[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Rules and Regulations]
[Pages 18003-18008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7732]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-107-2-7424a; FRL-6567-5]


Approval and Promulgation of Implementation Plans; Texas; Control 
of Air Pollution From Volatile Organic Compounds, Vent Gas Control and 
Offset Lithographic Printing Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action on revisions to the 
Texas State Implementation Plan (SIP). This rulemaking covers three 
separate actions: Approving the Revisions to the 30 TAC, Chapter 115, 
Control of Air Pollution from Volatile Organic Compounds (VOC), 
Subchapter B, Division 2, Vent Gas Control (bakery oven emissions) rule 
as meeting our Reasonably Available Control Technology (RACT) 
requirements for controlling the VOC emission from such major sources 
in the Dallas/For Worth (D/FW) ozone nonattainment area; Converting 
EPA's limited approval of certain sections in 30 TAC, Chapter 115, 
Control of Air Pollution from VOC, Subchapter B, Division 2, Vent Gas 
Control (bakery oven emissions) rule to a full approval as meeting the 
RACT requirements for controlling the VOC emission from such major 
sources in the D/FW ozone nonattainment area. By this approval action, 
we are saying that Texas will be implementing the RACT for VOC 
emissions resulting from operation of the bakeries in the D/FW area; 
and Approving that the revisions to the 30 TAC, Chapter 115, Control of 
Air Pollution from Volatile Organic Compounds (VOC), Subchapter E, 
Division 4, Offset Lithography Printing as meeting our RACT 
requirements for controlling the VOC emission from such major sources 
in the D/FW ozone nonattainment area. By this approval action, we are 
saying that Texas will be implementing the RACT for VOC emissions 
resulting from operation of the offset lithography printing sources in 
the D/FW area.
    The EPA is approving these SIP revisions to regulate emissions of 
VOCs as meeting RACT in accordance with the requirements of the Federal 
Clean Air Act (the Act).

DATES: This rule is effective on June 5, 2000 without further notice, 
unless EPA receives adverse comment by May 8, 2000. If EPA receives 
such comment, EPA will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 
6 Office listed below. Copies of documents relevant to this action 
including the Technical support Document (TSD) are available for public 
inspection during normal business hours at the following locations. 
Anyone wanting to examine these documents should make an appointment 
with the appropriate office at least two working days in advance.
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Texas Natural Resource Conservation Commission, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, P.E., Air Planning 
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-6691.

SUPPLEMENTARY INFORMATION:  

Table of Contents

1. What action is EPA taking?
2. What action is EPA not taking in this rulemaking?
3. Why do we regulate VOCs?
4. Where can I find EPA guidelines on bakery oven emissions?
5. Where can I find EPA guidelines on offset lithographic printing?
6. What are the bakery oven emissions rule changes?
7. What are the offset lithographic printing rule changes?
8. What is a nonattainment area?
9. What are Alternative Control Techniques (ACTs)?
10. What is Reasonably Available Control Technology (RACT)?
11. What is a State Implementation Plan?
12. What is the Federal approval process for a SIP?
13. What does Federal approval of a SIP mean to me?
14. What areas in Texas will this action affect?

    Throughout this document ``we,'' ``us,'' and ``our'' means EPA.

1. What Action Is EPA Taking?

    On March 16, 1999, the Governor of Texas submitted a rule revision 
to the Chapter 115, ``Control of Air Pollution From Volatile Organic 
Compounds,'' as a revision to the SIP for bakery operations and offset 
lithographic printing operations. On May 22, 1997, EPA gave limited 
approval to sections 115.122(a)(3), 115.126(a)(4), 115.126(a)(5), 
115.127(a)(5) and

[[Page 18004]]

