Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 18061 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(d) Enforcement period. This section 

will be enforced from 2 p.m. through 7 

p.m. on May 27, 2010, and if necessary 

due to inclement weather, from 2 p.m. 

through 7 p.m. on June 3, 2010. 

Dated: March 25, 2010. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore, Maryland. 

[FR Doc. 2010–8093 Filed 4–8–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0988; FRL–9135–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Control of Air Pollution From Motor 

Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving 

revisions to the Texas State 

Implementation Plan (SIP). We are 

approving revisions to Title 30 of the 

Texas Administrative Code (TAC), 

Chapter 114, which the State submitted 

on May 15, 2006, October 10, 2006, 

January 17, 2008, and February 28, 

2008. These revisions establish the 

Rebate Grant Process and the Texas 

Clean School Bus Program, amend the 

Texas Emissions Reduction Plan 

(TERP), and amend the Locally Enforced 

Motor Vehicle Idling Limitations. The 

EPA is approving these revisions 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: This direct final rule will be 

effective June 8, 2010 without further 

notice unless EPA receives relevant 

adverse comments by May 10, 2010. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2006–0988, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Please 

follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

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

r6comment.htm. Please click on ‘‘6PD 

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

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

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

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2006–0988. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

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

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

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

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

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality (TCEQ), Office of Air Quality, 

12124 Park 35 Circle, Austin, Texas 

78753. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dayana Medina, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–7241; fax number 

214–665–7263; e-mail address 

medina.dayana@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

Outline 

I. What Action Is EPA Taking? 

II. Background 

III. What Did the State Submit? 

A. The Rebate Grant Process 

B. Texas Clean School Bus Program 

C. The Texas Emissions Reduction Plan 

(TERP) 

D. Locally Enforced Motor Vehicle Idling 

Limitations 

IV. Final Action 


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18062 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 

1Although the TERP has several different 

components, the part of the plan that EPA approved 

into the Texas SIP is the Diesel Emissions 

Reduction Incentive Program for On-Road and NonRoad Vehicles. See 70 FR 48647 (August 19, 2005). 

2The docket for this rulemaking, which includes 

a TSD, is available at http://www.regulations.gov. 

The docket number is EPA–R06–OAR–2006–0988. 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

Today we are approving revisions to 

the Texas SIP that amend 30 TAC 

Chapter 114, Control of Air Pollution 

from Motor Vehicles. These revisions 

consist of the new Rebate Grant Process 

and the new Texas Clean School Bus 

Program, and additional revisions to the 

TERP and Locally Enforced Motor 

Vehicle Idling Limitations, as submitted 

to EPA by the TCEQ on May 15, 2006, 

October 10, 2006, January 17, 2008, and 

February 28, 2008. Some of the 

revisions we are approving in this 

rulemaking are administrative in 

nature—they identify an acronym and 

renumber a sequence of paragraphs. A 

majority of the revisions, however, are 

substantive in nature. We are approving 

these revisions in accordance with 

section 110 of the CAA. 

The EPA is publishing this rule 

without prior proposal because we view 

this as a noncontroversial amendment 

and anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the SIP revisions if 

relevant adverse comments are received. 

This rule will be effective on June 8, 

2010 without further notice unless we 

receive relevant adverse comments by 

May 10, 2010. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comments on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

II. Background 

Section 110 of the CAA requires 

States to develop air pollution 

regulations and control strategies to 

ensure that air quality meets the 

National Ambient Air Quality Standards 

(NAAQS) established by EPA. The 

NAAQS are established under section 

109 of the CAA and currently address 

six criteria pollutants: carbon monoxide, 

nitrogen dioxide, ozone, lead, 

particulate matter, and sulfur dioxide. A 

SIP is a set of air pollution regulations, 

control strategies, other means or 

techniques, and technical analyses 

developed by the State, to ensure that 

air quality in the State meets the 

NAAQS. It is required by section 110 

and other provisions of the CAA. A SIP 

protects air quality primarily by 

addressing air pollution at its point of 

origin. A SIP can be extensive, 

containing State regulations or other 

enforceable documents, and supporting 

information such as emissions 

inventories, monitoring networks, and 

modeling demonstrations. Each State 

must submit regulations and control 

strategies to EPA for approval and 

incorporation into the Federallyenforceable SIP. 

