12438 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

year 1994, that rate shall remain in

effect, with no additional update,

throughout fiscal years 1996 and 1997;

and

(B) For any RTC whose 1995 rate was

below the 30th percentile level

determined under paragraph (f)(5)(ii)(A)

of this section, the rate shall be adjusted

by the lesser of: the CPI–U for medical

care, or the amount that brings the rate

up to that 30th percentile level.

(iii) For subsequent Federal fiscal

years after fiscal year 1997, RTC rates

shall be updated by the Medicare

update factor for hospitals and units

exempt from the Medicare prospective

payment system.

(6) For care provided on or after July

1, 1995, CHAMPUS will not pay for

days in which the patient is absent on

leave from the RTC. The RTC must

identify these days when claiming

reimbursement.

Dated: March 1, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–5375 Filed 3–6–95; 8:45 am]

BILLING CODE 5000–04–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–17–1–5600a; FRL–5163–3]

Approval and Promulgation of

Implementation Plans; Texas State

Implementation Plan Revision;

Corrections for Reasonably Available

Control Technology (RACT) Rules;

Volatile Organic Compounds (VOC)

RACT Catch-Ups

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to the Texas State

Implementation Plan (SIP) submitted by

the State of Texas on June 8, 1992, and

additional revisions which were

submitted on November 13, 1992. These

SIP revisions contain regulations which

require the implementation of RACT for

various types of VOC sources. These

revisions respond to the requirements of

section 182(b)(2) of the Federal Clean

Air Act, as amended in 1990 (CAA), for

States to adopt RACT rules by

November 15, 1992, for major VOC

sources which are not covered by an

existing EPA Control Techniques

Guideline (CTG) and for all sources

covered by an existing CTG. These

revisions also include corrections to the

monitoring, recordkeeping, and

reporting requirements for Victoria

County, in order to make the VOC rules

more enforceable in that County.

DATES: This final rule is effective on

May 8, 1995, unless critical or adverse

comments are received by April 6, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register (FR).

ADDRESSES: Comments should be

mailed to Guy R. Donaldson, Acting

Chief, Air Planning Section (6T–AP),

U.S. EPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202–2733. Copies of the

State’s submittals and other information

relevant to this action are available for

inspection during normal business

hours at the following locations:

U.S. Environmental Protection Agency,

Region 6, Air Programs Branch (6T–

A), 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Air and Radiation Docket and

Information Center, U.S.

Environmental Protection Agency,

401 M Street S.W, Washington, DC

20460.

Texas Natural Resource Conservation

Commission, Office of Air Quality,

12124 Park 35 Circle, Austin, Texas

78753.

Anyone wishing to review these

documents at the U.S. EPA office is

asked to contact the person below to

schedule an appointment 24 hours in

advance.

FOR FURTHER INFORMATION CONTACT: Mr.

Mick Cote, Planning Section (6T–AP),

Air Programs Branch, U.S.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Dallas,

Texas 75202–2733, telephone (214)

655–7219.

SUPPLEMENTARY INFORMATION:

Background

Section 182(b)(2) of the CAA, as

amended in 1990, requires States to

adopt RACT rules for all areas

designated nonattainment for ozone and

classified as moderate or above. There

are three parts to the section 182(b)(2)

RACT requirement: (1) RACT for

sources covered by an existing CTG—

i.e., a CTG issued prior to the enactment

of the CAAA of 1990; (2) RACT for

sources covered by a post-enactment

CTG; and (3) all major sources not

covered by a CTG. This action does not

address requirements to implement

RACT at sources covered by postenactment CTG’s. Texas has identified

sources in these post-enactment CTG

source categories. RACT requirements

will be addressed for these sources in

future actions.

Section 182(b)(2) calls for

nonattainment areas that previously

were exempt from certain VOC RACT

requirements to ‘‘catch up’’ to those

nonattainment areas that became subject

to those requirements under the

preamended Act. In addition, it requires

newly designated ozone nonattainment

areas to adopt RACT rules consistent

with those for previously designated

nonattainment areas. In addition, the

major source threshold is lowered for

certain nonattainment areas (50 tons/yr

for serious areas and 25 tons/yr in

severe areas). States are required to

ensure that RACT is implemented based

on these new major source definitions.

