80_FR_27343 80 FR 27251 - Approval and Promulgation of Implementation Plans; Texas; Revision To Control Volatile Organic Compound Emissions From Storage Tanks and Transport Vessels

80 FR 27251 - Approval and Promulgation of Implementation Plans; Texas; Revision To Control Volatile Organic Compound Emissions From Storage Tanks and Transport Vessels

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 92 (May 13, 2015)

Page Range27251-27255
FR Document2015-11451

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

Federal Register, Volume 80 Issue 92 (Wednesday, May 13, 2015)
[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Rules and Regulations]
[Pages 27251-27255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11451]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0079; FRL-9927-59-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

DATES: This rule is effective on July 13, 2015 without further notice, 
unless EPA receives relevant adverse comment by June 12, 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-
2011-0079, by one of the following methods:
     www.regulations.gov. Follow the online instructions.
     Email: Mr. Robert M. Todd at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2011-
0079. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.

[[Page 27252]]

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

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

Table of Contents

I. Background
II. 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 Clean Air Act (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 ambient standards 
currently address six criteria pollutants: carbon monoxide, nitrogen 
dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each 
federally-approved SIP protects air quality primarily by addressing air 
pollution at its point of origin through air pollution regulations and 
control strategies. EPA approved SIP regulations and control strategies 
are federally enforceable. States revise the SIP as needed and submit 
revisions to EPA for approval.
    Under Section 182(b)(2) of the Act, major stationary sources and 
sources covered by control technique guidelines are required to 
implement RACT in moderate and above ozone nonattainment areas.

B. Volatile Organic Compounds (VOC) and Degassing Emissions

    Volatile organic compounds are an ``ozone precursor,'' as they 
react with oxygen, nitrogen oxides (NOX) and sunlight to 
form ozone. Controlling sources of VOC and NOX emissions can 
lower ozone levels in the ambient air. VOC degassing emissions occur 
when VOC storage tanks, transport vessels and marine vessels are vented 
and prepared for cleaning, maintenance or change of service. 
Requirements to control degassing emissions, use low-leaking tank 
fittings on some control options, monitor control effectiveness and 
report compliance from degassing operations were implemented in HGB and 
BPA (62 FR 27964, May 22, 1997). In DFW and El Paso County, these rules 
were adopted as contingency measures under the 1-hour ozone standard 
(62 FR 27964). These VOC requirements for HGB were later updated (75 FR 
15348, March 29, 2010 and 78 FR 19599, April 2, 2013). For Collin, 
Dallas, Denton and Tarrant Counties in the DFW nonattainment area, the 
contingency measures were not triggered or otherwise implemented under 
the 1-hour ozone standard, and were left in place (applying only to 
Collin, Dallas, Denton and Tarrant Counties) as contingency measures 
under the 1997 8-hour ozone standard (74 FR 1903, January 14, 2009). 
Texas implemented these contingency measure rules for Collin, Dallas, 
Denton and Tarrant Counties on May 21, 2011 (35 TexReg 4268, May 21, 
2010) when the area failed to meet the 1997 8-hour standard by the 
moderate area attainment date of June 15, 2010.

C. SIP Revision Submitted on February 18, 2011

    A SIP submission revising the rules for controlling VOC emissions 
from degassing of storage tanks, transport vessels and marine vessels 
was adopted by Texas on January 26, 2011, and submitted to us on 
February 18, 2011. The revisions submitted by Texas Commission on 
Environmental Quality (TCEQ) apply to Brazoria, Chambers, Collin, 
Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, 
Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties.
    The revision repeals Title 30, Chapter 115 of the Texas 
Administrative Code (30 TAC 115) sections 115.541, 115.542 and 115.545; 
adds new sections 115.540-115.542 and 115.545; and amends existing 
sections 115.543, 115.544, 115.546, 115.547 and 115.549. The revision 
(1) reformats the existing rule to simplify and clarify rule 
requirements; (2) modifies VOC control requirements in Brazoria, 
Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and 
Waller Counties; (3) makes changes to provide additional flexibility 
for affected owners and operators allowing for the use of alternative 
control options; and (4) makes non-substantive changes to VOC control 
provisions that apply in Brazoria, Chambers, Collin, Dallas, Denton, El 
Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, 
Montgomery, Orange, Tarrant and Waller Counties.
    Also, the regulation continues to apply to El Paso County on a 
contingency basis; i.e., the control requirements of the rule will not 
apply to affected owner/operators in El Paso County unless the agency 
determines regulation is necessary as a result of a failure to attain 
the NAAQS for ozone by the attainment deadline or the State fails to 
demonstrate reasonable further progress in the El Paso County according 
to the requirements of the 1990 Amendments to the CAA, section 
172(c)(9).
    This revision clarifies that degassing emissions of storage tanks 
and transport vessels for sources in Collin, Dallas, Denton, and 
Tarrant Counties are required to meet the control require-ments of the 
rule at this time. The requirements do not apply to storage tanks or 
vessels in Ellis, Johnson, Kaufman, Parker, Rockwall or Wise 
Counties.\1\ When the DFW area was reclassified as a Serious ozone 
nonattainment area for the 1997 ozone standard (75 FR 79302, December 
20, 2010) the TCEQ published the notice requiring compliance with 
degassing requirements in DFW by May 21, 2011 (35 TexReg 4268, May 21, 
2010.). This action clarifies that the degassing requirements are in 
effect for Collin, Dallas, Denton and Tarrant Counties.
---------------------------------------------------------------------------

    \1\ On March 27, 2008 (73 FR 16436), the EPA promulgated a 
revised 8-hour ozone NAAQS of 0.075 ppm, known as the 2008 ozone 
standard. On April 30, 2012, the EPA promulgated designations under 
the 2008 ozone standard (77 FR 30088) and in that action, the EPA 
designated 10 counties in the DFW area as a Moderate ozone 
nonattainment area: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Rockwall, Tarrant, and Wise. The EPA's actions here with 
respect to DFW, only address the counties which comprised the DFW 
nonattainment area under the 1-hour ozone standard.
---------------------------------------------------------------------------

    For the HGB area, the rule revisions maintain the existing 
requirement that VOC vapors generated during degassing operations be 
routed to a device that maintains a control efficiency of at least 90% 
for the affected sources.\2\
---------------------------------------------------------------------------

