### ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-0AR-2007-0526; FRL

- -1 

### Approval and Promulgation ofAir Quality Implementation Plans; Texas; Revision to Control Volatile Organic Compound Emissions in the HoustonlGalvestonlBrazoria 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct fmal rule.

SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Texas State Implementation Plan (SIP). The revision adds additional requirements to control volatile organic compound (VOC) emissions from storage tanks, transport vessels and marine vessels in the Houston/GalvestonlBrazoria (HGB) 1997 8-hour ozone nonattainment area, which consists ofBrazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. Specifically, this revision subjects owners or operators ofVOC storage tanks, transport vessels, and marine vessels located in the HGB 1997 8-hour ozone nonattainment area to more stringent control, monitoring, and recordkeeping requirements. EPA is approving the SIP revision because it will help lower ozone levels in the HGB area by reducing VOC emissions. EPA is approving the revision pursuantto section 110 and part D ofthe Clean Air Act (CAA).2
DATES: This direct final rule will be effective 

### [Insert date 60 

### days from date ofpublication in 

### the Federal Register] without further notice unless EPA receives relevant adverse comments by 

### [Insert date 30 

### days from date ofpublication in the Federal Register). Ifadverse comments are received, EPA will publish a timely withdrawal ofthe direct final rule in the 

### Federal Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by DocketNo. EPA-R06-0AR-2007-0526, by
one ofthe following methods:

• Federal e-Rulemaking Portal: http://www.regulations.gov.

• Follow the online instructions for submitting comments. • EPA Region 6 "Contact Us" Website: http://epa.gov/region6/r6coment.htm. Please click on "6PD (Multimedia)" and select "Air" before submitting comments. • E-mail: 

### Mr. Guy Donaldson at donaldson.guy@epa.gov. Please also send a copy by e-mail to the person listed in the 

### FOR FURTHER INFORMATION CONTACT section below. • Fax: 

### Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), at fax number214- 665-7242. • Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. • Hand or CourierDelivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of8 a.m. and 4

### 3
p.m. weekdays, and not on legal holidays. Special arrangements should be made for deliveries ofboxed information. Instructions: Directyour comments to Docket No. EPA-R06-0AR-2007-0526. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit informationthat you considerto be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov web site is an "anonymous access" system, which means EPA will not know your identity or contactinformation unless you provide it in the body ofyour comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address will be automatically captured and included as part ofthe commentthat is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include yourname and other contact information in the body ofyour comment and with any disk or CD-ROM you submit IfEPA cannot read your comment due to technical difficulties and cannot contactyou for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use ofspecial characters, any form of encryption, and be free ofany defects or viruses. Docket: All docwnents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CHI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Section (6PD-4 L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contactthe person listed in the 

### FORFURTHER INFORMATION CONTACT paragraph below or 

### Mr. Bill Deese at 214-665-7253 to make an appointment. Ifpossible, please make the appointmentat least two working days in advance ofyour visit. There will be a 15 cent per page fee for making photocopies ofdocwnents. On the day ofthe visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal is also available for public inspection during official business hours, by appointment, at the Texas Commission on Environmental Quality, Office ofAir Quality, 12124 Park 35 Circle, Austin, Texas 78753.



### FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6645; fax nwnber 214-665-7263; e-mail address young.car/@epa.gov.



### SUPPLEMENTARY INFORMATION: Throughout this docwnent, whenever "we", "us", or "our" is used, we mean the EPA. 

### Outline I. What Action is EPA Taking? II. What is a SIP? III. What is the Backgroundfor this Action?

### 5
IV. What is EPA's Evaluation ofthe Revision? V. Statutory and Executive Order Reviews



### I. 

### What Action is EPA Taking? We are approving a revision to the Texas SIP that adds additional requirements to control VOC emissions from storage tanks, transport vessels and marine vessels in the HGB area, which consists ofBrazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The revision was adopted by the State ofTexas on May 23, 2007 and submitted to EPA on June 13,2007. The revision amended Title 30 ofthe Texas Administrative Code, Chapter 115 (30 TAC 115) by adding a new section 115.110 (Definitions) and revising sections 115.112- 115.117,115.119,115.541-115.547 and 115.549. The revision requires that tanks and vessels in the HGB area store volatile organic liquids at petroleum refineries, chemical plants, gasoline storage terminals, bulkterminals, pipeline breakout stations, and oil and natural gas production sites under additional controls. Specifically, for the HGB areathe revision requires:

• more stringent controls for tank fittings on floating rooftanks and restrictions on floating roof tank landings;

• control ofVOC flash emissions from crude oil and condensate storage tanks at oil and gas exploration and production sites and pipeline breakout stations with uncontrolled flash emissions greater