In Texas, there are four ozone

nonattainment areas: Dallas/Fort Worth

(moderate), Beaumont/Port Arthur

(serious), El Paso (serious) and Houston

(severe). These VOC RACT revisions

pending before EPA expand the

applicability of control requirements to

include the newly-designated perimeter

counties (Chambers, Collin, Denton,

Fort Bend, Hardin, Liberty,

Montgomery, and Waller). In addition,

the applicability of control requirements

has been expanded to include all

previously-designated ozone

nonattainment counties (Brazoria,

Dallas, El Paso, Galveston, Harris,

Jefferson, Orange, and Tarrant). The

existing requirements for Gregg, Nueces,

and Victoria Counties have been

relocated to a separate (new) subsection

in each applicable section. Non-CTG

RACT rules for mirror backing coating

facilities have been added. Finally,

monitoring/recordkeeping requirements

for VOC sources in Victoria County

were revised to be made more

enforceable.

Procedural Background

The Clean Air Act (the Act) requires

states to observe certain procedural

requirements in developing

implementation plans for submission to

the EPA. Section 110(a)(2) of the Act

provides that each implementation plan

submitted by a state must be adopted

after reasonable notice and public

hearing. Section 110(l) of the Act

similarly provides that each revision to

an implementation plan submitted by a

state under the Act must be adopted by

such state after reasonable notice and

public hearing. The EPA also must

determine whether a submittal is

complete and therefore warrants further

EPA review and action (see section

110(k)(1) and 57 FR 13565). The EPA’s

completeness criteria for SIP submittals

are set out at 40 Code of Federal

Regulations (CFR) part 51, appendix V.

The EPA attempts to make completeness

determinations within 60 days of
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12439

receiving a submission. However, a

submittal is deemed complete by

operation of law if a completeness

determination is not made by the EPA

six months after receipt of the

submission.

The State of Texas held a public

hearing on February 24, 1992, to

entertain public comment on the June 8,

1992 SIP submittal. The State held a

public hearing on July 27, 1992, to

entertain public comment on the

November 13, 1992 SIP revision.

Subsequent to the public hearings and

consideration of hearing comments, the

June 8, 1992 SIP revision was adopted

by the State on May 8, 1992. The

November 13, 1992 SIP revision was

adopted by the State on October 16,

1992.

These SIP revisions were reviewed by

the EPA to determine completeness

shortly after its submittal, in accordance

with the completeness criteria set out at

40 CFR part 51, appendix V. A letter

dated July 20, 1992, was forwarded to

the Governor finding the submittal

complete and indicating the next steps

to be taken in the review process. The

November 16, 1992 submittal was ruled

complete on January 15, 1993.

EPA Evaluation

In determining the approvability of a

VOC rule, the EPA must evaluate the

rule for consistency with the

requirements of the CAA and the EPA

regulations, as found in section 110 and

part D of the CAA and 40 CFR part 51

(Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for today’s action,

appears in various EPA policy guidance

documents.

To evaluate these rules, the EPA used

the CTGs and ‘‘Issues Relating to VOC

Regulation Cutpoints, Deficiencies and

Deviations’’, dated May 25, 1988. The

technical review of these rule revisions

is included in the RACT ‘‘Catch-up’’

Technical Support Document (TSD).

Please refer to this document for an

explanation of the specific revisions.

The following rules have been

submitted. For a detailed description of

the rule changes, see the TSD.

Revisions to the General Rules and

Regulation V, Submitted June 8, 1992

Section 101.1 of the General Rules

(Definitions), and the following sections

of regulation V: 115.010 (Definitions),

115.112–115.119 (Storage of Volatile

Organic Compounds), 115.121–115.129

(Vent Gas Control), 115.131–115.139

(Water Separation), 115.211–115.219

(Loading/Unloading of VOCs), 115.221–

115.229 (Stage I), 115.234–115.239

(VOC Leaks from Gasoline Tank

Trucks), 115.242–115.249 (Gasoline

Reid Vapor Pressure), 115.311–115.319

(Process Unit Turnaround), 115.322–

115.329 (Petroleum Refinery Fugitives),

115.332–115.339 (Synthetic Organic

Chemical, Polymer, Resin, and Methyl

Tert-Butyl Ether (MTBE) Manufacturing

Fugitives), 115.342–115.349 (Natural

Gas/Gasoline Processing Fugitives),

115.412–115.249 (Degreasing

Operations), 115.421–115.429 (Surface

Coating Processes), 115.432–115.439

(Graphic Arts), 115.512–115.519

(Cutback Asphalt), 115.531–115.539

(Pharmaceutical Manufacturing), and

115.612–115.619 (Consumer Solvent

Products).