The Texas SIP includes a variety of 

control strategies, including the TERP, a 

program that provides funding for 

owners and operators to reduce 

emissions from heavy-duty diesel 

equipment used in areas that are not 

meeting the NAAQS for ozone.1 On 

October 10, 2006, the TCEQ submitted 

SIP revisions to EPA to revise the 

existing TERP program by establishing 

the Rebate Grant Process and the Texas 

Clean School Bus Program. The Rebate 

Grant Process will provide fast and 

simple access to rebate grants under the 

TERP. The Texas Clean School Bus 

Program also revises the TERP to fund 

efforts by school districts to improve the 

health of children by reducing 

emissions of diesel exhaust from school 

buses. 

On January 17, 2008, the State 

submitted SIP revisions that further 

amend the TERP. These revisions 

authorize the TCEQ to allow travel on 

highways and roadways designated by 

the TCEQ to count toward the 

requirement that grant-funded vehicles 

operate at least 75 percent of the annual 

miles in the eligible counties; lower the 

cost-effectiveness criteria from $13,000 

per ton of NOX reduced to $15,000 per 

ton of NOX reduced; and remove the 

option that vehicles, equipment, and 

engines replaced under the program 

may be removed from the State in lieu 

of being recycled or scrapped. 

On May 15, 2006, the State submitted 

SIP revisions addressing Locally 

Enforced Motor Vehicle Idling 

Limitations. The EPA first approved 

revisions to the Texas SIP that 

incorporated Locally Enforced Motor 

Vehicle Idling Limitations on April 11, 

2005 (70 FR 18308), for use as a control 

strategy to reduce ground-level ozone. 

The current motor vehicle idling rules 

limit the idling time for certain motor 

vehicles. The SIP revisions submitted 

on May 15, 2006, prohibit idling of a 

vehicle within a school zone or within 

1,000 feet of a public school during 

operating hours; modify the exemption 

that applies to motor vehicles with a 

gross vehicle weight rating of 14,000 

pounds or less; clarify the intent of the 

rule; and add exemptions to allow 

idling the primary propulsion engine of 

a vehicle to provide air conditioning 

while using the vehicle to perform an 

essential function related to roadway 

construction or maintenance, and when 

powering an air conditioner in the 

vehicle’s sleeper berth for a governmentmandated rest period. 

On February 28, 2008, the State 

submitted revisions to the SIP that 

further amend Locally Enforced Motor 

Vehicle Idling Limitations. The 

February 28, 2008 SIP revisions modify 

the exemption that applies to motor 

vehicles with a gross vehicle weight 

rating of 14,000 pounds or less; extend 

the expiration date of two subsections to 

September 1, 2009; prohibit idling 

within 1,000 feet of hospitals and 

residential areas; and restrict idling of 

vehicles with sleeper berths when there 

is a vehicle heating and air conditioning 

hook-up facility located within two 

miles. Currently, there are no Federal 

regulations governing idling time for 

motor vehicles. 

More detail on each of these revisions 

is included below and in the Technical 

Support Document (TSD). The TSD is 

provided in the docket for this 

rulemaking.2

We note one more SIP revision, 

submitted by the State on October 4, 

2001, which is not included in the TSD 

for this rulemaking. The State submitted 

revisions to the SIP on October 4, 2001, 

that included the repeal of 30 TAC 

114.507 (Exemptions). Section 114.507 

prohibited a motor vehicle with a gross 

vehicle weight rating greater than 

14,000 pounds from idling more than 

five consecutive minutes in the 

Houston-Galveston-Brazoria area, from 

April 1 through October 31 of each 

calendar year. EPA did not take action 

on this portion of the revision, but on 

September 6, 2006, EPA approved a 

revision to the Texas SIP that removed 

from the SIP ‘‘Division 1: Motor Vehicle 

Idling Limitations,’’ which included 

section 114.507 (see 71 FR 52670). 

Therefore, that portion of the State’s 

October 4, 2001 submittal that pertains 

to section 114.507 will not be acted on 

by EPA because it is superseded by the 

September 6, 2006 rulemaking. 


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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 18063 

3For specific commitments that have been 

established for reducing NOX, as necessary, for 

DFW and Houston to reach attainment, please see 

the DFW SIP approved on January 14, 2009 (74 FR 

01903), and the Houston SIP approved on 

September 6, 2006 (71 FR 52670). 

4Except as provided under Texas Health and 

Safety Code, section 386.056, which states that an 

owner or operator of a site located in the HoustonGalveston or Dallas-Fort Worth nonattainment area 

may, under certain circumstances, use emissions 

reductions generated by a program established 

under this chapter to offset the requirements of 

commission rules relating to control of air pollution 

from oxides of nitrogen. 

5See EPA’s Improving Air Quality with Economic 

Incentive Programs guidance, chapters 4 and 8 

(January 2001). 

