+(,121/,1(

Citation: 65 Fed. Reg. 79742 2000 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Fri Oct 2 16:18:04 2015

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
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" to read "SSN 642" and adding it

immediately preceding the entry for

USS PARCHE.

d. In Table Four by:

i. Amending paragraph 4 by 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 entry for

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 entry for 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 by revising "LPH 12" to read

"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 7 Class

ASR 21 Class

ATF 148 Class

ATS 1 Class

FF 1037 Class

USS GLOVER (FF 1098)

FFG 1 Class

MSO 422 Class

MSO 508 Class

PG 92 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 Air Quality Control District and

Pinal-Gila Counties Air Quality Control

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking 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

submitted by the State on behalf of the

PCAQCD to provide support for general

permitting requirements for stationary

sources in the PCAQCD.

This action will clarify which

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 from the SIP.

Thus, EPA is approving this action on

general permitting rules in the Arizona

SIP under provisions of the CAA

regarding EPA action on SIP submittals,

SIPs for national primary and secondary

ambient air quality standards, and plan

requirements for maintenance

attainment areas.

DATES: This rule is effective on February

20, 2001 without further notice, unless

EPA receives adverse comments by

January 19, 2001. If EPA receives such

comment, it will publish a timely

withdrawal in the Federal Register

informing the public that EPA's

approval of this rule will not take effect.

ADDRESSES: Comments must be

submitted in writing to Andrew Steckel

at the Region IX mailing address listed

below. Copies of the 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 normal business hours.

Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Office, (AIR-4), Air

Division, Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building,

1200 Pennsylvania Avenue, NW.,

Washington, DC 20460.

Arizona Department of Environmental

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 that were previously

approved into the PCAQCD 1 portion of

the Arizona SIP are listed below in

section III. The rules being removed

from the SIP are PCAQCD Rules 1-1-

050, 1-1-055, 1-1-105, and 3-1-080

and PGCAQCD 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 a valid SIP

submittal.

II. Background

On August 16, 1994, May 31, 1995,

and November 27, 1995, ADEQ

submitted or resubmitted to EPA on

behalf of PCAQCD various rules relating

to general permitting and PSD

requirements. Part of these rules were

approved in a Federal Register (FR)

document by EPA for incorporation into

the PCAQCD portion of the Arizona SIP

on April 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 of the

individual rules had earlier adoption

'The Gila County Board of Supervisors dissolved

the PGCAQCD on the part of Gila County on April

4, 1988. The Pinal County Board of Supervisors

dissolved the PGCAQCD on the part of Pinal

County on November 23, 1992. The existing

PGCAQCD SIP rules remain in the SIP applying to

Pinal County and Gila County until rescinded,

removed, or replaced by EPA action with respect to

each county.

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 of April 9, 1996.

III. EPA Evaluation and Action

In determining the approvability of a

rule submittal, EPA must evaluate the

rules for consistency with the

requirements of the CAA, EPA

regulations, as found in section 110 of

the CAA and 40 CFR part 51

(Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans), and EPA policy.

The statutory requirements for

nonattainment area permitting are found

in Title I of the CAA. EPA must also

ensure that rules are enforceable,

appropriate for the SIP, and strengthen

or maintain 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 on June 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 on February 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 four rules below were

erroneously approved by EPA as part of

the previously approved Chapter 1,

Article 1 (1-1-xxx series rules) and

Chapter 3, Article 1 (3-1-xxx series

rules). EPA is removing the four rules

below from the PCAQCD portion of the

Arizona SIP under section 110(k)(6) as

inconsistent with the requirements of

section 110(a) and part D of the CAA.

The four rules are not appropriate for

inclusion in the SIP for the reasons

given below. Removal of these four rules

from the SIP will have no effect on

emissions to the ambient air:

* PCAQCD Rule 1-1-050,

Authorization to Accept Funds or

Grants, relates to management of local

funds.

* PCAQCD Rule 1-1-055,

Authorization to Collect Funds or Fees,

relates to management of local 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 of the

previously approved Chapter 3, Article

1 (3-1-xxx series rules). However,

PCAQCD specifically excluded these

rules from the November 27, 1995

submittal. Therefore, EPA is clarifying

that these two rules are not approved

into the SIP and have never been in the

SIP, because there is not a valid SIP

submittal:

* PCAQCD Rule 3-1-045, Transition

from Installation and Operating Permit

Program.

* PCAQCD Rule 3-1-100, Permit

Posting.

