Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58321 

State citation Title/subject State effective 

date EPA approval date Additional explanation/ § 52.2063 citation 

Appendix A ............................. Acceleration Simulation 

Mode: Pennsylvania Procedures, Standards, Equipment Specifications and 

Quality Control Requirements.

11/22/03 10/6/05 [Insert page number 

where the document begins] 

Replaces previous Appendix 

A. 

Appendix B ............................. Department Procedures and 

Specifications.

11/22/03 10/6/05 [Insert page number 

where the document begins] 

Replaces previous Appendix 

B. 

* * * * * 

[FR Doc. 05–20003 Filed 10–5–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TN–200507; FRL–7972–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Nashville-Davidson County; Revised 

Format for Materials Being 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is revising the format of 

part 52 of Title 40 of the Code of Federal 

Regulations (40 CFR part 52) for 

materials submitted by NashvilleDavidson County that are incorporated 

by reference (IBR) into the State 

Implementation Plan (SIP). The 

regulations affected by this format 

change have all been previously 

submitted by the local agency and 

approved by EPA. 

This format revision will affect the 

‘‘Identification of Plan’’ sections of 40 

CFR part 52, by adding a table for the 

Nashville-Davidson portion of the 

Tennessee SIP. This revision will also 

affect the format of the SIP materials 

that will be available for public 

inspection at the Office of the Federal 

Register (OFR), the Air and Radiation 

Docket and Information Center, and the 

Regional Office. 

DATES: This action is effective October 

6, 2005. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: EPA, Region 4, 

61 Forsyth Street, SW., Atlanta, GA 

30303; the EPA, Air and Radiation 

Docket and Information Center, Air 

Docket (Mail Code 6102T), 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, and the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal

_regulations/ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy DiFrank at the above Region 4 

address or at (404) 562–9042. Email: 

difrank.stacy@epa.gov. 

SUPPLEMENTARY INFORMATION: Each state 

has a SIP containing the control 

measures and strategies used to attain 

and maintain the national ambient air 

quality standards (NAAQS). The SIP is 

extensive, containing such elements as 

air pollution control regulations, 

emission inventories, monitoring 

networks, attainment demonstrations, 

and enforcement mechanisms. 

Each state must formally adopt the 

control measures and strategies in the 

SIP after the public has had an 

opportunity to comment on them and 

then submit the SIP to EPA. Once these 

control measures and strategies are 

approved by EPA, after notice and 

comment, they are incorporated into the 

federally approved SIP and are 

identified in 40 CFR part 52 ‘‘Approval 

and Promulgation of Implementation 

Plans.’’ The full text of the state 

regulation approved by EPA is not 

reproduced in its entirety in 40 CFR part 

52, but is ‘‘incorporated by reference.’’

This means that EPA has approved a 

given state regulation with a specific 

effective date. The public is referred to 

the location of the full text version 

should they want to know which 

measures are contained in a given SIP. 

The information provided allows EPA 

and the public to monitor the extent to 

which a state implements a SIP to attain 

and maintain the NAAQS and to take 

enforcement action if necessary. 

The SIP is a living document which 

the state can revise as necessary to 

address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations as being part of the 

SIP. On May 22, 1997, (62 FR 27968), 

EPA revised the procedures for IBR into 

the Code of Federal Regulations, 

materials submitted by states in their 

EPA-approved SIP revisions. These 

changes revised the format for the 

identification of the SIP in 40 CFR part 

52, streamlined the mechanisms for 

announcing EPA approval of revisions 

to a SIP, and streamlined the 

mechanisms for EPA’s updating of the 

IBR information contained for each SIP 

in 40 CFR part 52. Pursuant to these 

revised procedures, EPA is revising the 

format for the identification of the 

Nashville-Davidson County portion of 

the Tennessee SIP, appearing in 40 CFR 

part 52. EPA has previously revised the 

format for the identification of the 

Tennessee SIP and the Memphis Shelby 

County, Knox County and Chattanooga 

portions of the SIP. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with 

public participation, and APA section 

553(d)(3) which allows an agency to 

make an action effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s administrative action 

simply codifies provisions which are 

already in effect as a matter of law in 

Federal and approved state programs. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment for this 

administrative action is ‘‘unnecessary’’

and ‘‘contrary to the public interest’’

since the codification only reflects 

existing law. Immediate notice of this 

action in the Federal Register benefits 

the public by providing the public 

notice of the Nashville-Davidson County 

portion of the Tennessee SIP in 

Tennessee’s ‘‘Identification of Plan’’

portion of the Federal Register. 

