[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Rules and Regulations]
[Pages 15348-15352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6795]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0526; FRL-9130-8]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revision To Control Volatile Organic Compound Emissions in the
Houston/Galveston/Brazoria 8-Hour Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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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/Galveston/Brazoria (HGB) 1997 8-hour ozone nonattainment
area, which consists of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery and Waller counties. Specifically, this
revision subjects owners or operators of VOC 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 pursuant to section 110 and
part D of the Clean Air Act (CAA).
DATES: This direct final rule will be effective May 28, 2010 without
further notice unless EPA receives relevant adverse comments by April
28, 2010. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0526, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at [email protected]. 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 number 214-665-7242.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: 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 of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-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
http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI 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 http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-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 of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the 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 of Air 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 number 214-
665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, 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 Background for This Action?
[[Page 15349]]
IV. What Is EPA's Evaluation of the 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 of Brazoria,
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller
counties. The revision was adopted by the State of Texas on May 23,
2007 and submitted to EPA on June 13, 2007. The revision amended Title
30 of the 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,
bulk terminals, pipeline breakout stations, and oil and natural gas
production sites under additional controls.
Specifically, for the HGB area the revision requires:
More stringent controls for tank fittings on floating roof
tanks and restrictions on floating roof tank landings;
Control of VOC 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 of VOC emissions from the degassing of storage
tanks with a nominal capacity of 250,000 gallons or more, or with a
nominal capacity of 75,000 gallons or more storing liquids with a true
vapor pressure greater than 2.6 pounds per square inch absolute (psia);
Control and monitoring of degassing 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,
Subchapter B, Division 1 (Storage of Volatile Organic Compounds) and
Subchapter F, Division 3 (Degassing or Cleaning of Stationary, Marine
and Transport Vessels). The electronic docket can be found at the Web
site http://www.regulations.gov (Docket number EPA-R06-OAR-2007-0526).
Control of VOC emissions will help the area reduce ambient levels
of ozone. Our approval will make the revised regulations federally
enforceable. We are approving the revision pursuant to section 110 and
part D of the 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 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 May 28, 2010
without further notice unless we receive relevant adverse comment by
April 28, 2010. If we 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 if we receive
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.
II. What Is a SIP?
Section 110 of the CAA requires states to develop air pollution
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 of the CAA and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
A SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
state, to ensure that the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. A SIP can
be extensive, 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 federally-enforceable SIP.
III. What Is the Background for This Action?
Inhaling ozone, even at low levels, can trigger a variety of health
problems including chest pains, coughing, nausea, throat irritation,
and congestion. It can also worsen bronchitis and asthma, and reduce
lung capacity. VOCs and oxides of nitrogen (NOx) are known
as ``ozone precursors'', as they react with oxygen and sunlight to form
ozone. Motor vehicle exhaust and industrial emissions, gasoline vapors
and chemical solvents emit VOC and NOx. Controlling sources
of VOC and NOx emissions can lower ozone levels in the
ambient air.
On July 18, 1997, we promulgated an 8-hour ozone standard of 0.08
parts per million (ppm), which is more protective than the previous 1-
hour ozone standard (62 FR 38855).\1\ On April 30, 2004, we published
designations and classifications for the 1997 8-hour ozone standard (69
FR 23858). The HGB area, which consists of Brazoria, Chambers, Fort
Bend, Galveston, Harris, Liberty, Montgomery and Waller counties 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 of
the Governor of Texas, we reclassified the area as a severe ozone
nonattainment area with an attainment date no later than June 15, 2019
(73 FR 56983).
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\1\ 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.
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The State of Texas found that certain types of VOC storage tank
emissions, including degassing, flash, and floating roof landing loss
emissions, have been unreported or underreported in the HGB area. The
State revised the VOC 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. What Is EPA's Evaluation of the Revision?
We have evaluated the Chapter 115 revision and find they enhance
the SIP by reducing emissions from VOC storage tanks, transport vessels
and marine vessels in the HGB area. We have reached this conclusion
because these revisions for the HGB area require additional controls on
VOC emissions from these sources. By lowering VOC emissions, these
rules will help lower ozone levels in the HGB area. In addition, these
revisions improve rules that EPA previously approved (73 FR
[[Page 15350]]
10383, February 27, 2008) as meeting the Reasonably Available Control
Technology of the Clean Air Act. Therefore, we are finding that these
rules continue to implement RACT for this source category. For a
discussion of the 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
Under the Clean Air Act, 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 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. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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 action 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 28, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: March 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
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2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' under Chapter 115 (Reg 5) is amended by:
0
a. Adding an entry for Section 115.110 under Subchapter B, Division 1,
in numerical order.
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b. Revising the entries for Sections 115.112-115.117 and 115.119 under
Subchapter B, Division 1.
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c. Revising the entries for Sections 115.541-115.547 and 115.549 under
Subchapter F, Division 3.
The revisions and additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Texas SIP
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State approval/
State citation Title/subject submittal date EPA approval date Explanation
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* * * * * * *
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Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
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[[Page 15351]]
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Subchapter B--General Volatile Organic Compound Sources
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Division 1. Storage of Volatile Organic Compounds
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Section 115.110................... Definitions................. 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.112................... Control Requirements........ 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.113................... Alternate Control 5/23/2007 3/29/2010 [Insert FR page number ..................................
Requirements. where document begins].
Section 115.114................... Inspection Requirements..... 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.115................... Approved Test Methods....... 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.116................... Monitoring and Recordkeeping 5/23/2007 3/29/2010 [Insert FR page number ..................................
Requirements. where document begins].
Section 115.117................... Exemptions.................. 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.119................... Counties and Compliance 5/23/2007 3/29/2010 [Insert FR page number ..................................
Schedules. where document begins].
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* * * * * * *
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Subchapter F--Miscellaneous Industrial Sources
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* * * * * * *
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Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
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Section 115.541................... Emission Specifications..... 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.542................... Control Requirements........ 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.543................... Alternate Control 5/23/2007 3/29/2010 [Insert FR page number ..................................
Requirements. where document begins].
Section 115.544................... Inspection Requirements..... 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.545................... Approved Test Methods....... 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.546................... Monitoring and Recordkeeping 5/23/2007 3/29/2010 [Insert FR page number ..................................
Requirements. where document begins].
Section 115.547................... Exemptions.................. 5/23/2007 3/29/2010 [Insert FR page number ..................................
where document begins].
Section 115.549................... Counties and Compliance 5/23/2007 3/29/2010 [Insert FR page number ..................................
Schedules. where document begins].
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[[Page 15352]]
[FR Doc. 2010-6795 Filed 3-26-10; 8:45 am]
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