115.129(2)-115.129(5) of Chapter 115 concerning to bakery operations. 
See 64 FR 3841. For bakery operations, the TNRCC submitted on March 16, 
1999, revisions to sections 115.122, 115.123, and 115.126. This 
rulemaking will approve revisions to Sections 115.122 , 115.123, 
115.126 in the D/FW ozone nonattainment area. Specifically, we are 
approving revisions to sections 115.122(a)(3)(B), 115.122(a)(3)(C), 
115.122(a)(3)(E)(ii), 115.123(a)(1) and (2), a new section 
115.126(a)(1)(C) and (D), and revisions to 115.126(a)(3)(A) and (B) 
concerning bakery oven emissions in the D/FW ozone nonattainment area. 
We are converting the limited approval to a full approval of sections 
115.122(a)(3), 115.126(a)(4), 115.126(a)(5), 115.127(a)(5) and 
115.129(2)-115.129(5).
    For offset lithographic printing operations, this rulemaking will 
approve revisions to sections 115.440, 115.443, 115.446, and 115.449 in 
the D/FW ozone nonattainment area. We are also, approving a new section 
115.440, revisions to section 115.443, removal of section 
115.446(2)(D), revisions to section 115.446(8), and section 115.449(b) 
concerning offset lithographic printing operations in the D/FW ozone 
nonattainment area.
    Originally, The TNRCC submitted the offset lithographic printing 
rules to us in August 1993, and we approved those rules in a limited 
approval fashion. See 62 FR 27964, published on May 22, 1997. Later on, 
we approved these rules, among many others, in a full approval fashion 
as a part of the 15 percent Rate of Progress contingency plan for the 
D/FW ozone nonattainment area. See 64 FR 3841, published on January 26, 
1999.
    Previously, the D/FW ozone nonattainment area was classified as 
moderate. The VOC major source threshold for a moderate area is 100 
tpy. Texas submitted and we approved a declaration that there were no 
major (100 tpy) offset lithography printing sources in the D/FW area. 
See 61 FR 55894, published on October 30, 1996.
    The D/FW is now classified as a serious ozone nonattainment area. 
The VOC major source threshold for a serious ozone nonattainment area 
is 50 tpy. Texas has now revised its VOC rules to insure that any 
offset lithography printing sources greater than 50 tpy will have to 
implement RACT.
    In this document, we are now approving revisions to the Texas SIP 
concerning control of VOC emissions from bakery oven emissions and 
offset lithographic printing provisions as meeting the RACT 
requirements for controlling the VOC emissions from such operations in 
the D/FW ozone nonattainment area. For more information on the SIP 
revision and EPA's RACT evaluation, please refer to our TSD dated 
November 1999.

2. What Action Is EPA Not Taking in This Rulemaking?

    In this document, we are not acting on the following: (1) 
attainment demonstration plan for the D/FW area, (2) RACT regulations 
for controlling VOCs from bakeries in ozone nonattainment areas other 
than D/FW area, and (3) RACT regulations for controlling VOCs from 
offset lithographic printing operations in ozone nonattainment areas 
other than D/FW area.

3. Why Do We Regulate VOCs?

    Oxygen in the atmosphere reacts with VOCs and Oxides of Nitrogen to 
form ozone, a key component of urban smog. Inhaling even low levels of 
ozone can trigger a variety of health problems including chest pains, 
coughing, nausea, throat irritation, and congestion. It also can worsen 
bronchitis and asthma. Exposure to ozone can also reduce lung capacity 
in healthy adults.

4. Where Can I Find EPA Guidelines on Bakery Oven Emissions?

    You can find our guidelines on bakery oven emissions in the 
document number EPA-453/R-92-017, ``Alternative Control Technology for 
Bakery Oven Emissions.'' You can also refer to the Memorandum from John 
S. Seitz, Director of Air Quality Planning and Standards, dated 
February 15, 1995 (Bakery Memo), that addresses issues concerning 
bakery RACT requirements. We have included a copy of the Bakery Memo in 
our TSD dated November 1999, for reference purposes.

5. Where Can I Find EPA Guidelines on Offset Lithographic Printing?

    You can find our guidelines on offset lithographic printing in the 
document number EPA-453/R-94-054, ``Alternative Control Techniques 
Document: Offset Lithographic Printing.'' The TNRCC submitted its 
Offset Lithography Printing rules to us in August 1993. We have 
evaluated the Texas Offset Lithography Printing rules against our 
guidance document and have determined that the Texas Offset Lithography 
Printing rules meet our RACT requirement for such sources.