58322 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

Statutory and Executive Order Reviews 

A. General Requirement 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 

administrative action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to review by the 

Office of Management and Budget. This 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the Agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute as indicated in the 

Supplementary Information section 

above, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C 601 et seq.), or 

to sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. This administrative action also 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This administrative 

action also is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant. This administrative action 

does not involve technical standards; 

thus the requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This 

administrative action also does not 

involve special consideration of 

environmental justice related issues as 

required by Executive Order 12898 (59 

FR 7629, February 16, 1994). This 

administrative action does not impose 

an information collection burden under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). EPA’s 

compliance with these Statutes and 

Executive Orders for the underlying 

rules are discussed in previous actions 

taken on Nashville-Davidson County, 

Tennessee’s rules. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (CRA) 

(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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s administrative action 

simply codifies provisions which are 

already in effect as a matter of law in 

Federal and approved State programs. 5 

U.S.C. 808(2). These announced actions 

were effective when EPA approved 

them through previous rulemaking 

actions. 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 this action 

in the Federal Register. This revision to 

Nashville-Davidson’s portion of the 

Tennessee SIP in the ‘‘Identification of 

Plan’’ section of 40 CFR part 52 is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. This action is simply an 

announcement of prior rulemakings that 

have previously undergone notice-andcomment rulemaking. Prior EPA 

rulemaking actions for each individual 

component of the Nashville-Davidson 

portion of the Tennessee SIP previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 8, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. Section 52.2220 is amended by: 

■ A. Revising paragraph (b), and 

■ B. Adding table 5 in paragraph (c) for 

Nashville-Davidson County, ‘‘EPA 

Approved Nashville-Davidson County 

Regulations’’ to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(b) Incorporation by reference. 

(1) Material listed in paragraph (c) of 

this section with an EPA approval date 

prior to December 1, 1998, for 

Tennessee (Table 1, the Tennessee State 

Implementation Plan), January 1, 2003 

for Memphis Shelby County (Table 2, 

the Memphis Shelby County portion of 

the Tennessee State Implementation 

Plan), March 1, 2005, for Knox County 

(Table 3, the Knox County portion of the 

Tennessee State Implementation Plan), 

April 1, 2005 for Chattanooga, 

Tennessee (Table 4, the Chattanooga 

portion of the Tennessee State 

Implementation Plan), April 1, 2005, for 

Nashville-Davidson County (Table 5, the 

Nashville-Davidson County portion of 

the Tennessee State Implementation 

Plan) and paragraph (d) of this section 

with an EPA approval date prior to 

December 1, 1998, was approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Material is incorporated as 

it exists on the date of the approval, and 

notice of any change in the material will 

be published in the Federal Register. 

Entries in paragraph (c) of this section 

with EPA approval dates after December 

1, 1998, for Tennessee (Table 1, the 

Tennessee State Implementation Plan), 

January 1, 2003 for Memphis Shelby 

County (Table 2, the Memphis Shelby 

County portion of the Tennessee State 

Implementation Plan), March 1, 2005, 

for Knox County (Table 3, the Knox 

County portion of the Tennessee State 

Implementation Plan), April 1, 2005 for 

Chattanooga (Table 4, the Chattanooga 

portion of the Tennessee State 

Implementation Plan), April 1, 2005, for 

Nashville-Davidson County (Table 5, the 

Nashville-Davidson County portion of 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58323 

the Tennessee State Implementation 

Plan) and paragraph (d) of this section 

with an EPA approval date prior to 

December 1, 1998, will be incorporated 

by reference in the next update to the 

SIP compilation. 