Revisions to the General Rules and

Regulation V, Submitted November 13,

1992

Section 101.1 of the General Rules

(Definitions), and the following sections

of regulation V: 115.010 (Definitions),

115.116–115.119 (Storage of Volatile

Organic Compounds), 115.126–115.219

(Vent Gas Control), 115.136–115.139

(Water Separation), 115.211–115.219

(Loading/Unloading of VOCs), 115.249

(Reid Vapor Pressure), 115.316–115.319

(Process Unit Turnaround), 115.421–

115.429 (Surface Coating Processes),

115.436–115.439 (Graphic Arts), and

115.536–115.539 (Pharmaceutical

Manufacturing).

These revisions accomplish the

following requirements of section

182(b)(2):

1. Expand RACT requirements to the

newly designated nonattainment

counties;

2. Eliminate the distinction between

‘‘rural’’ and ‘‘urban’’ nonattainment

areas, and;

3. Ensure that RACT is applied to all

major sources in the ozone

nonattainment areas.

The EPA has determined that the

RACT revisions to the Texas General

Rules and Regulation V meet the

applicable Federal requirements.

Final Action

The EPA has evaluated the State’s

submittal for consistency with the CAA,

EPA regulations, and EPA policy. The

EPA has determined that the rules meet

the CAA’s requirements and today is

approving under section 110(k)(3) the

above mentioned VOC rules.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this FR publication, the

EPA is proposing to approve these SIP

revisions should adverse or critical

comments be received. Thus, this action

will be effective on May 8, 1995, unless

adverse or critical comments are

received by April 6, 1995.

If such comments are received, this

action will be withdrawn before the

effective date by publishing two

subsequent documents. One document

will withdraw the final action, and

another final action will be published

addressing any adverse comments. If no

such adverse comments are received,

the public is advised that this action

will be effective on May 8, 1995.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economical, and

environmental factors and in relation to

relevant statutory and regulatory

requirements.

Regulatory Process

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., the EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities (5 U.S.C. 603

and 604). Alternatively, under 5 U.S.C.

605(b), the EPA may certify that the rule

will not have a significant impact on a

substantial number of small entities (see

46 FR 8709). Small entities include

small businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over population of less

than 50,000.

SIP approvals under section 110 and

subchapter I, part D, of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids the EPA to base its actions

concerning SIPs on such grounds

(Union Electric Co. v. U.S. EPA, 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2)).

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 May 8, 1995. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule for the purposes of
12440 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

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)).

Executive Order

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental regulations,

Reporting and recordkeeping, Ozone,

Volatile organic compounds.

Dated: February 22, 1995.

Jane N. Saginaw,

Regional Administrator (6A).

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. 7401–7671q.

Subpart SS—Texas

2. Section 52.2270 is amended by

adding paragraph (c) (88) to read as

follows:

§ 52.2270 Identification of plan.

* * * * *

(c) * * *

(88) Revisions to the Texas State

Implementation Plan, submitted to EPA

on June 8 and November 13, 1992,

respectively. These revisions adopt

expansion of applicability for

Reasonably Available Control

Technology (RACT) rules for volatile

organic compounds (VOCs) to ensure

that all major VOC sources are covered

by RACT, to revise the major source

definition, and to revise certain

monitoring, recordkeeping, and

reporting requirements for Victoria

County, Texas.

(i) Incorporation by reference.

(A) Texas Air Control Board Order

No. 92–04, as adopted on May 8, 1992.

(B) Revisions to the General Rules, as

adopted by the Board on May 8, 1992,

section 101.1—New definitions for

capture efficiency, capture system,

carbon adsorber, carbon adsorption

system, coating, coating line, control

device, control system, pounds of

volatile organic compounds (VOC) per

gallon of coating (minus water and

exempt solvents), pounds of volatile

organic compounds (VOC) per gallon of

solids, printing line; revised definitions

for component, exempt solvent, leak,

vapor recovery system, volatile organic

compound (VOC).

(C) Revisions to Regulation V, as

adopted by the Board on May 8, 1992,

sections 115.010 (Definitions)—

Beaumont/Port Arthur area, Dallas/Fort

Worth area, El Paso area, Houston/

Galveston area; revised definition for

delivery vessel/tank truck tank;

