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 State 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 maintenance 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).

Throughout 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, Stage 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 182(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 control 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 (TSD), instead of repeating the 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 efficiency of ORVR

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 ORVR

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 NAAQS (77 FR 28772). 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 beneficial 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 resources. 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 Texas

Health and 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 consistent with the policies and purposes 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

published in the Texas 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 for 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 are 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 submitted by the State 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 April 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.”
Revisions to the Texas Stage II SIP

The revisions submitted by the TCEQ affect the rules in Chapter 115 and the Stage II SIP narrative. We address the 

The Stage II rules are found at 30 TAC 115.240‐249 and all but section 115.248 (Training Requirements) were submitted fo

below provides an evaluation of each revision, including underline and strikeout annotations of the submitted rules to sh

revised and an explanation for how each revision meets the requirements for SIP approval under Title 40 of the Code of F

part 51 (denoted 40 CFR 51) and the Act.

Table 1: Revisions to 30 TAC 115, Subchapter C, Division 4 (Stage II Vapor Recovery)

Submitted Revisions EPA Co

115.240 Stage II Vapor Recovery Definitions and List of California Air Resources Board certified Stage II

Equipment.(a)(1) Decommission‐‐The permanent removal of the Stage II vapor control equipment at a gasoline dispensing

facility.

(2) Gasoline dispensing facility‐‐A location that dispenses gasoline to motor vehicles and includes retail,

private, and commercial outlets.

(3) [(1)] Major system replacement or modification:

(4) [(2)] Onboard refueling vapor recovery‐‐A system on motor vehicles designed to recover hydrocarbon

vapors that escape during refueling.

(5) [(3)] Onboard refueling vapor recovery compatible‐‐A Stage II vapor recovery system certified by CARB or

other acceptable independent third‐party evaluator, using test methods approved by the executive director, as

onboard refueling vapor recovery (ORVR) compatible or a system listed in subsection (b) of this section, either

of which maintains a required minimum overall system efficiency of 95% (as certified under third‐party

evaluation) while dispensing fuel without difficulty to both ORVR‐equipped and non ORVR‐equipped vehicles.

(6) [(4)] Owner or operator of a motor vehicle fuel dispensing facility—Any person who owns, leases,

operates, or controls the gasoline [motor vehicle fuel] dispensing facility.

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115.241. Decommissioning of Stage II Vapor Recovery Equipment.

(a) The owner or operator of a gasoline dispensing facility may decommission Stage II vapor recovery

equipment beginning 30‐calendar days after the effective date of the United States Environmental Protection

Agency's approval of the repeal of the Stage II vapor recovery requirement and decommissioningrequirements, in compliance with the requirements of this section.

Consist(77 FR 2

51.126

5 We mean EPA’s Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Co

document number EPA‐457/B‐12‐001, dated August 7, 2012 and available electronically at www.epa.gov/glo/pdfs/20120807guidance

in the docket.
Submitted Revisions EPA Co(b) Owners or operators of gasoline dispensing facilities decommissioning Stage II vapor recovery equipment

shall comply with the following:

(1) Intent to decommission notification

(A) The owner or operator of a gasoline dispensing facility shall submit written notification of intent to

decommission the Stage II vapor recovery equipment at least 30‐calendar days prior to the beginning of anydecommissioning activity to the appropriate Texas Commission on Environmental Quality (TCEQ) regional

office and local government with jurisdiction where the gasoline dispensing facility is located.

(B) The notice of intent to decommission must provide a projected start date for decommissioning activity

at the gasoline dispensing facility location. If decommissioning activities are not initiated within 180 calendardays after the date the notice of intent to decommission is received by the TCEQ, the owner or operator of thegasoline dispensing facility shall re‐file the notice of intent to decommission for the gasoline dispensing facilitylocation.