III. What Did the State Submit? 

A. The Rebate Grant Process 

The Rebate Grant Process is new 

within 30 TAC Chapter 114, Control of 

Air Pollution from Motor Vehicles; 

Subchapter K, Mobile Source Incentive 

Programs; Division 3, Diesel Emissions 

Reduction Incentive Program for OnRoad and Non-Road Vehicles. The rule 

was adopted by the State on September 

20, 2006, and submitted to EPA for 

approval into the SIP on October 10, 

2006. The Rebate Grant Process is 

codified at 30 TAC 114.624 and will 

provide for fast and simple access to 

TERP funds, using a streamlined 

process to award standardized rebates 

for designated project types. The State 

may award rebate grants for a specific 

region or statewide, limit or expand the 

project types to further the goals of the 

program, and designate another entity to 

administer the grants. The EPA is 

approving this revision to the SIP 

because it is consistent with section 

110(1) of the CAA. The EPA notes, 

however, that in the DFW and Houston 

SIPs, certain commitments have been 

approved into the SIP for reducing NOX

as necessary for the areas to reach 

attainment.3 Texas must continue to 

insure that these commitments are met. 

B. Texas Clean School Bus Program 

The Texas Clean School Bus Program 

is a new division in 30 TAC Chapter 

114, Control of Air Pollution from Motor 

Vehicles; Subchapter K, Mobile Source 

Incentive Programs; Division 4, Texas 

Clean School Bus Program. The rule was 

adopted by the State on September 20, 

2006, and submitted to EPA for 

approval into the SIP on October 10, 

2006. 

There are five new sections within 

Division 4. Section 114.640 (Definitions) 

identifies and defines the terms used in 

the Texas Clean School Bus Program: 

(1). Diesel exhaust, (2). Incremental 

Cost, (3). Qualifying fuel, (4). Repower, 

and (5). Retrofit. Section 114.642 

(Applicability) establishes program 

eligibility for school districts and 

charter schools statewide; the program 

is not limited to nonattainment areas. 

This section also allows regional 

planning organizations, such as 

Councils of Government and private 

non-profit organizations, to apply for 

and receive grants to improve the 

program. Section 114.644 (Clean School 

Bus Program Requirements) establishes 

the basic program requirements for the 

Clean School Bus Program, including: 

the types of projects eligible for a Clean 

School Bus grant; allowance for the 

TCEQ to limit and/or prioritize funding 

in a particular funding period to certain 

areas of the State; allowance for the 

TCEQ to establish other criteria in a 

particular funding period, including 

reductions in diesel exhaust emissions 

to be achieved and additional pollutants 

to be addressed; the minimum use and 

useful life of a project under the grant 

program; a requirement that for a 

proposed project that includes a 

replacement of equipment or a repower, 

the old equipment or engine must be 

recycled, scrapped, or otherwise 

permanently removed from the State; 

strict adherence to the application form; 

allowance of the use of grant funds to 

pay incremental costs associated with 

the project and prohibition against using 

the grant for administrative expenses; 

prohibition against use of grant funds to 

meet Federal or State legal requirements 

and for credit under any State or Federal 

emissions reductions credit averaging, 

banking, or trading program; 4 and 

allowance for the TCEQ to require that 

the grant recipient return some or all of 

the grant funds if they fail to meet the 

terms of a project grant or conditions of 

the Texas Clean School Bus Program. 

Section 114.646 (Monitoring, 

Recordkeeping, and Reporting 

Requirements) requires grant recipients 

to adhere to the reporting requirements 

of their grant. Reports must occur at 

least annually. Section 114.648 

(Implementation Schedule) establishes 

that the Texas Clean School Bus 

Program will expire on August 31, 2013. 

Although the rules found in new 

Division 4 establish the needed 

framework for a clean school bus 

program, the Texas Clean School Bus 

Program would be funded by TERP only 

if TCEQ is given the necessary 

appropriation authority by the Texas 

State legislature (Texas Constitution, 

Article VIII, Section 6) and TERP 

revenues reach levels required to fund 

the program (Texas Health and Safety 

Code, section 386.252). The Texas Clean 

School Bus Program remained unfunded 

during the 2006–2007 biennium because 

an appropriation was not made by the 

Texas State legislature. However, the 

program was funded during the 2008– 

2009 biennium after the Texas State 

Legislature gave TCEQ the necessary 

appropriation authority (House Bill No. 

1, 81st Legislature, Regular Session, 

General Appropriations Act). 

