Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16291 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

PCAPCD and VCAPCD rules described 

in the amendments to 40 CFR 52 set 

forth below. The EPA has made, and 

will continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 26, 2015. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 27, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(441)(i)(B)(3) and 

(c)(441)(i)(C)(2) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(441) * * * 

(i) * * * 

(B) * * * 

(3) Rule 249, ‘‘Surface Coating of 

Plastic Parts and Products,’’ adopted on 

August 8, 2013. 

(C) * * * 

(2) Metalworking Fluids and DirectContact Lubricants,’’ adopted on 

November 12, 2013. 

* * * * * 

[FR Doc. 2015–06858 Filed 3–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0804; FRL–9925–13– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for the 1997 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing its proposal 

to approve revisions to the Texas State 

Implementation Plan (SIP) for the 

Houston/Galveston/Brazoria (HGB) and 

Dallas Fort Worth (DFW) 1997 8-Hour 

ozone nonattainment areas. The HGB 

area consists of Brazoria, Chambers, Fort 

Bend, Galveston, Harris, Liberty, 

Montgomery and Waller counties. The 

DFW area consists of Collin, Dallas, 


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Denton, Ellis, Johnson, Kaufman, 

Parker, Rockwall, and Tarrant counties. 

Specifically, we are approving portions 

of multiple revisions to the Texas SIP 

submitted by the Texas Commission on 

Environmental Quality (TCEQ) as 

meeting Reasonably Available Control 

Technology (RACT) requirements. The 

RACT requirements apply to sources of 

Volatile Organic Compounds (VOC) and 

Oxides of Nitrogen (NOx) in these areas. 

This action is in accordance with the 

federal Clean Air Act (the Act, CAA). 

DATES: This rule will be effective on 

April 27, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0804. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar (6PD–L), telephone (214) 

665–2164, email shar.alan@epa.gov. To 

schedule an appointment contact Alan 

Shar. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Outline 

I. Background 

II. Public Comments 

III. Submittals 

IV. Negative Declarations 

V. Final Actions 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Background 

On January 21, 2014 (80 FR 2846) we 

proposed to approve revisions to the 

Texas SIP that the TCEQ submitted to 

EPA in multiple RACT-related rule 

revisions dated December 6, 2013, 

January 17, 2012, June 13, 2007, as well 

as the RACT analysis portions of 

attainment demonstration plans of 

January 17, 2012, April 6, 2010, and 

June 13, 2007 for the DFW and HGB 

areas. Details of these submittals and 

their evaluation were explained in our 

proposal, and its corresponding 

Technical Supporting Document. A 

summary of these submittals is 

described in section III. 

On August 4, 2014 (79 FR 45105) we 

approved RACT for the Offset 

Lithographic Printing Operations in the 

DFW (Serious) and HGB (Severe) areas. 

See docket No. EPA–R06–OAR–2010– 

0332 at www.regulations.gov. Also, on 

September 9, 2014 (79 FR 53299) we 

approved revisions to 30 TAC Chapter 

115 for control of VOC emissions for 

storage tanks in the DFW (Serious) and 

HGB (Severe) areas. See docket No. 

EPA–R06–OAR–2012–0096 at 

www.regulations.gov. 

II. Public Comments 

The public comment period for the 

January 21, 2015 (80 FR 2846) proposal 

expired on February 20, 2015, and we 

did not receive any comments on the 

proposed actions during this period. 

Therefore, we are approving the January 

21, 2015 (80 FR 2846) proposal without 

any changes into the Texas SIP. 

III. Submittals 

The December 6, 2013 submittal 

concerned rule revisions to 30 TAC, 

Chapter 115 Control of Air Pollution 

from Volatile Organic Compounds for 

solvent using processes and surface 

coating application systems. We are 

approving all of this submittal into the 

Texas SIP. 

The January 17, 2012 submittal 

concerned rule revisions to 30 TAC, 

Chapter 115 Control of Air Pollution 

from Volatile Organic Compounds 

intended to implement RACT for both 

HGB and DFW areas. The submittal will 

limit VOC content of coatings and 

solvents used in Flexible Package 

Printing, Industrial Cleaning Solvents, 

Large Appliance Coatings, Metal 

Furniture Coatings, Paper, Film, and 

Foil Coatings, Miscellaneous Industrial 

Adhesives, Automobile and Light-Duty 

Truck Assembly Coatings, and 

Miscellaneous Metal and Plastic Parts 

Coatings operations. We are approving 

all of this submittal into the Texas SIP. 