115.112(a), 115.112(a)(3), 115.112(b)(1),

115.112(b)(2), 115.112(b)(2)(A) through

115.112(b)(2)(D), 115.112(b)(2)(E),

115.112(b)(2)(F), 115.112(c),

115.112(c)(3)(A), 115.112(c)(3)(B),

115.113(a) through 115.113(c),

115.114(a), 115.114(b), 115.114(b)(1),

115.114(b)(2), 115.115(a), 115.115(b),

115.115(b)(1) through 115.115(b)(8),

115.116(a), 115.116(a)(4), 115.116(b),

115.116(b)(1) through 115.116(b)(4),

115.117(a), 115.117(b), 115.117(b)(1)

through 115.117(b)(6), 115.117(b)(6)(A)

through 115.117(b)(6)(C), 115.117(b)(7),

115.117(b)(7)(A) through

115.117(b)(7)(C), 115.117(c),

115.117(c)(1) through 115.117(c)(4),

115.119 introductory paragraph,

115.121(a), 115.121(a)(1),

115.121(a)(1)(C), 115.121(a)(2),

115.121(a)(3), 115.121(b), 115.121(b)(1)

through 115.121(b)(3), 115.121(c),

115.121(c)(1), 115.121(c)(2) through

115.121(c)(4), 115.122(a), 115.122(b),

115.122(c), 115.122(c)(1) through

115.122(c)(4), 115.123(a) through

115.123(c), 115.125(a), 115.125(a)(2),

115.125(b), 115.125(b)(1) through

115.125(b)(7), 115.126 introductory

paragraph, 115.127(a), 115.127(a)(2),

115.127(a)(3), 115.127(a)(3)(B),

115.127(a)(3)(C), 115.127(a)(4),

115.127(a)(4)(C), 115.127(b),

115.127(b)(1), 115.127(b)(2),

115.127(b)(2)(A) through

115.127(b)(2)(B), 115.127(c),

115.127(c)(1), 115.127(c)(2),

115.127(c)(2)(A) through

115.127(c)(2)(C), 115.129 introductory

paragraph, 115.129(1) through

115.129(3), 115.131(a), 115.131(a)(2)

through 115.131(a)(4), 115.131(b)

through 115.131(c), 115.132(a),

115.132(b), 115.132(b)(1) through

115.132(b)(3), 115.132(c), 115.132(c)(3),

115.133(a) through 115.133(c),

115.135(a), 115.135(b), 115.135(b)(1)

through 115.135(b)(6), 115.136(a),

115.136(a)(1), 115.136(a)(2),

115.136(a)(2)(A) through

115.136(a)(2)(D), 115.136(a)(3),

115.136(a)(4), 115.136(b), 115.137(a),

115.137(a)(1) through 115.137(a)(4),

115.137(b), 115.137(b)(1) through

115.137(b)(4), 115.137(c), 115.137(c)(1)

through 115.137(c)(3), 115.139

introductory paragraph, 115.139(1),

115.139(2), 115.211 introductory

paragraph, 115.211(1)(A), 115.211(1)(B),

115.211(2), 115.212(a), 115.212(a)(4),

115.212(a)(5), 115.212(b), 115.212(b)(1),

115.212(b)(2), 115.212(b)(2)(A),

115.212(b)(2)(B), 115.212(b)(3),

115.212(b)(3)(A) through

115.212(b)(3)(C), 115.212(c),

115.212(c)(1), 115.213(a) through

115.213(c), 115.214(a), 115.214(a)(3),

115.214(a)(4), 115.214(b), 115.214(b)(1),

115.214(b)(2), 115.215(a), 115.215(b),

115.215(b)(1) through 115.215(b)(8),

115.216 introductory paragraph,

115.216(4), 115.217(a), 115.217(a)(2)

through 115.217(a)(4), 115.217(b),

115.217(b)(1) through 115.217(b)(3),

115.217(c), 115.217(c)(3), 115.219

introductory paragraph, 115.219(1)

