[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27964-27968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX43-1-7333; FRL-5824-6]


Clean Air Act Limited Approval of Volatile Organic Compound (VOC) 
Control Measures for Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is giving limited approval to certain control measures 
adopted by the State of Texas in its 15 Percent Rate of Progress Plan. 
The effect of this action is to finalize the proposed limited approval 
of these measures published on January 29, 1996, in the Federal 
Register (FR) because they strengthen the State Implementation Plan 
(SIP) by reducing VOC emissions in the four nonattainment areas in 
Texas. Also, the EPA is finalizing the limited approval of the measures 
in the contingency plans because these measures, if implemented, will 
strengthen the SIP.

EFFECTIVE DATE: This final rule is effective on June 23, 1997.

FOR FURTHER INFORMATION CONTACT: Guy Donaldson at (214) 665-7242.

SUPPLEMENTARY INFORMATION:

Background

    Section 182(b)(1) of the Clean Air Act (the ACT), as amended in 
1990, requires ozone nonattainment areas with classifications of 
moderate and above to develop plans to reduce area-wide VOC emissions 
by 15 percent from a 1990 baseline. These plans also had to include 
contingency measures in the amount of 3 percent to be implemented if 
the plans failed to achieve the required reductions. In Texas, 15 
Percent Rate of Progress Plans were required for the Beaumont/Port 
Arthur, Dallas/Fort Worth, El Paso and Houston/Galveston areas. Texas 
made submittals on November 13, 1993; May 9, 1994, August 3, 1994, and 
November 14, 1994, to meet the Act's requirement.
    In these proposed SIP revisions, Texas included changes to 30 Texas 
Administrative Code, Chapter 115, concerning the control of VOCs. These 
revisions included controls on several stationary sources and also 
limits on gasoline volatility in the El Paso area. On January 29, 1996, 
the EPA published a proposed limited approval of these control 
measures. These measures result in a strengthening of the SIP because 
they will result in reductions in air pollution. The EPA is not taking 
any action on whether the control measures included in these plans 
comply with the RACT requirements of the Act, section 182(b)(2), or any 
other underlying Act requirement. In addition, the EPA is giving 
limited approval of only the Alternate Means of Control (AMOC) portion 
of the November 9, 1994, submittal as a strengthening of the SIP. The 
EPA is taking no action on any other portion of the November 9, 1994, 
submittal. In this action, the EPA is only finalizing the proposed 
limited approval of the control measures. The EPA is taking no action 
with regard to the limited approval and limited disapproval of the 15 
Percent Plans themselves. Texas submitted revised 15 Percent Plans for 
the four areas in a letter dated August 9, 1996. The EPA will evaluate 
these revised plans and take action in a separate Federal Register 
document on the resubmitted 15 Percent Rate of Progress Plans and 
Contingency Plans.
    This final rule addresses the comments received during the public 
comment period and announces EPA's final action regarding limited 
approval of the control measures.

Response to Public Comments

    In the January 10, 1996, Federal Register, the EPA requested public 
comments on the proposed rules (61 FR 2751-2760). The EPA received five 
letters commenting on the January 29, 1996, proposal. They can be 
placed in the following categories: comments on the amount of emission 
reduction being approved or disapproved in the proposal, comments 
regarding the timing of the final action, comments on the action on the 
AMOC and comments on the concept of a limited approval/limited 
disapproval, comments on the legality of submitting the Texas plan in 
phases, and comments on whether the propose bakery rules are Reasonably 
Available Control Technology.

Comments on the Amount of Emission Reductions

    Two commentors believed the EPA was proposing approval of the 
incorrect amount of emission reductions. One commentor believed that 
not enough emission reductions were being credited to the industrial 
wastewater rules. Another commentor believed that too much credit was 
being allowed for

[[Page 27965]]

several measures. In this action, the EPA is not finalizing its action 
on the amount of emission reductions projected in the plan. This action 
only finalizes the approval of certain of the control measures included 
in the plan as a strengthening of the SIP. Comments on the amount of 
reductions in the plan will be addressed in a separate action on the 
overall 15 Percent plans.

