Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10249 

§ 17.63 Approval of community residential 

care facilities. 

* * * * * 

(a) * * * 

(2) Meet the requirements in the 

applicable provisions of NFPA 101 and 

NFPA 101A (incorporated by reference, 

see § 17.1) and the other publications 

referenced in those provisions. The 

institution shall provide sufficient staff 

to assist patients in the event of fire or 

other emergency. Any equivalencies or 

variances to VA requirements must be 

approved by the appropriate Veterans 

Health Administration Veterans 

Integrated Service Network (VISN) 

Director; 

* * * * * 

(4) Meet the following additional 

requirements, if the provisions for One 

and Two-Family Dwellings, as defined 

in NFPA 101, are applicable to the 

facility: 

(i) Portable fire extinguishers must be 

installed, inspected, and maintained in 

accordance with NFPA 10 (incorporated 

by reference, see § 17.1); and 

(ii) The facility must meet the 

requirements in section 33.7 of NFPA 

101. 

* * * * * 

■ 4. Amend § 17.81(a)(1) as follows: 

■ a. Revise paragraph (a)(1)(i); 

■ b. Remove paragraphs (a)(1)(v) 

through (a)(1)(viii); 

■ c. Add a new paragraph (a)(1)(v); and 

■ d. Redesignate paragraph (a)(1)(ix) as 

paragraph (a)(1)(vi). 

The revision and addition read as 

follows: 

§ 17.81 Contracts for residential treatment 

services for veterans with alcohol or drug 

dependence or abuse disabilities. 

(a) * * * 

(1) * * * 

(i) The building must meet the 

requirements in the applicable 

provisions of NFPA 101 (incorporated 

by reference, see § 17.1) and the other 

publications referenced in those 

provisions. Any equivalencies or 

variances to VA requirements must be 

approved by the appropriate Veterans 

Health Administration Veterans 

Integrated Service Network (VISN) 

Director. 

* * * * * 

(v) The facility must meet the 

following additional requirements, if the 

provisions for One and Two-Family 

Dwellings, as defined in NFPA 101, are 

applicable to the facility: 

(A) Portable fire extinguishers shall be 

installed, inspected, and maintained in 

accordance with NFPA 10 (incorporated 

by reference, see § 17.1). 

(B) The facility shall meet the 

requirements in section 33.7 of NFPA 

101. 

* * * * * 

■ 5. Amend § 17.82(a)(1) as follows: 

■ a. Revise paragraphs (a)(1)(i) and (iv); 

■ b. Remove paragraphs (a)(1)(v) and 

(a)(1)(vi); and 

■ c. Redesignate paragraph (a)(1)(vii) as 

(a)(1)(v). 

The revisions read as follows: 

§ 17.82 Contracts for outpatient services 

for veterans with alcohol or drug 

dependence or abuse disabilities. 

(a) * * * 

(1) * * * 

(i) The building must meet the 

requirements in the applicable 

provisions of the NFPA 101 

(incorporated by reference, see § 17.1) 

and the other publications referenced in 

those provisions. Any equivalencies or 

variances to VA requirements must be 

approved by the appropriate Veterans 

Health Administration Veterans 

Integrated Service Network (VISN) 

Director. 

* * * * * 

(iv) As a minimum, fire exit drills 

must be held at least quarterly, and a 

written plan for evacuation in the event 

of fire shall be developed and reviewed 

annually. The plan shall outline the 

duties, responsibilities and actions to be 

taken by the staff in the event of a fire 

emergency. This plan shall be 

implemented during fire exit drills. 

* * * * * 

PART 59—GRANTS TO STATES FOR 

CONSTRUCTION OR ACQUISITION OF 

STATE HOMES 

■ 6. The authority citation for part 59 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 1710, 1742, 

8105, 8131–8137. 

