80_FR_24296 80 FR 24213 - Approval and Promulgation of Implementation Plans; Texas; Revisions to the State Implementation Plan; Stage I Regulations

80 FR 24213 - Approval and Promulgation of Implementation Plans; Texas; Revisions to the State Implementation Plan; Stage I Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24213-24216
FR Document2015-10122

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.

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24213-24216]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 donaldson.tracie@epa.gov.
    (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, 
donaldson.tracie@epa.gov. 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,

[[Page 24214]]

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
----------------------------------------------------------------------------------------------------------------
                                                       State
     State citation            Title/subject         approval/       EPA approval date          Explanation
                                                  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
115.10..................  Definitions...........       9/10/2014  4/30/2015 [Insert FR
                                                                   citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Subchapter C--Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
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].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2015-10122 Filed 4-29-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations                                        24213

                                               Dated: April 17, 2015.                                Information (CBI) or other information                I. Background
                                             Michael Bean,                                           the disclosure of which is restricted by
                                                                                                                                                           A. CAA and SIPs
                                             Principal Deputy Assistant Secretary for Fish           statute. Do not submit information
                                             and Wildlife and Parks.                                 through http://www.regulations.gov or                    Section 110 of the CAA requires states
                                             [FR Doc. 2015–10170 Filed 4–29–15; 8:45 am]             email, if you believe that it is CBI or               to develop and submit to the EPA a SIP
                                             BILLING CODE 4310–EJ–P                                  otherwise protected from disclosure.                  to ensure that state air quality meets
                                                                                                     The http://www.regulations.gov Web                    National Ambient Air Quality Standards
                                                                                                     site is an ‘‘anonymous access’’ system,               (NAAQS). The NAAQS currently
                                                                                                     which means that the EPA will not                     address six criteria pollutants: Carbon
                                             ENVIRONMENTAL PROTECTION
                                                                                                     know your identity or contact                         monoxide, nitrogen dioxide, ozone,
                                             AGENCY
                                                                                                     information unless you provide it in the              lead, particulate matter, and sulfur
                                             40 CFR Parts 52                                         body of your comment. If you send an                  dioxide. Each federally-approved SIP
                                                                                                     email comment directly to the EPA                     protects air quality primarily by
                                             [EPA–R06–OAR–2014–0846; FRL–9927–10–                                                                          addressing air pollution at its point of
                                                                                                     without going through http://
                                             Region 6]                                                                                                     origin through air pollution regulations
                                                                                                     www.regulations.gov, your email
                                                                                                     address will be automatically captured                and control strategies. The EPA-
                                             Approval and Promulgation of
                                                                                                     and included as part of the comment                   approved SIP provisions and control
                                             Implementation Plans; Texas;
                                                                                                     that is placed in the public docket and               strategies are federally enforceable.
                                             Revisions to the State Implementation
                                                                                                     made available on the Internet. If you                States revise the SIP as needed and
                                             Plan; Stage I Regulations
                                                                                                     submit an electronic comment, the EPA                 submit revisions to the EPA for review
                                             AGENCY: Environmental Protection                        recommends that you include your                      and approval.
                                             Agency (EPA).                                           name and other contact information in                 B. Why do we regulate VOCs?
                                             ACTION: Direct final rule.                              the body of your comment along with
                                                                                                     any disk or CD–ROM submitted. If the                     Volatile Organic Compound is a term
                                             SUMMARY:    The Environmental Protection                EPA cannot read your comment due to                   used to describe a class of chemicals
                                             Agency (EPA) is taking a direct final                   technical difficulties and cannot contact             that react in the atmosphere in the