Comments on the Timing of the Final Action

    Six commentors asked that the EPA withhold final action on the 
limited disapproval of the 15 Percent Plans until the revised plans 
could be submitted. The EPA is not taking action on the proposed 
limited approval/limited disapproval of the 15 Percent Plans at this 
time. Texas submitted revisions to its 15 Percent Plans in a letter 
dated August 9, 1996.

Comments on the Approval of the AMOC provisions

    Two commentors supported the approval of the AMOC provisions. One 
commentor felt that the AMOC provisions should not be approved because 
they are ``illegal and outside the Clean Air Act.''
    The AMOC provisions allow facilities to identify alternate methods 
of achieving emissions reductions than those called for in the 
regulations. The provisions require facilities to achieve more 
reductions when using alternative methods than would be required by 
traditional compliance with the State rules. By identifying alternative 
compliance methods, facilities may be able to achieve greater 
environmental benefit at substantial cost savings. The AMOC provisions 
require facilities to apply to the State for approval of an AMOC plan. 
The State must take public comment on the proposed plan and the EPA has 
final review authority. The goal of the AMOC process is to provide a 
process that is less time consuming than processing a source specific 
SIP revision but still allows appropriate public and EPA review. The 
EPA disagrees that the AMOC provisions do not meet the requirements of 
the Act. The State rule requires: (1) greater emission reductions for 
alternate control methods, (2) a public comment period and (3) EPA 
approval/disapproval.

Comments on the Concept of a Limited Approval/Limited Disapproval

    One commentor states that the EPA has taken a distorted 
interpretation of the Act by giving limited approval to the measures in 
the plan as strengthening the SIP since the Act contains specific 
deadlines.
    The EPA agrees that the Act does require emission reductions to 
occur by specific deadlines. In fact, the proposed limited disapproval 
was based on the failure of Texas to demonstrate that sufficient 
reductions would occur to meet the 15 percent requirement. The EPA does 
believe that the measures being giving limited approval will result in 
substantial emission reductions and are enforceable, thus warranting a 
limited approval as a strengthening of the SIP. The limited approval 
makes the rules federally enforceable. It is EPA's position that 
sections 110(k)(3) and 301(a) of the Act provide the legal authority 
for the process.

Comments on the Submittal of the Texas Plan in Phases

    One commentor believes that the EPA should not have allowed Texas 
to submit its plan in phases.
    The EPA is not addressing the 15 Percent Plans and the related 
deadlines at this time. The EPA is only approving the control measures 
as a strengthening of the SIP not as part of the 15 Percent Plans.

Comments on Whether the Bakery Rules are RACT

    One commentor stated the bakery rules which call for 30 percent 
control should not be considered RACT. The EPA is not approving the 
bakery rules as RACT. We specifically note in the January 29, 1996 
proposal that no action is being taken on whether the measures 
represent RACT. Texas submitted additional information regarding RACT 
issues for several source categories including bakeries in a January 
19, 1996, proposed SIP revision. The EPA is evaluating this information 
and will be publishing a determination regarding RACT in a future 
Federal Register action.

Final Action

    It is EPA's determination that approval of the control measures in 
these plans will strengthen the SIP. The EPA is giving limited approval 
to the control measures in the 15 Percent Plans and Contingency Plans 
under sections 110(k)(3) and 301(a) of the Act. In this action, the EPA 
is not addressing whether these control measures, being approved as a 
strengthening of the SIP, meet any other underlying requirements of the 
Act such as the requirement for VOC RACT under 182(b)(2). The EPA will 
address these requirements in separate Federal Register documents.
    Nothing in this action shall be construed as permitting, allowing, 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

Administrative Requirements

A. Executive Order (E.O.) 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    The SIP approvals under sections 110 and 301, and subchapter I, 
part D of the Act 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 Act, preparation of a flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids EPA to base its actions concerning sip's on such grounds. 
See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 
U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate; or to private sector, of $100 
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that

[[Page 27966]]

achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    The EPA has determined that the approval action does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate, or 
to the private sector. This Federal action approves preexisting 
requirements under State or local law, and imposes no new requirements. 
Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C., section 804(2).

E. Petitions for Judicial Review

    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 July 21, 1997. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental regulations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 29, 1997.
Jerry Clifford,
Acting Regional Administrator.

