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Citation: 65 Fed. Reg. 79742 2000

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### 79742 Federal Register/Vol. 65, No. 245/Wednesday, December 20, 2000/Rules and Regulations

HOUMA YTB 826

ii. Amending the entry for USS KAMEHAMEHA by revising "SSBN 642" toread "SSN 642" and adding it immediately preceding the entry for USS PARCHE.

d. In Table Four by: i. Amending paragraph 4by removing the following entries from the table: USS IMPLICIT USS CONQUEST USS GALLANT
USS PLEDGE

ii. Removing and reserving paragraph 6;

iii. Removing the following entries from paragraph 7: USS OLIVER HAZARD PERRY USS WADSWORTH
USS DUNCAN USS CLIFTON SPRAGUE USS ANTRIM USS FLATLEY USS FAHRION USS LEWIS B. PULLER USS JACK WILLIAMS USS COPELAND USS GALLERY USS MAHLON S. TISDALE USS REID
USS STARK USS AUBREY FITCH

iv. Removing the following entries from paragraph 8: USS OLIVER HAZARD PERRY USS WADSWORTH USS DUNCAN USS CLIFTON SPRAGUE USS ANTRIM USS FLATLEY USS FAHRION USS LEWIS B. PULLER USS JACK WILLIAMS USS COPELAND USS GALLERY USS MAHLON S. TISDALE USS REID USS STARK USS AUBREY FITCH

v. Removing and reserving paragraph 10;

vi. Removing the following entries from paragraph 14:
YTB 752 YTB 757 YTB 758 YTB 780 YTB 785 YTB 788 YTB 799 YTB 801 YTB 811 YTB 826

vii. Removing the second entryfor USS PORTER in paragraph 16; and

viii. Removing the entry for KINGFISHER in paragraph 18. e. In Table Five by: i. Removing the entries for the following vessels: USS SURIBACHI USS MAUNA KEA USS NITRO USS PYRO USS MARS USS SYLVANIA USS WHITE PLAINS USS SAN DIEGO USS DALE USS RICHMOND K. TURNER USS BELKNAP USS LONG BEACH USS BAINBRIDGE USS TRUXTUN USS CALIFORNIA USS SOUTH CAROLINA USS MISSISSIPPI USS ARKANSAS USS FORRESTAL USS SARATOGA USS INDEPENDENCE USS COMTE DE GRASSE USS MERRILL USS CONOLLY USS JOHN RODGERS USS LEFTWICH USS HARRY W. HILL USS INGERSOLL USS KIDD The second entryfor USS PORTER USS CALLAGHAN USS SCOTT USS CHANDLER USS ELK RIVER USS GUADALCANAL USS GUAM USS NEW ORLEANS USS ALAMO USS HERMITAGE USS PENSACOLA USS FORT FISHER USS SAGINAW USS SPARTANBURG COUNTY USS FAIRFAX COUNTY USS BRISTOL COUNTY

ii. Amending the entry for USS INCHON byrevising "LPH 12" toread "MCS 12" and adding it immediately preceding the entry for USNS KILAUEA. 3.Table One of§706.3 is amended by removing the following entries: USNS RANGE SENTINEL (T-AGM-22) T-AGS 33 Class USNS ALBERT J.MYER (T-ARC 6) ARS 6 Class ARS 38 Class ASR 7Class ASR 21 Class ATF 148 Class ATS 1Class FF 1037 Class USS GLOVER (FF 1098) FFG 1Class MSO 422 Class MSO 508 Class PG92 Class SSBN 616 Class SSBN 627 Class SSBN 640 Class

Dated:December 8,2000. J.L. Roth, Commander,JAGC, U.S.Navy,Federal Register Liaison Officer. [FR Doc. 00-32209 Filed 12-19-00; 8:45 am]

BILLING CODE 3810-FF-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52
[AZ 063-0020a; FRL-6839-9]
Approval and Promulgation of Implementation Plans; Arizona State Implementation Plan Revision, Pinal County AirQuality Control Districtand Pinal-Gila Counties AirQuality Control District

AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPA istaking direct final action to approve revisions to the Arizona State Implementation Plan (SIP). The revisions are rules from the Pinal County Air Quality Control District (PCAQCD). These rules were submittedby the State onbehalf ofthe PCAQCD to provide support for general permitting requirements for stationary

sources in the PCAQCD.

