### Bryan W. Shaw, Ph.D., P.E., Chairman Toby Baker, Commissioner Zak Covar, 

### Commissioner Richard A 

### Hyde, P.E., 

### Executive Director 

# 15**-.!~.N** 

# -8 PM 6: 

# 14
TEXAS COMMISSION 

# ON ENVIRONMENTAL QUALITY Protecting Texas byReducing andPreventing Pollution 

## January 5, 2015

Ron Curry RegionalAdministrator U.S. EnvironmentalProtectionAgency- Region 6 1445 

## Ross Avenue Dallas, Texas 75202-2733 

## DearMr. Curry: 

## DocketNo. 2013-1869-RUL RuleProjectNo. 2014-002-114-AI

On September 10, 2014, 

## theTexas Commission on Environmental Quality (Commission) adopted revisionstothe StateImplementation Plan (SIP). The Commission adopted amended Sections 114.301, 114.306, 114.307, 114.309, 

## and repealed Section 114.304 

## of30

## TexasAdministrative Code, Chapter 114, 

## ControlofAir 

## Pollutionfrom MotorVehicles, and correspondingrevisions tothe stateimplementationplan. The adoption will remove theprohibitiononthe increaseduse ofmethyl-tertiary-butyl-ether (MTBE) ingasoline to conformtothelow Reid vaporpressure (RVP) gasoline requirements; remove the registrationrequirements for gasoline producers andimportersthatsupplylow RVP gasoline tothe affected counties; remove the annual reporting and certification requirements onthe use ofMTBE in low RVP gasoline; and make othernon-substantive clarifying changes as needed for accuracy and consistency. Enclosed aretheproposedrevisions tothe SIP, a publichearing certification, a completerecord ofthe public hearing, andthe accompanying order. I lookforward toyourexpeditious approval ofthese SIP revisions.

# ~u~ BryanW. Shaw, Ph.D., P.E. Chairman BWS/ts Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Nate Hickman, Office ofBudget, Planning andPolicy, Office ofthe Governor

. Mr. RichardA 

## Hyde, P.E., Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey printed on recycled paper using vegetable-based ink

# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

THE STATE OF TEXAS
COUNTY OF TRAVIS Docket No. 

## 2013-1869-RUL Rule Project No. 

## 2014-002-114-AI

This is to certifythatthe attachedelectronicfile 

# is included andthattheelectronicfile is a
true andcorrectcopy ofdocuments for a revisiontotheTexas State ImplementationPlan, adopted on September 10, 2014, 

## pursuantto 40 

## Code ofFederal Regulations § 51.104. 

## I am therecords administratorfor theAir Quality Division oftheTexas Commission on Environmental Quality (Commission).

### Texas Commission on Environmental Quality Public Hearing

May 8, 2014 Concerning Revisions to 30 TAC Chapter 114

Control of Air Pollution from Motor Vehicles Low RVP Gasoline Program Rule Revision Project No. 2014-002-114-AI

### INTRODUCTION

The Texas Commission on Environmental Quality {TCEQ or commission) scheduled a public hearing in Austin on May 8, 2014, to receive testimony regarding proposed revisions to 30
Texas Administrative Code {TAC) amended §§114.301, 114.306, 114.309 and repealed §114.304 of 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, and corresponding revisions to the state implementation plan (SIP). Repealed §114.304 and
amended §114.307 and §114.309 are being submitted as a revision to the SIP.

The rulemaking removes the prohibition on the increased use of methyl-tertiary-butyl-either (MTBE) in gasoline to conform to the low Reid vapor pressure (RVP) gasoline requirements;

removes the registration requirements for gasoline producers and importers that supply low
RVP gasoline to the affected counties; removes the annual reporting and certification requirements on the use of MTBE in low RVP gasoline; and makes other non-substantive clarifying changes as needed for accuracy and consistency between Chapter 114 and the El
Paso Low RVP Gasoline requirements in Chapter 15.

The comment period closed on May 12, 2014. All testimony and comments have been
reviewed and seriously considered. This hearing record contains a complete record ofthe public hearing and is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o 

### Evaluation of Testimony

o 

### Staff Recommendations/Order

### Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park
35 Circle, Austin, Texas 78753. For further information, please contact Morris Brown at (512)
239-1438.

# NOTICE 

# & PROPOSAL

### PUBLIC NOTIFICATION

Notification to the public of the proposed revisions was conducted by the following procedures:

1. Publication of notice of public hearings in the following newspapers on the date listed:
Austin American-Statesman: 

### March 28, 2014 Beaumont Enterprise: 

### March 28, 2014 Fort Worth Star- Telegram: 

### March 28, 2014 Houston Chronicle: 

### March 30, 2014 Longview News-Journal: 

### March 28, 2014 Tyler Morning Telegraph: 

### March 28, 2014

2. Publication of the proposed rules in the April 11, 2014, issue of the Texas Register

### (39 TexReg 2753).

3. Publication of the Notice of Public Hearing in the April 11, 2014, issue of the Texas Register

### (39 TexReg 2983).

4. Correspondence forwarding the notice of public hearings to the following officials and agencies: Speaker of the House
Lieutenant Governor
Alamo Area Council of Governments Capital Area Planning Council City ofAustin, Mayor's Office City of Dallas, Department of Environmental Quality City of Dallas, Department ofAviation City of El Paso, Environmental Services

### City of Fort Worth, Environmental Management Department City of Houston, Department of Health and Human Services
East Texas Council of Governments
El Paso Metropolitan Planning Organization
Federal Highway Administration
Galveston County Health District
Harris County Pollution Control Services Department
Harris County Public Health and Environmental Services
Houston-Galveston Area Council
North Central Texas Council of Governments
South East Texas Regional Planning Commission
Texas Department ofTransportation
Travis County Judge
Victoria Metropolitan Planning Organization
Arkansas Department of Pollution Control and Ecology
Louisiana Department of Environmental Quality
New Mexico Environmental Department
Oklahoma Department of Environmental Quality
United States Environmental Protection Agency

### Example of Newspaper Classified Ad
Austin American-Statesman, March 28, 2014

NOTICE 

### OfAPUBLIC HEARING ON PROPOSED REVISIONS TO :30



### , TAC

. •CHAPTER 114 

### AND TO THE STATE IMPLEMENTATION PLAN 

### The Texas 

### Commission on Environ·

mental Quality 

### (commission) will conduct a public hearing to receive testimony regarding proposed**re~** 

### visions to 30 Texas 

### Administrative Code (TAC) amended 

### §§114.301 1 • 

### 114.306, 114.307, 114.309, aM repealed §114.304 

### of 30 TAC 

### Chaoter 114,ControlofAirPollution fron1 Motor Vehicles, and corre· spondlng revisions to 

### the state 

### Implementation plan (SIP)· under the 

### requirements of Texas Health 

### and Safety Code1 §382.017; 

### Texas Government Cooe, Chapter 

### 2001, Subchapter B; and 40 

### -code of Federal Regulations §51.102 

### of the 

### United States Environmental 

### Protection Agency (EPA) 

### concerning SIPs.

. ' The 

### proposed rulemaklng would ·remove i:ne 

### prohibition on the Increased use 

### of methyl-tertlar;- butyl-ether 

### (MIBE) In 

### gasollna to 

### conform to the low Reid vapor pressure (RVP) 

### gasoline require-**ments~** 

### remove the registration 

### requirements forgasolineproducers and Importers that 

### supply low RVP 

### gasoline to the -affeco;ed 

### counties; remove 

### the annual reporting 

### ano certification r-equirements on 

### the use of MTBE In low 

### RVP gasollnei and 

### make other .non-substantlveclarffylng changes 

### as n;Jeded ·for accuracy 

### and consistency. The 

### commission will 

### held a 

### public

hearing on thTs 

### proposal in Austin on May 

## a, 20141 at 

### 10:00 a.m. In 

### Building E, 

### Room ·2015, 

### at the commission's central 

### office located at 

### 12100 Park35 CtrcJe."The 

### hearing is 

### structured for the 

### receipt of oral 

### or written commGnts 

### by Interested persons. 

### Individuals may 

### present ·oral statements when 

### called upon In 

### order of registration. 

### Open discussion will 

### r.ot be permitted during.

. the hearing; 

### howeYer, commission staff members Will 

### be available to discus.s 

### the proposal 30 mlriutes prior to the hearing. Persons who 

### have· special commu- n!cation ·or oth.er accommodation needs 

### who .are planning· 

### to attend 

### the hearing should contact Sandy Wong1 

### Office of 

### Legal Services at (Sl2) 239-1802. 

### Re·quests should 

### be made 

### as far In 

### advance· as po·sslble, 

### Written comments may- 

### be- submitted to Bruce McAnaUy, MC 2051 

### Office of 

### Legal Services, Texas 

### Commission on Environmental Quality, 

## P.o. Box 

### 130871 Austin Texas 

### 78711-:3087, orfaxed to (512) 239·4808. 

### Electronic comments may be 

### submitted

. at: http:/ 

### /www5.tceq,texas.gov/ruies/ ecomments/. File size restrictions may aoply 

### to comments being submitted vla the ecomments system. All 

### comments should. 

### ref

### erE:nce Rule 

### Project Number 2014-- 002·114-AI. The 

### comment perlod 

### closes May 12, 

### Z014. Copies ofthe proposeo 

### rulemaklr.g can be obtained from 

### the commlsslon's Web site at http://www.tceq.texas.gov/**navjruh:sjpropo~e_adopt.htnil.** 

### For further 

### Information, please 

### contact Morris Brown/ Air Quality Division, (512) 239-1438.tions may apply to comments be g submitted via the eComments system. All comments should reference Rule Project Number 2014-010-116-AI. The comment p riod closes May 12, 2014. Copies ofthe proposed rulemaking can b obtained from the commission's Web site at http://www.tceq.texas. ov/navlrules/propose_adopt.html. For further information, please co act Brian Sierant, Office ofWater, (512) 239-1375. TRD-201401401 Robert Martinez Director, Environmental Law Divisi Texas Commission on Environmen Filed: March 28,2014 

# • • Notice ofPublic Hearing on Proposed Revisions to 30 Texas Administrative Code Chapter 114 and to the State Implementation Plan The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 114, Control ofAir Pollution from Motor Vehicles, amended §§114.301, 114.306, 114.307, 114.309, and repealed§ 114.304, and corresponding revisions to the state implementation plan (SIP) under the requirements ofTexas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code ofFederal Regulations §51.102 of the United States Environmental Protection Agency (EPA) concerning SIPs. The proposed rulemaking would remove the prohibition on the increased use of methyl-tertiary-butyl-ether (MTBE) in gasoline to conform to the low Reid vapor pressure (RVP) gasoline requirements; remove the registration requirements for gasoline producers and importers that supply low RVP gasoline to the affected counties; remove the annual reporting and certification requirements on the use ofMTBE in low RVP gasoline; and make other non-substantive clarifying changes as needed for accuracy and consistency between Chapter 114 and the El Paso Low RVP Gasoline requirements in Chapter 15. The commission will hold a public hearing on this proposal in Austin on May 8, 2014, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt oforal or written comments by interested persons. Individuals may present oral statements when called upon in order ofregistration. Open discussion will not be permitted during the hearing; however, commission staffmembers will be available to discuss the proposal 30 minutes prior to the hearing. Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office ofLegal Services, at (512) 239-1802. Requests should be made as far in advance as possible. Written comments may be submitted to Bruce McAnally, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www5.tceq.texas.gov/ruleslecommentsl File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2014-002-114-Al. The comment period closes May 12, 2014. Copies of the proposed rulemaking can be obtained from the commission's Web site at http://www.tceq.texas.gov/navlruleslpropose _adopt.html. For further information, please contact Morris Brown, Air Quality Division, (512) 239-1438. TRD-201401370 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Filed: March 28, 2014 

# • • Notice ofPublic Hearings on roposed Revisions to 30 Texas Administrative Code Ch pter 115 and to the State Implementation Plan The Texas Commission on Enviro mental Quality (commission) will conduct public hearings to receive estimony regarding proposed revisions to 30 Texas Administrative ode (TAC) Chapter 115, Control of Air Pollution from Volatile Organ c Compounds, §§115.10, 115.221, 115.222, 115.224- 115.227, and I 5.229, and corresponding revisions to the state implementation plan (S P) under the requirements ofTexas Health and Safety Code, §382.0 17 Texas Government Code, Chapter 2001, Subchapter B; and 40 Code ofFederal Regulations §51.102 of the United States Environmental P otection Agency (EPA) concerning SIPs. The proposedrulemaking would re ise Chapter 115, Subchapter C, Division 2, concerning the requirem nts for Stage I vapor recovery testing. The proposed rulemaking w uld specifY Stage I testing requirements for gasoline dispensing faci ities located in the 12 ozone nonattainment and 4 ozone maintenance counties that will be affected by the decommissioning ofthe Stage II apor recovery equipment rule revision and in the 95 counties that ar subject to the state Stage I rule but not Stage II requirements. The pro osed Stage I rule revision would establish testing requirements that ar more consistent with federal Stage I testing requirements in 40 Code fFederal Regulations Part 63, Subpart CCCCCC. The commission will hold public earings on this proposal in Austin at 2:00p.m. on May 1, 2014, at the commission's central office located at 12100 Park 35 Circle, Bu I ding E, Room 20IS; in Fort Worth at 2:00p.m. on April 29, 2014, t the TCEQ Region 4 Office, 2309 Gravel Road; and in Houston at :00 p.m. on May 6, 2014, at the TCEQ Region 12 Office, Confere ce Room 3C-3F, 5425 Polk Street. The hearings are structured forth receipt oforal or written comments by interested persons. Individual may present oral statements when called upon in order ofregistratio

. Open discussion will not be permitted during the hearing; howeve , commission staffmembers will be available to discuss the proposal 3 minutes prior to the hearing. Persons who have special com needs who are planning to atten Wong, Office ofLegal Services, be made as far in advance as pos nication or other accommodation the hearings should contact Sandy t (512) 239-1802. Requests should ble. Written comments may be sub tted to Michael Parrish, MC 205, Office of Legal Services, Te s Commission on Environmental Quality, P.O. Box 13087, A stin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at: http:llwww5.tceq.texas.govlrulesi< comments! File size restrictions may apply to comments b ing submitted via the eComments system. All comments shoul reference Rule Project Number 2013-022-115-AI. The comment eriod closes May 12, 2014. Copies ofthe proposed rulemaking can e obtained from the commission's Web site at http://www.tceq.texa .govlnavlruleslpropose_adopt.html. For further information, please contact Sarah Davis, Air Quality Planning Section, (512) 239-493

.



## INADDITION Aprilll, 2014 39 TexReg 2983

### BryanW. Shaw, Ph.D., P.E., 

### Chairman Toby Baker, 

### Commissioner ZakCovar, 

### Commissioner Richard A. 

### Hyde, P.E., 

### Executive Director



## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by

### Reducing andPreventing Pollution



## NOTICE OFAPUBLIC HEARING ON PROPOSED REVISIONS TO 30TAC CHAPTER 114AND TO THESTATE IMPLEMENTATION PLAN

TheTexas Commission on Environmental Quality (commission) will conduct a publichearingto receive testimonyregarding proposedrevisions to 30Texas Administrative Code (TAC) amended §§114.301, 114.306, 114.307, 114.309, andrepealed §114.304 of30TAC Chapter 114, Control ofAir Pollution from MotorVehicles, and correspondingrevisions to the state implementationplan (SIP) undertherequirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and40 Code ofFederal Regulations §51.102 ofthe United States Environmental ProtectionAgency (EPA) concerning SIPs.
The proposed rulemakingwould remove theprohibition ontheincreaseduse ofmethyl-tertiarybutyl-ether (MTBE) ingasoline to conformto thelow Reid vaporpressure (RVP) gasoline requirements; remove the registration requirements for gasoline producers and importers that supplylow RVP gasoline to the affected counties; remove the annualreporting and certification requirements ontheuse ofMTBE in low RVP gasoline; and make other non-substantive clarifying changes as neededfor accuracy and consistencybetween Chapter 114 andthe El Paso Low RVP Gasoline requirements in Chapter 15.
The commission will hold a public hearing onthis proposal inAustin onMay 8, 2014, at 10:00 a.m. in Building E, Room 201S, atthe commission's central office located at 12100 Park 35 Circle. The hearing is structuredfor the receipt oforal orwritten commentsbyinterested persons. Individuals maypresent oral statementswhen called upon in order ofregistration. Open discussion will notbepermitted during thehearing; however, commission staffmembers will be available to discuss the proposal 30minutes priorto the hearing.
Persons who have special communication or other accommodation needs who are planningto attendthe hearing shouldcontact SandyWong, Office ofLegal Services at (512) 239-1802. Requests shouldbemade as far in advance as possible.
Written comments maybe submittedto Bruce McAnally, MC 205, Office ofLegal Services, Texas Commission on Environmental Quality, P.O. Box 13087,Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments maybe submitted at: 

## http:jjwwws.tceq.texas.govjrulesjecomments/. File size restrictions may applyto comments being submittedvia the 

## eComments system. All comments shouldreference Rule Project Number 2014-002-114-AI. The comment period closes May 12, 2014. Copies ofthe proposed rulemaking canbe obtainedfrom the commission's Web site at 

## http://www.tceq.texas.govjnavjrulesjpropose_adopt.html. Forfurther information, please contact Morris Brown, Air Quality Division, (512) 239-1438.