    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)(104) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (104) Revisions to the Texas State Implementation Plan, submitted 
to the EPA in letters dated November 13, 1993, May 9, 1994, August 3, 
1994, and November 14, 1994. These control measures can be found in the 
15 Percent Plans for the Beaumont/Port Arthur, Dallas/Fort Worth, El 
Paso and Houston/Galveston ozone nonattainment areas. These control 
measures are being approved for the purpose of strengthening of the 
SIP.
    (i) Incorporation by reference.
    (A) Revisions to the General Rules as adopted by the Texas Natural 
Resource Conservation Commission on November 10, 1993; Section 101.1--
New Definitions for Alcohol Substitutes (used in offset lithographic 
printing), Automotive basecoat/clearcoat system (used in automobile 
refinishing), Automotive precoat (used in automobile refinishing), 
Automotive pretreatment (used in automobile refinishing), Automotive 
sealers (used in automobile refinishing), Automotive specialty coatings 
(used in automobile refinishing), Automotive three-stage system (used 
in automobile refinishing), Batch (used in offset lithographic 
printing), Cleaning solution (used in offset lithographic printing), 
Fountain Solution (used in offset lithographic printing), Hand-held 
lawn and garden and utility equipment, Heatset (used in Offset 
lithographic Printing), HVLP spray guns, Industrial Solid Waste 
introductory paragraph and (A)-(C), Lithography (used in offset 
lithographic printing), Marine terminal, Marine vessel, Municipal solid 
waste facility, Municipal solid waste landfill, Municipal solid waste 
landfill emissions, Non-heatset (used in offset lithographic printing), 
Offset lithography, Sludge, Solid waste introductory paragraph and (A)-
(C), Synthetic Organic Chemical Manufacturing Industry batch 
distillation operation, Synthetic Organic Chemical Manufacturing 
Industry batch process, Synthetic Organic Chemical Manufacturing 
Industry distillation operation, Synthetic Organic Chemical 
Manufacturing Industry distillation unit, Synthetic Organic Chemical 
Manufacturing Industry reactor process, Transport vessel, Utility 
engines, Vapor recovery system, VOC introductory paragraph and (A)-(D).
    (B) Revisions to Regulation V, as adopted by the Commission on 
November 10, 1993; Section 115.010. new definitions for Alcohol 
substitutes (used in offset lithographic printing), Automotive 
basecoat/clearcoat system (used in automobile refinishing), Automotive 
precoat (used in automobile refinishing), Automotive pretreatment (used 
in automobile refinishing), Automotive sealers (used in automobile 
refinishing), Automotive specialty coatings (used in automobile 
refinishing), Automotive three-stage system (used in automobile 
refinishing), Batch (used in offset lithographic printing), Cleaning 
solution (used in offset lithographic printing), Fountain Solution 
(used in offset lithographic printing), Hand-held lawn and garden and 
utility equipment, Heatset (used in Offset lithographic Printing), 
High-volume low-pressure spray guns, Industrial solid waste 
introductory paragraph and (A)-(C), Leakless Valve, Lithography (used 
in offset lithographic printing) Marine terminal, Marine vessel, 
Municipal solid waste facility, Municipal solid waste landfill, 
Municipal solid waste landfill emissions, Non-heatset (used in offset 
lithographic printing), Offset lithography, Owner or operator of a 
motor vehicle dispensing facility (as used in Secs. 115.241-115.249 of 
this title, relating to Control of Vehicle Refueling Emissions (Stage 
II) at Motor Fuel Dispensing Facilities), Sludge, Solid waste 
introductory paragraph and (A)-(C), Synthetic Organic Chemical 
Manufacturing Industry batch distillation operation, Synthetic Organic 
Chemical Manufacturing Industry batch process, Synthetic Organic 
Chemical Manufacturing Industry distillation operation, Synthetic 
Organic Chemical Manufacturing Industry distillation unit, Synthetic 
Organic Chemical Manufacturing Industry reactor process, Transport 
vessel, Utility Engines, Vapor recovery system, Volatile Organic 
Compound introductory and (A)-(D). Revised sections 115.121(a)(1), 
115.121(a)(2), 115.121(a)(3), 115.121(a)(4), 115.122(a)(2), 
115.122(a)(3), 115.122(a)(3)(A), 115.122(a)(3)(B), 115.123(a), 
115.123(a)(1), 115.123(a)(2), 115.126(a)(1), 115.126(a)(1)(C), 
115.126(b)(1)(C), 115.127(a)(1), 115.127(a)(2), 115.127(a)(3), 
115.127(a)(4), 115.127(a)(5),

