[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52698-52703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7413]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0006; FRL-8216-3]


Approval and Promulgation of State Implementation Plans; Texas; 
Emission Credit Banking and Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Texas State Implementation 
Plan (SIP) concerning the Emission Credit Banking and Trading Program. 
Additionally, EPA is approving a section of Chapter 115 of the Texas 
Administrative Code (TAC) on Control of Air Pollution from Volatile 
Organic Compounds that cross-references the Emission Credit Banking and 
Trading Program and the Discrete Emission Credit Banking and Trading 
Program. We are also approving a subsection of Chapter 116 of the TAC, 
Control of Air Pollution by Permits for New Construction or 
Modification, which provides a definition referred to in both the 
Emission Credit and the Discrete Emission Credit Banking and Trading 
Programs.

DATE: This rule is effective on October 6, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2005-TX-0006. 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., CBI 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 Permitting Section (6PD-
R), 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 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 related to this SIP revision, and which is part 
of the EPA docket, 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: Adina Wiley, Air Permitting Section 
(6PD-R), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone 214-665-2115, <a href="/cdn-cgi/l/email-protection#5f2836333a26713e3b36313e1f3a2f3e71383029"><span class="__cf_email__" data-cfemail="1067797c75693e7174797e71507560713e777f66">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Outline

I. What action is EPA taking?
II. What is the background for this action?
III. What are EPA's responses to comments received on the proposed 
action?
IV. What does Federal approval of a State regulation mean to me?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving the Emission Credit Banking and Trading program, 
also referred to as the Emission Reduction Credit (ERC) program, 
enacted at Texas Administrative Code (TAC) Title 30, Chapter 101 
General Air Quality Rules, Subchapter H Emissions Banking and Trading, 
Division 1, sections 101.300-101.304, 101.306, 101.309, and 101.311. 
These sections were submitted as SIP submittals dated December 20, 2000 
(state effective date January 18, 2001);

[[Page 52699]]