                                             action to approve revisions to the Texas                you for clarification, the EPA may not                presence of sunlight to form ozone.
                                             State Implementation Plan (SIP) related                 be able to consider your comment.                     Sources include vehicle exhaust,
                                             to Stage I Regulations that were                        Electronic files should avoid the use of              gasoline vapors, oil-based paints and
                                             submitted by the State of Texas on                      special characters and any form of                    industrial operations. A regulatory
                                             November 12, 2014. The EPA evaluated                    encryption and should be free of any                  definition of Volatile Organic
                                             the SIP submittal from Texas and                        defects or viruses. For additional                    Compounds can be found at 40 CFR
                                             determined these revisions are                          information about the EPA’s public                    51.100(s). The definition in Texas can
                                             consistent with the requirements of the                 docket, visit the EPA Docket Center                   be found in 30 TAC 115.10. Oxygen in
                                             Clean Air Act (Act or CAA). The EPA                     homepage at http://www.epa.gov/                       the atmosphere reacts with VOCs and
                                             is approving this action under the                      epahome/dockets.htm.                                  Oxides of Nitrogen to form ozone, a key
                                             federal CAA.                                               Docket: The index to the docket for                component of urban smog. Inhaling
                                             DATES: This direct final rule is effective              this action is available electronically at            even low levels of ozone can trigger a
                                             on June 29, 2015 without further notice,                www.regulations.gov and in hard copy                  variety of health problems including
                                             unless the EPA receives relevant                        at EPA Region 6, 1445 Ross Avenue,                    chest pains, coughing, nausea, throat
                                             adverse comment by June 1, 2015. If the                 Suite 700, Dallas, Texas. While all                   irritation, and congestion. It also can
                                             EPA receives such comment, the EPA                      documents in the docket are listed in                 worsen bronchitis and asthma. Exposure
                                             will publish a timely withdrawal in the                 the index, some information may be                    to ozone can also reduce lung capacity
                                             Federal Register informing the public                   publicly available only at the hard copy              in healthy adults.
                                             that this rule will not take effect.                    location (e.g., copyrighted material), and            C. What is Stage I Vapor Recovery?
                                             ADDRESSES: Submit your comments,                        some may not be publicly available at
                                                                                                                                                              Capturing the vapors from the
                                             identified by Docket ID No. EPA–R06–                    either location (e.g., CBI).
                                                                                                                                                           gasoline station storage tanks as tank-
                                             OAR–2014–0846, by one of the                            FOR FURTHER INFORMATION CONTACT:                      trucks fill these tanks, and returning the
                                             following methods:                                      Ms. Tracie Donaldson, (214) 665–6633,                 vapors to the tank-truck is commonly
                                                (1) www.regulations.gov: Follow the                  donaldson.tracie@epa.gov. To inspect                  known as Stage I vapor recovery. The
                                             on-line instructions.                                   the hard copy materials, please schedule              tank-truck then carries the vapors back
                                                (2) Email: Ms. Tracie Donaldson at                   an appointment with Ms. Donaldson or                  to the bulk gasoline plant or terminal.
                                             donaldson.tracie@epa.gov.                               Mr. Bill Deese at (214) 665–7253.                     To insure the vapors are not lost in
                                                (3) Mail or Delivery: Ms. Tracie                     SUPPLEMENTARY INFORMATION:                            transit, the Texas rules also include
                                             Donaldson, Air Permits Section (6PD–                    Throughout this document wherever                     requirements that the gasoline tank-
                                             R), Environmental Protection Agency,                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           trucks be tested for vapor tightness. We
                                             1445 Ross Avenue, Suite 1200, Dallas,                   the EPA.                                              are approving the vapor recovery
                                             Texas 75202–2733.                                                                                             requirements and the vapor tightness
                                                                                                     Table of Contents
                                                Instructions: Direct your comments to                                                                      requirements.
                                             Docket ID No. EPA–R06–OAR–2014–                         I. Background
                                             0846. EPA’s policy is that all comments                    A. CAA and SIPs                                    D. SIP Revision Submitted on November
                                             received will be included in the public                    B. Why do we regulate VOCs?                        12, 2014
rmajette on DSK2VPTVN1PROD with RULES




