80 FR 10352 - Approval and Promulgation of Implementation Plans; Texas; Revision to Control of Air Pollution From Volatile Organic Compounds; Alternative Leak Detection and Repair Work Practice
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 38 (February 26, 2015)
Federal Register Volume 80, Issue 38 (February 26, 2015)
| Page Range | 10352-10357 | |
| FR Document | 2015-03588 |
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)] [Rules and Regulations] [Pages 10352-10357] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03588] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2010-0611; FRL-9923-24-Region 6] Approval and Promulgation of Implementation Plans; Texas; Revision to Control of Air Pollution From Volatile Organic Compounds; Alternative Leak Detection and Repair Work Practice AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a Texas State Implementation Plan (SIP) revision for control of volatile organic compound (VOC) emissions from fugitive sources that was submitted to EPA on July 2, 2010. The SIP revision allows for a voluntary alternative work practice to detect fugitive emission leaks using optical gas imaging instruments under the EPA federal Leak Detection and Repair (LDAR) requirements. The EPA is approving this SIP revision pursuant to section 110 of the Clean Air Act (CAA) and consistent with EPA's guidance and regulations. DATES: This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 30, 2015. 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- 2010-0611, by one of the following methods:www.regulations.gov: Follow the on-line instructions. Email: Jennifer Huser 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 ID No. EPA-R06-OAR- 2010-0611. 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 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 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, 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 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 and any form of encryption and should be free of any defects or viruses. For additional information about 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: Jennifer Huser, (214) 665-7347, [email protected]. To inspect the hard copy materials, please schedule an appointment with Ms. Huser or Mr. Bill Deese at (214) 665- 7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. [[Page 10353]] 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 (NAAQS). These NAAQS 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 SIPs, including control strategies are federally enforceable. As needed, States revise the SIP and submit revisions to EPA for approval. B. SIP Revision Submitted on July 2, 2010 On July 2, 2010, the Texas Commission on Environmental Quality (TCEQ) submitted revisions to the Texas SIP LDAR rules to allow a voluntary alternative work practice to detect fugitive emission leaks using optical gas imaging. The submitted SIP revisions amended Texas Administrative Code (TAC) at 30 TAC Chapters 115.322-115.326, 115.352- 115.357, 115.781, 115.782, and 115.768-788, and added new 30 TAC Chapter 115.358 and 30 TAC Chapter 115.784, Control of Air Pollution from Volatile Organic Compounds. The federal and state LDAR program is a fundamental aspect of air pollution control by reducing emissions from leaking piping components and instrumentation. Section 172(c)(1) and 182 of the CAA require ozone nonattainment areas that are classified as moderate and above for ozone nonattainment to adopt Reasonably Available Control Technology (RACT) requirement for sources that are subject to Control Technique Guidelines (CTGs) issued by EPA and for ``major sources'' of VOCs and nitrogen oxides (NO X ). Major sources are defined as the following for each affected nonattainment area: In areas classified as moderate, those sources that the potential to emit at least 100 tons per year (tpy) of VOCs or NOX ; for areas classified as serious, those that have the potential to emit 50 tpy of VOCs or NOX ; and in areas classified as severe, those sources that have the potential to emit at least 25 tons per year of VOCs or NOX . See Section 182(c) of the CAA. The Dallas-Fort Worth (DFW) ozone nonattainment area for the 1997 8-hour ozone standard 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 8- hour ozone standard (75 FR 79302, December 20, 2010). The Houston- Galveston-Brazoria (HGB) ozone nonattainment area for the 1997 8-hour ozone standard consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The HGB area was classified as a severe ozone nonattainment area for the 1997 8-hour ozone NAAQS (73 FR 56983, October 1, 2008). The Beaumont Port Arthur (BPA) area of the 1997 8-hour ozone standard consists of Hardin, Jefferson, and Orange Counties. The fugitive emission LDAR rules in 30 TAC Chapter 115 (denoted as 30 TAC 115), referenced above, fall under two general categories, and are incorporated into the SIP: 1) 30 TAC 115, Subchapter D, Divisions 2 and 3 cover general VOC fugitive emission LDAR rules and were adopted to satisfy reasonably available control technology (RACT) requirements of the CAA (see 73 FR 10383, March 28, 2008 for Division 2 and 73 FR 40972, September 15, 2008 for Division 3); and 2) the