42730 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State 

citation Title/Subject 

State 

approval/ 

Submittal date 

EPA Approval date Explanation 

*******

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

Subchapter A—Definitions 

*******

Section 116.13 ..... Flexible Permit Definitions ........... 7/31/2014 7/20/2015 [Insert Federal Register citation].

* * * * * * * 

Subchapter G—Flexible Permits 

Section 116.710 ... Applicability .................................. 7/31/2014 7/20/2015 [Insert Federal Register citation].

Section 116.711 ... Flexible Permit Application .......... 7/31/2014 7/20/2015 [Insert Federal Register citation].SIP includes 30 TAC 116.711(1), 

(2)(A), (B) and (C)(i) and (ii), 

(D)–(J), and (L)–(N) 

* * * * * * * 

Section 116.715 ... General and Special Conditions .. 7/31/2014 7/20/2015 [Insert Federal Register citation].SIP includes 30 TAC 116.715(a)– 

(e) and (f)(1) and (2)(B) 

Section 116.716 ... Emission Caps and Individual 

Emission Limitations.

7/31/2014 7/20/2015 [Insert Federal Register citation].

Section 116.717 ... Implementation Schedule for Additional Controls.7/31/2014 7/20/2015 [Insert Federal Register citation].

Section 116.718 ... Significant Emission Increase ...... 7/31/2014 7/20/2015 [Insert Federal Register citation].

Section 116.720 ... Limitation on Physical and Operational Changes.7/31/2014 7/20/2015 [Insert Federal Register citation].

Section 116.721 ... Amendments and Alterations ....... 7/31/2014 7/20/2015 [Insert Federal Register citation].

* * * * * * * 

Section 116.740 ... Public Notice and Comment ........ 7/31/2014 7/20/2015 [Insert Federal Register citation].SIP includes 30 TAC Section 

116.740(a). 

Section 116.750 ... Flexible Permit Fee ...................... 7/31/2014 7/20/2015 [Insert Federal Register citation].

* * * * * * * 

Section 116.765 ... Compliance Schedule .................. 7/31/2014 7/20/2015 [Insert Federal Register citation].SIP includes 30 TAC Section 

116.765(b) and (c). 

* * * * * * * 

* * * * * 

[FR Doc. 2015–17472 Filed 7–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0027; FRL–9930–79– 

Region–6] 

Approval and Promulgation of 

Implementation Plans; Texas; Low 

Reid Vapor Pressure Fuel Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking a direct 

final action to approve revisions to the 

Texas State Implementation Plan (SIP) 

related to Low Reid Vapor Pressure 

(RVP) Fuel Regulations that were 

submitted by the State of Texas on 

January 5, 2015. The EPA evaluated the 

SIP submittal from Texas and 

determined these revisions are 

consistent with the requirements of the 

Clean Air Act (Act or CAA). The EPA 

is approving this action under the 

federal CAA. 

DATES: This direct final rule is effective 

on September 18, 2015 without further 

notice, unless the EPA receives relevant 

adverse comment August 19, 2015. If 

the EPA receives such comment, the 

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 ID No. EPA–R06– 

OAR–2015–0027, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions. 

(2) Email: Ms. Tracie Donaldson at 

donaldson.tracie@epa.gov. 

(3) Mail or Delivery: Ms. Tracie 

Donaldson, Air Permits Section (6PD– 

R), Environmental Protection Agency, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. 

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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 42731 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2015– 

0027. 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 the 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 the 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, the 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 the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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 the 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: Ms. 

Tracie Donaldson, (214) 665–6633, 

donaldson.tracie@epa.gov. To inspect 

the hard copy materials, please schedule 

an appointment with Ms. Donaldson or 

Mr. Bill Deese at 214–665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

A. CAA and SIPs 

Section 110 of the CAA requires states 

to develop and submit to the EPA a SIP 

to ensure that state air quality meets 

National Ambient Air Quality Standards 

(NAAQS). The NAAQS 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. The EPAapproved SIP provisions and control 

strategies are federally enforceable. 

States revise the SIP as needed and 

submit revisions to the EPA for review 

and approval. 

B. SIP Revision Submitted on January 5, 

2015 

On September 10, 2014, Texas 

Commission on Environmental Quality 

(TCEQ) adopted revisions to 30 Texas 

Administrative Code (TAC) Chapter 

114, Control of Air Pollution from Motor 

Vehicles, Subchapter H. Low Emission 

Fuels, Division 1. Gasoline Volatility. 

