattainment counties and 4 ozone maintenance counties 
that will be affected by the decommissioning of the Stage II vapor 
recovery equipment rule revision and in the 95 counties that are 
subject to the state Stage I rule but not Stage II requirements. The 
adopted revisions also establish testing requirements that are more 
consistent with federal Stage I testing in 40 CFR part 63, subpart 
CCCCCC and are more appropriate for Stage I facilities.
    Previously, in separate actions, we found that Texas' Stage I 
regulations meet Reasonably Available Control Technology (RACT) 
requirements for the 1997 ozone standard in Dallas-Fort Worth area 
(January 14, 2009, 74 FR 1903) and for the Houston-Galveston-Brazoria 
area (April 2, 2013, 63 FR 19599). The current revisions update RACT 
where applicable for 1997 ozone nonattainment counties in Texas.
    The revisions will enhance the EPA-approved SIP because they will 
not result in any loss in emission reductions, will become more 
enforceable with the test methods in place and will be more consistent 
with the federal Stage I testing requirements; therefore, we are 
approving them into the Texas SIP.

III. Final Action

    For the reasons stated above and in the TSD, the EPA is taking 
direct final action to approve revisions to the Texas SIP pertaining to 
Stage I regulations at 30 TAC, Chapter 115, Subchapter A: Definitions, 
Section 115.10 and Subchapter C, Division 2: Filling of Gasoline 
Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities, 
Sections 115.221, 115.222, 115.224-115.227 and 115.229, adopted on 
September 10, 2014, and submitted as revisions to the Texas SIP on 
November 12, 2014.
    We are approving the revisions to the Texas SIP under section 110 
of the Act. 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 June 29, 
2015 without further notice unless we receive relevant adverse comment 
by June 1, 2015. 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. Incorporation by Reference

    In this direct final rule, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the Texas Stage I requirements described in the Final 
Action section above. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. 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, 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 Order 
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);
     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).

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

[[Page 24215]]

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 June 29, 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: April 22, 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 adding, in sequential order, the entry 
for section 115.221; and revising the entries for sections 115.10, 
115.222, 115.224 through 115.227, and 115.229 to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
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                                                       State
     State citation            Title/subject         approval/       EPA approval date          Explanation
                                                  submittal date
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                                                  * * * * * * *
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                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
                                            Subchapter A--Definitions
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115.10..................  Definitions...........       9/10/2014  4/30/2015 [Insert FR
                                                                   citation].
 
                                                  * * * * * * *
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                           Subchapter C--Volatile Organic Compound Transfer Operations
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                                                  * * * * * * *
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     Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
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115.221.................  Emission                     9/10/2014  4/30/2015 [Insert FR
                           Specifications.                         citation].
115.222.................  Control Requirements..       9/10/2014  4/30/2015 [Insert FR
                                                                   citation].
 
                                                  * * * * * * *
115.224.................  Inspection                   9/10/2014  4/30/2015 [Insert FR
                           Requirements.                           citation].
115.225.................  Testing Requirements..       9/10/2014  4/30/2015 [Insert FR
                                                                   citation].
115.226.................  Recordkeeping                9/10/2014  4/30/2015 [Insert FR
                           Requirements.                           citation].
115.227.................  Exemptions............       9/10/2014  4/30/2015 [Insert FR
                                                                   citation].
115.229.................  Counties and                 9/10/2014  4/30/2015 [Insert FR
                           Compliance Schedules.                   citation].
 
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[FR Doc. 2015-10122 Filed 4-29-15; 8:45 am]
 BILLING CODE 6560-50-P