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 by Reducing and Preventing Pollution 

January 5, 2015 

Ron Curry 

Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mr. Curry: 

Docket No. 2013-1869-RUL 

Rule Project No. 2014-002-114-AI 

On September 10, 2014, the Texas Commission on Environmental Quality (Commission) adopted 

revisions to the State Implementation Plan (SIP). 

The Commission adopted amended Sections 114.301, 114.306, 114.307, 114.309, and repealed Section 

114.304 of 30 Texas Administrative Code, Chapter 114, Control of Air Pollution from Motor Vehicles, 

and corresponding revisions to the state implementation plan. 

The adoption will 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. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the 

public hearing, and the accompanying order. I look forward to your expeditious approval of these SIP 

revisions. 

~u~ Bryan W. Shaw, Ph.D., P.E. 

Chairman 

BWS/ts 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Nate Hickman, Office of Budget, Planning and Policy, Office of the Governor . 

Mr. Richard A 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 certify that the attached electronic file is included and that the electronic file is a 

true and correct copy of documents for a revision to the Texas State Implementation Plan, 

adopted on September 10, 2014, pursuant to 40 Code of Federal Regulations § 51.104. I am 

the records administrator for the Air Quality Division of the Texas 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 of the 

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 of Austin, Mayor's Office 

City of Dallas, Department of Environmental Quality 

City of Dallas, Department of Aviation 

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 of Transportation 

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 Of A PUBLIC 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 §§114.3011

• 

114.306, 114.307, 114.309, aM 

repealed §114.304 of 30 TAC 

Chaoter 114, Control of Air Pollution 

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 for gasoline producers 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 Park 35 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, or faxed 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. referE:nce Rule Project Number 2014--

002·114-AI. The comment perlod closes May 12, Z014. Copies of the 

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 

of the 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 of Water, 

(512) 239-1375. 

TRD-201401401 

Robert Martinez 

Director, Environmental Law Divisi 

Texas Commission on Environmen 

Filed: March 28,2014 

• • 

Notice of Public 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 

of Air 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 of Texas 

Health and Safety Code, §382.017; Texas Government Code, Chapter 

2001, Subchapter B; and 40 Code of Federal 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 of MTBE 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 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. 

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 of Public 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 of Texas 

Health and Safety Code, §382.0 17 Texas Government Code, Chapter 

2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of 

the United States Environmental P otection Agency (EPA) concerning 

SIPs. 

The proposed rulemaking 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 of the 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 20 IS; 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 of oral or written comments 

by interested persons. Individual may present oral statements when 

called upon in order of registratio . Open discussion will not be permitted during the hearing; howeve , commission staff members 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 of Legal 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 

of the 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 . 

IN ADDITION Aprilll, 2014 39 TexReg 2983 
Bryan W. Shaw, Ph.D., P.E., Chairman 

Toby Baker, Commissioner 

Zak Covar, Commissioner 

Richard A. Hyde, P.E., Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

NOTICE OF A PUBLIC HEARING ON PROPOSED REVISIONS TO 30 TAC 

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) 

amended §§114.301, 114.306, 114.307, 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) under the requirements of Texas Health and Safety Code, §382.017; 

Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal 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-tertiarybutyl-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 of MTBE 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 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. 

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:jjwwws.tceq.texas.govjrulesjecomments/. 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://www.tceq.texas.govjnavjrulesjpropose_adopt.html. For further 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 our customer service? tceq. texas.gov I go to I customersurvey 

printed on recycled paper 
period 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 on the state electronic 

business daily, commonly known s the Texas Marketplace, information regarding any solicitation rei ed to a grant or series of grants, any 

of which 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 

of this title (relating to Direct Aw d). 

(c) If one 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 second notice in the stat 's electronic business daily identifying the successful recipients and in icating the amount of each awarded 

grant. 

(e) In addition, the execut e director may 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 of the 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 of the 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 2753 
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 of the 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 of the Federal Register (66 FR 20927). 

Subsequently, with the passage of the 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 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 11 0(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 of the 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 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 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 ofVOC to assist in attainment and maintenance 

of the 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 amendment 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 a prohibition on the increased use of MTBE 

to comply with the rules. 