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is ourcustomer service? tceq.texas.gov

## Igoto

## Icustomersurvey printed on recycled paperperiod closes May 12, 2014. Copies of the proposed rulemaking can be obtained fro the commission's Website at http://www.tceq.texas.gov/nav. u/es/propose_adopt.html. For further information, please c ntact Greg Yturralde, Revenue Operation Manager, at (512) 2 9-1951. Statutory Authority The amendment is proposed nder Texas Water Code (TWC), §5.1 03, which provides the c mmission with the authority to adopt any rules necessary to carry out its powers and duties under this code and other law of this state. The proposed amendment im lements House Bill 1487, 83rd Legislature, 2013. 

### §14.9. Notices. (a) The executive directo shall publish onthe state electronic business daily, commonly known s the Texas Marketplace, information regarding any solicitation rei ed to a grant or series ofgrants, any ofwhich is reasonably expected t exceed $25,000, to be awarded under this chapter. (b) The notice will indic e either that the executive director is seeking proposals or applicatio s from potential grant recipients, or that one or more direct awards is a ticipated, in accordance with §14.8 ofthis title (relating to Direct Aw d). (c) Ifone or more direct ards is anticipated, the notice will identify the recipients selected to eceive a direct award and will describe the objective and amount o each proposed award. (d) Following recipient se ection and final grant award, except in the case of a previously noted irect award, the executive director shall file a secondnotice in the stat 'selectronic business daily identifying the successful recipients and in icatingthe amount ofeach awarded grant. (e) In addition, the execut e directormay publish or broadcast information concerning a grant o grants in any publication, website 

### [we& site], or other forum.

The agency certifies that lega counsel has reviewed the proposal and found it to be within e state agency's legal authority to adopt. Filed with the Office ofthe Seer tary of State on March 28, 2014. TRD-201401409 David Timberger Director, General Law Division Texas Commission on Environmen al Quality Earliest possible date of adoption: ay 11, 2014 For further information, please call: (512) 239-2141 

# + + CHAPTER 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES The Texas Commission on Environmental Quality (TCEQ, agency, commission) proposes amendments to §§114.301, 114.306, 114.307, and 114.309; and the repeal of §114.304. The repeal of §114.304 and amended §114.307 and §114.309 are proposed to be submitted to the United States Environmental Protection Agency (EPA) as revisions to the state implementation plan (SIP). Background and Summary ofthe Factual Basis for the Proposed Rules The current state regulations for the Regional Low Reid Vapor Pressure (RVP) Gasoline Program, as specified under the Chapter 114 gasoline volatility rules in §114.301, prohibit the sale of all gasoline from gasoline-dispensing facilities that has a RVP greater than 7.8 pounds per square inch (psi) within the 95 central and eastern Texas counties affected by these regulations from June 1 through October 1 of each year. This prohibition applies to all other affected entities in the affected 95 counties from May 1 through October 1 of each year. Low RVP gasoline is refined to have a lower evaporation rate and lower volatility than conventional gasoline. Low RVP gasoline reduces the evaporative emissions generated during vehicle refueling and therefore decreases the emissions of volatile organic compounds (VOC) and other ozone-forming emissions. Reducing emissions of VOC benefits the regional 95-county area and the rest of the state and assists in the attainment and maintenance of the National Ambient Air Quality Standard (NAAQS) for ozone. These rules also prohibit the increased use of methyl-tertiary-butyl-ether (MTBE) in gasoline to comply with the low RVP gasoline requirements during the period of May 1 through October 1 each year over that used in the period May 1 through October 1, 1998, on an average per gallon basis. The Regional Low RVP Gasoline Program rules, as specified in §114.304, also require all gasoline producers and importers that supply gasoline to the affected counties to register with the TCEQ. In addition, all registered gasoline producers and importers are required, as specified in §114.306, to submit an annual report certifying that the use of MTBE in the gasoline supplied to the affected counties, from May 1 through October 1 of the current reporting year, has not increased on an average per gallon basis from that used during the period of May 1 through October 1, 1998. The following 95 Texas counties, as specified in §114.309, are affected by the Regional Low RVP Gasoline Program regulations: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, Mclennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood Counties. The use of MTBE as an oxygenate for compliance with federal reformulated gasoline (RFG) regulations and as a gasoline octane enhancing additive was common when the Regional Low RVP Gasoline Program regulations in Chapter 114 were originally adopted in July 1999. Concerns over the potential MTBE contamination of groundwater and surface water led the commission to adoptthe MTBE prohibition specified in §114.301 (c) in April2000 to prevent gasoline producers from increasing the use of MTBE in gasoline to conform to the low RVP requirements.



## PROPOSED RULES Aprilll, 2014 39 TexReg 2753The gasoline producer and importer registration requirements in §114.304 and the annual reporting requirements specified in §114.306(c) were also adopted in April2000 to enhance the enforceability ofthe MTBE prohibition specified in §114.301 (c). The EPA approved the Low RVP Gasoline Program rules in Chapter 114 as a Sl P control strategy for the one-hour ozone NAAQS in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas in the April 26, 2001, issue ofthe Federal Register (66 FR 20927). Subsequently, with the passage ofthe Energy PolicyAct in 2005, the federal regulations requiring the use of oxygenates, such as MTBE, in RFG were repealed and a new federal renewable fuel standard requiring the use of ethanol in gasoline was enacted. As a result, gasoline producers began to blend ethanol into gasoline to meet the new federal renewable fuel standard, and MTBE was effectively removed from general use as a gasoline additive by the gasoline refining industry, primarily due to growing concerns over the MTBE contamination of groundwater and surface water. Samples of gasoline collected statewide in 2011 for a summer fuel field study conducted by the TCEQ showed only trace amounts of MTBE in some samples, i.e., less than 0.1% by volume, while every gasoline sample collected contained ethanol ranging from 1.99% to 9.44% by volume. The proposed amendments to the Regional Low RVP Gasoline Program rules would remove obsolete requirements that provide no benefit to the state and are no longer necessary for the implementation and enforcement of the primary gasoline volatility control requirements of the rule. In addition, the proposal would provide regulatory consistency between the Chapter 114 gasoline volatility requirements and the El Paso Low RVP Gasoline requirements, specified in the 30 Texas Administrative Code (TAG) Chapter 115 regulations in §§115.252, 115.253, 115.255

- 115.257, and 115.259, which do not prohibit the use of MTBE and do not require registration and annual.reporting. Section 110(1) Anti-backsliding Demonstration The proposed amendments to the Regional Low RVP Gasoline Program rules are also proposed as revisions to the Texas SIP. The EPA approved the Regional Low RVP Gasoline Program rules effective May 29, 2001, but specifically did not address the MTBE prohibition requirement of the Regional Low RVP Gasoline Program rules since the commission did not submit that requirement as a SIP revision. The EPA generally approved the registration and recordkeeping and certification requirements. Federal Clean Air Act (FCAA), §110(1) requires that the EPA not approve revisions to the SIP, if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement ofthe FCAA. The commission has reviewed the proposed amendments to the Regional Low RVP Gasoline Program rules and determined that the amendments would not interfere with attainment or maintenance of the one-hour ozone NAAQS, since the federal regulations requiring the use of oxygenates, such as MTBE, in RFG were repealed in 2005. Additionally, MTBE has effectively been replaced with ethanol as a gasoline additive by the gasoline refining industry due to concerns with watercontamination and for compliance with federal renewable fuel requirements. The repeal of the registration requirements, which were originally adopted to enhance enforcement regarding the MTBE prohibition, is not expected to impactthe purpose ofthe Regional Low RVP Gasoline Program since those rules remain intact. Similarly, the proposed amendments to §§114.306, 114.307, and



## 39 TexReg 2754 Apri/11, 2014 Texas Register 114.309 involve minor administrative clarifications necessary for consistency. The Regional Low RVP Gasoline Program rules remain in place as an effective means to provide continued emissions reductions ofVOCto assist in attainment and maintenance ofthe one-hour ozone NAAQS primarily within the 95 county region where the rules apply but also having potential additional benefits throughout the state. Section by Section Discussion §114.301, Control Requirements for Reid Vapor Pressure The proposal would amend §114.301 to delete subsection (c) to remove the prohibition on the increased use of MTBE in gasoline to conform to the low RVP gasoline requirements specified in subsection (a). The prohibition on increased use of MTBE is no longer necessary since the federal regulations requiring the use of oxygenates, such as MTBE, in RFG were repealed in 2005. Also, MTBE has effectively been replaced with ethanol as a gasoline additive by the gasoline refining industry, due to concerns with water contamination and for compliance with federal renewable fuel requirements. In addition, the proposed amendmentwould provide regulatory consistency with the El Paso Low RVP Gasoline requirements, specified in the Chapter 115 regulations in §§115.252, 115.253, 115.255-115.257, and 115.259, which do not contain a prohibition on the increased use of MTBE to comply with the rules. §114.304, Registration ofGasoline Producers and Importers The proposal would repeal §114.304 to remove the requirement for gasoline producers and importers that supply gasoline to the affected counties to register with the TCEQ for consistency with the proposed changes to §114.301, since these requirements were adopted by the commission in April 2000 to enhance the enforceability of the MTBE prohibition specified in §114.301 (c). Repealing the registration requirements specified in this section would relieve gasoline producers and importers affected by these regulations from an administrative requirement that is no longer necessary for the implementation ofthe low RVP gasoline rules. Repealing this section would also provide regulatory consistencywith the El Paso Low RVP Gasoline requirements, specified in Chapter 115 regulations in §§115.252, 115.253, 115:255- 115.257, and 115.259, which do not contain registration requirements. §114.306, Recordkeeping, Reporting, and Certification Requirements The proposal would amend §114.306 to delete subsection (c) to remove the reporting and certification requirements regarding the annual report on the use of MTBE in the gasoline, as needed for consistency with the proposed changes to §114.301. Removing the reporting and certification requirements specified in this subsection would relieve gasoline producers affected by these regulations from an administrative requirement that is no longer necessary for the implementation ofthe Chapter 114 low RVP gasoline rules. In addition, removing this subsection would provide regulatory consistency with the El Paso Low RVP Gasoline requirements, specified in the Chapter 115 regulations in §§115.252, 115.253, 115.255- 115.257, and 115.259, which do not contain reporting requirements. The proposal would also amend §114.306 to make clarifying changes to the section heading as needed for accuracy and consistency with the proposed changes to the section. §114.307, ExemptionsThe proposal would amend §114.307 to make non-substantive clarifying changes as needed for accuracy and consistency with the proposed changes to §114.306. §114.309, Affected Counties The proposal would amend §114.309 to make non-substantive clarifying changes as needed for accuracy and consistency with the proposed changes to §114.306. Fiscal Note: Costs to State and Local Government Nina Chamness, Analyst in the Chief Financial Officer Division, has determined that, for the first five-year period the proposed rules are in effect, no fiscal implications are anticipated for the agency or other units of state or local government as a result of administration or enforcement of the proposed rules. The proposed rules would remove oxygenate requirements that became obsolete with the passage ofthe Energy Policy Act of2005. The proposed amendments to the Regional Low RVP Gasoline Program rules would remove obsolete requirements that provide no benefit to the state and are no longer necessary for the implementation and enforcement of the primary gasoline volatility control requirements of the rule by repealing §114.304 and by amending §§114.301, 114.306, 114.307, and 114.309. Specifically, the proposed rulemaking would remove the prohibition on the increased use of MTBE in gasoline to conform to the low RVP gasoline requirements; remove the registration requirements for gasoline producers and importers that supply low RVP gasoline to the affected counties; remove the annual reporting and certification requirements on the use of MTBE in low RVP gasoline; and make other non-substantive clarifying changes as needed for accuracy and consistency. Since the proposed rules remove obsolete regulations regarding the use ofoxygenates and do not affect agency revenue or costs, the proposed rules have no fiscal impact on the agency. Also, other state agencies and units of local government will not be fiscally impacted by the proposed rules. Public Benefits and Costs Ms. Chamness also determined that for each year of the first five years the proposed rules are in effect, the public benefit anticipated from the changes seen in the proposed rules will be greater consistency with federal regulations and clarity regarding applicable rules for gasoline volatility. The proposed rules would not have a fiscal impact for individuals or businesses since they repeal obsolete requirements for gasoline volatility controls and associated reporting that the agency no longer needs. Small Business and Micro-Business Assessment No adverse fiscal implications are anticipated for small or microbusinesses as a result ofthe proposed rules. The proposed rules repeal obsolete gasoline volatility regulations. Small Business Regulatory Flexibility Analysis The commission has reviewed this proposed rulemaking and determined that a small business regulatoryflexibility analysis is not required because the proposed rules comply with federal regulations and do not adversely affect a small or micro-business in a material way for the first five years that the proposed rules are in effect. Local Employment Impact Statement The commission has reviewed this proposed rulemaking and determined that a local employment impact statement is not required because the proposed rules do not adversely affect a local economy in a material way for the first five years that the proposed rules are in effect. Draft Regulatory Impact Analysis Determination The commission reviewed the proposed rulemaking in light ofthe regulatory impact analysis requirements of Texas Government Code, §2001.0225, and determined that the proposed rulemaking does not meet the definition of a "major environmental rule" as defined in that statute. A "major environmental rule" means a rule, the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, orthe public health and safety ofthe state or a sector of the state. Additionally, the proposed rulemaking does not meet any ofthe four applicability criteria for requiring a regulatory impact analysis for a major environmental rule, which are listed in Texas Government Code, §2001.0225(a). Texas Government Code, §2001.0225, applies only to a major environmental rule, the result ofwhich is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers ofthe agency instead of under a specific state law. The proposed rulemaking would amend §§114.301, 114.306, 114.307, and 114.309; and would repeal §114.304. The revisions to Chapter 114 would remove the existing prohibition on the increased use of MTBE in gasoline and the registration and reporting requirements that have become effectively obsolete due to the passing of the Energy Policy Act in 2005, which effectuated a phase-out of the use of MTBE as a oxygenate for low RVP fuel. Requiring gasoline producers to register, document, and report use of MTBE is no longer necessary. While the proposed rulemaking addresses revisions to the low emission fuels requirements associated with gasoline volatility that are specifically intended to protect the environment or reduce risks to human health from environmental exposure, the proposed rulemaking is not expected to adversely affect in a material way the economy, a sector ofthe economy, productivity, competition, jobs, the environment, orthe public health and safety ofthe state or a sector ofthe state since the revisions are to address federal requirements associated with the phase-out of the use of MTBE as an oxygenate for low RVP fuel. The proposed rulemaking implements requirements of42 United States Code (USC), §7410, which requires states to adopt a SIP that provides for the implementation, maintenance, and enforcement ofthe NAAQS in each air quality control region ofthe state. While 42 USC, §7410 generally does not require specific programs, methods, or reductions in order to meet the standard, the SIP must include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this chapter (42 USC, Chapter 85). The provisions of the FCAA recognize that states are in the best position to determine what programs and controls are necessary or



## PROPOSED RULES Apri/11, 2014 39 TexReg 2755appropriate in order to meet the NMOS. This flexibility allows states, affected industry, and the public to collaborate on the best methods for attaining the NMOS for the specific regions in the state. Even though the FCM allows states to develop their own programs, this flexibility does not relieve a state from developing a program that meets the requirements of 42 USC, §7410. States are notfree to ignore the requirements of42 USC, §7410, and must develop programs to assure that their contributions to nonattainment areas are reduced so that these areas can be brought into attainment on schedule. The requirement to provide a fiscal analysis of proposed regulations in the Texas Government Code was amended by Senate Bill (SB) 633 during the 75th Legislature, 1997. The intent of SB 633 was to require agencies to conduct a regulatory impact analysis of extraordinary rules. These rules are identified in the statutory language as major environmental rules that will have a material adverse impact and will exceed a requirement of state law, federal law, or a delegated federal program, or are adopted solely under the general powers of the agency. With the understanding that this requirement would seldom apply, the commission provided a cost estimate for SB 633 concluding that "based on an assessment of rules adopted by the agency in the past, it is not anticipated that the bill will have significant fiscal implications for the agency due to its limited application." The commission also noted that the number of rules that would require assessment under the provisions ofthe bill was not large. This conclusion was based, in part, on the criteria set forth in the bill that exempted proposed rules from the full analysis unless the rule was a major environmental rule that exceeds a federal law. As discussed earlier in this preamble, the FCM does not always require specific programs, methods, or reductions in order to meet the NMOS; thus, states must develop programs for each area contributing to nonattainment to help ensure that those areas will meet the attainment deadlines. Because ofthe ongoing need to address nonattainment issues and to meet the requirements of 42 USC, §7410, the commission routinely proposes and adopts SIP rules. The legislature is presumed to understand this federal scheme. Ifeach rule proposed for inclusion in the SIP was considered to be a major environmental rule that exceeds federal law, then every SIP rule would require the full regulatory impact analysis contemplated by SB 633. This conclusion is inconsistentwith the conclusions reached by the commission in its cost estimate and by the Legislative Budget Board (LBB) in its fiscal notes. Since the legislature is presumed to understand the fiscal impacts ofthe bills it passes and that presumption is based on information provided by state agencies and the LBB, the commission believes that the intent of SB 633 was only to require the full regulatory impact analysis for rules that are extraordinary in nature. While the SIP rules will have a broad impact, the impact is no greater than is necessary or appropriate to meet the requirements ofthe FCM. For these reasons, rules adopted for inclusion in the SIP fall under the exception in Texas Government Code, §2001.0225(a) because they are required by federal law. The commission has consistently applied this construction to its rules since this statute was enacted in 1997. Since that time, the legislature has revised the Texas Government Code but left this provision substantially unamended. It is presumed that "when an agency interpretation is in effect at the time the legislature amends the laws without making substantial change in the statute, the legislature is deemed to have accepted the



