[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57302-57305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23379]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0079; FRL-9932-51-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Revision To Control Volatile Organic Compound Emissions From Storage 
Tanks and Transport Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Texas 
State Implementation Plan (SIP) revision for control of volatile 
organic compound (VOC) emissions from degassing of storage tanks, 
transport vessels and marine vessels. The revision reformats the 
existing requirement to comply with current rule writing standards, 
adds additional control options for owner/operators to use when 
complying, clarifies the monitoring and testing requirements of the 
rule, and makes non-substantive changes to VOC control provisions that 
apply in the Beaumont-Port Arthur (BPA) nonattainment area (Hardin, 
Jefferson and Orange Counties), four counties in the Dallas-Fort Worth 
(DFW) nonattainment area (Collin, Dallas, Denton and Tarrant Counties), 
El Paso County, and the Houston-Galveston-Brazoria (HGB) nonattainment 
area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, 
Montgomery and Waller Counties).
    The EPA is also making a ministerial correction to the Code of 
Federal Regulations (CFR) to accurately reflect approved SIP revisions 
that pertain to Stage II control of VOCs from gasoline dispensing 
facilities in Texas.

DATES: This final rule is effective on October 23, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2011-0079. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Todd, (214) 665-2156, 
[email protected]. To inspect the hard copy materials, please contact 
Mr. Todd or Mr. Bill Deese (214) 665-7253.

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

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in our May 
13, 2015 direct final rule and proposal (80 FR 27251 and 80 FR 27275). 
In the direct final rule we approved a SIP submission revising the 
rules for controlling VOC emissions from degassing of storage tanks, 
transport vessels and marine vessels. The Texas rule revisions were 
adopted by the state on January 26, 2011 and submitted to us on 
February 18, 2011. The revisions submitted by the Texas Commission on 
Environmental Quality (TCEQ) apply to Brazoria, Chambers, Collin, 
Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, 
Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties.
    Our May 13, 2015 rule and proposal stated that if any relevant 
adverse comments were received by the end of the public comment period 
on June 12, 2015, the direct final rule would be withdrawn and we would 
respond to the comments in a subsequent final action. Relevant adverse 
comments were received during the comment period, and the direct final 
rule was withdrawn on June 30, 2015 (80 FR 37161). Our May 13, 2015 
proposal provides the basis for this final action.
    Also, on March 17, 2014 we approved revisions to the Texas SIP 
pertaining to Stage II control of VOCs from gasoline stations (79 FR 
14611). Included in the approved revisions was removal of sections 
115.247 and 115.249 from the TX SIP. In that document, however, we did 
not update the CFR to show that 30 TAC 115.247 and 115.249 were removed 
from the SIP. We are using the opportunity of this final rule to 
correct this oversight.
    We received comments on our May 13, 2015 proposal from two 
commenters. Our response to the comments are below.

II. Response to Comments

    Comment: The first commenter stated it would be impractical, and 
possibly unreasonable, to require industry to comply with the state 
regulations unless the state took the needs of individual sources into 
account and helped them to comply.
    Response: The commenter fails to specify how and why the submitted 
revisions would be impractical. In addition, these revisions merely 
modify and clarify existing rules which have been implemented for 
several years. Requirements to control degassing emissions, for 
example, low-leaking tank fittings on some control options, monitoring 
control effectiveness and reporting compliance from degassing 
operations were first implemented in HGB and BPA (62 FR 27964, May 22, 
1997). In DFW and El Paso County, these rules were adopted as 
contingency measures under the 1-hour ozone standard (62 FR 27964). The 
Texas Commission on Environmental Quality has been successfully 
implementing these degassing regulations in Brazoria, Chambers, Fort 
Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, 
Orange, and Waller Counties for several years and we

[[Page 57303]]

