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, 3009-3014 [06-435]

Download as PDF Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations of the Port Charleston, South Carolina, or his designated representative. Persons and vessels may request permission to enter the safety zone on VHF–FM channel 16 or via phone at (843) 720–3240. (d) Dates. This rule is effective from 7:30 a.m. EDT on October 20, 2005 until 8:01 a.m. EDT on January 30, 2006. Dated: October 26, 2005. John E. Cameron, Captain, U.S. Coast Guard, Captain of the Port, Charleston, SC. [FR Doc. 06–498 Filed 1–18–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2005–TX–0014; FRL–8022– 2] 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 Environmental Protection Agency (EPA). ACTION: Direct final rule. rwilkins on PROD1PC63 with RULES AGENCY: 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) 8hour 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 approval will make the revised regulations Federally enforceable. DATES: This rule is effective on March 20, 2006 without further notice, unless EPA receives relevant adverse comment by February 21, 2006. If EPA receives VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 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: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • EPA Region 6 ‘‘Contact Us’’ Web site: https://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. Such deliveries are accepted only between the hours of 8 a.m. and 4 p.m. 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 https://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 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 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 3009 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 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 8:30 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 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? II. What Rules Were Submitted by Texas to be Approved into the SIP? E:\FR\FM\19JAR1.SGM 19JAR1 3010 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations 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. rwilkins on PROD1PC63 with RULES 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 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 VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 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 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 hydrocarbonbased 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 hydrocarbon-based 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 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. 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 E:\FR\FM\19JAR1.SGM 19JAR1 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations 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 §§ 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. rwilkins on PROD1PC63 with RULES IV. What Is the Effect of This Action? This action approves revisions to the Texas SIP that pertain to regulations to control VOC 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 VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 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, 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 March 20, 2006 without further notice unless we receive relevant adverse comment by February 21, 2006. 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 3011 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, ‘‘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 (Pub. L. 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 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 E:\FR\FM\19JAR1.SGM 19JAR1 3012 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations 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 March 20, 2006. 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, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: January 6, 2006. Lawrence E. Starfield, Acting Regional Administrator, Region 6. I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I 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 §§ 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: I § 52.2270 * 40 CFR part 52 is amended as follows: Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE TEXAS SIP State citation * State approval/submittal date Title/subject * * EPA approval date * * Explanation * * Chapter 115 (Reg 5)—Control of Air Pollution from Volatile Organic Compounds * * * * * * * Subchapter A: Definitions Section 115.10 ............ * Definitions ............................................. * 04/13/05 * 01/19/06 [Insert FR page number where document begins]. * * * Subchapter C: Volatile Organic Compound Transfer Operations Division 1: Loading and Unloading of Volatile Organic Compounds Emission Specifications ....................... 12/13/02 Section 115.212 .......... Section 115.213 .......... Section 115.214 .......... Control Requirements .......................... Alternate Control Requirements ........... Inspection Requirements ..................... 12/06/00 06/30/99 04/26/02 Section 115.215 .......... Approved Test Methods. ...................... 12/13/02 Section 115.216 .......... rwilkins on PROD1PC63 with RULES Section 115.211 .......... 10/22/03 Section 115.217 .......... Monitoring and Record-keeping Requirements. Exemptions ........................................... 10/22/03 Section 115.219 .......... Counties and Compliance .................... 12/13/02 VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 PO 00000 Frm 00022 Fmt 4700 01/19/06 [Insert FR page where document begins]. 07/16/01, 66 FR 36913. 12/20/00, 65 FR 79745. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. Sfmt 4700 E:\FR\FM\19JAR1.SGM 19JAR1 number number number number number number * 3013 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued State citation State approval/submittal date Title/subject * * * EPA approval date * * Explanation * * Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities Section 115.222 .......... Control Requirements .......................... 03/23/05 Section 115.223 .......... Alternate Control Requirements ........... 03/23/05 Section 115.224 .......... Section 115.225 .......... Section 115.226 .......... Inspection Requirements ..................... Testing Requirements .......................... Recordkeeping Requirements .............. 06/30/99 06/30/99 06/30/99 * Section 115.229 .......... * * Counties and Compliance Schedule D * 04/13/05 01/19/06 [Insert FR page number where document begins]. 01/19/06 [Insert FR page number where document begins]. 12/20/00, 65 FR 79745. 12/20/00, 65 FR 79745. 