[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 [email protected].
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,
[email protected]. 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
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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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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) * * *
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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
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* * * * * * *
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Subchapter F--Miscellaneous Industrial Sources
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Division 3: Degassing of Storage Tanks, Transport Vessels, and Marine Vessels
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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]
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