haven't received any information that supports the notion that 
compliance is overly burdensome in these counties. There is no 
documented evidence of owner/operators of marine vessels finding these 
rules impractical. The revisions also make changes to provide 
additional flexibility for affected owners and operators allowing for 
the use of alternative control options such as the use of a 
recirculation system, with appropriate monitoring to assure the 
effectiveness of the system or an option that allows the operator to 
demonstrate compliance by limiting the VOC concentration at the outlet 
of a control device to less than 500 parts per million (by volume).
    Sources in Collin, Dallas, Denton, El Paso and Tarrant Counties 
have been aware of the possibility these regulations might affect them 
for some years and the state has been implementing them in Collin, 
Dallas, Denton and Tarrant counties since February 18, 2011. We have 
not received any indication that sources in these areas are not able to 
comply with the degassing requirements. TCEQ also submitted these 
revisions for public comment and notice so the public had ample 
opportunity to comment on these revisions during the state's rulemaking 
process.
    Comment: The second commenter stated we could not approve the 
degassing rules as reasonably achievable control technology (RACT) for 
Marine Vessel Loading Operations subject to the 40 CFR part 63, subpart 
Y, Marine Vessel Loading Maximum Available Control Technology (MACT) 
standard because that federal rule defines RACT for this source 
category more stringently than the Texas regulations. RACT in part 63, 
subpart Y is defined as 95% control of volatile organic compound (VOC) 
emissions when using a recovery device and 98% control when using a 
combustion device. The RACT levels we previously approved in Texas's 
affected counties is 90% control of VOC emissions.
    Response: The federal regulation the commenter cites, 40 CFR part 
63, subpart Y, is not applicable to degassing operations. The Marine 
Vessel Loading Operations MACT standard does contain a RACT requirement 
defining the VOC control efficiencies that affected sources must 
achieve while performing marine loading operations. 40 CFR 63.561 
defines marine loading operations as any operation under which a 
commodity is bulk loaded onto a marine tank vessel from a terminal, 
which may include the loading of multiple marine tank vessels during 
one loading operation. However, the submitted revisions do not address 
any operations which can be described as operations in which a 
commodity is bulk loaded onto a marine tank vessel from a terminal, or 
may include the loading of multiple marine tank vessels during one 
loading operation. The submitted revision only addresses operations 
that occur during the degassing, cleaning or vessel maintenance 
activities covered by the Texas regulation.\1\ The proposed revision, 
30 TAC Sec. 115.540, defines degassing as the process of removing 
volatile organic vapor from a storage tank, transport vessel, or marine 
vessel. Degassing operations do not involve loading of a bulk commodity 
and do not include marine loading operations as defined by 40 CFR 
63.561. Therefore, subpart Y is not applicable to the operations or 
activity covered by the submitted revisions. Therefore, the commenters 
concern that RACT as defined in the 40 CFR part 63, subpart Y won't be 
met in the Texas SIP action is unfounded. Inclusion of the Texas 
degassing rule in the Texas SIP is appropriate under these 
circumstances and effectively reduces VOC emissions from these sources.
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    \1\ 40 CFR 63.562(c) sates the RACT level of control applies to 
vapor tight marine vessel with a vapor collection system designed to 
collect VOC vapors displaced from marine tank vessels during loading 
operations. 40 CFR 63.531 defines marine tank vessel loading 
operation as any operation under which a commodity if bulk loaded 
onto a marine tank vessel from a terminal.
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III. Final Action

    We are approving a Texas SIP revision for control of VOC emissions 
from storage tank, transport vessel and marine vessel degassing 
operations adopted on January 26, 2011, and submitted on February 18, 
2011. Specifically, we are approving revisions to 30 TAC 115 at 
sections 115.540-115.547 and 115.549. The revisions (1) reformat the 
existing rule to simplify and clarify rule requirements; (2) modify VOC 
control requirements in Brazoria, Chambers, Collin, Dallas, Denton, El 
Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, 
Montgomery, Orange, Tarrant and Waller Counties; (3) make changes to 
provide additional flexibility for affected owners and operators 
allowing for the use of alternative control options; and (4) make non-
substantive changes to VOC control provisions that apply in Brazoria, 
Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and 
Waller Counties.
    We are also making a ministerial correction to the table in 40 CFR 
52.2270(c) to accurately reflect the revisions to Stage II control of 
VOCs approved into the Texas SIP on March 17, 2014 (79 FR 14611).

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

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, 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 Orders 
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);

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     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).
    In addition, 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 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 November 23, 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 9, 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 removing the entries for Sections 115.247 
and 115.249, adding an entry for Section 115.540, and revising the 
entries for sections 115.541 through 115.547 and 115.549 to 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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                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
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                                                  * * * * * * *
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                                 Subchapter F--Miscellaneous Industrial Sources
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                 Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
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Section 115.540................  Applicability and             1/26/2011  9/23/2015 [Insert  ...................
                                  Definitions.                             Federal Register
                                                                           citation].
Section 115.541................  Emission Specifications       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
Section 115.542................  Control Requirements...       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
Section 115.543................  Alternate control             1/26/2011  9/23/2015 [Insert  ...................
                                  Requirements.                            Federal Register
                                                                           citation].
Section 115.544................  Inspection, Monitoring,       1/26/2011  9/23/2015 [Insert  ...................
                                  and Testing                              Federal Register
                                  Requirements.                            citation].
Section 115.545................  Approved Test Methods..       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
Section 115.546................  Recordkeeping and             1/26/2011  9/23/2015 [Insert  ...................
                                  Notification                             Federal Register
                                  Requirements.                            citation].
Section 115.547................  Exemptions.............       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].

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Section 115.549................  Compliance Schedules...       1/26/2011  9/23/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
 
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[FR Doc. 2015-23379 Filed 9-22-15; 8:45 am]
 BILLING CODE 6560-50-P