    \2\ The HGB area is classified as a severe ozone nonattainment 
area for the 1997 8-hour ozone NAAQS (73 FR 56983, October 1, 2008). 
Under the 2008 ozone standard the HGB area is classified as a 
Marginal ozone nonattainment area (77 FR 30088).
---------------------------------------------------------------------------

    For DFW, HGB and BPA, the revisions add an explicit requirement 
that any flare used for control must be designed and operated according 
to 40 CFR 60.18(b)-(f) as amended through December 22, 2008, and that 
the flare must be lit at all times VOC vapors are routed to the device 
during degassing operations. The TCEQ added this requirement to clarify 
the intent of the rule is for both the flare flame and the

[[Page 27253]]

pilot to the flare be lit at all times VOC vapors are routed to the 
device.
    The SIP revision submitted by Texas may be accessed online at 
www.regulations.gov, Docket No. EPA-R06-OAR-2010-0642.

D. CAA Requirements for the SIP Revision

    The primary 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. Section 
182(b)(2) of the Act requires States to adopt Reasonably Available 
Control Technology (RACT) rules for stationary sources of VOCs in ozone 
nonattainment areas classified as moderate or above.

II. EPA's Evaluation

    The requirements to control degassing emissions, use low-leaking 
tank fittings on some control options, monitor control effectiveness 
and report compliance from degassing operations were previously 
implemented in HGB and BPA (62 FR 27966, May 22, 1997). The 
requirements were later revised for HGB (75 FR 15348, March 29, 2010 
and 78 FR 19599, April 2, 2013). For DFW, we previously approved the 
rules as a contingency measure to be implemented by Texas if the area 
failed to reach attainment under the 1-hour ozone nonattainment 
standards (May 22, 1997, 62 FR 27964). We later approved these same 
rules as contingency measures to be implemented in the four counties 
comprising of the 1-hour ozone nonattainment area if DFW did not reach 
attainment under the 8-hour ozone nonattainment standard (January 14, 
2009, 74 FR 1903). Because the nine counties in the DFW 8-hour 
nonattainment area failed to meet the attainment date, Texas 
implemented the contingency measure rules for Collin, Dallas, Denton 
and Tarrant Counties on May 21, 2011. For the El Paso area we initially 
approved these rules as a contingency measure on May 22, 1997. (62 FR 
27966, May 22, 1997).
    Under Section 182(b)(2) of the Act, Major stationary sources and 
sources covered by control technique guidelines are required to 
implement RACT in moderate ozone and above ozone nonattainment areas. 
At the time these rules were adopted by TCEQ, the four subject areas 
were all moderate or above nonattainment for the 1 hour ozone standard.
    The VOC degassing rules control emissions from three source types: 
Stationary storage tanks, transport vessels and marine vessels. The 
latter two source types are not stationary sources and are therefore 
not subject to RACT requirements. Storage tanks are covered by Control 
Technique Guidelines (CTGs). As a result, RACT must be implemented for 
stationary storage tanks. If there were not a CTG for storage tanks 
emissions, any major source storage tanks would have had to implement 
RACT to control its emissions including degassing emissions.
    The CTGs for storage tanks provide recommendations for types of 
controls including the types of seals necessary to reduce emissions 
from tanks. The CTGs, however, do not include a recommendation that 
emissions during degassing of the tanks be controlled. Texas has 
adopted rules based on the CTG recommendations. See 30 TAC 115, Storage 
of Volatile Organic Compounds, sections 115.110, 115.512-117 and 
115.119. These rules have previously been approved as RACT and finding 
has been affirmed as RACT on a number of occasions. The rules Texas has 
adopted to control degassing emissions are in addition to the RACT 
level of control recommended by the CTG. The rules were adopted by TCEQ 
to address rate of progress requirements in HGB and to meet contingency 
measure requirements in DFW and El Paso County. Therefore, it is 
appropriate for the degassing controls in El Paso to remain as a 
contingency measure and changes to the degassing rules will not 
interfere with whether RACT is being implemented in these areas.
    Moreover, our evaluation finds that the revision to the Texas SIP 
improves the rules by rewording them so that their intent is 
unambiguous, clarifying the compliance monitoring and reporting 
required for affected sources, and does not result in a change in the 
VOC emission reductions previously approved for degassing of storage 
tanks, transport vessels and marine vessel in DFW, HGB, BPA and El Paso 
County.
    In our April 2, 2013 approval of Texas's revisions to the SIP for 
the HGB 1997 8-Hour ozone nonattainment area (78 FR 19599), we found 
that the Texas SIP met the RACT requirements for CTG and major Non-CTG 
sources of VOC in this nonattainment area (Brazoria, Chambers, Fort 
Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties) under 
the 1997 8-Hour ozone NAAQS. We are not altering this finding in this 
action.
    We found that the Texas SIP met the RACT requirements for CTG and 
major Non-CTG sources of VOC in DFW in our approval of Texas VOC rules 
for RACT (64 FR 3841). We are not altering this finding in this rule.
    Also, the Degassing or Cleaning VOC control requirements approved 
in the DFW and El Paso County SIPs as contingency measures, for the 8-
hour Ozone attainment demonstration, are not altered in this action 
(January 14, 2009, 74 FR 1903). These measures were triggered in DFW in 
2010 and became effective May 21, 2010 (see the Texas Register, 35 
TexReg 4268, dated May 21, 2010).
    For additional information please see our Technical Support 
Document which may be accessed online at www.regulations.gov, Docket 
No. EPA-R06-2010-0642.