## 39 TexReg 2756 ·Apri/11, 2014 Texas Register agency's interpretation." Central Power & Light Co. 

### v. Sharp, 919 S.W.2d 485, 489 (Tex. App. Austin 1995), writ denied with per curiam opinion respecting another issue, 960 S.W.2d 617 (Tex. 1997); Bullock

### v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. App. Austin 1990, no writ). Cf. Humble Oil & Refining Co. v. Calvert, 414 S.W.2d 172 (Tex. 1967); Dudney v. State Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000); Southwestern Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. Austin 2000, pet. denied); and Coastallndust. Water Auth. v. Trinity Portland Cement Div., 563 S.W.2d 916 (Tex. 1978). The commission's interpretation of the regulatory impact analysis requirements is also supported by a change made to the Texas Administrative Procedure Act (APA) by the legislature in 1999. In an attempt to limit the number of rule challenges based upon APA requirements, the legislature clarified that state agencies are required to meet these sections ofthe APA against the standard of "substantial compliance." The legislature specifically identified Texas Government Code, §2001.0225, as falling under this standard. The commission has substantially complied with the requirements ofTexas Government Code, §2001.0225. The specific intent of these rules is to remove the existing prohibition on the increased use of MTBE in gasoline, which has effectively been ended by the Energy Policy Act of 2005, and address other administrative requirements for consistency. Requiring gasoline producers to register, document, and report use of MTBE is therefore simply no longer necessary. As discussed elsewhere in this preamble, the amendments to §§114.301, 114.306, 114.307, and 114.309, and the repeal of §114.304, amount to an administrative clean-up to remove outdated and no longer necessary rules and requirements. Additionally, even if the proposed rulemaking was a major environmental rule, the proposed rulemaking does not exceed a standard set by federal law or exceed an express requirement of state law. No contract or delegation agreement covers the topic that is the subject of this proposed rulemaking. Therefore, this proposed rulemaking is not subject to the regulatory analysis provisions of Texas Government Code, §2001.0225(b) because the proposed rulemaking does not meet the definition of a "major environmental rule," nor does it meet any of the four applicability criteria for a major environmental rule. The commission invites public comment regarding the draft regulatory impact analysis determination during the public comment period. Written comments on the draft regulatory impact analysis determination may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble. Takings Impact Assessment The commission evaluated the proposed rulemaking and performed an assessment of whether Texas Government Code, Chapter 2007 is applicable. The specific purpose of the proposed rulemaking is to remove outdated and obsolete portions of the low RVP fuel standards. The proposed rules would substantially advance this stated purpose by: removing the prohibition on the increased use of MTBE in gasoline to conform to the low RVP gasoline requirements; removing the registration requirements for gasoline producers and importers that supply low RVP gasoline to the affected counties; removing the annual reporting and certification requirements on the use of MTBE in low RVP gasoline; and by making other non-substantive clarifying changes as needed for accuracy and consistency.Texas Government Code, §2007.003(b)(4), provides that Texas Government Code, Chapter 2007 does not apply to this proposed rulemaking because it is an action reasonably taken to fulfill an obligation mandated by federal law. With the passage of the Energy Policy Act in 2005, the federal regulations requiring the use ofoxygenates, such as MTBE, in RFG were repealed and a new federal renewable fuel standard requiring the use of ethanol in gasoline was enacted. As a result, gasoline producers began to blend ethanol into gasoline to meetthe new federal renewable fuel standard, and MTBE was effectively removed from general use as a gasoline additive by the gasoline refining industry. The proposed rules constitute an "action reasonably taken" to provide administrative conformity with the Energy Policy Act's repeal of the requirements for the use of oxygenates in fuel, as the proposed rules will simply do away with reporting and registration requirements that are no longer necessary due the passage of the Energy Policy Act in 2005. Consequently, the proposed rulemaking meets the exemption criteria in Texas Government Code, §2007.003(b)(4). Nevertheless, the commission further evaluated these proposed rules and performed an assessment of whether these proposed rules constitute a "taking" under Texas Government Code, Chapter 2007. Promulgation and enforcement of these proposed rules would be neither a statutory nor a constitutional taking of private real property. Specifically, the subject proposed regulations do not affect a landowner's rights in private real property because this rulemaking does not burden (constitutionally), nor restrict or limit, the owner's right to property and reduce its value by 25% or more beyond that which would otherwise exist in the absence of the regulations. These proposed rules would simply remove obsolete requirements that provide no benefit to the state and are no longer necessary for the implementation and enforcement of the primary gasoline volatility control requirements of the rule. In addition, because the subject proposed regulations do not provide more stringent requirements they do not burden, restrict, or limit an owner's right to property and reduce its value by 25% or more beyond that which would otherwise exist in the absence of the regulations. Therefore, these rules will not constitute a taking underthe Texas Government Code, Chapter 2007. Forthese reasons, Texas Government Code, Chapter 2007 does not apply to this proposed rulemaking. Consistency with the Coastal Management Program The commission reviewed the proposed rulemaking and found the proposal is a rulemaking identified in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(2) or (4), relating to rules subject to the Coastal Management Program, and will, therefore, require that goals and policies of the Texas Coastal Management Program (CMP) be considered during the rulemaking process. 31 TAC §505.11(b)(2) applies only to air pollutant emissions, on-site sewage disposal systems, and underground storage tanks. 31 TAC §505.11(b)(4) applies to all other actions. The commission reviewed this rulemaking for consistency with the CMP goals and policies in accordance with the regulations of the Coastal Coordination Council Advisory Committee and determined that the revisions are consistentwith CMP goals and policies because the proposed rulemaking is to remove outdated and obsolete portions ofthe low RVP fuel standards; will not have direct or significant adverse effect on any coastal natural resource areas; will not have a substantive effect on commission actions subject to the CMP; and promulgation and enforcement of the revisions will not violate (exceed) any standards identified in the applicable CMP goals and policies. Written comments on the consistency ofthis rulemaking may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble. Effect on Sites Subject to the Federal Operating Permits Program Chapter 114 does not contain applicable requirements under 30 TAC Chapter 122, Federal Operating Permits; therefore, owners or operators subject to the Federal Operating Permit Program will not be required to revise their operating permits, consistent with the revision process in Chapter 122, to include the revised Chapter 114 requirements for each emission unit at their sites affected by the revisions to Chapter 114. Announcement of Hearing The commission will hold a public hearing on this proposal. in Austin on May 8, 2014, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing. Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services, at (512) 239-1802. Requests should be made as far in advance as possible. Submittal of Comments Written comments may be submitted to Bruce McAnally, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Electronic comments may be submitted at: http:l/www5.tceq.texas.gov!ru/es/ecomments! File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2014-002-114-AI. The comment period closes May 12, 2014. Copies of the proposed rulemaking can be obtained from the commission's Web site at http:llwww.tceq.texas.gov/navlruleslpropose_adopt.html. For further information, please contact Morris Brown, Air Quality Division, at (512) 239-1438. 

## SUBCHAPTER H. LOW EMISSION FUELS DIVISION I. GASOLINE VOLATILITY 30 TAC §§114.301, 114.306, 114.307, 114.309 Statutory Authority The amendments are proposed under Texas Water Code (TWC), §5.1 03, concerning Rules; TWC, §5.1 05, concerning General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the TWC; and TWC, §28.011, concerning Underground Water: Regulation, which provides the commission with the authority to adopt and enforce rules to protect and preserve underground water quality. The amendments are also proposed under Texas Health and Safety Code (THSC), §382.002, concerning Policy and Purpose, which establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property;



## PROPOSED RULES Aprilll, 2014 39 TexReg 2757THSC, §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality of the state's air; THSC, §382.012, concerning State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air; THSC, §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act; and THSC, §382.202, concerning Vehicle Emissions Inspection and Maintenance Program, which authorizes the commission to establish vehicle fuel content standards after January 1, 2004. The amendments implement THSC, §§382.002, 382.011, 382.012, 382.017, and 382.202. §114.301. Control Requirements for Reid Vapor Pressure. (a) In the counties listed in §114.309 ofthis title (relating to Affected Counties), no person shall sell, offer for sale, supply, offer for supply, dispense, transfer, allow the transfer, place, store, or hold in any stationary tank, reservoir, or other container any gasoline with a Reid vapor pressure greater than 7.8 pounds per square inch, on a per gallon basis, which may ultimately be used to power a gasoline engine in the affected counties according to the schedule in subsection (b) of this section. (b) Beginning May 1, 2000, all adjustments inthe operation of affected facilities and all transfers or alterations ofgasoline not meeting the requirements ofthis section must be completed as necessary to conform withthe provisions ofsubsection (a) ofthis section during the following periods ofeach calendar year: (1) June 1through October 1 ofeach year for gasoline dispensing facilities; and (2) May 1 through October 1 ofeach year for all other affected facilities. ffe) 

### Neproffil€ef

### shal-l the ffierease the**t~Se** efmethyl tertiary lmtyl etherffi gawlffieenaaaveragepergalienbasts4:lriHgthe

### periOO efMay+ thretigh**~** + efaay

### ealerulafyear 

### ever that 'ltSed ffi the 

### periOO May.}. thretigh**~** .J:.; 

### .J:9.9S ffi oonferm with SHBSeetien 

### fat efthis seetiefr.} §114.306. Recordkeeping[, Reporting, and Certifieatiea] Requirements. (a) The owner or operator of any gasoline storage vessel, gasoline terminal, or gasoline bulk plant subject to the provisions of §114.301 ofthis title (relating to Control Requirements for Reid Vapor Pressure) shall maintain records of the Reid vapor pressure of all gasoline stored or transferred during the compliance period. All records shall be maintained for two years and be made available for review by the executive director, United States Environmental Protection Agency (EPA}, and local air pollution control agencies. Records do not have to be stored on-site, but must be made available for inspection at the site within five business days. (b) All parties in the distribution chain (producers, importers, terminals, pipelines, truckers, rail carriers, and retail fuel dispensing outlets) subjectto the provisions of§ 114.301 ofthis title mustmaintain copies orrecords ofproduct transfer documents for a minimum oftwo years and shall upon request, make such copies orrecords available to representatives ofthe commission, EPA, or local air pollution agency havingjurisdiction in the area. The product transfer documents must contain, at a minimum, the following information: (1) the date oftransfer; (2) the name and address ofthe transferor; (3) the name and address ofthe transferee;



## 39 TexReg 2758 Aprilll, 2014 Texas Register f€41 ffi the ease eftransfurers er transfurees wlli} are pretiooers er imperters, the registratien ffilll:lber efthese persens as assigned bythe eemmissien Hnt!er §114 .3()4 efthistitle (rela#Rg ro Regi:stratien: efGaseline Predueers aad Imperters);] 

## ffi**[~]** the volume ofgasoline being transferred; 

## ill [{6f] the location ofthe gasoline at the time oftransfer; and 

## ill [f71] the following certification statement: "This product complies withthe requirements for Reidvaporpressure specified in Title 30 Texas Administrative Code, §114.301 and may be used in any Texas county requiring gasoline with a maximum RVP of7.8 pounds per square inch." ffe) EaOO proffil€ef aad imperter subjeet ro the previsiens ef §114 .3Q1 efthistitle 

### shal-l submitro the executive dtrecter, erhls designated representative, by Nevember 

### W efeaeh year, a repert whieh ffic1udes a quantificatien efthe rota! gal-lens efgawlffie aad the rota! gal-lens efM+BE centained ffi gawlffie fer whieh the transfer tlooumentsoontain the statementffi subsectientb)f71 efthis seetien4:lriHg theperiOOs May+thretigh**~**+ ef

### .J:9.9SaadMay+thretighG€t&- ber

## + efthe eurrentcalendar year. .:rhe certifying repert

### shal-l attest that all informatien centainedffitherepert istrueaad aceurateaadisbaseti
en knewledge efthe certifying**~** .:rhe repert must alse Hwlude eftfler.j lfl-) a certificatien statementthatthetiSeefM+B-Effigaselinefer whieh thetransfer decuments oontainthe statement ffi subsee

### tien tb)f71 efthis seetien 4:lriHg the 

### periOO May + thretigh**~** + efthe eurrent

### ealerulafyear 

### has net increasedenaaaverage per ga1loo: 

### basts 

### everthat ffi the 

### peHe4 May+thretigh**~** 

### +;**~** er]**~ntheaveragepergalient~SeefM+B-E4:1ringthe~** riedMay .}. thretigh**~** 1efthe eurrentcalendar year 

### exreeds the averagepergalien tiSeefM+B-E duringthe

### peHe4 May+thretigh G€- rober 

### +; -1-998, decumentatien aad el(planatien efthe basts fer the 

### tnereased tiSe ffi a maaner sufficient ro demenstrate that the proffil€efer imperter did net increase the tiSe efM+BE 4:lriHg the 

### peHe4 oovered bythe certificatien ro oonferm with §114.3Ql(a) efthistitle,} §114.307. Exemptions. (a) The following uses are exempt from §§114.301, 114.305, and 114.306 ofthis title (relating to Control Requirements for Reid VaporPressure; ApprovedTestMethods; andRecordkeeping[,Reperting, aad Certificatien] Requirements): (1) any stationary tank, reservoir, or other container: (A) used exclusively for the fueling ofimplements of agriculture; or (B) with a nominal capacityofSOO gallons (1,893liters) or less; and (2) all gasoline solely intended for use as aviation gasoline ("av-gas"). (b) Any gasoline that is either in a research, development, or test status; or is sold to petroleum, automobile, engine, or component manufacturersforresearch, development, ortestpurposes; or any gasoline to be used by, orunder the control ofpetroleum, additive, automobile, engine, component manufacturers for research, development, or test purposes; or any independent research laboratories or academic institutions for use in research, development, or testing ofpetroleum, additive, automobile, engine, component products, is exempt from the provisions ofthis division (relating to Gasoline Volatility), provided that:(1) the gasoline is kept segregated from non-exempt product, and the person possessing the product maintains documentation identifYing the product as research, development, ortesting fuel, as applicable, and stating that it is to be used only for research, development, or testing purposes; and (2) the gasoline is not sold, dispensed, or transferred, or offered for sale, dispensing, or transfer from a retail fuel dispensing facility. It shall also not be sold, dispensed, or transferred, or offered for sale, dispensing, or transfer from a wholesale purchaser-consumer facility, unless such facility is associated with fuel, automotive, orengine research, development, or testing. (c) Any gasoline that is refined, sold, dispensed, transferred, or offered for sale, dispensing, or transfer as competition racing fuel is exempted from the provisions ofthis division, provided that: (1) the fuel is kept segregated from non-exempt fuel, and the party possessing the fuel for the purposes ofrefining, selling, dispensing, transferring, or offering for sale, dispensing, or transfer as competition racing fuel maintains documentation identifYing the product as racing fuel, restricted for non-highway use in competition racing motor vehicles or engines; (2) each pump stand at a regulated facility, from which the fuel is dispensed, is labeled with the applicable fuel identification and use restrictions described in paragraph (1) ofthis subsection; and (3) the fuel is not sold, dispensed, transferred, or offered for sale, dispensing, ortransfer for highway use in a motor vehicle. (d) The owner or operator of a retail fuel dispensing outlet is exempt from all requirements of §114.306 of this title, except §114.306(b) ofthis title. (e) Gasoline that does not meet the requirements of§114.301 of this title is not prohibited from being transferred, placed, stored, and/or held within the affected counties so long as it is not ultimately used to power: (1) a gasoline-powered spark-ignition engine in a motor vehicle in the counties listed in §114.309 ofthis title (relating to Affected Counties), except for that used in conjunction with purposes stated in subsections (a)- (c) ofthis section; or (2) a gasoline-powered spark-ignition engine in non-road equipment in the counties listed in §114.309 ofthis title, except for that used in conjunction with purposes stated in subsections (a)- (c) of this section. §114.309. Affected Counties. All affected persons in the following counties shall be in compliance with [§]§114.301 and §§114.305 

### [l-l4d04]- 114.307 ofthis title (relating to Control Requirements for Reid Vapor Pressure; [Registration 

### ef Gasoline ProaHeers and Importers;] Approved Test Methods; Recordkeeping[, Reporting, and Certifieation] Requirements; and Exemptions) no later than the dates specified in §114.301(b) of this title: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Coma!, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, 

### [&an AHgHstine,] Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, VanZandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood. 

### The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt. Filed with the Office ofthe Secretary of State on March 28, 2014. TRD-201401371 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: May 11, 2014 For further information, please call: (512) 239-2141 

# • • 30 TAC §114.304 (Editor's note: The text ofthefol owing sectionproposed for repeal willnotbepublished. Jhe section aybe examinedin the offices of the Texas Commission on Environme a! Quality or in the Texas Register office, James EarlRudderBui/din 1019Brazos Street, Austin, Texas.) 

