10352 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

under authority of 44 U.S.C. Sections 2904 

and 2906. 

(12) Disclosure of Information to National 

Archives and Records Administration 

Routine Use. A record from a system of 

records maintained by a DoD component may 

be disclosed as a routine use to National 

Archives and Records Administration for the 

purpose of records management inspections 

conducted under authority of 44 U.S.C.s 2904 

and 2906. 

(13) Disclosure to the Merit Systems 

Protection Board Routine Use. A record from 

a system of records maintained by a DoD 

component may be disclosed as a routine use 

to the Merit Systems Protection Board, 

including the Office of the Special Counsel 

for the purpose of litigation, including 

administrative proceedings, appeals, special 

studies of the civil service and other merit 

systems, review of the Office of Personnel 

Management or component rules and 

regulations, investigation of alleged or 

possible prohibited personnel practices, 

including administrative proceedings 

involving any individual subject of a DoD 

investigation, and such other functions, 

promulgated in 5 U.S.C.s 1205 and 1206, or 

as may be authorized by law. 

(14) Counterintelligence Purposes Routine 

Use. A record from a system of records 

maintained by a DoD component may be 

disclosed as a routine use outside the DoD or 

the U.S. Government for the purpose of 

counterintelligence activities authorized by 

U.S. Law or Executive Order or for the 

purpose of enforcing laws which protect the 

national security of the United States. 

(15) Data Breach Remediation Purposes 

Routine Use. A record from a system of 

records maintained by a Component may be 

disclosed to appropriate agencies, entities, 

and persons when: 

(1) The Component suspects or has 

confirmed that the security or confidentiality 

of the information in the system of records 

has been compromised; 

(2) The Component has determined that as 

a result of the suspected or confirmed 

compromise there is a risk of harm to 

economic or property interests, identity theft 

or fraud, or harm to the security or integrity 

of this system or other systems or programs 

(whether maintained by the Component or 

another agency or entity) that rely upon the 

compromised information; and 

(3) The disclosure made to such agencies, 

entities, and persons is reasonably necessary 

to assist in connection with the Component’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

(16) Information Sharing Environment 

Routine Use. A record from a system of 

records maintained by a Component 

consisting of, or relating to, terrorism 

information (6 U.S.C. 485(a)(4)), homeland 

security information (6 U.S.C. 482(f)(1)), or 

law enforcement information (Guideline 2 

Report attached to White House 

Memorandum, ‘‘Information Sharing 

Environment Reports,’’ November 22, 2006) 

may be disclosed to a Federal, State, local, 

tribal, territorial, foreign governmental and/

or multinational agency, either in response to 

its request or upon the initiative of the 

Component, for purposes of sharing such 

information as is necessary and relevant for 

the agencies to the detection, prevention, 

disruption, preemption, and mitigation of the 

effects of terrorist activities against the 

territory, people, and interests of the United 

States of America as contemplated by the 

Intelligence Reform and Terrorism Protection 

Act of 2004 (Pub. L. 108–458) and Executive 

Order 13388 (October 25, 2005). 

[FR Doc. 2015–03862 Filed 2–25–15; 8:45 am] 

BILLING CODE 3710–08–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0611; FRL–9923–24– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; Revision 

to Control of Air Pollution From 

Volatile Organic Compounds; 

Alternative Leak Detection and Repair 

Work Practice 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a Texas State 

Implementation Plan (SIP) revision for 

control of volatile organic compound 

(VOC) emissions from fugitive sources 

that was submitted to EPA on July 2, 

2010. The SIP revision allows for a 

voluntary alternative work practice to 

detect fugitive emission leaks using 

optical gas imaging instruments under 

the EPA federal Leak Detection and 

Repair (LDAR) requirements. The EPA 

is approving this SIP revision pursuant 

to section 110 of the Clean Air Act 

(CAA) and consistent with EPA’s 

guidance and regulations. 

DATES: This rule is effective on April 27, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

March 30, 2015. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0611, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions. 

• Email: Jennifer Huser at 

huser.jennifer@epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0611. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Huser, (214) 665–7347, 

huser.jennifer@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Huser or Mr. Bill 

Deese at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 


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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10353 

Table of Contents 

I. Background 

II. EPA’s Evaluation 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. CAA and SIPs 

Section 110 of the CAA requires states 

to develop and submit to EPA a SIP to 

ensure that state air quality meets 

National Ambient Air Quality Standards 

(NAAQS). These NAAQS standards 

currently address six criteria pollutants: 

carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. Each federally-approved 

SIP protects air quality primarily by 

addressing air pollution at its point of 

origin through air pollution regulations 

and control strategies. EPA-approved 

SIPs, including control strategies are 

federally enforceable. As needed, States 

revise the SIP and submit revisions to 

EPA for approval. 