This action will clarifywhich PCAQCD rules were incorporated into the federally approved SIP on April 9, 1996 (61 FR 15717). This action will also remove inappropriate PCAQCD and Pinal-Gila Counties Air Quality Control District (PGCAQCD) rules fromthe SIP. Thus, EPAis approving this action on general permitting rules in the Arizona SIP under provisions ofthe CAA regarding EPA action on SIP submittals, SIPs for national primary and secondary ambient air quality standards, andplan requirements for maintenance attainment areas. DATES: This rule is effective on February 20, 2001 without further notice, unless EPAreceives adverse comments by January 19, 2001. IfEPA receives such comment, itwill publish atimely withdrawal in the Federal Register informing the publicthat EPA's approval ofthis rule will not take effect. ADDRESSES: Comments must be submitted in writing to Andrew Steckel
atthe Region IX mailing address listed below. Copies ofthe rules and EPA's evaluation report are available for

### No. 245/Wednesday, December 20, 2000/Rules and Regulations 79743

public inspection at EPA's Region IX office during normalbusiness hours. Copies ofthe submitted rules are available for inspection at the following locations: Rulemaking Office, (AIR-4), Air

Division, Environmental Protection Agency, Region IX, 75 Hawthorne Street, SanFrancisco, CA 94105. Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Arizona Department ofEnvironmental

Quality, 3033 North Central Avenue, Phoenix, AZ 85012. Pinal County Air Quality Control

District, Building F, 31 North Pinal Street, (P. 0. Box 987), Florence, AZ 85232. FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office, (AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1135. SUPPLEMENTARY INFORMATION:

I. Applicability

The rules thatwere previously approved into the PCAQCD 1portion of the Arizona SIP are listed below in sectionIII. The rulesbeing removed from the SIP are PCAQCD Rules 1-1- 050, 1-1-055, 1-1-105, and 3-1-080 andPGCAQCD Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1. PCAQCD Rules 3-1-045 and 3-1-100

are clarified as not being in the SIP, because they did not have avalid SIP submittal.

II. Background

On August 16, 1994, May 31, 1995, andNovember 27, 1995, ADEQ submitted orresubmitted to EPAon behalfofPCAQCD various rules relating
to general permitting and PSD requirements. Part ofthese rules were approved in a Federal Register (FR) document by EPAfor incorporation into the PCAQCD portion ofthe Arizona SIP

onApril 9, 1996 (61 FR 15717). Part of the approved rules were submitted at earlier dates, but EPA can act only on the latest submittal date, November 27, 1995. The adoption date for all rules

was incorrectly designated as October 12, 1995, because many ofthe individual rules had earlier adoption

'The Gila County Board of Supervisors dissolved the PGCAQCD on the part ofGila County onApril 4, 1988. The Pinal County Board ofSupervisors dissolved the PGCAQCD on the part ofPinal County on November 23, 1992. The existing PGCAQCD SIPrules remain in the SIP applying to Pinal County and Gila County untilrescinded, removed, orreplaced by EPA action withrespect to eachcounty. dates. Only approved chapters and articles were listed in the FR document, but this did not clarify which individual rules were approved. This present action will clarify and correct the deficiencies in the previous FR document ofApril 9, 1996.

III. EPAEvaluation andAction

In determining the approvability ofa rule submittal, EPA must evaluate the rules for consistency with the requirements ofthe CAA, EPA regulations, asfound in section 110 of the CAA and40 CFR part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans), andEPA policy. The statutory requirements for nonattainment area permitting are found in Title I ofthe CAA. EPAmust also

ensure that rules are enforceable, appropriate for the SIP, and strengthen

ormaintain the SIP's control strategy.

EPA is clarifying that the individual rules approved on April 9, 1996 (61 FR 15717) along with their respective individual adoption dates, are as follows: * PCAQCD Rules 1-1-020, 1-1-030, 1-1-040, [1-1-050], 1-1-060, 1-1-070, 1-1-080, 1-1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 2-1-040, 2-1-050, 2-1-060, 2-1-070, 2-2-080, 2-2-090, 2-3-100,2-3-110,2-4-120,2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted onJune 29, 1993.

* PCAQCD Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-120 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-180, 3-2-185, 3-2-195, 3-2-190, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-270, 3-3-275, 3-3-280, adopted on November 3, 1993. * PCAQCD Rules 1-1-010, [1-1-055], 1-1-106, 2-5-180, 2-5-190, 2-5-200, 3-1-042, 3-1-060, [3-1-080], 3-1-081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-250, adopted onFebruary 22, 1995.

* PCAQCD Rules [1-1-105], 1-3-130, 1-3-140, 2-5-160, 3-1-040, 3-1-050, adopted on October 12, 1995.