### Statutory Authority The repeal is proposed under 

### li xas Water Code (TWC), §5.1 03, concerning Rules; TWC, §5.1 5, concerning General Policy, which authorize the commissi n to adopt rules necessary to carry out its powers and duti s under the TWC; and TWC, §28.011, concerning Undergr und Water: Regulation, which provides the commission with t e authority to adopt and enforce rules to protect and preserve nderground water quality. The repeal is also proposed under Texas Health and Safety Code (THSC), §382.002, concernin Policy and Purpose, which establishes the commission's urpose to safeguard the state's air resources, consistent with he protection of public health, general welfare, and physic I property; THSC, §382.011, concerning General Powers a d Duties, which authorizes the commission to control the qu lity of the state's air; THSC, §382.012, concerning State Ai Control Plan, which authorizes the commission to prepare a d develop a general, comprehensive plan for the control of he state's air; THSC, §382.017, concerning Rules, which auth rizes the commission to adopt rules consistent with the policy nd purposes ofthe Texas Clean Air Act; and THSC, §382.202 concerning Vehicle Emissions Inspection and Maintenance rogram, which authorizes the commission to establish vehi e fuel content standards after January 1, 2004. The proposed repeal impleme ts THSC, §§382.002, 382.011, 382.012, 382.017, and 382.20

. §114.304. Registration ofGaso/i e Producers andImporters. 

### The agency certifies that legal counsel has reviewed the proposal and found it to be within t e state agency's legal authority to adopt. Filed with the Office ofthe Seer tary of State on March 28, 2014. TRD-201401372 Robert Martinez Director, Environmental Law Divisi n Texas Commission on Environmen al Quality Earliest possible date of adoption: ay 11, 2014 For further information, please call: (512) 239-2141 

# • 

# •

PROPOSED RULES Aprilll, 2014 39 TexReg 2759

# TESTIMONY

### Reference Number


### W-1
W-2 INDEX OF WRITTENTESTIMONY

Submittedby
Chris Newton, Texas Food & Fuel Assocation
Mari Ruckel, Texas Oil and Gas Association

# Frorn:TPCA

# ·[-·----------------------~~· i 

## I 

# I 512 477 4239 05/09/2014 17:22 #823 

## p. 001/004



# () W-1 j

May9,2014
Mr. Bruce McAnally 

### MC205 Office of Legal Services 

### Texas Commission on Environmental Quality 

### P.O. Box 13087 Austin, 

### Texas 78711-3087

Dear Mr. MeAnally: 

## Re: Proposed Amendments 

## to §114.301, 114.306, 114.307, 114.309



## The Texas Food 

### &

## Fuel Association 

## Is astatewide trade association representing 

## the wholesale 

## and retail segments 

### ofthe petroleum 

### and food Industries. 

### Our members 

## own. operate or supply 

### over 10,000 

## retail outlets with grocery, convenience and 

## petroleum products throughoutthe state ofTexas.
We appreciate the opportunity to comment

## on the proposed 

## changes to the 

## Chapter 114 rules on Low Ernlsslon Fuels, 

## Division 1. Gasoline 

## Volatility.
We strongly supportthe changes and 

## would urge 

## the TCEQ Commissioners to adopt

## the rule amendments as proposed In the

### Aprllll, 2014 edition ofthe 

### Texas Register.


### If

### you have any questions, please contact Scott B. Fisher, VIce President 

### of Polley& Public Affairs at 512· 

### 617-4308. Sincerely,

Chris Newton 

## President

-TEXAS FOOD & 

## FUELASSOCIATION401 West 15th Sttcct, Suite 510 •Austin, Tcltali 78701 • (512) 476-9547 • fax (512)

### 477~4239

## Kathe Boothby

From: 

### Sent: To: 

### Subject: Attachments:



## 05/12/2014 12:30 PM llucero@txoga.org Monday, May 12, 2014 12:31 PM llucero@txoga.org 2014-002-114-AI TXOGA Comment to TCEQ

- 05 12 2014.pdf



## This email is a confinnation ofthe commentthat was submitted forthe referenced rulemaking.
First Name: 

# Mari LastName:Fluckel 

# W-2

Company/Organization: Texas Oil and Gas Association E-mailAddress: llucero@txoga.org Street Address: 304 West 13th Street Gty: Austin State: 1X Zip Code: 78701 Phone Number: 512.478.6631 Fax Number: 512.494.1145
Flule: 2014-002-114-AI
Comments:
Attached please find comments providedbythe Texas Oil and Gas Association regarding the proposed rule for 2014-002-114-Al.
Thankyou forthe opportunityto comment onthis important issue.

1JonnyJones, Austm**C.n,J;~rr~t~n** Robert L. Looney. Austin

DebbraM. Hastings,Austin E)**>:'C:~t;";t> \/:;."'~**  .flr<::::::d.:-;·H

Wllliam L. Ennis,Austin

CoryA. Pomeroy, Austin

MariV. Ruckel,Austin

Jim Sierra,Austin

DistrictVice-Presidents

HaroldD. Courson,Amarillo

Lance R. Byrd, Dallas

DanAllenHughes,Jr., Beeville

AllanD. Frizzell,Abilene

Dav!d W. Killam, Laredo

CurtisW. Mewbourne, Tyler

AlanL. Smith, Houston

Douglass C. Robison, Midland

W. M. Thacker,fr, WichitaFalls**~:-ex:::** TEXAS OIL Be GAS ASSOCIATION I SINCE 1919



## May 12,2014
Mr. Bruce McAnnally MC 205, Office ofLegal Services Texas Commission onEnvironmental Quality Post Office Box 13087 Austin, Texas 78711-3087
Submitted at: http://www5.tceq.texas.gov/ruleslecomments/
RE: Commission Approvalfor Proposed Rulemaking Chapter 114, Control of Air Pollutionfrom Motor Vehicles Low Reid Vapor Pressure (RVP) Gasoline Program RuleRevisionsRule ProjectNo. 2014-002-114-AI


## Dear Mr. McAnnally:
TXOGA is a non-profit corporationrepresenting the interests ofthe oil and gas industry inthe State ofTexas. Founded in 1919, TXOGA is the largest and oldest petroleum organization in Texas, representing more than 5,000 members. The membership ofTXOGA produces in excess of90 percent of Texas's crude oil and natural gas, operates nearly 100 percent ofthe state's refining capacity, and is responsible for the vast majority of the state's pipelines. In 

## 2012, the oil and gas industry employed 369,000 Texans, providing wages and salaries ofover $44 billion in Texas alone. In addition, large associated capital investments by the oil and gas industry generate significant secondary economic benefits for Texas.
TXOGA supports the proposed revisions to the Low Reid Vapor Pressure (RVP) Program Rules removing obsolete requirements that provide no benefit to the state and are unnecessary to regulation ofthe primary gasoline volatility control requirements of the rule. Further, our members appreciate the Commission's efforts in easing this regulatory burden on the industry. Thank you for the opportunity to comment. Should you have additional questions, please contact me at mruckel@txoga.org or (512) 478-6631. Sincerely,

# 1fL~1feuU Marl Ruckel Vice President Government and Regulatory Affairs

304West 13th Street "' Austin, TX 78701-1823 • Tel: 512-478-6631 " Fax: 512-472-3859 www.txoga.org

## INDEX OF ORAL TESTIMONY



## NO ORALTESTIMONYWAS RECEIVED PERTAININGTO THIS RULE REVISION.

### :-·--·--------------------------------------


## HEARINGOFFICERREPORT



## I am the hearing officer assigned to conduct the public hearing regarding Rule Project 2014-002-114-AI, Low RVP Gasoline Program Rule Revision. A public hearing on this proposal was held in Austin on May 8, 2014, at 10:00 a.m., in Building E, Room 2018, at the commission's central office located at 12100 Park 35 Circle. TCEQ staffanda courtreporterwere present for thepublic hearing. At 9:30a.m.:, theroom was opened andTCEQ staffwas available to the public for an informal question and answer period. At 10:10 a.m. it was determined that those who were present clid not want to make comments on the record. Therefore, the public hearing was not formally opened for comment and a transcriptwas notprepared.

Date signed**~** '

# EVALUATION

# Texas Commission on Environmental Quality Interoffice Memorandum
To: Commissioners 

## Date: August 22, 2014 

## Thru: Bridget C. Bohac, ChiefClerk RichardA. Hyde, P.E., Executive Director 

## From: Steve Hagle, P.E., Deputy Director, Office ofAir



## Docket No.: 

## 2013-1869-RUL 

## Subject: CommissionApproval for RulemakingAdoption Chapter 114, Control ofAir Pollutionfrom MotorVehicles Low RVP Gasoline Program Rule Revisions Rule Project No. 2014-002-114-AI 

## Backgroundandreason(s) for the rulemaking:
The current state regulations for the Regional Low Reid Vapor Pressure (RVP) Gasoline Program, as specified underthe Chapter 114 gasolinevolatility rules in §114.301, prohibit the sale ofall gasoline from gasoline-dispensingfacilities thathas a RVP greaterthan 7.8 poundsper square inch (psi) withinthe 95 central and easternTexas counties affectedby these regulations from June 1through October 1ofeachyear. This prohibition applies to all other affected entities inthe affected 95 counties from May 1through October 1ofeach year. These rules also prohibit the increased use ofmethyl-tertiary-butyl-ether (MTBE) in gasoline to complywith thelow RVP gasoline requirements during the period ofMay 1 through October 1eachyear over that usedinthe period May 1through October 1, 1998, on an average per gallonbasis.
Low RVP gasoline is refined to have a lower evaporation rate andlowervolatilitythan conventional gasoline. Low RVP gasoline reduces the evaporative emissions generated duringvehicle refueling andtherefore decreases the emissions ofvolatile organic compounds (VOC) and other ozone-forming emissions.
The Regional Low RVP Gasoline Program rules, as specified in §114.304, also require all gasoline producers andimporters that supply gasoline to the affected counties to register withthe Texas Commission on Environmental Quality (TCEQ). In addition, all registered gasoline producers andimporters are required, as specified in §114.306, to submit an annual report certifying thatthe use ofMTBE inthe gasoline suppliedto the affected counties, from May 1through October 1ofthe currentreporting year, has not increased on an average per gallonbasis from thatused duringthe period ofMay 1through October 1, 1998. Thefollowing 95 Texas counties, as specified in §114.309, are affectedbythe Regional Low RVP Gasoline Program regulations: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe,

## Commissioners Page2 August 22, 2014
Re: Docket No. 2013-1869-RUL

Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, SanJacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, VanZandt,Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, andWood Counties. The use ofMTBE as an oxygenate for compliance with federal reformulated gasoline regulations (RFG) and as a gasoline octane enhancing additive was commonwhen the Regional Low RVP Gasoline Program regulations in Chapter 114 were originally adopted in June 1999. Concerns over the potential MTBE contamination ofgroundwater and surface waterledthe commissionto adoptthe MTBE prohibition specified in §114.301(c) inApril 2000 to prevent gasoline producers from increasing the use ofMTBE in gasoline to conformtothelow RVP requirements. The gasoline producer andimporterregistration requirements in §114.304 andthe annual reporting requirements specifiedin §114.306(c) were also adopted inApril 2000to enhance the enforceability ofthe MTBE prohibition specified in §114.301(c). The United States Environmental ProtectionAgency (EPA) approved the Low RVP Gasoline Program rules in Chapter 114 as a state implementation plan (SIP) control strategyfor the one-hour ozone National Ambient Air Quality Standard (NAAQS) inthe Houston-Galveston-Brazoria and Dallas-FortWorth nonattainment areas onApril26, 2001 (66 FR 20927). Subsequently, with the passage ofthe Energy PolicyAct in 2005, the federal regulations requiring the use ofoxygenates, such as MTBE, in RFG were repealed and a new federal renewable fuel standardrequiring the use ofethanol in gasoline was enacted. As 

## a result, gasoline producersbegan toblend ethanol into gasoline to meet the newfederal renewable fuel standard and MTBE was effectively removedfrom general use as a gasoline additive by the gasoline refining industry, primarily due to growing concerns over the MTBE contamination ofgroundwater and surface water. Samples ofgasoline collected statewide in 2011 for a summerfuel field studyconductedbythe TCEQ showed onlytrace amounts of MTBE in some samples, i.e., less than 0.1% byvolume, while every gasoline sample collected contained ethanol ranging from 1.99% to 9-44% byvolume. The adopted amendments to the Regional Low RVP Gasoline Program rules will remove obsolete requirements thatprovide nobenefitto the state and are no longer necessaryfor the implementation.and enforcement ofthe primarygasoline volatility control requirements of the rule. In addition, the adoptionwill provide regulatory consistencybetween the Chapter 114 gasoline volatility requirements andthe El Paso Low RVP Gasoline requirements specified inthe 30Texas Administrative Code (TAC) Chapter 115 regulations in §§115.252, 115.253, 115.255

- 115.257, and 115.259, which do notprohibitthe use ofMTBE and do not require registration and annual reporting.

## Commissioners Page3 August 22, 2014
Re: Docket No. 2013-1869-RUL


## Scope ofthe rulemaking:
The adopted rule revision will amend Chapter 114 as follows: • amend §114.301 to remove the prohibition onthe increaseduse ofMTBE in gasoline to conform to thelow RVP gasoline requirements; • repeal §114.304 to remove the registration requirements for gasoline producers and importersthat supplylow RVP gasoline to the affected 95 counties; • amend §114.306 to remove the annual reporting and certification requirements on the use ofMTBE inthe low RVP gasoline and to make clarifying changes to the section heading as neededfor accuracy and consistencywiththe adopted changes to the section; and • amend §114.307 and §114.309 to make non-substantive clarifying changes as needed for accuracy and consistencywiththe adopted changes to §114.306. A.) 

## Summaryofwhattherulemakingwill do:
The adoptedrulemakingwill remove theprohibition onthe increaseduse ofMTBE in gasoline to conformtothelow RVP gasoline requirements; remove the registration requirements for gasoline producers andimporters that supplylow RVP gasoline to the affected counties; remove the annual reporting and certification requirements onthe use of MTBE inlow RVP gasoline; and make other non-substantive clarifying changes as needed for accuracy and consistency. 

## B.) Scope required

# byfederal regulations or state statutes:
None. C.) 

## Additional staffrecommendationsthat arenot required

# byfederal rule or state statute:
None. 

## Statutoryauthority:
The amendments andrepeal are adoptedunderTexas Water Code (TWC), §5.103, concerning Rules; TWC, §5.105, concerning General Policy, which authorize the commission to adopt rules necessaryto carry outits powers and duties under the TWC; andTWC, §28.011, concerning UndergroundWater: Regulations, which provides the commission withthe authorityto adopt and enforce rules toprotect andpreserve undergroundwater quality. The amendments andrepeal are also adopted underTexas Health and Safety Code (THSC), §382.002, concerning Policy and Purpose, which establishes the commission's purpose to safeguardthe state's air resources, consistentwith the protection ofpublic health, general welfare, and physical property; THSC, §382.011, concerning General Powers and Duties, which authorizes the commissionto control the

## Commissioners Page4 August 22, 2014
Re: Docket No. 2013-1869-RUL
quality ofthe state's air; THSC, §382.012, concerning StateAir Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the control ofthe state's air; THSC, §382.017, concerning Rules, which authorizes the commissionto adopt rules consistentwiththe policy andpurposes oftheTexas CleanAir Act; andTHSC, §382.202, concerningVehicle Emissions Inspection and Maintenance Program, which authorizes the commissionto establishvehicle fuel content standards after January 1, 2004. The amendments implement THSC, §§382.002, 382.011, 382.012, 382.017, and 382.202. 

## Effectonthe: A.) 

## Regulated community:
The adoptionwill have a beneficial effect onthe regulated gasoline producers and importers since itwill remove obsolete administrative requirements, such as annual reporting to certify no increase inthe use ofMTBE in gasoline, which has notbeen an issue since 2005. 

## B.) Public:
The adoption will have no effect onthe public since the primarycontrols specified in the rules that require the sale oflow RVP gasoline during the ozone seasonwill remain unchanged. C.) 

## Agencyprograms: The adoption will have a beneficial effect oncurrent agency programsby allowing staff resources allocated to administer the registration and annual MTBE reporting provisions ofthe Regional Low RVP Gasoline Programtobe assigned to different tasks. 

## Stakeholdermeetings:
None. 

## Publiccomment: The commission offered a publichearing on May 8, 2014, inAustin, Texas. The hearing was not officially openedbecause no one registered to provide oral comments. The commentperiod closed on May 12, 2014. The commission received written comments from the Texas Food and FuelAssociation (TFF A) andthe Texas Oil and Gas Association (TXOGA). Both commenters were in support ofthe rule changes.

## Commissioners Pages August 22, 2014
Re: Docket No. 2013-1869-RUL


## Significant changesfrom proposal:
None. 

## Potential controversial concerns andlegislativeinterest: Although the adopted revisions primarily address administrative requirements, the EPA mayrequire further documentationto demonstrate compliance with the anti-backsliding provisions ofSection 110(1) ofthe Federal Clean Air Act. In addition, the adopted removal oftheprohibition on theincreaseduse ofMTBE to meetlow RVP gasoline requirements may generate concern from thepublicthatthis removal could cause an increase inthe use ofMTBE in all gasoline as a result, especially iftherewas anychange to the currentfederal ethanol mandates. However, gasoline producers are already allowed to addMTBE to gasoline for other reasons, such as octane enhancement, underthe current regulations. An 

## increased use ofMTBE is unlikely due to concernsbygasoline producers withtheirlack of liabilityprotection under federal lawfor potential MTBE contamination ofgroundwater and surface water. 

