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[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Rules and Regulations]
[Pages 27251-27255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11451]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0079; FRL-9927-59-Region 6]

Approval and Promulgation of Implementation Plans; Texas; 
Revision To Control Volatile Organic Compound Emissions From Storage 
Tanks and Transport Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a Texas 
State Implementation Plan (SIP) revision for control of volatile 
organic compound (VOC) emissions from degassing of storage tanks, 
transport vessels and marine vessels. The revision reformats the 
existing requirement to comply with current rule writing standards, 
adds additional control options for owner/operators to use when 
complying, clarifies the monitoring and testing requirements of the 
rule, and makes non-substantive changes to VOC control provisions that 
apply in the Beaumont-Port Arthur (BPA) nonattainment area (Hardin, 
Jefferson and Orange Counties), four counties in the Dallas-Fort Worth 
(DFW) nonattainment area (Collin, Dallas, Denton and Tarrant Counties), 
El Paso County, and the Houston-Galveston-Brazoria (HGB) nonattainment 
area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, 
Montgomery and Waller Counties).

DATES: This rule is effective on July 13, 2015 without further notice, 
unless EPA receives relevant adverse comment by June 12, 2015. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2011-0079, by one of the following methods:
    www.regulations.gov. Follow the online instructions.
     Email: Mr. Robert M. Todd at todd.robert@epa.gov.
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2011-
0079. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.

[[Page 27252]]

    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Todd, (214) 665-2156, 
todd.robert@epa.gov. To inspect the hard copy materials, please contact 
Mr. Todd or Mr. Bill Deese (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. EPA's Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the Clean Air Act (CAA) requires states to develop 
and submit to EPA a SIP to ensure that state air quality meets National 
Ambient Air Quality Standards (NAAQS). These ambient standards 
currently address six criteria pollutants: carbon monoxide, nitrogen 
dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each 
federally-approved SIP protects air quality primarily by addressing air 
pollution at its point of origin through air pollution regulations and 
control strategies. EPA approved SIP regulations and control strategies 
are federally enforceable. States revise the SIP as needed and submit 
revisions to EPA for approval.
    Under Section 182(b)(2) of the Act, major stationary sources and 
sources covered by control technique guidelines are required to 
implement RACT in moderate and above ozone nonattainment areas.

B. Volatile Organic Compounds (VOC) and Degassing Emissions

    Volatile organic compounds are an ``ozone precursor,'' as they 
react with oxygen, nitrogen oxides (NOX) and sunlight to 
form ozone. Controlling sources of VOC and NOX emissions can 
lower ozone levels in the ambient air. VOC degassing emissions occur 
when VOC storage tanks, transport vessels and marine vessels are vented 
and prepared for cleaning, maintenance or change of service. 
Requirements to control degassing emissions, use low-leaking tank 
fittings on some control options, monitor control effectiveness and 
report compliance from degassing operations were implemented in HGB and 
BPA (62 FR 27964, May 22, 1997). In DFW and El Paso County, these rules 
were adopted as contingency measures under the 1-hour ozone standard 
(62 FR 27964). These VOC requirements for HGB were later updated (75 FR 
15348, March 29, 2010 and 78 FR 19599, April 2, 2013). For Collin, 
Dallas, Denton and Tarrant Counties in the DFW nonattainment area, the 
contingency measures were not triggered or otherwise implemented under 
the 1-hour ozone standard, and were left in place (applying only to 
Collin, Dallas, Denton and Tarrant Counties) as contingency measures 
under the 1997 8-hour ozone standard (74 FR 1903, January 14, 2009). 
Texas implemented these contingency measure rules for Collin, Dallas, 
Denton and Tarrant Counties on May 21, 2011 (35 TexReg 4268, May 21, 
2010) when the area failed to meet the 1997 8-hour standard by the 
moderate area attainment date of June 15, 2010.