■ 7. Amend § 59.130(d)(1) as follows: 

■ a. Remove the phrase ‘‘(2000 edition)’’ 

and add, in its place, ‘‘(2009 edition), 

except that the NFPA requirement in 

paragraph 19.3.5.1 for all buildings 

containing nursing homes to have an 

automatic sprinkler system is not 

applicable until February 24, 2016 for 

‘‘existing buildings’’ with nursing home 

facilities as of June 25, 2001 (paragraph 

3.3.32.5 in the NFPA 101 defines an 

‘‘[e]xisting [b]uilding’’ as ‘‘[a] building 

erected or officially authorized prior to 

the effective date of the adoption of this 

edition of the Code by the agency or 

jurisdiction’’),’’; and 

■ b. Remove the phrase ‘‘(1999 edition)’’ 

and add, in its place, ‘‘(2005 edition)’’. 

■ c. Remove ‘‘Office of Regulations 

Management (02D), Room 1154’’ and 

add, in its place, ‘‘Office of Regulation 

Policy and Management (02REG), Room 

1068’’. 

[FR Doc. 2011–3887 Filed 2–23–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0252; FRL–9269–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions To Control Volatile Organic 

Compound Emissions From Consumer 

Related Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to approve revisions to the Texas 

State Implementation Plan (SIP). We are 

approving revisions to Title 30 of the 

Texas Administrative Code (TAC), 

Chapter 115, which the State submitted 

on March 4, 2010. These revisions 

remove the Texas Portable Fuel 

Container rule as an ozone control 

strategy from the Texas SIP for the 

Control of Ozone Air Pollution. In the 

submittal, Texas demonstrates that 

Federal portable fuel container 

standards promulgated by EPA in 2007 

are expected to provide equal to or 

greater emissions reductions than those 

resulting from the State regulations. The 

EPA is approving these revisions 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: This direct final rule will be 

effective on April 25, 2011 without 

further notice unless EPA receives 

relevant adverse comments by March 

28, 2011. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0252, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Please 

follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6comment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 


jlentini on DSKJ8SOYB1PROD with RULES
10250 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2010–0252. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality (TCEQ), Office of Air Quality, 

12124 Park 35 Circle, Austin, Texas 

78753. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dayana Medina, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7241; fax number 

214–665–7263; e-mail address 

medina.dayana@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

Outline 

I. Background 

II. What action is EPA taking? 

III. Comparison of the Texas and Federal 

Portable Fuel Container Regulations 

IV. What is the effect of this action? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. Background 

Section 110 of the CAA requires 

States to develop air pollution 

regulations and control strategies to 

ensure that air quality meets the 

National Ambient Air Quality Standards 

(NAAQS) established by EPA. The 

NAAQS are established under section 

109 of the CAA and currently address 

six criteria pollutants: Carbon 

monoxide, nitrogen dioxide, ozone, 

lead, particulate matter, and sulfur 

dioxide. 

A SIP is a set of air pollution 

regulations, control strategies, other 

means or techniques, and technical 

analyses developed by the State, to 

ensure that air quality in the State meets 

the NAAQS. It is required by section 

110 and other provisions of the CAA. A 

SIP protects air quality primarily by 

addressing air pollution at its point of 

origin. A SIP can be extensive, 

containing State regulations or other 

enforceable documents and supporting 

information such as emissions 

inventories, monitoring networks, and 

modeling demonstrations. Each State 

must submit regulations and control 

strategies to EPA for approval and 

incorporation into the Federallyenforceable SIP. Revisions to the SIP 

must comply with Section 110(l) of the 

CAA which states, ‘‘Each revision to an 

implementation plan submitted by a 

State under this chapter shall be 

adopted by such State after reasonable 

notice and public hearing. The 

Administrator shall not approve a 

revision of a plan if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of this chapter.’’ 

II. What action is EPA taking? 

EPA is taking direct final action to 

approve a revision to the Texas SIP for 

the Control of Ozone Air Pollution that 

pertains to regulations which control 

VOC emissions from consumer related 

sources. The revision repeals sections 

115.620—115.622, 115.626, 115.627, 

and 115.629 of 30 TAC Chapter 115, 

Control of Air Pollution from Volatile 

Organic Compounds, Subchapter G, 

Consumer-Related Sources. This 

revision consists of the repeal of the 

Texas Portable Fuel Container rule, as 

submitted to EPA by the TCEQ on 

March 4, 2010. This revision is 

substantive in nature, and eliminates 

the redundancy that has been created 

with the adoption by EPA of the Federal 

portable fuel container regulations in 

2007. We are approving this revision in 

accordance with section 110 of the 

CAA. 

