### Docket ID: EPA

‐ R06

‐ OAR

‐ 2013

‐ 0439

Technical Support Document

Addressing

Approval and Promulgation of Air Quality Implementation Plans; Texas; Stage II Vapor Recovery

Program and Control of Air Pollution from Volatile Organic Compounds

November 2013

This is the Environmental Protection Agency’s (EPA’s) technical review of two revisions to the

Texas St at e Implementation Plan (SIP) submitted by the Texas Commission on Environmental Quality

(TCEQ) on October 31, 2013. The submittals revise the State’s Stage II rules at Title 30 of the Texas

Administrative Code, Chapter 115 (denoted 30 TAC 115 or Chapter 115) and the State’s Stage II SIP

narrative. The revisions address the mai n tenance and eventual removal of Stage II vapor recovery

equipment and include a demonstration that removal of the Stage II equipment would not interfere

with attainment of the National Ambient Air Quality Standard (NAAQS) for ozone or any other

requirement of the Clean Air Act (CAA or Act).

Throughou t this document, “we,” “us,” and “our” means the EPA.

Introduction

Stage II vapor recovery is a means of capturing gasoline vapors during refueling of an

automobile. In Texas, this involves special nozzles and coaxial hoses at each gas pump. With the

enactment of the CAA Amendments on November 15

, 1990, Stag e II gasoline vapor recovery systems

have been a required emissions control measure in Serious, Severe, and Extreme ozone nonattainment

areas. 1 

### Gasoline vapors belong to a class of pollutants called volatile organic compounds (VOCs), which

can react with sunlight to form ground level ozone. Originally, the section 182(b)(3) Stage II requirement

also applied in all Moderate ozone nonattainment areas. However, under section 202(a)(6) of the CAA,

42 U.S.C. 7521(a)(6), the requirements of section 18 2(b)(3 ) no longer apply in Moderate ozone

nonattainment areas after EPA promulgated standards for onboard refueling vapor recovery (ORVR). 2



### Under implementation rules issued in 2002 for the 1997 8

‐ hour ozone standard, EPA retained the Stage

II

‐ related requirements under section 182(b)(3) as they applied for the 1

‐ hour ozone standard (see 40

CFR 51.900(f)(5) and 40 CFR 51.916(a)).

In Texas, there are four areas where Stage II vapor recovery contr o l is required: Beaumont

‐ Port

Arthur (BPA), including Hardin, Jefferson and Orange counties; Dallas

‐ Fort Worth (DFW), including Collin,

Dallas, Denton and Tarrant counties; El Paso County (ELP); and Houston

‐ Galveston

‐ Brazoria (HGB),

including Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller counties.

In this technical support document (T SD), instead of repeating th e list of these 16 counties, we will

simply note “the 16 counties.”

Beginning with model year 1998, ORVR equipment has been phased in for new vehicles, and has

been a required control on nearly all new highway vehicles since 2006. 3 

### The ORVR is an emission control

system in the automobile that captures gasoline vapors during refueling. The vehicle’s gas tank and fill

1 See CAA section 182(b)(3), 42 U.S.C. 7511a(b)(3).

2 See 59 FR 16262 (April 6, 1994), codified at 40 CFR parts 86 (including 86.098–8), 88 and 600.

3 Under the current regulatory construct, motorcycles and heavy

‐ duty gasoline vehicles not manufactured as a

complete chassis are not required to install ORVR, so it is likely that there will be some very small percentage of

gasoline refueling emissions not captured by ORVR controls. More detail on ORVR is available at

http:// www.epa.gov /otaq/orvr.htm

.

### 2 pipe are designed so that when refueling, the gas vapors travel into an activated carbon canister, which

collects the vapors. When the engine is running, it draws gas vapors from the canister into the engine to

be used as fuel. The ORVR system is very efficient; the per

‐ vehicle vapor recovery efficie ncy of ORV R

exceeds that of Stage II. And unlike Stage II, which is a requirement only in certain ozone nonattainment

areas, ORVR requirements apply to vehicles everywhere. Over time, non

‐ ORVR vehicles continue to be

replaced with newer, ORVR

‐ equipped vehicles. On May 16, 2012, the EPA determined that at ORV R

technology is in widespread use throughout the motor vehicle fleet for purposes of controlling motor

vehicle refueling emissions, and the EPA waived the requirement for states to implement Stage II

gasoline vapor recovery systems at gasoline dispensing facilities (GDFs) in nonattainment areas classified

as Serious and above for the ozone NA AQS (77 FR 2 8772). The EPA determined that emission reductions

from ORVR

‐ equipped vehicles are essentially equal to and will soon surpass the emission reductions

achieved by Stage II alone (77 FR 28772). We waived the Stage II requirement in order to ensure that

refueling vapor control regulations are ben e ficial without being unnecessarily burdensome to American

business. In addition, we determined that a state previously required to implement a Stage II program

may take appropriate action to remove the program from its SIP (77 FR 28772). 4



### Legal Authority

The Texas Clean Air Act (TCAA) was adopted into the Texas SIP in 1981 (46 FR 61124) and at that

time, the TCAA named the Texas Air Control Board (TACB) as the state air control agency, with principal

authority in the state on matters relating to the quality of air reso urces. In 1991, the Texas Legislature

abolished the TACB and its powers, duties, responsibilities and functions were transferred to the Texas

Natural Resource Conservation Commission (TNRCC). In 2001, the Texas Legislature changed the name

of the TNRCC to the Texas Commission on Environmental Quality. The TCAA is codified under the Te xas

Health an d Safety Code (THSC), Chapter 382. The current version of the TCAA, which pertains to the

TCEQ, retains the authorities approved into the SIP in 1981.

Under sections 382.011, 382.012 and 382.023 of the THSC the TCEQ has the authority to control

the quality of the state’s air and to issue orders consis tent with the policies and pu rposes of the TCAA.

On October 31, 2013, the TCEQ submitted to the EPA proposed to their Stage II rules at 30 TAC

115 and to their Stage II SIP narrative. The notice of public hearings on these proposed revisions was

publishe d in the Tex as Register on May 10, 2013, page 2885 (see 38 TexReg 2885) and the public

comment period closed June 10, 2013. The revisions were adopted by the TCEQ on October 9, 2013 and

published in the Texas Register on October 25, 2013, page 7453 (see 38 TexReg 7453).

A checklist fo r the SIP completeness criteria established in 40 CFR part 51, Appendix V is

provided at the end of this TSD.

The Texas Stage II Vapor Recovery Program

The State rules pertaining to the control of vehicle refueling emissions (Stage II) at motor vehicle

fuel dispensing facilities ar e found in 30 TAC 115, Subchapter C (Volatile Organic Compound Transfer

Operations), Division 4. The State also has a Stage II SIP narrative, which provides a description of the

Stage II program components. We refer to these documents collectively as the “Stage II SIP.”

The first Stage II SIP was s ubmitted by the St ate to EPA on September 30, 1992. The SIP required

owners and operators of GDFs to install and operate Stage II vapor recovery equipment in the four Texas

ozone nonattainment areas classified as moderate or worse. These four areas include the 16 counties

identified above. The EPA approved these rules on Ap ri l 15, 1994 (59 FR 17940). Subsequent revisions to

the Stage II SIP were approved by EPA on May 22, 1997 (62 FR 27964), July 16, 2001 (66 FR 36917),

March 29, 2005 (70 FR 15769) and January 19, 2006 (71 FR 3009).

