57302 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 

(2) The significant new use is use in 

consumer textiles, other than for use in 

motor vehicles. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Definitions. The definitions in 

§ 721.3 apply to this section. In 

addition, the following definitions 

apply: 

Consumer textile means any cloth, 

fabric, or other item produced during a 

milling process for textiles (including 

spinning, weaving, knitting, felting, or 

finishing), that is sold or made available 

either as a product or as part of a 

product, to a private individual who 

uses it in or around a permanent or 

temporary household or residence, 

during recreation, or for any personal 

use or enjoyment. Consumer textiles can 

include, but are not limited to, bolts of 

cloth and draperies, as well as textiles 

that are part of upholstered household 

furniture and mattresses. 

Motor vehicle has the meaning found 

at 40 CFR 85.1703. 

(2) Revocation of article exemption. 

The provisions of § 721.45(f) do not 

apply to importers and processors of the 

chemical substances identified in 

paragraph (a)(1) of this section as part of 

a textile. 

[FR Doc. 2015–24178 Filed 9–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0079; FRL–9932–51– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; Revision 

To Control Volatile Organic Compound 

Emissions From Storage Tanks and 

Transport Vessels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a Texas State 

Implementation Plan (SIP) revision for 

control of volatile organic compound 

(VOC) emissions from degassing of 

storage tanks, transport vessels and 

marine vessels. The revision reformats 

the existing requirement to comply with 

current rule writing standards, adds 

additional control options for owner/

operators to use when complying, 

clarifies the monitoring and testing 

requirements of the rule, and makes 

non-substantive changes to VOC control 

provisions that apply in the BeaumontPort Arthur (BPA) nonattainment area 

(Hardin, Jefferson and Orange Counties), 

four counties in the Dallas-Fort Worth 

(DFW) nonattainment area (Collin, 

Dallas, Denton and Tarrant Counties), El 

Paso County, and the HoustonGalveston-Brazoria (HGB) 

nonattainment area (Brazoria, 

Chambers, Fort Bend, Galveston, Harris, 

Liberty, Montgomery and Waller 

Counties). 

The EPA is also making a ministerial 

correction to the Code of Federal 

Regulations (CFR) to accurately reflect 

approved SIP revisions that pertain to 

Stage II control of VOCs from gasoline 

dispensing facilities in Texas. 

DATES: This final rule is effective on 

October 23, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0079. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Todd, (214) 665–2156, 

todd.robert@epa.gov. To inspect the 

hard copy materials, please contact Mr. 

Todd or Mr. Bill Deese (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

The background for this action is 

discussed in detail in our May 13, 2015 

direct final rule and proposal (80 FR 

27251 and 80 FR 27275). In the direct 

final rule we approved a SIP submission 

revising the rules for controlling VOC 

emissions from degassing of storage 

tanks, transport vessels and marine 

vessels. The Texas rule revisions were 

adopted by the state on January 26, 2011 

and submitted to us on February 18, 

2011. The revisions submitted by the 

Texas Commission on Environmental 

Quality (TCEQ) apply to Brazoria, 

Chambers, Collin, Dallas, Denton, El 

Paso, Fort Bend, Galveston, Hardin, 

Harris, Jefferson, Liberty, Montgomery, 

Orange, Tarrant and Waller Counties. 

Our May 13, 2015 rule and proposal 

stated that if any relevant adverse 

comments were received by the end of 

the public comment period on June 12, 

2015, the direct final rule would be 

withdrawn and we would respond to 

the comments in a subsequent final 

action. Relevant adverse comments were 

received during the comment period, 

and the direct final rule was withdrawn 

on June 30, 2015 (80 FR 37161). Our 

May 13, 2015 proposal provides the 

basis for this final action. 

Also, on March 17, 2014 we approved 

revisions to the Texas SIP pertaining to 

Stage II control of VOCs from gasoline 

stations (79 FR 14611). Included in the 

approved revisions was removal of 

sections 115.247 and 115.249 from the 

TX SIP. In that document, however, we 

did not update the CFR to show that 30 

TAC 115.247 and 115.249 were removed 

from the SIP. We are using the 

opportunity of this final rule to correct 

this oversight. 