In a letter dated May 16, 2006, EPA 

provided TCEQ with comments, stating 

that in order for the Texas Clean School 

Bus Program to be approvable into the 

SIP under the Economic Incentive 

Program (EIP), reductions created by the 

plan must be surplus, quantifiable, 

enforceable, and permanent, and should 

be made consistent with the principles 

of equity and environmental benefit.5 In 

their submittal, TCEQ confirmed that 

the Texas Clean School Bus Program 

meets the requirements of a financial 

mechanism EIP under EPA’s Improving 

Air Quality with Economic Incentive 

Programs guidance. Our analysis of this 

revision’s consistency with EPA’s EIP 

guidelines can be found in the TSD, 

which is provided in the docket for this 

rulemaking. 

The EPA is approving the above 

revisions to the SIP, which establish the 

needed framework for the Texas Clean 

School Bus Program, because they are 

consistent with section 110(1) of the 

CAA and EPA’s EIP guidance. However, 

EPA notes once again that in the DFW 

and Houston SIPs, certain commitments 

have been approved into the SIP for 

reducing NOX as necessary for the areas 

to reach attainment. Texas must 

continue to insure that these 

commitments are met. 

C. The Texas Emissions Reduction Plan 

(TERP) 

The TERP is found in 30 TAC Chapter 

114, Control of Air Pollution from Motor 

Vehicles; Subchapter K, Mobile Source 

Incentive Programs; Division 3, Diesel 

Emissions Reduction Incentive Program 

for On-Road and Non-Road Vehicles. 

Revisions to the TERP were adopted by 

the State on September 20, 2006 and 

submitted to EPA for approval into the 

SIP on October 10, 2006. Subsequent 

revisions to the TERP were adopted by 

the State on December 5, 2007 and 

submitted to EPA for approval into the 

SIP on January 17, 2008. These are 

explained in detail below. 

The October 10, 2006 submittal 

provides for clarification of the 

definition of ‘‘cost-effectiveness,’’ as it 

applies to the TERP. The amendment to 

paragraph (1) in section 114.620 

(Definitions) modifies the definition of 

‘‘cost-effectiveness’’ to clarify how the 

cost-effectiveness of TERP grant 

applications will be determined. CostVerDate Nov<24>2008 17:01 Apr 08, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1

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18064 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 

6For our analysis of the consistency of the TERP 

revisions with EPA’s Improving Air Quality with 

Economic Incentive Programs guidance (January 

2001), please see the TSD, which is located in the 

docket for this rulemaking. 

7For a current list of areas implementing idling 

restrictions in North Texas, visit http:// 

www.nctcog.org/trans/air/programs/idling/ 

index.asp. For a current list of areas implementing 

idling restrictions in the Austin area, visit http:// 

www.tceq.state.tx.us/implementation/air/sip/ 

vehicleidling.html. 

effectiveness is defined as the total 

dollar amount expended divided by the 

total number of tons of NOX emissions 

reduction attributable to that 

expenditure. In calculating costeffectiveness, one time grants of money 

at the beginning of a project shall be 

annualized using a time value of public 

funds or discount rate determined for 

each project by TCEQ, taking into 

account the interest rate on bonds and 

interest earned by State funds. In 

addition, amendments to paragraphs (8) 

and (10) in section 114.620, replace the 

acronym ‘‘EPA’’ with ‘‘United States 

Environmental Protection Agency.’’ The 

EPA is approving these amendments 

because they will improve TERP 

program effectiveness by ensuring that 

the cost-effectiveness of projects under 

the TERP is accurately calculated. 

The revisions submitted on October 

10, 2006 also address section 114.622 

(Incentive Program Requirements). 

Revisions to subsection (d) in section 

114.622 establish that the TCEQ may set 

lower cost-effectiveness limits as 

needed to ensure the best use of 

available funds, which will allow 

spending a larger amount of money per 

ton of NOX reduced. In addition to costeffectiveness, the TCEQ may base 

project selection decisions on other 

measures when evaluating the 

effectiveness of projects in reducing 

NOX emissions in relation to the funds 

to be awarded. While many of the most 

cost-effective projects have already been 

completed, old, polluting equipment 

remains in use in nonattainment areas 

and this revision would increase the 

eligibility of a portion of that equipment 

for TERP funding. The EPA is approving 

this amendment because it will allow 

TERP to fund less cost-effective projects 

that nevertheless would reduce NOX

emissions in nonattainment areas. 