On October 27, 2004, the State 

adopted the Texas Portable Fuel 

Container rule, which set requirements 

for portable fuel containers and spouts 

sold or distributed in Texas that are 

manufactured on or after December 31, 

2005. The Texas Portable Fuel Container 

rule established design criteria for ‘‘nospill’’ portable fuel containers based 

primarily on standards adopted by the 

California Air Resources Board (CARB) 

in 2001. The purpose of the Texas 

Portable Fuel Container rule was to 

lower VOC emissions in Texas from 

portable fuel containers that spill or 

leak. EPA approved the Texas Portable 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10251 

1See 72 FR 8432. 

2For a more detailed description of the PFC 

requirements in the Texas PFC regulations 

approved into the Texas SIP, please see 70 FR 7041. 

3See 72 FR 8432. 

4A more detailed description of the test 

procedures can be found at 72 FR 8432. 

5See the TSD for a complete description of our 

evaluation. The TSD can be found in the docket for 

this rulemaking, and is available at http:// 

www.regulations.gov. The docket number is EPA– 

R06–OAR–2010–0252. 

Fuel Container rule into the SIP on 

February 10, 2005 (70 FR 7041). 

On February 26, 2007, EPA adopted 

Federal portable fuel container 

regulations that set new national 

standards for gasoline, diesel, and 

kerosene portable fuel containers.1

Based on this rulemaking, all containers 

manufactured on or after January 1, 

2009, are required to comply with the 

Federal standards. The Federal 

regulations can be found at 40 CFR part 

59 subpart F. The Federal regulations 

are very similar to the revised portable 

fuel container regulations adopted by 

the CARB on September 15, 2005. The 

standards in the Federal portable fuel 

container regulations aim to reduce 

nationwide hydrocarbon emissions from 

containers due to evaporation, 

permeation, and spillage. The portable 

fuel container standards in the national 

regulations are more stringent than 

those found in the Texas regulations. 

Texas repealed the State portable fuel 

container regulations on February 10, 

2010, and submitted this SIP revision to 

EPA on March 4, 2010. In their 

submittal, Texas asserted that the State 

portable fuel container regulations have 

become unnecessary with EPA’s 

implementation of the more stringent 

Federal regulations, and that the repeal 

of the State rule is intended to eliminate 

duplication and to provide a clear 

regulatory structure for manufacturers 

who may otherwise become confused 

about which standards they are required 

to comply with. 

EPA is approving this revision to the 

SIP because it is expected that reliance 

on the more stringent Federal portable 

fuel container standards will ensure that 

emission reductions equivalent to or 

greater than those in the repealed Texas 

portable fuel container regulations will 

continue to be achieved in the State of 

Texas. Accordingly, it is expected that 

this SIP revision will not have a 

negative impact neither on the emission 

reductions claimed in the Texas SIP, nor 

in Texas’ attainment of the NAAQS for 

ozone. Thus, EPA can approve this 

revision in compliance with section 

110(l) of the CAA. 

III. Comparison of the Texas and 

Federal Portable Fuel Container 

Regulations 

On October 27, 2004, the State 

adopted the Texas Portable Fuel 

Container rule, which set provisions 

specifying performance standards, 

testing requirements, and labeling 

requirements for portable fuel 

containers and spouts sold or 

distributed in Texas that are 

manufactured on or after December 31, 

2005. The Texas Portable Fuel Container 

rule did not apply to or affect in any 

way the sale of portable fuel containers 

or spouts manufactured prior to 

December 31, 2005. The Texas Portable 

Fuel Container rule established design 

criteria for ‘‘no-spill’’ portable fuel 

containers based primarily on presently 

outdated standards adopted by the 

CARB in 2001. The purpose of the Texas 

Portable Fuel Container rule was to 

lower VOC emissions in Texas from 

portable fuel containers that spill or 

leak. The State regulations mandated 

that portable fuel containers must have 

only one opening in the vessel. Spouts 

for these containers must (1) have an 

automatic shutoff device to prevent 

spilling, (2) automatically close and seal 

when removed from the fuel tank, (3) 