We received comments on our May 

13, 2015 proposal from two 

commenters. Our response to the 

comments are below. 

II. Response to Comments 

Comment: The first commenter stated 

it would be impractical, and possibly 

unreasonable, to require industry to 

comply with the state regulations unless 

the state took the needs of individual 

sources into account and helped them to 

comply. 

Response: The commenter fails to 

specify how and why the submitted 

revisions would be impractical. In 

addition, these revisions merely modify 

and clarify existing rules which have 

been implemented for several years. 

Requirements to control degassing 

emissions, for example, low-leaking 

tank fittings on some control options, 

monitoring control effectiveness and 

reporting compliance from degassing 

operations were first implemented in 

HGB and BPA (62 FR 27964, May 22, 

1997). In DFW and El Paso County, 

these rules were adopted as contingency 

measures under the 1-hour ozone 

standard (62 FR 27964). The Texas 

Commission on Environmental Quality 

has been successfully implementing 

these degassing regulations in Brazoria, 

Chambers, Fort Bend, Galveston, 

Hardin, Harris, Jefferson, Liberty, 

Montgomery, Orange, and Waller 

Counties for several years and we 

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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 57303 

1 40 CFR 63.562(c) sates the RACT level of control 

applies to vapor tight marine vessel with a vapor 

collection system designed to collect VOC vapors 

displaced from marine tank vessels during loading 

operations. 40 CFR 63.531 defines marine tank 

vessel loading operation as any operation under 

which a commodity if bulk loaded onto a marine 

tank vessel from a terminal. 

haven’t received any information that 

supports the notion that compliance is 

overly burdensome in these counties. 

There is no documented evidence of 

owner/operators of marine vessels 

finding these rules impractical. The 

revisions also make changes to provide 

additional flexibility for affected owners 

and operators allowing for the use of 

alternative control options such as the 

use of a recirculation system, with 

appropriate monitoring to assure the 

effectiveness of the system or an option 

that allows the operator to demonstrate 

compliance by limiting the VOC 

concentration at the outlet of a control 

device to less than 500 parts per million 

(by volume). 

Sources in Collin, Dallas, Denton, El 

Paso and Tarrant Counties have been 

aware of the possibility these 

regulations might affect them for some 

years and the state has been 

implementing them in Collin, Dallas, 

Denton and Tarrant counties since 

February 18, 2011. We have not 

received any indication that sources in 

these areas are not able to comply with 

the degassing requirements. TCEQ also 

submitted these revisions for public 

comment and notice so the public had 

ample opportunity to comment on these 

revisions during the state’s rulemaking 

process. 

Comment: The second commenter 

stated we could not approve the 

degassing rules as reasonably achievable 

control technology (RACT) for Marine 

Vessel Loading Operations subject to the 

40 CFR part 63, subpart Y, Marine 

Vessel Loading Maximum Available 

Control Technology (MACT) standard 

because that federal rule defines RACT 

for this source category more stringently 

than the Texas regulations. RACT in 

part 63, subpart Y is defined as 95% 

control of volatile organic compound 

(VOC) emissions when using a recovery 

device and 98% control when using a 

combustion device. The RACT levels we 

previously approved in Texas’s affected 

counties is 90% control of VOC 

emissions. 

Response: The federal regulation the 

commenter cites, 40 CFR part 63, 

subpart Y, is not applicable to degassing 

operations. The Marine Vessel Loading 

Operations MACT standard does 

contain a RACT requirement defining 

the VOC control efficiencies that 

affected sources must achieve while 

performing marine loading operations. 

40 CFR 63.561 defines marine loading 

operations as any operation under 

which a commodity is bulk loaded onto 

a marine tank vessel from a terminal, 

which may include the loading of 

multiple marine tank vessels during one 

loading operation. However, the 

submitted revisions do not address any 

operations which can be described as 

operations in which a commodity is 

bulk loaded onto a marine tank vessel 

from a terminal, or may include the 

loading of multiple marine tank vessels 

during one loading operation. The 

submitted revision only addresses 

operations that occur during the 

degassing, cleaning or vessel 

maintenance activities covered by the 

Texas regulation.1 The proposed 

revision, 30 TAC Sec. 115.540, defines 

degassing as the process of removing 

volatile organic vapor from a storage 

tank, transport vessel, or marine vessel. 