12/20/00, 65 FR 79745. * * 01/19/06 [Insert FR page number where document begins]. * Division 3: Control of Volatile Organic Leaks from Transport Vessels Section Section Section Section 115.234 115.235 115.236 115.237 .......... .......... .......... .......... Inspection Requirements ..................... Approved Test Methods ....................... Recordkeeping Requirements .............. Exemptions ........................................... * * 06/30/99 06/30/99 06/30/99 06/30/99 * 12/20/00, 12/20/00, 12/20/00, 12/20/00, * 65 65 65 65 FR FR FR FR 79745. 79745. 79745. 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. 3/23/05 01/19/06 [Insert FR page number where document begins]. * Section 115.242 .......... * * Control Requirements .......................... * 03/23/05 * Section 115.243 .......... Alternate Control Requirements ........... 03/23/05 * * 01/19/06 [Insert FR page number where document begins]. 01/19/06 [Insert FR page number where document begins]. * Section 115.245 .......... * * Testing Requirements .......................... * 03/23/05 * * 01/19/06 [Insert FR page number where document begins]. * * Section 115.248 .......... * * Training Requirements ......................... * 03/23/05 * Section 115.249 .......... Counties and Compliance Schedules .. 03/23/05 * * 01/19/06 [Insert FR page number where document begins]. 01/19/06 [Insert FR page number where document begins]. * * * * * * * * * Subchapter E: Solvent-Using Processes * * * * * Division 2: Surface Coating Processes Surface Coating Definitions ................. 12/13/02 Section 115.421 .......... Emission Specifications ....................... 12/13/02 Section 115.422 .......... Control Requirements .......................... 04/26/02 Section 115.423 .......... rwilkins on PROD1PC63 with RULES Section 115.420 .......... Alternate Control Requirements ........... 08/08/01 Section 115.424 .......... Section 115.425 .......... Section 115.426 .......... Inspection Requirements ..................... Testing Requirements .......................... Monitoring and Recordkeeping Requirements. Exemptions ........................................... 06/29/00 06/29/00 08/08/01 Section 115.427 .......... VerDate Aug<31>2005 18:05 Jan 18, 2006 Jkt 208001 PO 00000 Frm 00023 12/31/02 Fmt 4700 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 10/30/01, 66 FR 54688. 10/30/01, 65 FR 54688. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. Sfmt 4700 E:\FR\FM\19JAR1.SGM 19JAR1 number number number number number number 3014 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued State approval/submittal date State citation Title/subject Section 115.429 .......... Counties and Compliance Schedules .. 04/13/05 EPA approval date Explanation 01/19/06 [Insert FR page number where document begins]. Division 3: Flexographic and Rotogravure Printing Section 115.430 .......... 12/06/01 07/16/01, 66 FR 36913. Section 115.432 .......... Flexographic and Rotogravure Printing Definitions. Control Requirements .......................... 08/08/01 Section 115.433 .......... Alternate Control Requirements ........... 08/08/01 Section 115.435 .......... Testing Requirements .......................... 08/08/01 Section 115.436 .......... Monitoring and Record-keeping Requirements. Exemptions ........................................... Counties and Compliance Schedules .. 08/08/01 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 01/26/99, 64 FR 3841. 01/19/06 [Insert FR page where document begins]. Section 115.437 .......... Section 115.439 .......... 02/14/96 08/08/01 number number number number number Division 4: Offset Lithographic Printing Section 115.440 .......... Offset Printing Definitions .................... 04/26/02 Section 115.442 .......... Control Requirements .......................... 04/26/02 Section 115.443 .......... Section 115.445 .......... Alternate Control Requirements ........... Approved Test Methods ....................... 02/24/99 04/26/02 Section 115.446 .......... Monitoring and Record-keeping Requirements. Counties and Compliance Schedules .. 04/26/02 Section 115.449 .......... * * 12/06/00 * 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 04/06/00, 65 FR 18003. 01/19/06 [Insert FR page where document begins]. 01/19/06 [Insert FR page where document begins]. 07/16/01, 66 FR 36913. * * [WC Docket No. 03–225; FCC 04–182] (202) 418–1520 or via the Internet at lynne.engledow@fcc.gov. SUPPLEMENTARY INFORMATION: This Erratum makes corrections to the Report and Order in the above-captioned proceeding released on August 12, 2004 (69 FR 52444, August 26, 2004). As published, the final regulations contain errors which may prove to be misleading and need to be clarified. Request To Update Default Compensation Rate for Dial-Around Calls From Payphones List of Subjects in 47 CFR Part 64 Communications common carriers, Telecommunications, Telephones. Federal Communications Commission. ACTION: Correcting amendments. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 06–435 Filed 1–18–06; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 AGENCY: This document contains corrections to the final regulations in FCC 04–182, which were published in the Federal Register in August 2004. The regulations are related to part 64 of the Commission’s rules. DATES: The rules became effective September 27, 2004. FOR FURTHER INFORMATION CONTACT: Lynne Hewitt Engledow, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, rwilkins on PROD1PC63 with RULES SUMMARY: VerDate Aug<31>2005 18:05 Jan 18, 2006 Jkt 208001 Accordingly, 47 CFR part 64 is corrected by making the following correcting amendment: I PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 1. The authority for part 64 continues to read: I Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 228, and 254(k) unless otherwise noted. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 number number number number * * 2. Section 64.1300 is revised to read as follows: I § 64.1300 Payphone compensation obligation. (a) For purposes of this subpart, a Completing Carrier is a long distance carrier or switch-based long distance reseller that completes a coinless access code or subscriber toll-free payphone call or a local exchange carrier that completes a local, coinless access code or subscriber toll-free payphone call. (b) Except as provided herein, a Completing Carrier that completes a coinless access code or subscriber tollfree payphone call from a switch that the Completing Carrier either owns or leases shall compensate the payphone service provider for that call at a rate agreed upon by the parties by contract. (c) The compensation obligation set forth herein shall not apply to calls to emergency numbers, calls by hearing disabled persons to a telecommunications relay service or local calls for which the caller has made the required coin deposit. E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 3009-3014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-435]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0014; FRL-8022-2]