This review will determine if the 

changes to the Texas SIP are consistent 

with the requirements of the Clean Air 

Act and EPA’s policy and guidance. 

II. EPA’s Evaluation 

As detailed in the Technical Support 

Document (TSD) accompanying this 

action, the TCEQ submitted a SIP 

revision to the Low RVP Fuels 

regulations. In this adoption, TCEQ 

amended sections 114.306, 114.307, 

114.309 and deleted section 114.304. 

The amendments to the Regional Low 

RVP Gasoline Regulations remove 

obsolete requirements that provide no 

benefit to the state and are not 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 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. 

In addition, pursuant to section 

110(k)(6) of the CAA, 30 TAC section 

114.306(c) is being removed from the 

SIP. This section was inadvertently 

approved into the SIP by a previous 

action. In its April 25, 2000 SIP 

submittal, Texas specifically asked us to 

not include 114.306(c) into the SIP, but 

we included it in the SIP on April 26, 

2001 (66 FR 20927, 20931). Our action 

today corrects this error by removing 

section 114.306(c) from the SIP. 

The amendments remove the 

prohibition on the increased use of 

methyl-tertiary-butyl-ether (MTBE) in 

gasoline to conform to the low RVP 

gasoline requirements; remove the 

requirements for gasoline producers and 

importers that supply low RVP gasoline 

to the affected counties; remove annual 

reporting and certification requirements 

on the use of MTBE in low RVP 

gasoline; and make other nonsubstantive clarifying changes as needed 

for accuracy and consistency. 

III. Final Action 

For the reasons stated above and in 

the TSD, the EPA is taking direct final 

action to approve revisions to the Texas 

SIP pertaining to Low RVP Fuel 

regulations. We are approving the 

revisions to the Texas SIP under section 

110 of the Act. Each revision to an 

implementation plan submitted by a 

State under this chapter shall be 

adopted by such State after reasonable 

notice and public hearing. The 

Administrator shall not approve a 

revision of a plan if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress. We are 

publishing this rule without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no relevant 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 September 

18, 2015 without further notice unless 

we receive relevant adverse comment by 

August 19, 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 

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. 

IV. Incorporation by Reference 

In this direct final rule, the EPA is 

finalizing regulatory text that includes 

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42732 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the Texas 

low RVP fuel requirements described in 

the Final Action section above. The EPA 

has 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 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, the 

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 Order 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 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). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 18, 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, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: July 7, 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 

entry for section 114.304 and revising 

the entries for sections 114.306, 114.307 

and 114.309 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 114—Control of Air Pollution From Motor Vehicle Fuels 

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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Rules and Regulations 42733 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/Subject 

State 

approval/ 

submittal 

date 

EPA 

approval 

date 

Explanation 

*******

Subchapter H—Low Emission Fuels 

Division 1: Gasoline Volatility 

*******

114.306 ........ Recordkeeping Requirements.4/25/2000 4/26/2001, 66 FR 20927 ............................................. Not in SIP: 114.306(c) 

114.307 ........ Exemptions ....................... 9/10/2014 7/20/2015, [Insert Federal Register citation] .............

114.309 ........ Affected Counties ............. 9/10/2014 7/20/2015, [Insert Federal Register citation] .............

* * * * * * * 

* * * * * 

[FR Doc. 2015–17743 Filed 7–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0368; FRL–9930–76– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

Nitrogen Dioxide and Sulfur Dioxide 

National Ambient Air Quality 

Standards Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the State 

Implementation Plan (SIP) revision 

submitted by the State of North 

Carolina, through the North Carolina 

Department of Environment and Natural 

Resources on August 13, 2012, 

pertaining to definition changes for the 

Nitrogen Dioxide (NO2) and Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS). EPA is 

approving this SIP revision because the 

State has demonstrated that it is 

consistent with the Clean Air Act (CAA 

or Act). 

DATES: This direct final rule is effective 

on September 18, 2015 without further 

notice, unless EPA receives relevant 

adverse comment by August 19, 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 ID No. EPA–R04– 

OAR–2015–0368, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015–0368’’ 

Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s 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–R04–OAR–2015– 

0368’’. 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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

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

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in www.regulations.gov or 

in hard copy at the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

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