(C) The notice of intent to decommission must include the following information:

(i) gasoline dispensing facility name and location address;

(ii) owner name, address, and phone number;

(iii) operator name, address, and phone number;

(iv) on‐site supervisor contractor name, address, phone number, and Class A or Class A/B Underground

Storage Contractor License number; and

(v) Stage II vapor recovery system information including the vapor recovery system manufacturer, the

California Air Resources Board Executive Order for the system, or other information necessary to identify thesystem.

(2) Start of decommissioning notification. The owner or operator shall also provide notification 24 to 72

hours prior to the beginning of any decommissioning activity by either telephone, e‐mail, or facsimile, to the

appropriate TCEQ regional office and local government with jurisdiction. The notification must include:

(A) the gasoline dispensing facility name and location address;

(B) owner name, address, and phone number;

(C) operator name, address, and phone number; and

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6 The EPA regulations do not require the use of a particular issue of code. The PEI and several states have recommended practices or 

decommissioning Stage II systems. The PEI guidance referred to as PEI RP300‐93 was developed by industry experts with a focus on re

safety. The EPA’s Guidance to Remove Stage II is included in the docket for this rulemaking. The PEI document is protected by copyrig

through the PEI at www.pei.org/.

7 The TCEQ printed the handbook in November 2002 and again in December 2002; December 2002 is the most recent printing. There 

difference between these two printings.
Submitted Revisions EPA Co

(D) planned decommissioning start date.

(3) Required decommissioning activities. The owner or operator of the gasoline dispensing facility shall

perform and complete all of the following decommissioning activities, as applicable for the particular Stage II

vapor recovery system equipment installed at the gasoline dispensing facility:

(A) initiating safety procedures;

(B) relieving pressure in the tank ullage by removing all pressure/vacuum vent valves;

(C) draining all liquid collection points;

(D) disconnecting all electrical components of the Stage II system so that no electrical hazards are created

including but not limited to all vapor pumping or processing units and dispenser electronics;

(E) reprogramming the dispenser electronics to reflect that Stage II Vapor Recovery is no longer in service;

(F) securely sealing off the below‐grade vapor piping at a height below the level of the base of the

dispenser using only threaded plugs, threaded caps, or glued fittings;

(G) disconnecting and sealing off the vapor piping at the tank top if this can be done without excavation

and without interfering with the vent line using only threaded plugs, threaded caps, or glue fittings;

(H) securely sealing the lower end of the vapor piping inside the dispenser cabinet using only threaded

plugs, threaded caps, or glue fittings;

(I) replace through attrition or by August 31, 2018 the Stage II hanging hardware including hoses, nozzles,

swivels, and breakaway components with conventional, industry‐standard hanging hardware;

(J) installing appropriate pressure/vacuum vent valve(s);

(K) removing any Stage II instructions from the dispenser cabinet;

(L) visually inspecting and verifying that the visible components of the storage system are left in a condition

that will reliably prevent the release of any vapors or liquids from any components of the storage system;

(M) conducting the Texas test procedures TXP‐102 (Vapor Recovery Test Procedures Handbook, RG‐399,

December 2002) and recording results on Form 102 indicating that the storage system is in a condition that will

prevent leaking of vapors or liquids prior to restoring the facility to operating status;

(N) conducting the Texas test procedures TXP‐103, Procedure 2, (Vapor Recovery Test Procedures Hand

Book, RG‐399, December 2002) recording results on Form 103 indicating that the vent lines are functioning in a

condition that will prevent the leaking of vapors or liquids prior to restoring the facility to operating status;

(O) disconnecting the OPW VaporSavor or Arid Permeater vapor recovery systems if they are present on

the Stage II system and sealing piping using only threaded plugs, threaded caps, or glue fittings; and

(P) disconnecting the central vacuum motor if present on the Stage II system and sealing piping using only

Only th

Arid Pevacuum installe

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8 Other brands could have been installed, but were not.
Submitted Revisions EPA Cothreaded plugs, threaded caps, or glue fittings.

