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

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.

(B) 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, 3–2–190, 3–2–195, 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.

(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

79746 Federal Register / Vol. 65, No. 245 / Wednesday, December 20, 2000 / Rules and Regulations

plants and terminals on September 5,

2000 (65 FR 53595), the sections

115.213–115.217 that we approved were

inadvertently not codified. Today, we

are codifying those sections.

2. What Is a Reasonably Available

Control Technology (RACT)?

Section 172(c)(1) of the Act contains

general requirements for States to

implement RACT in areas that do not

meet the NAAQS. Section 182(b)(2) of

the Act contains more specific

requirements for moderate and above

ozone nonattainment areas. The EPA

has defined RACT as the lowest

emission limitation that a particular

source is capable of meeting by the

application of control technology that is

reasonably available, considering

technological and economic feasibility.

See 44 FR 53761 (September 17, 1979).

RACT is required for major sources in

ozone nonattainment areas and for

minor sources where EPA has issued a

Control Technique Guideline.

3. Why Do We Regulate Volatile

Organic Compounds (VOCs)?

Oxygen in the atmosphere reacts with

VOCs and Oxides of Nitrogen to form

ozone, a key component of urban smog.

Inhaling even low levels of ozone can

trigger a variety of health problems

including chest pains, coughing, nausea,

throat irritation, and congestion. It also

can worsen bronchitis and asthma.

Exposure to ozone can also reduce lung

capacity in healthy adults.

4. What Is a Volatile Organic

Compound (VOC)?

Volatile Organic Compound is a term

used to describe a class of chemicals

that react in the atmosphere in the

presence of sunlight to form ozone.

Sources include vehicle exhaust,

gasoline vapors, oil-based paints and

industrial operations. A regulatory

definition of Volatile Organic

Compounds can be found at 40 CFR

51.100(s). The definition in Texas can

be found in 30 TAC 115.10.

5. What Do the Industrial Wastewater

Rules Require?

The wastewater from SOCMI facilities

can contain significant quantities of

VOC. These VOCs can enter the air

when wastewater comes in contact with

the atmosphere in junction boxes,

holding ponds or open tanks. The Texas

rules for the Houston/Galveston and

Beaumont/Port Arthur areas require that

90 percent of the VOCs be removed from

a wastewater stream before the

wastewater is exposed to the air.

Streams that contain more than 1000

ppm VOC are subject to the 90%

removal requirement. The wastewater

rules apply in Hardin, Jefferson and

Orange counties in the Beaumont/Port

Arthur area; Harris, Brazoria, Galveston,

Liberty, Chambers, Waller, Montgomery,

and Fort Bend Counties in the Houston/

Galveston area.

In Dallas, Tarrant, Collin and Denton

counties in the Dallas/Fort Worth area

and El Paso County in the El Paso area,

less stringent requirements that we had

previously given limited approval

continue in place. The EPA is

converting the limited approval of the

rules for Dallas/Fort Worth and El Paso

to full approval because there are no

major sources of VOCs from wastewater

in those areas. Therefore, RACT is not

required for this source category in

those areas. We approved the

determination by Texas that there are no

major sources of VOCs from wastewater

in the Dallas/Fort Worth and El Paso

areas (a negative declaration) on October

30, 1996 (61 FR 55897). The negative

declaration is still acceptable for the

Dallas/Fort Worth area although the

definition of a ‘‘major source’’ changed

from 100 tons per year to 50 tons per

year when we reclassified the area from

moderate to serious. For a complete

description of our review of the

industrial wastewater rules see the TSD

for this document.

6. What Do the Batch Processing Rules

Require?

Batch Processes are those processes

characterized by non-steady state

conditions. Products are used to make

pharmaceuticals and specialty

chemicals. The products are made in

batches rather than continuously. They

generate emissions from vents from

reactors and process vessels.

The rules require that the emissions

from the vents be reduced by 90%.

Vents can be exempted from control

based on the volumetric flow rate of the

gas stream and the mass flow rate of the

VOCs. The rules include equations that

allow vent streams to be considered

separately and in combination to

determine whether it is cost effective to

control the vents. The rule envisions

that several vent streams could be

routed together to a common control

device if in combination the streams are

cost effective to control. If based on the

equations, control of a stream is not

found to be cost effective, either

individually or combined with other

streams in the batch process the stream

is exempted from control.