highly-reactive volatile organic compounds (HRVOC) fugitive emission LDAR rules, in 30 TAC 115, Subchapter H, Division 3 were adopted as part of the HGB attainment demonstration for the one-hour ozone NAAQS (see 71 FR 52655, December 6, 2006). The revision incorporates the voluntary alternative work practice for both categories consistent with the alternative work practice adopted by the EPA on December 22, 2008 (73 FR 78199). For the first category, Subchapter D, Division 2 applies to petroleum refineries in Gregg, Nueces, and Victoria counties and 30 TAC Chapter 115, Subchapter D, Division 3 applies to the following facility types in the BPA, DFW, El Paso, and HGB areas as defined in 30 TAC 115.10: petroleum refineries; synthetic organic chemical, polymer, resin, or methyl-tert-butyl ether manufacturing processes; or natural gas/ gasoline processing operations. For the second category, 30 TAC 115, Subchapter H, Division 3 applies to the following facility types in the HGB area as defined in 30 TAC 115.10 that have HRVOC as raw material, intermediate, final product, or in a waste stream: petroleum refineries; synthetic organic chemical, polymer, resin, or methyl-tert- butyl ether manufacturing processes; or natural gas/gasoline processing operations. The SIP revision submitted by Texas is provided in the docket for this rulemaking. C. What criteria must be met for EPA to approve this 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 EPA. 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 fugitive emissions from equipment leaks are (1) Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment (EPA-450/2-78-036, June 1978), (2) Control of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants (EPA-450/3- 83-007, December 1983), and (3) Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical and Polymer Manufacturing Equipment EPA-450/3-83-006, March 1984). 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 for the 1997 8-hour ozone standard, a major source is a source having the potential to emit 50 tpy of VOC or more (CAA Sec. 182(c)). Because the HGB area is classified as a severe ozone nonattainment area for the 1-hour ozone standard, a major source is a source having the potential to emit 25 tpy of VOC or more (CAA Sec. 182(d)). [[Page 10354]] II. EPA's Evaluation The alternative work practice is a voluntary alternative to hydrocarbon analyzers required by EPA Method 21 (See the technical support document (TSD) for more detail) \1\ to detect volatile organic compound leaks from equipment such as valves, pumps, connectors, compressors, pressure relief valves, etc. While EPA demonstrated that the use of optical gas imaging in the alternative work practice is equivalent to using a hydrocarbon analyzer in EPA Method 21, the optical gas imaging technology available today is generally not capable of measuring concentration and has a higher detection limit than the hydrocarbon analyzers. Therefore, the methods are not interchangeable and therefore the alternative work practice cannot simply be included as an alternate method. The fundamental premise behind EPA's rule in allowing the alternative work practice is that more frequent monitoring with the optical gas imaging device will detect larger leaks sooner resulting in a more expedient repair of the leaks. While smaller leaks may not be detected using the optical gas imaging device, the overall control level under the optical gas imaging alternative work practice is considered equivalent, or in some cases superior to, the traditional LDAR work practice using Method 21. This makes the alternative work practice more similar to an alternate means of control rather than an alternative test method. EPA's rationale in approving the alternate work practice is further discussed in the December 22, 2008 Federal Register (73 FR 78199). While EPA adopted the use of the alternative work practice for numerous federal LDAR rules, many facilities will not be able to make use of the alternative work practice until the fugitive emission LDAR rules are revised in the Texas SIP. Additionally, the proposed SIP revision does not change the New Source Review (NSR) permit requirements, and therefore sources choosing to implement the alternative work practice will need to change the facility's permit LDAR requirements through the SIP-approved NSR permit amendment process. --------------------------------------------------------------------------- \1\ The TSD is in the docket for this rulemaking. --------------------------------------------------------------------------- In its adopted rule, TCEQ made several substantive changes that were not required by the federal alternative work practice in 40 CFR part 60.18. These additional requirements were added by TCEQ to ensure that personnel using optical gas imaging instruments have adequate training and to address quality assurance and enforcement concerns with the federal alternative work practice in 40 CFR part 60.18. These changes include:Each person operating an optical gas imaging instrument for the purposes of the alternative work practice will be required to conduct the daily instrument check. [30 TAC 115.358(c)(2)] Owners or operators electing to use the alternative