6. What Are the Bakery Oven Emissions Rule Changes?

    The intended purpose of this rule is to reduce VOC emissions and 
comply with the RACT requirements. The previously limited approved 
bakery rules, 62 FR 27965, May 22, 1997, called for 30 percent control 
in the H/G, B/PA, and D/FW areas, and we did not consider the 30 
percent control as meeting the RACT.
    The proposed rule revision calls for a minimum of 80 percent 
control in the D/FW area and we are considering the 80 percent control 
as meeting the RACT. Specifically, the revisions to Chapter 115 will 
modify the vent gas control rule by: (1) lowering the applicability 
threshold from 100 to 50 tpy for bakeries in the D/FW ozone 
nonattainment area, and (2) prohibiting the banking of emission 
reductions in the 30-90 percent range for major source bakeries in the 
D/FW ozone nonattainment area. Bakeries in the D/FW ozone nonattainment 
area must comply with this rule as soon as practicable, but no later 
than December 31, 2000. See 30 TAC Section 115.126(4)(A). You can find 
the appropriateness of a compliance date of December 31, 2000 (beyond 
the November 15, 1999, attainment deadline), in the VOC policy 
Memorandum from J. Craig Potter, Assistant Administrator for Air and 
Radiation, dated August 7, 1986, titled ``Policy on SIP Revisions 
Requesting Compliance Date Extensions for VOC sources'' (Extension 
Memo). We have included a copy of the Extension Memo in our TSD, dated 
November 1999, for reference purposes. The Extension Memo provides that 
the change in a deadline for a VOC source must be expeditious and 
practicable. EPA generally views two years as an acceptable time frame 
to implement RACT requirements. The Texas deadline is less than two 
years. We are of the opinion that the compliance date of December 31, 
2000, time frame is practicable compared with the attainment 
demonstration dates of other severe ozone nonattainment areas in the 
country. We will closely examine and question any attempts to extend 
the compliance date beyond the December 31, 2000, for such VOC sources 
in the D/FW area in future.
    Originally, we acted on the Texas 30 TAC, Chapter 115, Control of 
Air Pollution from Volatile Organic Compounds (VOC), Subchapter B, 
Division 2, Vent Gas Control (bakery oven emissions) rule in a limited 
approval fashion, 62 FR 27965, May 22, 1997, on the basis that the 
limited approval would strengthen the SIP. The May 22, 1997, final 
rulemaking gave limited approval to the Texas rule, which among other 
things, allowed 30 percent VOC control for these sources. The May 22, 
1997, final rulemaking also

[[Page 18005]]

stated that the EPA would be publishing a determination regarding RACT 
in a future Federal Register action. In addition, the Bakery Memo 
states that RACT should result in VOC emissions reductions of 80 to 95 
percent for large bakery operations. The Texas rule revision (a) 
requires a minimum of 80 percent reduction in VOC emissions from the 
bakery's 1990 baseline emission inventory (see Section 
115.122(a)(3)(B)), and (b) prohibits the banking of emission reductions 
in the 30-90 percent range for major source bakeries in the D/FW ozone 
nonattainment area. For these reasons, we are of the opinion that this 
rule now meets the requirements of the RACT for the D/FW area and are 
approving these rule with its revisions as RACT.
    For detailed evaluation of the specific provisions of the bakery 
oven emissions changes, please see pages 2 through 5 of our TSD dated 
November 1999.

7. What Are the Offset Lithographic Printing Rule Changes?

    The intended purpose of this rule is to reduce VOC emissions and 
comply with the requirements of the RACT. Specifically, this rule 
applies to sources located or operating in the D/FW ozone nonattainment 
area. This proposed rule revision will: (1) create a new Section 
115.440 concerning offset lithographic printing definitions, and (2) 
lower the applicability threshold from 100 to 50 tpy for offset 
lithographic printing operations in the D/FW ozone nonattainment area. 
The offset lithographic printing operations in the D/FW ozone 
nonattainment area must comply with this rule as soon as practicable, 
but no later than December 31, 2000. See 30 TAC Section 115.449(b). You 
can find the appropriateness of a compliance date of December 31, 2000 
(beyond the November 15, 1999, attainment deadline), in the VOC policy 
Memorandum from J. Craig Potter, Assistant Administrator for Air and 
Radiation, dated August 7, 1986, titled ``Policy on SIP Revisions 
Requesting Compliance date Extensions for VOC sources'' (Extension 
Memo). We have included a copy of the Extension Memo in our TSD, dated 
November 1999, for reference purposes. The Extension Memo provides that 
the change in a deadline for a VOC source must be expeditious and 
practicable. EPA generally views two years as an acceptable time frame 
to implement RACT requirements. The Texas deadline is less than two 
years. We are of the opinion that the compliance date of December 31, 
2000, time frame is practicable compared with the attainment 
demonstration dates of other severe ozone nonattainment areas in the 
country. We will closely examine and question any attempts to extend 
the compliance date beyond the December 31, 2000, for such VOC sources 
in the D/FW area in future.
    Other revisions are administrative in nature, e.g., changing the 
word ``section'' to ``division,'' and we are approving them for the D/
FW ozone nonattainment area. As we stated in the summary section of 
this document, the TNRCC submitted its Offset Lithography Printing 
rules to us in August 1993. For rulemaking history of the Texas Offset 
Lithography Printing rules, please refer to section 1 of this document. 
For detailed evaluation of the specifics of the offset lithographic 
printing rule, please see pages 6 and 7 of our TSD dated November 1999.