### than 25 tons per year;

• control ofVOC emissions from the degassing ofstorage tanks with a nominal capacity of 250,000 gallons or more, or with a nominal capacity of75,000 gallons or more storing liquids with a true vapor pressure greater than**~.6** pounds per square inch absolute (psia);6 • control and monitoring ofdegassing vapors from storage vessels, transport vessels, and marine vessels; and

• recordkeeping to validate compliance. For more information on the requirements please see our Technical Support Document (TSD) found in the electronic docket or 30 TAC 115, SubchapterB, Division 1 (Storage ofVolatile Organic Compounds) and SubchapterF, Division 3 (Degassing or Cleaning ofStationary, Marine and Transport Vessels). The electronic docket can be found at the website www.regulations.gov (Docket number EPA-R06-0AR-2007-0526). Control ofVOC emissions will help the area reduce ambient levels ofozone. Our approval will make the revised regulations federally enforceable. We are approving the revision pursuantto section 110 and part D ofthe CAA and EPA's regulations. We are publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no relevant adverse comments. However, in the proposed rules sectionofthis Federal Register publication, we are publishing a separate documentthat will serve as the proposal to approve the SIP revision ifrelevant adverse comments are received. This rule will be effective on [Insert date 60 days from date of publication in the Federal Register] without further notice unless we receive relevant adverse commentby [Insert date 30 days from date ofpublication in the Federal Register]. Ifwe receive relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so now. Please note that ifwe receive adverse comment on an amendment, paragraph, or section ofthis rule and ifthat7 provision may be severed from the remainder ofthe rule, we may adopt as final those provisions ofthe rule that are not the subject ofan adverse comment.



### II. What is a SIP? Section 110 ofthe CAA requires states to develop airpollution regulations and control strategies to ensure that air quality meets the national ambient air quality standards (NAAQS) established by EPA. NAAQS are established under section 109 ofthe CAA and currently address six criteriapollutants: carbonmonoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. A SIP is a set ofair pollution regulations, control strategies, other means or techniques, and technical analyses developed by the state, to ensure thatthe state meets the NAAQS. It is required by section 110 and other provisions ofthe CAA. A SIP protects air quality primarily by addressing air pollution at its point oforigin. A SIP can 

### beextensive, containing state regulations or other enforceable documents, and supporting information such as emissions inventories, monitoring networks, and modeling demonstrations. Each state must submit regulations and control strategies to EPA for approval and incorporation into the federallyenforceable SIP.



### III. What isthe Background for this Action? Inhaling ozone, even at low levels, can trigger a variety ofhealth problems including chestpains, coughing, nausea, throat irritation, and congestion. It can also worsen bronchitis and asthma, and reduce lung capacity. VOCs and oxides ofnitrogen (NOx) are known as "ozone precursors", as they react with oxygen and sunlight to form ozone. Motor vehicle exhaust and8
industrial emissions, gasoline vapors and chemical solvents emit VOC and NOx. Controlling

sources ofVOe and NOx emissions can lower ozone levels in the ambient air. On July 18, 1997, we promulgated an 8-hour ozone standard of0.08 parts per million (ppm), which is more protective than the previous I-hourozone-standard (62 FR 38855).1 On April 30, 2004, we published designations and classifications for the 1997 8-hourozone standard (69 FR 23858). The HGB area, which consists ofBrazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Wallercounties was classified as a moderate ozone nonattainment area, with an attainment date no later than June 15,2010. On October 1,2008, at the request ofthe Governor ofTexas, we reclassified the area as a severe ozone nonattainment area with an attainment date no later than June 15, 2019 (73 FR 56983). The State ofTexas found that certaintypes ofVOe storage tank emissions, including 

### degassing, flash, and floating rooflanding loss emissions, have been unreported or underreported in the HGB area. The State revised the voe control regulations in the SIP to help reduce emissions from these sources in the HGB area. The revision to the SIP was adopted by the State on May 23,2007 and submitted it to EPA on June 13,2007.



### IV. Whatis EPA's Evaluation ofthe Revision? We have evaluated the Chapter 115 revision and find they enhance the SIP by reducing emissions from voe storage tanks, transport vessels and marine vessels in the HGB area. We have reachedthis conclusion because these revisions for the HGB area require additional controls on voe emissions from these sources. By lowering voe emissions, these rules will help lower ozone levels in the HGB area. In addition, these revisions improve rules that EPA

I EPA issued revised 8-hour ozone standards on March 27,2008 (73 FR 16436) and proposed to set different standards on January 19,2010 (75 FR 2938). This process is ongoing and does not affect EPA's action here.

### 9 previously approved (73 FR 10383, February 27, 2008) as meeting the Reasonably Available Control Technology ofthe Clean Air Act. Therefore, we are finding that these rules continue to implementRAeT for this source category. For a discussion ofthe rules and how the rules improve the SIP see the technical support document for this action. For more information on our evaluation, please see our TSD found in the electronic docket.