## Does this rulemakingaffect anycurrentpolicies orrequire developmentof newpolicies? This adopted rulemaking will have no significant effect on anycurrentpolicy nor will it require any new policies tobe developed. 

## What arethe consequences ifthisrulemaking does notgoforward? Arethere alternativesto rulemaking?

1. 

## Refrain from rulemaking and maintainthe status quo ofrequiring the submission ofannual MTBE reports andthe registration ofnew gasoline producers and importers.
2. Exercise enforcement discretion for annual MTBE reporting andfor any new registration. 

## Keypoints inthe adoptionrulemakingschedule: TexasRegister

## proposalpublication date: Apriln, 2014 

## AnticipatedTexas Registeradoptionpublicationdate: September 26, 2014 

## Anticipatedeffective date: October 2, 2014 

## Six-month TexasRegister

## filing deadline: October 13, 2014

## Commissioners Page6 August 22, 2014
Re: Docket No. 2013-1869-RUL


## Agencycontacts: Morris Brown, Rule Project Manager, (512) 239-1438, Air Quality Division Terry Salem, StaffAttorney, (512) 239-0469 Bruce McAnally, Texas Register Coordinator, (512) 239-2141 

## Attachments:
None.

cc: ChiefClerk, 2 copies Executive Director's Office Marshall Coover Tucker Royall Pattie Burnet Office ofGeneral Counsel Morris Brown Bruce McAnally

## EVALUATION OFTESTIMONY



## The Texas Commission onEnvironmental Quality (TCEQ, agency, or commission) adopts the amendments to §§114.301, 114.306, 114.307, and 114.309 andthe repeal of §114.304 

# withoutchangestothe proposedtext as published intheApril11, 2014, issue ofthe 

# Texas Register (39 TexReg 2753).

The repeal of §114.304, and amended §114.307 and §114.309, will be submittedtothe United States Environmental ProtectionAgency (EPA) as revisions tothe state implementationplan (SIP).


# BackgroundandSummaryofthe FactualBasisfor theAdopted Rules
The current state regulations for the Regional Low Reid Vapor Pressure (RVP) Gasoline Program, as specified underthe Chapter 114 gasoline volatility rules in §114.301, prohibitthe sale ofall gasoline from gasoline-dispensing facilities thathas a RVP greater than 7.8 pounds per square inch (psi) within the 95 central andeasternTexas counties affectedbythese regulations from June 1through October 1ofeach year. This prohibition applies to all other affected entities inthe affected 95 counties from May 1 through October 1ofeachyear. Low RVP gasoline is refined tohave a lower evaporation

rate andlowervolatilitythan conventional gasoline. Low RVP gasoline reduces the evaporative emissions generated during vehicle refueling andtherefore decreases the
emissions ofvolatile organic compounds (VOC) and other ozone-forming emissions. Reducing emissions ofVOC benefits the regional 95-county area andthe rest ofthe state and assists inthe attainment andmaintenance ofthe NationalAmbientAir Quality
Standard (NAAQS) for ozone. These rules also prohibitthe increaseduse ofmethyl1

## tertiary-butyl-ether (MTBE) in gasoline to complywith thelow RVP gasoline requirements duringtheperiod ofMay 1

## through October 1 

## eachyear overthatusedin the periodofMay 1

## through October 1, 1998, 

## on an average pergallonbasis.

The Regional Low RVP Gasoline Program rules, as specified in §114.304, 

## also require all gasoline producers andimportersthat supplygasoline tothe affected counties to register with theTCEQ. In addition, all registered gasoline producers andimporters are required, as specifiedin §114.306, 

## to submit an annual report certifying thattheuse of
MTBE inthe gasoline suppliedtothe affected counties, from May 1,

## through October 1, 

## ofthe currentreportingyear, has notincreased on an average pergallonbasis from that
used during the period ofMay 1, 

## through October 1, 1998.



## The following 95

## Texas counties, as specified in §114.309, 

## are affectedbythe Regional
Low RVP Gasoline Program regulations: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, SanAugustine, San Jacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, VanZandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, andWood Counties.

2

## The use ofMTBE as an oxygenate for compliance with federal reformulated gasoline (RFG) regulations and as a gasoline octane-enhancing additive was common whenthe Regional Low RVP Gasoline Program regulations in Chapter 114 were originally adopted
inJune 1999. Concerns over thepotential MTBE contamination ofgroundwater and surface waterledthe commission to adoptthe MTBE prohibition specified in §114.301(c) inApril2ooo to prevent gasoline producersfrom increasingtheuse of
MTBE ingasoline to conform tothelow RVP requirements. The gasoline producer and importerregistration requirements in §114.304 andthe annual reporting requirements specifiedin §114.306(c) were also adoptedinApril2ooo to enhancethe enforceabilityof the MTBE prohibition specifiedin §114.301(c). The EPA approvedthe Low RVP Gasoline Program rules in Chapter 114 as a SIP control strategyfor the one-hour ozone NAAQS inthe Houston-Galveston-Brazoria and Dallas-FortWorthnonattainment areas intheApril26, 2001, issue ofthe

## FederalRegister (66 FR 20927).
Subsequently, withthe passage ofthe Energy PolicyAct in 2005, the federal regulations requiring theuse ofoxygenates, such as MTBE, in RFG were repealed and a newfederal renewable fuel standardrequiring theuse ofethanol in gasoline was enacted. As 

## a result, gasoline producersbegan toblend ethanol into gasoline to meetthe newfederal renewable fuel standard, and MTBE was effectively removedfrom general use as a gasoline additivebythe gasoline refining industry, primarilydue to growing concerns

overthe MTBE contamination ofgroundwater and surface water. Samples ofgasoline
collected statewide in 2011 for a summerfuel field studyconductedbytheTCEQ showed onlytrace amounts ofMTBE in some samples, i.e., less than 0.1% byvolume, while
every gasoline sample collected containedethanol ranging from 1.99% to 9-44% by



# 3

## volume.

The adopted amendmentstothe Regional Low RVP Gasoline Program rules will remove obsolete requirements thatprovide no benefittothe state and are no longer necessary for the implementation and enforcement ofthe primarygasoline volatility control requirements ofthe rule. In addition, the adoption will provide regulatoryconsistency
betweenthe Chapter 114 

## gasoline volatility requirements andthe El Paso Low RVP Gasoline requirements, specified inthe 30 

## TAC Chapter 115 

## regulations in §§115.252, 115.253, 115.255

- 115.257, 

## and 115.259, 

## which do notprohibitthe use ofMTBE and do

notrequire registration and annual reporting.



# Section 110(1)

# Anti-backsliding Demonstration
The adopted amendmentstothe Regional Low RVP Gasoline Program rules are also adopted as revisions tothe Texas SIP. The EPA approvedthe Regional Low RVP Gasoline Program rules effective May 29, 2001, 

## but specifically didnot address the

.MTBE prohibition requirement ofthe Regional Low RVP Gasoline Program rules since the commission did not submitthatrequirement as a SIP revision. The EPA generally approvedthe registration and recordkeeping andcertification requirements. Federal Clean Air Act (FCAA), §110(1) 

## requires thatthe EPA not approve revisions tothe SIP, if
the revision will interferewith any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement ofthe FCAA. The commission has reviewed the adopted amendmentstothe Regional Low RVP Gasoline Program rules and determinedthatthe amendments will notinterfere with attainment

ormaintenance ofthe one-hour ozone NAAQS, since the federal regulations requiring
the use ofoxygenates, such as MTBE, in RFG were repealed in 2005. 

## Additionally,


## 4

## MTBE has effectivelybeen replacedwith ethanol as a gasoline additive bythe gasoline refining industry due to concerns with water contamination andfor compliance with federal renewable fuel requirements. The repeal ofthe registrationrequirements, which

were originally adoptedto enhance enforcementregarding the MTBE prohibition, is not expectedtoimpactthe purpose ofthe Regional Low RVP Gasoline Program since those rules remainintact. Similarly, the adopted amendmentsto §§114.306, 114.307, and 114.309 involve minor administrative clarifications necessaryfor consistency. The Regional Low RVP Gasoline Program rules remain in place as an effective means to provide continuedemissions reductions ofVOC to assist in attainment andmaintenance
ofthe one-hour ozone NAAQS primarilywithin the 95-countyregion where the rules applybutalso having potential additionalbenefits throughout the state.



# Section

# bySection Discussion §114.301, 

## ControlRequirements forReid Vapor Pressure The adoption will amend §114.301 to delete subsection (c) to remove the prohibition on theincreaseduse ofMTBE ingasoline to conform tothelow RVP gasoline requirements specifiedin subsection (a). The prohibition on increaseduse ofMTBE is no longer
necessary since thefederal regulations requiring theuse ofoxygenates, such as MTBE,
in RFG was repealed in 2005. Also, MTBE has effectivelybeen replaced with ethanol as

a gasoline additive bythe gasoline refining industry, dueto concerns with water contamination andfor compliance with federal renewable fuel requirements. In addition, the adopted amendmentwill provide regulatory consistency with the El Paso
Low RVP Gasoline requirements, specified in the Chapter 115 regulations in §§115.252, 115.253, 115.255

- 115.257, and 115.259, which do not contain a prohibition onthe increaseduse ofMTBE to complywith the rules.
5

# §114.304, Registration of Gasoline Producers andImporters
The adoptionwill repeal §114.304 to remove the requirementfor gasoline producers and importersthat supplygasolinetothe affected countiesto register withtheTCEQ for consistencywiththe adoptedchanges to §114.301, since these requirements were adoptedbythe commission inApril 2000to enhancethe enforceability ofthe MTBE prohibition specified in §114.301(c). Repealing the registration requirements specified in this section will relieve gasolineproducers andimporters affected bythese regulations from an administrative requirementthatis nolonger necessaryfor the implementation ofthelow RVP gasoline rules. Repealing this sectionwill also provide regulatory consistencywith the El Paso Low RVP Gasoline requirements, specified in Chapter 115 regulations in §§115.252, 115.253, 115.255

- 115.257, and 115.259, which do notcontain registration requirements.



# §114.306, Recordkeeping, Reporting, and Certification Requirements The adoption will amend §114.306 to delete subsection (c) to remove the reporting and
certificationrequirements regarding the annual report ontheuse ofMTBE inthe gasoline, as neededfor consistencywiththe adopted changes to §114.301. Removing the reporting and certification requirements specifiedinthis subsection will relieve gasoline producers affectedbythese regulations from an administrative requirementthatis no longer necessaryfor the implementation ofthe Chapter 114lowRVP gasoline rules. In addition, removing this subsection will provide regulatory consistency withthe El Paso
Low RVP Gasoline requirements, specified inthe Chapter 115 regulations in §§115.252, 115.253, 115.255

- 115.257, and 115.259, which do not contain reporting requirements. The adoption will also amend §114.306 to make clarifying changes tothe section

6

## heading as neededfor accuracy andconsistencywith the adopted changes tothe section.

§114.307, Exemptions 

## The adoption will amend §114.307to make non-substantive clarifying changes as neededfor accuracy and consistencywiththe adopted changes to §114.306.

§114.309,Affected Counties 

## The adoption will amend §114.309 to make non-substantive clarifying changes as neededfor accuracy andconsistencywiththe adopted changes to §114.306.



## Final RegulatoryImpact Determination
The commission reviewedthe adoptedrulemaking inlight ofthe regulatoryimpact analysis requirements ofTexas Government Code, §2001.0225, and determinedthatthe adoptedrulemaking does not meetthe definition ofa "major environmental rule" as defined inthat statute. A "major environmental rule" means a rule, the specific intent of which is to protectthe environment or reduce risks to humanhealth from environmental exposure, andthatmay adversely affect in a material way the economy, a
sector ofthe economy, productivity, competition,jobs, the environment, orthe public health and safety ofthe state or a sector ofthe state. Additionally, the adopted rulemaking does not meet any ofthe four applicability criteria for requiring a regulatory impact analysis for a major environmental rule, which arelisted in Texas Government Code, §2001.0225(a). Texas Government Code, §2001.0225, applies onlyto a major
environmental rule, the result ofwhich is to: 1) 

## exceed a standard setbyfederal law, unless the rule is specifically requiredby state law; 2) exceed an express requirement of

statelaw, unless the rule is specifically requiredbyfederal law; 3) exceed a requirement

7

## ofa delegation agreement orcontractbetweenthe state and an agency orrepresentative ofthefederal governmentto implement a state andfederal program; or4) adopt a rule solelyunderthe general powers ofthe agency insteadofunder a specific statelaw.

The adopted rulemakingwill amend §§114.301, 114.306, 114.307, 

## and 114.309; 

## andwill repeal §114.304. 

## The revisions to Chapter 114 

## will remove the existing prohibition onthe increaseduse ofMTBE in gasoline andthe registration andreporting requirements that havebecome effectively obsolete duetothe passing ofthe Energy PolicyAct in 2005, 

## which effectuated a phase-out oftheuse ofMTBE as a oxygenate for low RVP fuel. Requiring gasoline producersto register, document, andreportuse ofMTBEis no longer necessary. Whilethe adoptedrulemaking addresses revisions tothelow emission
fuels requirements associatedwith gasoline volatilitythat are specificallyintendedto protectthe environment orreduce risks tohumanhealthfrom environmental exposure, the adopted rulemaking is not expectedto adversely affect in a material way the
economy, a sector ofthe economy, productivity, competition,jobs, the environment, or the publichealth and safety ofthe state or a sector ofthe state since the revisions are to address federal requirements associated with the phase-out oftheuse ofMTBE as an oxygenate for low RVP fuel.

The adopted rulemaking implements requirements of42 

## United States Code (USC), §7410, 

## which requires statesto adopt a SIP thatprovides for the implementation, maintenance, andenforcement ofthe NAAQS in each air quality control region ofthe

state. While 42 

## USC, §7410 

## generally does not require specific programs, methods, or reductions in orderto meetthe standard, the SIP mustinclude enforceable emission limitations and other control measures, means, ortechniques (including economic


# 8

## incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules andtimetables for compliance as maybe necessary or appropriate to meetthe applicable requirements ofthis chapter (42 USC, Chapter 85). Theprovisions ofthe
FCAA recognize that states are inthebestpositionto determine whatprograms and controls are necessary or appropriate in orderto meetthe NAAQS. This flexibility allows states, affected industry, andthe publicto collaborate onthebest methodsfor attaining the NAAQS for the specific regions inthe state. Even though the FCAA allows statesto develop their own programs, this flexibility does notrelieve a statefrom developing a
program thatmeets the requirements of42 USC, §7410. States are notfree to ignore the requirements of42 USC, §7410, andmust develop programsto assurethattheir contributions to nonattainment areas are reduced so thatthese areas canbebrought
into attainment on schedule.

The requirementto provide a fiscal analysis ofadoptedregulations intheTexas
Government Code was amendedby Senate Bill (SB) 633 during the 75th Legislature, 1997. The intent ofSB 633 was to require agencies to conduct a regulatoryimpact analysis ofextraordinaryrules. These rules are identified inthe statutorylanguage as major environmental rules thatwill have a material adverse impact andwill exceed a requirement ofstatelaw, federal law, or a delegatedfederal program, or are adopted solely underthe general powers ofthe agency. With the understandingthatthis requirementwill seldom apply, the commission provided a cost estimatefor SB 633 concludingthat "based on an assessment ofrules adoptedbythe agency inthepast, itis

not anticipatedthatthebill will have significant fiscal implications for the agency dueto its limited application." The commission also notedthatthe number ofrules thatwill

9

## require assessmentunderthe provisions ofthebill was notlarge. This conclusion was based, inpart, onthe criteria setforth inthebillthatexempted adoptedrules from the full analysis unless the rule was a major environmental rulethat exceeds a federal law.

As 

## discussed earlierinthis preamble, the FCAA does not always require specific
programs, methods, orreductions in orderto meetthe NAAQS; thus, states must develop programs for each area contributingto nonattainmentto help ensurethatthose

areas will meetthe attainment deadlines. Because ofthe ongoing needto address nonattainmentissues andto meetthe requirements of42 USC, §7410, the commission routinelyproposes and adopts SIP rules. The legislature is presumedtounderstandthis federal scheme. If

## each rule adoptedfor inclusion inthe SIP was consideredtobe a major environmental rule thatexceeds federal law, then every SIP rule will require the full regulatoryimpact analysis contemplatedby SB 633. This conclusion is inconsistent
with the conclusions reachedbythe commissioninits cost estimate andbythe Legislative Budget Board (LBB) in its fiscal notes. Since thelegislature is presumedto understandthefiscal impacts ofthebills itpasses andthatpresumption is based on informationprovidedby state agencies andthe LBB, the commissionbelieves thatthe
intentofSB 633 was onlyto require the full regulatory impact analysis for rules that are extraordinaryin nature. While the SIP rules will have a broadimpact, the impact is no greaterthanis necessary or appropriateto meetthe requirements ofthe FCAA. For these reasons, rules adoptedfor inclusion inthe SIP fall underthe exception inTexas Government Code, §2001.0225(a) because they are requiredbyfederal law.