§114.304, Registration of Gasoline 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 of the low RVP gasoline 

rules. Repealing this section would 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 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 of the 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, Exemptions 
The 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 of the Energy Policy Act of 2005. 

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 of oxygenates 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 of the 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 regulatory flexibility 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 of the 

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, or the public health and safety of the state or a sector of 

the state. Additionally, the proposed rulemaking does not meet 

any of the 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 of which 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 of the 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 of the economy, productivity, competition, 

jobs, the environment, or the public health and safety of the state 

or a sector of the 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 of 42 United 

States Code (USC), §7410, which requires states to adopt a SIP 

that provides for the implementation, maintenance, and enforcement of the NAAQS in each air quality control region of the 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 of emissions 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 2755 
appropriate 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 not free to ignore the requirements of 42 USC, §7 410, 

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 of the 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 of the 

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 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 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 of the 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 of the 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 of Texas 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 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. 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 under the Texas Government Code, Chapter 2007. For these 

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 consistent with CMP 

goals and policies because the proposed rulemaking is to remove outdated and obsolete portions of the 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 of this 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 2757 
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; 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 of this 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 in the operation of 

affected facilities and all transfers or alterations of gasoline not meeting the requirements of this section must be completed as necessary to 

conform with the provisions of subsection (a) of this section during the 

following periods of each calendar year: 

(1) June 1 through October 1 of each year for gasoline dispensing facilities; and 

(2) May 1 through October 1 of each year for all other affected facilities. 

ffe) Ne proffil€ef shal-l the ffierease the t~Se ef methyl tertiary 

lmtyl ether ffi gawlffie en aa average per galien basts 4:lriHg the periOO 

ef May + thretigh ~ + ef aay ealerulaf year ever that 'ltSed ffi the 

periOO May.}. thretigh ~ .J:.; .J:9.9S ffi oonferm with SHBSeetien fat 

ef this 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 of this 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) subject to the provisions of§ 114.301 of this title must maintain 

copies or records of product transfer documents for a minimum of two 

years and shall upon request, make such copies or records available to 

representatives of the commission, EPA, or local air pollution agency 

having jurisdiction in the area. The product transfer documents must 

contain, at a minimum, the following information: 

(1) the date of transfer; 

(2) the name and address of the transferor; 

(3) the name and address of the transferee; 

39 TexReg 2758 Aprilll, 2014 Texas Register 

f€41 ffi the ease ef transfurers er transfurees wlli} are pretiooers er imperters, the registratien ffilll:lber ef these persens as assigned by the eemmissien Hnt!er § 114 .3 ()4 ef this title (rela#Rg ro Regi:stratien: ef Gaseline Predueers aad Imperters);] 

ffi [~] the volume of gasoline being transferred; 

ill [{6f] the location of the gasoline at the time of transfer; 

and 

ill [f71] the following certification statement: "This product complies with the requirements for Reid vapor pressure specified in 

Title 30 Texas Administrative Code, § 114.301 and may be used in any 

Texas county requiring gasoline with a maximum RVP of 7.8 pounds 

per square inch." 

ffe) EaOO proffil€ef aad imperter subjeet ro the previsiens ef 

§ 114 .3 Q1 ef this title shal-l submit ro the executive dtrecter, er hls designated representative, by Nevember W ef eaeh year, a repert whieh 

ffic1udes a quantificatien ef the rota! gal-lens ef gawlffie aad the rota! 

gal-lens ef M+BE centained ffi gawlffie fer whieh the transfer tloouments oontain the statement ffi subsectien tb)f71 ef this seetien 4:lriHg 

the periOOs May+ thretigh ~ + ef .J:9.9S aad May+ thretigh G€t&-

ber + ef the eurrent calendar year. .:rhe certifying repert shal-l attest that 

all informatien centained ffi the repert is true aad aceurate aad is baseti 

en knewledge ef the certifying ~ .:rhe repert must alse Hwlude 

eftfler.j 

lfl-) a certificatien statement that the tiSe efM+B-E ffi gaseline fer whieh the transfer decuments oontain the statement ffi subseetien tb)f71 ef this seetien 4:lriHg the periOO May + thretigh ~ + 

ef the eurrent ealerulaf year has net increased en aa average per ga1loo: 

basts ever that ffi the peHe4 May+ thretigh ~ +; ~ er] 