July 15, 2002 (state effective date April 14, 2002); January 31, 2003 
(state effective date January 17, 2003), and December 06, 2004 (state 
effective date December 2, 2004). Also in this document, EPA is 
approving section 115.950 in 30 TAC Chapter 115, Control of Air 
Pollution from Volatile Organic Compounds, which cross-references the 
ERC program and the Discrete Emission Credit Banking and Trading 
program, referred to as the Discrete Emission Reduction Credit (DERC) 
program. This revision was provided in a SIP submittal dated December 
20, 2000 (state effective date January 18, 2001). EPA is also approving 
the definition of ``facility'' published at 30 TAC Chapter 116, Control 
of Air Pollution by Permits for New Construction or Modification, 
Subchapter A, section 116.10, submitted as a SIP revision July 22, 1998 
(state effective date December 23, 1997).
    As discussed in our proposed action at 70 FR 58151-58153, we 
conclude that the ERC program is consistent with section 110(l) of the 
Clean Air Act.
    The ERC program contains several features that EPA feels are 
important enough to discuss here. Section 101.302 of the ERC program 
generally requires that an emission credit be used in the nonattainment 
area in which it was generated unless the user has obtained prior 
written approval of both the TCEQ Executive Director and EPA. This 
section also provides for the use of emission credits generated in 
another county, state, or nation. Although the threshold EPA approval 
requirement of section 101.302(f) ensures that EPA approval is 
necessary for any of the above transactions, TCEQ has agreed to clarify 
the rule language by December 1, 2006, to more clearly require EPA 
approval for all transactions involving emission reductions generated 
in another state or nation, as well as those transactions from one 
nonattainment area to another, or from attainment counties into 
nonattainment counties.
    EPA has addressed the possibility of cross-jurisdictional trades, 
such as those in section 101.302, in Appendix 16.16 of ``Improving Air 
Quality with Economic Incentive Programs'' (EPA-452/R-01-001, January 
2001) (EIP Guidance). Satisfaction of the provisions of Appendix 16.16 
will ensure that cross-jurisdictional trades are consistent with the 
fundamental integrity, equity, and environmental benefit principles 
described in the EIP Guidance. The EPA review and approval authority 
contained in section 101.302(f) will be the mechanism by which EPA 
ensures that inappropriate trades do not take place. In particular, EPA 
intends to require a further SIP revision (either a detailed trading 
program, such as an MOU, or a trade-specific submission) before 
approving any international trade, interstate trades, or intrastate 
trades that involve reductions from beyond the nonattainment area.
    Among these types of trades requiring a further SIP revision, 
international trades present an especially difficult case. For 
instance, currently there is no approvable mechanism for demonstrating 
that reductions made in another country are surplus or enforceable. 
Nonetheless, emission reductions in other countries could potentially 
offer substantial air quality benefits in the United States. In 
approving the ERC program, EPA is recognizing the concept of 
international trading and describing a framework (i.e., the submission 
of a SIP revision demonstrating, among other things, the validity and 
enforceability of foreign reductions) for such trading, in the event 
that a suitable and approvable mechanism is ever developed for 
resolving concerns including enforceability and surplus. Until such a 
mechanism is developed and approved by EPA, however, EPA will not 
approve international trades under the ERC rule.
    EPA is also approving a provision in section 101.302(d) that allows 
generators and users of ERCs to use an alternate quantification 
protocol that is different from one of the approved protocols in 
Chapter 115 or Chapter 117 (Control of Air Pollution from Volatile 
Organic Compounds and Control of Air Pollution from Nitrogen Compounds) 
of the Texas rules. Generators/users wanting to use other 
quantification protocols must follow the quantification requirements at 
section 101.302(d)(1)(C), which include a requirement for EPA adequacy 
review of such alternate protocols. TCEQ has agreed to clarify the 
provisions of section 101.302(d)(1)(C) by December 1, 2006, to clarify 
that a proposed alternate quantification protocol may not be used if 
the TCEQ Executive Director receives a letter from EPA that objects to 
the use of the protocol during the 45-day adequacy review period or if 
EPA proposes disapproval of the protocol in the Federal Register. See 
also 70 FR 58149 for a description of the approval process for 
alternate quantification protocols.
    Today's action also approves the use of ERCs for compliance with 
the Highly-Reactive Volatile Organic Compound Emissions Cap and Trade 
(HECT) program in the HGB nonattainment area. Section 101.306(a)(7) 
provides that ERCs can be used for ``compliance with other requirements 
as allowable within the guidelines of local, state, and federal laws.'' 
Therefore, even though the ERC program does not specifically mention 
the use of ERCs within the HECT, it is authorized by the general 
provision. The TCEQ has agreed to revise the section 101.306 language 
by December 1, 2006, to specify that ERCs may be used with the HECT as 
an annual allocation of allowances under section 101.399.

II. What is the background for this action?

    The ERC rules establish a type of Economic Incentive Program (EIP). 
This program provides flexibility for sources in complying with certain 
State and Federal requirements. The ERC program was first adopted by 
the State at 30 TAC section 101.29 on December 23, 1997, for use with 
volatile organic compound (VOC) and nitrogen oxides (NO<INF>X</INF>) 
requirements in ozone nonattainment areas. Effective January 18, 2001, 
section 101.29 was repealed and Chapter 101, Subchapter H, Divisions 1, 
3, and 4 were created for the ERC, Mass Emissions Cap and Trade (MECT) 
in the Houston/Galveston/Brazoria (HGB) ozone nonattainment area, and 
Discrete Emission Credit Banking and Trading (DERC) programs, 
respectively. As of April 14, 2002, TCEQ amended the geographic scope 
of the ERC program to include provisions for reductions generated 
outside the United States at section 101.302. Effective January 17, 
2003, TCEQ reorganized the ERC and DERC program rules into more 
standardized formats parallel to each other, with a rule structure that 
followed a process of recognizing, quantifying, and certifying 
reductions as credits while explaining the guidelines for trading and 
using creditable reductions. These revisions amended sections 101.300, 
101.301, 101.302, 101.303, 101.304, 101.306, 101.309, and 101.311. The 
most recent submittal, of December 06, 2004, amended sections 101.300, 
101.302, 101.303, 101.304, and 101.311, expanding the ERC program to 
cover reductions of criteria pollutants (excluding lead) or precursors 
of criteria pollutants for which an area is designated nonattainment. 
The ERC program adoption and the subsequent revisions were submitted to 
EPA as SIP revisions; today's approval is the first time we have acted 
on this program. In doing so we are acting on the original submission 
of July 22, 1998, and all subsequent revisions through the December 6, 
2004, submittal.