4 In this TSD we refer to the May 16, 2012 action as “the Stage II waiver.”3RevisionstotheTexasStageIISIPTherevisionssubmittedbytheTCEQaffecttherulesinChapter115andtheStageIISIPnarrative.Weaddresstherulerevisionsfirst.TheStageIIrulesarefoundat30TAC115.240‐249andallbutsection115.248(TrainingRequirements)weresubmittedforrevision.Table1belowprovidesanevaluationofeachrevision,includingunderlineandstrikeoutannotationsofthesubmittedrulestoshowhoweachsectionisrevisedandanexplanationforhoweachrevisionmeetstherequirementsforSIPapprovalunderTitle40oftheCodeofFederalRegulations,part51(denoted40CFR51)andtheAct.Table1:Revisionsto30TAC115,SubchapterC,Division4(StageIIVaporRecovery)SubmittedRevisionsEPAComments115.240StageIIVaporRecoveryDefinitionsandListofCaliforniaAirResourcesBoardcertifiedStageIIEquipment.(a)(1)Decommission‐‐ThepermanentremovaloftheStageIIvaporcontrolequipmentatagasolinedispensingfacility.(2)Gasolinedispensingfacility‐‐Alocationthatdispensesgasolinetomotorvehiclesandincludesretail,private,andcommercialoutlets.(3)[(1)]Majorsystemreplacementormodification:(4)[(2)]Onboardrefuelingvaporrecovery‐‐Asystemonmotorvehiclesdesignedtorecoverhydrocarbonvaporsthatescapeduringrefueling.(5)[(3)]Onboardrefuelingvaporrecoverycompatible‐‐AStageIIvaporrecoverysystemcertifiedbyCARBorotheracceptableindependentthird‐partyevaluator,usingtestmethodsapprovedbytheexecutivedirector,asonboardrefuelingvaporrecovery(ORVR)compatibleorasystemlistedinsubsection(b)ofthissection,eitherofwhichmaintainsarequiredminimumoverallsystemefficiencyof95%(ascertifiedunderthird‐partyevaluation)whiledispensingfuelwithoutdifficultytobothORVR‐equippedandnonORVR‐equippedvehicles.(6)[(4)]Owneroroperatorofamotorvehiclefueldispensingfacility—Anypersonwhoowns,leases,operates,orcontrolsthegasoline[motorvehiclefuel]dispensingfacility.NewdefinitionsareconsistentwithEPA’sGuidancetoRemoveStageIIControls.5Numbersmarkingtheparagraphsarerevisedtoadjustforinsertionofnewparagraphs(1)and(2).StageIIisagasolinevaporrecoverysystemandnotapplicabletoothermotorvehiclefuels.115.241.DecommissioningofStageIIVaporRecoveryEquipment.(a)TheowneroroperatorofagasolinedispensingfacilitymaydecommissionStageIIvaporrecoveryequipmentbeginning30‐calendardaysaftertheeffectivedateoftheUnitedStatesEnvironmentalProtectionAgency'sapprovaloftherepealoftheStageIIvaporrecoveryrequirementanddecommissioningrequirements,incompliancewiththerequirementsofthissection.ConsistentwithStageIIwaiver(77FR28772)and40CFR51.126.5WemeanEPA’sGuidanceonRemovingStageIIGasolineVaporControlProgramsfromStateImplementationPlansandAssessingComparableMeasures,EPAdocumentnumberEPA‐457/B‐12‐001,datedAugust7,2012andavailableelectronicallyatwww.epa.gov/glo/pdfs/20120807guidance.pdf.Thisguidanceisalsointhedocket.4SubmittedRevisionsEPAComments(b)OwnersoroperatorsofgasolinedispensingfacilitiesdecommissioningStageIIvaporrecoveryequipmentshallcomplywiththefollowing:(1)Intenttodecommissionnotification(A)TheowneroroperatorofagasolinedispensingfacilityshallsubmitwrittennotificationofintenttodecommissiontheStageIIvaporrecoveryequipmentatleast30‐calendardayspriortothebeginningofanydecommissioningactivitytotheappropriateTexasCommissiononEnvironmentalQuality(TCEQ)regionalofficeandlocalgovernmentwithjurisdictionwherethegasolinedispensingfacilityislocated.(B)Thenoticeofintenttodecommissionmustprovideaprojectedstartdatefordecommissioningactivityatthegasolinedispensingfacilitylocation.Ifdecommissioningactivitiesarenotinitiatedwithin180calendardaysafterthedatethenoticeofintenttodecommissionisreceivedbytheTCEQ,theowneroroperatorofthegasolinedispensingfacilityshallre‐filethenoticeofintenttodecommissionforthegasolinedispensingfacilitylocation.(C)Thenoticeofintenttodecommissionmustincludethefollowinginformation:(i)gasolinedispensingfacilitynameandlocationaddress;(ii)ownername,address,andphonenumber;(iii)operatorname,address,andphonenumber;(iv)on‐sitesupervisorcontractorname,address,phonenumber,andClassAorClassA/BUndergroundStorageContractorLicensenumber;and(v)StageIIvaporrecoverysysteminformationincludingthevaporrecoverysystemmanufacturer,theCaliforniaAirResourcesBoardExecutiveOrderforthesystem,orotherinformationnecessarytoidentifythesystem.(2)Startofdecommissioningnotification.Theowneroroperatorshallalsoprovidenotification24to72hourspriortothebeginningofanydecommissioningactivitybyeithertelephone,e‐mail,orfacsimile,totheappropriateTCEQregionalofficeandlocalgovernmentwithjurisdiction.Thenotificationmustinclude:(A)thegasolinedispensingfacilitynameandlocationaddress;(B)ownername,address,andphonenumber;(C)operatorname,address,andphonenumber;and“Ullage”isheadspace.TheseactivitiesareconsistentwithEPA’sGuidancetoRemoveStageIIControls,therecommendedinstallationanddecommissioningprocedurespublishedbythePetroleumEquipmentInstitute(PEIRP300–93)6andTexastestproceduresintheVaporRecoveryTestProceduresHandBook(RG‐399),datedDecember2002.76TheEPAregulationsdonotrequiretheuseofaparticularissueofcode.ThePEIandseveralstateshaverecommendedpracticesorspecificrequirementsfordecommissioningStageIIsystems.ThePEIguidancereferredtoasPEIRP300‐93wasdevelopedbyindustryexpertswithafocusonregulatorycomplianceandsafety.TheEPA’sGuidancetoRemoveStageIIisincludedinthedocketforthisrulemaking.ThePEIdocumentisprotectedbycopyrightandisavailablethroughthePEIatwww.pei.org/.7TheTCEQprintedthehandbookinNovember2002andagaininDecember2002;December2002isthemostrecentprinting.Thereisnosubstantivedifferencebetweenthesetwoprintings.5SubmittedRevisionsEPAComments(D)planneddecommissioningstartdate.(3)Requireddecommissioningactivities.Theowneroroperatorofthegasolinedispensingfacilityshallperformandcompleteallofthefollowingdecommissioningactivities,asapplicablefortheparticularStageIIvaporrecoverysystemequipmentinstalledatthegasolinedispensingfacility:(A)initiatingsafetyprocedures;(B)relievingpressureinthetankullagebyremovingallpressure/vacuumventvalves;(C)drainingallliquidcollectionpoints;(D)disconnectingallelectricalcomponentsoftheStageIIsystemsothatnoelectricalhazardsarecreatedincludingbutnotlimitedtoallvaporpumpingorprocessingunitsanddispenserelectronics;(E)reprogrammingthedispenserelectronicstoreflectthatStageIIVaporRecoveryisnolongerinservice;(F)securelysealingoffthebelow‐gradevaporpipingataheightbelowthelevelofthebaseofthedispenserusingonlythreadedplugs,threadedcaps,orgluedfittings;(G)disconnectingandsealingoffthevaporpipingatthetanktopifthiscanbedonewithoutexcavationandwithoutinterferingwiththeventlineusingonlythreadedplugs,threadedcaps,orgluefittings;(H)securelysealingthelowerendofthevaporpipinginsidethedispensercabinetusingonlythreadedplugs,threadedcaps,orgluefittings;(I)replacethroughattritionorbyAugust31,2018theStageIIhanginghardwareincludinghoses,nozzles,swivels,andbreakawaycomponentswithconventional,industry‐standardhanginghardware;(J)installingappropriatepressure/vacuumventvalve(s);(K)removinganyStageIIinstructionsfromthedispensercabinet;(L)visuallyinspectingandverifyingthatthevisiblecomponentsofthestoragesystemareleftinaconditionthatwillreliablypreventthereleaseofanyvaporsorliquidsfromanycomponentsofthestoragesystem;(M)conductingtheTexastestproceduresTXP‐102(VaporRecoveryTestProceduresHandbook,RG‐399,December2002)andrecordingresultsonForm102indicatingthatthestoragesystemisinaconditionthatwillpreventleakingofvaporsorliquidspriortorestoringthefacilitytooperatingstatus;(N)conductingtheTexastestproceduresTXP‐103,Procedure2,(VaporRecoveryTestProceduresHandBook,RG‐399,December2002)recordingresultsonForm103indicatingthattheventlinesarefunctioninginaconditionthatwillpreventtheleakingofvaporsorliquidspriortorestoringthefacilitytooperatingstatus;(O)disconnectingtheOPWVaporSavororAridPermeatervaporrecoverysystemsiftheyarepresentontheStageIIsystemandsealingpipingusingonlythreadedplugs,threadedcaps,orgluefittings;and(P)disconnectingthecentralvacuummotorifpresentontheStageIIsystemandsealingpipingusingonlyOnlytheOPWVaporSavorandAridPermeaterbrandsofvacuumequipmentareinstalledinTexas.8ConsistentwithEPA’sGuidancetoRemoveStageIIControls,PEIRP300–93,andRG‐399.WeunderstandthattheTCEQdidnotreceiveadversecommentsregardingtheAugust2018completiondate.8Otherbrandscouldhavebeeninstalled,butwerenot.6SubmittedRevisionsEPACommentsthreadedplugs,threadedcaps,orgluefittings.