Degassing operations do not involve 

loading of a bulk commodity and do not 

include marine loading operations as 

defined by 40 CFR 63.561. Therefore, 

subpart Y is not applicable to the 

operations or activity covered by the 

submitted revisions. Therefore, the 

commenters concern that RACT as 

defined in the 40 CFR part 63, subpart 

Y won’t be met in the Texas SIP action 

is unfounded. Inclusion of the Texas 

degassing rule in the Texas SIP is 

appropriate under these circumstances 

and effectively reduces VOC emissions 

from these sources. 

III. Final Action 

We are approving a Texas SIP revision 

for control of VOC emissions from 

storage tank, transport vessel and 

marine vessel degassing operations 

adopted on January 26, 2011, and 

submitted on February 18, 2011. 

Specifically, we are approving revisions 

to 30 TAC 115 at sections 115.540– 

115.547 and 115.549. The revisions (1) 

reformat the existing rule to simplify 

and clarify rule requirements; (2) 

modify VOC control requirements in 

Brazoria, Chambers, Collin, Dallas, 

Denton, El Paso, Fort Bend, Galveston, 

Hardin, Harris, Jefferson, Liberty, 

Montgomery, Orange, Tarrant and 

Waller Counties; (3) make changes to 

provide additional flexibility for 

affected owners and operators allowing 

for the use of alternative control 

options; and (4) make non-substantive 

changes to VOC control provisions that 

apply in Brazoria, Chambers, Collin, 

Dallas, Denton, El Paso, Fort Bend, 

Galveston, Hardin, Harris, Jefferson, 

Liberty, Montgomery, Orange, Tarrant 

and Waller Counties. 

We are also making a ministerial 

correction to the table in 40 CFR 

52.2270(c) to accurately reflect the 

revisions to Stage II control of VOCs 

approved into the Texas SIP on March 

17, 2014 (79 FR 14611). 

IV. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Texas regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

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57304 Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 23, 

2015. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 9, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. In § 52.2270(c), the table titled 

‘‘EPA APPROVED REGULATIONS IN 

THE TEXAS SIP’’ is amended by 

removing the entries for Sections 

115.247 and 115.249, adding an entry 

for Section 115.540, and revising the 

entries for sections 115.541 through 

115.547 and 115.549 to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/Subject 

State 

approval/ 

Submittal date 

EPA approval date Explanation 

*******

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

*******

Subchapter F—Miscellaneous Industrial Sources 

*******

Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels 

Section 115.540 ................ Applicability and Definitions ........................................ 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

Section 115.541 ................ Emission Specifications .............................................. 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

Section 115.542 ................ Control Requirements ................................................. 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

Section 115.543 ................ Alternate control Requirements .................................. 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

Section 115.544 ................ Inspection, Monitoring, and Testing Requirements .... 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

Section 115.545 ................ Approved Test Methods ............................................. 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

Section 115.546 ................ Recordkeeping and Notification Requirements .......... 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

Section 115.547 ................ Exemptions ................................................................. 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations 57305 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/Subject 

State 

approval/ 

Submittal date 

EPA approval date Explanation 

Section 115.549 ................ Compliance Schedules ............................................... 1/26/2011 9/23/2015 [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–23379 Filed 9–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 15–09] 

RIN 3072—AC62 

Amendments to Rules of Practice and 

Procedure Governing Time and 

Service in Adjudicatory Proceedings 

AGENCY: Federal Maritime Commission. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: The Federal Maritime 

Commission proposes to amend its rules 

of practice and procedure concerning 

time and service in adjudicative 

proceedings. These revisions improve 

consistency across various processes 

and increase efficiency for parties to 

proceedings. 

DATES: This rule is effective November 

30, 2015, without further action, unless 

significant adverse comments are filed 

prior to October 30, 2015. If significant 

adverse comment is received the 

Federal Maritime Commission will 

publish a timely withdrawal in the 

Federal Register. 