(4) Decommissioning completion notice. The owner or operator of the gasoline dispensing facility shall notify

in writing the TCEQ regional office and local government with jurisdiction where the gasoline dispensing facility

is located no later than ten calendar days after completion of all decommissioning activity at the gasoline

dispensing facility. Notification must include:

(A) gasoline dispensing facility name and location address;

(B) owner name, address, and phone number;

(C) operator name, address, and phone number;

(D) a certified and signed document with the name, address, and the Class A or Class A/B license number of

the on‐site supervisor who directed the decommissioning;

(E) name, address, and the Class A or Class A/B license number of the on‐site supervisor who directed the

testing to ensure that no leaks have been detected; and

(F) copies TX‐102 and TX‐103 Procedure test results.

(c) The owner or operator shall comply with the following decommissioning deadlines.

(1) The owner or operator shall complete all decommissioning activity at a gasoline dispensing facility

location within 30 calendar days after the date decommissioning activity was initiated.

(2) Owners or operators of all gasoline dispensing facilities, regardless of location in the state, shall have

completed the decommissioning of all Stage II vapor recovery control equipment no later than August 31,

2018.115.242. Control Requirements.(a) After May 16, 2012, the owner or operator of a newly constructed gasoline dispensing facility is no longer

required to install Stage II vapor controls on its gasoline dispensing equipment in any county in the state of

Texas. Gasoline dispensing facilities that did not have Stage II vapor controls as of May 16, 2012 due to a

confirmed exemption because of low monthly throughput or low average monthly throughput are not subject

to the requirements of this division.

(b) The owner or operator of every gasoline dispensing facility that has installed Stage II vapor controls shall

complete decommissioning of Stage II vapor controls no later than August 31, 2018.

(c) All owners or operators of gasoline dispensing facilities decommissioning installed Stage II vapor controls

shall comply with the requirements of §115.241 of this title (relating to Decommissioning of Stage II Vapor

Recovery Equipment).

(d) Until the owner or operator of a gasoline dispensing facility decommissions Stage II vapor recovery controls

that are installed at the gasoline dispensing facility, the owner or operator shall be subject to the following

requirements of this section as well as the requirements of this division.

Consist

(77 FR 251.126Consist

Guidan
Submitted Revisions EPA Co

[For all persons in the counties listed in §115.249 of this title (relating to Counties and Compliance

Schedules) and affected by this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor

Vehicle Fuel Dispensing Facilities), a vapor recovery system will be assumed to comply with the specified

emission limitation of §115.241 of this title (relating to Emission Specifications) if the following conditions are

met.]

(1) All installed [The facility is equipped with a] Stage II vapor recovery systems must be [system] certified by

a California Air Resources Board (CARB) Executive Order in effect as of January 1, 2002 (as specified in

§115.240(b) of this title (relating to Stage II Vapor Recovery Definitions and List of California Air Resources

Board Certified Stage II Equipment)); or certified by a CARB Executive Order in effect after January 1, 2002,

except that the executive director reserves the right to continue to recognize any CARB Executive Orders

decertified after January 1, 2002; or certified by an alternative procedure that [which] meets the requirements

specified in §115.243 of this title (relating to Alternate Control Requirements). In addition:

(A) Stage II vapor recovery balance systems that [which] include vapor check valves in a location other

than the nozzle may not be installed;

(B) Stage II vapor recovery systems that [which] include dual‐hang (non‐coaxial) hoses may not be

installed; and

(C) all Stage II vapor recovery systems must be onboard refueling vapor recovery (ORVR) compatible, as

defined in §115.240 of this title [in accordance with the schedules in §115.249 of this title].