~ntheaveragepergalient~SeefM+B-E4:1ringthe~ 

ried May .}. thretigh ~ 1 ef the eurrent calendar year exreeds the 

average per galien tiSe ef M+B-E during the peHe4 May+ thretigh G€-

rober +; -1-998, decumentatien aad el(planatien ef the basts fer the tnereased tiSe ffi a maaner sufficient ro demenstrate that the proffil€ef er 

imperter did net increase the tiSe ef M+BE 4:lriHg the peHe4 oovered 

by the certificatien ro oonferm with § 114.3Ql(a) efthis title,} 

§114.307. Exemptions. 

(a) The following uses are exempt from §§114.301, 114.305, 

and 114.306 of this title (relating to Control Requirements for Reid Vapor Pressure; Approved Test Methods; and Recordkeeping[, Reperting, 

aad Certificatien] Requirements): 

(1) any stationary tank, reservoir, or other container: 

(A) used exclusively for the fueling of implements of 

agriculture; or 

(B) with a nominal capacity ofSOO 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 

manufacturers for research, development, or test purposes; or any gasoline to be used by, or under the control of petroleum, 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 of petroleum, 

additive, automobile, engine, component products, is exempt from the 

provisions of this 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, or testing 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, or engine 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 of this division, provided that: 

(1) the fuel is kept segregated from non-exempt fuel, and 

the party possessing the fuel for the purposes of refining, 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) of this subsection; and 

(3) the fuel is not sold, dispensed, transferred, or offered 

for sale, dispensing, or transfer 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) of this 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 of this title (relating to Affected Counties), except for that used in conjunction with purposes 

stated in subsections (a)- (c) of this section; or 

(2) a gasoline-powered spark-ignition engine in non-road 

equipment in the counties listed in §114.309 of this 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 of this 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 of the 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 of the fol owing section proposed for repeal 

will not be published. Jhe section ay be examined in the offices of the 

Texas Commission on Environme a! Quality or in the Texas Register 

office, James Earl Rudder Bui/din 1019 Brazos 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 of the 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 and Importers. 

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 of the 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 WRITTEN TESTIMONY 

Submitted by 

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 a statewide trade association representing the wholesale and retail 

segments of the petroleum and food Industries. Our members own. operate or supply over 10,000 retail 

outlets with grocery, convenience and petroleum products throughout the state of Texas. 

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 support the changes and would urge the TCEQ Commissioners to adopt the rule 

amendments as proposed In the Aprllll, 2014 edition of the 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 of the comment that was submitted for the referenced rulemaking. 

First Name: Mari 

LastName:Fluckel 

W-2 

Company/ Organization: Texas Oil and Gas Association E-mail Address: 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 provided by the Texas Oil and Gas Association regarding the proposed rule for 

2014-002-114-Al. 

Thank you for the opportunity to comment on this important issue. 

1 
Jonny Jones, Austm 

C.n,J;~rr~t~n 

Robert L. Looney. Austin 

Debbra M. Hastings, Austin 

E) >:'C:~t;";t> \/:;."'~ .flr<::::::d.:-;·H 

Wllliam L. Ennis, Austin 

Cory A. Pomeroy, Austin 

Mari V. Ruckel, Austin 

Jim Sierra, Austin 

District Vice-Presidents 

Harold D. Courson, Amarillo 

Lance R. Byrd, Dallas 

Dan Allen Hughes, Jr., Beeville 

Allan D. Frizzell, Abilene 

Dav!d W. Killam, Laredo 

Curtis W. Mewbourne, Tyler 

Alan L. Smith, Houston 

Douglass C. Robison, Midland 

W. M. Thacker, fr, Wichita Falls 

~:-ex::: 