seal without leakage when affixed to the 

portable fuel container vessel, and (4) 

meet fuel flow rate and fuel flow cut-off 

standards.2

On February 26, 2007, EPA adopted 

Federal portable fuel container 

regulations that set new national 

standards for gasoline, diesel, and 

kerosene portable fuel containers.3

Based on this rulemaking, all containers 

manufactured on or after January 1, 

2009, are required to comply with the 

Federal portable fuel container 

standards. As of July 1, 2009, 

manufacturers and importers must not 

enter into U.S. commerce any products 

manufactured prior to January 1, 2009, 

which do not meet the Federal 

standards. The Federal regulations are 

very similar to the revised portable fuel 

container regulations adopted by the 

CARB on September 15, 2005. The 

standards in the Federal portable fuel 

container regulations aim to reduce 

nationwide hydrocarbon emissions from 

containers due to evaporation, 

permeation, and spillage. Rather than 

establishing design criteria for portable 

fuel containers, the Federal regulations 

established a performance-based 

standard of 0.3 grams per gallon per day 

(g/gal/day) of hydrocarbons to control 

evaporative and permeation losses. The 

standard is based on the performance of 

best available control technologies, such 

as durable permeation barriers, 

automatically closing spouts, and cans 

that are well-sealed, and it is expected 

that in order to comply with the 

performance-based standard, 

manufacturers will incorporate these 

control technologies in the design of 

their containers. The Federal standard is 

measured based on the emissions from 

the container over a diurnal test cycle, 

after the container has been 

preconditioned by going through three 

durability aging cycles, a fuel soak to 

allow the hydrocarbon permeation rate 

to stabilize, and a durability 

demonstration of the spout. These test 

procedures ensure that containers meet 

the emissions standard over a range of 

in-use conditions such as different 

temperatures, different fuels, and taking 

into consideration factors affecting 

durability.4 In order to insure that 

containers meet the emission standard 

in use over the life of the container, the 

Federal regulations also established a 

new certification and compliance 

program. The Federal regulations also 

require an emissions warranty period of 

one year to be provided by the 

manufacturer of the portable fuel 

container to the consumer. The 

warranty covers emissions-related 

materials defects and breakage under 

normal use, which promotes the 

objective of the rule by helping ensure 

that manufacturers will ‘‘stand behind’’ 

their product if they fail in-use, thus 

improving product design and 

performance. 

Comparison of the State and Federal 

regulations demonstrates that the 

Federal regulations adopted more 

stringent portable fuel container 

standards than those found in the Texas 

regulations.5 While the Texas 

regulations merely adopted design 

criteria for portable fuel containers and 

spouts, the performance-based standard 

established by the Federal regulations, 

along with the various other 

requirements, including test procedures, 

and the certification and compliance 

program, help ensure that containers 

meet the emission standard over a range 

of in-use conditions. Although the 

Federal regulations do not specify 

required design criteria for portable fuel 

containers, it is expected that in order 

to comply with the performance-based 

standard, manufacturers will have to 

use best available control technologies 

such as durable permeation barriers, 

automatically closing spouts, and cans 

that are well-sealed. 

In the submittal Texas submitted to 

EPA on November 16, 2004, requesting 

approval of the Texas Portable Fuel 

Container rule into the SIP, Texas 

estimated that the reduction in spills 

and evaporation expected from the State 


jlentini on DSKJ8SOYB1PROD with RULES
10252 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

6This submittal dated November 16, 2004, can be 

found in the docket for the rulemaking in which we 

approved the Texas PFC regulations (70 FR 7041), 

and is available at http://www.regulations.gov. The 

docket number is R06–OAR–2005–TX–0001. 