work practice will be required to submit notification to the appropriate TCEQ regional office at least 30 days prior to implementation. [30 TAC 115.358(g)] Operator training will be required for personnel performing the alternative work practice. [30 TAC 115.358(h)] A specific subset of components (e.g., blind flanges, heat exchanger heads, sight glasses, etc.) subject to 30 TAC 115.781(b)(3) may be sampled at alternate frequencies for the annual Method 21 test required under the alternative work practice if the components are not subject to a federal LDAR Method 21 requirement under 40 CFR parts 60, 61, 63, or 65 [30 TAC 115.781(h)(6)]. TCEQ also added provisions to the federal alternative work practice specifically to ensure there would be no backsliding for the HRVOC fugitive emission LDAR rules in 30 TAC 115, Subchapter H, Division 3. Those changes include: For leaks greater than 10,000 part per million by volume (ppmv), rapid repair times are required under 30 TAC 115.782(b) and extraordinary efforts must be undertaken within a shorter time period to qualify for delay of repair under 30 TAC 115.782(c). The rulemaking will require any leak detected using the alternative work practice to meet the more stringent repair time limits of 30 TAC 115.782(b) and (c) unless a Method 21 test is done to demonstrate that the leak is 10,000 ppmv or less. The rule will retain the third-party audit requirements of 30 TAC 115.788; however, an alternative audit procedure will be required if the company is using the alternative work practice. Consistent with EPA guidance, Protocol for Equipment Leak Emission Estimates, EPA-453/R-95-017, November 1995, 30 TAC 115.782(c) requires companies to use EPA correlation equations for calculating emissions. For leaks detected using the alternative work practice, a company will be required to use the 100,000 ppmv pegged emission rates from the same section of the EPA guidance document currently referenced in the rule at 30 TAC 115.782(c)(1)(i)(II). The SIP revision is approvable as it is consistent with the EPA federal LDAR rule that provides an alternative to required monitoring for fugitive components to ensure facilities identify and repair leaking equipment in a timely and effective manner to reduce fugitive air emissions. In addition the SIP revision improves upon the SIP- approved rules in that it provides for this voluntary alternative method for the detection of fugitive emissions from leaking components, as detailed in our TSD. Approval of this SIP revision would not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the CAA. Lastly, EPA's review indicates that the Texas AWP provisions are as stringent as or more stringent than the federal AWP and provide no relaxation of the state's rules for leak detection and repair. III. Final Action We are taking direct final action to approve revisions to the Texas SIP that pertain to the control of air pollution from VOCs alternative LDAR work practice, adopted by the TCEQ on June 2, 2010, and submitted to the EPA on July 2, 2010. EPA is approving these revisions in accordance with sections 110, 173 and 182 of the CAA and consistent with EPA's guidance and regulations. EPA is 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 April 27, 2015 without further notice unless we receive relevant adverse comment by March 30, 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 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. [[Page 10355]] 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 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); 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, the SIP is not approved to apply on any Indian reservation land or in any other area where 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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 April 27, 2015. 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, Alternative work practice, Incorporation by reference, Leak detection and repair, Optical gas imaging, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 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: 0 a. Revising the entries for sections 115.322 through 115.326, 115.352 through 115.357, 115.781, 115.782, and 115.786 through 115.788; and 0 b. Adding in sequential order entries for sections 115.358 and 115.784. The revisions and additions read as follows: Sec. 52.2270 Identification of plan. * * * * * (c) * * * EPA Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject submittal EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes ---------------------------------------------------------------------------------------------------------------- [[Page 10356]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties ---------------------------------------------------------------------------------------------------------------- Section 115.322.................. Control Requirements. 6/2/2010 2/26/2015 [Insert ................... Federal Register citation]. Section 115.323.................. Alternate Control 6/2/2010 2/26/2015 [Insert ................... Requirements. Federal Register citation]. Section 115.324.................. Inspection 6/2/2010 2/26/2015 [Insert ................... Requirements. Federal Register citation]. Section 115.325.................. Testing Requirements. 