1
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R06­
OAR­
2005­
TX­
0014;
FRL
­
]

Approval
and
Promulgation
of
Air
Quality
Implementation
Plans;
Texas;
Revisions
to
Control
Volatile
Organic
Compound
Emissions;
Volatile
Organic
Compound
Control
for
Facilities
in
the
Dallas/
Fort
Worth
Ozone
Nonattainment
Area
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Direct
final
rule.

SUMMARY:
EPA
is
taking
direct
final
action
to
approve
Texas
State
Implementation
Plan
(
SIP)
revisions.
The
revisions
pertain
to
regulations
to
control
Volatile
Organic
Compound
(
VOC)
emissions
from
VOC
transfer
operations
and
solvent
using
processes.
The
revisions
allow
use
of
gasoline
vapor
recovery
systems
approved
by
Texas,
and
add
new
requirements
to
control
VOC
emissions
from
motor
vehicle
fuel
dispensing
facilities
and
surface
coating
facilities
in
Ellis,

Johnson,
Kaufman,
Parker,
and
Rockwall
Counties.
These
counties
are
part
of
the
Dallas/
Fort
Worth
(
DFW)
8­
hour
ozone
standard
nonattainment
area.
The
revisions
also
amend
regulations
on
use
of
cleaning
solvents.
We
are
approving
the
revisions
pursuant
to
sections
110,
116
and
part
D
of
the
Federal
Clean
Air
Act
(
CAA).
The
control
of
VOC
emissions
will
help
to
attain
and
maintain
the
8­
hour
national
ambient
air
quality
standard
(
NAAQS)
for
ozone
in
Texas.
This
2
approval
will
make
the
revised
regulations
Federally
enforceable.

DATES:
This
rule
is
effective
on
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice,
unless
EPA
receives
relevant
adverse
comment
by
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
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
2005­
TX­

0014,
by
one
of
the
following
methods:

°
Federal
eRulemaking
Portal:
http://
www.
regulations.
gov.
Follow
the
on­
line
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.
Thomas
Diggs
at
diggs.
thomas@
epa.
gov.
Please
also
send
a
copy
by
email
to
the
person
listed
in
the
FOR
FURTHER
INFORMATION
CONTACT
section
below.

°
Fax:
Mr.
Thomas
Diggs,
Chief,
Air
Planning
Section
(
6PD­
L),
at
fax
number
214­
665­

7263.

°
Mail:
Mr.
Thomas
Diggs,
Chief,
Air
Planning
Section
(
6PD­
L),
Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.

°
Hand
or
Courier
Delivery:
Mr.
Thomas
Diggs,
Chief,
Air
Planning
Section
(
6PD­
L),

Environmental
Protection
Agency,
1445
Ross
Avenue,
Suite
1200,
Dallas,
Texas
75202­
2733.
3
Such
deliveries
are
accepted
only
between
the
hours
of
8:
00am
and
4:
00pm
weekdays
except
for
legal
holidays.
Special
arrangements
should
be
made
for
deliveries
of
boxed
information.

Instructions:
Direct
your
comments
to
Docket
ID
No.
EPA­
R06­
OAR­
2005­
TX­
0014.
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
e­
mail.
The
www.
regulations.
gov
website
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
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
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
4
electronically
in
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:
30am
and
4:
30pm
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
at
the
State
Air
Agency
listed
below
during
official
business
hours
by
appointment:

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
young.
carl@
epa.
gov.

SUPPLEMENTARY
INFORMATION
Throughout
this
document,
whenever
"
we",
"
us",
or
"
our"
is
used,
we
mean
the
EPA.

Outline
I.
What
is
a
SIP?
5
II.
What
Rules
Were
Submitted
by
Texas
to
be
Approved
into
the
SIP?

III.
What
Action
is
EPA
Taking?

IV.
What
is
the
Effect
of
this
Action?

V.
Final
Action
VI.
Statutory
and
Executive
Order
Reviews
I.
What
is
a
SIP?

Section
110
of
the
CAA
requires
states
to
develop
air
pollution
regulations
and
control
strategies
to
ensure
that
state
air
quality
meets
the
NAAQS
established
by
EPA.
These
ambient
standards
are
established
under
section
109
of
the
CAA,
and
they
currently
address
six
criteria
pollutants.
These
pollutants
are:
carbon
monoxide,
nitrogen
dioxide,
ozone,
lead,
particulate
matter,
and
sulfur
dioxide.