III. What are EPA's responses to comments received on the proposed 
action?

    EPA's responses to comments submitted by Galveston-Houston

[[Page 52700]]

Association for Smog Prevention (GHASP), Environmental Defense (Texas 
Office), the Lone Star Chapter of the Sierra Club, and Public Citizen 
(Texas Office) on November 4, 2005, are as follows. EPA has summarized 
the comments below; the complete comments can be found in the ERC 
rulemaking docket (EPA-R06-OAR-2005-TX-0006). In commenting on the ERC 
program, these commenters raise no concerns about pollutants other than 
VOCs (and highly reactive VOC, or HRVOC) emissions.\1\
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    \1\ During the comment period, EPA did not receive comments 
regarding environmental justice and the ERC program. However, during 
the finalization process we have reevaluated our interpretation of 
the definition of Environmental Justice as found in Executive Order 
12898. In our proposed approval of the ERC program, we stated that 
``environmental justice concerns arise when a trading program could 
result in disproportionate impacts on communities populated by 
racial minorities, people with low incomes, or Tribes.'' On further 
review, we believe the following description is more consistent with 
E.O. 12898: ``Environmental justice concerns can arise when a final 
rule, such as a trading program, could result in disproportionate 
burdens on particular communities, including minority or low income 
communities.'' This revised language does not alter our 
determination that the ERC program does not raise environmental 
justice concerns.
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    Comment 1: There are problems with the inventory of VOC and HRVOC 
emissions in the HGB nonattainment area.
    Response to Comment 1: While EPA acknowledges that there have been 
past VOC emission inventory problems from sources associated with the 
petrochemical industry (see our proposed approval of the revisions to 
the HGB attainment demonstration, 70 FR 58119), EPA believes that the 
emissions inventory developed by TCEQ for the HGB nonattainment area is 
an acceptable approach to characterizing the emissions in the HGB 
nonattainment area. In addition, we are incorporating by reference our 
responses to comments provided in our approval of the attainment 
demonstration for the HGB ozone nonattainment area (EPA-R06-OAR-2005-
TX-0018). Those responses more specifically address the commenters' 
concerns regarding the development and use of the imputed inventory, 
characterization of other VOCs in the inventory, and appropriate 
emissions monitoring techniques for flares, fugitive emissions, and 
upsets.
    Comment 2: The VOC and HRVOC trading programs use unreliable data, 
which cannot be replicably measured. There are problems with current 
methods for measurement of HRVOC and VOC emissions; therefore, the VOC 
and HRVOC trading programs do not meet EPA's EIP Guidance for 
quantification.
    Response to Comment 2: EPA disagrees. The proposed ERC rule, at 70 
FR 58149, describes the basis for EPA's conclusion that the ERC rule 
satisfies the EIP Guidance criteria on quantifiability, which are found 
in Chapter 4 (``Fundamental Principles of All EIPs'').
    Emissions and emission reductions attributed to an EIP are 
quantifiable if they can be reliably and replicably measured: The 
source must be able to reliably calculate the amount of emissions and 
emission reductions from the EIP strategy, and must be able to 
replicate the calculations. Under the ERC program, sources address the 
element of quantification by using a quantification protocol that has 
been approved by TCEQ and EPA. Both agencies have important roles in 
ensuring these protocols provide reliable and replicable emission 
measurements. The approved quantification protocols for VOC ERC 
generation and use are contained in 30 TAC Chapter 115, Control of Air 
Pollution from Volatile Organic Compounds. These methods are all 
reliable and replicable, either because EPA has promulgated regulations 
or published guidance listing them as appropriate methods for measuring 
VOC emissions, or because the American Society for Testing and 
Materials (ASTM) has determined that they are appropriate standard 