The commission has consistently appliedthis constructionto its rules since this statute

was enactedin 1997. Since thattime, thelegislature has revisedtheTexas Government
10

## Code butleftthis provision substantiallyun-amended. Itis presumedthat "when an
agency interpretation is in effect atthetimethelegislature amendsthelaws without making substantial change inthe statute, thelegislature is deemedtohave acceptedthe agency's interpretation." 

# CentralPower & 

# Light Co. v. Sharp, 919 S.W.2d 485,489 (Tex. App. Austin 1995), 

# writdenied withpercuriam opinion respecting another issue, 960 S.W.2d 617 (Tex. 1997); 

# Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. App. Austin 1990, 

# no writ). Cf. Humble Oil & 

# Refining Co. v. Calvert, 414 S.W.2d 172 (Tex. 1967); 

# Dudney v. State FarmMut.AutoIns. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000); 

# SouthwesternLifeIns. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. Austin 2000,

# pet. denied); and 

# CoastalIndust. WaterAuth. v. Trinity Portland Cement Div., 563 S.W.2d 916 (Tex. 1978).

The commission's interpretation ofthe regulatoryimpact analysis requirements is also supportedby a change made to theTexas Administrative ProcedureAct (APA) bythe legislature in 1999. In an attempttolimitthe number ofrule challenges baseduponAPA requirements, thelegislature clarifiedthat state agencies are requiredto meetthese sections oftheAPA againstthe standardof "substantial compliance." The legislature specificallyidentifiedTexas Government Code, §2001.0225, as falling underthis standard. The commission has substantiallycompliedwiththe requirements ofTexas Government Code, §2001.0225.

The specific intentofthese rules is to remove the existing prohibition on the increased

use ofMTBE ingasoline, which has effectivelybeen endedbythe Energy PolicyAct of 2005, and address other administrative requirements for consistency. Requiring gasoline producers to register, document, and reportuse ofMTBE is therefore simplyno

11

# longer necessary. As discussed elsewhere in this preamble, the amendmentsto §§114.301, 114.306, 114.307

# and 114.309, 

# andthe repeal of§114.304, 

# amountto an administrative clean-up to remove outdated andno longer necessary rules and requirements. Additionally, even ifthe adoptedrulemaking was a major environmental rule, the adoptedrulemaking does not exceed a standard setbyfederal law or exceed an express requirement ofstatelaw. No contract or delegation agreement covers thetopic thatis the subject ofthis adoptedrulemaking. Therefore, this adoptedrulemaking is not subjectto the regulatory analysis provisions ofTexas Government Code, §2001.0225(b) 

# becausethe adopted rulemaking does not meet the definition ofa "major environmental rule," nordoes it meet any ofthefour applicability criteria for a major environmental rule.

The commission invited public comment regarding the draft regulatory impact analysis determination during the public commentperiod, butno comments were received.
Takings ImpactAssessment 

# The commission evaluatedthe adoptedrulemaking andperformed an assessment of whetherTexas Government Code, Chapter 2007

# is applicable. The specific purpose of the adoptedrulemaking is to remove outdated andobsolete portions ofthe low RVP fuel standards. The adopted rules will substantially advance this statedpurposeby: removing the prohibition onthe increaseduse ofMTBE in gasoline to conform to the low RVP gasoline requirements; removing the registration requirements for gasoline producers andimporters that supplylow RVP gasoline to the affected counties; removing the annual reporting and certification requirements on theuse ofMTBE in low RVP gasoline; andby making other non-substantive clarifying changes as needed
12

## for accuracy and consistency.

Texas Government Code, §2007.003(b)(4), 

## provides thatTexas Government Code, Chapter 2007 

## does not applytothis adoptedrulemakingbecause itis an action reasonablytakentofulfill an obligation mandatedbyfederal law. With the passage of
the Energy PolicyAct in 2005, 

## the federal regulations requiringthe use ofoxygenates, such as MTBE, in RFG were repealed and a newfederal renewable fuel standard requiring theuse ofethanol in gasoline was enacted. As a result, gasoline producers begantoblendethanol into gasoline to meetthe newfederal renewable fuel standard,
andMTBE was effectively removedfrom general use as a gasoline additivebythe gasoline refining industry. The adopted rules constitute an "action reasonablytaken" to provide administrative conformitywith the Energy PolicyAct's repeal ofthe requirementsfor the use ofoxygenates infuel, as the adoptedrules will simply do away with reporting and registration requirementsthat are nolonger necessary due the
passage ofthe Energy PolicyAct in 2005. 

## Consequently, the adoptedrulemaking meets the exemption criteria inTexas Government Code, §2007.003(b)(4).



## Nevertheless, the commissionfurther evaluatedthese adopted rules andperformed an
assessment ofwhetherthese adoptedrules constitute a "taking" underTexas
Government Code, Chapter 2007. 

## Promulgation and enforcement ofthese adoptedrules
will be neither a statutorynor a constitutionaltaking ofprivate real property. Specifically, the subject adoptedregulations do not affect a landowner's rights inprivate
real propertybecause this rulemaking does notburden (constitutionally), norrestrict or limit, the owner's rightto property andreduce itsvalueby 25% 

## ormorebeyondthat
whichwill otherwise exist inthe absence ofthe regulations. These adoptedruleswill
13

## simply remove obsolete requirementsthatprovide nobenefittothe state and are no longer necessaryfor the implementation and enforcement ofthe primarygasoline volatility control requirements ofthe rule.

In addition, because the subject adopted regulations do notprovide more stringent requirements they do notburden, restrict, orlimit an owner's rightto propertyand
reduce its valueby 25% 

## or morebeyondthatwhichwill otherwise exist inthe absence of
the regulations. Therefore, these rules will notconstitute a taking undertheTexas
Government Code, Chapter 2007. 

## Forthese reasons, Texas Government Code, Chapter

2007

## does not applytothis adoptedrulemaking.


# Consistencywiththe CoastalManagementProgram
The commission reviewed the adopted rulemaking andfound the adoption is a rulemaking identifiedinthe Coastal CoordinationAct Implementation Rules, 31 

## TAC §sos.n(b)(2) 

## or (4), 

## relatingto rules subjecttothe Coastal Management Program, and will, therefore, require thatgoals andpolicies oftheTexas Coastal Management Program (CMP) be considered duringthe rulemaking process. 31 

## TAC §sos.n(b)(2) 

## applies onlyto air pollutant emissions, on-site sewage disposal systems, and underground storagetanks. 31 

## TAC §sos.n(b)(4) 

## applies to all otheractions. The
commission reviewed this rulemaking for consistencywiththe CMP goals andpolicies
in accordance withthe regulations ofthe Coastal CoordinationAdvisory Committee and
determinedthatthe revisions are consistentwith CMP goals andpoliciesbecause the adoptedrulemaking is to remove outdated and obsolete portions ofthelow RVP fuel standards; will nothave direct or significant adverse effect on any coastal natural

resource areas; will nothave a substantive effect on commission actions subjecttothe
14

## CMP; andpromulgation and enforcement ofthe revisions will notviolate (exceed) any standards identifiedinthe applicable CMP goals andpolicies.

The commission invitedpublic commentregarding the consistencywith the coastal managementprogram during the public commentperiod, butno commentswere received.

Effect on Sites Subjectto the Federal OperatingPermits Program 

## Chapter 114 

## does not contain applicable requirements under 30

## TAC Chapter 122, 

## Federal Operating Permits Program; therefore, owners oroperators subjecttothe Federal Operating Permits Program will notbe requiredto revise their operating permits, consistent withthe revision process in Chapter 122,

## to includethe revised Chapter 114

## requirementsfor each emission unit attheir sites affectedbythe revisions

to Chapter 114.



## Public Comment


## The commission offered a publichearing on May 8, 2014, 

## inAustin, Texas. The hearing

was not officially openedbecause no one registeredto provide oral comments. The

commentperiodclosed on May 12, 2014. 

## The commission received written comments from theTexas Food andFuelAssociation (TFFA) andthe Texas Oil and Gas Association (TXOGA). Both commenters were in supportofthe rule changes.
Response to Comments


## TFF Acommentedthat it supportsthe changes tothe rules. TXOGA commentedthatit supportsthe revisions tothe rules removing obsolete requirements thatprovide no benefittothe state and are unnecessaryto regulation ofthe primarygasoline volatility
15

# control requirements ofthe rule.



# The commissionappreciates the support.

16

# RECOMMENDATION

## SUBCHAPTERH: LOWEMISSION FUELS DIVISION 1: 

## GASOLINEVOLATILITY §114.307

# and §114.309

StatutoryAuthority


## The amendments are adoptedunderTexas Water Code (TWC), §5.103 

## and §5.105, 

## concerning Rules and General Policy, which authorize the commissionto adopt rules
necessary to carryoutits powers and duties undertheTWC; andTWC, §28.011, 

## concerning UndergroundWater: Regulations, which provides the commission with the authorityto adopt andenforce rules to protect andpreserve undergroundwater quality. The amendments are also adoptedunderTexas Health and Safety Code (THSC), §382.002, 

## concerning Policy and Purpose, which establishesthe commission's purpose
to safeguardthe state's air resources, consistentwith the protection ofpublic health, general welfare, andphysical property; THSC, §382.011, 

## concerning General Powers and Duties, which authorizes the commission to control the quality ofthe state's air; THSC, §382.012, 

## concerning StateAir Control Plan, which authorizes the commissionto
prepare anddevelop a general, comprehensiveplanfor the control ofthe state's air; THSC, §382.017, 

## concerning Rules, which authorizes the commissionto adoptrules
consistentwiththepolicy andpurposes ofthe Texas Clean Air Act; andTHSC, §382.202, 

## concerningVehicle Emissions Inspection and Maintenance Program, which authorizes the commissionto establishvehicle fuel content standards after January 1,


## 2004.



## The amendments implementTHSC, §§382.002, 382.011, 382.012, 382.017, 

## and
382.202.

1

## §114.307. Exemptions.
(a) The following uses are exemptfrom §§114.301, 114.305, and 114.306 ofthis title (relating to Control Requirements for Reid Vapor Pressure; ApprovedTest Methods; and Recordkeeping Requirements):

(1) 

## any stationarytank, reservoir, or other container:

(A) used exclusively for thefueling ofimplements ofagriculture; or
(B) with a nominal capacity ofsoo 

## gallons (1,893liters) orless; and

(2) 

## all gasoline solelyintendedfor use as aviation gasoline ("av-gas").

(b) 

## Any gasoline that is eitherin a research, development, ortest status; oris sold

to petroleum, automobile, engine, orcomponent manufacturersfor research, development, ortestpurposes; or any gasoline tobeusedby, orunderthe control of petroleum, additive, automobile, engine, component manufacturers for research, development, ortestpurposes; or anyindependentresearch laboratories oracademic institutions for use in research, development, ortesting ofpetroleum, additive, automobile, engine, componentproducts, is exemptfrom the provisions ofthis division (relating to GasolineVolatility), providedthat:

(1) 

## the gasoline is kept segregatedfrom non-exemptproduct, andthe
person possessingthe productmaintains documentation identifying the product as research, development, ortesting fuel, as applicable, and stating thatitis tobeusedonly
for research, development, ortesting purposes; and

2

## (2) 

# the gasoline is not sold, dispensed, ortransferred, or offeredfor sale, dispensing, ortransfer from a retail fuel dispensingfacility. It

# shall also notbe sold, dispensed, ortransferred, or offeredfor sale, dispensing, ortransfer from a wholesale purchaser-consumerfacility, unless such facility is associated with fuel, automotive, or engine research, development, ortesting.
(c) Any gasoline thatis refined, sold, dispensed, transferred, or offered for sale, dispensing, ortransfer as competitionracing fuel is exemptedfrom the provisions of this division, providedthat:

(1) 

# thefuel is kept segregatedfrom non-exempt fuel, andthe party possessingthefuel for thepurposes ofrefining, selling, dispensing, transferring, or offering for sale, dispensing, ortransfer as competition racing fuel maintains documentation identifying the product as racing fuel, restrictedfor non-highway use in competition racing motorvehicles or engines;

(2) 

# each pump standat a regulatedfacility, from which thefuel is dispensed, is labeled withthe applicable fuel identification and use restrictions described inparagraph (1) 

# ofthis subsection; and
(3) thefuel is not sold, dispensed, transferred, or offered for sale, dispensing, ortransfer for highwayuse in a motorvehicle.
(d) The owner oroperator ofa retail fuel dispensing outlet is exempt from all requirements of§114.306 

# ofthis title, except §114.306(b) 

# ofthis title.

3

## (e) Gasoline that does not meetthe requirements of§114.301 

## ofthistitle is not prohibitedfrom being transferred, placed, stored, and/orheldwithinthe affected counties so long as itis notultimatelyusedto power:

(1) 

## a gasoline-powered spark-ignition engine in a motorvehicle inthe countieslisted in §114.309 

## ofthis title (relatingtoAffected Counties), except for that usedin conjunctionwith purposes statedin subsections (a)- (c) ofthis section; or

(2) 

## a gasoline-powered spark-ignition engine in non-road equipmentin the counties listed in §114.309 

## ofthis title, except for thatused in conjunction with
purposes statedin subsections (a)- (c) ofthis section.

§114.309. Affected Counties.



## All affected persons in thefollowing counties shallbe in compliance with §§114.301 

## and 114.305

- 114.307

## ofthis title (relating to Control Requirements for Reid Vapor Pressure; Approved Test Methods; Recordkeeping Requirements; and Exemptions) no laterthanthe dates specified in §114.301(b) 

## ofthis title: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell,
De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, SanAugustine, SanJacinto, San Patricio,



# 4

## Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, VanZandt,Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, andWood.



# 5

## SUBCHAPTERH: LOWEMISSION FUELS DIVISION 1: 

## GASOLINEVOLATILITY



# StatutoryAuthority
The repeal is adoptedunderTexas Water Code (TWC), §5.103 

## and §5.105, 

## concerning
Rules and General Policy, which authorizethe commissionto adoptrules necessaryto
carry outits powers and duties undertheTWC; andTWC, §28.011, 

## concerning UndergroundWater: Regulations, which provides the commission withthe authorityto adopt and enforce rules to protect andpreserve undergroundwater quality. The repeal
is also adoptedunderTexas Health and Safety Code (THSC), §382.002, 

## concerning Policy and Purpose, which establishes the commission's purposeto safeguardthe state's
airresources, consistentwiththe protection ofpublichealth, general welfare, and physical property; THSC, §382.011, 

## concerning General Powers and Duties, which
authorizes the commissionto control the quality ofthe state's air; THSC, §382.012, 

## concerning StateAir Control Plan, which authorizes the commissionto prepare and develop a general, comprehensive planfor the control ofthe state's air; THSC, §382.017, 

## concerning Rules, which authorizes the commissionto adoptrules consistentwiththe policy andpurposes oftheTexas Clean AirAct; andTHSC, §382.202, 

## concerning
Vehicle Emissions Inspection andMaintenance Program, which authorizes the
commission to establishvehicle fuel content standards afterJanuary 1, 2004.