Another submittal also dated January 

17, 2012 contained a corresponding 

analysis to demonstrate RACT is in 

place for multiple source categories in 

the HGB area. We are approving that 

RACT is in place for the source 

categories listed in the paragraph above, 

and we are approving the Flexographic 

and Rotogravure Printing sector for the 

HGB area of the RACT-related rule 

revisions which had not been 

previously approved. 

A third SIP submittal dated January 

17, 2012 contained RACT analysis for 

the DFW area. As a result of this 

submittal, and consistent with section 

182(c) of the Act, the VOC or NOx major 

source threshold in the DFW area is 

lowered to 50 Tons Per Year (TPY) from 

100 TPY for RACT purposes under the 

1997 8-Hour ozone standard. See EPA– 

R06–OAR–2012–0098 at 

www.regulations.gov. We are approving 

the RACT analysis portion of this 

submittal. 

The April 6, 2010 attainment 

demonstration submittal, among other 

things, concerned revisions to 30 TAC, 

Chapter 115 Control of Air Pollution 

from Volatile Organic Compounds for 

control of ozone pollution in the HGB 

area. Appendix D of this attainment 

demonstration plan was titled 

‘‘Reasonably Available Control 

Technology Analysis,’’ and included 

source categories affected by the newly 

EPA-issued Control Techniques 

Guidelines (CTGs), and NOx emissions 

sources. We are approving the RACT 

analysis portion of this submittal. 

The June 13, 2007 attainment 

demonstration submittal concerned 

revisions to 30 TAC, Chapter 115 

Control of Air Pollution from Volatile 

Organic Compounds. The June 13, 2007 

submittal included an analysis intended 

to demonstrate RACT was being 

implemented in the HGB area as 

required by the CAA (Appendix B of the 

submittal). We are approving the RACT 

analysis portion of this submittal. 

The submittals concerning these 

nonattainment areas are available at 

www.regulations.gov, docket ID No. 

EPA–R06–OAR–2013–0804 under the 

‘‘supporting and related materials.’’ 

We are approving the abovementioned revisions, as well as 

confirming the RACT finding for 

revisions previously approved for 

Texas, into the Texas SIP. We are 

approving Texas’ RACT analysis as 

meeting the RACT requirements for all 

affected VOC and NOx sources for the 

DFW and HGB areas for the 1997 8-Hour 

ozone standard. 

IV. Negative Declarations 

The January 21, 2015 (80 FR 2846) 

proposal included a list of source 

categories that do not operate within 

these nonattainment areas. 

For the DFW area, Texas declared that 

there were no fiberglass boat 

manufacturing materials, ship building 

and ship repair coating, leather tanning 

and finishing, surface coating for flat 

wood paneling, vegetable oil 

manufacturing, plywood veneer dryers, 


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rubber tire manufacturing, and batch 

processes operations. We are approving 

the VOC RACT negative declaration for 

these operations in the DFW area. 

For the HGB area, on April 15, 2014 

(79 FR 21144), we approved the VOC 

RACT negative declarations for 

fiberglass boat manufacturing materials, 

leather tanning and finishing, surface 

coating for flat wood paneling, 

letterpress printing, automobile and 

light-duty truck assembly coating, 

rubber tire manufacturing, and vegetable 

oil manufacturing operations. See 40 

CFR 52.2270(e). 

However, if a major source of these 

categories locates in these 

nonattainment areas in future, then 

TCEQ will need to take appropriate 

regulatory measures. 

V. Final Actions 

We are approving rule revisions to 

sections 30 TAC chapter 115.422, 

115.427, 115.429, 115.430, 115.432, 

115.433, 115.435, 115.436, and 115.439 

implementing controls on the following 

source categories: Flat Wood Paneling 

Coatings, Flexible Packaging Printing 

Materials, Industrial Cleaning Solvents, 

Offset Lithographic and Letterpress 

Printing, Large Appliance Coatings, 

Metal Furniture Coatings, Paper, Film, 

and Foil Coatings, Auto and Light-Duty 

Truck Assembly Coatings, Fiberglass 

Boat Manufacturing Materials, 

Miscellaneous Industrial Adhesives, 

and Miscellaneous Metal and Plastic 

Parts Coatings. 

We are approving new sections 30 

TAC chapter 115.431, 115.450, 115.451, 

115.453–115.455, 115.458–115.461, 

115.463–115.465, 115.468–115.471, 

115.473–115.475, 115.478, and 115.479 

implementing controls on the source 

categories listed above. 

We are approving repeal of section 30 

TAC chapter 115.437. 

We are approving to find that for VOC 

CTG categories identified above, Texas 

has RACT-level controls in place for the 

HGB and DFW areas under the 1997 8- 

Hour ozone standard. 

We are approving to find that Texas 

has RACT-level controls in place for the 

Flexographic and Rotogravure Printing 

operations for the HGB area. 