The rules apply in the Hardin,

Jefferson and Orange Counties in the

Beaumont/Port Arthur nonattainment

area. For a complete description of our

review of the batch processing rules see

the Technical Support Document for

this action.

7. What Is Required by the Revisions to

the Vapor Recovery Rules for Gasoline

Service Stations?

The rules would require capturing the

vapors from the gasoline station storage

tanks as tank-trucks fill these tanks,

returning the vapors to the tank-truck.

This is commonly known as Stage I

vapor recovery. The tank-truck then

carries the vapors back to the bulk

gasoline plant or terminal. To insure the

vapors are not lost in transit, the Texas

rules also include requirements that the

gasoline tank-trucks be tested for vapor

tightness. We are approving the vapor

recovery requirements and the vapor

tightness requirements.

Separate rules call for the capture and

control of the vapors at bulk gasoline

plants and terminals. We have reviewed

the requirements for bulk gasoline

plants and terminals and approved them

in a separate Federal Register (see 65 FR

53595). In the previous approval action,

however, we inadvertently omitted

several sections from the codification

table identifying the approved rules. We

are codifying these sections to clarify

which sections are approved. These

sections are 30 TAC 115.213–115.217.

The Stage I rules have been in place

for many years in the Dallas/Fort Worth,

El Paso, Houston/Galveston and

Beaumont/Port Arthur areas. The Texas

rules expand the requirement to the

larger gas stations in 95 additional

counties in the eastern half of the State.

The rules apply to service stations with

a throughput greater than 125,000

gallons/month.

These counties are: Anderson,

Angelina, Aransas, Atascosa, Austin,

Bastrop, Bee, Bell, Bexar, Bosque,

Bowie, Brazos, Burleson, Caldwell,

Calhoun, Camp, Cass, Cherokee,

Colorado, Comal, Cooke, Coryell, De

Witt, Delta, Ellis, Falls, Fannin, Fayette,

Franklin, Freestone, Goliad, Gonzales,

Grayson, Gregg, Grimes, Guadalupe,

Harrison, Hays, Henderson, Hill, Hood,

Hopkins, Houston, Hunt, Jackson,

Jasper, Johnson, Karnes, Kaufman,

Lamar, Lavaca, Lee, Leon, Limestone,

Live Oak, Madison, Marion, Matagorda,

McLennan, Milam, Morris,

Nacogdoches, Navarro, Newton, Nueces,

Panola, Parker, Polk, Rains, Red River,

Refugio, Robertson, Rockwall, Rusk,

Sabine, San Jacinto, San Patricio, San

Augustine, Shelby, Smith, Somervell,

Titus, Travis, Trinity, Tyler, Upshur,

Van Zandt, Victoria, Walker,

Washington, Wharton, Williamson,

Wilson, Wise, and Wood.

These rules are designed to reduce

overall background levels of ozone in

Federal Register / Vol. 65, No. 245 / Wednesday, December 20, 2000 / Rules and Regulations 79747

the eastern portion of Texas. TNRCC has

included these reductions in its

attainment plans for Houston/Galveston,

Beaumont/Port Arthur and Dallas/Fort

Worth. In addition, the rules will help

other areas such as Austin and San

Antonio maintain attainment of the onehour ozone standard.

Our Regional office developed a

Federal Implementation Plan (FIP) (40

CFR 52.2285) for Bexar County, and

certain counties in central and east

Texas, in the mid-1970s. The FIP

applied to service stations with a storage

capacity greater than or equal to 1000

gallons. The Texas rules that we are

approving as a revision to the Texas SIP

set exemption levels based on

throughput, not storage capacity. Upon

the effective date of our approval of

sections 115.222–115.229, affected

sources will only need to comply with

the State’s SIP-approved VOC rules and

not our FIP VOC rule. The affected

sources are service stations with a

throughput greater than 125,000 gallons

per month.

The FIP requirements will remain in

place for service stations with a storage

capacity greater than or equal to 1000

gallons and a throughput less than

125,000 gallons per month. The affected

counties are: Bexar, Comal, Ellis,

Guadalupe, Hood, Johnson, Kaufman,

Matagorda, Parker, Rockwall, and Wise.

8. What Is a State Implementation Plan

(SIP)?