## The adopted repeal implements THSC, §§382.002, 382.011, 382.012, 382.017, 

## and
382.202.



# §114.304. Registration ofGasoline Producers and Importers.

6!'"··"'-·'- -··· 

# TEXAS COMMISSION ON ENVIRONMENTAL

# QUALI'I~)(,

ORDERADOPTINGAMENDEDAND REPEALED RULES AND REVISIONS TO THE STATE IMPLEMENTATION PIAN

DocketNo. 2013-1869-

## RUL Rule ProjectNo. 2014-002-114-AI



# On September 10, 2014, 

# theTexas Commission on Environmental Quality (Commission), during a public meeting, considered adoption ofamended Sections 114.301, 114.306, 114.307, 114.309, 

# andthe repeal ofSection 114.304 

# of30 

# Texas Administrative Code, Chapter 114, 

# Control ofAir Pollution from MotorVehicles, andcorresponding revisions tothe stateimplementation plan (SIP).

' 

# The Commission adopts amended Sections 114.301, 114.306, 114.307, 114.309, 

# andthe repeal ofSection 114.304 

# of30 

# Texas Administrative Code, Chapter 114, 

# Control ofAir Pollutionfrom MotorVehicles, and corresponding revisions tothe SIP. The adoption will remove the prohibition onthe increaseduse ofmethyl-tertiary-butyl-ether (MTBE) in gasoline to conformto the low Reid vaporpressure (RVP) gasoline requirements; remove the registration requirements for gasoline producers andimporters that supplylow RVP gasoline to the affected counties; remove the annual reporting andcertification requirements on the use ofMTBE inlowRVP gasoline; andmake other non-substantive clarifying changes as neededfor accuracy andconsistency. Under Tex. Health &Safety Code Ann.§§ 382.011, 382.012, 

# and 382.023 

# (Vernon 2010), 

# the Commissionhas the authorityto control the quality ofthe state's air andto issue orders consistentwith thepolicies and purposes oftheTexas Clean AirAct, Chapter 382 

# of theTex. Health & 

# Safety Code. The proposedrules were publishedfor commentintheApril 11, 

## 2014, 

# issue ofthe Texas Register (39 

# TexReg 2753).


# Pursuantto Tex. Health &Safety Code Ann.§ 382.017 

# (Vernon 2010), 

# Tex. Gov't Code Chapter 2001 

# (Vernon 2008), 

# and40 

# Code ofFederal Regulations§ 51.102, 

# and after proper notice, the Commission offered a publichearingto consider the amended and repealed rules andrevisions to the SIP on May 8, 2014, 

# inAustin, Texas. Proper notice included prominent advertisement inthe areas affected atleast 30 

# days prior to the date ofthe hearing. The hearing was not officially openedbecause no one registered to provide oral comments atthe hearing. The Commission circulatedhearing notices ofits intended action to the public, including interestedpersons, the RegionalAdministrator ofthe EPA, and all applicable local'''-\.'\\\\It .\**,_~llll..** ' ' ' " ' ' ' '1

## air·pollutiQ~~·to:nt}:pl 

# agencies. The publicwas invitedto submitdata, views, and recornt.ilend.0t.i6ps -on the proposed amended andrepealedrules and SIP revisions, either orally(.or

# hi**.v.~~ting,** 

# atthe scheduledhearing or duringthe commentperiod. Priorto the**sch~duled.he,aHng,** 

# copies oftheproposedamended andrepealedrules and SIP revisions were availaple.forpublicinspection atthe Commission's central office andonthe Commissiort's Web site. Data, views, andrecommendations ofinterestedpersons regarding theproposed amended andrepealed rules and SIP revisions were submittedtothe Commission during the commentperiod, andwere consideredbythe Commission as reflected inthe analysis of testimony incorporatedbyreference to this Order. The Commission finds thatthe analysis of testimonyincludesthe names ofall interested groups orassociations offering comment on theproposedamended andrepealedrules andthe SIP revisions andtheirposition concerning the same. IT ISTHEREFORE ORDERED BYTHE COMMISSION thatthe amendments and repealedrules andrevisions to the SIP incorporatedbyreference tothis Order arehereby adopted. The Commission further authorizes staffto make anynon-substantive revisions to therules necessaryto complywith 

# Texas Registerrequirements. The adoptedrules andthe preambletothe adoptedrules andtherevisions to the SIP are incorporatedbyreferencein this Order asifsetforth atlengthverbatiminthis Order.
IT IS FURTHER ORDERED BY THE COMMISSION thatonbehalfofthe Commission, the Chairman shouldtransmit a copy ofthis Order, together withthe adopted rules andrevisions to the SIP, tothe Regional Administrator ofEPA as a proposedrevision to theTexas SIPpursuanttothe Federal CleanAirAct, codified at42 U.S. Code Ann. §§ 7401- 7671q, as amended. This Order constitutesthe Order ofthe Commission requiredbytheAdministrative Procedure Act, Tex. Gov't Code,§ 2001.033 (Vernon 2008). Ifanyportion ofthis Order is for any reasonheldtobeinvalidby a courtofcompetent jurisdiction, theinvalidity ofanyportion shall not affectthevalidityofthe remaining portions.

Issued 

# date: 

# SEP 1 92014
TEXAS COMMISSION ON ENVIRONMENTAL QUALITYlicensed prosthetist/orthotist always s cifically extends to having disciplinary action taken against the lie se ofthe supervising licensed prosthetist or supervising licensed pro thetist/orthotist for violations of the Act or this chapter committed by e licensed assistant. (3) A licensed prosthetis orthotist assistant performs the type ofwork described in both paragra hs (1) and (2) ofthis subsection and is subject to the supervision requi ements described there. ( 4) Assistants may only p ctice in a facility accredited under §821.15 ofthis title (relating to A reditation ofProsthetic and Orthotic Facilities), or afacility that is ex mptunderthe Act, §605.260(e). (c) Qualifications for licensu e as an assistant. The applicant must submit evidence-satisfactory tot e board ofhaving completedthe following:(1) successful completion ofcoursework from a college or university accredited by a regional ac rediting organization such as the Southern Association ofColleges an Schools that included at a minimum: (A) six credit hours of anatomy and physiology; (B) three credit hours falgebra orhighermathematics; (C) three credit hours fphysics or chemistry; and (2) a clinical residency fo assistants ofnot less than 1,000 hours in prosthetics or 1,000 hours i orthotics, completed in a period ofnot more than six consecutive mo hs, in a facility that is accredited under §821.15 ofthis title or a facil that is exempt under the Act, §605.260(e). The resident shall pra ice under the direct supervision of a licensed prosthetist, licensed o hotist or licensed prosthetist/orthotist, depending on the type ofres dency. The supervisor's license must be in the same discipline bein completed by the clinical resident. (A) The clinical res dency shall primarily provide learning opportunities for the clinic I resident rather than primarily providing service to the prosthetic an ororthotic facility or its patients or clients. (B) The clinical resid ncy shall include observation of assistant level work covering assisti g with patient assessments, measurement, design, fabrication, assem ling, fitting, adjusting or servicing prostheses ororthoses or both, d ending on the type ofresidency. (C) The clinical resi ncy shall include an orientation comparing and contrasting the dutie of a licensed assistant with the duties ofthe licensed orthotist, lice sed prosthetist or licensed prosthetist/orthotist. (D) The clinical resi ent shall not independently provide ancillary patient care services o the type performed by a licensed assistant and may not independently engage in prosthetic and orthotic care directly to the patient. (E) The clinical resi ent may only be incidentally involved in other duties including, bu not limited to, scheduling, medical records, clerical, payroll and ac ounting,janitorial/housekeeping, transportation, or delivery. (d) Beginning and ending a linical residency for an assistant. Before undertaking a clinical reside cy for an assistant, the supervisor and clinical resident must notifY th board by filing a completed supervision agreement with the board n a form prescribed by the board. The supervisor shall provide the cl ical resident and the board with written documentation upon begi ing, terminating or completing a clinical residency. Ifterminating or completing a residency, the written documentation shall indicate t e number ofhours, which comply with this section that were comple d by the clinical resident. 

### The agency certifies that legal ounsel has reviewed the adoption and found it to be a valid e ercise ofthe agency's legal authority. Filed with the Office ofthe Seer tary of State on September 15, 2014. TRD-20 1404390 Rebecca Brou Presiding Officer Texas Board of Orthotics and Prost etics Effective date: October 5. 2014 Proposal publication date: July 11, 014 For further information. please call: (512) 776-6972 

# • • TITLE 30. ENVIRONMENTAL QUALITY 

# PART 1. 

# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 114. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES SUBCHAPTER H. LOW EMISSION FUELS DIVISION 1. GASOLINE VOLATILITY The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts the amendments to §§ 114.301, 114.306, 114.307, and 114.309 and the repeal of §114.304 without changes 

### to the proposed text as published in the April 11, 2014, issue of the Texas Register

### (39 TexReg 2753). The repeal of §114.304, and amended §114.307 and §114.309, will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the state implementation plan (SIP). Background and Summary of the Factual Basis for the Adopted Rules The current state regulations for the Regional Low Reid Vapor Pressure (RVP) Gasoline Program, as specified under the Chapter 114 gasoline volatility rules in §114.301, prohibit the sale of all gasoline from gasoline-dispensing facilities that has a RVP greater than 7.8 pounds per square inch (psi) within the 95 central and eastern Texas counties affected by these regulations from June 1 through October 1 of each year. This prohibition applies to all other affected entities in the affected 95 counties from May 1 through October 1 of each year. Low RVP gasoline is refined to have a lower evaporation rate and lower volatility than conventional gasoline. Low RVP gasoline reduces the evaporative emissions generated during vehicle refueling and therefore decreases the emissions of volatile organic compounds (VOC) and other ozone-forming emissions. Reducing emissions of VOC benefits the regional 95-county area and the rest of the state and assists in the attainment and maintenance of the National Ambient Air Quality Standard (NAAQS) for ozone. These rules also prohibit the increased use of methyl-tertiary-butyl-ether (MTBE) in gasoline to comply with the low RVP gasoline requirements during the period of May 1



## 39 TexReg 7740 September 26, 2014 Texas Registerthrough October 1 each year overthat used in the period of May 1, through October 1, 1998, on an average per gallon basis. The Regional Low RVP Gasoline Program rules, as specified in §114.304, also require all gasoline producers and importers that supply gasoline to the affected counties to register with the TCEQ. In addition, all registered gasoline producers and importers are required, as specified in §114.306, to submit an annual report certifying that the use of MTBE in the gasoline supplied to the affected counties, from May 1, through October 1, of the current reporting year, has not increased on an average per gallon basis from that used during the period of May 1, through October 1, 1998. The following 95 Texas counties, as specified in §114.309, are affected by the Regional Low RVP Gasoline Program regulations: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, Mclennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood Counties. The use of MTBE as an oxygenate for compliance with federal reformulated gasoline (RFG) regulations and as a gasoline octane-enhancing additive was common when the Regional Low RVP Gasoline Program regulations in Chapter 114 were originally adopted in June 1999. Concerns over the potential MTBE contamination of groundwater and surface water led the commission to adoptthe MTBE prohibition specified in §114.301 (c) in April2000 to prevent gasoline producers from increasing the use of MTBE in gasoline to conform to the low RVP requirements. The gasoline producer and importer registration requirements in §114.304 and the annual reporting requirements specified in §114.306(c) were also adopted in April2000 to enhance the enforceability ofthe MTBE prohibition specified in §114.301 (c). The EPA approved the Low RVP Gasoline Program rules in Chapter 114 as a Sl P control strategy for the one-hour ozone NAAQS in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas in the April 26, 2001, issue ofthe Federal Register (66 FR 20927). Subsequently, with the passage ofthe Energy Policy Act in 2005, the federal regulations requiring the use of oxygenates, such as MTBE, in RFG were repealed and a new federal renewable fuel standard requiring the use of ethanol in gasoline was enacted. As a result, gasoline producers began to blend ethanol into gasoline to meet the new federal renewable fuel standard, and MTBE was effectively removed from general use as a gasoline additive by the gasoline refining industry, primarily due to growing concerns over the MTBE contamination of groundwater and surface water. Samples of gasoline collected statewide in 2011 for a summer fuel field study conducted by the TCEQ showed only trace amounts of MTBE in some samples, i.e., less than 0.1% by volume, while every gasoline sample collected contained ethanol ranging from 1.99% to 9.44% by volume. The adopted amendments to the Regional Low RVP Gasoline Program rules will remove obsolete requirements that provide no benefit to the state and are no longer necessary for the implementation and enforcement of the primary gasoline volatility control requirements of the rule. In addition, the adoption will provide regulatory consistency between the Chapter 114 gasoline volatility requirements and the El Paso Low RVP Gasoline requirements, specified in the 30 TAC Chapter 115 regulations in §§115.252, 115.253, 115.255- 115.257, and 115.259, which do not prohibit the use of MTBE and do not require registration and annual reporting. Section 110(1) Anti-backsliding Demonstration The adopted amendments to the Regional Low RVP Gasoline Program rules are also adopted as revisions to the Texas SIP. The EPA approved the Regional Low RVP Gasoline Program rules effective May 29, 2001, but specifically did not address the MTBE prohibition requirement ofthe Regional Low RVP Gasoline Program rules since the commission did not submit that requirement as a SIP revision. The EPA generally approved the registration and recordkeeping and certification requirements. Federal Clean Air Act (FCAA), §110(1) requires that the EPA not approve revisions to the SIP, if the revision will interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement ofthe FCAA. The commission has reviewed the adopted amendments to the Regional Low RVP Gasoline Program rules and determined that the amendments will not interfere with attainment or maintenance of the one-hour ozone NAAQS, since the federal regulations requiring the use of oxygenates, such as MTBE, in RFG were repealed in 2005. Additionally, MTBE has effectively been replaced with ethanol as a gasoline additive by the gasoline refining industry due to concerns with water contamination and for compliance with federal renewable fuel requirements. The repeal of the registration requirements, which were originally adopted to enhance enforcement regarding the MTBE prohibition, is not expected to impact the purpose of the Regional Low RVP Gasoline Program since those rules remain intact. Similarly, the adopted amendments to §§114.306, 114.307, and 114.309 involve minor administrative clarifications necessary for consistency. The Regional Low RVP Gasoline Program rules remain in place as an effective means to provide continued emissions reductions ofVOC to assist in attainment and maintenance ofthe one-hour ozone NAAQS primarily within the 95-county region where the rules apply but also having potential additional benefits throughout the state. Section by Section Discussion §114.301, Control Requirements for Reid Vapor Pressure The adoption will amend §114.301 to delete subsection (c) to remove the prohibition on the increased use of MTBE in gasoline to conform to the low RVP gasoline requirements specified in subsection (a). The prohibition on increased use of MTBE is no longer necessary since the federal regulations requiring the use of oxygenates, such as MTBE, in RFG was repealed in 2005. Also, MTBE has effectively been replaced with ethanol as a gasoline additive by the gasoline refining industry, due to concerns with water contamination and for compliance with federal renewable fuel requirements. In addition, the adopted amendment will provide regulatory consistency with the El Paso Low RVP Gasoline requirements, specified in the Chapter 115 regulations in §§115.252, 115.253, 115.255- 115.257, and 115.259, which do not contain a prohibition on the increased use of MTBE to comply with the rules.



## ADOPTEDRULES September 26, 2014 39 TexReg 7741§114.304, Registration ofGasoline Producers and Importers The adoption will repeal §114.304 to remove the requirement for gasoline producers and importers that supply gasoline to the affected counties to registerwith the TCEQ for consistency with the adopted changes to §114.301, since these requirements were adopted by the commission in April 2000 to enhance the enforceability ofthe MTBE prohibition specified in §114.301(c). Repealing the registration requirements specified in this section will relieve gasoline producers and importers affected by these regulations from an administrative requirement that is no longer necessary forthe implementation ofthe low RVP gasoline rules. Repealing this section will also provide regulatory consistency with the El Paso Low RVP Gasoline requirements, specified in Chapter 115 regulations in §§115.252, 115.253, 115.255- 115.257, and 115.259, which do not contain registration requirements. §114.306, Recordkeeping, Reporting, and Certification Requirements The adoption will amend §114.306 to delete subsection (c) toremove the reporting and certification requirements regarding the annual report on the use of MTBE in the gasoline, as needed for consistency with the adopted changes to §114.301. Removing the reporting and certification requirements specified in this subsection will relieve gasoline producers affected by these regulations from an administrative requirement that is no longer necessary for the implementation ofthe Chapter 1141ow RVP gasoline rules. In addition, removing this subsection will provide regulatory consistency with the El Paso Low RVP Gasoline requirements, specified in the Chapter 115 regulations in §§115.252, 115.253, 115.255-115.257, and 115.259, which do not contain reporting requirements. The adoption will also amend §114.306 to make clarifying changes to the section heading as needed for accuracy and consistency with the adopted changes to the section. §114.307, Exemptions The adoption will amend §114.307 to make non-substantive clarifying changes as needed for accuracy and consistency with the adopted changes to §114.306. §114.309, Affected Counties The adoption will amend §114.309 to make non-substantive clarifying changes as needed for accuracy and consistency with the adopted changes to §114.306. Final Regulatory Impact Determination The commission reviewed the adopted rulemaking in light ofthe regulatory impact analysis requirements of Texas Government Code, §2001.0225, and determined that the adopted rulemaking does not meet the definition of a "major environmental rule" as defined in that statute. A "major environmental rule" means a rule, the specific intent ofwhich is to protect the environment or reduce risks to human health from environmental exposure, and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety ofthe state or a sector ofthe state. Additionally, the adopted rulemaking does not meet any ofthe four applicability criteria for requiring a regulatory impact analysis for a major environmental rule, which are listed in Texas Government Code, §2001.0225(a). Texas Government Code, §2001.0225, applies only to a major environmental rule, the result ofwhich is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers ofthe agency instead of under a specific state law. The adopted rulemaking will amend §§114.301, 114.306, 114.307, and 114.309; and will repeal §114.304. The revisions to Chapter 114 will remove the existing prohibition on the increased use of MTBE in gasoline and the registration and reporting requirements that have become effectively obsolete due to the passing of the Energy Policy Act in 2005, which effectuated a phase-out ofthe use of MTBE as a oxygenate for low RVP fuel. Requiring gasoline producers to register, document, and report use of MTBE is no longer necessary. While the adopted rulemaking addresses revisions to the low emission fuels requirements associated with gasoline volatility that are specifically intended to protect the environment or reduce risks to human health from environmental exposure, the adopted rulemaking is not expected to adversely affect in a material way the economy, a sector ofthe economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector ofthe state since the revisions are to address federal requirements associated with the phase-out of the use of MTBE as an oxygenate for low RVP fuel. The adopted rulemaking implements requirements of 42 United States Code (USC), §7410, which requires states to adopt a SIP that provides for the implementation, maintenance, and enforcement ofthe NAAQS in each air quality control region ofthe state. While 42 USC, §7410 generally does not require specific programs, methods, or reductions in order to meet the standard, the SIP must include enforceable emission limitations and other control measures, means, ortechniques (including economic incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules and timetables for compliance as may be necessary or appropriate to meet the applicable requirements of this chapter (42 USC, Chapter 85). The provisions of the FCAA recognize that states are in the best position to determine what programs and controls are necessary or appropriate in order to meet the NAAQS. This flexibility allows states, affected industry, and the publicto collaborate on the best methods for attaining the NAAQS for the specific regions in the state. Even though the FCAA allows states to develop their own programs, this flexibility does not relieve a state from developing a program that meets the requirements of 42 USC, §7410. States are notfree to ignore the requirements of42 USC, §7410, and must develop programs to assure that their contributions to nonattainment areas are reduced so that these areas can be brought into attainment on schedule. The requirement to provide a fiscal analysis of adopted regulations in the Texas Government Code was amended by Senate Bill (SB) 633 during the 75th Legislature, 1997. The intent of SB 633 was to require agencies to conduct a regulatory impact analysis of extraordinary rules. These rules are identified in the statutory language as major environmental rules thatwill have a material adverse impact and will exceed a requirement of state law, federal law, or a delegated federal program, or are adopted solely under the general powers ofthe agency. With the understanding that this requirement will seldom apply, the commission provided a cost estimate for SB 633 concluding that "based on an assessment of rules adopted by the agency in the past, it is not anticipated that the bill will have significant fiscal implications for the agency due to its limited application." The commission also noted that the number of rules that will require assessment un