through 115.219(6), 115.221

introductory paragraph, 115.222

introductory paragraph, 115.222(6),

115.223 introductory paragraph,

115.224 introductory paragraph,

115.224(2), 115.225 introductory

paragraph, 115.226 introductory

paragraph, 115.227 introductory

paragraph, 115.229 introductory

paragraph, 115.234 introductory

paragraph, 115.235 introductory

paragraph, 115.236 introductory

paragraph, 115.239 introductory

paragraph, 115.311(a), 115.311(a)(1),

115.311(a)(2), 115.311(b), 115.311(b)(1),

115.311(b)(2), 115.312(a), 115.312(a)(2),

115.312(b), 115.312(b)(1),

115.312(b)(1)(A), 115.312(b)(1)(B),

115.312(b)(2), 115.313(a) through

115.313(b), 115.315(a), 115.315(b),

115.315(b)(1) through 115.315(b)(7),

115.316 introductory paragraph,

115.316(1), 115.316(2), 115.316(3),

115.317 introductory paragraph,

115.319 introductory paragraph,

115.319(1), 115.319(2), 115.322(a),

115.322(b), 115.322(b)(1) through

115.322(b)(5), 115.323(a), 115.323(a)(2),

115.323(b), 115.323(b)(1), 115.323(b)(2),

115.324(a), 115.324(a)(4), 115.324(b),

115.324(b)(1), 115.324(b)(1)(A) through

115.324(b)(1)(D), 115.324(b)(2),

115.324(b)(2)(A) through

115.324(b)(2)(C), 115.324(b)(3) through

115.324(b)(8), 115.324(b)(8)(A),

115.324(b)(8)(A)(i), 115.324(b)(8)(A)(ii),

115.324(b)(8)(B), 115.325(a), 115.325(b),

115.325(b)(1) through 115.325(b)(3),

115.326(a), 115.326(a)(2), 115.326(b),

115.326(b)(1), 115.326(b)(2),

115.326(b)(2)(A) through

115.326(b)(2)(I), 115.326(b)(3),

115.326(b)(4), 115.327(a), 115.327(a)(2),

115.327(a)(4), 115.327(a)(5), 115.327(b),

115.327(b)(1), 115.327(b)(1)(A) through

115.327(b)(1)(C), 115.327(b)(2) through

115.327(b)(6), 115.329 introductory

paragraph, 115.332 introductory

paragraph, 115.333 introductory
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12441

paragraph, 115.334 introductory

paragraph, 115.334(3), 115.334(3)(A),

115.335 introductory paragraph,

115.336 introductory paragraph,

115.337 introductory paragraph,

115.337(2) through 115.337(4),

115.337(4)(E), 115.339 introductory

paragraph, 115.342 introductory

paragraph, 115.343 introductory

paragraph, 115.344 introductory

paragraph, 115.345 introductory

paragraph, 115.346 introductory

paragraph, 115.347 introductory

paragraph, 115.347(3), 115.349

introductory paragraph, 115.412(a),

115.412(a)(1)(F)(iv), 115.412(a)(3)(I),

115.412(a)(3)(I)(viii), 115.412(b),

115.412(b)(1), 115.412(b)(1)(A),

115.412(b)(1)(A)(i) through

115.412(b)(1)(A)(iii), 115.412(b)(1)(B)

through 115.412(b)(1)(F),

115.412(b)(1)(F)(i) through

115.412(b)(1)(F)(iv), 115.412(b)(2),

115.412(b)(2)(A), 115.412(b)(2)(B),

115.412(b)(2)(B)(i) through

115.412(b)(2)(B)(iii), 115.412(b)(2)(C),

115.412(b)(2)(D), 115.412(b)(2)(D)(i)

through 115.412(b)(2)(D)(iv),

115.412(b)(2)(E), 115.412(b)(2)(F),

115.412(b)(2)(F)(i) through

115.412(b)(2)(F)(xiii), 115.412(b)(3),

115.412(b)(3)(A), 115.412(b)(3)(A)(i),

115.412(b)(3)(A)(ii), 115.412(b)(3)(B)

through 115.412(b)(3)(I),

115.412(b)(3)(I)(i) through

115.412(b)(3)(I)(viii), 115.413(a),

115.413(a)(1), 115.413(a)(2), 115.413(b),

115.413(b)(1), 115.413(b)(2), 115.415(a),

115.415(a)(1), 115.415(a)(2), 115.415(b),

115.415(b)(1), 115.415(b)(1)(A),

115.415(b)(1)(B), 115.415(b)(2),

115.415(b)(2)(A) through

115.415(b)(2)(E), 115.416(a), 115.416(b),

115.416(b)(1), 115.416(b)(2), 115.417(a),

115.417(a)(1) through 115.417(a)(6),

115.417(b), 115.417(b)(1) through

115.417(b)(6), 115.419(a) through

115.419(b), 115.421(a), 115.421(a)(8),

115.421(a)(8)(A), 115.421(a)(8)(B),

115.421(a)(8)(C), 115.421(a)(9),

115.421(a)(9)(v), 115.421(a)(11),

115.421(b), 115.421(b)(1) through

115.421(b)(9), 115.421(b)(9)(A),

115.421(b)(9)(A)(i) through

115.421(b)(9)(A)(iv), 115.421(b)(9)(B),

115.421(b)(9)(C), 115.421(b)(10),

115.422(a), 115.422(a)(1), 115.422(a)(2),

115.423(a), 115.423(a)(3), 115.423(a)(4),

115.423(b), 115.423(b)(1) through

115.423(b)(4), 115.424(a), 115.424(a)(1)