methods. EPA approval is required before an alternate quantification 
protocol can be used. See section 101.302(d)(1)(C). Examples of the 
approved quantification methods for VOC ERC generation and use include:
    <bullet> Test Methods 1-4 (40 CFR 60, Appendix A) for determining 
flow rates;
    <bullet> Test Method 18 (40 CFR 60, Appendix A) for determining 
gaseous organic compound emissions by gas chromatography;
    <bullet> EPA guidance in ``Procedures for Certifying Quantity of 
Volatile Organic Compounds (VOC) Emitted by Paint, Ink, and Other 
Coating,'' EPA-450/3-84-019; and
    <bullet> Determination of true vapor pressure using ASTM Methods 
D323-89, D2879, D4953, D5190, or D5191 for the measurement of Reid 
Vapor pressure.
    Comment 3: TCEQ and EPA lack confidence in current methods for 
measuring emissions. This lack of confidence increases the risks 
associated with a market-based trading program, until the TCEQ is able 
to reconcile ambient monitoring with industry emission inventories. For 
example, trading could exacerbate the challenge of identifying the 
cause of any program failures because comparisons of ambient monitoring 
trend data to emission inventory data will require consideration of the 
timing and magnitude of trades.
    Response to Comment 3: EPA disagrees. We have discussed above in 
response to Comments 1 and 2 our conclusion that the methods used for 
measuring emissions under the ERC program are consistent with EPA 
policy and guidance, and that the emissions inventory developed by TCEQ 
is an acceptable approach to characterizing the emissions in the HGB 
nonattainment area. Sources that generate and use ERCs must notify the 
TCEQ. The TCEQ is then responsible for certifying that the generation 
or use strategy is appropriate. Through the certification process TCEQ 
is made aware of trades before they happen. This advance knowledge of 
trades could then be applied to the reconciliation process and actually 
provide additional data instead of being a hindrance.
    Comment 4: EPA should find that it is premature for TCEQ to allow 
trading of unquantifiable emissions of VOCs in the HGB nonattainment 
area. If either the source or the recipient incorrectly estimates the 
emissions involved in a trade, the region is at risk of a net increase 
in emissions as a result of the trade. Until refineries and chemical 
plants are able to routinely quantify their VOC emissions, EPA should 
not allow trading of these VOC emissions.
    Response to Comment 4: EPA disagrees that VOC emissions should be 
ineligible for trading in the HGB nonattainment area. EPA believes that 
allowing the petrochemical industry to trade VOC emissions under the 
ERC rule is appropriate notwithstanding the commenter's concern about 
emissions estimates, because the ERC program satisfies the EIP Guidance 
criteria for quantification. For example, sources generating and 
banking VOC ERCs must either use the approved quantification protocols 
in Chapter 115 or obtain EPA approval for an alternate quantification 
method. These protocols will ensure that sources correctly calculate 
the emission reduction to be banked as an ERC. The source using the 
banked reduction also must calculate the amount of necessary VOC ERCs 
using the approved quantification protocols. The TCEQ Executive 
Director will review and approve each requested ERC use to ensure that 
sources using ERCs have enough credit to cover their use strategy. 
Therefore, EPA believes that sources using the approved quantification 
protocols will correctly estimate the amount of ERCs generated

[[Page 52701]]

and used, and we also believe that the program is designed to minimize 
incorrect emissions estimates. Further, users of VOC ERCs must purchase 
and retire an additional ten percent VOC ERCs as an environmental 
benefit. The ten percent environmental benefit will also help ensure 
that the trading program will not negatively impact the nonattainment 
area in which the ERC is generated and used.
    EPA's response to Texas Industry Project (TIP) comments made on 
November 4, 2005, is as follows:
    Comment: TIP supports EPA's proposed approval of the ERC program 
and urges EPA to finalize its approval as soon as practicable.
    Response: EPA appreciates the support of TIP for our approval of 
the ERC program.