(4)Decommissioningcompletionnotice.TheowneroroperatorofthegasolinedispensingfacilityshallnotifyinwritingtheTCEQregionalofficeandlocalgovernmentwithjurisdictionwherethegasolinedispensingfacilityislocatednolaterthantencalendardaysaftercompletionofalldecommissioningactivityatthegasolinedispensingfacility.Notificationmustinclude:(A)gasolinedispensingfacilitynameandlocationaddress;(B)ownername,address,andphonenumber;(C)operatorname,address,andphonenumber;(D)acertifiedandsigneddocumentwiththename,address,andtheClassAorClassA/Blicensenumberoftheon‐sitesupervisorwhodirectedthedecommissioning;(E)name,address,andtheClassAorClassA/Blicensenumberoftheon‐sitesupervisorwhodirectedthetestingtoensurethatnoleakshavebeendetected;and(F)copiesTX‐102andTX‐103Proceduretestresults.(c)Theowneroroperatorshallcomplywiththefollowingdecommissioningdeadlines.(1)Theowneroroperatorshallcompletealldecommissioningactivityatagasolinedispensingfacilitylocationwithin30calendardaysafterthedatedecommissioningactivitywasinitiated.(2)Ownersoroperatorsofallgasolinedispensingfacilities,regardlessoflocationinthestate,shallhavecompletedthedecommissioningofallStageIIvaporrecoverycontrolequipmentnolaterthanAugust31,2018.115.242.ControlRequirements.(a)AfterMay16,2012,theowneroroperatorofanewlyconstructedgasolinedispensingfacilityisnolongerrequiredtoinstallStageIIvaporcontrolsonitsgasolinedispensingequipmentinanycountyinthestateofTexas.GasolinedispensingfacilitiesthatdidnothaveStageIIvaporcontrolsasofMay16,2012duetoaconfirmedexemptionbecauseoflowmonthlythroughputorlowaveragemonthlythroughputarenotsubjecttotherequirementsofthisdivision.(b)TheowneroroperatorofeverygasolinedispensingfacilitythathasinstalledStageIIvaporcontrolsshallcompletedecommissioningofStageIIvaporcontrolsnolaterthanAugust31,2018.(c)AllownersoroperatorsofgasolinedispensingfacilitiesdecommissioninginstalledStageIIvaporcontrolsshallcomplywiththerequirementsof§115.241ofthistitle(relatingtoDecommissioningofStageIIVaporRecoveryEquipment).(d)UntiltheowneroroperatorofagasolinedispensingfacilitydecommissionsStageIIvaporrecoverycontrolsthatareinstalledatthegasolinedispensingfacility,theowneroroperatorshallbesubjecttothefollowingrequirementsofthissectionaswellastherequirementsofthisdivision.ConsistentwithStageIIwaiver(77FR28772)and40CFR51.126.ConsistentwithEPA’sGuidancetoRemoveStageII7SubmittedRevisionsEPAComments[Forallpersonsinthecountieslistedin§115.249ofthistitle(relatingtoCountiesandComplianceSchedules)andaffectedbythisdivision(relatingtoControlofVehicleRefuelingEmissions(StageII)atMotorVehicleFuelDispensingFacilities),avaporrecoverysystemwillbeassumedtocomplywiththespecifiedemissionlimitationof§115.241ofthistitle(relatingtoEmissionSpecifications)ifthefollowingconditionsaremet.](1)Allinstalled[Thefacilityisequippedwitha]StageIIvaporrecoverysystemsmustbe[system]certifiedbyaCaliforniaAirResourcesBoard(CARB)ExecutiveOrderineffectasofJanuary1,2002(asspecifiedin§115.240(b)ofthistitle(relatingtoStageIIVaporRecoveryDefinitionsandListofCaliforniaAirResourcesBoardCertifiedStageIIEquipment));orcertifiedbyaCARBExecutiveOrderineffectafterJanuary1,2002,exceptthattheexecutivedirectorreservestherighttocontinuetorecognizeanyCARBExecutiveOrdersdecertifiedafterJanuary1,2002;orcertifiedbyanalternativeprocedurethat[which]meetstherequirementsspecifiedin§115.243ofthistitle(relatingtoAlternateControlRequirements).Inaddition:(A)StageIIvaporrecoverybalancesystemsthat[which]includevaporcheckvalvesinalocationotherthanthenozzlemaynotbeinstalled;(B)StageIIvaporrecoverysystemsthat[which]includedual‐hang(non‐coaxial)hosesmaynotbeinstalled;and(C)allStageIIvaporrecoverysystemsmustbeonboardrefuelingvaporrecovery(ORVR)compatible,asdefinedin§115.240ofthistitle[inaccordancewiththeschedulesin§115.249ofthistitle].(9)Theowneroroperatorofagasoline[motorvehiclefuel]dispensingfacilityshallpostoperatinginstructionsconspicuouslyonthefrontofeachgasolinedispensingpumpequippedwithaStageIIvaporrecoverysystem.Theseinstructions,ataminimum,include:[(10)Anymotorvehiclefueldispensingfacilitythatdoesnotmeetanexemptionin§115.247ofthistitle(relatingtoExemptions)shallhave120daystocomeintocompliancewiththeprovisionsofthisdivisionandwillremainsubjecttotheprovisionsofthisdivisionevenifitsgasolinethroughputlaterfallsbelowthroughputlimits,exceptthat:][(A)atafacilityexemptedunder§115.247(2)ofthistitleforwhichanexceedanceoccurredbetweenJanuary1,1991,andNovember15,1992,theowneroroperatormaypetitiontheexecutivedirectortopermitacontinuanceofthefacility'sexemptstatusprovidedthattheaveragemonthlythroughputcalculatedfromJanuary1,1991,toNovember15,1992,remainedbelow10,000gallons.Ifexemptstatusiscontinuedbytheexecutivedirector,theannualverificationofexemptstatusasrequiredin§115.247(2)ofthistitlemustbefulfilled;and][(B)atafacilityexemptedunder§115.247(2)ofthistitleforwhichanexceedanceoccurredforanyControlsandPEIRP300–93.MaintainspriorSIPrequirementsforStageIIsystemsthatarestillinplace.StageIIappliesonlytogasoline;editsprovideclarityanddeleteredundanttext.8SubmittedRevisionsEPACommentsconsecutive30‐dayperiodduetoanemergencyconditionornaturaldisasterafterNovember15,1992,theowneroroperatormaypetitiontheexecutivedirectortopermitthecontinuanceofthefacility'sexemptstatusorextendedcomplianceschedulestatus.Ifexemptstatusiscontinuedbytheexecutivedirector,therequirementofannualverificationofthestatusasstatedin§115.247(2)ofthistitlemustbefulfilled.][(11)AnyfacilityhavinginstalledStageIIvaporrecoverysystem(s)orcomponent(s)previouslycertifiedbyCARBviaanExecutiveOrder,forwhichcertificationwasrevokedbyCARB,priortoJanuary1,2002,mustinstallandhaveoperationalanapprovedsystem(s)orcomponent(s)asreferencedinparagraph(1)ofthissectionassoonaspracticable,butnolaterthanSeptember1,2006.][(12)AfterNovember15,1993,theowneroroperatorshallprovidewrittennotificationofanyStageIIvaporrecoverysysteminstallationtotheappropriateregionalofficeandanylocalairpollutionprogramwithjurisdictionatleast30dayspriortostartofconstruction.Theinformationinthenotificationshallinclude,butisnotlimitedto:][(A)facilityname,location(physicalandmailingaddress);name,address,andphonenumberofowner(s)andoperator(s);nameandphonenumberofowner'srepresentative;name,address,andphonenumberofcontractor(s);andthePetroleumStorageTankFacilityIDnumberandOwnerIDnumber(ifknown);][(B)proposedstartdate;and][(C)typeofStageIIsystemtobeinstalled,includingCARBExecutiveOrdernumber(s)orthird‐partycertificationnumber(s)andthenumberofgasolinenozzlesatthefacility.]ConsistentwithStageIIwaiverand40CFR51.126.115.243.AlternateControlRequirements.Alternatemethodsofcomplyingwith§115.242(d)(1)[§115.242(1)]ofthistitle(relatingtoControlRequirements)maybeapprovedbytheexecutivedirectorif:(1)emissionreductionsaredemonstratedtobeequivalentorgreaterthanthoseaffordedbytherequirementsin§115.242(d)(1)[§115.242(1)]ofthistitle;and(2)theStageIIvaporrecoverysystemiscapableofmeetingtheapplicableperformancerequirementsprescribedinthisdivision[(relatingtoControlofVehicleRefuelingEmissions(StageII)atMotorVehicleFuelDispensingFacilities),]ascertifiedbythird‐partyevaluationconductedbyaqualifiedindependenttestingorganizationusingacodeorstandardofpractice,acceptabletotheexecutivedirector,whichhasbeendevelopedbyanationallyrecognizedagency,association,orindependenttestinglaboratory.Editsmakereferencescurrentanddeleteredundanttext.115.244.InspectionRequirements.Theowneroroperatorofanygasoline[motorvehiclefuel]dispensingfacilitysubjecttothecontrolrequirementsofthisdivision[(relatingtoControlofVehicleRefuelingEmissions(StageII)atMotorVehicleFuelDispensingFacilities)]shallconductdailyinspectionsoftheStageIIvaporrecoverysystemforthedefectsspecifiedin§115.242(d)(3)and(4)[§115.242(3)and(4)]ofthistitle(relatingtoControlRequirements)asStageIIappliesonlytogasoline;editsprovideclarity,9SubmittedRevisionsEPACommentsfollows.