Section 110 of the Act requires States

to develop air pollution regulations and

control strategies to ensure that State air

quality meets the NAAQS that EPA has

established. Under section 109 of the

Act, EPA established the NAAQS to

protect public health. The NAAQS

address six criteria pollutants. These

criteria pollutants are: carbon

monoxide, nitrogen dioxide, ozone,

lead, particulate matter, and sulfur

dioxide.

Each State must submit these

regulations and control strategies to us

for approval and incorporation into the

federally enforceable SIP. Each State has

a SIP designed to protect air quality.

These SIPs can be extensive, containing

State regulations or other enforceable

documents and supporting information

such as emission inventories,

monitoring networks, and modeling

demonstrations.

9. What Is the Federal Approval

Process for a SIP?

When a State wants to incorporate its

regulations into the federally

enforceable SIP, the State must formally

adopt the regulations and control

strategies consistent with State and

Federal requirements. This process

includes a public notice, a public

hearing, a public comment period, and

a formal adoption by a state-authorized

rulemaking body.

Once a State adopts a rule, regulation,

or control strategy, the State may submit

the adopted provisions to us and request

that we include these provisions in the

federally enforceable SIP. We must then

decide on an appropriate Federal action,

provide public notice on this action,

and seek additional public comment

regarding this action. If we receive

adverse comments, we must address

them prior to a final action.

Under section 110 of the Act, when

we approve a State’s regulation(s) and

supporting information, those State

regulation(s) and supporting

information become a part of the

federally approved SIP. You can find

records of these SIP actions in the Code

of Federal Regulations at title 40, part

52, entitled ‘‘Approval and

Promulgation of Implementation Plans.’’

The actual State regulations that we

approved are not reproduced in their

entirety in the CFR but are

‘‘incorporated by reference,’’ which

means that we have approved a given

State regulation with a specific effective

date.

10. What Does Federal Approval of a

SIP Mean to Me?

A State may enforce State regulations

before and after we incorporate those

regulations into a federally approved

SIP. After we incorporate those

regulations into a federally approved

SIP, both EPA and the public may also

take enforcement action against

violators of these regulations.

The EPA is publishing this rule

without prior proposal because we view

this as a noncontroversial amendment

and anticipate no adverse comments.

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register

publication, we are publishing a

separate document that will serve as the

proposal to approve the SIP revision if

adverse comments are received. This

rule will be effective on February 20,

2001 without further notice unless we

receive adverse comment by January 19,

2001. If EPA receives 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 at

this time.

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

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 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 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. The rule does not involve special

consideration of environmental justice

related issues as required by Executive

Order 12898 (59 FR 7629, February

16,1994). As required by section 3 of

Executive Order 12988 (61 FR 4729,

79748 Federal Register / Vol. 65, No. 245 / Wednesday, December 20, 2000 / Rules and Regulations

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. The 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. The 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). This rule will be effective

February 20, 2001 unless EPA receives

adverse written comments by January

19, 2001.

Under section 307(b)(1) of the 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) of the Act.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide,

Nitrogen oxides, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: November 3, 2000.

Myron O. Knudson,

Acting Regional Administrator, Region 6.

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 SS—Texas

2. In § 52.2270 the table in paragraph

(c) is amended under Chapter 115 as

follows:

a. By removing the entries for

‘‘Section 115.010’’ and ‘‘Section 115.010

Table I’’ and adding in their place a new

entry for Section 115.10;

b. By removing the entry for ‘‘Section

115.140 to 115.149’’ and adding in its

place ‘‘Division 4: Industrial

Wastewater’’ and individual entries for

Sections 115.140 and Sections 115.142

through 115.149;

c. By adding new ‘‘Division 6: Batch

Processes’’ and individual entries for

Sections 115.160 through 115.167 and

115.169 under Subchapter B;

d. By adding individual entries for

Section 115.213 through 115.217;

e. By removing the entry for ‘‘Section

115.221 to 115 .229’’ and adding in its

place ‘‘Division 2: Filling of Gasoline

Storage Vessels (Stage I) for Motor

Vehicle Fuel Dispensing Facilities’’ and

individual entries for Sections 115.222

through 115.227 and 115.229;

f. By removing the entry for ‘‘Section

115.234 to 115.239’’ and adding in its

place ‘‘Division 3: Control of Volatile

Organic Leaks from Transport Vessels’’

and individual entries for Sections

115.234 through 115.237 and 115.239.