                                             docket without change and may be                           C. What is Stage I Vapor Recovery?                   On September 10, 2014, Texas
                                                                                                        D. SIP Revision Submitted on November
                                             made available online at http://                              12, 2014
                                                                                                                                                           Commission on Environmental Quality
                                             www.regulations.gov, including any                      II. EPA’s Evaluation                                  (TCEQ) adopted revisions to 30 Texas
                                             personal information provided, unless                   III. Final Action                                     Administrative Code (TAC) Chapter
                                             the comment includes information                        IV. Incorporation by Reference                        115, Control of Air Pollution from
                                             claimed to be Confidential Business                     V. Statutory and Executive Order Reviews              Volatile Organic Compounds,


                                        VerDate Sep<11>2014   14:33 Apr 29, 2015   Jkt 235001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\30APR1.SGM   30APR1


                                             24214              Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations

                                             Subchapter A. Definitions and                           Gasoline Storage Vessels (Stage I) for                meeting Federal requirements and does
                                             Subchapter C. Volatile Organic                          Motor Vehicle Fuel Dispensing                         not impose additional requirements
                                             Compound Transfer Operations. This                      Facilities, Sections 115.221, 115.222,                beyond those imposed by state law. For
                                             review will determine if the changes to                 115.224–115.227 and 115.229, adopted                  that reason, this action:
                                             the Texas SIP are consistent with the                   on September 10, 2014, and submitted                     • Is not a ‘‘significant regulatory
                                             requirements of the Clean Air Act and                   as revisions to the Texas SIP on                      action’’ subject to review by the Office
                                             EPA’s policy and guidance.                              November 12, 2014.                                    of Management and Budget under
                                                                                                        We are approving the revisions to the              Executive Order 12866 (58 FR 51735,
                                             II. EPA’s Evaluation                                    Texas SIP under section 110 of the Act.               October 4, 1993) and 13563 (76 FR 3821,
                                                As detailed in the Technical Support                 We are publishing this rule without                   January 21, 2011);
                                             Document (TSD) accompanying this                        prior proposal because we view this as                   • does not impose an information
                                             action, the TCEQ submitted a SIP                        a noncontroversial amendment and                      collection burden under the provisions
                                             revision to the Stage I regulations found               anticipate no relevant adverse                        of the Paperwork Reduction Act (44
                                             in 30 TAC 115, Subchapter A.                            comments. However, in the proposed                    U.S.C. 3501 et seq.);
                                             Definitions and Subchapter C. Volatile                  rules section of this Federal Register                   • is certified as not having a
                                             Organic Compound Transfer                               publication, we are publishing a                      significant economic impact on a
                                             Operations. The TCEQ adopted                            separate document that will serve as the              substantial number of small entities
                                             amended sections 115.10, 115.221,                       proposal to approve the SIP revision if               under the Regulatory Flexibility Act (5
                                             115.222, 115.224–115.227 and 115.229                    relevant adverse comments are received.               U.S.C. 601 et seq.);
                                             of 30 TAC Chapter 115, Control of Air                   This rule will be effective on June 29,                  • does not contain any unfunded
                                             Pollution from Volatile Organic                         2015 without further notice unless we                 mandate or significantly or uniquely
                                             Compounds and corresponding                             receive relevant adverse comment by                   affect small governments, as described
                                             revisions to the state implementation                   June 1, 2015. If we receive relevant                  in the Unfunded Mandates Reform Act
                                             plan. The revisions preserve existing                   adverse comments, we will publish a                   of 1995 (Pub. L. 104–4);
                                             Stage I testing requirements in the 1997                timely withdrawal in the Federal                         • does not have federalism
                                             ozone nonattainment counties and                        Register informing the public that the                implications as specified in Executive
                                             specify Stage I testing requirements for                rule will not take effect. We will address            Order 13132 (64 FR 43255, August 10,
                                             gasoline dispensing facilities located in               all public comments in a subsequent                   1999);
                                             the 12 ozone nonattainment counties                     final rule based on the proposed rule.                   • is not an economically significant
                                             and 4 ozone maintenance counties that                   We will not institute a second comment                regulatory action based on health or
                                             will be affected by the decommissioning                 period on this action. Any parties                    safety risks subject to Executive Order
                                             of the Stage II vapor recovery equipment                interested in commenting must do so                   13045 (62 FR 19885, April 23, 1997);
                                             rule revision and in the 95 counties that               now. Please note that if we receive                      • is not a significant regulatory action