(2) EPA Region 4 certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State rules/regulations 

which have been approved as part of the 

State implementation plan as of the 

dates referenced in paragraph (b)(1). 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Region 4 EPA Office at 

61 Forsyth Street, SW., Atlanta, GA 

30303; the EPA, Air and Radiation 

Docket and Information Center, Air 

Docket (Mail Code 6102T), 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460 and the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

TABLE 5.—EPA APPROVED NASHVILLE-DAVIDSON COUNTY, REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

Chapter 10.56. Air Pollution Control 

Section 10.56.010 .......... Definitions ............................................................. 03/12/97 12/31/98, 63 FR 72195

Article I. Administration and Enforcement 

Section 10.56.020 + ...... Construction Permits ............................................ 10/06/94 09/06/96, 61 FR 47057

Section 10.56.040 .......... Operating Permit .................................................. 12/14/95 05/30/97, 62 FR 29301

Section 10.56.050 .......... Exemptions ........................................................... 12/14/95 05/30/97, 62 FR 29301

Section 10.56.060 .......... Transferability of Permit ....................................... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.070 .......... Suspension or Revocation of Permit ................... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.080 .......... Permit and Annual Emission Fees ....................... 03/12/97 12/31/98, 63 FR 72195

Section 10.56.090 .......... Board—Powers and Duties .................................. 10/06/94 09/06/96, 61 FR 47057

Section 10.56.100 .......... Board—Consideration of Facts and Circumstances.10/06/94 09/06/96, 61 FR 47057

Section 10.56.110 .......... Rules and Regulations —Hearings Procedure .... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.120 .......... Complaint Notice—Hearings Procedure .............. 10/06/94 09/06/96, 61 FR 47057

Section 10.56.130 .......... Variances—Hearings Procedure .......................... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.140 .......... Emergency Measures—Hearings Procedure ....... 10/06/94 09/06/96, 61 FR 47057

Article II. Standards for Operation 

Section 10.56.160 .......... Ambient Air Quality Standards ............................. 03/12/97 12/31/98, 63 FR 72195

Section 10.56.170 .......... Emission of Gases, Vapors or Objectionable 

Odors.

10/06/94 09/06/96, 61 FR 47057

Section 10.56.180 .......... Laundry Operations—Dryer and Vent Pipe Requirements.10/06/94 09/06/96, 61 FR 47057.

Section 10.56.190 .......... Controlling Wind-Borne Materials ........................ 10/06/94 09/06/96, 61 FR 47057

Section 10.56.200 .......... Sale, Use or Consumption of Solid and Liquid 

Fuels.

10/06/94 09/06/96, 61 FR 47057

Section 10.56.220 .......... Fuel-Burning Equipment ....................................... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.230 .......... Incinerators ........................................................... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.240 .......... Internal Combustion Engines ............................... 12/14/95 05/30/97, 62 FR 29301

Section 10.56.250 .......... Open Burning ....................................................... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.260 .......... Process Emissions ............................................... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.270 .......... Visible Emissions ................................................. 10/06/94 09/06/96, 61 FR 47057

Section 10.56.280 .......... Start-ups, Shutdowns and Malfunctions .............. 03/12/97 12/31/98, 63 FR 72195

Section 10.56.290 .......... Measurement and Reporting of Emissions .......... 10/06/94 09/06/96, 61 FR 47057

Section 10.56.300 .......... Testing Procedures .............................................. 10/06/94 09/06/96, 61 FR 47057

Section 10.56.310 .......... Severability ........................................................... 10/06/94 09/06/96, 61 FR 47057

Regulation No. 1 ............ Prevention, Abatement and Control of Air Control 

Contaminants from Open Burning.

06/28/79 08/13/80, 45 FR 53810.

Regulation No. 2 ............ Prevention, Abatement and Control of Air Contaminants from Materials Subject to Becoming 

Windborne.

06/28/79 08/13/80, 45 FR 53810.

Regulation No. 3 ............ New Source Review.

Section 3–1 .................... Definitions ............................................................. 11/13/96 06/17/97, 62 FR 32688.

Section 3–2 .................... Registration and Permits ...................................... 11/13/96 06/17/97, 62 FR 32688.

Section 3–3 .................... Prevention of Significant Deterioration (PSD) Review.11/13/96 06/17/97, 62 FR 32688.

Regulation No. 6 ............ Emission Monitoring of Stationary Sources.

Section 6.1 ..................... Definitions ............................................................. 05/22/77 03/22/78, 43 FR 11819.

Section 6.2 ..................... Monitoring of Emissions ....................................... 05/22/77 03/22/78, 43 FR 11819.

