80 FR 57302 - 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 184 (September 23, 2015)
Federal Register Volume 80, Issue 184 (September 23, 2015)
| Page Range | 57302-57305 | |
| FR Document | 2015-23379 |
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)] [Rules and Regulations] [Pages 57302-57305] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23379] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2011-0079; FRL-9932-51-Region 6] Approval and Promulgation of Implementation Plans; Texas; Revision To Control Volatile Organic Compound Emissions From Storage Tanks and Transport Vessels AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a Texas State Implementation Plan (SIP) revision for control of volatile organic compound (VOC) emissions from degassing of storage tanks, transport vessels and marine vessels. The revision reformats the existing requirement to comply with current rule writing standards, adds additional control options for owner/operators to use when complying, clarifies the monitoring and testing requirements of the rule, and makes non-substantive changes to VOC control provisions that apply in the Beaumont-Port Arthur (BPA) nonattainment area (Hardin, Jefferson and Orange Counties), four counties in the Dallas-Fort Worth (DFW) nonattainment area (Collin, Dallas, Denton and Tarrant Counties), El Paso County, and the Houston-Galveston-Brazoria (HGB) nonattainment area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties). The EPA is also making a ministerial correction to the Code of Federal Regulations (CFR) to accurately reflect approved SIP revisions that pertain to Stage II control of VOCs from gasoline dispensing facilities in Texas. DATES: This final rule is effective on October 23, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2011-0079. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Todd, (214) 665-2156, [email protected]. To inspect the hard copy materials, please contact Mr. Todd or Mr. Bill Deese (214) 665-7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. Table of Contents I. Background II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background The background for this action is discussed in detail in our May 13, 2015 direct final rule and proposal (80 FR 27251 and 80 FR 27275). In the direct final rule we approved a SIP submission revising the rules for controlling VOC emissions from degassing of storage tanks, transport vessels and marine vessels. The Texas rule revisions were adopted by the state on January 26, 2011 and submitted to us on February 18, 2011. The revisions submitted by the Texas Commission on Environmental Quality (TCEQ) apply to Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties. Our May 13, 2015 rule and proposal stated that if any relevant adverse comments were received by the end of the public comment period on June 12, 2015, the direct final rule would be withdrawn and we would respond to the comments in a subsequent final action. Relevant adverse comments were received during the comment period, and the direct final rule was withdrawn on June 30, 2015 (80 FR 37161). Our May 13, 2015 proposal provides the basis for this final action. Also, on March 17, 2014 we approved revisions to the Texas SIP pertaining to Stage II control of VOCs from gasoline stations (79 FR 14611). Included in the approved revisions was removal of sections 115.247 and 115.249 from the TX SIP. In that document, however, we did not update the CFR to show that 30 TAC 115.247 and 115.249 were removed from the SIP. We are using the opportunity of this final rule to correct this oversight. We received comments on our May 13, 2015 proposal from two commenters. Our response to the comments are below. II. Response to Comments Comment: The first commenter stated it would be impractical, and possibly unreasonable, to require industry to comply with the state regulations unless the state took the needs of individual sources into account and helped them to comply. Response: The commenter fails to specify how and why the submitted revisions would be impractical. In addition, these revisions merely modify and clarify existing rules which have been implemented for several years. Requirements to control degassing emissions, for example, low-leaking tank fittings on some control options, monitoring control effectiveness and reporting compliance from degassing operations were first implemented in HGB and BPA (62 FR 27964, May 22, 1997). In DFW and El Paso County, these rules were adopted as contingency measures under the 1-hour ozone standard (62 FR 27964). The Texas Commission on Environmental Quality has been successfully implementing these degassing regulations in Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller Counties for several years and we [[Page 57303]] haven't received any information that supports the notion that compliance is overly burdensome in these counties. There is no documented evidence of owner/operators of marine vessels finding these rules impractical. The revisions also make changes to provide additional flexibility for affected owners and operators allowing for the use of alternative control options such as the use of a recirculation system, with appropriate monitoring to assure the effectiveness of the system or an option that allows the operator to