TEXAS OIL Be GAS ASSOCIATION I SINCE 1919 

May 12,2014 

Mr. Bruce McAnnally 

MC 205, Office ofLegal Services 

Texas Commission on Environmental Quality 

Post Office Box 13087 

Austin, Texas 78711-3087 

Submitted at: http://www5.tceq.texas.gov/ruleslecomments/ 

RE: Commission Approval for Proposed Rulemaking Chapter 114, Control of Air 

Pollution from Motor Vehicles Low Reid Vapor Pressure (RVP) Gasoline Program 

Rule Revisions Rule Project No. 2014-002-114-AI 

Dear Mr. McAnnally: 

TXOGA is a non-profit corporation representing the interests of the oil 

and gas industry in the State of Texas. Founded in 1919, TXOGA is the largest 

and oldest petroleum organization in Texas, representing more than 5,000 

members. The membership of TXOGA produces in excess of 90 percent of 

Texas's crude oil and natural gas, operates nearly 100 percent of the 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 of over $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 of the 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) 4 78-6631. 

Sincerely, 

1fL~1feuU 

Marl Ruckel 

Vice President 

Government and Regulatory Affairs 

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

NO ORAL TESTIMONY WAS RECEIVED PERTAINING TO THIS RULE REVISION. 
:-·--·--------------------------------------

HEARING OFFICER REPORT 

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 staff and a court reporter were present for the public 

hearing. 

At 9:30a.m.:, the room was opened and TCEQ staff was 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 

transcript was not prepared. 

Date signed 

~ 

' 
EVALUATION 
Texas Commission on Environmental Quality 

Interoffice Memorandum 

To: Commissioners Date: August 22, 2014 

Thru: Bridget C. Bohac, Chief Clerk 

Richard A. Hyde, P.E., Executive Director 

From: Steve Hagle, P.E., Deputy Director, Office of Air 

Docket No.: 2013-1869-RUL 

Subject: Commission Approval for Rulemaking Adoption 

Chapter 114, Control of Air Pollution from Motor Vehicles 

Low RVP Gasoline Program Rule Revisions 

Rule Project No. 2014-002-114-AI 

Background and reason(s) for the rulemaking: 

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. 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. 

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. 

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 Texas Commission on Environmental Quality (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, 
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, San Jacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, 

Tyler, Upshur, VanZandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, 

Wise, and Wood Counties. 

The use of MTBE as an oxygenate for compliance with federal reformulated gasoline 

regulations (RFG) 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 adopt the MTBE prohibition specified in §114.301(c) in April 

2000 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 April 2000 to enhance the enforceability of the MTBE prohibition 

specified in §114.301(c). The United States Environmental Protection Agency (EPA) 

approved the Low RVP Gasoline Program rules in Chapter 114 as a state implementation 

plan (SIP) control strategy for the one-hour ozone National Ambient Air Quality Standard 

(NAAQS) in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas 

on April26, 2001 (66 FR 20927). 

Subsequently, with the passage of the 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 Texas Administrative Code (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. 
Commissioners 

Page3 

August 22, 2014 

Re: Docket No. 2013-1869-RUL 

Scope of the rulemaking: 

The adopted rule revision will amend Chapter 114 as follows: 

• amend §114.301 to remove the prohibition on the increased use of MTBE in gasoline 

to conform to the low RVP gasoline requirements; 

• repeal §114.304 to remove the registration requirements for gasoline producers and 

importers that supply low RVP gasoline to the affected 95 counties; 

• amend §114.306 to remove the annual reporting and certification requirements on 

the use of MTBE in the low RVP gasoline and to make clarifying changes to the 

section heading as needed for accuracy and consistency with the adopted changes to 

the section; and 

• amend §114.307 and §114.309 to make non-substantive clarifying changes as needed 

for accuracy and consistency with the adopted changes to §114.306. 

A.) Summary of what the rulemaking will do: 

The adopted rule making will 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. 

B.) Scope required by federal regulations or state statutes: 

None. 

C.) Additional staff recommendations that are not required by federal rule or 

state statute: 

None. 