6/2/2010 2/26/2015 [Insert ................... Federal Register citation]. Section 115.326.................. Recordkeeping 6/2/2010 2/26/2015 [Insert ................... Requirements. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- Section 115.352.................. Control Requirements. 6/2/2010 2/26/2015 [Insert ................... Federal Register citation]. Section 115.353.................. Alternate Control 6/2/2010 2/26/2015 [Insert ................... Requirements. Federal Register citation]. Section 115.354.................. Monitoring and 6/2/2010 2/26/2015 [Insert ................... Inspection Federal Register Requirements. citation]. Section 115.355.................. Approved Test Methods 6/2/2010 2/26/2015 [Insert ................... Federal Register citation]. Section 115.356.................. Recordkeeping 6/2/2010 2/26/2015 [Insert ................... Requirements. Federal Register citation]. Section 115. 357................. Exemptions........... 6/2/2010 2/26/2015 [Insert ................... Federal Register citation]. Section 115.358.................. Alternative Work 6/2/2010 2/26/2015 [Insert ................... Practice. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter H--Highly-Reactive Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 3: Fugitive Emissions ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 115.781.................. General Monitoring 6/2/2010 2/26/2015 [Insert ................... and Inspection Federal Register Requirements. citation]. Section 115.782.................. Procedures and 6/2/2010 2/26/2015 [Insert ................... Schedule for Leak Federal Register Repair and Follow-up. citation]. * * * * * * * Section 115.784.................. Alternate Control 6/2/2010 2/26/2015 [Insert ................... Requirements. Federal Register citation]. Section 115.786.................. Recordkeeping 6/2/2010 2/26/2015 [Insert ................... Requirements. Federal Register citation]. Section 115.787.................. Exemptions........... 6/2/2010 2/26/2015 [Insert ................... Federal Register citation]. Section 115.788.................. Audit Provisions..... 6/2/2010 2/26/2015 [Insert ................... Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 10357]] * * * * * [FR Doc. 2015-03588 Filed 2-25-15; 8:45 am] BILLING CODE 6560-50-P
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under authority of 44 U.S.C. Sections 2904 Component, for purposes of sharing such Instructions: Direct your comments to
and 2906. information as is necessary and relevant for Docket ID No. EPA–R06–OAR–2010–
(12) Disclosure of Information to National the agencies to the detection, prevention, 0611. EPA’s policy is that all comments
Archives and Records Administration disruption, preemption, and mitigation of the
Routine Use. A record from a system of effects of terrorist activities against the received will be included in the public
records maintained by a DoD component may territory, people, and interests of the United docket without change and may be
be disclosed as a routine use to National States of America as contemplated by the made available online at http://
Archives and Records Administration for the Intelligence Reform and Terrorism Protection www.regulations.gov, including any
purpose of records management inspections Act of 2004 (Pub. L. 108–458) and Executive personal information provided, unless
conducted under authority of 44 U.S.C.s 2904 Order 13388 (October 25, 2005). the comment includes information
and 2906. [FR Doc. 2015–03862 Filed 2–25–15; 8:45 am] claimed to be Confidential Business
(13) Disclosure to the Merit Systems
Protection Board Routine Use. A record from
BILLING CODE 3710–08–P Information (CBI) or other information
a system of records maintained by a DoD the disclosure of which is restricted by
component may be disclosed as a routine use statute. Do not submit information
to the Merit Systems Protection Board, ENVIRONMENTAL PROTECTION through http://www.regulations.gov or
including the Office of the Special Counsel AGENCY email, if you believe that it is CBI or
for the purpose of litigation, including otherwise protected from disclosure.
administrative proceedings, appeals, special 40 CFR Part 52 The http://www.regulations.gov Web
studies of the civil service and other merit
systems, review of the Office of Personnel [EPA–R06–OAR–2010–0611; FRL–9923–24– site is an ‘‘anonymous access’’ system,
Management or component rules and Region 6] which means that EPA will not know
regulations, investigation of alleged or your identity or contact information
possible prohibited personnel practices, Approval and Promulgation of unless you provide it in the body of
including administrative proceedings Implementation Plans; Texas; Revision your comment. If you send an email
involving any individual subject of a DoD to Control of Air Pollution From comment directly to EPA without going
investigation, and such other functions, Volatile Organic Compounds; through http://www.regulations.gov,
promulgated in 5 U.S.C.s 1205 and 1206, or Alternative Leak Detection and Repair
as may be authorized by law.