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 approval will make the revised
regulations Federally enforceable.

DATES: This rule is effective on March 20, 2006 without further notice,
unless EPA receives relevant adverse comment by February 21, 2006. 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: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: https://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. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. 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 https://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 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 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 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 8:30 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 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?
II. What Rules Were Submitted by Texas to be Approved into the SIP?

[[Page 3010]]

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 Federally-enforceable 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 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 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 Sec. Sec. 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 hydrocarbon-based 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
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
Sec. Sec. 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.
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

[[Page 3011]]

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 Sec. Sec. 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 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 Sec. Sec. 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, 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 March 20, 2006
without further notice unless we receive relevant adverse comment by
February 21, 2006. 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, ``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 (Pub. L. 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 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

[[Page 3012]]

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 March 20, 2006. 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, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

Dated: January 6, 2006.
Lawrence E. Starfield,
Acting 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

0
2. The table in Sec. 52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entries for Sec. Sec.
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:

Sec. 52.2270 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------
Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter A: Definitions
----------------------------------------------------------------------------------------------------------------
Section 115.10............. Definitions......... 04/13/05 01/19/06 [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.................................................................................................
Section 115.212.................................................................................................
Section 115.213.................................................................................................
Section 115.214.................................................................................................
Section 115.215.................................................................................................
Section 115.216.................................................................................................
Section 115.217.................................................................................................
Section 115.219.................................................................................................

[[Page 3013]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.222.................................................................................................
Section 115.223.................................................................................................
Section 115.224.................................................................................................
Section 115.225.................................................................................................
Section 115.226.................................................................................................