III. Final Action

    We are approving a Texas SIP revision for control of VOC emissions 
from storage tank, transport vessel and marine vessel degassing 
operations adopted on January 26, 2011, and submitted on February 18, 
2011. Specifically, we are approving revisions to 30 TAC 115 at 
sections 115.540-115.547 and 115.549. The revisions (1) reformat the 
existing rule to simplify and clarify rule requirements; (2) modify VOC 
control requirements in Brazoria, Chambers, Collin, Dallas, Denton, El 
Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, 
Montgomery, Orange, Tarrant and Waller Counties; (3) make changes to 
provide additional flexibility for affected owners and operators 
allowing for the use of alternative control options; and (4) make non-
substantive changes to VOC control provisions that apply in Brazoria, 
Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and 
Waller Counties.
    We are 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 July 13, 2015 
without further notice unless we receive relevant adverse comment by 
June 12, 2015. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the

[[Page 27254]]

public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.4, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 13, 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 4, 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. Under ``Subchapter F--Miscellaneous Industrial Sources'', revising 
the title for ``Division 3'';
0
b. Adding, in sequential order, the entry for Section 115.540; and
0
c. Revising the entries for Sections 115.541 through 115.547 and 
115.549.
    The addition and revisions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 27255]]



                                    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 F--Miscellaneous Industrial Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Division 3: Degassing of Storage Tanks, Transport Vessels, and Marine Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.540................  Applicability and             1/26/2011  5/13/15 [Insert
                                  Definitions.                             Federal Register
                                                                           citation].
Section 115.541................  Emission Specifications       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.542................  Control Requirements...       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.543................  Alternate control             1/26/2011  5/13/15 [Insert
                                  Requirements.                            Federal Register
                                                                           citation].
Section 115.544................  Inspection, Monitoring,       1/26/2011  5/13/15 [Insert
                                  and Testing                              Federal Register
                                  Requirements.                            citation].
Section 115.545................  Approved Test Methods..       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.546................  Recordkeeping and             1/26/2011  5/13/15 [Insert
                                  Notification                             Federal Register
                                  Requirements.                            citation].
Section 115.547................  Exemptions.............       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.549................  Compliance Schedules...       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-11451 Filed 5-12-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations                                           27251

                                                     The Committee’s meeting was widely                   PART 985—MARKETING ORDER                              Paso County, and the Houston-
                                                  publicized throughout the spearmint oil                 REGULATING THE HANDLING OF                            Galveston-Brazoria (HGB)
                                                  industry and all interested persons were                SPEARMINT OIL PRODUCED IN THE                         nonattainment area (Brazoria,
                                                  invited to attend the meeting and                       FAR WEST                                              Chambers, Fort Bend, Galveston, Harris,
                                                  participate in Committee deliberations                                                                        Liberty, Montgomery and Waller
                                                  on all issues. Like all Committee                       ■ 1. The authority citation for 7 CFR                 Counties).
                                                  meetings, the November 5, 2014,                         part 985 continues to read as follows:
                                                                                                                                                                DATES:   This rule is effective on July 13,
                                                  meeting was a public meeting and all                        Authority: 7 U.S.C. 601–674.                      2015 without further notice, unless EPA
                                                  entities, both large and small, were able               ■ 2. A new § 985.234 is added to read                 receives relevant adverse comment by
                                                  to express views on this issue.                         as follows:                                           June 12, 2015. If EPA receives such
                                                     A proposed rule concerning this                                                                            comment, EPA will publish a timely
                                                                                                          § 985.234 Salable quantities and allotment            withdrawal in the Federal Register
                                                  action was published in the Federal                     percentages—2015–2016 marketing year.
                                                  Register on March 16, 2015 (80 FR                                                                             informing the public that this rule will
                                                                                                             The salable quantity and allotment                 not take effect.
                                                  13502). A copy of the rule was provided                 percentage for each class of spearmint
                                                  to Committee staff, who in turn made it                                                                       ADDRESSES: Submit your comments,
                                                                                                          oil during the marketing year beginning
                                                  available to all Far West spearmint oil                 on June 1, 2015, shall be as follows:                 identified by Docket No. EPA–R06–
                                                  producers, handlers, and interested                        (a) Class 1 (Scotch) oil—a salable                 OAR–2011–0079, by one of the
                                                  persons. Finally, the rule was made                     quantity of 1,265,853 pounds and an                   following methods:
                                                  available through the internet by USDA                  allotment percentage of 60 percent.                      • www.regulations.gov. Follow the
                                                  and the Office of the Federal Register. A                  (b) Class 3 (Native) oil—a salable                 online instructions.
                                                  15-day comment period ending March                      quantity of 1,341,269 pounds and an                      • Email: Mr. Robert M. Todd at
                                                  31, 2015, was provided to allow                         allotment percentage of 56 percent.                   todd.robert@epa.gov.
                                                  interested persons to respond to the                      Dated: May 7, 2015.                                    • Mail or delivery: Mr. Guy
                                                  proposal. No comments were received.                    Rex A. Barnes,
                                                                                                                                                                Donaldson, Chief, Air Planning Section
                                                     A small business guide on complying                                                                        (6PD–L), Environmental Protection
                                                                                                          Associate Administrator, Agricultural
                                                                                                                                                                Agency, 1445 Ross Avenue, Suite 1200,