Statutory authority: 

The amendments and repeal are adopted under Texas Water Code (TWC), §5.103, 

concerning Rules; TWC, §5.105, 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: Regulations, which provides the 

commission with the authority to adopt and enforce rules to protect and preserve 

underground water quality. The amendments and repeal 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 the 
Commissioners 

Page4 

August 22, 2014 

Re: Docket No. 2013-1869-RUL 

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. 

Effect on the: 

A.) Regulated community: 

The adoption will have a beneficial effect on the regulated gasoline producers and 

importers since it will remove obsolete administrative requirements, such as annual 

reporting to certify no increase in the use of MTBE in gasoline, which has not been an issue 

since 2005. 

B.) Public: 

The adoption will have no effect on the public since the primary controls specified in the 

rules that require the sale of low RVP gasoline during the ozone season will remain 

unchanged. 

C.) Agency programs: 

The adoption will have a beneficial effect on current agency programs by allowing staff 

resources allocated to administer the registration and annual MTBE reporting provisions 

of the Regional Low RVP Gasoline Program to be assigned to different tasks. 

Stakeholder meetings: 

None. 

Public comment: 

The commission offered a public hearing on May 8, 2014, in Austin, 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 (TFF A) and the Texas Oil and Gas Association 

(TXOGA). Both commenters were in support of the rule changes. 
Commissioners 

Pages 

August 22, 2014 

Re: Docket No. 2013-1869-RUL 

Significant changes from proposal: 

None. 

Potential controversial concerns and legislative interest: 

Although the adopted revisions primarily address administrative requirements, the EPA 

may require further documentation to demonstrate compliance with the anti-backsliding 

provisions of Section 110(1) of the Federal Clean Air Act. In addition, the adopted removal 

of the prohibition on the increased use of MTBE to meet low RVP gasoline requirements 

may generate concern from the public that this removal could cause an increase in the use 

of MTBE in all gasoline as a result, especially if there was any change to the current federal 

ethanol mandates. However, gasoline producers are already allowed to add MTBE to 

gasoline for other reasons, such as octane enhancement, under the current regulations. An 

increased use of MTBE is unlikely due to concerns by gasoline producers with their lack of 

liability protection under federal law for potential MTBE contamination of groundwater 

and surface water. 

Does this rulemaking affect any current policies or require development of 

new policies? 

This adopted rulemaking will have no significant effect on any current policy nor will it 

require any new policies to be developed. 

What are the consequences if this rulemaking does not go forward? Are there 

alternatives to rulemaking? 

1. Refrain from rulemaking and maintain the status quo of requiring the submission 

of annual MTBE reports and the registration of new gasoline producers and 

importers. 

2. Exercise enforcement discretion for annual MTBE reporting and for any new 

registration. 

Key points in the adoption rulemaking schedule: 

Texas Register proposal publication date: Apriln, 2014 

Anticipated Texas Register adoption publication date: September 26, 2014 

Anticipated effective date: October 2, 2014 

Six-month Texas Register filing deadline: October 13, 2014 
Commissioners 

Page6 

August 22, 2014 

Re: Docket No. 2013-1869-RUL 

Agency contacts: 

Morris Brown, Rule Project Manager, (512) 239-1438, Air Quality Division 

Terry Salem, Staff Attorney, (512) 239-0469 

Bruce McAnally, Texas Register Coordinator, (512) 239-2141 

Attachments: 

None. 

cc: Chief Clerk, 2 copies 

Executive Director's Office 

Marshall Coover 

Tucker Royall 

Pattie Burnet 

Office of General Counsel 

Morris Brown 

Bruce McAnally 
EVALUATION OF TESTIMONY 

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 April11, 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 methyl1 
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 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, VanZandt, Victoria, Walker, Washington, Wharton, 

Williamson, Wilson, Wise, and Wood Counties. 

2 
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 adopt the MTBE prohibition specified in 

§114.301(c) in April2ooo 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 April2ooo to enhance the enforceability of 

the MTBE prohibition specified in §114.301(c). The EPA approved the Low RVP 

Gasoline Program rules in Chapter 114 as a SIP control strategy for the one-hour ozone 

NAAQS in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas 

in the April26, 2001, issue of the Federal Register (66 FR 20927). 

