Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 24213 

Dated: April 17, 2015. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–10170 Filed 4–29–15; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R06–OAR–2014–0846; FRL–9927–10– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to the State Implementation 

Plan; Stage I Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve revisions to the Texas 

State Implementation Plan (SIP) related 

to Stage I Regulations that were 

submitted by the State of Texas on 

November 12, 2014. 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 June 29, 2015 without further notice, 

unless the EPA receives relevant 

adverse comment by June 1, 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–2014–0846, 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2014– 

0846. 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. 

Table of Contents 

I. Background 

A. CAA and SIPs 

B. Why do we regulate VOCs? 

C. What is Stage I Vapor Recovery? 

D. SIP Revision Submitted on November 

12, 2014 

II. EPA’s Evaluation 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

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. Why do we regulate VOCs? 

Volatile Organic Compound is a term 

used to describe a class of chemicals 

that react in the atmosphere in the 

presence of sunlight to form ozone. 

Sources include vehicle exhaust, 

gasoline vapors, oil-based paints and 

industrial operations. A regulatory 

definition of Volatile Organic 

Compounds can be found at 40 CFR 

51.100(s). The definition in Texas can 

be found in 30 TAC 115.10. Oxygen in 

the atmosphere reacts with VOCs and 

Oxides of Nitrogen to form ozone, a key 

component of urban smog. Inhaling 

even low levels of ozone can trigger a 

variety of health problems including 

chest pains, coughing, nausea, throat 

irritation, and congestion. It also can 

worsen bronchitis and asthma. Exposure 

to ozone can also reduce lung capacity 

in healthy adults. 

C. What is Stage I Vapor Recovery? 

Capturing the vapors from the 

gasoline station storage tanks as tanktrucks fill these tanks, and returning the 

vapors to the tank-truck is commonly 

known as Stage I vapor recovery. The 

tank-truck then carries the vapors back 

to the bulk gasoline plant or terminal. 

To insure the vapors are not lost in 

transit, the Texas rules also include 

requirements that the gasoline tanktrucks be tested for vapor tightness. We 

are approving the vapor recovery 

requirements and the vapor tightness 

requirements. 

D. SIP Revision Submitted on November 

12, 2014 

On September 10, 2014, Texas 

Commission on Environmental Quality 

(TCEQ) adopted revisions to 30 Texas 

Administrative Code (TAC) Chapter 

115, Control of Air Pollution from 

Volatile Organic Compounds, 


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24214 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 

Subchapter A. Definitions and 

Subchapter C. Volatile Organic 

Compound Transfer Operations. 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 Stage I regulations found 

in 30 TAC 115, Subchapter A. 

Definitions and Subchapter C. Volatile 

Organic Compound Transfer 

Operations. The TCEQ adopted 

amended sections 115.10, 115.221, 

115.222, 115.224–115.227 and 115.229 

of 30 TAC Chapter 115, Control of Air 

Pollution from Volatile Organic 

Compounds and corresponding 

revisions to the state implementation 

plan. The revisions preserve existing 

Stage I testing requirements in the 1997 

ozone nonattainment counties and 

specify Stage I testing requirements for 

gasoline dispensing facilities located in 

the 12 ozone nonattainment counties 

and 4 ozone maintenance counties that 

will be affected by the decommissioning 

of the Stage II vapor recovery equipment 

rule revision and in the 95 counties that 

are subject to the state Stage I rule but 

not Stage II requirements. The adopted 

revisions also establish testing 

requirements that are more consistent 

with federal Stage I testing in 40 CFR 

part 63, subpart CCCCCC and are more 

appropriate for Stage I facilities. 

Previously, in separate actions, we 

found that Texas’ Stage I regulations 

meet Reasonably Available Control 

Technology (RACT) requirements for 

the 1997 ozone standard in Dallas-Fort 

Worth area (January 14, 2009, 74 FR 

1903) and for the Houston-GalvestonBrazoria area (April 2, 2013, 63 FR 

19599). The current revisions update 

RACT where applicable for 1997 ozone 

nonattainment counties in Texas. 

The revisions will enhance the EPAapproved SIP because they will not 

result in any loss in emission 

reductions, will become more 

enforceable with the test methods in 

place and will be more consistent with 

the federal Stage I testing requirements; 

therefore, we are approving them into 

the Texas SIP. 

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 Stage I regulations at 

30 TAC, Chapter 115, Subchapter A: 

Definitions, Section 115.10 and 

Subchapter C, Division 2: Filling of 

Gasoline Storage Vessels (Stage I) for 

Motor Vehicle Fuel Dispensing 

Facilities, Sections 115.221, 115.222, 

115.224–115.227 and 115.229, adopted 

on September 10, 2014, and submitted 

as revisions to the Texas SIP on 

November 12, 2014. 