                                             are subject to the state Stage I rule but               adverse comment on an amendment,                      subject to Executive Order 13211 (66 FR
                                             not Stage II requirements. The adopted                  paragraph, or section of this rule and if             28355, May 22, 2001);
                                             revisions also establish testing                        that provision may be severed from the                   • is not subject to requirements of
                                             requirements that are more consistent                   remainder of the rule, we may adopt as                section 12(d) of the National
                                             with federal Stage I testing in 40 CFR                  final those provisions of the rule that are           Technology Transfer and Advancement
                                             part 63, subpart CCCCCC and are more                    not the subject of an adverse comment.                Act of 1995 (15 U.S.C. 272 note) because
                                             appropriate for Stage I facilities.                                                                           application of those requirements would
                                                Previously, in separate actions, we                  IV. Incorporation by Reference
                                                                                                        In this direct final rule, the EPA is              be inconsistent with the Clean Air Act;
                                             found that Texas’ Stage I regulations
                                                                                                     finalizing regulatory text that includes              and
                                             meet Reasonably Available Control
                                                                                                     incorporation by reference. In                           • does not provide the EPA with the
                                             Technology (RACT) requirements for
                                                                                                     accordance with requirements of 1 CFR                 discretionary authority to address, as
                                             the 1997 ozone standard in Dallas-Fort
                                                                                                     51.5, the EPA is finalizing the                       appropriate, disproportionate human
                                             Worth area (January 14, 2009, 74 FR
                                                                                                     incorporation by reference of the Texas               health or environmental effects, using
                                             1903) and for the Houston-Galveston-
                                                                                                     Stage I requirements described in the                 practicable and legally permissible
                                             Brazoria area (April 2, 2013, 63 FR
                                                                                                     Final Action section above. The EPA                   methods, under Executive Order 12898
                                             19599). The current revisions update
                                                                                                     has made, and will continue to make,                  (59 FR 7629, February 16, 1994).
                                             RACT where applicable for 1997 ozone
                                             nonattainment counties in Texas.                        these documents generally available                   The SIP is not approved to apply on any
                                                The revisions will enhance the EPA-                  electronically through                                Indian reservation land or in any other
                                             approved SIP because they will not                      www.regulations.gov and/or in hard                    area where the EPA or an Indian tribe
                                             result in any loss in emission                          copy at the appropriate EPA office (see               has demonstrated that a tribe has
                                             reductions, will become more                            the ADDRESSES section of this preamble                jurisdiction. In those areas of Indian
                                             enforceable with the test methods in                    for more information).                                country, the rule does not have tribal
                                             place and will be more consistent with                                                                        implications and will not impose
                                                                                                     V. Statutory and Executive Order                      substantial direct costs on tribal
                                             the federal Stage I testing requirements;
                                                                                                     Reviews                                               governments or preempt tribal law as
                                             therefore, we are approving them into
                                             the Texas SIP.                                            Under the CAA, the Administrator is                 specified by Executive Order 13175 (65
                                                                                                     required to approve a SIP submission                  FR 67249, November 9, 2000).
                                             III. Final Action                                       that complies with the provisions of the                 The Congressional Review Act, 5
                                                For the reasons stated above and in                  Act and applicable federal regulations.               U.S.C. 801 et seq., as added by the Small
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                                             the TSD, the EPA is taking direct final                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Business Regulatory Enforcement
                                             action to approve revisions to the Texas                Thus, in reviewing SIP submissions, the               Fairness Act of 1996, generally provides
                                             SIP pertaining to Stage I regulations at                EPA’s role is to approve state choices,               that before a rule may take effect, the
                                             30 TAC, Chapter 115, Subchapter A:                      provided that they meet the criteria of               agency promulgating the rule must
                                             Definitions, Section 115.10 and                         the Clean Air Act. Accordingly, this                  submit a rule report, which includes a
                                             Subchapter C, Division 2: Filling of                    action merely approves state law as                   copy of the rule, to each House of the