C. SIP Revision Submitted on February 18, 2011

    A SIP submission revising the rules for controlling VOC emissions 
from degassing of storage tanks, transport vessels and marine vessels 
was adopted by Texas on January 26, 2011, and submitted to us on 
February 18, 2011. The revisions submitted by Texas Commission on 
Environmental Quality (TCEQ) apply to Brazoria, Chambers, Collin, 
Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, 
Jefferson, Liberty, Montgomery, Orange, Tarrant and Waller Counties.
    The revision repeals Title 30, Chapter 115 of the Texas 
Administrative Code (30 TAC 115) sections 115.541, 115.542 and 115.545; 
adds new sections 115.540-115.542 and 115.545; and amends existing 
sections 115.543, 115.544, 115.546, 115.547 and 115.549. The revision 
(1) reformats the existing rule to simplify and clarify rule 
requirements; (2) modifies VOC control requirements in Brazoria, 
Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and 
Waller Counties; (3) makes changes to provide additional flexibility 
for affected owners and operators allowing for the use of alternative 
control options; and (4) makes non-substantive changes to VOC control 
provisions that apply in Brazoria, Chambers, Collin, Dallas, Denton, El 
Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, 
Montgomery, Orange, Tarrant and Waller Counties.
    Also, the regulation continues to apply to El Paso County on a 
contingency basis; i.e., the control requirements of the rule will not 
apply to affected owner/operators in El Paso County unless the agency 
determines regulation is necessary as a result of a failure to attain 
the NAAQS for ozone by the attainment deadline or the State fails to 
demonstrate reasonable further progress in the El Paso County according 
to the requirements of the 1990 Amendments to the CAA, section 
172(c)(9).
    This revision clarifies that degassing emissions of storage tanks 
and transport vessels for sources in Collin, Dallas, Denton, and 
Tarrant Counties are required to meet the control require-ments of the 
rule at this time. The requirements do not apply to storage tanks or 
vessels in Ellis, Johnson, Kaufman, Parker, Rockwall or Wise 
Counties.\1\ When the DFW area was reclassified as a Serious ozone 
nonattainment area for the 1997 ozone standard (75 FR 79302, December 
20, 2010) the TCEQ published the notice requiring compliance with 
degassing requirements in DFW by May 21, 2011 (35 TexReg 4268, May 21, 
2010.). This action clarifies that the degassing requirements are in 
effect for Collin, Dallas, Denton and Tarrant Counties.
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    \1\ On March 27, 2008 (73 FR 16436), the EPA promulgated a 
revised 8-hour ozone NAAQS of 0.075 ppm, known as the 2008 ozone 
standard. On April 30, 2012, the EPA promulgated designations under 
the 2008 ozone standard (77 FR 30088) and in that action, the EPA 
designated 10 counties in the DFW area as a Moderate ozone 
nonattainment area: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Rockwall, Tarrant, and Wise. The EPA's actions here with 
respect to DFW, only address the counties which comprised the DFW 
nonattainment area under the 1-hour ozone standard.
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    For the HGB area, the rule revisions maintain the existing 
requirement that VOC vapors generated during degassing operations be 
routed to a device that maintains a control efficiency of at least 90% 
for the affected sources.\2\
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    \2\ The HGB area is classified as a severe ozone nonattainment 
area for the 1997 8-hour ozone NAAQS (73 FR 56983, October 1, 2008). 
Under the 2008 ozone standard the HGB area is classified as a 
Marginal ozone nonattainment area (77 FR 30088).
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    For DFW, HGB and BPA, the revisions add an explicit requirement 
that any flare used for control must be designed and operated according 
to 40 CFR 60.18(b)-(f) as amended through December 22, 2008, and that 
the flare must be lit at all times VOC vapors are routed to the device 
during degassing operations. The TCEQ added this requirement to clarify 
the intent of the rule is for both the flare flame and the

[[Page 27253]]

pilot to the flare be lit at all times VOC vapors are routed to the 
device.
    The SIP revision submitted by Texas may be accessed online at 
www.regulations.gov, Docket No. EPA-R06-OAR-2010-0642.