Each
state
which
contains
areas
that
are
not
attaining
the
NAAQS
must
submit
these
regulations
and
control
strategies
to
us
for
approval
and
incorporation
into
the
Federallyenforceable
SIP.

Each
Federally­
approved
SIP
protects
air
quality
primarily
by
addressing
air
pollution
at
its
point
of
origin.
These
SIPs
can
be
extensive,
containing
state
regulations
or
other
enforceable
documents
and
supporting
information
such
as
emission
inventories,
monitoring
networks,
and
modeling
demonstrations.

II.
What
Rules
Were
Submitted
by
Texas
to
be
Approved
into
the
SIP?

Texas
submitted
rules
for
inclusion
into
the
SIP
for
ozone
which
added
and
amended
requirements
to
control
VOC
emissions.
VOCs
are
a
key
component
in
the
formation
of
ozone.

The
rules
also
made
a
variety
of
changes
which
(
1)
clarify
existing
requirements,
(
2)
update
6
references,
and
(
3)
make
the
rules
easier
to
read.
The
revisions
amended
Title
30
of
the
Texas
Administrative
Code,
Chapter
115,
Control
of
Air
Pollution
from
Volatile
Organic
Compounds
(
30
TAC
115).
See
our
Technical
Support
Document
(
TSD)
for
more
information.

The
State
rules
add
new
requirements
to
control
VOC
emissions
from
(
1)
motor
vehicle
fuel
dispensing
facilities
and
(
2)
surface
coating
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties.
These
counties
are
part
of
the
DFW
8­
hour
ozone
standard
nonattainment
area.
Facilities
in
the
other
DFW
area
counties,
(
Dallas,
Denton,
Tarrant
and
Collin
Counties),

are
already
subject
to
the
requirements.

The
State
rules
require
motor
vehicle
fuel
dispensing
facilities
in
Ellis,
Johnson,
Kaufman,

Parker,
and
Rockwall
Counties
that
dispense
at
least
10,000
but
less
than
125,000
gallons
of
fuel
per
calender
month
to
operate
Stage
I
gasoline
vapor
recovery
systems
no
later
than
June
15,

2007
(
30
TAC
115.229).
Stage
I
vapor
recovery
systems
control
VOC
vapor
emissions
as
gasoline
tank­
trucks
fill
gasoline
station
storage
tanks
by
returning
the
vapors
to
the
tank­
truck.

Facilities
in
these
counties
that
dispense
125,000
gallons
or
more
per
month
were
already
required
to
operate
Stage
I
vapor
recovery
systems.

Surface
coating
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties
must
comply
with
Texas
requirements
to
control
VOC
emissions
no
later
than
June
15,
2007
(
30
TAC
115.429).
Surface
coating
facilities
apply
or
impregnate
material
onto
or
into
a
substrate
for
protective,
decorative,
or
functional
purposes.
Such
materials
include
paints,
varnishes,
sealants,

adhesives,
thinners,
and
inks.
The
requirements
affect
(
1)
materials
used
for
surface
coating
that
emit
VOCs
and
(
2)
practices
and
control
equipment
to
minimize
VOC
emissions.

The
rules
amend
regulations
on
Stage
I
and
Stage
II
vapor
recovery
systems
at
motor
7
vehicle
fuel
dispensing
facilities.
Stage
II
gasoline
vapor
recovery
systems
control
VOC
vapor
releases
during
the
refueling
of
motor
vehicles.
The
rules
allow
Texas
to
approve
use
of
gasoline
vapor
recovery
systems
certified
by
an
independent
third
party
(
30
TAC
115
§
§
222,
223,
240,

242,
and
245)
and
expand
the
types
of
Stage
II
vapor
recovery
equipment
deemed
compatible
with
onboard
refueling
vapor
recovery
(
ORVR)
systems
(
30
TAC
115.240).
Equipment
can
be
certified
as
ORVR
compatible
by
the
California
Air
Resources
Board
or
an
independent
third
party
using
approved
tests.
ORVR
equipment
is
required
on
newer
vehicles.
Requiring
compatibility
between
ORVR
and
Stage
II
systems
will
decrease
VOC
emissions
when
vehicles
with
ORVR
are
being
refueled.
Requirements
for
ORVR
compatibility
were
previously
approved
by
EPA
on
March
29,
2005
(
70
FR
15769).