                                                  with fruit, vegetable, and specialty crop               Marketing Service.
                                                                                                                                                                Dallas, Texas 75202–2733.
                                                  marketing agreements and orders may                     [FR Doc. 2015–11469 Filed 5–12–15; 8:45 am]
                                                                                                                                                                   Instructions: Direct your comments to
                                                  be viewed at: http://www.ams.usda.gov/                  BILLING CODE 3410–02–P
                                                                                                                                                                Docket No. EPA–R06–OAR–2011–0079.
                                                  MarketingOrdersSmallBusinessGuide.
                                                                                                                                                                EPA’s policy is that all comments
                                                  Any questions about the compliance
                                                                                                                                                                received will be included in the public
                                                  guide should be sent to Jeffrey Smutny                  ENVIRONMENTAL PROTECTION                              docket without change and may be
                                                  at the previously mentioned address in                  AGENCY                                                made available online at
                                                  the FOR FURTHER INFORMATION CONTACT                                                                           www.regulations.gov, including any
                                                  section.                                                40 CFR Part 52
                                                                                                                                                                personal information provided, unless
                                                     After consideration of all relevant                  [EPA–R06–OAR–2011–0079; FRL–9927–59–                  the comment includes information
                                                  matter presented, including the                         Region 6]                                             claimed to be Confidential Business
                                                  information and recommendation                                                                                Information (CBI) or other information
                                                                                                          Approval and Promulgation of                          whose disclosure is restricted by statute.
                                                  submitted by the Committee and other                    Implementation Plans; Texas; Revision
                                                  available information, it is hereby found                                                                     Do not submit information that you
                                                                                                          To Control Volatile Organic Compound                  consider to be CBI or otherwise
                                                  that this rule, as hereinafter set forth,               Emissions From Storage Tanks and
                                                  will tend to effectuate the declared                                                                          protected through www.regulations.gov
                                                                                                          Transport Vessels                                     or email. The www.regulations.gov Web
                                                  policy of the Act.
                                                                                                          AGENCY: Environmental Protection                      site is an ‘‘anonymous access’’ system,
                                                     It is further found that good cause                                                                        which means EPA will not know your
                                                                                                          Agency (EPA).
                                                  exists for not postponing the effective                                                                       identity or contact information unless
                                                                                                          ACTION: Direct final rule.
                                                  date of this rule until 30 days after                                                                         you provide it in the body of your
                                                  publication in the Federal Register (5                  SUMMARY:    The Environmental Protection              comment. If you send an email
                                                  U.S.C. 553) because the 2015–2016                       Agency (EPA) is approving a Texas State               comment directly to EPA without going
                                                  marketing year starts on June 1, 2015,                  Implementation Plan (SIP) revision for                through www.regulations.gov your email
                                                  and handlers will need to begin                         control of volatile organic compound                  address will be automatically captured
                                                  purchasing the spearmint oil allotted                   (VOC) emissions from degassing of                     and included as part of the comment
                                                  under this rulemaking. Further,                         storage tanks, transport vessels and                  that is placed in the public docket and
                                                  handlers are aware of this rule, which                  marine vessels. The revision reformats                made available on the Internet. If you
                                                  was recommended at a public meeting.                    the existing requirement to comply with               submit an electronic comment, EPA
                                                  Finally, a 15-day comment period was                    current rule writing standards, adds                  recommends that you include your
                                                  provided for in the proposed rule, and                  additional control options for owner/                 name and other contact information in
                                                  no comments were received.                              operators to use when complying,                      the body of your comment and with any
                                                                                                          clarifies the monitoring and testing                  disk or CD–ROM you submit. If EPA
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                                                  List of Subjects in 7 CFR Part 985                      requirements of the rule, and makes                   cannot read your comment due to
                                                    Marketing agreements, Oils and fats,                  non-substantive changes to VOC control                technical difficulties and cannot contact
                                                                                                          provisions that apply in the Beaumont-                you for clarification, EPA may not be
                                                  Reporting and recordkeeping
                                                                                                          Port Arthur (BPA) nonattainment area                  able to consider your comment.
                                                  requirements, Spearmint oil.
                                                                                                          (Hardin, Jefferson and Orange Counties),              Electronic files should avoid the use of
                                                    For the reasons set forth in the                      four counties in the Dallas-Fort Worth                special characters, any form of
                                                  preamble, 7 CFR part 985 is amended as                  (DFW) nonattainment area (Collin,                     encryption, and be free of any defects or
                                                  follows:                                                Dallas, Denton and Tarrant Counties), El              viruses.