Section 6.3 ..................... Equipment Specifications ..................................... 05/22/77 03/22/78, 43 FR 11819.

Section 6.4 ..................... Monitoring System Malfunction ............................ 05/22/77 03/22/78, 43 FR 11819.

Section 6.5 ..................... Recording and Reporting ..................................... 05/22/77 03/22/78, 43 FR 11819.

Section 6.6 ..................... Data Reduction ..................................................... 05/22/77 03/22/78, 43 FR 11819.

Regulation No. 7 ............ Regulation for Control of Volatile Organic Compounds.

58324 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

TABLE 5.—EPA APPROVED NASHVILLE-DAVIDSON COUNTY, REGULATIONS—Continued 

State citation Title/subject State effective date EPA approval date Explanation 

Section 7–1 .................... Definitions ............................................................. 11/13/96 06/17/97, 62 FR 32688.

Section 7–2 .................... General Provisions and Applicability .................... 11/13/96 06/17/97, 62 FR 32688.

Section 7–3 .................... Petition for Alternative Controls ........................... 12/10/91 06/26/92, 57 FR 28625.

Section 7–4 .................... Compliance Certification, Recordkeeping and 

Reporting Requirements.

11/13/96 06/17/97, 62 FR 32688.

Section 7–5 .................... Emission Standards for Coil Coating ................... 11/13/96 06/17/97, 62 FR 32688.

Section 7–6 .................... Emission Standards for Paper Coating ................ 11/13/96 06/17/97, 62 FR 32688.

Section 7–7 .................... Emission Standards for Fabric and Vinyl Coating 11/13/96 06/17/97, 62 FR 32688.

Section 7–8 .................... Emission Standards for Metal Furniture Coating 11/13/96 06/17/97, 62 FR 32688.

Section 7–9 .................... Emission Standards for Surface Coating of Large 

Appliances.

11/13/96 06/17/97, 62 FR 32688.

Section 7–10 .................. Petroleum Liquid Storage ..................................... 11/13/96 06/17/97, 62 FR 32688.

Section 7–11 .................. Bulk Gasoline Plants ............................................ 12/10/91 06/26/92, 57 FR 28265.

Section 7–12 .................. Bulk Gasoline Terminals ...................................... 12/10/91 06/26/92, 57 FR 28265.

Section 7–13 .................. Gasoline Dispensing Facility, Stage 1 ................. 12/10/91 06/26/92, 57 FR 28265.

Section 7–14 .................. Solvent Metal Cleaning ........................................ 12/10/91 06/26/92, 57 FR 28265.

Section 7–15 .................. Prohibition of Cutback Asphalt ............................. 12/10/91 06/26/92, 57 FR 28265.

Section 7–16 .................. Emission Standards for Surface Coating of Miscellaneous Metal Parts and Products.07/09/97 10/08/98, 63 FR 54053.

Section 7–17 .................. Manufacture of Pneumatic Tires .......................... 11/13/96 06/17/97, 62 FR 32688.

Section 7–18 .................. Graphic Arts—Rotogravure and Flexography ...... 12/10/91 06/26/92, 57 FR 28265.

Section 7–20 .................. Petroleum Solvent Dry Cleaners .......................... 11/13/96 06/17/97, 62 FR 32688.

Section 7–21 .................. Volatile Organic Liquid Storage In External Floating Roof Tanks.11/13/96 06/17/97, 62 FR 32688.

Section 7–22 .................. Leaks from Synthetic Organic Chemical, Polymer, and Resin Manufacturing Equipment.11/13/96 06/17/97, 62 FR 32688.

Section 7–23 .................. Air Oxidation Processes in the Synthetic Organic 

Chemical Manufacturer’s Industry.

11/13/96 06/17/97, 62 FR 32688.

Section 7–24 .................. Test Methods and Procedures ............................. 11/13/96 06/17/97, 62 FR 32688.

Section 7–26 .................. Special Provisions for New Volatile Organic 

Compund Sources and Modifications.

11/13/96 06/17/97, 62 FR 32688.

Section 7–27 .................. Handling, Storage, Use, and Disposal of Volatile 

Organic Compounds (VOC).

11/13/96 06/17/97, 62 FR 32688.