through 115.424(a)(3), 115.424(a)(2),

115.424(b), 115.424(b)(1), 115.424(b)(2),

115.425(a), 115.425(a)(1), 115.425(a)(2),

115.425(a)(3), 115.425(a)(3)(B),

115.425(a)(4)(C)(ii), 115.425(b),

115.424(b)(1), 115.424(b)(1)(A) through

115.425(b)(1)(E), 115.425(b)(2),

115.424(b)(2)(A) through

115.425(b)(2)(E), 115.426(a),

115.426(a)(1), 115.426(a)(1)(C),

115.426(a)(2), 115.426(a)(2)(B),

115.426(a)(3), 115.426(a)(4), 115.426(b),

115.426(b)(1), 115.426(b)(1)(A) through

115.426(b)(1)(D), 115.426(b)(2),

115.426(b)(2)(A), 115.426(b)(2)(A)(i)

through 115.426(b)(2)(A)(iv),

115.426(b)(2)(B), 115.426(b)(2)(C),

115.426(b)(3), 115.427(a), 115.427(a)(1),

115.427(a)(2), 115.427(a)(2)(A),

115.427(a)(2)(B), 115.427(a)(3),

115.427(a)(4), 115.427(a)(5),

115.427(a)(5)(A), 115.427(a)(5)(B),

115.426(a)(6), 115.427(b), 115.427(b)(1),

115.427(b)(2), 115.427(b)(2)(A) through

115.427(b)(2)(E), 115.427(b)(3),

115.427(b)(3)(A) through

115.427(b)(3)(C), 115.429(a) through

115.429(c), 115.432(a), 115.432(a)(2),

115.432(a)(3), 115.432(b), 115.432(b)(1)

through 115.432(b)(3), 115.432(b)(3)(A)

through 115.432(b)(3)(C), 115.433(a),

115.433(b), 115.435(a), 115.435(a)(6),

115.435(a)(7), 115.435(a)(7)(C)(ii),

115.435(a)(8), 115.435(b), 115.435(b)(1)

through 115.435(b)(7), 115.436(a),

115.436(a)(1), 115.436(a)(2),

114.436(a)(4) through 115.436(a)(6),

115.436(b), 115.436(b)(1) through

115.436(b)(3), 115.436(b)(3)(A) through

115.436(b)(3)(C), 115.436(b)(4),

115.436(b)(5), 115.437(a), 115.437(a)(1)

through 115.437(a)(4), 115.437(b),

115.439(a) through 115.439(c), 115.512

introductory paragraph, 115.512 (1)

through 115.512(3), 115.513

introductory paragraph, 115.515

introductory paragraph, 115.516

introductory paragraph, 115.517

introductory paragraph, 115.519(a)

through 115.519(b), 115.531(a),

115.531(a)(2), 115.531(a)(3), 115.531(b),

115.531(b)(1) through 115.531(b)(3),

115.532(a), 115.532(a)(4), 115.532(a)(5),

115.532(b), 115.532(b)(1)(A),

115.532(b)(1)(B), 115.532(b)(2),

115.532(b)(3), 115.532(b)(3)(A),

115.532(b)(3)(B), 115.532(b)(4),

115.533(a), 115.533(b), 115.534(a),

115.534(b), 115.534(b)(1), 115.534(b)(2),

115.535(a), 115.535(b), 115.535(b)(1)

through 115.535(b)(6), 115.536(a),

115.536(a)(1), 115.536(a)(2),

115.536(a)(3), 115.536(a)(4), 115.536(b),

115.536(b)(1), 115.536(b)(2),

115.536(b)(2)(A), 115.536(b)(2)(A)(i)

through 115.536(b)(2)(A)(iii),

115.536(b)(2)(B), 115.536(b)(3),

115.536(b)(3)(A), 115.536(b)(3)(B),

115.536(b)(4), 115.536(b)(5), 115.537(a),

115.537(a)(1) through 115.537(a)(7),

115.537(b), 115.537(b)(1) through

115.537(b)(5), 115.539(a), 115.539(b),

115.612 introductory paragraph,

115.613 introductory paragraph,

115.614 introductory paragraph,

115.615 introductory paragraph,

115.615(1), 115.617 introductory

paragraph, 115.617(1), 115.619

introductory paragraph.

(D) Texas Air Control Board Order No.

92–16, as adopted on October 16, 1992.