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                                                  27252             Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations

                                                     Docket: The index to the docket for                  degassing emissions, use low-leaking                  Harris, Jefferson, Liberty, Montgomery,
                                                  this action is available electronically at              tank fittings on some control options,                Orange, Tarrant and Waller Counties.
                                                  www.regulations.gov and in hard copy                    monitor control effectiveness and report                 Also, the regulation continues to
                                                  at EPA Region 6, 1445 Ross Avenue,                      compliance from degassing operations                  apply to El Paso County on a
                                                  Suite 700, Dallas, Texas. While all                     were implemented in HGB and BPA (62                   contingency basis; i.e., the control
                                                  documents in the docket are listed in                   FR 27964, May 22, 1997). In DFW and                   requirements of the rule will not apply
                                                  the index, some information may be                      El Paso County, these rules were                      to affected owner/operators in El Paso
                                                  publicly available only at the hard copy                adopted as contingency measures under                 County unless the agency determines
                                                  location (e.g., copyrighted material), and              the 1-hour ozone standard (62 FR                      regulation is necessary as a result of a
                                                  some may not be publicly available at                   27964). These VOC requirements for                    failure to attain the NAAQS for ozone
                                                  either location (e.g., CBI).                            HGB were later updated (75 FR 15348,                  by the attainment deadline or the State
                                                  FOR FURTHER INFORMATION CONTACT: Mr.                    March 29, 2010 and 78 FR 19599, April                 fails to demonstrate reasonable further
                                                  Robert M. Todd, (214) 665–2156,                         2, 2013). For Collin, Dallas, Denton and              progress in the El Paso County
                                                  todd.robert@epa.gov. To inspect the                     Tarrant Counties in the DFW                           according to the requirements of the
                                                  hard copy materials, please contact Mr.                 nonattainment area, the contingency                   1990 Amendments to the CAA, section
                                                  Todd or Mr. Bill Deese (214) 665–7253.                  measures were not triggered or                        172(c)(9).
                                                                                                          otherwise implemented under the 1-                       This revision clarifies that degassing
                                                  SUPPLEMENTARY INFORMATION:                                                                                    emissions of storage tanks and transport
                                                                                                          hour ozone standard, and were left in
                                                  Throughout this document wherever                       place (applying only to Collin, Dallas,               vessels for sources in Collin, Dallas,
                                                  ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean             Denton and Tarrant Counties) as                       Denton, and Tarrant Counties are
                                                  the EPA.                                                contingency measures under the 1997 8-                required to meet the control require-
                                                  Table of Contents                                       hour ozone standard (74 FR 1903,                      ments of the rule at this time. The
                                                                                                          January 14, 2009). Texas implemented                  requirements do not apply to storage
                                                  I. Background
                                                                                                          these contingency measure rules for                   tanks or vessels in Ellis, Johnson,
                                                  II. EPA’s Evaluation
                                                  III. Final Action                                       Collin, Dallas, Denton and Tarrant                    Kaufman, Parker, Rockwall or Wise
                                                  IV. Incorporation by Reference                          Counties on May 21, 2011 (35 TexReg                   Counties.1 When the DFW area was
                                                  V. Statutory and Executive Order Reviews                4268, May 21, 2010) when the area                     reclassified as a Serious ozone
                                                                                                          failed to meet the 1997 8-hour standard               nonattainment area for the 1997 ozone
                                                  I. Background                                           by the moderate area attainment date of               standard (75 FR 79302, December 20,
                                                  A. CAA and SIPs                                         June 15, 2010.                                        2010) the TCEQ published the notice
                                                                                                                                                                requiring compliance with degassing
                                                     Section 110 of the Clean Air Act                     C. SIP Revision Submitted on February
                                                                                                                                                                requirements in DFW by May 21, 2011
                                                  (CAA) requires states to develop and                    18, 2011
                                                                                                                                                                (35 TexReg 4268, May 21, 2010.). This
                                                  submit to EPA a SIP to ensure that state                   A SIP submission revising the rules                action clarifies that the degassing
                                                  air quality meets National Ambient Air                  for controlling VOC emissions from                    requirements are in effect for Collin,
                                                  Quality Standards (NAAQS). These                        degassing of storage tanks, transport                 Dallas, Denton and Tarrant Counties.
                                                  ambient standards currently address six                 vessels and marine vessels was adopted                   For the HGB area, the rule revisions
                                                  criteria pollutants: carbon monoxide,                   by Texas on January 26, 2011, and                     maintain the existing requirement that
                                                  nitrogen dioxide, ozone, lead,                          submitted to us on February 18, 2011.                 VOC vapors generated during degassing
                                                  particulate matter, and sulfur dioxide.                 The revisions submitted by Texas                      operations be routed to a device that
                                                  Each federally-approved SIP protects air                Commission on Environmental Quality                   maintains a control efficiency of at least
                                                  quality primarily by addressing air                     (TCEQ) apply to Brazoria, Chambers,                   90% for the affected sources.2
                                                  pollution at its point of origin through                Collin, Dallas, Denton, El Paso, Fort                    For DFW, HGB and BPA, the revisions
                                                  air pollution regulations and control                   Bend, Galveston, Hardin, Harris,                      add an explicit requirement that any
                                                  strategies. EPA approved SIP regulations                Jefferson, Liberty, Montgomery, Orange,               flare used for control must be designed
                                                  and control strategies are federally                    Tarrant and Waller Counties.                          and operated according to 40 CFR
                                                  enforceable. States revise the SIP as                      The revision repeals Title 30, Chapter             60.18(b)–(f) as amended through
                                                  needed and submit revisions to EPA for                  115 of the Texas Administrative Code                  December 22, 2008, and that the flare
                                                  approval.                                               (30 TAC 115) sections 115.541, 115.542                must be lit at all times VOC vapors are
                                                     Under Section 182(b)(2) of the Act,                  and 115.545; adds new sections                        routed to the device during degassing
                                                  major stationary sources and sources                    115.540–115.542 and 115.545; and                      operations. The TCEQ added this
                                                  covered by control technique guidelines                 amends existing sections 115.543,                     requirement to clarify the intent of the
                                                  are required to implement RACT in                       115.544, 115.546, 115.547 and 115.549.                rule is for both the flare flame and the
                                                  moderate and above ozone                                The revision (1) reformats the existing
                                                  nonattainment areas.                                    rule to simplify and clarify rule                       1 On March 27, 2008 (73 FR 16436), the EPA
                                                                                                          requirements; (2) modifies VOC control                promulgated a revised 8-hour ozone NAAQS of
                                                  B. Volatile Organic Compounds (VOC)                     requirements in Brazoria, Chambers,                   0.075 ppm, known as the 2008 ozone standard. On
                                                  and Degassing Emissions                                 Collin, Dallas, Denton, El Paso, Fort                 April 30, 2012, the EPA promulgated designations
                                                                                                                                                                under the 2008 ozone standard (77 FR 30088) and
                                                     Volatile organic compounds are an                    Bend, Galveston, Hardin, Harris,                      in that action, the EPA designated 10 counties in
                                                  ‘‘ozone precursor,’’ as they react with                 Jefferson, Liberty, Montgomery, Orange,               the DFW area as a Moderate ozone nonattainment
                                                  oxygen, nitrogen oxides (NOX) and                       Tarrant and Waller Counties; (3) makes                area: Collin, Dallas, Denton, Ellis, Johnson,
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                                                  sunlight to form ozone. Controlling                     changes to provide additional flexibility             Kaufman, Parker, Rockwall, Tarrant, and Wise. The
                                                                                                                                                                EPA’s actions here with respect to DFW, only
                                                  sources of VOC and NOX emissions can                    for affected owners and operators                     address the counties which comprised the DFW
                                                  lower ozone levels in the ambient air.                  allowing for the use of alternative                   nonattainment area under the 1-hour ozone
                                                  VOC degassing emissions occur when                      control options; and (4) makes non-                   standard.
                                                                                                                                                                  2 The HGB area is classified as a severe ozone
                                                  VOC storage tanks, transport vessels and                substantive changes to VOC control
                                                                                                                                                                nonattainment area for the 1997 8-hour ozone
                                                  marine vessels are vented and prepared                  provisions that apply in Brazoria,                    NAAQS (73 FR 56983, October 1, 2008). Under the
                                                  for cleaning, maintenance or change of                  Chambers, Collin, Dallas, Denton, El                  2008 ozone standard the HGB area is classified as
                                                  service. Requirements to control                        Paso, Fort Bend, Galveston, Hardin,                   a Marginal ozone nonattainment area (77 FR 30088).