[[Page 27967]]

115.127(a)(5)(A), 115.127(a)(5)(B), 115.127(a)(5)(C), 115.129(a)(1), 
115.129(a)(2), 115.129(a)(3), 115.129(a)(4), 115.152(a)(2), 
115.152(a)(2)(A)-115.152(a)(2)(C), 115.152(a)(3), 115.152(b), 
115.152(b)(1), 115.152(b)(2), 115.152(b)(3), 115.155 introductory 
paragraph, 115.155(1), 115.155(4), 115.155(5), 115.155(6), 115.155(7), 
115.155(9), 115.156(1), 115.156(3), 115.156(3)(B), 115.156(3)(C), 
115.156(3)(D),115.156(3)(D)(i)-115.156(3)(D)(iii), 115.156(3)(E), 
115.156(3)(E)(i), 115.156(3)(E)(ii), 115.211(a)(1), 115.211(b), 
115.212(a)(1), 115.212(a)(2), 115.212(a)(3), 115.212(a)(4), 
115.212(a)(5)(A), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii), 
115.212(a)(5)(B), 115.212(a)(6), 115.212(a)(7), previously approved 
115.212(a)(4)(A) now redesignated 115.212(a)(8)(A), 115.212(a)(8)(B), 
115.212(a)(8)(C), 115.212(a)(9)(A)-115.212(a)(9)(D), 115.212(a)(10)(A), 
115.212(a)(10)(B), 115.212(b), 115.212(b)(1), 115.212(b)(2), 
115.212(b)(3),115.212(b)(3)(A), 115.212(b)(3)(A)(i), 
115.212(b)(3)(A)(ii), 115.212(b)(3)(B), 115.212(b)(4), 115.212(b)(5), 
115.212(b)(6), 115.212(c)(1), 115.212(c)(2), 115.212(c)(3), 
115.212(c)(3)(A), 115.212(c)(3)(A)(i), 115.212(c)(3)(A)(ii), 
115.212(c)(3)(B), 115.212(c)(4), 115.212(c)(5), 115.214(b)(1), 
115.215(b)(7), 115.216(a), 115.216(a)(1), 115.216(a)(2)(C), 
115.216(a)(3)(A), 115.216(a)(3)(B), 115.216(a)(3)(C), 115.216(a)(4)(A), 
115.216(a)(4)(B), 115.216(a)(4)(C), 115.216(a)(5), 115.216(a)(5)(B), 
115.216(a)(5)(C), 115.216(b), 115.216(b)(1), 115.216(b)(2)(C), 
115.216(b)(5), 115.216(b)(5)(A), 115.216(b)(5)(B), 115.217(a)(1), 
115.217(a)(2), 115.217(a)(3)(A), 115.217(a)(10)(A)-115.217(a)(10)(C) 
(note: 115.217(a)(10)(A)-115.217(a)(10)(C) were moved to 
115.217(a)(8)(A)-115.217(a)(8)(C) in the May, 9, 1994 adoption without 
revisions), 115.217(a)(11)(A), 115.217(a)(11)(B) (note that 
115.217(a)(11)(A) and 115.217(a)(11)(B) were moved to 115.217(a)(9)(A) 
and 115.217(a)(9)(B) in the May 9, 1994 adoption without revisions, 
115.217(b)(1), 115.217(b)(2)(A)-115.217(b)(2)(C), 115.217(b)(3), 
115.217(b)(4), 115.217(b)(4)(A)-115.217(b)(4)(C), 115.217(b)(5), 
115.217(b)(5)(A), 115.217(b)(5)(B), 115.217(c)(1), 115.217(c)(2)(A)-
115.217(c)(2)(C), 115.217(c)(3), 115.217(c)(4), 115.217(c)(4)(A)-
115.217(c)(4)(C), 115.217(c)(5), 115.217(c)(5)(A), 115.217(c)(5)(B), 
115.219(b), 115.222(1), 115.222(5), 115.222(6), 115.222(7), 115.222(8), 
115.222(9), 115.222(10), 115.222(11), 115.226 introductory paragraph, 