demonstrate compliance by limiting the VOC concentration at the outlet of a control device to less than 500 parts per million (by volume). Sources in Collin, Dallas, Denton, El Paso and Tarrant Counties have been aware of the possibility these regulations might affect them for some years and the state has been implementing them in Collin, Dallas, Denton and Tarrant counties since February 18, 2011. We have not received any indication that sources in these areas are not able to comply with the degassing requirements. TCEQ also submitted these revisions for public comment and notice so the public had ample opportunity to comment on these revisions during the state's rulemaking process. Comment: The second commenter stated we could not approve the degassing rules as reasonably achievable control technology (RACT) for Marine Vessel Loading Operations subject to the 40 CFR part 63, subpart Y, Marine Vessel Loading Maximum Available Control Technology (MACT) standard because that federal rule defines RACT for this source category more stringently than the Texas regulations. RACT in part 63, subpart Y is defined as 95% control of volatile organic compound (VOC) emissions when using a recovery device and 98% control when using a combustion device. The RACT levels we previously approved in Texas's affected counties is 90% control of VOC emissions. Response: The federal regulation the commenter cites, 40 CFR part 63, subpart Y, is not applicable to degassing operations. The Marine Vessel Loading Operations MACT standard does contain a RACT requirement defining the VOC control efficiencies that affected sources must achieve while performing marine loading operations. 40 CFR 63.561 defines marine loading operations as any operation under which a commodity is bulk loaded onto a marine tank vessel from a terminal, which may include the loading of multiple marine tank vessels during one loading operation. However, the submitted revisions do not address any operations which can be described as operations in which a commodity is bulk loaded onto a marine tank vessel from a terminal, or may include the loading of multiple marine tank vessels during one loading operation. The submitted revision only addresses operations that occur during the degassing, cleaning or vessel maintenance activities covered by the Texas regulation.\1\ The proposed revision, 30 TAC Sec. 115.540, defines degassing as the process of removing volatile organic vapor from a storage tank, transport vessel, or marine vessel. Degassing operations do not involve loading of a bulk commodity and do not include marine loading operations as defined by 40 CFR 63.561. Therefore, subpart Y is not applicable to the operations or activity covered by the submitted revisions. Therefore, the commenters concern that RACT as defined in the 40 CFR part 63, subpart Y won't be met in the Texas SIP action is unfounded. Inclusion of the Texas degassing rule in the Texas SIP is appropriate under these circumstances and effectively reduces VOC emissions from these sources. --------------------------------------------------------------------------- \1\ 40 CFR 63.562(c) sates the RACT level of control applies to vapor tight marine vessel with a vapor collection system designed to collect VOC vapors displaced from marine tank vessels during loading operations. 40 CFR 63.531 defines marine tank vessel loading operation as any operation under which a commodity if bulk loaded onto a marine tank vessel from a terminal. --------------------------------------------------------------------------- III. Final Action We are approving a Texas SIP revision for control of VOC emissions from storage tank, transport vessel and marine vessel degassing operations adopted on January 26, 2011, and submitted on February 18, 2011. Specifically, we are approving revisions to 30 TAC 115 at sections 115.540-115.547 and 115.549. The revisions (1) reformat the existing rule to simplify and clarify rule requirements; (2) modify VOC control requirements in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties; (3) make changes to provide additional flexibility for affected owners and operators allowing for the use of alternative control options; and (4) make non- substantive changes to VOC control provisions that apply in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties. We are also making a ministerial correction to the table in 40 CFR 52.2270(c) to accurately reflect the revisions to Stage II control of VOCs approved into the Texas SIP on March 17, 2014 (79 FR 14611). IV. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the Texas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); [[Page 57304]] Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 23, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 9, 2015. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart SS--Texas 0 2. In Sec. 52.2270(c), the table titled ``EPA APPROVED REGULATIONS IN THE TEXAS SIP'' is amended by removing the entries for Sections 115.247 and 115.249, adding an entry for Section 115.540, and revising the entries for sections 115.541 through 115.547 and 115.549 to read as follows: Sec. 52.2270 Identification of plan. * * * * * (c) * * * EPA Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/Subject Submittal EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Subchapter F--Miscellaneous Industrial Sources ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels ---------------------------------------------------------------------------------------------------------------- Section 115.540................ Applicability and 1/26/2011 9/23/2015 [Insert ................... Definitions. Federal Register citation]. Section 115.541................ Emission Specifications 1/26/2011 9/23/2015 [Insert ................... Federal Register citation]. Section 115.542................ Control Requirements... 1/26/2011 9/23/2015 [Insert ................... Federal Register citation]. Section 115.543................ Alternate control 1/26/2011 9/23/2015 [Insert ................... Requirements. Federal Register citation]. Section 115.544................ Inspection, Monitoring, 1/26/2011 9/23/2015 [Insert ................... and Testing Federal Register Requirements. citation]. Section 115.545................ Approved Test Methods.. 1/26/2011 9/23/2015 [Insert ................... Federal Register citation]. Section 115.546................ Recordkeeping and 1/26/2011 9/23/2015 [Insert ................... Notification Federal Register Requirements. citation]. Section 115.547................ Exemptions............. 1/26/2011 9/23/2015 [Insert ................... Federal Register citation]. [[Page 57305]] Section 115.549................ Compliance Schedules... 1/26/2011 9/23/2015 [Insert ................... Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-23379 Filed 9-22-15; 8:45 am] BILLING CODE 6560-50-P
![57302 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations
(2) The significant new use is use in provisions that apply in the Beaumont- 2011. The revisions submitted by the
consumer textiles, other than for use in Port Arthur (BPA) nonattainment area Texas Commission on Environmental
motor vehicles. (Hardin, Jefferson and Orange Counties), Quality (TCEQ) apply to Brazoria,
(b) Specific requirements. The four counties in the Dallas-Fort Worth Chambers, Collin, Dallas, Denton, El
provisions of subpart A of this part (DFW) nonattainment area (Collin, Paso, Fort Bend, Galveston, Hardin,
apply to this section except as modified Dallas, Denton and Tarrant Counties), El Harris, Jefferson, Liberty, Montgomery,
by this paragraph. Paso County, and the Houston- Orange, Tarrant and Waller Counties.
(1) Definitions. The definitions in Galveston-Brazoria (HGB) Our May 13, 2015 rule and proposal
§ 721.3 apply to this section. In nonattainment area (Brazoria, stated that if any relevant adverse
addition, the following definitions Chambers, Fort Bend, Galveston, Harris, comments were received by the end of
apply: Liberty, Montgomery and Waller the public comment period on June 12,
Consumer textile means any cloth, Counties). 2015, the direct final rule would be
fabric, or other item produced during a The EPA is also making a ministerial withdrawn and we would respond to
milling process for textiles (including correction to the Code of Federal the comments in a subsequent final
spinning, weaving, knitting, felting, or Regulations (CFR) to accurately reflect action. Relevant adverse comments were
finishing), that is sold or made available approved SIP revisions that pertain to received during the comment period,
either as a product or as part of a Stage II control of VOCs from gasoline and the direct final rule was withdrawn
product, to a private individual who dispensing facilities in Texas. on June 30, 2015 (80 FR 37161). Our
uses it in or around a permanent or May 13, 2015 proposal provides the
DATES: This final rule is effective on
temporary household or residence, basis for this final action.
October 23, 2015.
during recreation, or for any personal Also, on March 17, 2014 we approved
ADDRESSES: The EPA has established a revisions to the Texas SIP pertaining to
use or enjoyment. Consumer textiles can
include, but are not limited to, bolts of docket for this action under Docket ID Stage II control of VOCs from gasoline
cloth and draperies, as well as textiles No. EPA–R06–OAR–2011–0079. All stations (79 FR 14611). Included in the
that are part of upholstered household documents in the docket are listed on approved revisions was removal of
furniture and mattresses. the http://www.regulations.gov Web sections 115.247 and 115.249 from the
Motor vehicle has the meaning found site. Although listed in the index, some TX SIP. In that document, however, we
at 40 CFR 85.1703. information is not publicly available, did not update the CFR to show that 30
(2) Revocation of article exemption. e.g., Confidential Business Information TAC 115.247 and 115.249 were removed
The provisions of § 721.45(f) do not or other information whose disclosure is from the SIP. We are using the
apply to importers and processors of the restricted by statute. Certain other opportunity of this final rule to correct
chemical substances identified in material, such as copyrighted material, this oversight.
paragraph (a)(1) of this section as part of is not placed on the Internet and will be We received comments on our May
a textile. publicly available only in hard copy 13, 2015 proposal from two
form. Publicly available docket commenters. Our response to the
[FR Doc. 2015–24178 Filed 9–22–15; 8:45 am]
materials are available either comments are below.