Section 7–28 .................. Surface Coating of Plastic Parts .......................... 11/13/96 06/17/97, 62 FR 32688.

Regulation No. 8 ............ Regulation of Emissions from Light-Duty Motor 

Vehicles Through Mandatory Vehicle Inspection and Maintenance Program.

Section 8–1 .................... Definitions ............................................................. 10/04/94 07/28/95, 60 FR 28694.

Section 8–2 .................... Motor Vehicle Inspection Requirement ................ 10/04/94 07/28/95, 60 FR 28694.

Section 8–3 .................... Exemption from Motor Vehicle Inspection Equipment.10/04/94 07/28/95; 60 FR 28694.

Section 8–4 .................... Motor Vehicle Emission Performance Test Criteria.10/04/94 07/28/95, 60 FR 28694.

Section 8–5 .................... Motor Vehicle Anti-Tampering Test Criteria ......... 10/04/94 07/28/95, 60 FR 28694.

Section 8–6 .................... Motor Vehicle Emissions Performance Test 

Methods.

10/04/94 07/28/95, 60 FR 28694.

Section 8–7 .................... Motor Vehicle Safety Equipment Test Methods .. 10/04/94 07/28/95, 60 FR 28694.

Section 8–8 .................... Motor Vehicle Inspection Program ....................... 10/04/94 07/28/95, 60 FR 28694.

Section 8–9 .................... Motor Vehicle Inspection Fee .............................. 10/04/94 07/28/95, 60 FR 28694.

Section 8–10 .................. Severability ........................................................... 10/04/94 07/28/95, 60 FR 28694.

Regulation No. 10 .......... Infectious Waste Incinerators.

Section 10–1 .................. Definitions ............................................................. 10/06/94 09/06/96, 61 FR 47057.

Section 10–2 .................. Prohibited Act ....................................................... 10/06/94 09/06/96, 61 FR 47057.

Section 10–3 .................. Emission Standards ............................................. 10/06/94 09/06/96, 61 FR 47057.

Section 10–4 .................. Performance Specifications .................................. 10/06/94 09/06/96, 61 FR 47057.

Section 10–5 .................. Monitoring Requirements ..................................... 10/06/94 09/06/96, 61 FR 47057.

Section 10–6 .................. Compliance Schedule for Existing Infectious 

Waste Incinerators.

10/06/94 09/06/96, 61 FR 47057.

Section 10–7 .................. Testing Requirement ............................................ 10/06/94 09/06/96, 61 FR 47057.

Section 10–8 .................. Recordkeeping and Reporting Requirements ...... 10/06/94 09/06/96, 61 FR 47057.

Section 10–9 .................. Severability ........................................................... 10/06/94 09/06/96, 61 FR 47057.

Regulation No. 11 .......... Emergency Episode Regulation.

Section 11–1 .................. Episode Criteria .................................................... 11/13/96 06/17/97, 62 FR 32688.

Section 11–2 .................. Emission Reductions ............................................ 11/13/96 06/17/97, 62 FR 32688.

Regulation No. 14 .......... Regulation for Control of Nitrogen Oxides.

Section 14–1 .................. Definitions ............................................................. 08/10/93 06/29/96, 61 FR 39326.

Section 14–2 .................. Emission Standards ............................................. 08/10/93 06/29/96, 61 FR 39326.

Section 14–3 .................. Procedures for Determining RACT ...................... 08/10/93 06/29/96, 61 FR 39326.

Section 14–4 .................. Recordkeeping and Reporting Requirements ...... 08/10/93 06/29/96, 61 FR 39326.

Section 14–5 .................. Compliance Schedule .......................................... 08/10/93 06/29/96, 61 FR 39326.

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58325 

* * * * * 

[FR Doc. 05–20005 Filed 10–5–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R06–OAR–2005–TX–0020; FRL–7982–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Texas Low-Emission Diesel Fuel 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Texas making 

changes to the Texas Low-Emission 

Diesel (TXLED) Fuel program. With one 

exception, the changes are either 

administrative in nature, clarify existing 

provisions, add more specific reporting 

and recordkeeping requirements, or 

update references. These changes meet 

section 110(l) of the Federal Clean Air 

Act (the Act) because they improve the 

quality of the SIP and make it more 

enforceable. 