An
inconsistency
was
corrected
between
the
Texas
regulations
and
EPA
requirements
for
aerospace
manufacturing
and
rework
operations,
(
40
CFR
63.744).
See
our
TSD
for
more
information.
With
the
correction,
use
of
certain
low
VOC
emission
hydrocarbon­
based
cleaning
solvents
for
aerospace
coating
processes
is
exempt
from
"
housekeeping
measures"
(
30
TAC
115.422(
5)(
E)).
Housekeeping
measures
include
storing
cleaning
solvents
and
materials
moistened
with
cleaning
solvents
in
closed
containers.
In
order
to
be
exempt
the
hydrocarbonbased
cleaning
solvent
must
have
a
maximum
vapor
pressure
of
seven
millimeters
of
mercury
(
mm
Hg)
at
20
degrees
Celsius
(
68
degrees
Fahrenheit)
and
contain
no
hazardous
air
pollutants,
as
defined
in
Title
III
of
the
CAA.

An
additional
option
was
provided
for
certain
offset
lithographic
printers
to
meet
VOC
control
requirements.
The
printers
may
use
low
VOC
emission
cleaning
solutions
with
a
maximum
VOC
composite
partial
pressure
of
ten
mm
Hg
at
20
degrees
Celsius
(
30
TAC
8
115.442(
1)(
F)(
iii)).
The
VOC
composite
partial
pressure
is
the
sum
of
the
partial
pressures
of
the
VOC
compounds
in
the
cleaning
solution.
Monitoring
requirements
for
VOC
control
devices
used
on
heatset
offset
lithographic
printing
presses
were
changed
to
allow
for
a
temperature
monitoring
device
accuracy
of
plus
or
minus
1.0%
of
the
temperature
being
monitored,
in
lieu
of
an
accuracy
of
plus
or
minus
0.5
degrees
Fahrenheit,
(
30
TAC
115.446(
1)).
The
requirements
apply
to
offset
lithographic
printers
in
Brazoria,
Chambers,
Collin,
Dallas,
Denton,
El
Paso,
Fort
Bend,
Galveston,
Gregg,
Hardin,
Harris,
Jefferson,
Liberty,
Montgomery,
Nueces,
Orange,

Tarrant,
Victoria,
and
Waller
Counties.

III.
What
Action
is
EPA
Taking?

EPA
is
taking
direct
final
action
to
approve
revisions
to
the
Texas
SIP
that
pertain
to
regulations
which
control
VOC
emissions
in
Texas.
The
revisions
were
adopted
by
the
State
of
Texas
and
submitted
to
EPA
on
(
1)
September
7,
2001,
(
2)
July
18,
2002,
(
3)
January
28,
2003,

(
4)
November
7,
2003,
(
5)
April
15,
2005,
and
(
6)
May
13,
2005.

The
revisions
submitted
to
EPA
that
are
being
approved
amend
§
§
115.10,
115.211,

115.214,
115.215,
115.216,
115.217,
115.219,
115.222,
115.223,
115.229,
115.240,
115.242,

115.243,
115.245,
115.248,
115.249,
115.420,
115.421,
115.422,
115.423,
115.426,
115.427,

115.429,
115.432,
115.433,
115.435,
115.436,
115.439,
115.440,
115.442,
115.445,
and
115.446
in
30
TAC
115.
The
revisions
(
1)
allow
use
of
gasoline
vapor
recovery
systems
approved
by
Texas,
and
(
2)
add
new
requirements
to
control
VOC
emissions
from
motor
vehicle
fuel
dispensing
facilities
and
surface
coating
facilities
in
Ellis,
Johnson,
Kaufman,
Parker,
and
Rockwall
Counties.
These
counties
are
part
of
the
DFW
8­
hour
ozone
standard
nonattainment
area.
The
revisions
also
amend
regulations
on
use
of
cleaning
solvents.
9
We
are
approving
the
revisions
pursuant
to
sections
110,
116
and
part
D
of
the
CAA.

