[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10249-10253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3996]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2010-0252; FRL-9269-9]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions To Control Volatile Organic Compound Emissions From
Consumer Related Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking direct final action to approve revisions to
the Texas State Implementation Plan (SIP). We are approving revisions
to Title 30 of the Texas Administrative Code (TAC), Chapter 115, which
the State submitted on March 4, 2010. These revisions remove the Texas
Portable Fuel Container rule as an ozone control strategy from the
Texas SIP for the Control of Ozone Air Pollution. In the submittal,
Texas demonstrates that Federal portable fuel container standards
promulgated by EPA in 2007 are expected to provide equal to or greater
emissions reductions than those resulting from the State regulations.
The EPA is approving these revisions pursuant to section 110 of the
Clean Air Act (CAA).
DATES: This direct final rule will be effective on April 25, 2011
without further notice unless EPA receives relevant adverse comments by
March 28, 2011. 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-
2010-0252, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Please follow the online instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6comment.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
[[Page 10250]]
listed in the FOR FURTHER INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
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-2010-
0252. 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 fee of 15 cents
per page 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 (TCEQ), Office of Air Quality, 12124 Park 35
Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Ms. Dayana Medina, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7241;
fax number 214-665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means the EPA.
Outline
I. Background
II. What action is EPA taking?
III. Comparison of the Texas and Federal Portable Fuel Container
Regulations
IV. What is the effect of this action?
V. Final Action
VI. Statutory and Executive Order Reviews
I. Background
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. The
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 air quality in 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.
Revisions to the SIP must comply with Section 110(l) of the CAA which
states, ``Each revision to an implementation plan submitted by a State
under this chapter shall be adopted by such State after reasonable
notice and public hearing. The Administrator shall not approve a
revision of a plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of this chapter.''
II. What action is EPA taking?
EPA is taking direct final action to approve a revision to the
Texas SIP for the Control of Ozone Air Pollution that pertains to
regulations which control VOC emissions from consumer related sources.
The revision repeals sections 115.620--115.622, 115.626, 115.627, and
115.629 of 30 TAC Chapter 115, Control of Air Pollution from Volatile
Organic Compounds, Subchapter G, Consumer-Related Sources. This
revision consists of the repeal of the Texas Portable Fuel Container
rule, as submitted to EPA by the TCEQ on March 4, 2010. This revision
is substantive in nature, and eliminates the redundancy that has been
created with the adoption by EPA of the Federal portable fuel container
regulations in 2007. We are approving this revision in accordance with
section 110 of the CAA.
On October 27, 2004, the State adopted the Texas Portable Fuel
Container rule, which set requirements for portable fuel containers and
spouts sold or distributed in Texas that are manufactured on or after
December 31, 2005. The Texas Portable Fuel Container rule established
design criteria for ``no-spill'' portable fuel containers based
primarily on standards adopted by the California Air Resources Board
(CARB) in 2001. The purpose of the Texas Portable Fuel Container rule
was to lower VOC emissions in Texas from portable fuel containers that
spill or leak. EPA approved the Texas Portable
[[Page 10251]]
Fuel Container rule into the SIP on February 10, 2005 (70 FR 7041).
On February 26, 2007, EPA adopted Federal portable fuel container
regulations that set new national standards for gasoline, diesel, and
kerosene portable fuel containers.\1\ Based on this rulemaking, all
containers manufactured on or after January 1, 2009, are required to
comply with the Federal standards. The Federal regulations can be found
at 40 CFR part 59 subpart F. The Federal regulations are very similar
to the revised portable fuel container regulations adopted by the CARB
on September 15, 2005. The standards in the Federal portable fuel
container regulations aim to reduce nationwide hydrocarbon emissions
from containers due to evaporation, permeation, and spillage. The
portable fuel container standards in the national regulations are more
stringent than those found in the Texas regulations. Texas repealed the
State portable fuel container regulations on February 10, 2010, and
submitted this SIP revision to EPA on March 4, 2010. In their
submittal, Texas asserted that the State portable fuel container
regulations have become unnecessary with EPA's implementation of the
more stringent Federal regulations, and that the repeal of the State
rule is intended to eliminate duplication and to provide a clear
regulatory structure for manufacturers who may otherwise become
confused about which standards they are required to comply with.
---------------------------------------------------------------------------
\1\ See 72 FR 8432.