### V. Statutory and Executive Order Reviews. Underthe Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 741O(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteriaofthe Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. Forthat reason, this action: - is not a "significantregulatory action" subjectto review by the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October4, 1993); - does not impose an informationcollection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 

### etseq.y; - is certified as not having a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 

### etseq.y; -does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law l04- 4);10 • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not 

## asignificantregulatory action subjectto Executive Order 13211 (66 FR 28355, May 22,2001); • is not subjectto requirements ofSection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with the Clean Air Act; and • does not provide EPA withthe discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9,2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 

### et seq., as added by the Small Business Regulatory EnforcementFairness Act of 1996, generallyprovides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and other required informationto the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States priorto publication ofthe rule in the Federal Register. A majorrule cannottake effect until 60 days11 after it is published in the Federal Register. This action is not a "major rule" as defined by 5 U.S.C. 804(2). Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals for the appropriate circuit by [Insert date 60 days from date ofpublication ofthis document in the Federal]. Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the fmality ofthis action for the purposes of judicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)12
List ofSubjects in 40 CFR Part 52 Environmental protection, Airpollution control, Intergoverrtmental Relations, Nitrogen oxides, Ozone, Volatile organic compounds.

# ~11';2" II 0

## Dated:~ Al Armendariz, Regional Administrator, Region 6

### 13 40 CFR part 52 is amended as follows: PART 52-[AMENQED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 

### et seq. Subpart SS - Texas 2. The table in § 52.2270(c) entitled "EPA Approved Regulations in the Texas SIP" under Chapter 115 (Reg 5) is amended by:
a. Adding an entry for Section 115.110 under SubchapterB, Division 1, in numerical order. b. Revising the entries for Sections 115.112-115.117 and 115.119 under Subchapter B, Division 1.
c. Revising the entries for Sections 115.541-115.547 and 115.549 under Subchapter F, Division 3. The amendments read as follows: Section 52.2270



## * * * * * (c) 

## * * * Identification ofplan.

EPA-Approved Regulations in the Texas SIP State Citation Title / Subject State EPA approval date Explanation approval/ submittal date 

## * * * * * * *

Chapter 115 (Ret! 5) - Control ofAir Pollution from Volatile Oraanic Compounds 

## * * * * * * * Subchapter B - General Volatile 

### Organic Compound 

### Sources 

## * * * * * * * Division 1. Storage ofVolatile Oraanie Compounds14



## * * * * * * * Section Definitions 5/23/07 

### [Insert date ofFR 115.110 

### publication] [Insert FRpage numberwhere document begins] Section Control 5/23/07 

### [Insert date ofFR 115.112 Requirements 

### publication] [Insert FR page numberwhere documentbegins] Section Alternate Control 5/23/07 

### [Insert date ofFR 115.113 Requirements 

### publication] [Insert FR page numberwhere document begins] Section Inspection 5/23/07 

### [Insert date ofFR 115.114 Requirements 

### publication] [Insert FR page number where document begins] Section Approved Test 5/23/07 

### [Insert date ofFR 115.115 Methods 

### publication] [Insert FR page numberwhere document begins] Section Monitoring and 5/23/07 

### [Insert date ofFR 115.116 Recordkeeping 

### publication] Requirements 

### [Insert FR page numberwhere document begins] Section Exemptions 5/23/07 

### [Insert date ofFR 115.117 

### publication] [Insert FRpage numberwhere document begins

### 1 Section Counties and 5/23/07 

### [Insert date ofFR 115.119 Compliance 

### publication] Schedules 

### [Insert FR page numberwhere document bezins] 

## * * * * * * * SubchapterF - Miscellaneous Industrial Sources 

## * * * * 

## * * *

Division 3: Degassing 

### or Cleanina ofStationarv, Marine, and Transport Vessels 

## * * * * * * *15
Section Emission 5/23/07 [Insert date ofFR 115.541 Specifications publication] [Insert FR page numberwhere document begins] Section Control 5/23/07 [Insert date ofFR 115.542 Requirements publication] [Insert FR page numberwhere document 

### begms] Section Alternate Control 5/23/07 [Insert date ofFR 115.543 Requirements publication] [Insert FR page numberwhere document begins] Section Inspection 5/23/07 [Insert date ofFR 115.544 Requirements publication] [Insert FR page numberwhere document bee:ins] Section Approved Test 5/23/07 [Insert date ofFR 115.545 Methods publication] [Insert FR page numberwhere document be,;ns] Section Monitoring and 5/23/07 [Insert date ofFR 115.546 Recordkeeping publication] Requirements [Insert FR page numberwhere document bee:insl Section Exemptions 5/23/07 [Insert date ofFR 115.547 publication] [Insert FR page numberwhere document beginsl Section Counties and 5/23/07 [Insert date ofFR 115.549 Compliance publication] Schedules [Insert FR page

. numberwhere

document begms] 

## * * * * 

## * * *