BILLING CODE 6560–50–P
electronically through http://
www.regulations.gov or in hard copy at II. Response to Comments
EPA Region 6, 1445 Ross Avenue, Suite Comment: The first commenter stated
ENVIRONMENTAL PROTECTION it would be impractical, and possibly
700, Dallas, Texas 75202–2733.
AGENCY unreasonable, to require industry to
FOR FURTHER INFORMATION CONTACT: Mr.
40 CFR Part 52 Robert M. Todd, (214) 665–2156, comply with the state regulations unless
todd.robert@epa.gov. To inspect the the state took the needs of individual
[EPA–R06–OAR–2011–0079; FRL–9932–51– sources into account and helped them to
Region 6]
hard copy materials, please contact Mr.
Todd or Mr. Bill Deese (214) 665–7253. comply.
Response: The commenter fails to
Approval and Promulgation of SUPPLEMENTARY INFORMATION:
specify how and why the submitted
Implementation Plans; Texas; Revision Throughout this document wherever revisions would be impractical. In
To Control Volatile Organic Compound ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean addition, these revisions merely modify
Emissions From Storage Tanks and the EPA. and clarify existing rules which have
Transport Vessels been implemented for several years.
Table of Contents
AGENCY: Environmental Protection Requirements to control degassing
I. Background
Agency (EPA). II. Response to Comments
emissions, for example, low-leaking
ACTION: Final rule. III. Final Action tank fittings on some control options,
IV. Incorporation by Reference monitoring control effectiveness and
SUMMARY: The Environmental Protection V. Statutory and Executive Order Reviews reporting compliance from degassing
Agency (EPA) is approving a Texas State operations were first implemented in
Implementation Plan (SIP) revision for I. Background HGB and BPA (62 FR 27964, May 22,
control of volatile organic compound The background for this action is 1997). In DFW and El Paso County,
(VOC) emissions from degassing of discussed in detail in our May 13, 2015 these rules were adopted as contingency
storage tanks, transport vessels and direct final rule and proposal (80 FR measures under the 1-hour ozone
marine vessels. The revision reformats 27251 and 80 FR 27275). In the direct standard (62 FR 27964). The Texas
mstockstill on DSK4VPTVN1PROD with RULES
the existing requirement to comply with final rule we approved a SIP submission Commission on Environmental Quality
current rule writing standards, adds revising the rules for controlling VOC has been successfully implementing
additional control options for owner/ emissions from degassing of storage these degassing regulations in Brazoria,
operators to use when complying, tanks, transport vessels and marine Chambers, Fort Bend, Galveston,
clarifies the monitoring and testing vessels. The Texas rule revisions were Hardin, Harris, Jefferson, Liberty,
requirements of the rule, and makes adopted by the state on January 26, 2011 Montgomery, Orange, and Waller
non-substantive changes to VOC control and submitted to us on February 18, Counties for several years and we
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![57304 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations
• Is not a significant regulatory action submit a rule report, which includes a List of Subjects in 40 CFR Part 52
subject to Executive Order 13211 (66 FR copy of the rule, to each House of the Environmental protection, Air
28355, May 22, 2001); Congress and to the Comptroller General pollution control, Incorporation by
• Is not subject to requirements of of the United States. The EPA will reference, Ozone, Reporting and
section 12(d) of the National submit a report containing this action recordkeeping requirements, Volatile
Technology Transfer and Advancement and other required information to the organic compounds.
Act of 1995 (15 U.S.C. 272 note) because U.S. Senate, the U.S. House of
application of those requirements would Dated: September 9, 2015.
Representatives, and the Comptroller
be inconsistent with the Clean Air Act; Ron Curry,
General of the United States prior to
and publication of the rule in the Federal Regional Administrator, Region 6.
• Does not provide the EPA with the 40 CFR part 52 is amended as follows:
Register. A major rule cannot take effect
discretionary authority to address, as
until 60 days after it is published in the
appropriate, disproportionate human PART 52—APPROVAL AND
Federal Register. This action is not a
health or environmental effects, using PROMULGATION OF
practicable and legally permissible ‘‘major rule’’ as defined by 5 U.S.C.