## 39 TexReg 7742 September 26, 2014 Texas Registerder the provisions ofthe bill was not large. This conclusion was based, in part, on the criteria set forth in the bill that exempted adopted rules from the full analysis unless the rule was a major environmental rule that exceeds a federal law. As discussed earlier in this preamble, the FCAA does not always require specific programs, methods, or reductions in order to meet the NAAQS; thus, states must develop programs for each area contributing to nonattainment to help ensure that those areas will meet the attainment deadlines. Because ofthe ongoing need to address nonattainment issues and to meet the requirements of 42 USC, §7410, the commission routinely proposes and adopts SIP rules. The legislature is presumed to understand this federal scheme. If each rule adopted for inclusion in the SIP was considered to be a major environmental rule that exceeds federal law, then every SIP rule will require the full regulatory impact analysis contemplated by SB 633. This conclusion is inconsistent with the conclusions reached by the commission in its cost estimate and by the Legislative Budget Board (LBB) in its fiscal notes. Since the legislature is presumed to understand the fiscal impacts of the bills it passes and that presumption is based on information provided by state agencies and the LBB, the commission believes that the intent of SB 633 was only to require the full regulatory impact analysis for rules that are extraordinary in nature. While the SIP rules will have a broad impact, the impact is no greater than is necessary or appropriate to meet the requirements ofthe FCAA. Forthese reasons, rules adopted for inclusion in the SIP fall underthe exception in Texas Government Code, §2001.0225(a) because they are required by federal law. The commission has consistently applied this construction to its rules since this statute was enacted in 1997. Since that time. the legislature has revised the Texas Government Code but left this provision substantially un-amended. It is presumed that "when an agency interpretation is in effect atthe time the legislature amends the laws without making substantial change in the statute, the legislature is deemed to have accepted the agency's interpretation." Central Power& Light Co. 

### v. Sharp, 919 S.W.2d 485, 489 (Tex. App. Austin 1995), writ denied with per curiam opinion respecting anotherissue, 960 S.W.2d 617 (Tex. 1997); Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. App. Austin 1990, no writ). Cf. Humble Oil & Refining Co. v. Calvert, 414 S.W.2d 172 (Tex. 1967); Dudney

### v. State Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000); Southwestern Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. Austin 2000, pet. denied); and Coastallndust. WaterAuth. 

### v. Trinity Portland Cement Div

.. 563 S.W.2d 916 (Tex. 1978). The commission's interpretation of the regulatory impact analysis requirements is also supported by a change made to the Texas Administrative Procedure Act (APA) by the legislature in 1999. In an attempt to limitthe number of rule challenges based upon APA requirements, the legislature clarified that state agencies are required to meet these sections ofthe APA against the standard of "substantial compliance." The legislature specifically identified Texas Government Code, §2001.0225, as falling under this standard. The commission has substantially complied with the requirements ofTexas Government Code, §2001.0225. The specific intent of these rules is to remove the existing prohibition on the increased use of MTBE in gasoline. which has effectively been ended by the Energy Policy Act of 2005, and address other administrative requirements for consistency. Requiring gasoline producers to register, document, and report use of MTBE is therefore simply no longer necessary. As discussed elsewhere in this preamble, the amendments to §§114.301, 114.306, 114.307 and 114.309, and the repeal of §114.304, amount to an administrative clean-up to remove outdated and no longer necessary rules and requirements. Additionally, even if the adopted rulemaking was a major environmental rule, the adopted rulemaking does not exceed a standard set by federal law or exceed an express requirement of state law. No contract or delegation agreement covers the topic that is the subject of this adopted rulemaking. Therefore, this adopted rulemaking is not subject to the regulatory analysis provisions of Texas Government Code, §2001.0225(b) because the adopted rulemaking does not meet the definition of a "major environmental rule," nor does it meet any of the four applicability criteria for a major environmental rule. The commission invited public comment regarding the draft regulatory impact analysis determination during the public comment period, but no comments were received. Takings Impact Assessment The commission evaluated the adopted rulemaking and performed an assessment of whether Texas Government Code, Chapter 2007 is applicable. The specific purpose ofthe adopted rulemaking is to remove outdated and obsolete portions of the low RVP fuel standards. The adopted rules will substantially advance this stated purpose by: removing the prohibition on the increased use of MTBE in gasoline to conform to the low RVP gasoline requirements; removing the registration requirements for gasoline producers and importers that supply low RVP gasoline to the affected counties; removing the annual reporting and certification requirements on the use of MTBE in low RVP gasoline; and by making other non-substantive clarifying changes as needed for accuracy and consistency. Texas Government Code, §2007.003(b)(4), provides that Texas Government Code, Chapter 2007 does not apply to this adopted rulemaking because it is an action reasonably taken to fulfill an obligation mandated by federal law. With the passage of the Energy Policy Act in 2005, the federal regulations requiring the use ofoxygenates. such as MTBE, in RFG were repealed and a new federal renewable fuel standard requiring the use ofethanol in gasoline was enacted. As a result, gasoline producers began to blend ethanol into gasoline to meet the new federal renewable fuel standard, and MTBE was effectively removed from general use as a gasoline additive by the gasoline refining industry. The adopted rules constitute an "action reasonably taken" to provide administrative conformity with the Energy Policy Act's repeal ofthe requirements for the use of oxygenates in fuel, as the adopted rules will simply do away with reporting and registration requirements that are no longer necessary due the passage of the Energy Policy Act in 2005. Consequently, the adopted rulemaking meets the exemption criteria in Texas Government Code, §2007.003(b)(4). Nevertheless. the commission further evaluated these adopted rules and performed an assessment of whether these adopted rules constitute a "taking" underTexas Government Code, Chapter 2007. Promulgation and enforcement ofthese adopted rules will be neither a statutory nor a constitutional taking of private real property. Specifically, the subject adopted regulations do not affect a landowner's rights in private real property because this rulemaking does not burden (constitutionally), nor restrict or limit, the owner's right to property and reduce its value by 25% or more beyond that which will otherwise exist in the absence of the regulations. These adopted rules will simply remove obsolete requirements that provide no benefit to the state and are no



## ADOPTEDRULES September 26,2014 39 TexReg 7743longer necessary for the implementation and enforcement ofthe primary gasoline volatility control requirements ofthe rule.**I~** addition,**b~cause** the _subject adopted regulations do not proVIde more stnngent requirements they do not burden, restrict, or limit an owner's right to property and reduce its value by 25% or more beyond that which will otherwise exist in the absence of the regulations. Therefore, these rules will not constitute a taking underthe Texas Government Code, Chapter 2007. Forthese reasons, Texas Government Code, Chapter 2007 does not apply to this adopted rulemaking. Consistency with the Coastal Management Program The commission reviewed the adopted rulemaking and found the adoption is a rulemaking identified in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11 (b)(2) or (4), relating to rules subject to the Coastal Management Program, and will, therefore, require that goals and policies of the Texas Coastal**~anagement** Program (CMP) be considered during the rulemak-**~ng** process. 31 TAC §505.11 (b)(2) applies only to air pollutant emissions, on-site sewage disposal systems, and underground storage tanks. 31 TAC §505.11 (b)(4) applies to all other actions. The commission reviewed this rulemaking for consistency with the CMP goals and policies in accordance with the regulations ofthe Coastal Coordination Advisory Committee and determined thatthe revisions are consistent with CMP goals and policies because the adopted rulemaking is to remove outdated and obsolete portions ofthe low RVP fuel standards; will not have direct or significant adverse effect on any coastal natural resource areas· will not have a substantive effect on commission actions subject to the CMP; and promulgation and enforcement ofthe revisions will not violate (exceed) any standards identified in the applicable CMP goals and policies. The commission invited public comment regarding the consistency with the coastal management program during the public comment period, but no comments were received. Effect on Sites Subject to the Federal Operating Permits Program Chapter 114 does not contain applicable requirements under 30 TAC Chapter 122, Federal Operating Permits Program; therefore, owners or operators subject to the Federal Operating Permits Program will not be required to revise their operating permits, consistent with the revision process in Chapter 122, to include the revised Chapter 114 requirements for each emission unit at their sites affected by the revisions to Chapter 114. Public Comment The _commission offered a public hearing on May 8, 2014, in Aust1n, Texas. The hearing was not officially opened because no one registered to provide oral comments. The comment period closed on May 12, 2014. The commission received written comments from the Texas Food and Fuel Association (TFFA) and the Texas Oil and Gas Association (TXOGA). Both commenters were in support of the rule changes. Response to Comments TFFA commented that it supports the changes to the rules. TXOGA commented that it supports the revisions to the rules removing obsolete requirements that provide no benefitto the state and are unnecessary to regulation ofthe primary gasoline volatility control requirements of the rule. The commission appreciates the support. 

### 30 TAC §§114.301, 114.306, 114.307, 114.309 Statutory Authority The amendments are adopted under Texas Water Code (TWC), §5.1 03 and §5.1 05, concerning Rules and General Policy, which authorize the commission to adopt rules necessary to carry out its powers and duties under the TWC; and TWC, §28.011, concerning Underground Water: Regulations, which provides the commission with the authority to adopt and enforce rules to protect and preserve underground water quality. The amendments are also adopted under Texas Health and Safety Code (THSC), §382.002, concerning Policy and Purpose, which establishes the commission's purpose to safeguard the state's air resources consistent with the protection of public health, general welfare: and physical property; THSC, §382.011, concerning General Powers and Duties, which authorizes the commission to control th_e quality ofthe**stat~'s** air; THSC, §382.012, concerning State A1r Control Plan, wh1ch authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air; THSC, §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes ofthe Texas Clean Air Act; and THSC, §382.202, concerning Vehicle Emissions Inspection and Maintenance Program, which authorizes the commission to establish vehicle fuel content standards after January 1, 2004. The amendments implement THSC, §§382.002, 382.011, 382.012, 382.017, and 382.202. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise ofthe agency's legal authority.
Filed with the Office ofthe Secretary of State on September 12, 2014. TRD-201404378 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: October 2, 2014 Proposal publication date: April 11, 2014 For further information, please call: (512) 239-2141



### 30 TAC §114.304 Statutory Authority

# • • •

The repeal is adopted under Texas Water Code (TWC), §5.1 03 and §5.1 05, concerning Rules and General Policy, which authorize the commission to adopt rules necessaryto carry out its powers and duties under the TWC; and TWC, §28.011, concerning Underground Water: Regulations, which provides the commission with the authority to adopt and enforce rules to protect and preserve underground water quality. The repeal is also adopted under Texas Health and Safety Code (THSC), §382.002, concerning Policy and Purpose, which establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; THSC, §382.011, concerning General Powers and Duties, which authorizes the commission to control the quality of the state's air; THSC, §382.012, concerning State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air;



## 39 TexReg 7744 September 26, 2014 Texas Register

### THSC, §382.017, concerning Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act; and THSC, §382.202, concerning Vehicle Emissions Inspection and Maintenance Program, which authorizes the commission to establish vehicle fuel content standards after January 1, 2004. The adopted repeal implements THSC, §§382.002, 382.011, 382.012, 382.017, and 382.202. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office ofthe Secretary of State on September 12, 2014. TRD-201404379 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Effective date: October 2, 2014 Proposal publication date: April11, 2014 For further information, please call: (512) 239-2141 

# • • CHAPTER 115. CON OL OF AIR POLLUTION FROM V LATILE ORGANIC COMPOUNDS The Texas Commission on nvironmental Quality (TCEQ, agency, or commission) adopt the amendments to §§115.10, 115.221, 115.222, 115.224-11 .227, and 115.229. Sections 115.10, 115.226, a d 115.227 are adopted with changes 

### to the proposed tex as published in the April 11, 2014, issue of the Texas Regi er

### (39 TexReg 2760). Sections 115.221, 115.222, 115.224, 11 .225, and 115.229 are adopted without changes 

### to the propos text and, therefore, will not be republished. The adopted amendments will submitted to the United States Environmental Protection Agen y (EPA) as a revision to the state implementation plan (SIP). Background and Summary oft Factual Basis for the Adopted Rules Stage I vapor recovery for filii g of gasoline storage tanks at gasoline dispensing facilities ( DF) is a reasonably available control technology (RACT) requi ement for ozone nonattainment areas required under§182 of th Federal Clean Air Act (FCAA) and the Control Techniques Gu deline documents for RACT issued by the EPA. The commissi n's Stage I rules are included in Chapter 115, Control ofAir Poll tion from Volatile Organic Compounds, Subchapter C, Volatile rganic Compound Transfer Operations, Division 2, Filling ofGa oline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensi g Facilities. In addition to fulfilling FCAA RACT requirements f 

### nonattainment areas, the commission adopted rule revisions t the Chapter 115 Stage I rules in 1999 implementing the Stag I vapor recovery option of the Texas Clean Air Strategy (TCA ) for certain ozone attainment counties. The revisions were ne element of the new TCAS, which included a variety of optio s that affected areas could implement to meet or maintain th National Ambient Air Quality Standard (NAAQS) for ground I vel ozone. The purpose ofthe strategy was to reduce overall b kground levels of ozone in orderto assist in keeping ozone att inment areas and near-nonattainment areas in compliance wi the federal ozone standards. It was also to help the ozone no attainment areas move closer to ultimately reaching attainment with the ozone NAAQS. The effectiveness of Stage I va or recovery rules relies on the captured vapors being effective! contained within the gasoline tank truck during transit and cont lied when the transport vessel is refilled at a gasoline terminal or asoline bulk plant. Otherwise, the emissions captured at the G Fwill simply be emitted during transit or when the transport v sel is refilled, resulting in no reduction in volatile organic com ound (VOC) emissions despite the Stage I requirements. The Stage I vapor recovery rul apply to GDFs that have installed Stage II vapor recovery e uipment in the Houston-Galveston-Brazoria (Brazoria, Chamb rs, Fort Bend, Galveston, Harris, Liberty, Montgomery, and W ller Counties), and Dallas-Fort Worth (Collin, Dallas, Denton, El is, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties

. The Beaumont-Port Arthur Area (Hardin, Jefferson, and 

### 0 ange Counties), and El Paso County, which is under an ozo e nonattainment maintenance plan as part of the 1997 eight- our ozone standard, are also subject to the Stage I vapor reco ery requirements. These rules regulate the filling of gasoline s orage tanks at GDFs by tank trucks. To comply with Stage I equirements, a vapor balance system is typically used to captu e the vapors from the gasoline storage tanks that will otherwise e displaced to the atmosphere as these tanks are filled with gas line. The captured vapors are routed to the gasoline tank truck and the vapors are processed by a vapor control system when the tank truck is subsequently refilled at a gasoline terminal or asoline bulk plant. Initially, the 1999 amendments to Chapter 115 extended the existing Chapter 115 Stage I va or recovery and gasoline tank truck leak testing requirements to 95 counties in the eastern half of Texas. These counties i eluded: Anderson, Angelina, Aransas, Atascosa, Austin, Bas op, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Cal well, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, C oke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Fra klin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grime Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopki s, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kauf n, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison Marion, Matagorda, Mclennan, Milam, Morris, Nacogdoch s, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, R d River, Refugio, Robertson, Rockwall, Rusk, Sabine, San ugustine, San Jacinto, San Patricio, Shelby, Smith, Some II, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, alker, Washington, Wharton, Williamson, Wilson, Wise, and ood. Ellis, Johnson, Kaufman, Parker, and Rockwall Counties ere subsequently designated nonattainment for the 1997 eigh -hour ozone standard on June 15, 2004, and the Stage I rules were revised to include these counties under the ozone non ttainment area requirements through rulemaking adopted on April 13, 2005. Wise County in the Dallas-Fort Worth area h s been designated as nonattainment for the 2008 eight-ho r ozone standard but has not been included in this rule revisi n as a county in which Stage I applies. The executive direct r has approved initiation of a future rulemaking project (Rule Project No. 2013-048-115-AI) to address VOC RACT requirem nts, including Stage I requirements, for Wise County that ar necessary as a result of the designation. These rules are te atively scheduled for proposal in December 2014.



## ADOPTEDRULES September 26,2014 39 TexReg 7745