Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 27251 

The Committee’s meeting was widely 

publicized throughout the spearmint oil 

industry and all interested persons were 

invited to attend the meeting and 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the November 5, 2014, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on March 16, 2015 (80 FR 

13502). A copy of the rule was provided 

to Committee staff, who in turn made it 

available to all Far West spearmint oil 

producers, handlers, and interested 

persons. Finally, the rule was made 

available through the internet by USDA 

and the Office of the Federal Register. A 

15-day comment period ending March 

31, 2015, was provided to allow 

interested persons to respond to the 

proposal. No comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the 2015–2016 

marketing year starts on June 1, 2015, 

and handlers will need to begin 

purchasing the spearmint oil allotted 

under this rulemaking. Further, 

handlers are aware of this rule, which 

was recommended at a public meeting. 

Finally, a 15-day comment period was 

provided for in the proposed rule, and 

no comments were received. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

For the reasons set forth in the 

preamble, 7 CFR part 985 is amended as 

follows: 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

■ 1. The authority citation for 7 CFR 

part 985 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. A new § 985.234 is added to read 

as follows: 

§ 985.234 Salable quantities and allotment 

percentages—2015–2016 marketing year. 

The salable quantity and allotment 

percentage for each class of spearmint 

oil during the marketing year beginning 

on June 1, 2015, shall be as follows: 

(a) Class 1 (Scotch) oil—a salable 

quantity of 1,265,853 pounds and an 

allotment percentage of 60 percent. 

(b) Class 3 (Native) oil—a salable 

quantity of 1,341,269 pounds and an 

allotment percentage of 56 percent. 

Dated: May 7, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–11469 Filed 5–12–15; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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 BeaumontPort 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 HoustonGalveston-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. 


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27252 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 

1On 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. 

2The 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). 

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 nonsubstantive 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 requirements 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. 

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

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 


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Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 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 


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27254 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270(c), the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by: 

■ a. Under ‘‘Subchapter F— 

Miscellaneous Industrial Sources’’, 

revising the title for ‘‘Division 3’’; 

■ b. Adding, in sequential order, the 

entry for Section 115.540; and 

■ c. Revising the entries for Sections 

115.541 through 115.547 and 115.549. 

The addition and revisions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 27255 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal date 

EPA approval date Explanation 

*******

Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds 

*******

Subchapter F—Miscellaneous Industrial Sources 

*******

Division 3: Degassing of Storage Tanks, Transport Vessels, and Marine Vessels 

Section 115.540 ............. Applicability and Definitions ................................ 1/26/2011 5/13/15 [Insert 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 Requirements .......................... 1/26/2011 5/13/15 [Insert Federal 

Register citation].

Section 115.544 ............. Inspection, Monitoring, and Testing Requirements.1/26/2011 5/13/15 [Insert Federal 

Register citation].

Section 115.545 ............. Approved Test Methods ..................................... 1/26/2011 5/13/15 [Insert Federal 

Register citation].

Section 115.546 ............. Recordkeeping and Notification Requirements .. 1/26/2011 5/13/15 [Insert Federal 

Register 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].

*******

* * * * * 

[FR Doc. 2015–11451 Filed 5–12–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0759; FRL–9927–70– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

2011 Base Year Emissions Inventories 

for the Washington DC-MD-VA 

Nonattainment Area for the 2008 

Ozone National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the 2011 base year 

emissions inventories submitted by the 

District of Columbia, State of Maryland, 

and Commonwealth of Virginia 

(collectively, the States) for the 2008 8- 

hour ozone national ambient air quality 

standard (NAAQS). The emissions 

inventories were submitted to meet 

nonattainment requirements related to 

the Washington, DC-MD-VA 

nonattainment area (the DC Area or 

Area) for the 2008 8-hour ozone 

NAAQS. EPA is approving the 2011 

base year emissions inventory for the 

2008 8-hour ozone NAAQS for the DC 

Area in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on July 13, 

2015 without further notice, unless EPA 

receives adverse written comment by 

June 12, 2015. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0759 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0759, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2014– 

0759. 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. 


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