Many
of
these
revisions
are
nonsubstantive
changes
which
clarify
rules
that
are
already
contained
in
the
Texas
ozone
SIP.
The
other
revisions
strengthen
the
Texas
ozone
SIP
as
they
(
1)
reduce
VOC
emissions
in
the
Dallas/
Fort
Worth
area
by
adding
additional
controls,
(
2)
provide
more
options
for
controlling
VOC
emissions
that
are
equivalent
to
controls
approved
by
EPA,
and
(
3)

add
incentives
for
use
of
products
that
have
lower
VOC
emissions.
The
control
of
VOC
emissions
will
help
to
attain
and
maintain
the
8­
hour
national
ambient
air
quality
standard
(
NAAQS)
for
ozone
in
Texas.
The
State's
revisions
will
not
interfere
with
any
applicable
requirement
concerning
attainment
or
any
other
applicable
requirement
of
the
CAA.
As
such,

EPA's
approval
of
the
revisions
complies
with
the
requirements
of
section
110(
l)
of
the
CAA.

Under
section
110(
l)
EPA
may
not
approve
a
SIP
revision
if
the
revision
would
interfere
with
any
applicable
requirement
concerning
attainment
or
any
other
applicable
requirement
of
the
CAA.

This
approval
will
make
the
revised
regulations
Federally
enforceable.
Other
revisions
of
the
Texas
VOC
regulations
submitted
to
EPA
will
be
addressed
in
another
Federal
Register
action.

See
our
TSD
for
more
information.

We
are
also
making
ministerial
corrections
to
the
table
in
40
CFR
52.2270(
c)
to
reflect
SIP
submittal
dates
and
Federal
Register
citations
of
EPA
action.
The
ministerial
corrections
apply
to
table
entries
for
Sections
115.212,
115.213,
115.224,
115.225,
115.226,
115.234,

115.235,
115.236,
115.237,
115.424,
115.425,
115.430,
115.437,
115.443,
and
115.449.

IV.
What
is
the
Effect
of
This
Action?

This
action
approves
revisions
to
the
Texas
SIP
that
pertain
to
regulations
to
control
VOC
10
emissions.
The
control
of
VOC
emissions
will
help
to
attain
and
maintain
the
8­
hour
NAAQS
for
ozone
in
Texas.
This
approval
will
make
these
revised
regulations
Federally
enforceable.

Enforcement
of
the
regulations
in
a
State
SIP
before
and
after
it
is
incorporated
into
the
Federally
approved
SIP
is
primarily
a
state
responsibility.
However,
after
the
regulations
are
Federally
approved,
we
are
authorized
to
take
enforcement
action
against
violators.
Citizens
are
also
offered
legal
recourse
to
address
violations
as
described
in
section
304
of
the
CAA.

V.
Final
Action.

EPA
is
approving
revisions
to
the
Texas
SIP
pertaining
to
control
of
VOC
emissions.
The
revisions
were
submitted
to
EPA
by
the
State
of
Texas
on
(
1)
September
7,
2001,
(
2)
July
18,

2002,
(
3)
January
28,
2003,
(
4)
November
7,
2003,
(
5)
April
15,
2005,
and
(
6)
May
13,
2005.

The
revisions
being
approved
are
§
§
115.10,
115.211,
115.214,
115.215,
115.216,
115.217,

115.219,
115.222,
115.223,
115.229,
115.240,
115.242,
115.243,
115.245,
115.248,
115.249,

115.420,
115.421,
115.422,
115.423,
115.426,
115.427,
115.429,
115.432,
115.433,
115.435,

115.436,
115.439,
115.440,
115.442,
115.445,
and
115.446
in
30
TAC
Chapter
115,
Control
of
Air
Pollution
from
Volatile
Organic
Compounds.

We
have
evaluated
the
State's
submittal
and
have
determined
that
it
meets
the
applicable
requirements
of
the
CAA
and
EPA
air
quality
regulations.
Therefore,
we
are
approving
revisions
to
the
Texas
SIP
of
regulations
to
control
VOC
emissions.
The
control
of
VOC
emissions
will
help
to
attain
and
maintain
the
8­
hour
national
ambient
air
quality
standard
for
ozone
in
Texas.

We
are
also
making
ministerial
corrections
to
the
table
in
40
CFR
52.2270(
c)
to
reflect
SIP
submittal
dates
and
Federal
Register
citations
of
EPA
action.
The
ministerial
corrections
apply
to
table
entries
for
Sections
115.212,
115.213,
115.224,
115.225,
115.226,
115.234,
11
115.235,
115.236,
115.237,
115.424,
115.425,
115.430,
115.437,
115.443,
and
115.449.

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
revision
if
relevant
adverse
comments
are
received.
This
rule
will
be
effective
on
[
FEDERAL
REGISTER
OFFICE:
insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice
unless
we
receive
relevant
adverse
comment
by
[
FEDERAL
REGISTER
OFFICE:
insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
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.