(1)Forallsystems,thedailyinspectionsmust[shall]includetheapplicableportionsof§115.242(d)(3)(A)‐(F),(H),and(K),and(4)[§115.242(d)(3)(A)‐(F),(H),and(K),and(4)]ofthistitle.(2)Forassistsystemsthatuseaprocessor,indicatingmechanismsdesignedbytheStageIIvaporrecoveryequipmentmanufacturertoverifyproperoperationmust[shall]beinspecteddaily.Examplesoftheseindicatingmechanismsincludeflamedetectionsensors,remote(fromtheprocessor)visualoraudibledisplaysindicatingsystemoperation,orothermeansasdescribedintheapplicableExecutiveOrderforthesystem.(3)Forallsystems,thecomponentslistedin§115.242(d)(3)(J)[§115.242(3)(J)]ofthistitlemust[shall]beinspectedatleastmonthly.(4)Forallsystems,thecomponentslistedin§115.242(d)(3)(G)[§115.242(3)(G)]ofthistitlemust[shall]beinspectedatleastannually.deleteredundanttextandmakereferencescurrent.115.245.TestingRequirements.PriortothedecommissioningdeadlineofAugust31,2018,ownersoroperatorsofgasolinedispensingfacilitiesthathavenotyetdecommissionedStageIIvaporcontrolsincompliancewiththerequirementsofthisdivisionshallrepair,replace,orretainStageIIvaporcontrolsasfollows.[Forallaffectedpersons,compliancewith§115.241and§115.242ofthistitle(relatingtoEmissionSpecificationsandControlRequirements)shallbedeterminedateachgasolinedispensingfacilitybytestingasfollows.](5)AllrequiredtestsmustbeconductedeitherinthepresenceofaTexasCommissiononEnvironmentalQualityorlocalprograminspectorwithjurisdiction,orbyapersonwhoisregisteredwiththeexecutivedirectortoconductStageIIvaporrecoverytests.Therequirementtoberegistered[shall]beginsonNovember15,1993,or60daysaftertheexecutivedirectorhasestablishedtheregistry,whicheveroccurslater.Theexecutivedirectormayremoveanindividualfromtheregistryoftestersforanyofthefollowingcauses:MaintainspriorSIPrequirementsforStageIIequipmentthatisstillinplace.115.246.RecordkeepingRequirements.(a)Theowneroroperatorofanygasoline[motorvehiclefuel]dispensingfacilitysubjecttothecontrolrequirementsofthisdivision[(relatingtoControlofVehicleRefuelingEmissions(StageII)atMotorVehicleFuelDispensingFacilities)]shallmaintainthefollowingrecords:(5)arecordoftheresultsoftestingconductedatthegasoline[motorvehiclefuel]dispensingfacilityinaccordancewiththeprovisionsspecifiedin§115.245ofthistitle(relatingtoTestingRequirements);(6)arecordoftheresultsofthedailyinspectionsconductedatthegasoline[motorvehiclefuel]dispensingfacilityinaccordancewiththeprovisionsspecifiedin§115.244ofthistitle(relatingtoInspectionRequirements);andStageIIappliesonlytogasoline;editsprovideclarityanddeleteredundanttext.10SubmittedRevisionsEPAComments(7)copiesofallnotificationsandrecordssufficienttodemonstratecompliancewiththeapplicabledecommissioningstepslistedin§115.241ofthistitle(relatingtoDecommissioningofStageIIVaporRecoveryEquipment),includingallrequiredtestresults,keptonsiteforfiveyearsfollowingthecompletionofthedecommissioningactivity.[(7)][allrecordsshallbemaintainedforatleasttwoyears,exceptthattheCARBExecutiveOrder(s)orthird‐partycertification(s)specifiedinparagraph(1)ofthissection,anyapplicablealternatemethodofcontrolrequirementapprovalspecifiedinparagraph(2)ofthissection,andtestingresultsspecifiedinparagraph(5)ofthissectionshallbekepton‐siteindefinitely.Theserecordsshallbe:](b)Allrecordsrequiredundersubsection(a)ofthissectionmustbemaintainedandmadeavailableasfollows.(1)Recordsrequiredundersubsection(a)(1),(2),(5),and(7)ofthissectionmustbemaintaineduntilfiveyearsfollowingthedateofdecommissioningcompletion.Recordsrequiredundersubsection(a)(3),(4),and(6)ofthissectionmustbemaintainedforatleasttwoyears.(2)[(A)]Recordsmustbekeptonsite[on‐site]atfacilitiesordinarilymannedduringbusinesshours[,]andmadeimmediatelyavailableforreviewuponrequestbyauthorizedrepresentativesoftheexecutivedirector,UnitedStatesEnvironmentalProtectionAgency(EPA)[EPA]oranylocalairpollutioncontrolprogramwithjurisdiction;or(3)[(B)]Recordsforgasolinedispensingfacilitiesunmannedatthetimeofinspection,mustbemadeavailableatthesitewithin48hoursafterbeingrequestedbyauthorizedrepresentativesoftheexecutivedirector,EPA,oranylocalairpollutioncontrolprogramwithjurisdiction.Addsrecordkeepingrequirementforde‐commissioning,consistentwithEPA’sGuidancetoRemoveStageIIControlsandwithPEIRP300–93.MaintainspriorSIPrequirementsforrecord‐keeping.Editsprovideclarity.[115.241.EmissionSpecifications.][Nopersoninthecountieslistedin§115.249ofthistitle(relatingtoCountiesandComplianceSchedules)shalltransferorallowthetransferofgasolinefromanystationarystoragecontainerintoamotorvehiclefueltank,unlessanapprovedStageIIvaporrecoverysystemhasbeeninstalledwhichiscertifiedtoreducetheemissionsofvolatileorganiccompoundtotheatmospherebyatleast95%.]ConsistentwithStageIIwaiver(77FR28772)and40CFR51.126.11SubmittedRevisionsEPAComments[115.247.Exemptions.][Thefollowingareexemptfromtherequirementsofthisdivision(relatingtoControlofVehicleRefuelingEmissions(StageII)atMotorVehicleFuelDispensingFacilities):][(1)gasolinedispensingequipmentusedexclusivelyforthefuelingofaircraft,watercraft,orimplementsofagriculture;][(2)anymotorvehiclefueldispensingfacilityforwhichconstructionbeganpriortoNovember15,1992,andwhichhasamonthlythroughputoflessthan10,000gallonsofgasoline.Forthepurposesofthisparagraph,themonthlythroughputshallbebasedonthemaximummonthlygasolinethroughputforanycalendarmonthafterJanuary1,1991.Tomaintainafacility'sexemptstatusunderthisparagraph,theowneroroperatormustsubmitthefacility'smonthlygasolinethroughputonanannualbasisnolaterthanJanuary31ofeachyeartotheexecutivedirectorordesignatedrepresentative;and][(3)anymotorvehicledispensingfacilitywhere95%ormoreofthemotorvehiclefleetbeingfueledonsiteisequippedwithonboardrefuelingvaporrecoveryequipment.Tomaintainafacility'sexemptstatusunderthisparagraph,theowneroroperatormustsubmitdocumentationshowingthefleetmeetstherequirementsunderthisparagraphonanannualbasisnolaterthanJanuary31ofeachyeartotheexecutivedirectorordesignatedrepresentative.]ConsistentwithStageIIwaiver(77FR28772)and40CFR51.126.[115.249.CountiesandComplianceSchedules.][(a)Therulesinthisdivision(relatingtoControlofVehicleRefuelingEmissions(StageII)atMotorVehicleFuelDispensingFacilities)applytoaffectedpersonsinBrazoria,Chambers,Collin,Dallas,Denton,ElPaso,FortBend,Galveston,Harris,Hardin,Jefferson,Liberty,Montgomery,Orange,Tarrant,andWallerCounties.][(b)Allaffectedpersonsshallcontinuetocomplywiththisdivisionasrequiredby§115.930ofthistitle(relatingtoComplianceDates).][(c)AllStageIIvaporrecoverysystemsmustbeonboardrefuelingvaporrecovery(ORVR)compatibleaccordingtothefollowingschedules:][(1)allinstallationsofStageIIvaporrecoverysystemsinstalledonorafterApril1,2005,mustbeORVRcompatible;and][(2)allStageIIvaporrecoverysystemsinstalledbeforeApril1,2005,mustbeupgradedtoanORVRcompatiblesystemnolaterthanApril1,2007.]ConsistentwithStageIIwaiver(77FR28772)and40CFR51.126.TherevisionstoChapter115areconsistentwiththeStageIIwaiver(77FR28772)and40CFR51.126,theEPA’sGuidancetoRemoveStageIIControlsandthePEIRP300–93.Inaddition,therevisionsaddressingStageIIequipmentthatisstillinplacemaintainthepriorapprovedSIPrequirementsaddressingmaintenance,testingandrecordkeeping.Otherchangesprovideclarity,updatereferencesanddeleteredundanttext.WerecommendapprovaloftherevisionstoChapter115.