your email address will be
Work Practice
(14) Counterintelligence Purposes Routine automatically captured and included as
Use. A record from a system of records AGENCY: Environmental Protection part of the comment that is placed in the
maintained by a DoD component may be Agency (EPA). public docket and made available on the
disclosed as a routine use outside the DoD or ACTION: Direct final rule. Internet. If you submit an electronic
the U.S. Government for the purpose of comment, EPA recommends that you
counterintelligence activities authorized by SUMMARY: The Environmental Protection include your name and other contact
U.S. Law or Executive Order or for the Agency (EPA) is taking direct final information in the body of your
purpose of enforcing laws which protect the action to approve a Texas State comment along with any disk or CD–
national security of the United States. Implementation Plan (SIP) revision for
(15) Data Breach Remediation Purposes ROM submitted. If EPA cannot read
control of volatile organic compound your comment due to technical
Routine Use. A record from a system of
(VOC) emissions from fugitive sources difficulties and cannot contact you for
records maintained by a Component may be
disclosed to appropriate agencies, entities, that was submitted to EPA on July 2, clarification, EPA may not be able to
and persons when: 2010. The SIP revision allows for a consider your comment. Electronic files
(1) The Component suspects or has voluntary alternative work practice to should avoid the use of special
confirmed that the security or confidentiality detect fugitive emission leaks using characters and any form of encryption
of the information in the system of records optical gas imaging instruments under and should be free of any defects or
has been compromised; the EPA federal Leak Detection and
(2) The Component has determined that as viruses. For additional information
Repair (LDAR) requirements. The EPA about EPA’s public docket, visit the EPA
a result of the suspected or confirmed is approving this SIP revision pursuant
compromise there is a risk of harm to Docket Center homepage at http://
to section 110 of the Clean Air Act www.epa.gov/epahome/dockets.htm.
economic or property interests, identity theft
or fraud, or harm to the security or integrity (CAA) and consistent with EPA’s
guidance and regulations. Docket: The index to the docket for
of this system or other systems or programs
(whether maintained by the Component or DATES: This rule is effective on April 27, this action is available electronically at
another agency or entity) that rely upon the 2015 without further notice, unless EPA www.regulations.gov and in hard copy
compromised information; and receives relevant adverse comment by at EPA Region 6, 1445 Ross Avenue,
(3) The disclosure made to such agencies, March 30, 2015. If EPA receives such Suite 700, Dallas, Texas. While all
entities, and persons is reasonably necessary comment, EPA will publish a timely documents in the docket are listed in
to assist in connection with the Component’s the index, some information may be
withdrawal in the Federal Register
efforts to respond to the suspected or publicly available only at the hard copy
confirmed compromise and prevent, informing the public that this rule will
not take effect. location (e.g., copyrighted material), and
minimize, or remedy such harm.
(16) Information Sharing Environment ADDRESSES: Submit your comments,
some may not be publicly available at
Routine Use. A record from a system of identified by Docket No. EPA–R06– either location (e.g., CBI).
records maintained by a Component OAR–2010–0611, by one of the FOR FURTHER INFORMATION CONTACT:
consisting of, or relating to, terrorism following methods: Jennifer Huser, (214) 665–7347,
information (6 U.S.C. 485(a)(4)), homeland • www.regulations.gov: Follow the huser.jennifer@epa.gov. To inspect the
security information (6 U.S.C. 482(f)(1)), or on-line instructions.
law enforcement information (Guideline 2 hard copy materials, please schedule an
• Email: Jennifer Huser at
rmajette on DSK2VPTVN1PROD with RULES
Report attached to White House appointment with Ms. Huser or Mr. Bill
Memorandum, ‘‘Information Sharing
huser.jennifer@epa.gov. Deese at (214) 665–7253.
Environment Reports,’’ November 22, 2006) • Mail or delivery: Mr. Guy
may be disclosed to a Federal, State, local, Donaldson, Chief, Air Planning Section SUPPLEMENTARY INFORMATION:
tribal, territorial, foreign governmental and/ (6PD–L), Environmental Protection Throughout this document wherever
or multinational agency, either in response to Agency, 1445 Ross Avenue, Suite 1200, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
its request or upon the initiative of the Dallas, Texas 75202–2733. the EPA.
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![10354 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations
II. EPA’s Evaluation work practice in 40 CFR part 60.18. rule that provides an alternative to
The alternative work practice is a These changes include: required monitoring for fugitive
voluntary alternative to hydrocarbon • Each person operating an optical components to ensure facilities identify
analyzers required by EPA Method 21 gas imaging instrument for the purposes and repair leaking equipment in a
(See the technical support document of the alternative work practice will be timely and effective manner to reduce
(TSD) for more detail) 1 to detect volatile required to conduct the daily fugitive air emissions. In addition the
instrument check. [30 TAC SIP revision improves upon the SIP-
organic compound leaks from
115.358(c)(2)] approved rules in that it provides for
equipment such as valves, pumps,
• Owners or operators electing to use
connectors, compressors, pressure relief this voluntary alternative method for the
the alternative work practice will be
valves, etc. While EPA demonstrated required to submit notification to the detection of fugitive emissions from
that the use of optical gas imaging in the appropriate TCEQ regional office at least leaking components, as detailed in our
alternative work practice is equivalent 30 days prior to implementation. [30 TSD. Approval of this SIP revision
to using a hydrocarbon analyzer in EPA TAC 115.358(g)] would not interfere with any applicable
Method 21, the optical gas imaging • Operator training will be required requirement concerning attainment and
technology available today is generally for personnel performing the alternative reasonable further progress or any other
not capable of measuring concentration work practice. [30 TAC 115.358(h)] applicable requirement of the CAA.