D. CAA Requirements for the SIP Revision

    The primary requirements pertaining to the SIP revision submitted 
by Texas are found in CAA sections 110(l) and 182(b)(2). CAA section 
110(l) requires that a SIP revision submitted to EPA be adopted after 
reasonable notice and public hearing. Section 110(l) also requires that 
we not approve a SIP revision if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA. Section 
182(b)(2) of the Act requires States to adopt Reasonably Available 
Control Technology (RACT) rules for stationary sources of VOCs in ozone 
nonattainment areas classified as moderate or above.

II. EPA's Evaluation

    The requirements to control degassing emissions, use low-leaking 
tank fittings on some control options, monitor control effectiveness 
and report compliance from degassing operations were previously 
implemented in HGB and BPA (62 FR 27966, May 22, 1997). The 
requirements were later revised for HGB (75 FR 15348, March 29, 2010 
and 78 FR 19599, April 2, 2013). For DFW, we previously approved the 
rules as a contingency measure to be implemented by Texas if the area 
failed to reach attainment under the 1-hour ozone nonattainment 
standards (May 22, 1997, 62 FR 27964). We later approved these same 
rules as contingency measures to be implemented in the four counties 
comprising of the 1-hour ozone nonattainment area if DFW did not reach 
attainment under the 8-hour ozone nonattainment standard (January 14, 
2009, 74 FR 1903). Because the nine counties in the DFW 8-hour 
nonattainment area failed to meet the attainment date, Texas 
implemented the contingency measure rules for Collin, Dallas, Denton 
and Tarrant Counties on May 21, 2011. For the El Paso area we initially 
approved these rules as a contingency measure on May 22, 1997. (62 FR 
27966, May 22, 1997).
    Under Section 182(b)(2) of the Act, Major stationary sources and 
sources covered by control technique guidelines are required to 
implement RACT in moderate ozone and above ozone nonattainment areas. 
At the time these rules were adopted by TCEQ, the four subject areas 
were all moderate or above nonattainment for the 1 hour ozone standard.
    The VOC degassing rules control emissions from three source types: 
Stationary storage tanks, transport vessels and marine vessels. The 
latter two source types are not stationary sources and are therefore 
not subject to RACT requirements. Storage tanks are covered by Control 
Technique Guidelines (CTGs). As a result, RACT must be implemented for 
stationary storage tanks. If there were not a CTG for storage tanks 
emissions, any major source storage tanks would have had to implement 
RACT to control its emissions including degassing emissions.
    The CTGs for storage tanks provide recommendations for types of 
controls including the types of seals necessary to reduce emissions 
from tanks. The CTGs, however, do not include a recommendation that 
emissions during degassing of the tanks be controlled. Texas has 
adopted rules based on the CTG recommendations. See 30 TAC 115, Storage 
of Volatile Organic Compounds, sections 115.110, 115.512-117 and 
115.119. These rules have previously been approved as RACT and finding 
has been affirmed as RACT on a number of occasions. The rules Texas has 
adopted to control degassing emissions are in addition to the RACT 
level of control recommended by the CTG. The rules were adopted by TCEQ 
to address rate of progress requirements in HGB and to meet contingency 
measure requirements in DFW and El Paso County. Therefore, it is 
appropriate for the degassing controls in El Paso to remain as a 
contingency measure and changes to the degassing rules will not 
interfere with whether RACT is being implemented in these areas.
    Moreover, our evaluation finds that the revision to the Texas SIP 
improves the rules by rewording them so that their intent is 
unambiguous, clarifying the compliance monitoring and reporting 
required for affected sources, and does not result in a change in the 
VOC emission reductions previously approved for degassing of storage 
tanks, transport vessels and marine vessel in DFW, HGB, BPA and El Paso 
County.
    In our April 2, 2013 approval of Texas's revisions to the SIP for 
the HGB 1997 8-Hour ozone nonattainment area (78 FR 19599), we found 
that the Texas SIP met the RACT requirements for CTG and major Non-CTG 
sources of VOC in this nonattainment area (Brazoria, Chambers, Fort 
Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties) under 
the 1997 8-Hour ozone NAAQS. We are not altering this finding in this 
action.
    We found that the Texas SIP met the RACT requirements for CTG and 
major Non-CTG sources of VOC in DFW in our approval of Texas VOC rules 
for RACT (64 FR 3841). We are not altering this finding in this rule.
    Also, the Degassing or Cleaning VOC control requirements approved 
in the DFW and El Paso County SIPs as contingency measures, for the 8-
hour Ozone attainment demonstration, are not altered in this action 
(January 14, 2009, 74 FR 1903). These measures were triggered in DFW in 
2010 and became effective May 21, 2010 (see the Texas Register, 35 
TexReg 4268, dated May 21, 2010).
    For additional information please see our Technical Support 
Document which may be accessed online at www.regulations.gov, Docket 
No. EPA-R06-2010-0642.