804(2). IMPLEMENTATION PLANS
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). Under section 307(b)(1) of the Clean ■ 1. The authority citation for part 52
In addition, the SIP is not approved Air Act, petitions for judicial review of continues to read as follows:
to apply on any Indian reservation land this action must be filed in the United Authority: 42 U.S.C. 7401 et seq.
or in any other area where the EPA or States Court of Appeals for the
an Indian tribe has demonstrated that a appropriate circuit by November 23, Subpart SS—Texas
tribe has jurisdiction. In those areas of 2015. Filing a petition for
Indian country, the rule does not have reconsideration by the Administrator of ■ 2. In § 52.2270(c), the table titled
tribal implications and will not impose this final rule does not affect the finality ‘‘EPA APPROVED REGULATIONS IN
substantial direct costs on tribal of this action for the purposed of THE TEXAS SIP’’ is amended by
governments or preempt tribal law as judicial review nor does it extend the removing the entries for Sections
specified by Executive Order 13175 (65 time within which a petition for judicial 115.247 and 115.249, adding an entry
FR 67249, November 9, 2000). review may be filed, and shall not for Section 115.540, and revising the
The Congressional Review Act, 5 entries for sections 115.541 through
postpone the effectiveness of such rule
U.S.C. 801 et seq., as added by the Small 115.547 and 115.549 to read as follows:
or action. This action may not be
Business Regulatory Enforcement
Fairness Act of 1996, generally provides challenged later in proceedings to § 52.2270 Identification of plan.
that before a rule may take effect, the enforce its requirements. (See section * * * * *
agency promulgating the rule must 307(b)(2).) (c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
State citation Title/Subject approval/ EPA approval date Explanation
Submittal date
* * * * * * *
Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds
* * * * * * *
Subchapter F—Miscellaneous Industrial Sources
* * * * * * *
Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
Section 115.540 ................ Applicability and Definitions ........................................ 1/26/2011 9/23/2015 [Insert Federal
Register citation].
Section 115.541 ................ Emission Specifications .............................................. 1/26/2011 9/23/2015 [Insert Federal
Register citation].
Section 115.542 ................ Control Requirements ................................................. 1/26/2011 9/23/2015 [Insert Federal
Register citation].
Section 115.543 ................ Alternate control Requirements .................................. 1/26/2011 9/23/2015 [Insert Federal
Register citation].
mstockstill on DSK4VPTVN1PROD with RULES
Section 115.544 ................ Inspection, Monitoring, and Testing Requirements .... 1/26/2011 9/23/2015 [Insert Federal
Register citation].
Section 115.545 ................ Approved Test Methods ............................................. 1/26/2011 9/23/2015 [Insert Federal
Register citation].
Section 115.546 ................ Recordkeeping and Notification Requirements .......... 1/26/2011 9/23/2015 [Insert Federal
Register citation].
Section 115.547 ................ Exemptions ................................................................. 1/26/2011 9/23/2015 [Insert Federal
Register citation].
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
State citation Title/Subject approval/ EPA approval date Explanation
Submittal date
Section 115.549 ................ Compliance Schedules ............................................... 1/26/2011 9/23/2015 [Insert Federal
Register citation].
* * * * * * *
* * * * * www.fmc.gov/electronic_reading_room/ enlarge time. As amended, § 502.102
[FR Doc. 2015–23379 Filed 9–22–15; 8:45 am] proceeding_or_inquiry_log_search.aspx; would require that a party must have
BILLING CODE 6560–50–P and select Docket No. 15–09 from the ‘‘reasonable grounds’’ for failing to file
list of docket logs provided. a motion for enlargement of time at least
FOR FURTHER INFORMATION CONTACT: seven (7) days before the filing due date.
FEDERAL MARITIME COMMISSION Karen V. Gregory, Secretary, Federal Section 502.104 is similarly amended.
Maritime Commission, 800 North Rules on enlargement of time to file
46 CFR Part 502 Capitol Street NW., Washington, DC briefs and exceptions found at
20573–0001. Phone: (202) 523–5725. §§ 502.222 and 502.228 are amended
[Docket No. 15–09]
Email: secretary@fmc.gov. because new § 502.102 covers the
RIN 3072—AC62 SUPPLEMENTARY INFORMATION: The relevant requirements. Section 502.319
Federal Maritime Commission (FMC or is revised to duplicate the requirements
Amendments to Rules of Practice and Commission) is amending its rules of of § 502.102 to apply to formal
Procedure Governing Time and practice and procedure concerning time procedures for adjudication of small
Service in Adjudicatory Proceedings and service in adjudicatory proceedings. claims.