B. SIP Revision Submitted on July 2, 

2010 

On July 2, 2010, the Texas 

Commission on Environmental Quality 

(TCEQ) submitted revisions to the Texas 

SIP LDAR rules to allow a voluntary 

alternative work practice to detect 

fugitive emission leaks using optical gas 

imaging. The submitted SIP revisions 

amended Texas Administrative Code 

(TAC) at 30 TAC Chapters 115.322– 

115.326, 115.352–115.357, 115.781, 

115.782, and 115.768–788, and added 

new 30 TAC Chapter 115.358 and 30 

TAC Chapter 115.784, Control of Air 

Pollution from Volatile Organic 

Compounds. The federal and state 

LDAR program is a fundamental aspect 

of air pollution control by reducing 

emissions from leaking piping 

components and instrumentation. 

Section 172(c)(1) and 182 of the CAA 

require ozone nonattainment areas that 

are classified as moderate and above for 

ozone nonattainment to adopt 

Reasonably Available Control 

Technology (RACT) requirement for 

sources that are subject to Control 

Technique Guidelines (CTGs) issued by 

EPA and for ‘‘major sources’’ of VOCs 

and nitrogen oxides (NOX). Major 

sources are defined as the following for 

each affected nonattainment area: In 

areas classified as moderate, those 

sources that the potential to emit at least 

100 tons per year (tpy) of VOCs or NOX; 

for areas classified as serious, those that 

have the potential to emit 50 tpy of 

VOCs or NOX; and in areas classified as 

severe, those sources that have the 

potential to emit at least 25 tons per 

year of VOCs or NOX. See Section 182(c) 

of the CAA. The Dallas-Fort Worth 

(DFW) ozone nonattainment area for the 

1997 8-hour ozone standard consists of 

Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall and Tarrant 

Counties. The DFW area was 

reclassified as serious ozone 

nonattainment for the 1997 8-hour 

ozone standard (75 FR 79302, December 

20, 2010). The Houston-GalvestonBrazoria (HGB) ozone nonattainment 

area for the 1997 8-hour ozone standard 

consists of Brazoria, Chambers, Fort 

Bend, Galveston, Harris, Liberty, 

Montgomery and Waller counties. The 

HGB area was classified as a severe 

ozone nonattainment area for the 1997 

8-hour ozone NAAQS (73 FR 56983, 

October 1, 2008). The Beaumont Port 

Arthur (BPA) area of the 1997 8-hour 

ozone standard consists of Hardin, 

Jefferson, and Orange Counties. 

The fugitive emission LDAR rules in 

30 TAC Chapter 115 (denoted as 30 TAC 

115), referenced above, fall under two 

general categories, and are incorporated 

into the SIP: 1) 30 TAC 115, Subchapter 

D, Divisions 2 and 3 cover general VOC 

fugitive emission LDAR rules and were 

adopted to satisfy reasonably available 

control technology (RACT) requirements 

of the CAA (see 73 FR 10383, March 28, 

2008 for Division 2 and 73 FR 40972, 

September 15, 2008 for Division 3); and 

2) the highly-reactive volatile organic 

compounds (HRVOC) fugitive emission 

LDAR rules, in 30 TAC 115, Subchapter 

H, Division 3 were adopted as part of 

the HGB attainment demonstration for 

the one-hour ozone NAAQS (see 71 FR 

52655, December 6, 2006). The revision 

incorporates the voluntary alternative 

work practice for both categories 

consistent with the alternative work 

practice adopted by the EPA on 

December 22, 2008 (73 FR 78199). For 

the first category, Subchapter D, 

Division 2 applies to petroleum 

refineries in Gregg, Nueces, and Victoria 

counties and 30 TAC Chapter 115, 

Subchapter D, Division 3 applies to the 

following facility types in the BPA, 

DFW, El Paso, and HGB areas as defined 

in 30 TAC 115.10: petroleum refineries; 

synthetic organic chemical, polymer, 

resin, or methyl-tert-butyl ether 

manufacturing processes; or natural gas/ 

gasoline processing operations. For the 

second category, 30 TAC 115, 

Subchapter H, Division 3 applies to the 

following facility types in the HGB area 

as defined in 30 TAC 115.10 that have 

HRVOC as raw material, intermediate, 

final product, or in a waste stream: 

petroleum refineries; synthetic organic 

chemical, polymer, resin, or methyl-tertbutyl ether manufacturing processes; or 

natural gas/gasoline processing 

operations. 