115.226(1), 115.226(2), 115.226(2)(A), 115.226(2)(B), 115.227(1), 
115.227(2), 115.227(3), 115.227(3)(A), 115.227(3)(B), 115.229(a), 
115.229(b), 115.229(c), 115.229(c)(1), 115.229(c)(2), 115.234 
introductory paragraph, 115.234(1), 115.234(2), 115.235(1), 115.235(4), 
115.236 introductory paragraph, 115.236(1), 115.237(1), 115.237(2), 
115.237(3), 115.239(a), 115.239(b), 115.242(1), 115.242(1)(A), 
115.242(1)(B), 115.242(2), 115.242(2)(A)-115.242(2)(F), 115.242(3), 
115.242(3)(A), 115.242(3)(B), 115.242(3)(C), 115.242(3)(C)(i)-
115.242(3)(C)(iii), 115.242(3)(D)-115.242(3)(K), 115.242(4), 
115.242(5), 115.242(6), 115.242(7), 115.242(8), 115.242(9), 
115.242(9)(A)-115.242(9)(C), 115.242(10), 115.242(10)(A), 
115.242(10)(B), 115.242(11), 115.242(12), 115.242(12)(A)-
115.242(12)(C), 115.243 introductory paragraph, 115.243(1), 115.243(2), 
115.244 introductory paragraph, 115.244(1), 115.244(2), 115.244(3), 
115.244(4), 115.245 introductory paragraph, 115.245(1), 115.245(1)(A), 
115.245(1)(A)(i)-115.245(1)(A)(iv), 115.245(1)(B), 115.245(1)(C), 
115.245(1)(D), 115.245(2), 115.245(3),115.245(3)(A)-115.245(3)(C), 
115.245(4), 115.245(5), 115.245(5)(A), 115.245(5)(B), 115.245(6), 
115.246(1), 115.246(2), 115.246(3), 115.246(4), 115.246(5), 115.246(6), 
115.246(7), 115.246(7)(A), 115.246(7)(B), 115.247(2), 115.248(1), 
115.248(1)(A), 115.248(1)(B), 115.248(3), 115.248(3)(A)-115.248(3)(E), 
115.248(4), 115.248(4)(A), 115.248(4)(B), 115.248(4)(B)(i), 
115.248(4)(B)(ii), 115.249(1), 115.249(2),115.249(3), 115.249(4), 
115.324(a)(8)(A)(iii), 115.334(3)(A)(iii). New sections 115.352, 
115.353, 115.354, 115.355, 115.356, 115.357, and 115.359. Revised 
sections 115.421(a)(8)(B), 115.421(a)(8)(B)(i), 115.421(a)(8)(C), 
115.421(a)(8)(C)(i)-115.421(a)(8)(C)(ix), 115.421(a)(8)(D), 
115.421(a)(11), 115.422 introductory paragraph, 115.422(1), 115.422(2), 
115.426(a)(1)(B), 115.426(a)(2)(A)(iii), 115.426(b)(1)(B), 
115.426(b)(2)(A)(iii), 115.427(a)(1)(B), 115.427(a)(2), 115.427(a)(3), 
115.427(a)(4), 115.427(a)(4)(A)-115.427(a)(4)(E), 115.427(a)(5), 
115.427(a)(6), deletion of 115.427(a)(7), 115.429(a), 115.429(b), 
115.429(c). New Subchapter E: Offset Lithography, sections 115.442, 
115.443, 115.445, 115.446, 115.449, and new Subchapter F: Miscellaneous 
Industrial Sources, Degassing or Cleaning of Stationary and Transport 
Vessels, sections 115.541, 115.542, 115.543, 115.544, 115.545, 115.546, 