Federal Maritime Commission.
AGENCY: Computation of Time Service of Documents
Direct final rule; request for
ACTION:
Currently the rules set out a variety of The service rules in Subpart H are
comments. different formulas and conventions for revised to add references to service by
computing time. Section 502.101 of email, and to encourage parties
SUMMARY: The Federal Maritime
Subpart G specifies that in computing consistently to use of the same manner
Commission proposes to amend its rules
periods of time under the rules, of service between parties, as that used
of practice and procedure concerning
Saturdays, Sundays, and holidays to file documents with the Commission.
time and service in adjudicative
should be counted, but that ‘‘[w]hen the The service rules are also rewritten and
proceedings. These revisions improve
period of time prescribed or allowed is reorganized for clarity and ease of use.
consistency across various processes
and increase efficiency for parties to less than seven (7) days, intermediate Regulatory Analysis and Notices
proceedings. Saturdays, Sundays, or national
holidays shall be excluded from the Regulatory Flexibility Act
DATES: This rule is effective November computation.’’ Throughout part 502 This direct final rule is not a ‘‘major
30, 2015, without further action, unless various sections reference a five (5) day rule’’ under 5 U.S.C. 804(2). No notice
significant adverse comments are filed deadline but do not cross-reference of proposed rulemaking is required;
prior to October 30, 2015. If significant § 502.101, which may create confusion. therefore, the provisions of the
adverse comment is received the For consistency and to streamline and Regulatory Flexibility Act, 5 U.S.C. 601
Federal Maritime Commission will simplify the rules, the provision et seq., do not apply.
publish a timely withdrawal in the excluding weekends and holidays when
Federal Register. a deadline is less than seven (7) days is Paperwork Reduction Act
ADDRESSES: You may submit comments, removed, and all 5-day periods set out The Paperwork Reduction Act of
identified by the docket number in the in part 502 are extended to seven (7) 1995, 44 U.S.C. 3501–3521, requires an
heading of this document, by any of the days. Consequently, all time periods agency to seek and receive approval
following methods: will be calculated in the same manner from the Office of Management and
• Email: secretary@fmc.gov. Include by counting calendar days inclusive of Budget (OMB) before making most
in the subject line: ‘‘Docket No. 15–09, weekends and holidays. In addition, requests for information if the agency is
Comments on Amendments to Rules of language in § 502.101 is simplified to requesting information from more than
Practice and Procedure Governing Time provide that ‘‘[i]f the last day is a ten persons. 44 U.S.C. 3507. The agency
and Service.’’ Comments should be Saturday, Sunday or federal holiday, the must submit collections of information
attached to the email as a Microsoft period continues to the next day that is in proposed rules to OMB in
Word or text-searchable PDF document. not a Saturday, Sunday or federal conjunction with the publication of the
Comments containing confidential holiday.’’ proposed rulemaking. 5 CFR 1320.11.
information should not be submitted by Subpart G is also revised to simplify The Commission is not proposing any
email. the structure of the rules. For example, collections of information, as defined by
mstockstill on DSK4VPTVN1PROD with RULES
• Mail: Karen V. Gregory, Secretary, the rules for enlargement and reduction 44 U.S.C. 3502(3) and 5 CFR 1320.3(c),
Federal Maritime Commission, 800 of time to file documents currently as part of this rule.
North Capitol Street NW., Washington, found in §§ 502.102 and 502.103 are
DC 20573–0001. consolidated into § 502.102. Section Regulation Identifier Number
• Docket: To read background 502.102 is also amended to reflect The Commission assigns a regulation
documents or comments received in current Commission practice and identifier number (RIN) to each
response to this docket, go to: http:// standards for granting motions to regulatory action listed in the Unified
VerDate Sep<11>2014 16:11 Sep 22, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\23SER1.SGM 23SER1](https://thefederalregister.org/doc/80_FR_57486/page/4.svg)
Document Created: 2015-12-15 09:45:33
Document Modified: 2015-12-15 09:45:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 23, 2015. | |
| 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. | |
| FR Citation | 80 FR 57302 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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