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                                                                     Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations                                                                        24215

                                             Congress and to the Comptroller General                              it extend the time within which a                                   PART 52—APPROVAL AND
                                             of the United States. The EPA will                                   petition for judicial review may be filed,                          PROMULGATION OF
                                             submit a report containing this action                               and shall not postpone the effectiveness                            IMPLEMENTATION PLANS
                                             and other required information to the                                of such rule or action. This action may
                                             U.S. Senate, the U.S. House of                                       not be challenged later in proceedings to                           ■ 1. The authority citation for part 52
                                             Representatives, and the Comptroller                                 enforce its requirements. (See section                              continues to read as follows:
                                             General of the United States prior to                                307(b)(2).)                                                             Authority: 42 U.S.C. 7401 et seq.
                                             publication of the rule in the Federal
                                             Register. A major rule cannot take effect                            List of Subjects in 40 CFR Part 52                                  Subpart SS—Texas
                                             until 60 days after it is published in the
                                             Federal Register. This action is not a                                 Environmental protection, Air                                     ■  2. In § 52.2270(c), the table titled
                                             ‘‘major rule’’ as defined by 5 U.S.C.                                pollution control, Incorporation by                                 ‘‘EPA Approved Regulations in the
                                             804(2).                                                              reference, Intergovernmental relations,                             Texas SIP’’ is amended by adding, in
                                               Under section 307(b)(1) of the Clean                               Nitrogen dioxide, Ozone, Particulate                                sequential order, the entry for section
                                             Air Act, petitions for judicial review of                            matter, Reporting and recordkeeping                                 115.221; and revising the entries for
                                             this action must be filed in the United                              requirements, Sulfur oxides.                                        sections 115.10, 115.222, 115.224
                                             States Court of Appeals for the                                          Dated: April 22, 2015.                                          through 115.227, and 115.229 to read as
                                             appropriate circuit by June 29, 2015.                                                                                                    follows:
                                                                                                                  Ron Curry,
                                             Filing a petition for reconsideration by
                                             the Administrator of this final rule does                            Regional Administrator, Region 6.                                   § 52.2270    Identification of plan.
                                             not affect the finality of this action for                                                                                               *       *    *       *     *
                                             the purposed of judicial review nor does                                 40 CFR part 52 is amended as follows:                               (c) * * *

                                                                                                          EPA-APPROVED REGULATIONS IN THE TEXAS SIP
                                                                                                                               State
                                              State citation                         Title/subject                           approval/                     EPA approval date                                   Explanation
                                                                                                                           submittal date


                                                        *                              *                             *                           *                              *                      *                      *

                                                                                      Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds
                                                                                                              Subchapter A—Definitions

                                             115.10 ..........      Definitions .......................................        9/10/2014     4/30/2015 [Insert FR citation].

                                                        *                              *                             *                           *                              *                      *                      *

                                                                                                   Subchapter C—Volatile Organic Compound Transfer Operations


                                                        *                              *                             *                           *                              *                      *                      *

                                                                        Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities

                                             115.221 ........       Emission Specifications ..................                 9/10/2014     4/30/2015 [Insert FR citation].
                                             115.222 ........       Control Requirements .....................                 9/10/2014     4/30/2015 [Insert FR citation].

                                                         *                       *                                 *                         *                                  *                      *                      *
                                             115.224    ........    Inspection Requirements ................                   9/10/2014     4/30/2015           [Insert   FR   citation].
                                             115.225    ........    Testing Requirements .....................                 9/10/2014     4/30/2015           [Insert   FR   citation].
                                             115.226    ........    Recordkeeping Requirements ........                        9/10/2014     4/30/2015           [Insert   FR   citation].
                                             115.227    ........    Exemptions .....................................           9/10/2014     4/30/2015           [Insert   FR   citation].
                                             115.229    ........    Counties and Compliance Sched-                             9/10/2014     4/30/2015           [Insert   FR   citation].
                                                                      ules.