A portion of the October 10, 2006 

revision to subsection (d) in section 

114.622, which specifies that the costeffectiveness of a proposed project 

under the TERP program must not 

exceed a cost-effectiveness of $13,000 

per ton of NOX emissions reduced, is 

superseded by a revision in the January 

17, 2008 submittal, which further 

lowers the cost-effectiveness limits for 

projects to $15,000 per ton of NOX

emissions reduced. In addition, the 

amendment to subsection (c) of section 

114.622, which requires that old 

equipment or engines that are part of a 

proposed project that includes a 

replacement of equipment or a repower 

be recycled, scrapped or otherwise 

permanently removed from the State, is 

superseded by the January 17, 2008 

submittal, which requires grant 

recipients to recycle or scrap the old 

equipment or engine, except in specific 

grants in which the applicant provides 

sufficient assurances that an old 

locomotive will not be returned to the 

State. The EPA is approving these 

revisions because they will improve 

TERP program effectiveness by 

increasing the pool of eligible applicants 

for TERP funds and by providing greater 

certainty that older, higher emitting 

equipment will be removed from 

service. 

The January 17, 2008 submittal also 

revises subsection (b) of section 114.622 

(Incentive Program Requirements), 

which authorizes the TCEQ to allow 

vehicles replaced or repowered under 

the TERP to travel on highways and 

roadways, or portions of a highway or 

roadway, designated by the TCEQ and 

located outside a nonattainment area or 

affected county to count towards the 

percentage-of-use requirement when 

determining eligibility for TERP grants. 

Previously, not less than 75 percent of 

the vehicle miles traveled or hours of 

operation projected for the five years 

immediately following the award of a 

grant were required to be projected to 

take place in a nonattainment area or 

affected county in Texas. The 

requirement that at least 75 percent of 

the vehicle miles traveled or hours of 

operation projected for the five years 

immediately following the award of a 

grant must be projected to take place in 

a nonattainment area or affected county 

of the State of Texas, or on highways 

and roadways designated by the TCEQ 

and located outside a nonattainment 

area or affected county, is only used to 

determine TERP program eligibility. 

According to the TERP guidelines, usage 

outside of the nonattainment areas or 

affected counties will not count towards 

the emissions reductions used to 

determine the cost-effectiveness of the 

project. The EPA is approving this 

revision to the SIP because it will result 

in more vehicles traveling in and 

around the nonattainment areas to be 

eligible for TERP grants. 

The EPA is approving the above 

revisions to the TERP program into the 

SIP because they are consistent with 

section 110(1) of the CAA, they give the 

State additional flexibility to allocate 

TERP funds to achieve the air quality 

goals of the State, and the TERP 

continues to be consistent with EPA’s 

EIP guidance.6 EPA notes, however, that 

in the DFW and Houston SIPs, certain 

commitments have been approved into 

the SIP for reducing NOX as necessary 

for the areas to reach attainment. Texas 

must continue to insure that these 

commitments are met. 

D. Locally Enforced Motor Vehicle Idling 

Limitations 

The Locally Enforced Motor Vehicle 

Idling Limitations are found in 30 TAC 

Chapter 114, Control of Air Pollution 

from Motor Vehicles; Subchapter J, 

Operational Controls for Motor 

Vehicles; Division 2, Locally Enforced 

Motor Vehicle Idling Limitations. This 

rule can be implemented within the 

jurisdiction of any local government in 

the State that has signed a 

Memorandum of Agreement (MOA) 

with the TCEQ. The local government 

that signs the MOA is delegated the 

authority to enforce the rule within its 

jurisdiction. Thus far, numerous cities 

and counties in the Austin and DallasFort Worth areas have adopted these 

regulations.7 Revisions to Division 2 

were adopted by the State on April 26, 

2006, and submitted to EPA for 

approval into the SIP on May 15, 2006. 

Subsequent revisions to Division 2 were 

adopted by the State on January 30, 

2008, and submitted to EPA for 

approval into the SIP on February 28, 

2008. These are explained in detail 

below. 

The May 15, 2006 submittal revises 

section 114.512 (Control Requirements 

for Motor Vehicle Idling). The first 

amendment simply identifies the 

existing first paragraph as subsection 

(a). This paragraph states that no person 

shall cause, suffer, allow, or permit the 

primary propulsion engine of a motor 

vehicle to idle for more than five 

consecutive minutes when the motor 

vehicle is not in motion during the 

period of April 1 through October 31 of 

each calendar year. The EPA is 

approving this revision because it 

allows for existing section 114.512 to be 

organized into subsections. 

The second revision to Section 

114.512 adds new subsection (b), which 

states that no driver using the vehicle’s 

sleeper berth may idle the vehicle in a 

school zone or within 1,000 feet of a 

public school during its hours of 

operation, an offense of which may be 

punishable by a fine not to exceed $500. 