The SIP revision submitted by Texas 

is provided in the docket for this 

rulemaking. 

C. What criteria must be met for EPA to 

approve this SIP revision? 

The primary CAA requirements 

pertaining to the SIP revision submitted 

by Texas are found in CAA sections 

110(l) and 182(b)(2). CAA section 110(l) 

requires that a SIP revision submitted to 

EPA be adopted after reasonable notice 

and public hearing. Section 110(l) also 

requires that we not approve a SIP 

revision if the revision would interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of the CAA. CAA section 

182(b)(2) requires that ozone 

nonattainment areas classified as 

moderate or above implement RACT 

controls on all major VOC and NOX

emission sources and on all sources and 

source categories covered by a control 

technique guideline (CTG) issued by 

EPA. RACT is defined as the lowest 

emissions limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility 

(44 FR 53762, September 17, 1979). The 

CTG and Alternative Control Technique 

(ACT) documents that we issue provide 

states with guidance concerning what 

types of controls could constitute RACT 

for a given source category. The 

documents we have issued pertaining to 

fugitive emissions from equipment leaks 

are (1) Control of Volatile Organic 

Compound Leaks from Petroleum 

Refinery Equipment (EPA–450/2–78– 

036, June 1978), (2) Control of Volatile 

Organic Compound Equipment Leaks 

from Natural Gas/Gasoline Processing 

Plants (EPA–450/3–83–007, December 

1983), and (3) Control of Volatile 

Organic Compound Leaks from 

Synthetic Organic Chemical and 

Polymer Manufacturing Equipment 

EPA–450/3–83–006, March 1984). These 

documents are accessible online at 

www.epa.gov/airquality/ozonepollution/

SIPToolkit/ctgs.html. Because the DFW 

area was classified as a serious ozone 

nonattainment area for the 1997 8-hour 

ozone standard, a major source is a 

source having the potential to emit 50 

tpy of VOC or more (CAA § 182(c)). 

Because the HGB area is classified as a 

severe ozone nonattainment area for the 

1-hour ozone standard, a major source is 

a source having the potential to emit 25 

tpy of VOC or more (CAA § 182(d)). 


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10354 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

1The TSD is in the docket for this rulemaking. 

II. EPA’s Evaluation 

The alternative work practice is a 

voluntary alternative to hydrocarbon 

analyzers required by EPA Method 21 

(See the technical support document 

(TSD) for more detail) 1 to detect volatile 

organic compound leaks from 

equipment such as valves, pumps, 

connectors, compressors, pressure relief 

valves, etc. While EPA demonstrated 

that the use of optical gas imaging in the 

alternative work practice is equivalent 

to using a hydrocarbon analyzer in EPA 

Method 21, the optical gas imaging 

technology available today is generally 

not capable of measuring concentration 

and has a higher detection limit than the 

hydrocarbon analyzers. Therefore, the 

methods are not interchangeable and 

therefore the alternative work practice 

cannot simply be included as an 

alternate method. The fundamental 

premise behind EPA’s rule in allowing 

the alternative work practice is that 

more frequent monitoring with the 

optical gas imaging device will detect 

larger leaks sooner resulting in a more 

expedient repair of the leaks. While 

smaller leaks may not be detected using 

the optical gas imaging device, the 

overall control level under the optical 

gas imaging alternative work practice is 

considered equivalent, or in some cases 

superior to, the traditional LDAR work 

practice using Method 21. This makes 

the alternative work practice more 

similar to an alternate means of control 

rather than an alternative test method. 

EPA’s rationale in approving the 

alternate work practice is further 

discussed in the December 22, 2008 

Federal Register (73 FR 78199). While 

EPA adopted the use of the alternative 

work practice for numerous federal 

LDAR rules, many facilities will not be 

able to make use of the alternative work 

practice until the fugitive emission 

LDAR rules are revised in the Texas SIP. 

Additionally, the proposed SIP revision 

does not change the New Source Review 

(NSR) permit requirements, and 

therefore sources choosing to implement 

the alternative work practice will need 

to change the facility’s permit LDAR 

requirements through the SIP-approved 

NSR permit amendment process. 

In its adopted rule, TCEQ made 

several substantive changes that were 

not required by the federal alternative 

work practice in 40 CFR part 60.18. 