                                                        *                              *                             *                           *                              *                      *                      *



                                             *      *        *         *        *
                                             [FR Doc. 2015–10122 Filed 4–29–15; 8:45 am]
                                             BILLING CODE 6560–50–P
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                                             24216              Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                site is an ‘‘anonymous access’’ system,               monoxide, nitrogen dioxide, ozone,
                                             AGENCY                                                  which means that the EPA will not                     lead, particulate matter, and sulfur
                                                                                                     know your identity or contact                         dioxide. Each federally-approved SIP
                                             40 CFR Parts 52                                         information unless you provide it in the              protects air quality primarily by
                                             [EPA–R06–OAR–2015–0054; FRL–9926–91–
                                                                                                     body of your comment. If you send an                  addressing air pollution at its point of
                                             Region 6]                                               email comment directly to the EPA                     origin through air pollution regulations
                                                                                                     without going through http://                         and control strategies. The EPA-
                                             Approval and Promulgation of                            www.regulations.gov, your email                       approved SIP provisions and control
                                             Implementation Plans; State of                          address will be automatically captured                strategies are federally enforceable.
                                             Arkansas; Revisions to the State                        and included as part of the comment
                                                                                                                                                           States revise the SIP as needed and
                                             Implementation Plan; Fee Regulations                    that is placed in the public docket and
                                                                                                                                                           submit revisions to the EPA for
                                                                                                     made available on the Internet. If you
                                             AGENCY: Environmental Protection                        submit an electronic comment, the EPA                 approval.
                                             Agency (EPA).                                           recommends that you include your                      B. SIP Revision Submitted on November
                                             ACTION: Direct final rule.                              name and other contact information in                 6, 2012
                                                                                                     the body of your comment along with
                                             SUMMARY:   The Environmental Protection                 any disk or CD–ROM submitted. If the                    On June 22, 2012, the Arkansas
                                             Agency (EPA) is taking a direct final                   EPA cannot read your comment due to                   Pollution Control and Ecology
                                             action to approve revisions to the                      technical difficulties and cannot contact             Commission (APC&EC) adopted
                                             Arkansas State Implementation Plan                      you for clarification, the EPA may not                revisions to Regulation 9—Permit Fee
                                             (SIP) related to the Fee Regulations                    be able to consider your comment.                     Regulations, Regulation 19—Regulations
                                             section of the Arkansas SIP that were                   Electronic files should avoid the use of              of the Arkansas Plan of Implementation
                                             submitted by the State of Arkansas on                   special characters and any form of                    for Air Pollution Control, and
                                             November 6, 2012. The EPA has                           encryption and should be free of any                  Regulation 26—Regulations of the
                                             evaluated the SIP submittal from                        defects or viruses. For additional                    Arkansas Operating Air Permit Program.
                                             Arkansas and determined these                           information about the EPA’s public                    On October 26, 2012, APC&EC adopted
                                             revisions are consistent with the                       docket, visit the EPA Docket Center
                                             requirements of the Clean Air Act (Act                                                                        additional revisions to Regulation 19.
                                                                                                     homepage at http://www.epa.gov/
                                             or CAA). The EPA is approving this                                                                            Governor Beebe submitted these revised
                                                                                                     epahome/dockets.htm. Docket: The
                                             action under section 110 of the Act.                    index to the docket for this action is                regulations as a revision to the Arkansas
                                                                                                     available electronically at                           SIP in a letter dated November 6, 2012.
                                             DATES: This direct final rule is effective
                                             on June 29, 2015 without further notice,                www.regulations.gov and in hard copy                    The November 6th, 2012, letter
                                             unless the EPA receives relevant                        at EPA Region 6, 1445 Ross Avenue,                    requested that the EPA repeal the
                                             adverse comment by June 1, 2015. If the                 Suite 700, Dallas, Texas. While all                   current SIP-approved permit fee
                                             EPA receives such comment, the EPA                      documents in the docket are listed in                 program provisions found in Regulation
                                             will publish a timely withdrawal in the                 the index, some information may be                    9 and replace with the new provisions
                                             Federal Register informing the public                   publicly available only at the hard copy              included in the submittal for Chapters 1,
                                             that this rule will not take effect.                    location (e.g., copyrighted material), and            2,1 3, 5, and 9, of Regulation 9 which
                                             ADDRESSES: Submit your comments,                        some may not be publicly available at                 relate to the State’s air program. This
                                             identified by Docket ID No. EPA–R06–                    either location (e.g., CBI).                          action will repeal the current SIP-
                                             OAR–2015–0054, by one of the                            FOR FURTHER INFORMATION CONTACT: Ms.                  approved version of Regulation 9 and
                                             following methods:                                      Tracie Donaldson, (214) 665–6633,                     replace with the current version of
                                               (1) www.regulations.gov: Follow the                   donaldson.tracie@epa.gov. To inspect                  Regulation 9, Chapters 1, 2,2 3, 5, and
                                             on-line instructions.                                   the hard copy materials, please schedule              9 as requested by Arkansas. This
                                               (2) Email: Ms. Tracie Donaldson at                    an appointment with Ms. Donaldson or                  includes revisions to Regulation 9,
                                             donaldson.tracie@epa.gov.                               Mr. Bill Deese at (214) 665–7253.                     Chapter 5 addressing fee requirements
                                               (3) Mail or Delivery: Ms. Tracie                      SUPPLEMENTARY INFORMATION:                            for carbon dioxide and methane. The
                                             Donaldson, Air Permits Section (6PD–                    Throughout this document wherever                     revisions to Regulations 19 and 26 will
                                             R), Environmental Protection Agency,                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           be addressed in separate rulemaking by
                                             1445 Ross Avenue, Suite 1200, Dallas,                   the EPA.                                              the EPA.
                                             Texas 75202–2733.                                       Table of Contents
                                             Instructions: Direct your comments to                                                                         II. The EPA’s Evaluation
                                                                                                     I. Background
                                             Docket ID No. EPA–R06–OAR–2015–                            A. CAA and SIPs                                      As detailed in the Technical Support
                                             0054. EPA’s policy is that all comments                    B. SIP Revision Submitted on November 6,           Document (TSD) accompanying this
                                             received will be included in the public                       2012                                            action, the ADEQ 3 submitted a SIP
                                             docket without change and may be                        II. The EPA’s Evaluation
                                             made available online at http://                        III. Final Action
                                             www.regulations.gov, including any                      IV. Incorporation by Reference                          1 Only the portions of Chapter 2 that relate to the