and has a higher detection limit than the • A specific subset of components Lastly, EPA’s review indicates that the
hydrocarbon analyzers. Therefore, the (e.g., blind flanges, heat exchanger Texas AWP provisions are as stringent
methods are not interchangeable and heads, sight glasses, etc.) subject to 30 as or more stringent than the federal
therefore the alternative work practice TAC 115.781(b)(3) may be sampled at AWP and provide no relaxation of the
cannot simply be included as an alternate frequencies for the annual state’s rules for leak detection and
alternate method. The fundamental Method 21 test required under the repair.
premise behind EPA’s rule in allowing alternative work practice if the
the alternative work practice is that components are not subject to a federal III. Final Action
more frequent monitoring with the LDAR Method 21 requirement under 40
optical gas imaging device will detect We are taking direct final action to
CFR parts 60, 61, 63, or 65 [30 TAC
larger leaks sooner resulting in a more 115.781(h)(6)]. approve revisions to the Texas SIP that
expedient repair of the leaks. While TCEQ also added provisions to the pertain to the control of air pollution
smaller leaks may not be detected using federal alternative work practice from VOCs alternative LDAR work
the optical gas imaging device, the specifically to ensure there would be no practice, adopted by the TCEQ on June
overall control level under the optical backsliding for the HRVOC fugitive 2, 2010, and submitted to the EPA on
gas imaging alternative work practice is emission LDAR rules in 30 TAC 115, July 2, 2010. EPA is approving these
considered equivalent, or in some cases Subchapter H, Division 3. Those revisions in accordance with sections
superior to, the traditional LDAR work changes include: 110, 173 and 182 of the CAA and
practice using Method 21. This makes • For leaks greater than 10,000 part consistent with EPA’s guidance and
the alternative work practice more per million by volume (ppmv), rapid regulations.
similar to an alternate means of control repair times are required under 30 TAC EPA is publishing this rule without
rather than an alternative test method. 115.782(b) and extraordinary efforts
EPA’s rationale in approving the prior proposal because we view this as
must be undertaken within a shorter
alternate work practice is further a non-controversial amendment and
time period to qualify for delay of repair
discussed in the December 22, 2008 under 30 TAC 115.782(c). The anticipate no adverse comments.
Federal Register (73 FR 78199). While rulemaking will require any leak However, in the proposed rules section
EPA adopted the use of the alternative detected using the alternative work of this Federal Register publication, we
work practice for numerous federal practice to meet the more stringent are publishing a separate document that
LDAR rules, many facilities will not be repair time limits of 30 TAC 115.782(b) will serve as the proposal to approve the
able to make use of the alternative work and (c) unless a Method 21 test is done SIP revision if relevant adverse
practice until the fugitive emission to demonstrate that the leak is 10,000 comments are received. This rule will
LDAR rules are revised in the Texas SIP. ppmv or less. be effective on April 27, 2015 without
Additionally, the proposed SIP revision • The rule will retain the third-party further notice unless we receive relevant
does not change the New Source Review audit requirements of 30 TAC 115.788; adverse comment by March 30, 2015. If
(NSR) permit requirements, and however, an alternative audit procedure we receive relevant adverse comments,
therefore sources choosing to implement will be required if the company is using we will publish a timely withdrawal in
the alternative work practice will need the alternative work practice. the Federal Register informing the
to change the facility’s permit LDAR • Consistent with EPA guidance, public that the rule will not take effect.
requirements through the SIP-approved Protocol for Equipment Leak Emission We will address all public comments in
NSR permit amendment process. Estimates, EPA–453/R–95–017, a subsequent final rule based on the
In its adopted rule, TCEQ made November 1995, 30 TAC 115.782(c) proposed rule. We will not institute a
several substantive changes that were requires companies to use EPA second comment period on this action.