VI.
Statutory
and
Executive
Order
Reviews
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
action
is
not
a
"
significant
regulatory
action"
and
therefore
is
not
subject
to
review
by
the
Office
of
Management
and
Budget.
For
this
reason
and
because
this
action
will
not
have
a
significant,
adverse
effect
on
the
supply,
distribution,
or
use
of
energy,
this
action
is
also
not
subject
to
Executive
Order
13211,
12
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"

(
66
FR
28355,
May
22,
2001).
This
action
merely
approves
state
law
as
meeting
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
by
state
law.

Accordingly,
the
Administrator
certifies
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
under
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601
et
seq.).
Because
this
rule
approves
pre­
existing
requirements
under
state
law
and
does
not
impose
any
additional
enforceable
duty
beyond
that
required
by
state
law,
it
does
not
contain
any
unfunded
mandate
or
significantly
or
uniquely
affect
small
governments,
as
described
in
the
Unfunded
Mandates
Reform
Act
of
1995
(
Public
Law
104­
4).

This
rule
also
does
not
have
tribal
implications
because
it
will
not
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
by
Executive
Order
13175
(
65
FR
67249,
November
9,
2000).

This
action
also
does
not
have
Federalism
implications
because
it
does
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132
(
64
FR
43255,
August
10,
1999).
This
action
merely
approves
a
state
rule
implementing
a
Federal
standard,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
CAA.
This
rule
also
is
not
subject
to
Executive
Order
13045
"
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks"
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.

In
reviewing
SIP
submissions
under
the
National
Technology
Transfer
and
Advancement
13
Act
of
1995
(
15
U.
S.
C.
272
note),
EPA's
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
CAA.
In
this
context,
in
the
absence
of
a
prior
existing
requirement
for
the
State
to
use
voluntary
consensus
standards
(
VCS),
EPA
has
no
authority
to
disapprove
a
SIP
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,

when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
submission
that
otherwise
satisfies
the
provisions
of
the
CAA.
Thus,
the
requirements
of
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
do
not
apply.
This
rule
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).

The
Congressional
Review
Act,
5
U.
S.
C.
section
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.

section
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
[
FEDERAL
REGISTER
OFFICE:
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
Filing
a
petition
for
reconsideration
by
the
Administrator
of
this
final
rule
14
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).)
15
List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Intergovernmental
relations,
Ozone,

Reporting
and
recordkeeping
requirements,
Volatile
organic
compounds.

Dated:
January
6,
2006
Lawrence
E.
Starfield,

Acting
Regional
Administrator,
Region
6.
16
40
CFR
part
52
is
amended
as
follows:

PART
52
­
[
AMENDED]

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

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

Subpart
SS
 
Texas
2.
The
table
in
§
52.2270(
c)
entitled
"
EPA
Approved
Regulations
in
the
Texas
SIP"
is
amended
by
revising
the
entries
for
Sections
115.10,
115.211,
115.212,
115.213,
115.214,
115.215,

115.216,
115.217,
115.219,
115.222,
115.223,
115.224,
115.225,
115.226,
115.229,
115.234,

115.235,
115.236,
115.237,
115.240,
115.242,
115.243,
115.245,
115.248,
115.249,
115.420,

115.421,
115.422,
115.423,
115.424,
115.425,
115.426,
115.427,
115.429,
115.430,
115.432,

115.433,
115.435,
115.436,
115.437,
115.439,
115.440,
115.442,
115.443,
115.445,
115.446
and
115.449
to
read
as
follows:

§
52.2270
Identification
of
plan.

*
*
*
*
*

(
c)
*
*
*

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
17
*
*
*
*
*
*
*

Subchapter
A:
Definitions
Section
115.10.
Definitions.
04/
13/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

*
*
*
*
*
*
*

Subchapter
C:
Volatile
Organic
Compound
Transfer
Operations
Division
1:
Loading
and
Unloading
of
Volatile
Organic
Compounds
Section
115.211.
Emission
Specifications.
12/
13/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.212.
Control
Requirements.
12/
06/
00
07/
16/
01,
66
FR
36913
Section
115.213.
Alternate
Control
Requirements.
06/
30/
99
12/
20/
00,
65
FR
79745
Section
115.214.
Inspection
Requirements.
04/
26/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.215.
Approved
Test
Methods.
12/
13/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.216.
Monitoring
and
Record­
keeping
Requirements.
10/
22/
03
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.217.
Exemptions.
10/
22/
03
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]
18
Section
115.219.
Counties
and
Compliance.
12/
13/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