---------------------------------------------------------------------------
EPA is approving this revision to the SIP because it is expected
that reliance on the more stringent Federal portable fuel container
standards will ensure that emission reductions equivalent to or greater
than those in the repealed Texas portable fuel container regulations
will continue to be achieved in the State of Texas. Accordingly, it is
expected that this SIP revision will not have a negative impact neither
on the emission reductions claimed in the Texas SIP, nor in Texas'
attainment of the NAAQS for ozone. Thus, EPA can approve this revision
in compliance with section 110(l) of the CAA.
III. Comparison of the Texas and Federal Portable Fuel Container
Regulations
On October 27, 2004, the State adopted the Texas Portable Fuel
Container rule, which set provisions specifying performance standards,
testing requirements, and labeling requirements for portable fuel
containers and spouts sold or distributed in Texas that are
manufactured on or after December 31, 2005. The Texas Portable Fuel
Container rule did not apply to or affect in any way the sale of
portable fuel containers or spouts manufactured prior to December 31,
2005. The Texas Portable Fuel Container rule established design
criteria for ``no-spill'' portable fuel containers based primarily on
presently outdated standards adopted by the CARB in 2001. The purpose
of the Texas Portable Fuel Container rule was to lower VOC emissions in
Texas from portable fuel containers that spill or leak. The State
regulations mandated that portable fuel containers must have only one
opening in the vessel. Spouts for these containers must (1) have an
automatic shutoff device to prevent spilling, (2) automatically close
and seal when removed from the fuel tank, (3) seal without leakage when
affixed to the portable fuel container vessel, and (4) meet fuel flow
rate and fuel flow cut-off standards.\2\
---------------------------------------------------------------------------
\2\ For a more detailed description of the PFC requirements in
the Texas PFC regulations approved into the Texas SIP, please see 70
FR 7041.
---------------------------------------------------------------------------
On February 26, 2007, EPA adopted Federal portable fuel container
regulations that set new national standards for gasoline, diesel, and
kerosene portable fuel containers.\3\ Based on this rulemaking, all
containers manufactured on or after January 1, 2009, are required to
comply with the Federal portable fuel container standards. As of July
1, 2009, manufacturers and importers must not enter into U.S. commerce
any products manufactured prior to January 1, 2009, which do not meet
the Federal standards. The Federal regulations are very similar to the
revised portable fuel container regulations adopted by the CARB on
September 15, 2005. The standards in the Federal portable fuel
container regulations aim to reduce nationwide hydrocarbon emissions
from containers due to evaporation, permeation, and spillage. Rather
than establishing design criteria for portable fuel containers, the
Federal regulations established a performance-based standard of 0.3
grams per gallon per day (g/gal/day) of hydrocarbons to control
evaporative and permeation losses. The standard is based on the
performance of best available control technologies, such as durable
permeation barriers, automatically closing spouts, and cans that are
well-sealed, and it is expected that in order to comply with the
performance-based standard, manufacturers will incorporate these
control technologies in the design of their containers. The Federal
standard is measured based on the emissions from the container over a
diurnal test cycle, after the container has been preconditioned by
going through three durability aging cycles, a fuel soak to allow the
hydrocarbon permeation rate to stabilize, and a durability
demonstration of the spout. These test procedures ensure that
containers meet the emissions standard over a range of in-use
conditions such as different temperatures, different fuels, and taking
into consideration factors affecting durability.\4\ In order to insure
that containers meet the emission standard in use over the life of the
container, the Federal regulations also established a new certification
and compliance program. The Federal regulations also require an
emissions warranty period of one year to be provided by the
manufacturer of the portable fuel container to the consumer. The
warranty covers emissions-related materials defects and breakage under
normal use, which promotes the objective of the rule by helping ensure
that manufacturers will ``stand behind'' their product if they fail in-
use, thus improving product design and performance.
---------------------------------------------------------------------------
\3\ See 72 FR 8432.
\4\ A more detailed description of the test procedures can be
found at 72 FR 8432.
---------------------------------------------------------------------------
Comparison of the State and Federal regulations demonstrates that
the Federal regulations adopted more stringent portable fuel container
standards than those found in the Texas regulations.\5\ While the Texas
regulations merely adopted design criteria for portable fuel containers
and spouts, the performance-based standard established by the Federal
regulations, along with the various other requirements, including test
procedures, and the certification and compliance program, help ensure
that containers meet the emission standard over a range of in-use
conditions. Although the Federal regulations do not specify required
design criteria for portable fuel containers, it is expected that in
order to comply with the performance-based standard, manufacturers will
have to use best available control technologies such as durable
permeation barriers, automatically closing spouts, and cans that are
well-sealed.