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                                                                    Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations                                         27253

                                                  pilot to the flare be lit at all times VOC              subject areas were all moderate or above              NAAQS. We are not altering this finding
                                                  vapors are routed to the device.                        nonattainment for the 1 hour ozone                    in this action.
                                                    The SIP revision submitted by Texas                   standard.                                                We found that the Texas SIP met the
                                                  may be accessed online at                                  The VOC degassing rules control                    RACT requirements for CTG and major
                                                  www.regulations.gov, Docket No. EPA–                    emissions from three source types:                    Non-CTG sources of VOC in DFW in our
                                                  R06–OAR–2010–0642.                                      Stationary storage tanks, transport                   approval of Texas VOC rules for RACT
                                                                                                          vessels and marine vessels. The latter                (64 FR 3841). We are not altering this
                                                  D. CAA Requirements for the SIP
                                                                                                          two source types are not stationary                   finding in this rule.
                                                  Revision                                                                                                         Also, the Degassing or Cleaning VOC
                                                                                                          sources and are therefore not subject to
                                                    The primary requirements pertaining                   RACT requirements. Storage tanks are                  control requirements approved in the
                                                  to the SIP revision submitted by Texas                  covered by Control Technique                          DFW and El Paso County SIPs as
                                                  are found in CAA sections 110(l) and                    Guidelines (CTGs). As a result, RACT                  contingency measures, for the 8-hour
                                                  182(b)(2). CAA section 110(l) requires                  must be implemented for stationary                    Ozone attainment demonstration, are
                                                  that a SIP revision submitted to EPA be                 storage tanks. If there were not a CTG                not altered in this action (January 14,
                                                  adopted after reasonable notice and                     for storage tanks emissions, any major                2009, 74 FR 1903). These measures were
                                                  public hearing. Section 110(l) also                     source storage tanks would have had to                triggered in DFW in 2010 and became
                                                  requires that we not approve a SIP                      implement RACT to control its                         effective May 21, 2010 (see the Texas
                                                  revision if the revision would interfere                                                                      Register, 35 TexReg 4268, dated May 21,
                                                                                                          emissions including degassing
                                                  with any applicable requirement                                                                               2010).
                                                                                                          emissions.
                                                  concerning attainment and reasonable                                                                             For additional information please see
                                                                                                             The CTGs for storage tanks provide
                                                  further progress, or any other applicable                                                                     our Technical Support Document which
                                                                                                          recommendations for types of controls
                                                  requirement of the CAA. Section                                                                               may be accessed online at
                                                  182(b)(2) of the Act requires States to                 including the types of seals necessary to
                                                                                                                                                                www.regulations.gov, Docket No. EPA–
                                                  adopt Reasonably Available Control                      reduce emissions from tanks. The CTGs,
                                                                                                                                                                R06–2010–0642.
                                                  Technology (RACT) rules for stationary                  however, do not include a
                                                                                                          recommendation that emissions during                  III. Final Action
                                                  sources of VOCs in ozone
                                                  nonattainment areas classified as                       degassing of the tanks be controlled.                    We are approving a Texas SIP revision
                                                  moderate or above.                                      Texas has adopted rules based on the                  for control of VOC emissions from
                                                                                                          CTG recommendations. See 30 TAC                       storage tank, transport vessel and
                                                  II. EPA’s Evaluation                                    115, Storage of Volatile Organic                      marine vessel degassing operations
                                                     The requirements to control degassing                Compounds, sections 115.110, 115.512–                 adopted on January 26, 2011, and
                                                  emissions, use low-leaking tank fittings                117 and 115.119. These rules have                     submitted on February 18, 2011.
                                                  on some control options, monitor                        previously been approved as RACT and                  Specifically, we are approving revisions
                                                  control effectiveness and report                        finding has been affirmed as RACT on                  to 30 TAC 115 at sections 115.540–
                                                  compliance from degassing operations                    a number of occasions. The rules Texas                115.547 and 115.549. The revisions (1)
                                                  were previously implemented in HGB                      has adopted to control degassing                      reformat the existing rule to simplify
                                                  and BPA (62 FR 27966, May 22, 1997).                    emissions are in addition to the RACT                 and clarify rule requirements; (2)
                                                  The requirements were later revised for                 level of control recommended by the                   modify VOC control requirements in
                                                  HGB (75 FR 15348, March 29, 2010 and                    CTG. The rules were adopted by TCEQ                   Brazoria, Chambers, Collin, Dallas,
                                                  78 FR 19599, April 2, 2013). For DFW,                   to address rate of progress requirements              Denton, El Paso, Fort Bend, Galveston,
                                                  we previously approved the rules as a                   in HGB and to meet contingency                        Hardin, Harris, Jefferson, Liberty,
                                                  contingency measure to be implemented                   measure requirements in DFW and El                    Montgomery, Orange, Tarrant and
                                                  by Texas if the area failed to reach                    Paso County. Therefore, it is appropriate             Waller Counties; (3) make changes to
                                                  attainment under the 1-hour ozone                       for the degassing controls in El Paso to              provide additional flexibility for
                                                  nonattainment standards (May 22, 1997,                  remain as a contingency measure and                   affected owners and operators allowing
                                                  62 FR 27964). We later approved these                   changes to the degassing rules will not               for the use of alternative control
                                                  same rules as contingency measures to                   interfere with whether RACT is being                  options; and (4) make non-substantive
                                                  be implemented in the four counties                     implemented in these areas.                           changes to VOC control provisions that
                                                  comprising of the 1-hour ozone                             Moreover, our evaluation finds that                apply in Brazoria, Chambers, Collin,
                                                  nonattainment area if DFW did not                       the revision to the Texas SIP improves                Dallas, Denton, El Paso, Fort Bend,
                                                  reach attainment under the 8-hour                       the rules by rewording them so that                   Galveston, Hardin, Harris, Jefferson,
                                                  ozone nonattainment standard (January                   their intent is unambiguous, clarifying               Liberty, Montgomery, Orange, Tarrant
                                                  14, 2009, 74 FR 1903). Because the nine                 the compliance monitoring and                         and Waller Counties.
                                                  counties in the DFW 8-hour                              reporting required for affected sources,                 We are publishing this rule without
                                                  nonattainment area failed to meet the                   and does not result in a change in the                prior proposal because we view this as
                                                  attainment date, Texas implemented the                  VOC emission reductions previously                    a non-controversial amendment and
                                                  contingency measure rules for Collin,                   approved for degassing of storage tanks,              anticipate no adverse comments.
                                                  Dallas, Denton and Tarrant Counties on                  transport vessels and marine vessel in                However, in the proposed rules section
                                                  May 21, 2011. For the El Paso area we                   DFW, HGB, BPA and El Paso County.                     of this Federal Register publication, we
                                                  initially approved these rules as a                        In our April 2, 2013 approval of                   are publishing a separate document that
                                                  contingency measure on May 22, 1997.                    Texas’s revisions to the SIP for the HGB              will serve as the proposal to approve the
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                                                  (62 FR 27966, May 22, 1997).                            1997 8-Hour ozone nonattainment area                  SIP revision if relevant adverse
                                                     Under Section 182(b)(2) of the Act,                  (78 FR 19599), we found that the Texas                comments are received. This rule will
                                                  Major stationary sources and sources                    SIP met the RACT requirements for CTG                 be effective on July 13, 2015 without
                                                  covered by control technique guidelines                 and major Non-CTG sources of VOC in                   further notice unless we receive relevant
                                                  are required to implement RACT in                       this nonattainment area (Brazoria,                    adverse comment by June 12, 2015. If
                                                  moderate ozone and above ozone                          Chambers, Fort Bend, Galveston, Harris,               we receive relevant adverse comments,
                                                  nonattainment areas. At the time these                  Liberty, Montgomery and Waller                        we will publish a timely withdrawal in
                                                  rules were adopted by TCEQ, the four                    Counties) under the 1997 8-Hour ozone                 the Federal Register informing the