### 12 The TCEQ is also revising the Stage II SIP narrative, which provides an accounting of the Stage II

program components.

The revisions add the terms Decommissioning and Gasoline Dispensing Facilities to the list of

definitions that precede Chapter 1. These changes are consistent with the EPA’s Guidance to Remove

Stage II Contr o ls. Chapter 1 (General) provides a history of the Federal and Texas Stage II program,

including the revisions evaluated here, the public hearing schedule, and instructions regarding the public

comment period. We recommend approval of the revisions to the list of definitions and Chapter 1.

The revisions to Chapter 2 (Appli c ability) specify that applicability of Stage II requirements would

continue to apply until the owner or operator of the GDF completes the approved decommissioning

process. The revisions would also require existing GDF owners or operators to properly decommission

Stage II equipment by August 31, 2018. During the stakeholder meetings hel d by th e TCEQ, owners and

operators of GDFs with relatively newer Stage II equipment expressed a desire to maintain such

equipment through its useful life (five to six years) and consensus was reached for August 31, 2018 as

the date by which all Stage II equipment would be decommissioned. Furthermore, we u nderstand that

the TCEQ did not receive ad verse comments regarding the August 31, 2018 completion date. These

revisions are consistent with the Stage II waiver, 40 CFR 51.126, the EPA’s Guidance to Remove Stage II

Controls and the PEI RP300

‐ 93. We therefore recommend approval of the revisions to Chapter 2.

The revisions to Chapter 3 (Certifica tion of Approved Vapor Recovery Systems) specify that

verification of the equipment would continue until owners or operators of existing GDFs decommission

their Stage II equipment. The revisions to Chapter 4 (Training) require that training requirements would

remain applicable until the Stage II equipment is decommissioned at the GDF or August 31, 2018. The

revisions to Chapters 3 and 4 release GDF owners or operators from cer t ain Stage II equipment

requirements only after they have completed decommissioning of such equipment. These revisions are

consistent with the Stage II waiver and 40 CFR 51.126. We re commend approv al of the revisions to

Chapters 3 and 4.

The revisions to Chapter 5 (Public Information) would require the TCEQ to add information to its

Gasoline Vapor Recovery website 9 

### including, but not limited to the requirements for properly

decommissioning Stage II equipment. The revisions to Chapter 6 (Facility Recordkeeping) would add

requirements for decommissioning notifications and results of all applicable system tests required after

decommissioning. The revisions to Chapter 7 (Recordkeeping) would require notification to the TCEQ of

decommissioning activities before and af t er decommissioning; such notifications would be required to

be maintained in the GDF station file for five years following decommissioning. The revisions to Chapters

5, 6 and 7 are consistent with the EPA’s Guidance to Remove Stage II Controls and PEI RP300–93. We

recommend approval of the revisions to Chapters 5, 6 and 7.

The revisions to Chapter 8 ( E quipment Installation and Testing) would allow owners and

operators of GDFs to begin the decommissioning process after the effective date of EPA’s approval of

these SIP revisions. Decommissioning must be completed by August 31, 2018. The owner or operator of

GDFs in th e 16 coun ties would be required to repair and replace Stage II equipment with equipment that

complies with the requirements of this Chapter until August 31, 2018, unless the GDF owner or operator

has decommissioned the Stage II equipment in accordance with these revised rules and the SIP. No

owner or operator in the St at e would be allowed to install Stage II equipment. These revisions maintain

the prior approved SIP requirements for remaining Stage II equipment and are consistent with the Stage

II waiver and 40 CFR 51.126, EPA Guidance to Remove Stage II and the PEI RP300–93. The rev isions to

Chapter 9 (I nvestigations) would apply to investigations of decommissioned GDFs to verify program

compliance at any time during the five years following decommissioning. Investigations of Stage II

equipment in place are still required, consistent with the prior SIP. The revisions to Chapter 10 (Program

9 See www.tceq.texas.gov/airquality/mobilesource/vapor_recovery.html

.

### 13 Penalties) would add penalties to violations of decommissioning requirements. There are no changes to

the SIP regarding penalties that apply to violations of Stage II requirements. The revisions to Chapters 9

and 10 are consistent with the PEI RP300–93. We recommend approval of the revisions to Chapters 8, 9,

and 10.

The revisions add two new chapt ers to the SIP narrative: Chapter 11 (S tage II Decommissioning)

and Chapter 12 (Demonstrating Noninterference under Federal Clean Air Act, Section 110(l)). The new

Chapter 11 would require that the procedures at 30 TAC 115.241 be followed for decommissioning and

includes sections on procedures, appli c ability, notification, activities, and completion and

recordkeeping. These sections are described in detail in Table 2 below.