Certain of the rules from the nowdefunct PGCAQCD are determined by

EPA to have been erroneously approved,

because they are not appropriate for

inclusion in the SIP. EPA is removing

the following rules from the PGCAQCD

portion of the Arizona SIP under section

110(k)(6) as inconsistent with the

requirements of section 110(a) and part

D of the CAA. A consequence of this

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 given below. Removal of

these rules from the SIP will have no

effect on emissions to the ambient air:

* PGCAQCD Rule 7-1-2.2, Permit

Unit Description and Fees, relates to

assessment of local 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 of Arizona 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 of the 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 of the PGCAQCD and the local

hearing board as authorized by Arizona

statutes.

EPA approved into the SIP from the

submittal of August 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 is publishing 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

of this Federal Register publication,

EPA is publishing a separate document

that will serve as the proposal to

approve the SIP revision should adverse

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.

If the EPA 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 then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

this rule. Any parties interested in

commenting on this rule should do so

at this time. If no such comments are

received, the public is advised that this

direct final approval will be effective on

February 20, 2001.

IV. Administrative Requirements

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. 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 preexisting 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 (Public Law 104-4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

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), because it 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

Clean Air Act. This rule also is not

subject to Executive Order 13045 (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 Clean Air Act. 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 Clean Air Act. 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. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the "Attorney

General's Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings" issued under

the executive order. 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 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 February, 20,

2001. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Permitting,

Reporting and recordkeeping

requirements.

Dated: July 13, 2000.

Felicia Marcus,

Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code

of Federal 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 et seq.

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 on June 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 on February 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.

[FR Doc. 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 of Volatile Organic

Compounds from Batch Processes,

Industrial Wastewater and Service

Stations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is taking direct final

action to approve revisions to the Texas

State Implementation Plan (SIP). The

revisions incorporate regulations to

control Volatile Organic Compound

(VOC) emissions from batch processes,

industrial wastewater, and during the

filling of underground storage tanks at

gasoline service stations. The intended

effect is to approve the regulations into

the Texas SIP. This action is being 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 comment by

January 19, 2001. If EPA receives 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 on this

action should be addressed to Mr.

Thomas Diggs, Chief, Air Planning

Section (6PD-L), at the EPA Region 6

Office listed below.

Copies of the documents relevant to

this action, including the Technical

Support Document (TSD), are available

for public inspection during normal

business hours at the following

locations. Interested persons wanting to

examine these documents should make

an appointment with the appropriate

office at least two 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 of Contents

1. What action is EPA taking?

2. What is a Reasonably Available Control

Technology (RACT)?

3. Why do we regulate Volatile Organic

Compounds (VOCs)?

4. What is a Volatile Organic Compound

(VOC)?

5. What do the Industrial Wastewater Rules

Require?

6. What do the Batch Processing Rules

Require?

7. What is required by the revisions to the

vapor recovery rules for gasoline service

stations?

8. What is a State Implementation Plan (SIP)?

9. What is the Federal approval process for

a SIP?

10. What does Federal approval of a SIP mean to me?

Throughout this document "we," "us," and "our" means EPA. Please note

that if we receive adverse comment(s)

on an amendment, paragraph, or section

of this rule and if that provision is

independent of the remainder of the

rule, we may adopt as final those

provisions of the rule that are not the

subject of adverse comment.

1. What Action Is EPA Taking?

We are approving three provisions as

part of the Texas State Implementation

Plan. We believe these revisions will

help Texas meet certain requirements of

the Clean Air Act and they will

contribute to attainment of the 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 and Beaumont/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.

These rules were initially submitted for

the Houston/Galveston, Dallas/Fort

Worth, and El Paso areas in a letter from

the Governor of Texas 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 they relate to the Beaumont/

Port Arthur and Houston/Galveston

areas and submitted in a letter from the

Governor of Texas dated November 12,

1999. We are approving the 1999

regulations as revised for the Beaumont/

Port Arthur and Houston/Galveston

areas as meeting RACT. Furthermore,

we are converting the limited approval

to a full approval because we now

believe that RACT is being 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 and Dallas/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 rules to control Batch

Processes were submitted in a letter

dated November 12, 1999.

* We are approving rules to require

recovery of vapors displaced when

tanker trucks unload gasoline at service

stations in the eastern half of Texas (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 of Texas is

relying upon these VOC reductions to

demonstrate attainment of the 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 116 because the State is relying

upon these rules for the continued

maintenance of the standard in the

eastern half of the State of Texas and as

a strengthening of the existing Texas

SIP.

In addition, when we approved the

Texas VOC rules for the capture and

control of the vapors at bulk gasoline