(E) Revisions to the General Rules, as

adopted by the Board on October 16,

section 101.1: Introductory paragraph,

new definition for extreme performance

coating; revised definitions for gasoline

bulk plant, paragraph vii of

miscellaneous metal parts and products

coating, mirror backing coating, volatile

organic compound.

(F) Revisions to Regulation V, as

adopted by the Board on October 16,

1992, sections 115.010—new definition

for extreme performance coating;

revised definitions for gasoline bulk

plant, paragraph vii of miscellaneous

metal parts and products coating, mirror

backing coating, and volatile organic

compound; 115.116 title (Monitoring

and Recordkeeping Requirements),

115.116(a)(2), 115.116(a)(3),

115.116(a)(3)(A) through

115.116(a)(3)(C), 115.116(a)(5),

115.116(b)(2), 115.116(b)(3),

115.116(b)(3)(A) through

115.116(b)(3)(D), 115.116(b)(4),

115.116(b)(5), 115.119(a), 115.119(b),

115.126 title (Monitoring and

Recordkeeping Requirements),

115.126(a), 115.126(a)(1)(A),

115.126(a)(1)(C), 115.126(a)(1)(E),

115.126(b), 115.126(b)(1),

115.126(b)(1)(A) through

115.126(b)(1)(E), 115.126(b)(2),

115.126(b)(2)(A) through

115.126(b)(2)(D), 115.126(b)(3),

115.126(b)(3)(A), 115.126(b)(3)(B),

115.127(a)(4)(A) through

115.127(a)(4)(C), 115.129(a),

115.129(a)(1), 115.129(b), 115.136 title

(Monitoring and Recordkeeping

Requirements), 115.136(a)(4),

115.136(b), 115.136(b)(1), 115.136(b)(2),

115.136(b)(2)(A) through

115.136(b)(2)(D), 115.136(b)(3),

115.136(b)(4), 115.139(a), 115.139(b),

115.211(a), 115.211(b), 115.215(a),

115.215(b), 115.216 title (Monitoring

and Recordkeeping Requirements),

115.216(a), 115.216(a)(2)(A) through

115.216(a)(2)(C), 115.216(a)(5),

115.216(b), 115.216(b)(1), 115.216(b)(2),

115.216(b)(2)(A) through

115.216(b)(2)(D), 115.216(b)(3),

115.216(b)(3)(A), 115.216(b)(3)(B),

115.216(b)(4), 115.217(a)(6),

115.219(a)(1) through 115.219(a)(4),

115.219(b), 115.316 title (Monitoring

and Recordkeeping Requirements),

115.316(a), 115.316(a)(1)(A),

115.316(a)(1)(C), 115.316(a)(4),

115.316(b), 115.316(b)(1),

115.316(b)(1)(A) through

115.316(b)(1)(D), 115.316(b)(2),

115.316(b)(2)(A) through
12442 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

115.316(b)(2)(C), 115.316(b)(3),

115.316(b)(4), 115.319(a)(1),

115.319(a)(2), 115.319(b), 115.421(a),

115.421(a)(12), 115.421(a)(12)(A),

115.421(a)(12)(A)(i),

115.421(a)(12)(A)(ii), 115.421(a)(12)(B),

115.425(a)(4)(C)(ii), 115.426 title

(Monitoring and Recordkeeping

Requirements), 115.426(a)(2),

115.426(a)(2)(A)(i), 115.426(b)(2),

115.426(b)(2)(i), 115.427(a)(5)(C),

115.427(a)(6), 115.427(a)(6)(A) through

115.427(a)(6)(C), 115.427(a)(7),

115.429(d), 115.436 title (Monitoring

and Recordkeeping Requirements),

115.436(a)(3), 115.436(a)(3)(C),

115.436(b), 115.436(b)(3),

115.436(b)(3)(B) through

115.436(b)(3)(D), 115.439(d), 115.536

title (Monitoring and Recordkeeping

Requirements), 115.536(a)(1),

115.536(a)(2), 115.536(a)(2)(A),

115.536(a)(2)(A)(ii), 115.536(a)(5),

115.536(b)(1), 115.536(b)(2),

115.536(b)(2)(A), 115.536(b)(2)(A)(ii)

through 115.536(b)(2)(A)(iv), 115.539(c).