Table 2: Revisions to the Stage II SIP Narrative, Chapter 11

Submitted Revisions EPA Comments

11.1 Decommissioning Procedures

The procedures and requirements specified in the rulemaking would be

required to be followed for the decommissioning of the Stage II vapor

recovery equipment that is in place at gasoline dispensing facilities (GDF).

The process for implementing decommissioning procedures can be found in

30 Texas Administrative Code (TAC) §115.241, Decommissioning of Stage II

Vapor Recovery Equipment

. Consistent with EPA’s

Guidance to Remove

Stage II Controls and the

PEI R300

‐ 93.

11.2 Decommission Applicability

Owners or operators of GDFs would be authorized to begin decommissioning

activities 30

‐ calendar days after the approval by the United States

Environmental Protection Agency of this state implementation plan (SIP)

revision and the corresponding rulemaking, 30 TAC Chapter 115, Subchapter

C, Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel

Dispensing Facilities (Rule Project No. 2013

‐ 001

‐ 115

‐ AI).

The owners and operators of all GDFs with Stage II vapor recovery

equipment would be required to complete decommissioning no later than

August 31, 2018. We understand the

State’s final rule would

allow decommissioning

after the effective date

of EPA’s approval of the

referenced revisions.

This is consistent with

the Stage II waiver, 40

CFR 51.126 and EPA’s

Guidance to Remove

Stage II Controls.

11.3 Notification Prior to Decommissioning

Owners and operators of the GDFs would be required to submit written

notification to the Texas Commission on Environmental Quality (TCEQ)

regional office and local government with jurisdiction where the GDF is

located 30

‐ calendard days prior to the beginning of decommissioning

activities.

An additional notification to the TCEQ regional office and local government

with jurisdiction where the GDF is located must be made at least three days

prior to beginning decommissioning by either telephone, e

‐ mail, or facsimile.

The notifications would include detailed information on the GDF, the

contractor performing the decommissioning activity, the Stage II system

specifics and the scheduled dates for decommissioning. Consistent with EPA’s

Guidance to Remove

Stage II Controls and the

PEI R300

‐ 93.

11.4 Decommissioning Activities

Owners and operators of the GDFs will ensure that all applicable

decommissioning activities required in 30 TAC §115.241, Decommissioning of

Stage II Vapor Recovery Equipment are performed and completed. Consistent with EPA’s

Guidance to Remove

Stage II Controls and the

PEI R300

‐ 93.

### 14 11.5 Decommission Completion and Recordkeeping

Owners and operators of the GDFs are required to notify the TCEQ regional

office and local government with jurisdiction where the GDF is located within

10

‐ calendar days of completion of decommissioning. The notification is

required to include: documentation sufficient to demonstrate compliance

with decommissioning requirements; the name, address and license number

of the licensed contractor who performed the testing to ensure that no leaks

have been detected; and copies of all required test results including the TX

‐

102 and TX

‐ 103 tests. A copy of the checklist and notification must be kept at

the GDF for five years. Consistent with EPA’s

Guidance to Remove

Stage II Controls and the

PEI R300

‐ 93.

The revisions to add Chapter 11 are consistent with the Stage II waiver and 40 CFR 51.126, EPA’s

Guidance to Remove Stage II and the PEI RP300–93. We recommend approval of the revisions to

Chapter 11.

The new Chapter 12 would demonstrate noninterference with section 110(l) of the CAA.

Pursuant to s ection 110(l) of the Act, th e Administrator shall not approve a revision of a plan if the

revision would interfere with any applicable requirement concerning attainment and reasonable further

progress (as defined in section 171 of the Act), or any other applicable requirement of this Act. Our

evaluation of Chapter 12 fo llows.

Consis tency with Section 110(l)

The TCEQ estimated the impact on air quality from decommissioning Stage II in each of the four

areas where such vapor recovery control is required: the BPA, DFW and HGB areas and El Paso County.

To calculate the impacts the TCEQ used equations from the EPA’s Guidan ce on Removing Sta ge II

Controls. Rather than estimating the pace at which the Stage II equipment would be decommissioned,

the TCEQ assumed that there would be no Stage II controls in the four areas. The results show only the

effect of fleet turnover, as older vehicles are gradually replaced by newer, ORV R

‐ equipped vehicles.

Such calculations would over

‐ estimate the VOC emissions generated by refueling, because they ignore

the benefit of Stage II equipment still in place and as such, these calculations could be considered

“worst

‐ case” projections. The estimated impacts show increases in VOC emissions and we refer to these

increases as a “loss in ben efit” from St age II decommissioning. In all four areas the loss in benefit (or

gain in VOC emissions) from decommissioning decreases quickly, because a decreasing amount of

gasoline is being dispensed to non

‐ ORVR equipped vehicles and the per

‐ vehicle vapor recovery

efficiency of ORVR ex ceeds that of Stag e II (77 FR 28772). An evaluation of each of the four areas is

provided below. 10

10 We note that section 193 of the Act addresses rules and controls in effect before November 15, 1990: “Each

regulation, standard, rule, notice, order and guidance promulgated or issued by the Administrator under this

chapter, as in effect before November 15, 1990, shall remain in effect according to its terms, except to th e exte nt

otherwise provided under this chapter, inconsistent with any provision of this chapter, or revised by the

Administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement, or

plan in effect before November 15, 1990, in any area which is a nonattainment area for any air polluta nt may be

modified after November 15

, 1990, in any manner unless the modification insures equivalent or greater emission

reductions of such air pollutant.” The requirement for Stage II didn’t exist before November 15, 1990, but was

added under the CAA Amendments, which were signed into law on Nove mber 15

, 1990. Thus, section 193 would

not apply to the decommissioning of Stage II.

### 15 1. Beaumont

‐ Port Arthur

For the BPA area, the TCEQ estimates that decommissioning would increase VOC emissions in

the area by as much as 0.059 tons per day (tpd) in 2021. We compared this loss in benefit with the VOC

emissions in the BPA maintenance plan for the 1997 8

‐ hour ozone NAAQS, which demonstrates

attainme nt of the 1997 ozone NAAQS through 2021. We approved th e BPA maintenance plan, including

the associated emissions, on October 20, 2010 (75 FR 64675) and February 4, 2013 (78 FR 7672). 11 

### In the

approved maintenance plan, the VOC emissions for 2021 are projected to be 222.69 tpd, which is 12.18

tpd higher than the 2005 base year emissions of 210.51 tpd (78 FR 7672). Adding the VOC emission

increases due to decommissioning in 2021 (222.69 + 0.059) provides an estimated 222.749 tpd (we

round up to 2 22.75 tpd ). Thus, with decommissioning the VOC emission increases from 2005 to 2021

(222.75

‐ 210.51) are 12.24 tpd or 5.8% greater than the base year; we call this a “shortfall” in emissions

reductions because a maintenance demonstration is satisfied if the state demonstrates that future

emission inve ntories (EIs) ar e consistently less than the attainment or base year EI. However, the

approved maintenance plan also provides a decrease in NOx emissions from 2005 to 2021 of 7.3%,

which offsets the 5.8% shortfall in VOC emissions reductions. These totals demonstrate that overall,

including Stage II decommissioning, emissions in the BPA area would contin ue to shrink.

In addition, photochemical modeling analyses in the approved maintenance plan show that the

formation of ozone in the BPA area is more sensitive to NOx than to VOC emissions. 12 

### Specifically,

photochemical modeling analyses show that to lower the ozone design value in the BPA area, reducing

NOx emissions is 3.76 times as effective as reducing VOC emissions (75 FR 64675). Thus, we would

expect the increase in VOC emissions to be fully offset by the decrease in NOx.

Based on th ese analyses, we would not expect the lo ss in benefit from Stage II decommissioning

to contribute to future violations of the ozone standard in the BPA area.