The fourrules below were erroneously approved by EPA aspart of the previously approved Chapter 1, Article 1 (1-1-xxx series rules) and Chapter 3,Article 1 (3-1-xxx series rules). EPAis removing the fourrules below from the PCAQCD portion ofthe Arizona SIP under section 110(k)(6) as inconsistent with the requirements of section 110(a) andpart D ofthe CAA. The fourrules are not appropriate for inclusion in the SIP for the reasons givenbelow. Removal ofthese fourrules fromthe SIP will haveno effect on emissions to the ambient air:

* PCAQCD Rule 1-1-050, Authorization to Accept Funds or Grants, relates to management oflocal funds.

* PCAQCD Rule 1-1-055, Authorization to Collect Funds orFees, relates to management oflocal funds and fees.

* PCAQCD Rule 1-1-105, SIP List, is

a non-regulatory rule.

* PCAQCD Rule 3-1-080, Appeals to the Hearing Board, relates to procedures for the local hearing board.

The two rules below were apparently approved by EPA as part ofthe previously approved Chapter 3, Article 1 (3-1-xxx series rules). However, PCAQCD specifically excluded these rules fromthe November 27, 1995 submittal. Therefore, EPA is clarifying thatthese two rules are not approved into the SIP andhave never been in the SIP, because there is not avalid SIP submittal:

* PCAQCD Rule 3-1-045, Transition fromInstallation and Operating Permit Program.

* PCAQCD Rule 3-1-100, Permit Posting.

Certain ofthe rules from the nowdefunctPGCAQCD are determined by EPAto havebeen erroneously approved, because they are not appropriate for inclusion in the SIP. EPA isremoving the following rules from the PGCAQCD portion ofthe Arizona SIP under section 110(k)(6) as inconsistent with the requirements ofsection 110(a) and part D ofthe CAA. A consequence ofthis action is that these rules are also removed from the PCAQCD portion of the Arizona SIP. The rules are not appropriate for inclusion in the SIP for the reasons givenbelow. Removal of these rulesfrom the SIP will have no effect on emissions to the ambient air:

* PGCAQCD Rule 7-1-2.2, Permit UnitDescription and Fees, relates to assessment oflocal fees.

* PGCAQCD Rule 7-1-2.4, Appeals
to Hearing Board, relates to procedures for the local hearing board.

* PGCAQCD Rule 7-1-2.7, Enforcement, relates to lacal enforcement ofArizona statutes.

* PGCAQCD Rule 7-2-1.3, NonMethane Hydrocarbons, relates to a district non-methane hydrocarbon standard that does not have an equivalent in the NAAQS. This is consistent with the CAA, because there is no effect on attainment or any other applicable requirement ofthe CAA.

* PGCAQCD Rule 7-3-6.1, Policy and Legal Authority, relates to local 

### Federal Register/Vol. 65,

### 79744 Federal Register/Vol. 65, No. 245/Wednesday, December 20, 2000/Rules and Regulations

authority ofthe PGCAQCD and the local hearing board as authorized by Arizona
statutes.

EPA approved into the SIP from the submittal ofAugust 15, 1994 the following two rules, which are replaced by revised versions cited above:

* PCAQCD Rule 3-1-084, adopted on August 11, 1994.

* PCAQCD Rule 3-1-107, adopted on November 3, 1993.

EPA ispublishing this direct final approval without prior proposal because the Agency views this SIP revision as a noncontroversial revision and anticipates no adverse comments. However, in the proposed rules section ofthis Federal Register publication, EPA ispublishing a separate document that will serve as theproposal to approve the SIP revision shouldadverse
comments be filed. This direct final approval will be effective February 20, 2001 without further notice unless the Agency receives adverse comments by January 19, 2001.

IftheEPA receives such comments, then EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will
not take effect. All public comments received will thenbe addressed in a subsequent final rulebased on the proposed rule. The EPA will not institute a second comment period on this rule. Any parties interested in commenting onthis rule shoulddo so atthis time. Ifno such comments are received, the public is advised thatthis direct final approval will be effective on February 20, 2001.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR 51735, October4, 1993), this action is
not a "significant regulatory action" and therefore isnot subject toreviewby the Office ofManagement and Budget. This action merely approves state lawas meeting federal requirements and imposes no additional requirements beyond those imposedby state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5U.S.C. 601
etseq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable dutybeyond thatrequired by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, this rule also does
not significantly or uniquely affect the communities oftribal governments, as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This rule will
not have substantial direct effects onthe States, on the relationship between the national government andthe States, or