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                                                  27254             Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations

                                                  public that the rule will not take effect.              under the Regulatory Flexibility Act (5               This action is not a ‘‘major rule’’ as
                                                  We will address all public comments in                  U.S.C. 601 et seq.);                                  defined by 5 U.S.C. 804(2).
                                                  a subsequent final rule based on the                       • does not contain any unfunded                       Under section 307(b)(1) of the CAA,
                                                  proposed rule. We will not institute a                  mandate or significantly or uniquely                  petitions for judicial review of this
                                                  second comment period on this action.                   affect small governments, as described                action must be filed in the United States
                                                  Any parties interested in commenting                    in the Unfunded Mandates Reform Act                   Court of Appeals for the appropriate
                                                  must do so now. Please note that if we                  of 1995 (Pub. L. 104–4);                              circuit by July 13, 2015. Filing a petition
                                                  receive relevant adverse comment on an                     • does not have Federalism                         for reconsideration by the Administrator
                                                  amendment, paragraph, or section of                     implications as specified in Executive                of this final rule does not affect the
                                                  this rule and if that provision may be                  Order 13132 (64 FR 43255, August 10,                  finality of this rule for the purposes of
                                                  severed from the remainder of the rule,                 1999);                                                judicial review nor does it extend the
                                                  we may adopt as final those provisions                     • is not an economically significant               time within which a petition for judicial
                                                  of the rule that are not the subject of an              regulatory action based on health or                  review may be filed, and shall not
                                                  adverse comment.                                        safety risks subject to Executive Order               postpone the effectiveness of such rule
                                                  IV. Incorporation by Reference                          13045 (62 FR 19885, April 23, 1997);                  or action. This action may not be
                                                                                                             • is not a significant regulatory action           challenged later in proceedings to
                                                    In this rule, we are finalizing                       subject to Executive Order 13211 (66 FR               enforce its requirements. (See section
                                                  regulatory text that includes                           28355, May 22, 2001);                                 307(b)(2).)
                                                  incorporation by reference. In                             • is not subject to requirements of
                                                  accordance with the requirements of 1                   section 12(d) of the National                         List of Subjects in 40 CFR Part 52
                                                  CFR 51.4, we are finalizing the                         Technology Transfer and Advancement
                                                  incorporation by reference of the                                                                               Environmental protection, Air
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because              pollution control, Incorporation by
                                                  revisions to the Texas regulations as                   application of those requirements would
                                                  described in the Final Action section                                                                         reference, Ozone, Reporting and
                                                                                                          be inconsistent with the CAA; and                     recordkeeping requirements, Volatile
                                                  above. We have made, and will continue                     • does not provide EPA with the
                                                  to make, these documents generally                                                                            organic compounds.
                                                                                                          discretionary authority to address, as
                                                  available electronically through                        appropriate, disproportionate human                     Dated: May 4, 2015.
                                                  www.regulations.gov and/or in hard                      health or environmental effects, using                Ron Curry,
                                                  copy at the EPA Region 6 office.                        practicable and legally permissible                   Regional Administrator, Region 6.
                                                  V. Statutory and Executive Order                        methods, under Executive Order 12898
                                                                                                                                                                    40 CFR part 52 is amended as follows:
                                                  Reviews                                                 (59 FR 7629, February 16, 1994).
                                                    Under the CAA, the Administrator is                   In addition, this rule does not have                  PART 52—APPROVAL AND
                                                  required to approve a SIP submission                    tribal implications as specified by                   PROMULGATION OF
                                                  that complies with the provisions of the                Executive Order 13175 (65 FR 67249,                   IMPLEMENTATION PLANS
                                                  Act and applicable Federal regulations.                 November 9, 2000), because the SIP is
                                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                     not approved to apply in Indian country               ■ 1. The authority citation for part 52
                                                  Thus, in reviewing SIP submissions,                     located in the state, and EPA notes that              continues to read as follows:
                                                  EPA’s role is to approve state choices,                 it will not impose substantial direct
                                                                                                                                                                    Authority: 42 U.S.C. 7401 et seq.
                                                  provided that they meet the criteria of                 costs on tribal governments or preempt
                                                  the CAA. Accordingly, this action                       tribal law.
                                                                                                                                                                Subpart SS—Texas
                                                  merely approves state law as meeting                       The Congressional Review Act, 5
                                                  Federal requirements and does not                       U.S.C. 801 et seq., as added by the Small             ■  2. In § 52.2270(c), the table titled
                                                  impose additional requirements beyond                   Business Regulatory Enforcement                       ‘‘EPA Approved Regulations in the
                                                  those imposed by state law. For that                    Fairness Act of 1996, generally provides              Texas SIP’’ is amended by:
                                                  reason, this action:                                    that before a rule may take effect, the
                                                                                                                                                                ■ a. Under ‘‘Subchapter F—
                                                    • Is not a ‘‘significant regulatory                   agency promulgating the rule must
                                                                                                                                                                Miscellaneous Industrial Sources’’,
                                                  action’’ subject to review by the Office                submit a rule report, which includes a
                                                                                                                                                                revising the title for ‘‘Division 3’’;
                                                  of Management and Budget under                          copy of the rule, to each House of the
                                                                                                                                                                ■ b. Adding, in sequential order, the
                                                  Executive Orders 12866 (58 FR 51735,                    Congress and to the Comptroller General
                                                  October 4, 1993) and 13563 (76 FR 3821,                 of the United States. EPA will submit a               entry for Section 115.540; and
                                                  January 21, 2011);                                      report containing this rule and other                 ■ c. Revising the entries for Sections
                                                    • does not impose an information                      required information to the U.S. Senate,              115.541 through 115.547 and 115.549.
                                                  collection burden under the provisions                  the U.S. House of Representatives, and                   The addition and revisions read as
                                                  of the Paperwork Reduction Act (44                      the Comptroller General of the United                 follows:
                                                  U.S.C. 3501 et seq.);                                   States prior to publication of the rule in
                                                                                                                                                                § 52.2270    Identification of plan.
                                                    • is certified as not having a                        the Federal Register. A major rule
                                                  significant economic impact on a                        cannot take effect until 60 days after it             *       *    *      *     *
                                                  substantial number of small entities                    is published in the Federal Register.                     (c) * * *
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                                                                      Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations                                                                   27255