(9) The owner or operator of a gasoline [motor vehicle fuel] dispensing facility shall post operating

instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II vapor

recovery system. These instructions, at a minimum, include:

[(10) Any motor vehicle fuel dispensing facility that does not meet an

exemption in §115.247 of this title (relating to Exemptions) shall have 120 days to come into compliance with

the provisions of this division and will remain subject to the provisions of this division even if its gasoline

throughput later falls below throughput limits, except that:]

[(A) at a facility exempted under §115.247(2) of this title for which an exceedance occurred between

January 1, 1991, and November 15, 1992, the owner or operator may petition the executive director to permit

a continuance of the facility's exempt status provided that the average monthly throughput calculated from

January 1, 1991, to November 15, 1992, remained below 10,000 gallons. If exempt status is continued by the

executive director, the annual verification of exempt status as required in §115.247(2) of this title must be

fulfilled; and]

[(B) at a facility exempted under §115.247(2) of this title for which an exceedance occurred for any

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system

Stage II gasolinand de
Submitted Revisions EPA Coconsecutive 30‐day period due to an emergency condition or natural disaster after November 15, 1992, the

owner or operator may petition the executive director to permit the continuance of the facility's exempt status

or extended compliance schedule status. If exempt status is continued by the executive director, the

requirement of annual verification of the status as stated in §115.247(2) of this title must be fulfilled.]

[(11) Any facility having installed Stage II vapor recovery system(s) or component(s) previously certified by

CARB via an Executive Order, for which certification was revoked by CARB, prior to January 1, 2002, must install

and have operational an approved system(s) or component(s) as referenced in paragraph (1) of this section as

soon as practicable, but no later than September 1, 2006.]

[(12) After November 15, 1993, the owner or operator shall provide written notification of any Stage II vapor

recovery system installation to the appropriate regional office and any local air pollution program with

jurisdiction at least 30 days prior to start of construction. The information in the notification shall include, but

is not limited to:]

[(A) facility name, location (physical and mailing address); name, address, and phone number of owner(s)

and operator(s); name and phone number of owner's representative; name, address, and phone number of

contractor(s); and the Petroleum Storage Tank Facility ID number and Owner ID number (if known);]

[(B) proposed start date; and]

[(C) type of Stage II system to be installed, including CARB Executive Order number(s) or third‐party

certification number(s) and the number of gasoline nozzles at the facility.]

Consist

and 40 

115.243. Alternate Control Requirements.

Alternate methods of complying with §115.242(d)(1) [§115.242(1)] of this title (relating to Control

Requirements) may be approved by the executive director if:

(1) emission reductions are demonstrated to be equivalent or greater than those afforded by the

requirements in §115.242(d)(1) [§115.242(1)] of this title; and

(2) the Stage II vapor recovery system is capable of meeting the applicable performance requirements

prescribed in this division [(relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel

Dispensing Facilities),] as certified by third‐party evaluation conducted by a qualified independent testing

organization using a code or standard of practice, acceptable to the executive director, which has been

developed by a nationally recognized agency, association, or independent testing laboratory.

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115.244. Inspection Requirements.The owner or operator of any gasoline [motor vehicle fuel] dispensing facility subject to the control

requirements of this division [(relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel

Dispensing Facilities)] shall conduct daily inspections of the Stage II vapor recovery system for the defects

specified in §115.242(d)(3) and (4) [§115.242(3) and (4)] of this title (relating to Control Requirements) as

Stage II gasolin
Submitted Revisions EPA Cofollows.

(1) For all systems, the daily inspections must [shall] include the applicable portions of §115.242(d)(3)(A) ‐

(F), (H), and (K), and (4) [§115.242(d)(3)(A) ‐ (F), (H), and (K), and (4)] of this title.

(2) For assist systems that use a processor, indicating mechanisms designed by the Stage II vapor recovery

equipment manufacturer to verify proper operation must [shall] be inspected daily. Examples of these

indicating mechanisms include flame detection sensors, remote (from the processor) visual or audible displays

indicating system operation, or other means as described in the applicable Executive Order for the system.

(3) For all systems, the components listed in §115.242(d)(3)(J) [§115.242(3)(J)] of this title must [shall] be

inspected at least monthly.