onthe distribution ofpower and responsibilities amongthe various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely
approves a state rule implementing a federal standard, and does not alter the relationship or the distribution ofpower andresponsibilities established in the Clean Air Act. This rule also isnot subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because itis not economically significant.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that theymeet the criteria of the Clean Air Act. In this context, in the absence ofa prior existing requirement for the State touse voluntary consensus standards (VCS), EPAhas no authority
to disapprove a SIP submission for failure to use VCS. Itwould thus be inconsistent with applicable law for EPA, when itreviews a SIP submission,
to use VCS in place ofa SIP submission that otherwise satisfies the provisions of the Clean Air Act.Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note) donot apply. As required by section 3ofExecutive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPAhas taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, andprovide a clear legal standard for affected conduct. EPAhas complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications ofthe rule in accordance with the "Attorney General's Supplemental Guidelines for the Evaluation ofRisk and Avoidance of Unanticipated Takings" issued under the executive order. This rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. 801 etseq., as addedby the Small Business Regulatory Enforcement Fairness Act of1996, generally provides that before a rule may take effect, the
agencypromulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPAwill submit a report containing this rule and other required information to theU.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United Statesprior to publication ofthe rule in the Federal Register.A major rule
cannot take effect until 60 days after it ispublished in the FederalRegister. This action is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean AirAct, petitions forjudicial review of this action must be filed in the United States Court ofAppeals for the appropriate circuit by February, 20, 2001. Filing apetition for reconsideration by the Administrator of this final rule does not affectthe finality ofthis rule for the purposes ofjudicial review nor does it extend thetime within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of suchrule

or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

List ofSubjects in40 CFR Part52

Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Permitting, Reporting and recordkeeping requirements.

Dated:July 13, 2000. FeliciaMarcus, Regional Administrator,RegionIX.
Part 52, Chapter I, Title40 ofthe Code ofFederal Regulations 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 etseq. Subpart D-Arizona

2. Section 52.120 is amended by adding paragraph (c)(18)(iv)(B), revising paragraph (c)(84)(i)(A), and adding paragraphs (c)(84)(i)(B), (c)(84)(i)(C), and (c)(84)(i)(D) to read as follows:
§52.120 Identification of plan.

* * * * *

(c) * * * (18) * * * (iv) (B) Previously approved on November 15, 1978 and now deleted without replacement Rules 7-1-2.2, 7-1-2.4, 7- 1-2.7, 7-2-1.3, and 7-3-6.1.

* * * * *

(84) * * * 

### (i) * * * (A)Rules 1- -1-060, 1-1- -2-110, 2-1- -1-040, 2-1- -2-080, 2-2- 1-020, 1 070, 1-1 010, 2-1 050, 2-1 090, 2-3 -1-030, 1- -080, 1-1- -020, 2-1- -060, 2-1- -100, 2-3- -1-040, -100, -030, -070, -110,

### Federal Register/Vol. 65, No. 245/Wednesday, December 20, 2000/Rules and Regulations 79745

2-4-120, 2-4- 2-5-170,2-5- 2-7-240, 2-7- 3-1-020, 3-1-
1993.

(B) Rules 1- 3-1-030, 3-1- 3-1-082, 3-1- 3-1-102, 3-1- 3-1-140, 3-1- 3-1-173, 3-1- 3-2-185, 3-2- 3-3-203, 3-3- -130, 2-4-140, 2-4-150, -210, 2-6-220, 2-7-230, -250, 2-7-260, 2-7-270, -132, adopted onJune 29,

-1-090, 1- -055, 3-1- -085, 3-1- -105, 3-1- -150, 3-1- -175, 3-1- -190, 3-2- -205, 3-3--2-120, -065, 3- -087, 3- -110, 3- -160, 3- -177, 3- -195, 3- -260, 3- 1-010, -070, -090, -120, -170, -180, -200, -270, 3-3-275, 3-3-280, adopted on November 3, 1993. (C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107,3-1-109, 3-3-210, 3-3-250, adopted onFebruary 22, 1995.

(D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180,3-1-040, 3-1-050, adopted on October 12, 1995.

[FRDoc. 00-31465 Filed 12-19-00; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [TX-121-1-7450a; FRL-6913-4]
Approval and Promulgation of Implementation Plans; Texas; Control of Emissions ofVolatile Organic Compounds from Batch Processes, IndustrialWastewater and Service Stations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

SUMMARY: The EPA is taking direct final action to approve revisions tothe Texas State Implementation Plan (SIP). The revisions incorporate regulations to control Volatile Organic Compound (VOC) emissions frombatch processes, industrial wastewater, and during the filling ofunderground storage tanks at gasoline service stations. The intended effect is to approve the regulations into the Texas SIP. This action isbeing taken in accordance with the Federal Clean Air Act (Act). DATES: This rule is effective on February 20, 2001 without further notice, unless EPA receives adverse commentby January 19, 2001. IfEPAreceives such adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public the rule will not take effect.