2. Dallas

‐ Fort Worth

For the DFW area, the TCEQ estimates that decommissioning would increase VOC emissions in

the area as much as 2.425 tpd in 2012 and 1.594 tpd in 2014. Decommissioning did not begin in 2012,

but the State began with 2012 because EIs for 2012 are included in the most current air quali ty plans

adopted by the St ate for the DFW area. On January 17, 2012, the TCEQ submitted to EPA the reasonable

further progress (RFP) plan to address the DFW serious ozone nonattainment area under the 1997

ozone NAAQs; EPA is taking action on such RFP plan separately, but until our final action is p ublished,

we can not refer to those RFP EI data in this action. 13



### The TCEQ established long ago that DFW area ozone levels are sensitive to NOx emissions. By

being “sensitive” to NOx (or “NOx

‐ limited”), we mean that decreases in NOx emissions are more

effective in lowering the area's ozone design value than reductions of VOC emissions. The estimated

increase of 1.594 tpd of VO C in 2014, which is when we expect decommissioning to begin in the DFW

area, assumes that Stage II is completely absent in the four counties. However, Stage II is still in place

and we expect that decommissioning will occur gradually, because owners and operators of GDFs with

relatively newer Stag e II e quipment prefer to maintain such equipment through its useful life. A gradual

decommissioning process would consequently provide VOC emission increases of less than that

estimated for 2014. For these reasons, we would not expect the loss in benefit from Stage II

11 The action at 78 FR 7672 approved the BPA motor vehicle emission budgets (MVEBs), which replaced prior

MVEBs with those based on the MOVES2010a emissions model.

12 See 75 FR 64675, specifically the TSD and proposed rule. The docket ID is EPA

‐ R06

‐ OAR

‐ 2008

‐ 0932.

13 Upon publication, the docket will be accessible to the public; the docket ID for such action is EPA

‐ R06

‐ OAR

‐ 2012

‐

0099 at www.regulations.gov

.

### 16 decommissioning to contribute to future violations of the ozone standard in the DFW area or interfere

with RFP or any applicable CAA requirements.

In addition and as described in more detail on p. 17 of this TSD, the TCEQ reviewed vehicle

registration data for 2011 to estimate the portion of on

‐ road vehicles equi pped with ORV R. The results

show that by the end of 2012 approximately 78.5% of the vehicles registered in Collin, Dallas, Denton,

and Tarrant counties were equipped with ORVR. Using national default fuel economy values with the

2011 data, the TCEQ estimated that 83.6% of the gasoline dispensed in these counties in 20 12 was to

ORVR

‐ equipped vehicles. These percentages are higher than the projected penetration of ORVR in the

national vehicle fleet, as presented by EPA in the Stage II waiver (77 FR 28772, 28778). 14 

### The EPA

determined that at least 75% of ORVR coverage (the percent of gasoline that will be dispensed into

ORVR

‐ equipped vehicles) is substantial enough to be viewed as “widespread” (77 FR 28772). The TCEQ

does not have to demonstrate that ORVR is in widespread use in the DFW area because EPA’s action at

77 FR 28772 provides a na tionwide de termination of widespread use effective May 16, 2012. However,

these results support the TCEQ’s revisions to decommission Stage II equipment in the DFW area.

3. El Paso

For El Paso County, the TCEQ estimates that decommissioning would increase VOC emissions in

the area as much as 0.224 tpd in 2014. We compared this loss in benefit with the VOC emissions in the

ELP maintenance plan for the 1997 8

‐ hour ozone NAAQS, which demonstrates attainment of the 1997

ozone NAA Q S from 2004 through 2014. We approved the ELP maintenance plan, including the

associated emissions, on January 15, 2009 (74 FR 2387). In the approved maintenance plan, the VOC

emissions for 2014 are projected to be 44.61 tpd, which are less than the base year emissions of 52.44

tpd. Adding the VOC emiss i on increases due to decommissioning (44.61 + 0.224) provides approximately

44.834 tpd, which is also less than the base year. The approved maintenance plan also demonstrates a

surplus in NOx emission reductions. These totals demonstrate that emissions in the ELP area would

continue to decline were Stage II decommissioning approved into the Tex as SIP. We would not expect

the loss in benefit from Stage II decommissioning to contribute to future violations of the ozone

standard in the El Paso area.

4. Houston

‐ Galveston

‐ Brazoria

For the HGB area, the TCEQ estimates that decommissioning would increase VOC emissions in

the area as much as 1.539 tpd in 2014 and as much as 0.667 tpd in 2018.

The TCEQ established long ago that HGB area ozone levels are sensitive to NOx emissions. The

estimated increase of 1.539 tpd of VOC in 2014, which is when we expe ct de commissioning to begin in

the HGB area, assumes that Stage II is completely absent in the eight HGB counties. As stated earlier in

this TSD however, Stage II is still in place and we expect that decommissioning will occur gradually,

conseque ntly yielding VO C emission increases of less than that estimated for 2014. For these reasons,

we would not expect the loss in benefit from Stage II decommissioning to contribute to future violations

of the ozone standard in the HGB area or interfere with RFP or any applicable CAA requirements.

In addition an d as described in more detail below, the TCEQ reviewed vehicle registration data

for 2011 to estimate the portion of on

‐ road vehicles equipped with ORVR. The results show that by the

end of 2012 approximately 77.4% of the vehicles registered in the eight HGB counties were equipped

with ORVR. Using national default fuel economy values with th e 2 011 data, the TCEQ estimated that

82.7% of the gasoline dispensed in these counties in 2012 was to ORVR

‐ equipped vehicles. These

14 The EPA projected that 71.4% of the national vehicle fleet would be equipped with ORVR and 77.7% of the

gasoline dispensed would be to ORVR

‐ equipped vehicles by the end of calendar year 2012. See Table 2 on page

28778 of the rulemaking (77 FR 28772).

### 17 percentages are higher than the projected penetration of ORVR in the national vehicle fleet, (77 FR

28772, 28778). These results support the TCEQ’s revisions to decommission Stage II equipment in the

HGB area.

The Fraction of ORVR

‐ Equipped Vehicles Where Stage II is Required in Texas

The TCEQ reviewed vehicle registration data to deter mine what portion of th e on

‐ road vehicles

in the 16 counties are equipped with ORVR and what portion of the gasoline dispensed in these areas

goes into ORVR

‐ equipped vehicles. To accomplish this, the TCEQ obtained 2011 county registrations,

identified by vehicle age and type, from the Te xas Department of Mo tor Vehicles for the 16 counties.

Using the local 2011 registration data and national default fuel economy values, the TCEQ calculated the

percentage of gasoline dispensed to vehicles equipped with ORVR. A summary of the results are

provided in Tables 7

– 11 of the TCEQ submittal. The results indicate tha t by the end of 2012, more than

75% of gasoline dispensed went to ORVR

‐ equipped vehicles in the four areas that comprise the 16

counties. In addition, at least 75% of the vehicle population in these four areas is expected to be ORVR

‐ equipped by the end of 20 13. 15 

### As described earlier in this TSD, the EPA determined that at least 75% of

ORVR coverage is substantial enough to be viewed as “widespread” (77 FR 28772). The TCEQ does not

have to demonstrate that ORVR is in widespread use in these areas because EPA’s action at 77 FR 28772

provides a na tionwide de termination of widespread use effective May 16, 2012. However, the results of

the TCEQ’s calculations do demonstrate that ORVR is in widespread use in all four areas and thus lend

support to the revisions to decommission Stage II equipment.

Summary and Recommendations

We evaluated the revisions to Chapter 115 and find them to be consistent with th e St age II

waiver (77 FR 28772) and 40 CFR 51.126, the EPA’s Guidance to Remove Stage II Controls and the PEI

RP300–93. In addition, the revisions addressing Stage II equipment that remains to be decommissioned

maintain the prior approved SIP requirements addres sing con trol requirements, inspection, testing, and

recordkeeping. Other changes provide clarity, update references, and remove redundant text.

Therefore, we recommend approval of the revisions to sections 115.240, 115.241, 115.242, 115.243,

115.244, 115.245, 115.246, 115.247 and 115.249. No revisions were submitted for 30 TAC 115.248.

We evaluated the TCEQ’s revisions to the St age II SIP narrative and find them to be consistent

with the Stage II waiver (77 FR 28772) and 40 CFR 51.126, the EPA’s Guidance to Remove Stage II

Controls and the PEI RP300–93. The EPA expects Stage II comparable emissions reductions to be

substantially less than what was esti mated in the past before ORV R use became widespread and

accordingly, we find the TCEQ’s calculations for the loss in VOC benefit from Stage II decommissioning to

be over

‐ estimated, but acceptable. We evaluated the NOx and VOC emissions in each of the BPA and

HGB areas and El Paso County and find that emissions on the wh ol e would continue to decrease in these

areas, were Stage II decommissioning approved into the Texas SIP.