                                             personal information provided, unless                   V. Statutory and Executive Order Reviews              Air program are included in the Arkansas SIP. The
                                             the comment includes information                                                                              definitions to include are specified in ADEQ letter
                                                                                                     I. Background                                         to the EPA dated December 11, 2014, which is
                                             claimed to be Confidential Business                                                                           available in our rulemaking docket and addressed
                                             Information (CBI) or other information                  A. CAA and SIPs
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                                                                                                                                                           in more detail in the TSD.
                                             the disclosure of which is restricted by                  Section 110 of the CAA requires states                2 Ibid.

                                             statute. Do not submit information                      to develop and submit to the EPA a SIP                  3 The Arkansas Department of Environmental

                                             through http://www.regulations.gov or                   to ensure that state air quality meets                Quality (ADEQ) is the state agency that is charged
                                                                                                                                                           with protecting, enhancing and restoring the
                                             email, if you believe that it is CBI or                 National Ambient Air Quality Standards                environment for Arkansas. The Arkansas Pollution
                                             otherwise protected from disclosure.                    (NAAQS). The NAAQS currently                          Control and Ecology Commission (APC&EC) is the
                                             The http://www.regulations.gov Web                      address six criteria pollutants: carbon               environmental policy-making body for Arkansas.



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Document Created: 2018-02-21 10:14:42
Document Modified: 2018-02-21 10:14:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactMs. 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.
FR Citation80 FR 24213 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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