*
*
*
*
*
*
*

Division
2:
Filling
of
Gasoline
Storage
Vessels
(
Stage
I)
for
Motor
Vehicle
Fuel
Dispensing
Facilities
Section
115.222.
Control
Requirements.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.223.
Alternate
Control
Requirements.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.224.
Inspection
Requirements.
06/
30/
99
12/
20/
00,
65
FR
79745
Section
115.225.
Testing
Requirements.
06/
30/
99
12/
20/
00,
65
FR
79745
Section
115.226.
Recordkeeping
Requirements.
06/
30/
99
12/
20/
00,
65
FR
79745
*
*
*
*
*
*
*

Section
115.229.
Counties
and
Compliance
Schedule.
04/
13/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Division
3:
Control
of
Volatile
Organic
Leaks
from
Transport
Vessels
Section
115.234.
Inspection
Requirements.
06/
30/
99
12/
20/
00,
65
FR
79745
Section
115.235.
Approved
Test
Methods.
06/
30/
99
12/
20/
00,
65
FR
79745
Section
115.236.
Recordkeeping
Requirements.
06/
30/
99
12/
20/
00,
65
FR
79745
19
Section
115.237.
Exemptions.
06/
30/
99
12/
20/
00,
65
FR
79745
*
*
*
*
*
*
*

Division
4:
Control
of
Vehicle
Refueling
Emissions
(
Stage
II)
at
Motor
Vehicle
Fuel
Dispensing
Facilities
Section
115.240.
Stage
II
Vapor
Recovery
Definitions
and
List
of
California
Air
Resources
Board
Certified
Stage
II
Equipment.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

*
*
*
*
*
*
*

Section
115.242.
Control
Requirements.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.243.
Alternate
Control
Requirements.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

*
*
*
*
*
*
*

Section
115.245.
Testing
Requirements.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

*
*
*
*
*
*
*

Section
115.248.
Training
Requirements.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.249.
Counties
and
Compliance
Schedules.
03/
23/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]
20
*
*
*
*
*
*
*

Subchapter
E:
Solvent­
Using
Processes
*
*
*
*
*
*
*

Division
2:
Surface
Coating
Processes
Section
115.420.
Surface
Coating
Definitions.
12/
13/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.421.
Emission
Specifications.
12/
13/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.422.
Control
Requirements.
04/
26/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.423.
Alternate
Control
Requirements.
08/
08/
01
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.424.
Inspection
Requirements.
06/
29/
00
10/
30/
01,
66
FR
54688
Section
115.425.
Testing
Requirements.
06/
29/
00
10/
30/
01,
66
FR
54688
Section
115.426.
Monitoring
and
Recordkeeping
Requirements.
08/
08/
01
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.427.
Exemptions.
12/
13/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]
21
Section
115.429.
Counties
and
Compliance
Schedules.
04/
13/
05
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Division
3:
Flexographic
and
Rotogravure
Printing
Section
115.430.
Flexographic
and
Rotogravure
Printing
Definitions.
12/
06/
00
07/
16/
01,
66
FR
36913
Section
115.432.
Control
Requirements.
08/
08/
01
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.433.
Alternate
Control
Requirements.
08/
08/
01
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.435.
Testing
Requirements.
08/
08/
01
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.436.
Monitoring
and
Record­
keeping
Requirements.
08/
08/
01
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.437.
Exemptions.
02/
14/
96
01/
26/
99,
64
FR
3841
Section
115.439.
Counties
and
Compliance
Schedules.
08/
08/
01
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Division
4:
Offset
Lithographic
Printing
Section
115.440.
Offset
Printing
Definitions.
04/
26/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]
22
Section
115.442.
Control
Requirements.
04/
26/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.443.
Alternate
Control
Requirements.
02/
24/
99
04/
06/
00,
65
FR
18003
Section
115.445.
Approved
Test
Methods.
04/
26/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.446.
Monitoring
and
Record­
keeping
Requirements.
04/
26/
02
[
Insert
date
of
FR
publication]
[
Insert
FR
page
number
where
document
begins]

Section
115.449.
Counties
and
Compliance
Schedules.
12/
06/
00
07/
16/
01,
66
FR
36913
*
*
*
*
*
*
*