The more substantive change is the 

repeal of the state sulfur standard. This 

repeal being approved does not change 

the ultimate requirements regarding the 

reductions to be achieved because Texas 

did not rely upon the sulfur standard 

when EPA originally approved the 

program as part of the Houston ozone 

attainment demonstration SIP. Also, 

there are no sulfur dioxide (SO2) or 

particulate matter (PM) nonattainment 

areas in the affected area and no 

monitored violations. As a result, in 

accordance with section 110(l) of the 

Act, this removal will not interfere with 

attainment of the National Ambient Air 

Quality Standards (NAAQS), Rate of 

Progress, reasonable further progress or 

any other applicable requirement of the 

Act. Under section 553(d)(1) of the 

Administrative Procedure Act, EPA is 

making this action effective upon 

publication because it relieves a 

restriction. 

DATES: This rule is effective on October 

6, 2005. 

ADDRESSES: EPA has established a 

docket for this action under Regional 

Material in EDocket (RME) Docket ID 

No. R06–OAR–2005–TX–0020. All 

documents in the docket are listed in 

the Regional Material in EDocket (RME) 

index at http://docket.epa.gov/rmepub/, 

once in the system, select ‘‘quick 

search,’’ then key in the appropriate 

RME Docket identification number. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME 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 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Texas Commission on Environmental 

Quailty, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7367; fax number 

214–665–7263; e-mail address 

rennie.sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What Is the Background for This Action? 

III. What Comments Were Received During 

the Public Comment Period, August 10, 

2005, to September 9, 2005? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

Today we are approving revisions to 

the TXLED rule submitted to EPA for 

approval as a SIP revision on March 23, 

2005, except two portions on which we 

are taking no action and one portion for 

which we already took action on April 

6, 2005. The Executive Director of the 

TCEQ submitted a letter to EPA on July 

5, 2005, requesting that we not act on 

certain portions of the rule revision as 

it was submitted on March 23, 2005. We 

are approving revisions of those aspects 

of the rule on which the TCEQ has not 

requested that EPA postpone action. 

II. What Is the Background for This 

Action? 

We approved the original TXLED rule 

on November 14, 2001, (66 FR 57196) as 

part of the Houston-Galveston 

Attainment Demonstration SIP. On 

December 15, 2004, the Texas 

Commission on Environmental Quality 

(TCEQ) Commissioners proposed to 

revise the TXLED rule and adopted the 

rule changes on March 9, 2005. The 

TCEQ submitted the TXLED rule 

changes on March 23, 2005 to EPA for 

approval into the SIP. We approved the 

compliance date rule changes, 30 TAC 

114. 319, of the March 23, 2005 SIP 

revision for TXLED on April 6, 2005 (70 

FR 17321). This was done under parallel 

processing at the request of the State. 

The compliance date was changed from 

April 1, 2005, to a phased schedule of 

implementation starting October 1, 

2005, until January 1, 2006. On August 

10, 2005 (70 FR 46448), we proposed 

approval of the remaining portions of 

the March 23, 2005, SIP revision 

submittal—30 TAC 114.6 and 114.312, 

114.314–114.316, 114.318, and 

114.319—except Approved Test 

Methods in section 114.315(b) and 

Alternative V in section 

114.315(c)(4)(C)(ii)(V). The State 

requested that we take no action on 

these two portions of the SIP revision 

submittal. Please see the proposal notice 

and its associated Technical Support 

Document for more information. 

Changes to the rule are to definitions, 

low emission diesel standards, 

registration of producers and importers, 

approved test methods, monitoring, 

reporting and recordkeeping 

requirements, testing and approval 

requirements for alternative fuel 

formulation, and alternative emission 

reduction plans. Except the removal of 

the sulfur standard, the rule changes 

either are administrative in nature, 

clarify existing provisions, update 

existing references, add more stringent 

reporting and recordkeeping 

requirements, or improve the new diesel 

formulation testing requirements. These 

types of changes improve the existing 

SIP and make it more enforceable. 

The sulfur standard was removed 

because the federal ultra-low sulfur 

diesel standards are now promulgated 

and will reduce sulfur in on-highway 

diesel in 2006 and in non-road 

equipment starting in 2007. Reducing