We are approving the revisions to the 

Texas SIP under section 110 of the Act. 

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 June 29, 

2015 without further notice unless we 

receive relevant adverse comment by 

June 1, 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 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the Texas 

Stage I 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 appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

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 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 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 


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Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 24215 

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 June 29, 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: April 22, 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 adding, in 

sequential order, the entry for section 

115.221; and revising the entries for 

sections 115.10, 115.222, 115.224 

through 115.227, and 115.229 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 A—Definitions 

115.10 .......... Definitions ....................................... 9/10/2014 4/30/2015 [Insert FR citation].

* * * * * * * 

Subchapter C—Volatile Organic Compound Transfer Operations 

*******

Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities 

115.221 ........ Emission Specifications .................. 9/10/2014 4/30/2015 [Insert FR citation].

115.222 ........ Control Requirements ..................... 9/10/2014 4/30/2015 [Insert FR citation].

* * * * * * * 

115.224 ........ Inspection Requirements ................ 9/10/2014 4/30/2015 [Insert FR citation].

115.225 ........ Testing Requirements ..................... 9/10/2014 4/30/2015 [Insert FR citation].

115.226 ........ Recordkeeping Requirements ........ 9/10/2014 4/30/2015 [Insert FR citation].

115.227 ........ Exemptions ..................................... 9/10/2014 4/30/2015 [Insert FR citation].

115.229 ........ Counties and Compliance Schedules.9/10/2014 4/30/2015 [Insert FR citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–10122 Filed 4–29–15; 8:45 am] 

BILLING CODE 6560–50–P 


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1Only the portions of Chapter 2 that relate to the 

Air program are included in the Arkansas SIP. The 

definitions to include are specified in ADEQ letter 

to the EPA dated December 11, 2014, which is 

available in our rulemaking docket and addressed 

in more detail in the TSD. 

2 Ibid. 

3The Arkansas Department of Environmental 

Quality (ADEQ) is the state agency that is charged 

with protecting, enhancing and restoring the 

environment for Arkansas. The Arkansas Pollution 

Control and Ecology Commission (APC&EC) is the 

environmental policy-making body for Arkansas. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R06–OAR–2015–0054; FRL–9926–91– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; State of 

Arkansas; Revisions to the State 

Implementation Plan; Fee Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve revisions to the 

Arkansas State Implementation Plan 

(SIP) related to the Fee Regulations 

section of the Arkansas SIP that were 

submitted by the State of Arkansas on 

November 6, 2012. The EPA has 

evaluated the SIP submittal from 

Arkansas and determined these 

revisions are consistent with the 

requirements of the Clean Air Act (Act 

or CAA). The EPA is approving this 

action under section 110 of the Act. 

DATES: This direct final rule is effective 

on June 29, 2015 without further notice, 

unless the EPA receives relevant 

adverse comment by June 1, 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–2015–0054, 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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2015– 

0054. 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. 

Table of Contents 

I. Background 

A. CAA and SIPs 

B. SIP Revision Submitted on November 6, 

2012 

II. The EPA’s Evaluation 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

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 

approval. 

B. SIP Revision Submitted on November 

6, 2012 

On June 22, 2012, the Arkansas 

Pollution Control and Ecology 

Commission (APC&EC) adopted 

revisions to Regulation 9—Permit Fee 

Regulations, Regulation 19—Regulations 

of the Arkansas Plan of Implementation 

for Air Pollution Control, and 

Regulation 26—Regulations of the 

Arkansas Operating Air Permit Program. 

On October 26, 2012, APC&EC adopted 

additional revisions to Regulation 19. 

Governor Beebe submitted these revised 

regulations as a revision to the Arkansas 

SIP in a letter dated November 6, 2012. 

The November 6th, 2012, letter 

requested that the EPA repeal the 

current SIP-approved permit fee 

program provisions found in Regulation 

9 and replace with the new provisions 

included in the submittal for Chapters 1, 

2,1 3, 5, and 9, of Regulation 9 which 

relate to the State’s air program. This 

action will repeal the current SIPapproved version of Regulation 9 and 

replace with the current version of 

Regulation 9, Chapters 1, 2,2 3, 5, and 

9 as requested by Arkansas. This 

includes revisions to Regulation 9, 

Chapter 5 addressing fee requirements 

for carbon dioxide and methane. The 

revisions to Regulations 19 and 26 will 

be addressed in separate rulemaking by 

the EPA. 

II. The EPA’s Evaluation 

As detailed in the Technical Support 

Document (TSD) accompanying this 

action, the ADEQ 3 submitted a SIP 


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