                                                                                                            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 F—Miscellaneous Industrial Sources


                                                             *                            *                            *                             *                           *                       *               *

                                                                                         Division 3: Degassing of Storage Tanks, Transport Vessels, and Marine Vessels

                                                  Section 115.540 .............       Applicability and Definitions ................................                 1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].
                                                  Section 115.541 .............       Emission Specifications ......................................                 1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].
                                                  Section 115.542 .............       Control Requirements .........................................                 1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].
                                                  Section 115.543 .............       Alternate control Requirements ..........................                      1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].
                                                  Section 115.544 .............       Inspection, Monitoring, and Testing Require-                                   1/26/2011       5/13/15 [Insert Federal
                                                                                        ments.                                                                                         Register citation].
                                                  Section 115.545 .............       Approved Test Methods .....................................                    1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].
                                                  Section 115.546 .............       Recordkeeping and Notification Requirements ..                                 1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].
                                                  Section 115.547 .............       Exemptions .........................................................           1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].
                                                  Section 115.549 .............       Compliance Schedules .......................................                   1/26/2011       5/13/15 [Insert Federal
                                                                                                                                                                                       Register citation].

                                                             *                            *                            *                             *                           *                       *               *



                                                  *      *       *       *        *                                 and Commonwealth of Virginia                                           A. www.regulations.gov. Follow the
                                                  [FR Doc. 2015–11451 Filed 5–12–15; 8:45 am]                       (collectively, the States) for the 2008 8-                          on-line instructions for submitting
                                                  BILLING CODE 6560–50–P                                            hour ozone national ambient air quality                             comments.
                                                                                                                    standard (NAAQS). The emissions                                        B. Email: fernandez.cristina@epa.gov.
                                                                                                                    inventories were submitted to meet                                     C. Mail: EPA–R03–OAR–2014–0759,
                                                  ENVIRONMENTAL PROTECTION                                          nonattainment requirements related to                               Cristina Fernandez, Associate Director,
                                                  AGENCY                                                            the Washington, DC-MD-VA                                            Office of Air Program Planning,
                                                  40 CFR Part 52                                                    nonattainment area (the DC Area or                                  Mailcode 3AP30, U.S. Environmental
                                                                                                                    Area) for the 2008 8-hour ozone                                     Protection Agency, Region III, 1650
                                                  [EPA–R03–OAR–2014–0759; FRL–9927–70–                              NAAQS. EPA is approving the 2011                                    Arch Street, Philadelphia, Pennsylvania
                                                  Region 3]                                                         base year emissions inventory for the                               19103.
                                                                                                                    2008 8-hour ozone NAAQS for the DC                                     D. Hand Delivery: At the previously-
                                                  Approval and Promulgation of Air
                                                                                                                    Area in accordance with the                                         listed EPA Region III address. Such
                                                  Quality Implementation Plans; District
                                                                                                                    requirements of the Clean Air Act                                   deliveries are only accepted during the
                                                  of Columbia, Maryland, and Virginia;
                                                                                                                    (CAA).                                                              Docket’s normal hours of operation, and
                                                  2011 Base Year Emissions Inventories
                                                                                                                                                                                        special arrangements should be made
                                                  for the Washington DC-MD-VA
                                                                                                                    DATES:  This rule is effective on July 13,                          for deliveries of boxed information.
                                                  Nonattainment Area for the 2008
                                                                                                                    2015 without further notice, unless EPA                                Instructions: Direct your comments to
                                                  Ozone National Ambient Air Quality
                                                                                                                    receives adverse written comment by                                 Docket ID No. EPA–R03–OAR–2014–
                                                  Standard
                                                                                                                    June 12, 2015. If EPA receives such                                 0759. EPA’s policy is that all comments
                                                  AGENCY: Environmental Protection                                  comments, it will publish a timely                                  received will be included in the public
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Agency (EPA).                                                     withdrawal of the direct final rule in the                          docket without change, and may be
                                                  ACTION: Direct final rule.                                        Federal Register and inform the public                              made available online at
                                                                                                                    that the rule will not take effect.                                 www.regulations.gov, including any
                                                  SUMMARY:    The Environmental Protection                                                                                              personal information provided, unless
                                                  Agency (EPA) is taking direct final                               ADDRESSES:  Submit your comments,                                   the comment includes information
                                                  action to approve the 2011 base year                              identified by Docket ID Number EPA–                                 claimed to be Confidential Business
                                                  emissions inventories submitted by the                            R03–OAR–2014–0759 by one of the                                     Information (CBI) or other information
                                                  District of Columbia, State of Maryland,                          following methods:                                                  whose disclosure is restricted by statute.


                                             VerDate Sep<11>2014     15:51 May 12, 2015       Jkt 235001     PO 00000      Frm 00013       Fmt 4700      Sfmt 4700    E:\FR\FM\13MYR1.SGM       13MYR1



Document Created: 2015-12-16 07:47:16
Document Modified: 2015-12-16 07:47:16
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 rule is effective on July 13, 2015 without further notice, unless EPA receives relevant adverse comment by June 12, 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.
ContactMr. Robert M. Todd, (214) 665-2156, [email protected] To inspect the hard copy materials, please contact Mr. Todd or Mr. Bill Deese (214) 665-7253.
FR Citation80 FR 27251 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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