7See 72 FR 8432. 8The submittal can be found in the docket for this 

rulemaking, and is available at http:// 

www.regulations.gov. The docket number is EPA– 

R06–OAR–2010–0252. 

portable fuel container regulations 

would eventually reduce statewide 

emissions from portable fuel containers 

by 45%.6 In the February 26, 2007 

rulemaking in which EPA approved the 

Federal portable fuel container 

regulations, we provided estimates of 

the national reductions in VOC 

emissions expected from the Federal 

standards. We estimated that in 2010, 

national VOC emissions from portable 

fuel containers will be reduced by 19% 

because of reduced permeation, spillage, 

and evaporative emissions.7 We also 

estimated that in 2015, 2020, and 2030, 

the national VOC emissions from 

portable fuel containers will be reduced 

by 61% for each year. In the submittal 

for the present rulemaking, Texas also 

submitted a table comparing the 

estimated statewide VOC emissions 

reductions in ozone season tons per day 

expected from the Federal and State 

portable fuel container regulations.8

According to these estimates, the 

statewide VOC emissions reductions 

expected from the Federal and State 

regulations for the year 2002 are equal 

to each other. For each of the years 

2008, 2011, 2014, 2017, 2018, and 2019, 

the estimated statewide VOC emissions 

reductions expected from the Federal 

portable fuel container regulations 

exceed those expected from the State 

regulations. 

IV. What is the effect of this action? 

This action approves revisions to the 

Texas SIP that pertain to regulations to 

control VOC emissions from consumer 

related sources. These revisions remove 

the Texas portable fuel container 

regulations as an ozone control strategy 

from the Texas SIP for the Control of 

Ozone Air Pollution because more 

stringent national standards are in 

place. Portable fuel containers sold or 

distributed in Texas must meet national 

VOC emission standards and related 

requirements found in 40 CFR part 59 

subpart F. 

V. Final Action 

EPA is approving revisions to the 

Texas SIP pertaining to control of VOC 

emissions from consumer related 

sources. 

We have evaluated the State’s 

submittal and have determined that it 

meets the applicable requirements of the 

Clean Air Act and EPA air quality 

regulations. Therefore, we are approving 

revisions to the Texas SIP which repeal 

the Texas Portable Fuel Container rule 

because it is expected that reliance on 

the more restrictive Federal portable 

fuel container standards will ensure that 

emission reductions equivalent to or 

greater than those in the repealed Texas 

portable fuel container regulations will 

continue to be achieved. Accordingly, it 

is expected that this SIP revision will 

not have a negative impact neither on 

the emission reductions claimed in the 

Texas SIP, nor in Texas’ attainment of 

the NAAQS for ozone. 

The EPA is publishing this rule 

without prior proposal because we view 

this as a noncontroversial amendment 

and anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the SIP revisions if 

relevant adverse comments are received. 

This rule will be effective on April 25, 

2011 without further notice unless we 

receive relevant adverse comments by 

March 28, 2011. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comments on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, this rule does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

State, and EPA notes that it will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10253 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 25, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See Section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: February 9, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. Section 52.2270 is amended as 

follows: 

■ a. The table in paragraph (c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

115 (Reg 5), Subchapter G, by removing 

the centered heading ‘‘Division 2: 

Portable Fuel Containers’’ and by 

removing the entries under Division 2 

for Sections 115.620 through 115.629. 

■ b. The second table in paragraph (e) 

entitled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding to the end of the table a new 

entry entitled ‘‘Texas Portable Fuel 

Container State Implementation Plan’’ to 

read as follows: 

§ 52.2270 Identification of plan 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP 

provision 

Applicable geographic or nonattainment area 

State submittal/effective 

date 

EPA approval date Comments 

*******

Texas Portable Fuel Container 

State Implementation Plan.

All Affected 1997 Eight-Hour 

Ozone Standard Nonattainment 

And Near Nonattainment Areas 

In The State Of Texas.

3/4/2010 2/24/2011 [Insert FR page 

number where document 

begins].

[FR Doc. 2011–3996 Filed 2–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Docket ID FEMA–2010–0003 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 


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