IV. What does federal approval of a State regulation mean to me?

    Enforcement of the State regulation before and after it is 
incorporated into the federally approved SIP is primarily a State 
function. However, once the regulation is federally approved, EPA and 
the public may take enforcement action against violators of these 
regulations.

V. 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, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) 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. 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. 
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 November 6, 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 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 24, 2006.
Richard E. Greene,
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:
0
a. Under Chapter 101--General Air Quality Rules, under the centered 
heading Subchapter H--Emissions Banking and Trading, by adding a new 
centered heading ``Division 1--Emission Credit Banking and Trading'' 
followed by new entries for sections 101.300, 101.301, 101.302, 
101.303, 101.304, 101.306, 101.309, and 101.311;
0
b. Under Chapter 115 (Reg 5)--Control of Air Pollution from Volatile 
Organic Compounds, under the centered heading Subchapter J--
Administrative Provisions, immediately before the entry for section 
115.950, by adding a new centered heading ``Division 4--Emissions 
Trading'' and by revising the entry for section 115.950;
0
c. Under Chapter 116 (Reg 6)--Control of Air Pollution by Permits for 
New Construction or Modification, under the centered heading Subchapter 
A--Definitions, by revising the entry for section 116.10.
    The additions and revisions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

[[Page 52702]]



                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   State approval/
           State citation                   Title/subject             submittal          Explanation approval date                 Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chapter 101--General Air Quality Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Subchapter H--Emissions Banking and Trading
                                                     Division 1--Emission Credit Banking and Trading
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 101.300....................  Definitions................           11/10/04  [Insert date of FR publication]    ................................
                                                                                      [Insert FR page number where
                                                                                      document begins].
Section 101.301....................  Purpose....................           12/13/02  [Insert date of FR publication]    ................................
                                                                                      [Insert FR page number where
                                                                                      document begins].
Section 101.302....................  General Provisions.........           11/10/04  [Insert date of FR publication]    ................................
                                                                                      [Insert FR page number where
                                                                                      document begins].
Section 101.303....................  Emission Reduction Credit             11/10/04  [Insert date of FR publication]    ................................
                                      General and Certification.                      [Insert FR page number where
                                                                                      document begins].
Section 101.304....................  Mobile Emission Reduction             11/10/04  [Insert date of FR publication]    ................................
                                      Credit Generation and                           [Insert FR page number where
                                      Certfication.                                   document begins].
Section 101.306....................  Emission Credit Use........           12/13/02  [Insert date of FR publication]    ................................
                                                                                      [Insert FR page number where
                                                                                      document begins].
Section 101.309....................  Emission Credit Banking and           12/13/02  [Insert date of FR publication]    ................................
                                      Trading.                                        [Insert FR page number where
                                                                                      document begins].
Section 101.311....................  Program Audits and Reports.           11/10/04  [Insert date of FR publication]    ................................
                                                                                      [Insert FR page number where
                                                                                      document begins].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Subchapter J--Administrative Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Division 4--Emissions Trading
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.950....................  Use of Emissions Credits              12/06/00  [Insert date of FR publication]
                                      for Compliance.                                 [Insert FR page number where
                                                                                      document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 52703]]

 
                              Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
                                                                Subchapter A--Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 116.10.....................  General Definitions........           06/17/98  [Insert date of FR publication]    The SIP does not include
                                                                                      [Insert FR page number where       subsections 116.10(1), (2),
                                                                                      document begins].                  (3), (6), (8), (9), (10), and
                                                                                                                         (14).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 06-7413 Filed 9-5-06; 8:45 am]
BILLING CODE 6560-50-P


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