These additional requirements were 

added by TCEQ to ensure that personnel 

using optical gas imaging instruments 

have adequate training and to address 

quality assurance and enforcement 

concerns with the federal alternative 

work practice in 40 CFR part 60.18. 

These changes include: 

• Each person operating an optical 

gas imaging instrument for the purposes 

of the alternative work practice will be 

required to conduct the daily 

instrument check. [30 TAC 

115.358(c)(2)] 

• Owners or operators electing to use 

the alternative work practice will be 

required to submit notification to the 

appropriate TCEQ regional office at least 

30 days prior to implementation. [30 

TAC 115.358(g)] 

• Operator training will be required 

for personnel performing the alternative 

work practice. [30 TAC 115.358(h)] 

• A specific subset of components 

(e.g., blind flanges, heat exchanger 

heads, sight glasses, etc.) subject to 30 

TAC 115.781(b)(3) may be sampled at 

alternate frequencies for the annual 

Method 21 test required under the 

alternative work practice if the 

components are not subject to a federal 

LDAR Method 21 requirement under 40 

CFR parts 60, 61, 63, or 65 [30 TAC 

115.781(h)(6)]. 

TCEQ also added provisions to the 

federal alternative work practice 

specifically to ensure there would be no 

backsliding for the HRVOC fugitive 

emission LDAR rules in 30 TAC 115, 

Subchapter H, Division 3. Those 

changes include: 

• For leaks greater than 10,000 part 

per million by volume (ppmv), rapid 

repair times are required under 30 TAC 

115.782(b) and extraordinary efforts 

must be undertaken within a shorter 

time period to qualify for delay of repair 

under 30 TAC 115.782(c). The 

rulemaking will require any leak 

detected using the alternative work 

practice to meet the more stringent 

repair time limits of 30 TAC 115.782(b) 

and (c) unless a Method 21 test is done 

to demonstrate that the leak is 10,000 

ppmv or less. 

• The rule will retain the third-party 

audit requirements of 30 TAC 115.788; 

however, an alternative audit procedure 

will be required if the company is using 

the alternative work practice. 

• Consistent with EPA guidance, 

Protocol for Equipment Leak Emission 

Estimates, EPA–453/R–95–017, 

November 1995, 30 TAC 115.782(c) 

requires companies to use EPA 

correlation equations for calculating 

emissions. For leaks detected using the 

alternative work practice, a company 

will be required to use the 100,000 

ppmv pegged emission rates from the 

same section of the EPA guidance 

document currently referenced in the 

rule at 30 TAC 115.782(c)(1)(i)(II). 

The SIP revision is approvable as it is 

consistent with the EPA federal LDAR 

rule that provides an alternative to 

required monitoring for fugitive 

components to ensure facilities identify 

and repair leaking equipment in a 

timely and effective manner to reduce 

fugitive air emissions. In addition the 

SIP revision improves upon the SIPapproved rules in that it provides for 

this voluntary alternative method for the 

detection of fugitive emissions from 

leaking components, as detailed in our 

TSD. Approval of this SIP revision 

would not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. 

Lastly, EPA’s review indicates that the 

Texas AWP provisions are as stringent 

as or more stringent than the federal 

AWP and provide no relaxation of the 

state’s rules for leak detection and 

repair. 

III. Final Action 

We are taking direct final action to 

approve revisions to the Texas SIP that 

pertain to the control of air pollution 

from VOCs alternative LDAR work 

practice, adopted by the TCEQ on June 

2, 2010, and submitted to the EPA on 

July 2, 2010. EPA is approving these 

revisions in accordance with sections 

110, 173 and 182 of the CAA and 

consistent with EPA’s guidance and 

regulations. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on April 27, 2015 without 

further notice unless we receive relevant 

adverse comment by March 30, 2015. If 

we receive relevant adverse comments, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

We will address all public comments in 

a subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive relevant adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 


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Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10355 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 27, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Alternative work 

practice, Incorporation by reference, 

Leak detection and repair, Optical gas 

imaging, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 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: 

■ a. Revising the entries for sections 

115.322 through 115.326, 115.352 

through 115.357, 115.781, 115.782, and 

115.786 through 115.788; and 

■ b. Adding in sequential order entries 

for sections 115.358 and 115.784. 