ADDRESSES: You may submit comments, 

identified by the docket number in the 

heading of this document, by any of the 

following methods: 

• Email: secretary@fmc.gov. Include 

in the subject line: ‘‘Docket No. 15–09, 

Comments on Amendments to Rules of 

Practice and Procedure Governing Time 

and Service.’’ Comments should be 

attached to the email as a Microsoft 

Word or text-searchable PDF document. 

Comments containing confidential 

information should not be submitted by 

email. 

• Mail: Karen V. Gregory, Secretary, 

Federal Maritime Commission, 800 

North Capitol Street NW., Washington, 

DC 20573–0001. 

• Docket: To read background 

documents or comments received in 

response to this docket, go to: http://

www.fmc.gov/electronic_reading_room/ 

proceeding_or_inquiry_log_search.aspx; 

and select Docket No. 15–09 from the 

list of docket logs provided. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001. Phone: (202) 523–5725. 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Maritime Commission (FMC or 

Commission) is amending its rules of 

practice and procedure concerning time 

and service in adjudicatory proceedings. 

Computation of Time 

Currently the rules set out a variety of 

different formulas and conventions for 

computing time. Section 502.101 of 

Subpart G specifies that in computing 

periods of time under the rules, 

Saturdays, Sundays, and holidays 

should be counted, but that ‘‘[w]hen the 

period of time prescribed or allowed is 

less than seven (7) days, intermediate 

Saturdays, Sundays, or national 

holidays shall be excluded from the 

computation.’’ Throughout part 502 

various sections reference a five (5) day 

deadline but do not cross-reference 

§ 502.101, which may create confusion. 

For consistency and to streamline and 

simplify the rules, the provision 

excluding weekends and holidays when 

a deadline is less than seven (7) days is 

removed, and all 5-day periods set out 

in part 502 are extended to seven (7) 

days. Consequently, all time periods 

will be calculated in the same manner 

by counting calendar days inclusive of 

weekends and holidays. In addition, 

language in § 502.101 is simplified to 

provide that ‘‘[i]f the last day is a 

Saturday, Sunday or federal holiday, the 

period continues to the next day that is 

not a Saturday, Sunday or federal 

holiday.’’ 

Subpart G is also revised to simplify 

the structure of the rules. For example, 

the rules for enlargement and reduction 

of time to file documents currently 

found in §§ 502.102 and 502.103 are 

consolidated into § 502.102. Section 

502.102 is also amended to reflect 

current Commission practice and 

standards for granting motions to 

enlarge time. As amended, § 502.102 

would require that a party must have 

‘‘reasonable grounds’’ for failing to file 

a motion for enlargement of time at least 

seven (7) days before the filing due date. 

Section 502.104 is similarly amended. 

Rules on enlargement of time to file 

briefs and exceptions found at 

§§ 502.222 and 502.228 are amended 

because new § 502.102 covers the 

relevant requirements. Section 502.319 

is revised to duplicate the requirements 

of § 502.102 to apply to formal 

procedures for adjudication of small 

claims. 

Service of Documents 

The service rules in Subpart H are 

revised to add references to service by 

email, and to encourage parties 

consistently to use of the same manner 

of service between parties, as that used 

to file documents with the Commission. 

The service rules are also rewritten and 

reorganized for clarity and ease of use. 

Regulatory Analysis and Notices 

Regulatory Flexibility Act 

This direct final rule is not a ‘‘major 

rule’’ under 5 U.S.C. 804(2). No notice 

of proposed rulemaking is required; 

therefore, the provisions of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., do not apply. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 

1995, 44 U.S.C. 3501–3521, requires an 

agency to seek and receive approval 

from the Office of Management and 

Budget (OMB) before making most 

requests for information if the agency is 

requesting information from more than 

ten persons. 44 U.S.C. 3507. The agency 

must submit collections of information 

in proposed rules to OMB in 

conjunction with the publication of the 

proposed rulemaking. 5 CFR 1320.11. 

The Commission is not proposing any 

collections of information, as defined by 

44 U.S.C. 3502(3) and 5 CFR 1320.3(c), 

as part of this rule. 

Regulation Identifier Number 

The Commission assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

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