---------------------------------------------------------------------------
\5\ See the TSD for a complete description of our evaluation.
The TSD can be found in the docket for this rulemaking, and is
available at http://www.regulations.gov. The docket number is EPA-
R06-OAR-2010-0252.
---------------------------------------------------------------------------
In the submittal Texas submitted to EPA on November 16, 2004,
requesting approval of the Texas Portable Fuel Container rule into the
SIP, Texas estimated that the reduction in spills and evaporation
expected from the State
[[Page 10252]]
portable fuel container regulations would eventually reduce statewide
emissions from portable fuel containers by 45%.\6\ In the February 26,
2007 rulemaking in which EPA approved the Federal portable fuel
container regulations, we provided estimates of the national reductions
in VOC emissions expected from the Federal standards. We estimated that
in 2010, national VOC emissions from portable fuel containers will be
reduced by 19% because of reduced permeation, spillage, and evaporative
emissions.\7\ We also estimated that in 2015, 2020, and 2030, the
national VOC emissions from portable fuel containers will be reduced by
61% for each year. In the submittal for the present rulemaking, Texas
also submitted a table comparing the estimated statewide VOC emissions
reductions in ozone season tons per day expected from the Federal and
State portable fuel container regulations.\8\ According to these
estimates, the statewide VOC emissions reductions expected from the
Federal and State regulations for the year 2002 are equal to each
other. For each of the years 2008, 2011, 2014, 2017, 2018, and 2019,
the estimated statewide VOC emissions reductions expected from the
Federal portable fuel container regulations exceed those expected from
the State regulations.
---------------------------------------------------------------------------
\6\ This submittal dated November 16, 2004, can be found in the
docket for the rulemaking in which we approved the Texas PFC
regulations (70 FR 7041), and is available at http://www.regulations.gov. The docket number is R06-OAR-2005-TX-0001.
\7\ See 72 FR 8432.
\8\ The submittal can be found in the docket for this
rulemaking, and is available at http://www.regulations.gov. The
docket number is EPA-R06-OAR-2010-0252.
---------------------------------------------------------------------------
IV. What is the effect of this action?
This action approves revisions to the Texas SIP that pertain to
regulations to control VOC emissions from consumer related sources.
These revisions remove the Texas portable fuel container regulations as
an ozone control strategy from the Texas SIP for the Control of Ozone
Air Pollution because more stringent national standards are in place.
Portable fuel containers sold or distributed in Texas must meet
national VOC emission standards and related requirements found in 40
CFR part 59 subpart F.
V. Final Action
EPA is approving revisions to the Texas SIP pertaining to control
of VOC emissions from consumer related sources.
We have evaluated the State's submittal and have determined that it
meets the applicable requirements of the Clean Air Act and EPA air
quality regulations. Therefore, we are approving revisions to the Texas
SIP which repeal the Texas Portable Fuel Container rule because it is
expected that reliance on the more restrictive Federal portable fuel
container standards will ensure that emission reductions equivalent to
or greater than those in the repealed Texas portable fuel container
regulations will continue to be achieved. Accordingly, it is expected
that this SIP revision will not have a negative impact neither on the
emission reductions claimed in the Texas SIP, nor in Texas' attainment
of the NAAQS for ozone.
The EPA is 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 revisions if
relevant adverse comments are received. This rule will be effective on
April 25, 2011 without further notice unless we receive relevant
adverse comments by March 28, 2011. 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 comments 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.
VI. 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
[[Page 10253]]
this action must be filed in the United States Court of Appeals for the
appropriate circuit by April 25, 2011. 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, Ozone, Volatile organic
compounds.
Dated: February 9, 2011.
Al Armendariz,
Regional Administrator, Region 6.
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
0
2. Section 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 115 (Reg 5), Subchapter G, by
removing the centered heading ``Division 2: Portable Fuel Containers''
and by removing the entries under Division 2 for Sections 115.620
through 115.629.
0
b. The second table in paragraph (e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding to the end of the table a new entry entitled
``Texas Portable Fuel Container State Implementation Plan'' to read as
follows:
Sec. 52.2270 Identification of plan
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Comments
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Texas Portable Fuel Container All Affected 1997 3/4/2010 2/24/2011 [Insert
State Implementation Plan. Eight-Hour Ozone FR page number
Standard where document
Nonattainment And begins].
Near Nonattainment
Areas In The State
Of Texas.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-3996 Filed 2-23-11; 8:45 am]
BILLING CODE 6560-50-P