We are approving the negative 

declarations as explained in section IV 

of this action. 

We are approving NOx RACT for the 

DFW area under the 1997 8-Hour ozone 

standard. 

In consideration of the above rule 

revisions, as well as the rule revisions 

previously approved and the rules in 30 

TAC Chapters 115 and 117, we are 

approving that, Texas is implementing 

RACT for all affected VOC and NOx 

sources in the HGB and DFW areas 

under the 1997 8-Hour ozone standard. 

We are approving these revisions in 

accordance with sections 110, 182, and 

183 of the federal CAA. 

The EPA had previously approved 

RACT for all affected NOx sources for 

the HGB area under the 1997 8-Hour 

ozone standard. 

The EPA had previously approved 

RACT for all affected VOC and NOx 

sources into Texas’ SIP under the 1- 

Hour ozone standard. 

VI. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.4, we are finalizing the 

incorporation by reference of the 

revisions to the Texas regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulation.gov, Docket ID. No. 

EPA–R06–OAR–2013–0804. 

VII. 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. If a portion of the 

plan revision meets all the applicable 

requirements of this chapter and Federal 

regulations, the Administrator may 

approve the plan revision in part. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices that meet 

the criteria of the Act, and to disapprove 

state choices that do not meet the 

criteria of the Act. Accordingly, this 

final action approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this final 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; 

• 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); and 

• 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. 

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 26, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed 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).) 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: March 16, 2015. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 


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PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270: 

■ a. In paragraph (c), the table is 

amended under Chapter 115 (Reg 5) as 

follows: 

■ i. Revising the entries for Sections 

115.422, 115.427, and 115.429 under 

‘‘Subchapter E—Solvent Using— 

Process,’’ ‘‘Division 2: Surface Coating 

Processes’’. 

■ ii. Adding new entry for Section 

115.431 in numerical order under 

‘‘Subchapter E—Solvent Using— 

Process,’’ ‘‘Division 3: Flexographic and 

Rotogravure Printing’’. 

■ iii. Removing the entry for Section 

115.437 under ‘‘Subchapter E—Solvent 

Using—Process,’’ ‘‘Division 3: 

Flexographic and Rotogravure Printing’’. 

■ iv. Revising the entries for Sections 

115.430, 115.432, 115.433, 115.435, 

115.436, and 115.439 under 

‘‘Subchapter E—Solvent Using— 

Process,’’ ‘‘Division 3: Flexographic and 

Rotogravure Printing’’. 

■ v. Adding new entries for Sections 

115.450, 115.451, 115.453, 115.454, 

115.455, 115.458, 115.459 under 

‘‘Subchapter E—Solvent Using— 

Process,’’ ‘‘Division 5: Control 

Requirements for Surface Coating 

Processes’’. 

■ vi. Adding new entries for Sections 

115.460, 115.461, 115.463, 115.464, 

115.465, 115.468, and 115.469, under 

‘‘Subchapter E—Solvent Using— 

Process,’’ ‘‘Division 6: Industrial 

Cleaning Solvents’’. 

■ vii. Adding new entries for Sections 

115.470, 115.471, 115.473, 115.474, 

115.475, 115.478, and 115.479 under 

‘‘Subchapter E—Solvent Using— 

Process,’’ ‘‘Division 7: Miscellaneous 

Industrial Adhesives’’. 

■ b. In paragraph (e), the table titled 

‘‘EPA approved nonregulatory 

provisions and quasi-regulatory 

measures in the Texas SIP’’ is amended 

by adding four new entries at the end. 

The revisions and additions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/Subject 

State approval/submittal date 

EPA Approval date Explanation 

*******

Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds 

*******

Subchapter E—Solvent-Using Processes 

*******

Division 2: Surface Coating Processes 

*******

Section 115.422 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation]. 

*******

Section 115.427 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.429 ............................... Counties and Compliance Schedules.01/17/12 3/27/15 [Insert FR citation]. 

Division 3: Flexographic and Rotogravure Printing 

Section 115.430 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.431 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.432 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.433 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.435 ............................... Testing Requirements ..................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.436 ............................... Monitoring and Recordkeeping Requirements.01/17/12 3/27/15 [Insert FR citation]. 

Section 115.439 ............................... Counties and Compliance Schedules.01/17/12 3/27/15 [Insert FR citation]. 

* * * * * * * 

Division 5: Control Requirements for Surface Coating Processes 

Section 115.450 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.451 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.453 ............................... Control Requirements ..................... 12/6/13 3/27/15 [Insert FR citation]. 

Section 115.454 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.455 ............................... Approved Test Methods and Testing Requirements.01/17/12 3/27/15 [Insert FR citation]. 