not required by the federal alternative correlation equations for calculating Any parties interested in commenting
work practice in 40 CFR part 60.18. emissions. For leaks detected using the
must do so now. Please note that if we
These additional requirements were alternative work practice, a company
receive relevant adverse comment on an
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added by TCEQ to ensure that personnel will be required to use the 100,000
using optical gas imaging instruments ppmv pegged emission rates from the amendment, paragraph, or section of
have adequate training and to address same section of the EPA guidance this rule and if that provision may be
quality assurance and enforcement document currently referenced in the severed from the remainder of the rule,
concerns with the federal alternative rule at 30 TAC 115.782(c)(1)(i)(II). we may adopt as final those provisions
The SIP revision is approvable as it is of the rule that are not the subject of an
1 The TSD is in the docket for this rulemaking. consistent with the EPA federal LDAR adverse comment.
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![10356 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
approval/
State citation Title/subject EPA approval date Explanation
submittal
date
* * * * * * *
Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties
Section 115.322 ................ Control Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.323 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.324 ................ Inspection Requirements ........................... 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.325 ................ Testing Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.326 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal
Register citation].
* * * * * * *
Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone
Nonattainment Areas
Section 115.352 ................ Control Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.353 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.354 ................ Monitoring and Inspection Requirements .. 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.355 ................ Approved Test Methods ............................. 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.356 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115. 357 ............... Exemptions ................................................. 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.358 ................ Alternative Work Practice ........................... 6/2/2010 2/26/2015 [Insert Federal
Register citation].
* * * * * * *
Subchapter H—Highly-Reactive Volatile Organic Compounds
* * * * * * *
Division 3: Fugitive Emissions
* * * * * * *
Section 115.781 ................ General Monitoring and Inspection Re- 6/2/2010 2/26/2015 [Insert Federal
quirements. Register citation].
Section 115.782 ................ Procedures and Schedule for Leak Repair 6/2/2010 2/26/2015 [Insert Federal
and Follow-up. Register citation].
* * * * * * *
Section 115.784 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.786 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.787 ................ Exemptions ................................................. 6/2/2010 2/26/2015 [Insert Federal
Register citation].
Section 115.788 ................ Audit Provisions ......................................... 6/2/2010 2/26/2015 [Insert Federal
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Register citation].
* * * * * * *
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![Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10357
* * * * * Office normal hours of operation, and FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–03588 Filed 2–25–15; 8:45 am] special arrangements should be made Margaret Sieffert, Environmental
BILLING CODE 6560–50–P for deliveries of boxed information. The Engineer, U.S. Environmental Protection
Regional Office official hours of Agency, Region 5, 77 West Jackson
business are Monday through Friday, Boulevard (AT–18J), Chicago, Illinois
ENVIRONMENTAL PROTECTION 8:30 a.m. to 4:30 p.m. excluding Federal 60604, (312) 353–1151,
AGENCY holidays. sieffert.margaret@epa.gov.
Instructions: Direct your comments to SUPPLEMENTARY INFORMATION:
40 CFR Part 62 Docket ID No. EPA–R05–OAR–2009– Throughout this document whenever
[EPA–R05–OAR–2009–0554; FRL–9923–35– 0554. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Region 5] received will be included in the public EPA. This supplementary information
docket without change and may be section is arranged as follows:
Approval of Other Solid Waste made available online at I. Background
Incineration Units State Plan for www.regulations.gov, including any II. What does the state plan contain?
Designated Facilities and Pollutants: personal information provided, unless III. Does the state plan meet the EPA
Indiana the comment includes information requirements?
claimed to be Confidential Business IV. What action is EPA taking?
AGENCY: Environmental Protection Information (CBI) or other information V. Statutory and Executive Order Reviews
Agency. whose disclosure is restricted by statute.
ACTION: Direct final rule.
I. Background
Do not submit information that you
consider to be CBI or otherwise On December 16, 2005, in accordance
SUMMARY: The Environmental Protection with sections 111 and 129 of the Act,
Agency (EPA) is approving Indiana’s protected through www.regulations.gov
or email. The www.regulations.gov Web EPA promulgated OSWI EGs and
State Plan to control air pollutants from compliance schedules for the control of
‘‘Other Solid Waste Incineration’’ site is an ‘‘anonymous access’’ system,
which means EPA will not know your emissions from existing OSWI units. See
(OSWI) units. The Indiana Department 70 FR 74870. EPA codified these
identity or contact information unless
of Environmental Management (IDEM) regulations at 40 CFR part 60, subpart
you provide it in the body of your
submitted the State Plan to EPA on FFFF. They include a model rule at 40
comment. If you send an email
November 27, 2007. The State Plan is CFR 60.3000 through 60.3078. ‘‘OSWI
comment directly to EPA without going
consistent with Emission Guidelines units’’ are very small municipal waste
through www.regulations.gov your email
(EG) promulgated by EPA on December combustors and institutional waste
address will be automatically captured
16, 2005. This approval means that EPA incinerators. See 40 CFR 60.3078.