The revisions and additions 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 D—Petroleum Refining, Natural Gas Processing, and Petrochemical Processes 


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10356 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

*******

Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties 

Section 115.322 ................ Control Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.323 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.324 ................ Inspection Requirements ........................... 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.325 ................ Testing Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.326 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

* * * * * * * 

Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone 

Nonattainment Areas 

Section 115.352 ................ Control Requirements ................................ 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.353 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.354 ................ Monitoring and Inspection Requirements .. 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.355 ................ Approved Test Methods ............................. 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.356 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115. 357 ............... Exemptions ................................................. 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.358 ................ Alternative Work Practice ........................... 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

* * * * * * * 

Subchapter H—Highly-Reactive Volatile Organic Compounds 

*******

Division 3: Fugitive Emissions 

*******

Section 115.781 ................ General Monitoring and Inspection Requirements.6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.782 ................ Procedures and Schedule for Leak Repair 

and Follow-up.

6/2/2010 2/26/2015 [Insert Federal 

Register citation].

* * * * * * * 

Section 115.784 ................ Alternate Control Requirements ................. 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.786 ................ Recordkeeping Requirements .................... 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.787 ................ Exemptions ................................................. 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

Section 115.788 ................ Audit Provisions ......................................... 6/2/2010 2/26/2015 [Insert Federal 

Register citation].

* * * * * * * 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10357 

* * * * * 

[FR Doc. 2015–03588 Filed 2–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2009–0554; FRL–9923–35– 

Region 5] 

Approval of Other Solid Waste 

Incineration Units State Plan for 

Designated Facilities and Pollutants: 

Indiana 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving Indiana’s 

State Plan to control air pollutants from 

‘‘Other Solid Waste Incineration’’ 

(OSWI) units. The Indiana Department 

of Environmental Management (IDEM) 

submitted the State Plan to EPA on 

November 27, 2007. The State Plan is 

consistent with Emission Guidelines 

(EG) promulgated by EPA on December 

16, 2005. This approval means that EPA 

finds that the State Plan meets 

applicable Clean Air Act (Act) 

requirements for OSWI units for which 

construction commenced on or before 

December 4, 2004. Once effective, this 

approval also makes the State Plan 

Federally enforceable. 

DATES: This direct final rule will be 

effective April 27, 2015, unless EPA 

receives adverse comments by March 

30, 2015. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0554, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: nash.carlton@epa.gov. 

3. Fax: (312) 692–2543. 

4. Mail: Carlton T. Nash, Chief, 

Integrated Air Toxics Section, Air 

Toxics and Assessment Branch (AT– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

5. Hand Delivery: Carlton T. Nash, 

Chief, Integrated Air Toxics Section, Air 

Toxics and Assessment Branch (AT– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0554. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Margaret Sieffert, 

Environmental Engineer, at (312) 353– 

1151 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, U.S. Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What does the state plan contain? 

III. Does the state plan meet the EPA 

requirements? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On December 16, 2005, in accordance 

with sections 111 and 129 of the Act, 

EPA promulgated OSWI EGs and 

compliance schedules for the control of 

emissions from existing OSWI units. See 

70 FR 74870. EPA codified these 

regulations at 40 CFR part 60, subpart 

FFFF. They include a model rule at 40 

CFR 60.3000 through 60.3078. ‘‘OSWI 

units’’ are very small municipal waste 

combustors and institutional waste 

incinerators. See 40 CFR 60.3078. 

Under section 111(d) of the Act, EPA 

is required to develop regulations for 

existing sources of noncriteria 

pollutants (i.e., a pollutant for which 

there is no national ambient air quality 

standard) whenever EPA promulgates a 

standard for a new source. These would 

include OSWI units. Section 111(d) 

plans are subject to EPA review and 

approval. 

Under section 129(b)(2) of the Act and 

the regulations at Subpart FFFF, states 

with OSWI units must submit to EPA 

plans that implement the EGs. The 

plans must be at least as protective as 

the EGs, which are not Federally 

enforceable until EPA approves a State 

Plan (or promulgates a Federal Plan for 

implementation and enforcement). 

40 CFR part 60, subpart B contains 

general provisions applicable to the 

adoption and submittal of State Plans 

for subject facilities under section 

111(d), which would include OSWI 

units. On November 27, 2007, Indiana 

submitted its OSWI State Plan to EPA. 

This submission followed public 

hearings for preliminary adoption of the 

State Plan on December 6, 2006 and for 

final adoption on February 7, 2007. The 

State adopted the final Plan on February 

7, 2007, and became effective on August 

9, 2007. The Plan includes State rule 

326 IAC 11–9, which establishes 

emission standards for existing OSWI. 

EPA was sued and subsequently State 

Plan submittals were put on hold. See 


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