115.547, 115.549. Revised sections 115.910(b), 115.930, 115.932, 
115.940. New Subchapter J: Administrative Provisions, Standard Permits, 
section 115.950.
    (C) Texas Natural Resources Conservation Commission Order No. 93-20 
as adopted November 10, 1993.
    (D) Revisions to the General Rules as adopted by the Commission on 
May 4, 1994; 101.1 new definitions for Alcohol (used in offset 
lithographic printing), Bakery oven, Clear coat (used in wood parts and 
products coating), Clear sealers (used in wood parts and products 
coating), Final repair coat (used in wood parts and products coating), 
Opaque ground coats and enamels (used in wood parts and products 
coating), Semitransparent spray stains and toners (used in wood parts 
and products coating), Semitransparent wiping and glazing stains (used 
in wood parts and products coating), Shellacs (used in wood parts and 
products coating), Surface coating processes (M) Wood parts and 
Products Coating, Topcoat (used in wood parts and products coatings), 
Varnishes (used in wood parts and products coatings, Wash coat (used in 
wood parts and products coating).
    (E) Revisions to Regulation V as adopted by the Commission on May 
4, 1994; 115.10 new Definitions for Alcohol (used in offset 
lithographic printing), Bakery oven, Clear coat (used in wood parts and 
products coating), Clear sealers (used in wood parts and products 
coating), Continuous monitoring, Final repair coat (used in wood parts 
and products coating), Leak-free marine vessel, Marine loading 
facility, Marine terminal, Opaque ground coats and enamels (used in 
wood parts and products coating), Semitransparent spray stains and 
toners (used in wood parts and products coating), Semitransparent 
wiping and glazing stains (used in wood parts and products coating), 
Shellacs (used in wood parts and products coating), Surface coating 
processes (M) Wood parts and Products Coating, Topcoat (used in wood 
parts and products coatings), Varnishes (used in wood parts and 
products coatings, Wash coat (used in wood parts and products coating). 
Revised 115.121(a)(5), 115.122(a)(3), 115.122(a)(3)(A)-
115.122(a)(3)(D), 115.122(a)(4), note: previously adopted 
115.122(a)(3)(A) and 115.122(a)(3)(B) moved to 115.122(a)(4)(A) and 
115.122(a)(4)(B) without revisions), 115.126(a)(4), 115.126(a)(4)(A)-
115.126(a)(4)(C), 115.126(a)(5), 115.126(a)(5)(A)-115.126(a)(5)(C), 
115.127(a)(3)(B), 115.127(a)(3)(C), 115.127(a)(3)(D), 115.127(a)(6),