Subsequently, with the passage of the 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 

3 
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 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 will interfere with any applicable requirement concerning attainment and 

reasonable further progress, or any other applicable requirement of the 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, 

4 
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 

of the 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. 

5 
§114.304, Registration of Gasoline 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 register with 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 of the 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 for the implementation 

of the 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) 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 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 of the Chapter 114low 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 

6 
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 of the 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 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, or the public 

health and safety of the state or a sector of the state. Additionally, the adopted 

rulemaking does not meet any of the 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 of which 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 

7 
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 of the 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 of the use of MTBE as a oxygenate for low RVP fuel. 

Requiring gasoline producers to register, document, and report use ofMTBE 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 of the economy, productivity, competition, jobs, the environment, or 

the public health and safety of the state or a sector of the 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 of the NAAQS in each air quality control region of the 

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 

8 
incentives such as fees, marketable permits, and auctions of emissions 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 public to 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 not free to ignore the 

requirements of 42 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 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 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 

9 
require assessment under the provisions of the 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 of the ongoing need to address 

nonattainment issues and to meet the requirements of 42 USC, §7 410, 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 of the FCAA. 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 

10 
Code but left this provision substantially un-amended. 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 

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 Coastal Indust. 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 (AP A) 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 of the 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 of Texas 

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 

11 
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 of 

the 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 

12 
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 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. The adopted 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 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" under Texas 

Government Code, Chapter 2007. Promulgation and enforcement of these 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 

13 
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 adopted 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 will otherwise exist in the absence of 

the regulations. Therefore, these rules will not constitute a taking under the Texas 

Government Code, Chapter 2007. For these 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 

§sos.n(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 §sos.n(b)(2) 

applies only to air pollutant emissions, on-site sewage disposal systems, and 

underground storage tanks. 31 TAC §sos.n(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 Advisory Committee and 

determined that the revisions are consistent with CMP goals and policies because the 

adopted rulemaking is to remove outdated and obsolete portions of the 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 

14 
CMP; and promulgation and enforcement of the 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 Austin, 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 

TFF A 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 

benefit to the state and are unnecessary to regulation of the primary gasoline volatility 

15 
control requirements of the rule. 

The commission appreciates the support. 

16 
RECOMMENDATION 
SUBCHAPTER H: LOW EMISSION FUELS 

DIVISION 1: GASOLINE VOLATILITY 

§114.307 and §114.309 

Statutory Authority 

The amendments are adopted under Texas Water Code (TWC), §5.103 and §5.105, 

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 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. 

1 
§114.307. Exemptions. 

(a) The following uses are exempt from §§114.301, 114.305, and 114.306 of this 

title (relating to Control Requirements for Reid Vapor Pressure; Approved Test 

Methods; and Recordkeeping Requirements): 

(1) any stationary tank, reservoir, or other container: 

(A) used exclusively for the fueling of implements of agriculture; or 

(B) with a nominal capacity of soo 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 manufacturers for research, 

development, or test purposes; or any gasoline to be used by, or under the control of 

petroleum, 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 of petroleum, additive, 

automobile, engine, component products, is exempt from the provisions of this 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, or testing fuel, as applicable, and stating that it is to be used only 

for research, development, or testing purposes; and 

2 
(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, or 

engine 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 of 

this division, provided that: 

(1) the fuel is kept segregated from non-exempt fuel, and the party 

possessing the fuel for the purposes of refining, 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) of this subsection; and 

(3) the fuel is not sold, dispensed, transferred, or offered for sale, 

dispensing, or transfer 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) of this title. 

3 
(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 of this title (relating to Affected Counties), except for that 

used in conjunction with purposes stated in subsections (a)- (c) of this section; or 

(2) a gasoline-powered spark-ignition engine in non-road equipment in 

the counties listed in §114.309 of this 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 - 114.307 of this title (relating to Control Requirements for Reid 

Vapor Pressure; Approved Test Methods; Recordkeeping 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, 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, 

4 
Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, VanZandt, Victoria, 

Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood. 