A portion of new subsection (b) in 

section 114.512 (submitted May 15, 

2006), which establishes that this 

particular subsection expires on 

September 1, 2007, is superseded by a 


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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 18065 

8As defined by Local Government Code, Section 

244.001, which explains what areas are classified as 

residential areas. 

revision in the February 28, 2008 

submittal, which extends the expiration 

date to September 1, 2009. The February 

28, 2008 submittal also revises 

subsection (b) by adding language to 

prohibit idling by drivers using the 

vehicle’s sleeper berth in residential 

areas 8 or within 1,000 feet of a hospital. 

The EPA is not taking action on the 

revisions to subsection (b) of section 

114.512 that were submitted on May 15, 

2006 and February 28, 2008, because the 

expiration date of September 1, 2009 

has already passed, and subsection (b) is 

therefore no longer in effect. 

The May 15, 2006 submittal also 

revises section 114.517 (Exemptions). 

The amendment to paragraph (1) in 

section 114.517 continues to exempt 

motor vehicles with a gross vehicle 

weight rating of 14,000 pounds or less, 

but if before September 1, 2007, only 

those that do not have a sleeper berth. 

This is superseded by the January 28, 

2008 revision, which provides the 

following: Paragraph (1) specifies that 

the control requirements for motor 

vehicle idling do not apply to ‘‘a motor 

vehicle that has a gross vehicle weight 

rating of 14,000 pounds or less and does 

not have a sleeper berth.’’ New 

paragraph (2) indicates that after 

September 1, 2009, all motor vehicles 

with a gross vehicle weight rating of 

14,000 pounds or less will be exempt 

from the provisions of section 114.512 

(Control Requirements for Motor Vehicle 

Idling). This revision simply clarifies 

that control requirements for motor 

vehicle idling do not apply to any motor 

vehicle with a gross vehicle weight 

rating of 14,000 pounds or less. The 

Locally Enforced Motor Vehicle Idling 

Limitations approved into the Texas SIP 

on April 11, 2005 (70 FR 18308) applied 

only to heavy duty vehicles with a gross 

vehicle weight rating greater than 

14,000 pounds, and were not intended 

to apply to any vehicle with a gross 

vehicle weight rating of 14,000 pounds 

or less, regardless of whether or not it 

has a sleeper berth. This revision to 

section 114.517 allows for consistency 

with the TX SIP revisions approved in 

2005. The EPA is approving these 

revisions submitted on February 28, 

2008 because they provide for 

clarification of the exemptions to the 

motor vehicle idling limits. EPA is not 

taking action on the May 15, 2006 

revision to paragraph (1) in section 

114.517, because it is superseded by the 

revisions submitted on February 28, 

2008. 

The May 15, 2006, submittal also 

revises section 114.517, paragraphs (4) 

and (7). In paragraph (4), the phrase ‘‘not 

including’’ is replaced with ‘‘other than,’’ 

such that the paragraph reads that one 

of the exemptions to the control 

requirements for motor vehicle idling is 

‘‘the primary propulsion engine of a 

motor vehicle providing a power source 

necessary for mechanical operation, 

other than propulsion, and/or passenger 

compartment heating, or air 

conditioning.’’ In paragraph (7), the 

phrase ‘‘comfort/safety’’ is replaced with 

‘‘comfort and safety’’ and the word 

‘‘those,’’ referring to ‘‘vehicles,’’ is 

removed because it is redundant. In 

addition, the phrase ‘‘or public’’ is added 

and the phrase ‘‘school buses’’ is 

removed, to clarify that the primary 

propulsion engine of all motor vehicles 

intended for commercial or public 

passenger transportation, or passenger 

transit operations, are allowed to idle up 

to a maximum of 30 minutes when 

being used to provide air conditioning 

or heating necessary for passenger 

comfort and safety. Furthermore, the 

exemption regarding the propulsion 

engine of motor vehicles used for 

passenger transit operations is removed 

from paragraph (8) and inserted into 

paragraph (7). Revised paragraph (7) 

now reads that the provisions of section 

114.512 do not apply to ‘‘the primary 

propulsion engine of a motor vehicle 

that is being used to supply heat or air 

conditioning necessary for passenger 

comfort and safety in vehicles intended 

for commercial or public passenger 

transportation, or passenger transit 

operations, in which case idling up to 

a maximum of 30 minutes is allowed.’’ 