[[Page 27968]]

115.129(5), 115.129(6), 115.129(7), 125.129(8), 115.132(a)(4), 
115.132(a)(4)(A), 115.132(a)(4)(B), 115.139(a)(1), 115.139(a)(2), New 
Subchapter B: General Volatile Organic Compound Sources, Industrial 
Wastewater, Sections 115.140, 115.142, 115.143, 115.144, 115.145, 
115.146, 115.147, 115.148, 115.149. Revised 115.152(a), 115.152(a)(1), 
115.153, 115.155(2), 115.155(3), 115.155(8), 115.156 Introductory 
paragraph, 115.156(2), 115.156(2)(A)-115.156(G), 115.156(3), 
115.156(3)(A), 115.157 Introductory Paragraph, 115.157(1), 115.157(2), 
115.159(a), 115.159(b), 115.159(c), 115.211(a)(1)(A), 115.211(a)(1)(B), 
115.211(a)(2), 115.211(a)(3), 115.212(a)(5), 115.212(a)(8), 
115.212(a)(9), 115.212(a)(10), 115.212(a)(10)(A)-115.212(a)(10)(C), 
115.212(a)(11), 115.212(a)(11)(A), 115.212(a)(11)(B), 115.212(a)(12), 
115.212(c), 115.213(c), 115.214(a)(1), 115.214(a)(2), 115.214(a)(3), 
115.214(a)(4), 115.214(a)(5), 115.214(a)(5)(A)-115.214(a)(5)(E), 
115.214(a)(6), 115.215(a), 115.215(a)(7), 115.215(a)(8), 115.215(a)(9), 
115.215(a)(10), 115.216(a)(4), 115.216(a)(5)(A), 115.216(a)(6), 
115.216(a)(6)(A), 115.216(a)(6)(A)(i)-115.216(a)(6)(A)(iii), 
115.216(a)(6)(B), 115.216(a)(6)(C), 115.216(a)(6)(D), 115.216(a)(7), 
115.216(a)(8) 115.217(a)(3), 115.217(a)(3)(B), 115.217(a)(3)(C), 
115.217(a)(4), 115.217(a)(5), 115.217(a)(6), 115.217(a)(6)(A), 
115.217(a)(6)(B), 115.217(a)(7), 115.217(a)(8), 115.217(a)(8)(D), 
115.217(a)(9), 115.217(a)(9)(C), 115.217(a)(10), 115.217(a)(10)(A)-
115.217(a)(10)(E), 115.217(a)(11), 115.217(a)(11)(A)-115.217(a)(11)(C), 
115.217(b)(2), 115.217(c)(2), 115.219(a)(1), 115.219(a)(2), 
115.219(a)(3), 115.219(a)(4), 115.219(a)(5), 115.219(a)(6), new 
Sections 115.252, 115.253, 115.255, 115.256, 115.257, 115.259, revised 
115.352 introductory paragraph, 115.353, 115.354 introductory 
paragraph, 115.355 introductory paragraph, 115.356 introductory 
paragraph, 115.357 introductory paragraph, 115.357(2), 115.357(9), 
115.359, 115.415(a)(1)(A), 115.415(b)(1)(A), 115.416(a), 115.421(a), 
115.421(a)(13), 115.421(a)(13)(A), 115.421(a)(13)(A)(I)-
115.421(a)(13)(A)(vii), 115.421(a)(13)(A)(viii), 
115.421(a)(13)(A)(viii)(I), 115.421(a)(13)(A)(viii)(II), 
115.421(a)(13)(A)(ix), 115.421(a)(13)(A)(x), 115.421(a)(13)(B), 
115.421(a)(13)(C), 115.421(a)(13)(C)(I), 115.421(a)(13)(C)(ii), 
115.422(1)(A)-115.422(1)(C), 115.422(3), 115.422(3)(A), 115.422(3)(B), 
115.429(d), 115.432(a), 115.432(a)(2), 115.432(a)(2)(A), 
115.432(a)(2)(B), 115.442 introductory paragraph, 115.443, 115.445 
introductory paragraph, 115.446 introductory paragraph, 115.446(5), 
115.449(a), 115.449(b), 115.449(c), 115.532(a)(5), 115.532(a)(5)(A), 
115.532(a)(5)(B), 115.541(a), 115.541(b), 115.541(b)(1), 115.541(b)(2), 
115.541(b)(3), 115.541(b)(4), 115.541(b)(5), 115.542(a), 115.543, 
115.544 introductory paragraph, 115.545 introductory paragraph, 115.546 
introductory paragraph, 115.547 introductory paragraph, 115.549(a), 
115.549(b), 115.549(c), new sections 115.552, 115.553, 115.555, 
115.556, 115.557, 115.559, repeal of sections 115.612, 115.613, 
115.614, 115.615, 115.617, 115.619, new sections 115.600, 115.610, 
115.612, 115.613, 115.614, 115.615, 115.616, 115.617, and 115.619.
    (F) Texas Natural Resource Conservation Commission Order No. 94-06 
as adopted May 4, 1994.
    (G) Revision to Regulation V as adopted by the Commission on July 
13, 1994; new sections 115.901, 115.910, 115.911, 115.912, 115.913, 
115.914, 115.915, 115.916, 115.920, 115.923.
    (H) Texas Natural Resource Conservation Commission Order No. 94-26 
as adopted July 13, 1994.
    (I) Texas Natural Resource Conservation Commission Order No. 94-
0676-SIP as adopted November 9, 1994.
    (ii) Additional material.
    (A) Appendix A of the Revision to the Texas SIP adopted by the 
Commission on November 9, 1994 concerning alternate means of control.

[FR Doc. 97-13487 Filed 5-21-97; 8:45 am]
BILLING CODE 6560-50-P