5 
SUBCHAPTER H: LOW EMISSION FUELS 

DIVISION 1: GASOLINE VOLATILITY 

Statutory Authority 

The repeal is adopted under Texas Water Code (TWC), §5.103 and §5.105, 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 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; 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. 

§114.304. Registration of Gasoline Producers and Importers. 

6 
!'"··"'-·'- -··· 

TEXAS COMMISSION ON ENVIRONMENTAL QUALI'I~)(, 

ORDER ADOPTING AMENDED AND REPEALED RULES AND 

REVISIONS TO THE STATE IMPLEMENTATION PIAN 

Docket No. 2013-1869-RUL 

Rule Project No. 2014-002-114-AI 

On September 10, 2014, the Texas Commission on Environmental Quality 

(Commission), during a public meeting, considered adoption of amended Sections 114.301, 

114.306, 114.307, 114.309, and the repeal of Section 114.304 of 30 Texas Administrative Code, 

Chapter 114, Control of Air Pollution from Motor Vehicles, and corresponding revisions to the 

state implementation plan (SIP). 

' 

The Commission adopts amended Sections 114.301, 114.306, 114.307, 114.309, and the 

repeal of Section 114.304 of 30 Texas Administrative Code, Chapter 114, Control of Air 

Pollution from Motor Vehicles, and corresponding revisions to the SIP. The adoption will 

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 of MTBE in low RVP gasoline; and make other non-substantive clarifying changes as 

needed for accuracy and consistency. 

Under Tex. Health & Safety Code Ann.§§ 382.011, 382.012, and 382.023 (Vernon 

2010), the Commission has the authority to control the quality of the state's air and to issue 

orders consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 of 

the Tex. Health & Safety Code. The proposed rules were published for comment in the April 

11, 2014, issue of the Texas Register (39 TexReg 2753). 

Pursuant to Tex. Health & Safety Code Ann.§ 382.017 (Vernon 2010), Tex. Gov't Code 

Chapter 2001 (Vernon 2008), and 40 Code of Federal Regulations§ 51.102, and after proper 

notice, the Commission offered a public hearing to consider the amended and repealed rules 

and revisions to the SIP on May 8, 2014, in Austin, Texas. Proper notice included prominent 

advertisement in the areas affected at least 30 days prior to the date of the hearing. The 

hearing was not officially opened because no one registered to provide oral comments at the 

hearing. 

The Commission circulated hearing notices of its intended action to the public, 

including interested persons, the Regional Administrator of the EPA, and all applicable local 
'''-\.'\\\\It 

.\ ,_~llll.. 

' ' ' " ' ' ' '1 

air·pollutiQ~~·to:nt}:pl agencies. The public was invited to submit data, views, and 

recornt.ilend.0t.i6ps -on the proposed amended and repealed rules and SIP revisions, either 

orally(. or hi .v.~~ting, at the scheduled hearing or during the comment period. Prior to the 

sch~duled.he,aHng, copies of the proposed amended and repealed rules and SIP revisions 

were availaple.for public inspection at the Commission's central office and on the 

Commissiort's Web site. 

Data, views, and recommendations of interested persons regarding the proposed 

amended and repealed rules and SIP revisions were submitted to the Commission during the 

comment period, and were considered by the Commission as reflected in the analysis of 

testimony incorporated by reference to this Order. The Commission finds that the analysis of 

testimony includes the names of all interested groups or associations offering comment on 

the proposed amended and repealed rules and the SIP revisions and their position concerning 

the same. 

IT IS THEREFORE ORDERED BY THE COMMISSION that the amendments and 

repealed rules and revisions to the SIP incorporated by reference to this Order are hereby 

adopted. The Commission further authorizes staff to make any non-substantive revisions to 

the rules necessary to comply with Texas Register requirements. The adopted rules and the 

preamble to the adopted rules and the revisions to the SIP are incorporated by reference in 

this Order as if set forth at length verbatim in this Order. 

IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the 

Commission, the Chairman should transmit a copy of this Order, together with the adopted 

rules and revisions to the SIP, to the Regional Administrator of EPA as a proposed revision to 

the Texas SIP pursuant to the Federal Clean Air Act, codified at 42 U.S. Code Ann. §§ 7401-

7671q, as amended. 

This Order constitutes the Order of the Commission required by the Administrative 

Procedure Act, Tex. Gov't Code,§ 2001.033 (Vernon 2008). 

If any portion of this Order is for any reason held to be invalid by a court of competent 

jurisdiction, the invalidity of any portion shall not affect the validity of the remaining 

portions. 

Issued date: SEP 1 9 2014 

TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 
licensed prosthetist/orthotist always s cifically extends to having disciplinary action taken against the lie se of the 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 of work described in both paragra hs (1) and (2) of this subsection 

and is subject to the supervision requi ements described there. 

( 4) Assistants may only p ctice in a facility accredited under §821.15 of this title (relating to A reditation of Prosthetic and Orthotic Facilities), or a facility that is ex mpt under the Act, §605.260(e). 

(c) Qualifications for licensu e as an assistant. The applicant 

must submit evidence-satisfactory tot e board of having completed the 

following: 

(1) successful completion of coursework from a college or 

university accredited by a regional ac rediting organization such as the 

Southern Association of Colleges an Schools that included at a minimum: 

(A) six credit hours of anatomy and physiology; 

(B) three credit hours f algebra or higher mathematics; 

(C) three credit hours fphysics or chemistry; and 

(2) a clinical residency fo assistants of not less than 1,000 

hours in prosthetics or 1,000 hours i orthotics, completed in a period 

of not more than six consecutive mo hs, in a facility that is accredited 

under §821.15 of this 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 of res 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 or orthotic 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 or orthoses or both, d ending on the type of residency. 

(C) The clinical resi ncy shall include an orientation 

comparing and contrasting the dutie of a licensed assistant with the 

duties of the 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. If terminating or completing a residency, the written documentation shall indicate t e number of hours, 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 of the agency's legal authority. 

Filed with the Office of the 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 Register 
through October 1 each year over that 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 adopt the 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 of the 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 of the Federal Register (66 FR 20927). 

Subsequently, with the passage of the 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 11 0(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 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 will interfere with 

any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the 

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 

of the 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. 

ADOPTED RULES September 26, 2014 39 TexReg 7741 
§114.304, Registration of Gasoline 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 register with 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 of the 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 for the implementation of the 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 of the 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 of the 

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 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, or the public health and safety of the state or a sector 

of the state. Additionally, the adopted rulemaking does not meet 

any of the 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 of which 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 of the 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 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 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 of the economy, productivity, competition, 

jobs, the environment, or the public health and safety of the 

state or a sector of the 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), §7 410, which requires states to adopt a SIP 

that provides for the implementation, maintenance, and enforcement of the NAAQS in each air quality control region of the 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 of emissions 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 public to 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, §7 410. 

States are not free to ignore the requirements of 42 USC, §7 410, 

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 of the 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 un39 TexReg 7742 September 26, 2014 Texas Register 
der the provisions of the 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 of the 

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 of the FCAA. 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 un-amended. 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 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 of the 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 of Texas 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 of the 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 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. The adopted 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 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" under Texas Government Code, Chapter 2007. Promulgation and enforcement of these 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 

ADOPTED RULES September 26,2014 39 TexReg 7743 
longer necessary for the implementation and enforcement of the 

primary gasoline volatility control requirements of the 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 under the Texas Government Code, Chapter 2007. For these 

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 

of the Coastal Coordination Advisory Committee and determined 

that the revisions are consistent with CMP goals and policies because the adopted rulemaking is to remove outdated and obsolete portions of the 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. 

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 benefit to the state 

and are unnecessary to regulation of the 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 of the 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 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. 

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 of the 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 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 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 of the 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 of Air Poll tion from Volatile Organic Compounds, Subchapter C, Volatile rganic Compound Transfer Operations, Division 2, Filling of Ga 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 of the 

strategy was to reduce overall b kg round levels of ozone in order to 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 F will 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. 

ADOPTED RULES September 26,2014 39 TexReg 7745