(4) For all systems, the components listed in §115.242(d)(3)(G) [§115.242(3)(G)] of this title must [shall] be

inspected at least annually.

delete make r

115.245. Testing Requirements.Prior to the decommissioning deadline of August 31, 2018, owners or operators of gasoline dispensing facilities

that have not yet decommissioned Stage II vapor controls in compliance with the requirements of this division

shall repair, replace, or retain Stage II vapor controls as follows. [For all affected persons, compliance with§115.241 and §115.242 of this title (relating to Emission Specifications and Control Requirements) shall be

determined at each gasoline dispensing facility by testing as follows.]

(5) All required tests must be conducted either in the presence of a Texas Commission on Environmental

Quality or local program inspector with jurisdiction, or by a person who is registered with the executive

director to conduct Stage II vapor recovery tests. The requirement to be registered [shall] begins on November

15, 1993, or 60 days after the executive director has established the registry, whichever occurs later. The

executive director may remove an individual from the registry of testers for any of the following causes:

Mainta

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115.246. Recordkeeping Requirements.(a) The owner or operator of any gasoline [motor vehicle fuel] dispensing facility subject to the control

requirements of this division [(relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel

Dispensing Facilities)] shall maintain the following records:

(5) a record of the results of testing conducted at the gasoline [motor vehicle fuel] dispensing facility in

accordance with the provisions specified in §115.245 of this title (relating to Testing Requirements);

(6) a record of the results of the daily inspections conducted at the gasoline [motor vehicle fuel] dispensing

facility in accordance with the provisions specified in §115.244 of this title (relating to Inspection

Requirements); and

Stage II gasolinand de
Submitted Revisions EPA Co

(7) copies of all notifications and records sufficient to demonstrate compliance with the applicable

decommissioning steps listed in §115.241 of this title (relating to Decommissioning of Stage II Vapor Recovery

Equipment), including all required test results, kept on site for five years following the completion of the

decommissioning activity.

[(7)] [all records shall be maintained for at least two years, except that the CARB Executive Order(s) or third‐

party certification(s) specified in paragraph (1) of this section, any applicable alternate method of control

requirement approval specified in paragraph (2) of this section, and testing results specified in paragraph (5) of

this section shall be kept on‐site indefinitely. These records shall be:]

(b) All records required under subsection (a) of this section must be maintained and made available as follows.

(1) Records required under subsection (a)(1), (2), (5), and (7) of this section must be maintained until five

years following the date of decommissioning completion. Records required under subsection (a)(3), (4), and (6)of this section must be maintained for at least two years.

(2) [(A)] Records must be kept on site [on‐site] at facilities ordinarily manned during business hours[,] and

made immediately available for review upon request by authorized representatives of the executive director,

United States Environmental Protection Agency (EPA) [EPA] or any local air pollution control program with

jurisdiction; or

(3) [(B)] Records for gasoline dispensing facilities unmanned at the time of inspection, must be made

available at the site within 48 hours after being requested by authorized representatives of the executive

director, EPA, or any local air pollution control program with jurisdiction.

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[115.241. Emission Specifications.]

[No person in the counties listed in §115.249 of this title (relating to Counties and Compliance Schedules) shall

transfer or allow the transfer of gasoline from any stationary storage container into a motor vehicle fuel tank,

unless an approved Stage II vapor recovery system has been installed which is certified to reduce the emissions

of volatile organic compound to the atmosphere by at least 95%.]