* * * * *

[FR Doc. 95–5344 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[TX–21–1–6634; FRL–5134–6]

Clean Air Act Approval and

Promulgation of Title I, Section

182(d)(1)(B), Employee Commute

Options/Employer Trip Reduction

Program for Texas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: In this action, the EPA is

approving the State Implementation

Plan (SIP) revision submitted by the

State of Texas for the purpose of

establishing an Employee Commute

Options (ECO) program (also known as

the Employer Trip Reduction (ETR)

program). Pursuant to Section

182(d)(1)(B) of the Clean Air Act (CAA),

as amended in 1990, the SIP was

submitted by Texas to satisfy the

statutory mandate that an ETR Program

be established for employers with 100 or

more employees, such that compliance

plans developed by such employers are

designed to convincingly demonstrate

an increase in the average passenger

occupancy (APO) of their employees

who commute to work during the peak

period, by no less than 25 percent above

the average vehicle occupancy (AVO) of

the nonattainment area.

EFFECTIVE DATE: This action will be

effective on April 6, 1995.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

U.S. Environmental Protection Agency,

Region 6, Air Programs Branch (6T–

A), 1445 Ross Avenue, Dallas, Texas

75202–2733.

The Air and Radiation Docket and

Information Center, U.S.

Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Texas Natural Resource Conservation

Commission, 12124 Park 35 Circle,

Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr.

Hal D. Brown, Planning Section (6T–

AP), Air Programs Branch, USEPA

Region 6, 1445 Ross Avenue, Dallas,

Texas 75202–2733, telephone (214)

665–7248.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of

the CAA will require employers with

100 or more employees in the HoustonGalveston ozone nonattainment area to

participate in a trip reduction program.

Section 182(d)(1)(B) requires that

employers submit ETR compliance

plans to the State two years after the SIP

is submitted to the EPA. These

compliance plans must ‘‘convincingly

demonstrate’’ that within four years

after the SIP is submitted, the employer

will achieve an increase in the APO of

its employees who commute to work

during the peak period by not less than

25 percent above the AVO of the

nonattainment area. Where there are

important differences in terms of

commute patterns, land use, or AVO,

the States may establish different zones

within the nonattainment area for

purposes of calculation of the AVO.

For an approvable ETR SIP, the State

submittal must contain each of the

following program elements: (1) The

AVO for each nonattainment area or for

each zone if the area is divided into

zones; (2) the target APO which is no

less than 25 percent above the AVO(s);

(3) an ETR program that includes a

process for compliance demonstration;

and, (4) enforcement procedures to

ensure submission and implementation

of compliance plans by subject

employers. The EPA issued guidance on

December 17, 1992, interpreting various

aspects of the statutory requirements

[Employee Commute Options Guidance,

December 1992].

On November 13, 1992, the EPA

received from the Governor of Texas a

SIP revision to incorporate the ETR

regulation which was adopted by the

State on October 16, 1992. On October

18, 1993, the EPA proposed approval of

the Texas ETR SIP in the Federal

Register (FR) because it meets the

requirements of section 182(d)(1)(B) of

the CAA and the criteria listed above

(see 58 FR 53693). The proposed

rulemaking action provides a detailed

discussion of the EPA’s rationale for

proposing approval of the State’s ETR

SIP, and should be referred to. The EPA

requested public comments on all

aspects of the proposal. A summary of

the comments received and the EPA’s

response to them are provided below. A

more detailed response to comments is

available from the EPA Region 6 office.

II. Response to Comments

The EPA received three comment

letters, one from the State of Texas

which supported the EPA’s action, one

from a local citizen which raised

concerns with the Texas program, and

one from a local environmental group

which objected to EPA’s proposed

approval.

Comment 1—The Texas Natural

Resource Conservation Commission

(TNRCC) supported the EPA’s proposed

approval of the Texas ETR SIP. In

addition, the State pointed out a

correction to our notice. On page 53695,

part D under ‘‘Enforcement

Procedures,’’ the EPA states that

violators may be subject to up to

$10,000 in administrative penalties and

up to $25,000 in civil penalties. The

State commented that this provision

should instead read, ‘‘may subject the

violator up to $10,000 in administrative

penalties or up to $25,000 in civil

penalties per violation.’’

EPA Response—The EPA agrees with

the State’s comment. Violators may be

subject to either administrative or civil

penalties for a given violation. The

penalty provisions of the Texas program

are approvable.

Comment 2—A local citizen and the

environmental group commented that

the emphasis of the ETR program

should be on reducing work-related

trips. In addition, the environmental

group commented that it would be

illegal to also emphasize reductions in

vehicle miles travelled (VMT).

EPA Response—The EPA agrees that

the intent of the section 182(d)(1)(B) of

the CAA is to reduce work-related

commute trips. We feel that Texas’

program will accomplish this goal. The

ETR regulation subjects employers to a