ADDRESSES: Written comments onthis action should be addressed to Mr. Thomas Diggs, Chief,Air Planning Section (6PD-L), atthe EPARegion 6 Office listed below.

Copies ofthe documents relevant to this action, including the Technical SupportDocument (TSD), are available for public inspection duringnormal business hours atthe following locations. Interested persons wanting to examine these documents should make

an appointment with the appropriate office at leasttwo working days in advance.

Environmental Protection Agency, Region 6, Air Planning Section (6PD-L), Multimedia Planning and Permitting Division, Region 6, Dallas, 1445 Ross Avenue, Texas 75202-2733, telephone: (214) 665-7214.

Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Austin, Texas 78711-3087.
FOR FURTHER INFORMATION CONTACT: Mr. Guy R. Donaldson, Air Planning Section (6PD-L), Multimedia Planning and Permitting Division, Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone: (214) 665-7242. SUPPLEMENTARY INFORMATION:

Table ofContents
1.What action isEPA taking? 2.What is aReasonably Available Control Technology (RACT)? 3.Why dowe regulate Volatile Organic Compounds (VOCs)? 4. What is aVolatile Organic Compound (VOC)? 5.What do theIndustrial WastewaterRules Require? 6.What do theBatchProcessing Rules Require? 7.What isrequiredby therevisions to the vaporrecovery rules forgasoline service stations? 8.What is aState Implementation Plan (SIP)? 9.What is theFederal approval processfor

a SIP? 10. What does Federal approval ofa SIP

mean tome? Throughout this document "we," "us," and "our" means EPA. Please note that ifwe receive adverse comment(s)

on an amendment, paragraph, or section ofthis rule and ifthat provision is independent ofthe remainder ofthe rule, we may adopt asfinal those provisions ofthe rule that are not the subject ofadverse comment.
1. What Action Is EPATaking?

We are approving three provisions as part ofthe Texas State Implementation Plan. We believe these revisions will help Texas meet certainrequirements of the Clean Air Act and they will contribute to attainment ofthe one-hour

ozone standard in the Houston/ Galveston, Beaumont/Port Arthur and Dallas/Fort Worth nonattainment areas. The three provisions are:

* We are approving rules to control emissions from industrial wastewater

sources in the Synthetic Organic Chemical Industry (SOCMI) in the Houston/Galveston andBeaumont/Port Arthur ozone nonattainment areas (30 Texas Administrative Code(TAC)115.140-149) as meeting the section 182(b)(2) and section 183 Reasonably Available Control Technology (RACT) requirements. Theserules were initially submitted for the Houston/Galveston, Dallas/Fort Worth, and El Paso areas in aletter from the Governor ofTexas dated May 9, 1994 and given limited approval. See 64 FR 3841 (January 26, 1999) and 62 FR 27964 (May 22, 1997). The rules were revised as theyrelate tothe Beaumont/ PortArthur and Houston/Galveston

areas and submitted in a letter from the Governor ofTexas dated November 12, 1999. We are approving the 1999 regulations as revised forthe Beaumont/ PortArthur and Houston/Galveston

areas as meeting RACT. Furthermore,

we are converting the limited approval
to a full approval because we now believe thatRACT isbeing implemented for major sources in this source category in all four 1-hour ozone nonattainment

areas in Texas. (We previously approved negative declarations for this source category in the El Paso andDallas/Fort Worth areas. See 61 FR 55897 (October 30, 1996).)

* We are approving as RACT, rules to control emissions from batch processes in the Beaumont/Port Arthur ozone nonattainment area (30 TAC 115.160- 115.169). The rulesto control Batch Processes were submitted in a letter dated November 12, 1999.

* We are approving rules to require
recovery ofvapors displaced when tanker trucks unload gasoline at service stations in the eastern halfofTexas (30 TAC 115.213-115.229 and 115.234- 115.239). These rules were submitted in

a letter dated August 9, 1999. We are approving these rules under part D of the Act because the State ofTexas is relying upon these VOC reductions to demonstrate attainment ofthe 1-hour

ozone standard in the Beaumont/Port Arthur,Dallas/Fort Worth, and Houston/Galveston areas. We are also approving these rules under sections 110 and 116because the State isrelying upon these rules for the continued maintenance ofthe standard inthe
eastern halfofthe State ofTexas and as

a strengthening ofthe existing Texas SIP.

In addition, when we approved the Texas VOC rules for the capture and control ofthe vapors atbulk gasoline