Consist(77 FR 2

51.126
Submitted Revisions EPA Co[115.247. Exemptions.]

[The following are exempt from the requirements of this division (relating to Control of Vehicle Refueling

Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities):]

[(1) gasoline dispensing equipment used exclusively for the fueling of aircraft, watercraft, or implements of

agriculture;]

[(2) any motor vehicle fuel dispensing facility for which construction began prior to November 15, 1992, and

which has a monthly throughput of less than 10,000 gallons of gasoline. For the purposes of this paragraph, the

monthly throughput shall be based on the maximum monthly gasoline throughput for any calendar month

after January 1, 1991. To maintain a facility's exempt status under this paragraph, the owner or operator must

submit the facility's monthly gasoline throughput on an annual basis no later than January 31 of each year to

the executive director or designated representative; and]

[(3) any motor vehicle dispensing facility where 95% or more of the motor vehicle fleet being fueled onsite is

equipped with onboard refueling vapor recovery equipment. To maintain a facility's exempt status under this

paragraph, the owner or operator must submit documentation showing the fleet meets the requirements

under this paragraph on an annual basis no later than January 31 of each year to the executive director or

designated representative.]

Consist(77 FR 251.126

[115.249. Counties and Compliance Schedules.]

[(a) The rules in this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel

Dispensing Facilities) apply to affected persons in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort

Bend, Galveston, Harris, Hardin, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties.]

[(b) All affected persons shall continue to comply with this division as required by §115.930 of this title (relating

to Compliance Dates).]

[(c) All Stage II vapor recovery systems must be onboard refueling vapor recovery (ORVR) compatible according

to the following schedules:]

[(1) all installations of Stage II vapor recovery systems installed on or after April 1, 2005, must be ORVR

compatible; and]

[(2) all Stage II vapor recovery systems installed before April 1, 2005, must be upgraded to an ORVR

compatible system no later than April 1, 2007.]

Consist

(77 FR 251.126

The revisions to Chapter 115 are consistent with the Stage II waiver (77 FR 28772) and 40 CFR 51.126, the EPA’s G

Stage II Controls and the PEI RP300–93. In addition, the revisions addressing Stage II equipment that is still in place maint

SIP requirements addressing maintenance, testing and recordkeeping. Other changes provide clarity, update references a

text. We recommend approval of the revisions to Chapter 115.
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 Controls. 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 (Applicability) 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 held by the 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 understand that

the TCEQ did not receive adverse 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 (Certification 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 certain 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 recommend approval 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 website9 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 after 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 (Equipment 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 the 16 counties 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 State 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 revisions to

Chapter 9 (Investigations) 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 chapters to the SIP narrative: Chapter 11 (Stage 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, applicability, 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 section 110(l) of the Act, 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 (as defined in section 171 of the Act), or any other applicable requirement of this Act. Our

evaluation of Chapter 12 follows.

Consistency 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 Guidance on Removing Stage 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, ORVR‐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 benefit” from Stage 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 exceeds that of Stage 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 the extent

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 pollutant 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 November 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

attainment of the 1997 ozone NAAQS through 2021. We approved the 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 222.75 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 inventories (EIs) are 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 continue 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 these analyses, we would not expect the loss 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 quality plans

adopted by the State 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 published,

we cannot 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 VOC 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 Stage II equipment 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 equipped with ORVR. 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 2012 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 nationwide determination 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 NAAQS 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 emission 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 Texas 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 expect decommissioning 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,

consequently yielding VOC 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 and 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 the 2011 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 determine what portion of the 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 Texas Department of Motor 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 that 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 2013.15 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 nationwide determination 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 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. In addition, the revisions addressing Stage II equipment that remains to be decommissioned

maintain the prior approved SIP requirements addressing control 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 Stage 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 estimated in the past before ORVR 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 whole 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 decommissioning 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 Stage 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. 28778).
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 under § 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 submitting 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 completeness

determination 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 checklist 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 the 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 became effective October 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 Code.

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

                                                           

16 The October 31, 2013 submittals are provided 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 effective

date of the regulation 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 procedural requirements 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). Evidence 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 hearing(s).

Notices of public 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 , 2013

 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 State's laws and constitution, 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 compilation 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 the

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, quantification 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). Demonstration 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 maintenance 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) selected, 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 practice

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 determined in practice

(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 included. 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 part 51, Appendix V.