III. Final Action

    We are approving a Texas SIP revision for control of VOC emissions 
from storage tank, transport vessel and marine vessel degassing 
operations adopted on January 26, 2011, and submitted on February 18, 
2011. Specifically, we are approving revisions to 30 TAC 115 at 
sections 115.540-115.547 and 115.549. The revisions (1) reformat the 
existing rule to simplify and clarify rule requirements; (2) modify VOC 
control requirements in Brazoria, Chambers, Collin, Dallas, Denton, El 
Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, 
Montgomery, Orange, Tarrant and Waller Counties; (3) make changes to 
provide additional flexibility for affected owners and operators 
allowing for the use of alternative control options; and (4) make non-
substantive changes to VOC control provisions that apply in Brazoria, 
Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant and 
Waller Counties.
    We are publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on July 13, 2015 
without further notice unless we receive relevant adverse comment by 
June 12, 2015. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the

[[Page 27254]]

public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.4, we are finalizing the incorporation by reference of the 
revisions to the Texas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

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 Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 13, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 4, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. In Sec.  52.2270(c), the table titled ``EPA Approved Regulations in 
the Texas SIP'' is amended by:
0
a. Under ``Subchapter F--Miscellaneous Industrial Sources'', revising 
the title for ``Division 3'';
0
b. Adding, in sequential order, the entry for Section 115.540; and
0
c. Revising the entries for Sections 115.541 through 115.547 and 
115.549.
    The addition and revisions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 27255]]

                                    EPA Approved Regulations in the Texas SIP
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                                                               State
         State citation               Title/subject          approval/     EPA approval date      Explanation
                                                          submittal date
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                                                  * * * * * * *
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                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Subchapter F--Miscellaneous Industrial Sources
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Division 3: Degassing of Storage Tanks, Transport Vessels, and Marine Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.540................  Applicability and             1/26/2011  5/13/15 [Insert
                                  Definitions.                             Federal Register
                                                                           citation].
Section 115.541................  Emission Specifications       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.542................  Control Requirements...       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.543................  Alternate control             1/26/2011  5/13/15 [Insert
                                  Requirements.                            Federal Register
                                                                           citation].
Section 115.544................  Inspection, Monitoring,       1/26/2011  5/13/15 [Insert
                                  and Testing                              Federal Register
                                  Requirements.                            citation].
Section 115.545................  Approved Test Methods..       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.546................  Recordkeeping and             1/26/2011  5/13/15 [Insert
                                  Notification                             Federal Register
                                  Requirements.                            citation].
Section 115.547................  Exemptions.............       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
Section 115.549................  Compliance Schedules...       1/26/2011  5/13/15 [Insert
                                                                           Federal Register
                                                                           citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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[FR Doc. 2015-11451 Filed 5-12-15; 8:45 am]
 BILLING CODE 6560-50-P
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