§ 52.2270 Identification of plan.

* * * * *

(c) * * *

Federal Register / Vol. 65, No. 245 / Wednesday, December 20, 2000 / Rules and Regulations 79749

EPA APPROVED REGULATIONS IN THE TEXAS SIP

State citation Title/Subject State submittal/adoption date EPA approval

date Explanation

*******

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

Subchapter A—Definitions

Section 115.10 ........................ Definitions .............................. June 30, 1999 ........................ 12/20/00

Subchapter B—General Volatile Organic Compound Sources

*******

Division 4: Industrial Wastewater

Section 115.140 ...................... Industrial Wastewater Definitions.October 27, 1999 ................... 12/20/00

Section 115.142 ...................... Control Requirements ............ October 27, 1999 ................... 12/20/00

Section 115.143 ...................... Alternate Control Requirements.October 27, 1999 ................... 12/20/00

Section 115.144 ...................... Inspection and Monitoring Requirements.October 27, 1999 ................... 12/20/00

Section 115.145 ...................... Approved Test Methods ........ October 27, 1999 ................... 12/20/00

Section 115.146 ...................... Recordkeeping Requirements October 27, 1999 ................... 12/20/00

Section 115.147 ...................... Exemptions ............................ October 27, 1999 ................... 12/20/00

Section 115.148 ...................... Determination of Wastewater

Characteristics.

October 27, 1999 ................... 12/20/00

Section 115.149 ...................... Counties and Compliance

Schedule.

October 27, 1999 ................... 12/20/00

*******

Division 6: Batch Processes

Section 115.160 ...................... Batch Process Definitions ...... October 27, 1999 ................... 12/20/00

Section 115.161 ...................... Applicability ............................ October 27, 1999 ................... 12/20/00

Section 115.162 ...................... Applicability ............................ October 27, 1999 ................... 12/20/00

Section 115.163 ...................... Alternate Control Requirements.

October 27, 1999 ................... 12/20/00

Section 115.164 ...................... Determination of Emission

and Flow Rates.

October 27, 1999 ................... 12/20/00

Section 115.165 ...................... Approved Test Methods and

Testing Requirements.

October 27, 1999 ................... 12/20/00

Section 115.166 ...................... Monitoring and Recordkeeping Requirements.October 27, 1999 ................... 12/20/00

Section 115.167 ...................... Exemptions ............................ October 27, 1999 ................... 12/20/00

Section 115.169 ...................... Counties and Compliance

Schedules.

October 27, 1999 ................... 12/20/00

Subchapter C—Volatile Organic Compound Transfer Operations

*******

Section 115.213 ...................... Alternate Control Requirements.June 30, 1999 ........................ 12/20/00

Section 115.214 ...................... Inspection Requirements ....... June 30, 1999 ........................ 12/20/00

Section 115.215 ...................... Approved Test Methods ........ June 30, 1999 ........................ 12/20/00

Section 115.216 ...................... Monitoring and Recordkeeping Requirements.June 30, 1999 ........................ 12/20/00

Section 115.217 ...................... Exemptions ............................ June 30, 1999 ........................ 12/20/00

*******

Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities

Section 115.222 ...................... Control Requirements ............ June 30, 1999 ........................ 12/20/00

Section 115.223 ...................... Alternative Control Requirements.June 30, 1999 ........................ 12/20/00

Section 115.224 ...................... Inspection Requirements ....... June 30, 1999 ........................ 12/20/00

Section 115.225 ...................... Testing Requirements ............ June 30, 1999 ........................ 12/20/00

Section 115.226 ...................... Recordkeeping Requirements June 30, 1999 ........................ 12/20/00

Section 115.227 ...................... Exemptions ............................ June 30, 1999 ........................ 12/00/00

79750 Federal Register / Vol. 65, No. 245 / Wednesday, December 20, 2000 / Rules and Regulations

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued

State citation Title/Subject State submittal/adoption date EPA approval

date Explanation

Section 115.229 ...................... Counties and Compliance

Schedule.