and included as part of the comment
finds that the State Plan meets Under section 111(d) of the Act, EPA
that is placed in the public docket and
applicable Clean Air Act (Act) is required to develop regulations for
made available on the Internet. If you
requirements for OSWI units for which submit an electronic comment, EPA existing sources of noncriteria
construction commenced on or before recommends that you include your pollutants (i.e., a pollutant for which
December 4, 2004. Once effective, this name and other contact information in there is no national ambient air quality
approval also makes the State Plan the body of your comment and with any standard) whenever EPA promulgates a
Federally enforceable. disk or CD–ROM you submit. If EPA standard for a new source. These would
DATES: This direct final rule will be cannot read your comment due to include OSWI units. Section 111(d)
effective April 27, 2015, unless EPA technical difficulties and cannot contact plans are subject to EPA review and
receives adverse comments by March you for clarification, EPA may not be approval.
30, 2015. If adverse comments are able to consider your comment. Under section 129(b)(2) of the Act and
received, EPA will publish a timely Electronic files should avoid the use of the regulations at Subpart FFFF, states
withdrawal of the direct final rule in the special characters, any form of with OSWI units must submit to EPA
Federal Register informing the public encryption, and be free of any defects or plans that implement the EGs. The
that the rule will not take effect. viruses. plans must be at least as protective as
ADDRESSES: Submit your comments, Docket: All documents in the docket the EGs, which are not Federally
identified by Docket ID No. EPA–R05– are listed in the www.regulations.gov enforceable until EPA approves a State
OAR–2009–0554, by one of the index. Although listed in the index, Plan (or promulgates a Federal Plan for
following methods: some information is not publicly implementation and enforcement).
1. www.regulations.gov: Follow the available, e.g., CBI or other information 40 CFR part 60, subpart B contains
on-line instructions for submitting whose disclosure is restricted by statute. general provisions applicable to the
comments. Certain other material, such as adoption and submittal of State Plans
2. Email: nash.carlton@epa.gov. copyrighted material, will be publicly for subject facilities under section
3. Fax: (312) 692–2543. available only in hard copy. Publicly 111(d), which would include OSWI
4. Mail: Carlton T. Nash, Chief, available docket materials are available units. On November 27, 2007, Indiana
Integrated Air Toxics Section, Air either electronically in submitted its OSWI State Plan to EPA.
Toxics and Assessment Branch (AT– www.regulations.gov or in hard copy at This submission followed public
18J), U.S. Environmental Protection the Environmental Protection Agency, hearings for preliminary adoption of the
Agency, 77 West Jackson Boulevard, Region 5, Air and Radiation Division, 77 State Plan on December 6, 2006 and for
Chicago, Illinois 60604. West Jackson Boulevard, Chicago, final adoption on February 7, 2007. The
State adopted the final Plan on February
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5. Hand Delivery: Carlton T. Nash, Illinois 60604. This Facility is open
Chief, Integrated Air Toxics Section, Air from 8:30 a.m. to 4:30 p.m., Monday 7, 2007, and became effective on August
Toxics and Assessment Branch (AT– through Friday, excluding legal 9, 2007. The Plan includes State rule
18J), U.S. Environmental Protection holidays. We recommend that you 326 IAC 11–9, which establishes
Agency, 77 West Jackson Boulevard, telephone Margaret Sieffert, emission standards for existing OSWI.
Chicago, Illinois 60604. Such deliveries Environmental Engineer, at (312) 353– EPA was sued and subsequently State
are only accepted during the Regional 1151 before visiting the Region 5 office. Plan submittals were put on hold. See
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Document Created: 2015-12-18 13:05:35
Document Modified: 2015-12-18 13:05:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 30, 2015. 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. | |
| Contact | Jennifer Huser, (214) 665-7347, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Huser or Mr. Bill Deese at (214) 665- 7253. | |
| FR Citation | 80 FR 10352 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Alternative Work Practice; Incorporation by Reference; Leak Detection and Repair; Optical Gas Imaging; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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