8. What Is a Nonattainment Area?

    A nonattainment area is a geographic area in which the level of a 
criteria air pollutant is higher than the level allowed by Federal 
standards. A single geographic area may have acceptable levels of one 
criteria air pollutant but unacceptable levels of one or more other 
criteria air pollutants; thus, a geographic area can be attainment for 
one criteria pollutant and nonattainment for another criteria pollutant 
at the same time. It has been estimated that 60 percent of Americans 
live in nonattainment areas.

9. What Are Alternative Control Techniques (ACTs)?

    Section 183(c) of the Act provides that we will issue technical 
documents which identify alternative controls for stationary sources of 
VOC which emit, when uncontrolled, 25 tpy or more of this pollutant. We 
have to revise and update these ACT documents as needed. We generate 
the information in the ACT documents from our papers, literature 
sources and contacts, control equipment vendors, engineering firms, and 
Federal, State, and local regulatory agencies. States can use 
information in the ACT to develop their Reasonably Available Control 
Technology regulations. Sections 3 and 4 of this document name the 
titles of EPA's ACT documents for bakery oven emissions and offset 
lithographic printing operations.

10. What Is Reasonably Available Control Technology?

    We have defined RACT as the lowest emission limitation that a 
particular source can meet by applying a control technique that is 
reasonably available considering technological and economic 
feasibility. See 44 FR 53761, September 17, 1979. A state may choose to 
develop its own RACT requirements on a case by case basis, considering 
the economic and technical circumstances of an individual source. 
Section 172 of the Act contains general requirements for States to 
implement RACT in areas that do not meet the National Ambient Air 
Quality Standard (NAAQS). Section 182(b)(2) of the Act contains more 
specific requirements for moderate and above ozone nonattainment areas.

11. What Is a State Implementation Plan?

    Section 110 of the Act requires States to develop air pollution 
regulations and control strategies to ensure that State air quality 
meets the National Ambient Air Quality Standards (NAAQS) that EPA has 
established. Under Section 109 of the Act, EPA established the NAAQS to 
protect public health. The NAAQS address six criteria pollutants. These 
criteria pollutants are: carbon monoxide, nitrogen dioxide, ozone, 
lead, particulate matter, and sulfur dioxide.
    Each State must submit these regulations and control strategies to 
us for approval and incorporation into the federally enforceable SIP. 
Each State has a SIP designed to protect air quality. These SIPs can be 
extensive, containing State regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

12. What Is the Federal Approval Process for a SIP?

    When a State wants to incorporate its regulations into the 
federally enforceable SIP, the State must formally adopt the 
regulations and control strategies consistent with State and Federal 
requirements. This process includes a public notice, a public hearing, 
a public comment period, and a formal adoption by a state-authorized 
rulemaking body.
    Once a State adopts a rule, regulation, or control strategy, the 
State may submit the adopted provisions to us and request that we 
include these provisions in the federally enforceable SIP. We must then 
decide on an appropriate Federal action, provide public notice on this 
action, and seek additional public comment regarding this action. If we 
receive adverse comments, we must address them prior to a final action.
    Under section 110 of the Act, when we approve all State regulations 
and supporting information, those State regulations and supporting 
information become a part of the federally approved SIP. You can find 
records of these SIP actions in the Code of Federal

[[Page 18006]]

Regulations at Title 40, part 52, entitled ``Approval and Promulgation 
of Implementation Plans.'' The actual State regulations that we 
approved are not reproduced in their entirety in the CFR but are 
``incorporated by reference,'' which means that we have approved a 
given State regulation with a specific effective date.