Language is added to paragraph (8), 

exempting the primary propulsion 

engine of a motor vehicle being used to 

provide air conditioning or heating 

necessary for employee health or safety 

while the employee is using the vehicle 

to perform an essential job function 

related to roadway construction or 

maintenance, from the control 

requirements for motor vehicle idling. 

The new exemption found in paragraph 

(8) ensures that the control requirements 

for motor vehicle idling do not conflict 

with the Texas Department of 

Transportation guidelines for vehicle 

idling by employees. The revision to 

paragraph (8) will assist local 

jurisdictions in determining 

enforcement responsibilities. Text is 

edited in paragraphs (9) and (10) for 

clarification: the word ‘‘or’’ is removed 

from the end of paragraph (9) to indicate 

that it is no longer the next to last 

paragraph; in paragraph (10), the word 

‘‘who’’ is replaced with ‘‘that’’ and a 

period is replaced with a semi-colon 

and the word ‘‘or’’ is added to the end 

of paragraph (10), to indicate that it is 

no longer the final paragraph in section 

114.517. The EPA is approving these 

revisions because they help to clarify 

procedures regarding idling restrictions. 

The May 15, 2006 submittal also adds 

new paragraph (11), which exempts 

from the control requirements for motor 

vehicle idling, a motor vehicle when 

idling is necessary to power a heater or 

air conditioner while a driver is using 

the vehicle’s sleeper berth for a 

government-mandated rest period. The 

February 28, 2008 submittal revises 

paragraph (11) by adding language that 

prohibits idling to power a heater or air 

conditioner while a driver is using the 

vehicle’s sleeper berth if the vehicle is 

within two miles of a facility offering 

external heating and air conditioning 

connections at a time when those 

connections are available. It should be 

noted that in a letter dated January 17, 

2006, EPA provided TCEQ with 

comments, stating that the addition of 

exemption (11) would weaken the SIP 

rules approved by EPA in 2005. We 

added that we would not be able to 

approve this revision into the SIP unless 

TCEQ would provide substitute 

reductions or modeling to show that 

attainment can be met without the 

credits affected by these changes. TCEQ 

did not revise the rule or provide new 

substitute reductions or modeling in 

response to our comments. However, 

the February 28, 2008 submittal extends 

the expiration date of paragraph (11) to 

September 1, 2009, and it should be 

noted that the expiration date has 

passed and the exemption is no longer 

in effect. Therefore, the EPA is not 

taking action on the revisions to 

paragraph (11) that were submitted on 

May 15, 2006, and February 28, 2008. 

The February 28, 2008 submittal also 

revises section 114.517 (Exemptions), by 

renumbering the paragraphs to account 

for new paragraph (2). The EPA is 

approving this revision to the SIP 

because it allows for clarity and 

consistency in the numbering of the 

paragraphs in section 114.517. 

The EPA is approving the above 

revisions to the Locally Enforced Motor 

Vehicle Idling Limitations into the SIP 

because they are consistent with section 

110(1) of the CAA, and because they 

allow for clarity and consistency of the 

exemptions and control requirements 

for motor vehicle idling. 

IV. Final Action 

The EPA is approving revisions to the 

Texas SIP submitted to EPA on May 15, 

2006, October 10, 2006, January 17, 

2008, and February 28, 2008, which 


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18066 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 

apply to 30 TAC Chapter 114, Control 

of Air Pollution from Motor Vehicles. 

These revisions establish the Rebate 

Grant Process and Texas Clean School 

Bus Program, and amend the TERP and 

Locally Enforced Motor Vehicle Idling 

Limitations. The revisions are consistent 

with section 110(1) of the Act. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 8, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See Section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental Relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: March 24, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under Chapter 

114 (Reg 4) as follows: 

■ a. Under Subchapter J, Division 2, by 

revising the entries for sections 114.512 

and 114.517; 

■ b. Under Subchapter K, Division 3, by 

revising the entries for sections 114.620 

and 114.622, and adding a new entry for 

section 114.624; 

■ c. Under Subchapter K, immediately 

following section 114.629, by adding a 

new centered heading ‘‘Division 4: 

Texas Clean School Bus Program,’’ 

followed by new entries for sections 

114.640, 114.642, 114.644, 114.646 and 

114.648. 

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 114 (Reg 4)—Control of Air Pollution from Motor Vehicles 


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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 18067 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/Subject 

State 

approval/ 

Submittal date 

EPA approval date Explanation 

* * * * * * * 

Subchapter J—Operational Controls for Motor Vehicles 

Division 2: Locally Enforced Motor Vehicle Idling Limitations 

* * * * * * * 

Section 114.512 ........ Control Requirements for Motor Vehicle Idling.1/30/2008 4/9/2010 ..............................................