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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/Subject 

State approval/submittal date 

EPA Approval date Explanation 

Section 115.458 ............................... Monitoring and Recordkeeping Requirements.01/17/12 3/27/15 [Insert FR citation]. 

Section 115.459 ............................... Compliance Schedules ................... 01/17/12 3/27/15 [Insert FR citation]. 

Division 6: Industrial Cleaning Solvents 

Section 115.460 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.461 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.463 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.464 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.465 ............................... Approved Test Methods and Testing Requirements.01/17/12 3/27/15 [Insert FR citation]. 

Section 115.468 ............................... Monitoring and Recordkeeping Requirements.01/17/12 3/27/15 [Insert FR citation]. 

Section 115.469 ............................... Compliance Schedules ................... 01/17/12 3/27/15 [Insert FR citation]. 

Division 7: Miscellaneous Industrial Adhesives 

Section 115.470 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.471 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.473 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.474 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation]. 

Section 115.475 ............................... Approved Test Methods and Testing Requirements.01/17/12 3/27/15 [Insert FR citation]. 

Section 115.478 ............................... Monitoring and Recordkeeping Requirements.01/17/12 3/27/15 [Insert FR citation]. 

Section 115.479 ............................... Compliance Schedules ................... 01/17/12 3/27/15 [Insert FR citation]. 

* * * * * * * 

* * * * * (e) * * * 

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

Name of SIP provision Applicable 

geographic or non-attainment area 

State 

approval/ 

submittal date 

EPA Approval date Comments 

*******

NOX RACT finding for the 1997 8-hour 

ozone NAAQS.

Collin, Dallas, Denton, Tarrant, Ellis, 

Johnson, Kaufman, Parker, and 

Rockwall Counties, TX.

01/17/12 3/27/15 [Insert FR 

citation].

DFW as Moderate 

and Serious. 

VOC RACT finding of negative declaration for Fiberglass Boat Manufacturing 

Materials, Ship Building and Ship Repair Coating, Leather Tanning and 

Finishing, Surface Coating for Flat 

Wood Paneling, Vegetable Oil Manufacturing, Letterpress Printing, Plywood Veneer Dryers, Rubber Tire 

Manufacturing, and Batch Processes 

Operations.

Collin, Dallas, Denton, Tarrant, Ellis, 

Johnson, Kaufman, Parker, and 

Rockwall Counties, TX.

01/17/12 3/27/15 [Insert FR 

citation].

DFW as Moderate 

and Serious. 

VOC RACT finding for all sectors under 

the 1997 8-hour ozone NAAQS, including the 2006–2008 EPA-issued 

CTG series and non-CTG major 

sources.

Collin, Dallas, Denton, Tarrant, Ellis, 

Johnson, Kaufman, Parker, and 

Rockwall Counties, TX.

01/17/12 3/27/15 [Insert FR 

citation].

DFW as Moderate 

and Serious. 

VOC RACT finding for all sectors under 

the 1997 8-hour ozone NAAQS, including the 2006–2008 EPA-issued 

CTG series and non-CTG major 

sources.

Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery 

and Waller Counties, TX.

01/17/12 3/27/15 [Insert FR 

citation].

HGB as Severe. 


asabaliauskas on DSK5VPTVN1PROD with RULES
16296 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

* * * * * 

[FR Doc. 2015–06847 Filed 3–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0209; FRL–9924–60] 

Deltamethrin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of the insecticide 

deltamethrin in or on all food and feed 

commodities from use of deltamethrin 

as a wide-area mosquito adulticide. 

Bayer CropScience requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 27, 2015. Objections and requests 

for hearings must be received on or 

before May 26, 2015, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0209, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0209 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before May 26, 2015. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0209, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of January 28, 

2015 (80 FR 4527) (FRL–9921–60), EPA 

issued a document pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of a pesticide 

petition (PP [3F8210]) by Bayer 

CropScience, 2 T.W. Alexander Dr., 

Research Triangle Park, NC 27709. The 

petition requested that 40 CFR 180.435 

be amended by establishing a tolerance 

for residues of the insecticide 

deltamethrin, (1R,3R)-R-cyano(3- 

phenoxyphenyl)methyl 3-(2,2- 

dibromoethenyl)-2,2- 

dimethylcyclopropanecarboxylate, in or 

on food and feed commodities at 0.05 

parts per million (ppm) from use as a 

wide-area mosquito adulticide. That 

document referenced a summary of the 

petition prepared by Bayer CropScience, 

the registrant, which is available in the 

docket, http://www.regulations.gov. One 

comment was received on the notice of 

filing. EPA’s response to the comment is 

discussed in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 


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