13. What Does Federal Approval of a SIP Mean to Me?

    A State may enforce State regulations before and after we 
incorporate those regulations into a federally approved SIP. After we 
incorporate those regulations into a federally approved SIP, both EPA 
and the public may also take enforcement action against violators of 
these regulations.

14. What Areas in Texas Will This Action Affect?

    These rules we are approving today will affect the D/FW ozone 
nonattainment area. The D/FW area is classified as serious ozone 
nonattainment and includes the following counties: Collin, Dallas, 
Denton, and Tarrant.
    If you are in one of these counties, you need to refer to these 
rules to find out if and how these rules will affect you.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if adverse comments 
are received. This rule will be effective on June 5, 2000 without 
further notice unless we receive adverse comment by May 8, 2000. If EPA 
receives adverse comments, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13132

    Executive 13132, entitled ``Federalism'' (64 FR 43255, August 10, 
1999) revokes and replaces Executive Order 12612, ``Federalism,'' and 
Executive Order 12875, ``Enhancing the Intergovernmental Partnership.'' 
Executive Order 13132 requires EPA to develop an accountable process to 
ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' is 
defined in the Executive Order to include regulations that 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.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. The EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
because the rule approves a State rule implementing a federal standard, 
and does not alter the distribution of power and responsibilities 
established in the Act. Thus, the requirements of section 6 of the 
Executive Order do not apply to this rule.

C. Executive Order 13045

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that: (1) Is determined to be ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This final rule is not subject 
to Executive Order 13045 because it approves a State program.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the OMB, in a separately identified section 
of the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions. This final rule will not have a significant 
impact on a substantial number of small entities

[[Page 18007]]

because SIP approvals under section 110 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 create any new requirements, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities. 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 SIPs 
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).

F. 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 annual 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 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 promulgated does 
not include a Federal mandate that may result in estimated annual 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 pre-existing 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.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major'' rule as defined by 5 U.S.C. 
804(2). This rule will be effective June 5, 2000.

H. 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 June 5, 2000. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2) of the Act.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: March 21, 2000.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

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

Subpart SS--Texas

    2. In Sec. 52.2270 the table in paragraph (c) is amended under 
Chapter 115 by:
    a. Removing the entries for ``115.121-115.129'' and ``115.442-
115.449.''
    b. Adding in numerical order entries for sections 115.121, 115.122, 
115.123, 115.125, 115.126, 115.127, 115.129, 115.440, 115.443, 115.446, 
and 115.449 as RACT for the D/FW area.
    c. Add the heading ``Vent Gas Control'' above the entry for section 
115.121 under the column ``Title/Subject''; and add the heading 
``Offset Lithographic Printing'' above the entry for Section 115.440 
under the column ``Title/Subject''.
    The removal and additions read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            State submittal/approval
         State citation                        Title/subject                          date                EPA approval date            Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Chapter 115 (Regulation 5)--Control of Air Pollution from Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Vent Gas Control
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.121................  Emission Specifications..................  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
Section 115.122................  Control Requirements.....................  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
Section 115.123................  Alternate Control Requirements...........  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
Section 115.125................  Testing Requirements.....................  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.

[[Page 18008]]

 
Section 115.126................  Monitoring and Recordkeeping Requirements  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
Section 115.127................  Exemptions...............................  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
Section 115.129................  Counties and Compliance Schedule.........  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
 
                   *                  *                  *                  *                  *                  *                  *
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                                                              Offset Lithographic Printing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.440................  Definitions..............................  March 21, 1999..........  April 6, 2000...........  New.
 
                   *                  *                  *                  *                  *                  *                  *
Section 115.443................  Alternate Control Requirements...........  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 52.2270(c)(105) (i)(P),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
 
                   *                  *                  *                  *                  *                  *                  *
Section 115.446................  Monitoring and Recordkeeping Requirements  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 52.2270(c)(105) (i)(P),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
Section 115.449................  Counties and Compliance Schedules........  March 21, 1999..........  April 6, 2000...........  Ref--52.2270(c)(104),
                                                                                                                                 52.2270(c)(105) (i)(P),
                                                                                                                                 Approved as RACT for
                                                                                                                                 the D/FW 1-hr ozone
                                                                                                                                 area only.
 
                   *                  *                  *                  *                  *                  *                  *
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[FR Doc. 00-7732 Filed 4-5-00; 8:45 am]
BILLING CODE 6560-50-U