[Insert FR page number where document begins].

Not in SIP: 

114.512(b). 

Section 114.517 ........ Exemptions ......................................... 1/30/2008 4/9/2010 ..............................................

[Insert FR page number where document begins].

Not in SIP: 

114.517(12). 

Subchapter K—Mobile Source Incentive Programs 

Division 3: Diesel Emission Reduction Incentive Program for On-road and Non-road Vehicles 

Section 114.620 ........ Definitions ........................................... 9/20/2006 4/9/2010 ..............................................

[Insert FR page number where document begins].

* * * * * * * 

Section 114.622 ........ Incentive Program Requirements ....... 12/5/2007 4/9/2010 ..............................................

[Insert FR page number where document begins].

* * * * * * * 

Section 114.624 ........ Rebate Grant Process ........................ 9/20/2006 4/9/2010 ..............................................

[Insert FR page number where document begins].

* * * * * * * 

Division 4: Texas Clean School Bus Program 

Section 114.640 ........ Definitions ........................................... 9/20/2006 4/9/2010 ..............................................

[Insert FR page number where document begins].

Section 114.642 ........ Applicability ......................................... 9/20/2006 4/9/2010 ..............................................

[Insert FR page number where document begins].

Section 114.644 ........ Clean School Bus Program Requirements.9/20/2006 4/9/2010 ..............................................

[Insert FR page number where document begins].

Section 114.646 ........ Monitoring, Recordkeeping, and Reporting Requirements.9/20/2006 4/9/2010 ..............................................

[Insert FR page number where document begins].

Section 114.648 ........ Implementation Schedule ................... 9/20/2006 4/9/2010 ..............................................

[Insert FR page number where document begins].

* * * * * * * 


srobinson on DSKHWCL6B1PROD with RULES
18068 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations 

[FR Doc. 2010–8005 Filed 4–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0045; FRL–9124–5] 

Revisions to the California State 

Implementation Plan, Sacramento 

Metropolitan Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

operations associated with graphic arts 

coating, can coating, degreasing, and 

wood products coating. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on June 8, 

2010 without further notice, unless EPA 

receives adverse comments by May 10, 

2010. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number [EPA–R09– 

OAR–2010–0045], by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What Rules Did the State Submit? 

B. Are There Other Versions of These 

Rules? 

C. What Is the Purpose of the Submitted 

Rules or Rule Revisions? 

II. EPA’s Evaluation and Action 

A. How Is EPA Evaluating the Rules? 

B. Do the Rules Meet the Evaluation 

Criteria? 

C. EPA Recommendations to Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What Rules Did the State Submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted 

SMAQMD ............... 450 Graphic Arts ............................................................................................................ 10/23/08 04/29/09 

SMAQMD ............... 452 Can Coating ............................................................................................................ 09/25/08 09/15/09 

SMAQMD ............... 454 Degreasing Operations ........................................................................................... 09/25/08 09/15/09 

SMAQMD ............... 463 Wood Products Coatings ........................................................................................ 09/25/08 09/15/09 

On July 20, 2009 and on January 21, 

2010, EPA determined that the 

submittal for SMAQMD Rule 450 and 

SMAQMD Rules 452, 454, and 463, met 

the completeness criteria in 40 CFR Part 

51 Appendix V, which must be met 

before formal EPA review. 

B. Are There Other Versions of These 

Rules? 

There are no previous versions of 

Rule 463 in the SIP, although SMAQMD 

adopted earlier versions of this rule on 

September 5, 1996 and December 5, 

1996, and CARB submitted them to us 

on May 18, 1998. We approved earlier 

versions of Rule 450 into the SIP on 

November 13, 1998 (63 FR 63410), Rule 

452 into the SIP on November 9, 1998 

(63 FR 60214), and Rule 454 into the SIP 

on April 2, 1999 (64 FR 15922). The 

SMAQMD adopted revisions to the SIPapproved versions of Rule 450 and Rule 

454 on October 23, 2008 and September 

25, 2008 and CARB submitted them to 

us on April 29, 2009 and September 15, 

2009. While we can act on only the most 

recently submitted version, we have 

reviewed materials provided with 

previous submittals. 

C. What Is the Purpose of the Submitted 

Rules or Rule Revisions? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. The revised Rules 450, 452, 

and 463 strengthen VOC limits on 

graphic arts materials, can coatings, and 

wood coatings. Rule 454 limits VOC 


srobinson on DSKHWCL6B1PROD with RULES