We evaluated the VOC emissions increases projected for the DFW area and do not expect that

the actual increases will contribute to future violations of the ozone standard in the DFW area

.

We find that the deco mmissioning of Stage II equipment in the BPA, DFW and HGB areas and El

Paso County is consistent with section 110(l) of the CAA. Therefore, we recommend approval of the

revisions to the list of definitions and Chapters 1

– 12 of the Sta ge II SIP narrative.

15 The TCEQ’s findings regarding the percentage of gasoline dispensed to vehicles equipped with ORVR in the 16

counties in 2012 and the population of ORVR

‐ equipped vehicles in the 16 counties in 2013 are consistent with the

results of modeling done by EPA (see 77 FR 28772 and Table 2 on p. 2 8778).

### 18 Sip Completeness Determination

The criteria for completeness determination are found in Appendix V to 40 CFR Part 51 and are

outlined below:

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a SIP

submitted for consideration by EPA is an official submission for purposes of review un der § 51.103.

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to meet

the criteria set forth in this appendix V, and request corrective action, identifying the component(s)

absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submi ttin g official whether or not a plan submission meets the

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no later than 6

months after the date which the State was required to submit the plan or revision. If a com pleteness

deter mination is not made by 6 months from receipt of a submittal, the submittal shall be deemed

complete by operation of law on the date 6 months from receipt. A determination of completeness

under this paragraph means that the submission is an official submission for purposes of §51.103.

The following che c klist outlines the basic criteria included under 2.1 and 2.2 of Appendix V.

SIP Completeness Checklist (2.0)

Administrative Materials (2.1)

(a). The package is sent with a formal submittal letter from the Governor or his or her designee

requesting EPA's approval of the revision.

The SIP revisions were submitted by letters from Bryan W. Shaw, Chairman of the TCEQ, dated October

31, 2013. The SIP submittals were received by th e EPA Region 6 Air Planning Section on November 4,

2013. Governor Rick Perry designated that the Chairman of the TCEQ would be his designee for SIP

submittals in a letter dated May 21, 2002. 16



### (b). Evidence is included that the State has adopted the revision in the State code or body of regulations,

or that the State has issued the permit, order, consent agreement (hereafter document) in final form.

This evidence would include:

The revisions were adopted by the TCEQ on October 9, 2013, and becam e effective Oc tober 31, 2013.

(c). Evidence is included that the State has necessary legal authority under State law to adopt and

implement the revision, e.g., a citation of the appropriate State authority.

The authority for promulgating changes to the Texas Stage II SIP and rules at Chapter 115 is found in the

Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Co d e.

(d). A copy is included of the actual regulation or document submitted for approval and incorporation by

16 The October 31, 2013 submittals are pr ovided in the docket for this action.

### 19 reference into the SIP including an indication of the changes made to the existing approved plan where

applicable. The submittal shall be a copy of the official State regulation document signed, stamped, and

dated by the appropriate State official indicating that it is fully enforceable by the State. The ef fective

date of the re gulation document shall, whenever possible, be indicated in the document itself.

The October 31, 2013, submittals included a copy of the official State regulation documents, signed,

stamped, and dated by Bryan W. Shaw, Chairman of the TCEQ.

(e). Evidence is included that the State followed all the proce dural requirem ents of its laws and/or its

constitution in the conducting and completing the adoption/issuance of the plan.

The SIP submittal packages included an order, signed by Bryan W. Shaw, Chairman of the TCEQ,

certifying that the SIP submittal was developed pursuant to the Texas Health and Safety Code and 40

CFR 51.

(f). Evi den ce is included that public notice was given of the proposed changes consistent with the

procedures approved by EPA, including the date of publication of such notice, (e.g., notarized or

certified copies of any public notices published in newspapers). (The notice should be at least 30 days

prior to the public hearin g(s).

Notices of pu blic hearings were published in the following newspapers on the date listed:

 Austin American Statesman: April 26

, 2013

 Beaumont Enterprise: April 26

, 2013

 El Paso Times: April 26

, 2013

 Fort Worth Star Telegram: April 26

, 201 3

 Houston Chronicle: April 26

, 2013



 Texas Register: May 10, 2013

A public hearing was held in Arlington, Texas on June 3, 2013.

(g). A certification is included indicating that public hearing(s) was/were held in accordance with the

information provided in the public notice(s) and the St ate's laws and consti tution, if applicable.

An order adopting revisions to the SIP signed by Bryan W. Shaw, Chairman of the TCEQ was included and

indicated that the public hearing was conducted pursuant to Texas Health and Safety Code § 382.017,

Texas Government Code Chapter 2001, and 40 CFR § 51.102.

(h)

. A compil ation of public comments and the State's response is included.

The SIP submittal package includes a compilation of comments. TCEQ received comments from six

parties during the comment period.

### 20 Technical Support (2.2)

The State should include the following technical information in its SIP revision request package:

(a). Identification of all regulated pollutants affected by the revision is included.

The submittal addresses the impact of the revisions on 

### attainment and maintenance of the 8

‐ hour

ozone standard.

(b). Identification of the locations of affected sources including the EPA attainment or nonattainment

designation of the locations and the status of the attainment plan for the affected area(s) is included.

The SIP revisions pertain to the maintenance and removal of Stage II vapor recovery equipment in th e

Dallas

‐ Fort Worth (DFW) and Houston

‐ Galveston Brazoria (HGB) 8

‐ hour ozone nonattainment areas and

in the Beaumont

‐ Port Arthur (BPA) and El Paso 8

‐ hour ozone maintenance areas.

(c). Quantification of the changes in SIP allowable emissions from the affected sources is included.

(Examples include estimates of changes in current actual emissions from affected sources and/or, where

appropriate, quantifi c ation of changes in actual emissions from affected sources through calculations of

the differences between certain baseline levels and allowable emissions anticipated if the revisions were

approved.)

The submittal shows the differences between certain baseline levels and emissions anticipated if the

revisions are approved.

(d)

. De monstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as

applicable, would be protected if the revision were approved and implemented.

The submittal provides emissions inventories and demonstrate that the revisions are consistent with

section 110(l) of the CAA.

Is there a fully approved mainte nance plan for the primary ambient air quality standards for at least 10

years as required by section 175A of the Clean Air Act?

Not applicable

Are contingency measures included?

Not applicable

(e). Modeling information required to support the proposed revision, including input data, output data,

models used, justification of model(s ) s elected, ambient monitoring data used, meteorological data

used, justification for use of offsite data (where used), modes of models used, assumptions, and other

information relevant to the determination of adequacy of the modeling analysis as needed.

Not applicable

### 21 (f). Evidence is included where necessary, that emission limitations are based on continuous emission

reduction technology (e.g., add

‐ on controls, industrial/process equipment designs, reformulated

materials, etc.).

Not applicable

‐ this SIP submittal does not establish emission limitations.

(g). Evidence is included indicating that a SIP revision contains emission limitations, work practi ce

standards, and recordkeeping/reporting requirements to ensure stated emission levels.

This SIP submittal includes procedures for decommissioning Stage II equipment and does not contain or

revise emission limitations. Recordkeeping and reporting requirements for the maintenance and

decommissioning of the Stage II equipment are included.

(h). Compliance/enforcement strategies including how compliance will be dete rmined in pra ctice

(including at what frequency).

The revisions provide requirements (against which compliance would be measured) and penalties for

violations of the decommissioning requirements.

(i). As appropriate, special economic and technological justifications are included per applicable EPA

policies or an explanation why such justifications are not necessary should be in c luded. For example,

requests for alternative RACT may require such justification.

These justifications are not necessary for this SIP revision.

The October 31, 2013 SIP submittals (Rule Project No. 2013

‐ 001

‐ 115

‐ AI and Project No. 2013

‐ 002

‐ SIP

‐ NR) meet the completeness criteria established in 40 CFR pa rt 51, Appe ndix V.