June 30, 1999 ........................ 12/20/00

*******

Division 3: Control of Volatile Organic Leaks from Transport Vessels

Section 115.234 ...................... Inspection Requirements ....... June 30, 1999 ........................ 12/20/00

Section 115.235 ...................... Approved Test Methods ........ June 30, 1999 ........................ 12/20/00

Section 115.236 ...................... Recordkeeping Requirements June 30, 1999 ........................ 12/20/00

Section 115.237 ...................... Exemptions. ........................... June 30, 1999 ........................ 12/20/00

Section 115.239 ...................... Counties and Compliance

Schedules.

June 30, 1999 ........................ 12/20/00

*******

[FR Doc. 00–31189 Filed 12–19–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CO–001–0043a; FRL–6875–6]

Approval of Air Quality Implementation

Plan Revisions and Section 112(l)

Program; Colorado; Issuance of

Permits To Limit Potential To Emit

Criteria and Hazardous Air Pollutants

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to Colorado’s construction

permit requirements in Regulation No. 3

and hazardous air pollutant

requirements in Regulation No. 8 of the

State Air Quality Control Commission

(AQCC) regulations, regarding permits

to limit potential to emit criteria and

hazardous air pollutants (HAPs). These

revisions were submitted to EPA on

April 26, 1996. Colorado submitted

these revisions to create federally

enforceable limits on criteria pollutants

and HAPs, for both new and existing

sources, through the State’s construction

permit program. EPA is approving the

revisions to Regulation No. 3 regarding

criteria pollutants as part of Colorado’s

state implementation plan (SIP) under

section 110 of the Clean Air Act (CAA).

SIP approval under section 110 of the

CAA, however, only extends to the

control of HAPs that are criteria

pollutants, such as volatile organic

compounds or particulate matter,

whereas section 112 of the CAA

provides the underlying authority for

controlling all HAPs listed in section

112(b) of the CAA. Therefore, the EPA

is also approving the revisions to

Regulation No. 3 and Regulation No. 8

under section 112(l) of the CAA.

DATES: This direct final rule is effective

on February 20, 2001 without further

notice, unless EPA receives adverse

comments by January 19, 2001. If

adverse comments are received, EPA

will publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments may be

mailed to Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, Environmental Protection Agency

(EPA), Region VIII, 999 18th Street,

Suite 300, Denver, Colorado 80202.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air and Radiation Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 300,

Denver, Colorado, 80202. Copies of the

State documents relevant to this action

are also available for public inspection

at the Colorado Department of Public

Health and Environment, Air Pollution

Control Division, 4300 Cherry Creek

Drive South, Denver, Colorado 80246–

1530.

FOR FURTHER INFORMATION CONTACT:

Megan Williams, EPA, Region VIII, (303)

312–6431.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean

the Environmental Protection Agency.

Table of Contents

I. Background Information

A. What Action is EPA Taking?

B. What Are the Procedural Requirements

Colorado Must Follow for EPA

Approval?

C. What Was Included in Colorado’s

Submittal?

D. Why is EPA Approving These Revisions

to Regulation No. 3 and Regulation No.

8?

II. Final Action

III. Administrative Requirements

I. Background Information

A. What Action Is EPA Taking?

In this action, we are approving

Colorado’s revisions to AQCC

Regulations No. 3 and 8 regarding

permits to limit potential to emit criteria

and hazardous air pollutants. We are

approving, under section 112(l) of the

CAA, the provisions in Regulations No.

3 and 8 that pertain to limiting potential

to emit HAPs. We are also approving,

under section 110 of the CAA, the

revisions to Colorado’s construction

permit rules in Regulation No. 3 that

provide for limiting potential to emit

criteria pollutants.

B. What Are the Procedural

Requirements Colorado Must Follow for

EPA Approval?

Section 110(k) of the CAA authorizes

our action on a submission of SIP

revisions. The CAA also requires that

States observe certain procedural

requirements in developing SIP

revisions for submittal to EPA. Section

110(a)(2) of the CAA requires that the

State adopt each SIP revision after

reasonable notice and public hearing.

Colorado held a public hearing on the

proposed rule changes on March 16,

1995, continued on May 18, 1995. The

changes were adopted by the AQCC

directly after the May 18, 1995 hearing

and were formally submitted to EPA by

the Governor on April 26, 1996. We

reviewed the submission against our

completeness criteria in 40 CFR part 51,

appendix V. We determined the

submission was complete and notified

the State in a letter dated July 3, 1996.