* * * * * * *
Section 115.229............ Counties and 04/13/05 01/19/06 [Insert FR
Compliance Schedule page number where
D. document begins].
----------------------------
Division 3: Control of Volatile Organic Leaks from Transport Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.234.................................................................................................
Section 115.235.................................................................................................
Section 115.236.................................................................................................
Section 115.237.................................................................................................

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 4: Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.240............ Stage II Vapor 3/23/05 01/19/06 [Insert FR
Recovery page number where
Definitions and document begins].
List of California
Air Resources Board
Certified Stage II
Equipment.

* * * * * * *
Section 115.242............ Control Requirements 03/23/05 01/19/06 [Insert FR
page number where
document begins].
Section 115.243............ Alternate Control 03/23/05 01/19/06 [Insert FR
Requirements. page number where
document begins].

* * * * * * *
Section 115.245............ Testing Requirements 03/23/05 01/19/06 [Insert FR
page number where
document begins].

* * * * * * *
Section 115.248............ Training 03/23/05 01/19/06 [Insert FR
Requirements. page number where
document begins].
Section 115.249............ Counties and 03/23/05 01/19/06 [Insert FR
Compliance page number where
Schedules. document begins].

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

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division 2: Surface Coating Processes
----------------------------------------------------------------------------------------------------------------
Section 115.420............ Surface Coating 12/13/02 01/19/06 [Insert FR
Definitions. page number where
document begins].
Section 115.421............ Emission 12/13/02 01/19/06 [Insert FR
Specifications. page number where
document begins].
Section 115.422............ Control Requirements 04/26/02 01/19/06 [Insert FR
page number where
document begins].
Section 115.423............ Alternate Control 08/08/01 01/19/06 [Insert FR
Requirements. page number where
document begins].
Section 115.424............ Inspection 06/29/00 10/30/01, 66 FR
Requirements. 54688.
Section 115.425............ Testing Requirements 06/29/00 10/30/01, 65 FR
54688.
Section 115.426............ Monitoring and 08/08/01 01/19/06 [Insert FR
Recordkeeping page number where
Requirements. document begins].
Section 115.427............ Exemptions.......... 12/31/02 01/19/06 [Insert FR
page number where
document begins].

[[Page 3014]]

Section 115.429............ Counties and 04/13/05 01/19/06 [Insert FR
Compliance page number where
Schedules. document begins].
----------------------------
Division 3: Flexographic and Rotogravure Printing
----------------------------------------------------------------------------------------------------------------
Section 115.430............ Flexographic and 12/06/01 07/16/01, 66 FR
Rotogravure 36913.
Printing
Definitions.
Section 115.432............ Control Requirements 08/08/01 01/19/06 [Insert FR
page number where
document begins].
Section 115.433............ Alternate Control 08/08/01 01/19/06 [Insert FR
Requirements. page number where
document begins].
Section 115.435............ Testing Requirements 08/08/01 01/19/06 [Insert FR
page number where
document begins].
Section 115.436............ Monitoring and 08/08/01 01/19/06 [Insert FR
Record-keeping page number where
Requirements. document begins].
Section 115.437............ Exemptions.......... 02/14/96 01/26/99, 64 FR 3841
Section 115.439............ Counties and 08/08/01 01/19/06 [Insert FR
Compliance page number where
Schedules. document begins].
----------------------------
Division 4: Offset Lithographic Printing
----------------------------------------------------------------------------------------------------------------
Section 115.440............ Offset Printing 04/26/02 01/19/06 [Insert FR
Definitions. page number where
document begins].
Section 115.442............ Control Requirements 04/26/02 01/19/06 [Insert FR
page number where
document begins].
Section 115.443............ Alternate Control 02/24/99 04/06/00, 65 FR
Requirements. 18003.
Section 115.445............ Approved Test 04/26/02 01/19/06 [Insert FR
Methods. page number where
document begins].
Section 115.446............ Monitoring and 04/26/02 01/19/06 [Insert FR
Record-keeping page number where
Requirements. document begins].
Section 115.449............ Counties and 12/06/00 07/16/01, 66 FR
Compliance 36913.
Schedules.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 06-435 Filed 1-18-06; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.