[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Rules and Regulations]
[Pages 7041-7044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2616]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0001; FRL-7871-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revisions To Control Volatile Organic Compound Emissions From 
Consumer Related Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve Texas State 
Implementation Plan (SIP) revisions. The revisions pertain to 
regulations to control volatile organic compound (VOC) emissions from 
consumer related sources. The control of VOC emissions will help to 
attain and maintain national ambient air quality standards for ozone in 
Texas. This approval will make the revised regulations Federally 
enforceable.

DATES: This rule is effective on April 11, 2005 without further notice, 
unless EPA receives adverse comment by March 14, 2005. 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: Submit your comments, identified by Regional Materials in 
EDocket (RME) ID No. R06-OAR-2005-TX-0001, by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/. Regional 
Materials in EDocket (RME), EPA's electronic public docket and comment 
system, is EPA's preferred method for receiving comments. Once in the 
system, select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the online instructions for submitting 
comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Thomas Diggs at [email protected]. Please 
also send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to RME ID No. R06-OAR-2005-TX-
0001. EPA's policy is that all comments received will be included in 
the public file without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through Regional Materials in EDocket (RME), regulations.gov or e-mail 
if you believe that it is CBI or otherwise protected from disclosure. 
The EPA RME Web site and the Federal regulations.gov Web site are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public file and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters and any form of encryption, and should be 
free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Materials in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available materials relevant to this 
rulemaking are available either electronically in RME or in the 
official file, which is available at the Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733. The file will be made available by appointment for 
public inspection in the Region 6 FOIA Review Room between the hours of 
8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the 
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or 
Mr. Bill Deese at 214-665-7253 to make an appointment. If possible, 
please make the appointment at least two working days in advance of 
your visit. There will be a 15 cent per page fee for making photocopies 
of documents. On the day of the visit, please check in at the EPA 
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone 214-665-6645; fax number 214-
665-7263; e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'' 
``us'' or ``our'' is used, we mean the EPA.

Outline

I. What Is a SIP?
II. What Action Is EPA Taking?
III. What Is the Effect of This Action?
IV. Final Action
V. Statutory and Executive Order Reviews

[[Page 7042]]

I. What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards (NAAQS) 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state which contains areas that are not attaining the NAAQS, 
must submit these regulations and control strategies to us for approval 
and incorporation into the Federally-enforceable State Implementation 
Plan (SIP).
    Each Federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

II. What Action Is EPA Taking?

    EPA is taking direct final action to approve revisions to the Texas 
ozone SIP (Texas SIP) that pertain to regulations which control VOC 
emissions from consumer related sources. The regulations can be found 
in the Texas Administrative Code, title 30, chapter 115, subchapter G. 
The revisions were adopted by the Texas Commission on Environmental 
Quality (TCEQ) and submitted to EPA. One revision was adopted on 
January 28, 2004 and submitted on February 13, 2004. Another revision 
was adopted on October 27, 2004 and submitted on November 16, 2004.
    On May 4, 1994 Texas adopted a VOC emissions regulation for 
consumer products sold or distributed in Texas. The regulation was 
approved by EPA on May 22, 1997 (62 FR 27964). On September 11, 1998 
EPA issued a national regulation for VOC emissions from consumer 
products similar to that adopted by Texas (63 FR 48819). The national 
regulation can be found at 40 CFR part 59 subpart C. The national 
regulation adopted a less stringent VOC standard for automotive 
windshield wiper fluid than that found in the Texas regulation. The 
national standard is a limit of 35% VOC content by weight, while the 
Texas standard is 23.5%. Texas revised the state VOC regulation on 
January 28, 2004 and submitted it to EPA on February 13, 2004. This 
revision removed state VOC standards for all consumer products except 
automotive windshield washer fluid sold or distributed in Texas because 
national standards are now in place. Texas retained the state VOC 
standard for windshield washer fluid because a more restrictive state 
standard would help attain national ambient air quality standards for 
ozone in Texas. EPA is approving this change because equivalent 
emission reduction will continue to be achieved.
    The revision adopted on October 27, 2004 set requirements for 
portable fuel containers and spouts sold or distributed in Texas that 
are manufactured on or after December 31, 2004. The purpose of this 
revision is to lower VOC emissions in Texas from portable fuel 
containers that spill or leak. EPA is approving this revision as it 
strengthens the SIP.

III. What Is the Effect of This Action?

    This action approves revisions to the Texas SIP that pertain to 
regulations to control VOC emissions from consumer related sources. 
This approval will make these revised regulations Federally 
enforceable. Enforcement of the regulations in a State SIP before and 
after it is incorporated into the federally approved SIP is primarily a 
state responsibility. However, after the regulations are Federally 
approved, we are authorized to take enforcement action against 
violators. Citizens are also offered legal recourse to address 
violations as described in section 304 of the Clean Air Act.
    The revisions (1) removed state VOC emission standards for all 
consumer products except automotive windshield washer fluid sold or 
distributed in Texas because national standards are in place, and (2) 
set requirements for portable fuel containers and spouts sold or 
distributed in Texas. Consumer products sold or distributed in Texas 
must meet national VOC emission standards found in 40 CFR part 59 
subpart C and Texas standards for windshield wiper fluid and portable 
fuel containers found in the Texas Administrative Code, title 30, 
chapter 115, subchapter G.
    Portable fuel containers and spouts sold or distributed in Texas 
that are manufactured on or after December 31, 2004 must comply with 
new requirements. Portable fuel containers must have only one opening 
in the vessel. Spouts for these containers must (1) have an automatic 
shutoff device to prevent spilling, (2) automatically close and seal 
when removed from the fuel tank, and (3) seal without leakage when 
affixed to the portable fuel container vessel. The requirements do not 
apply to (1) containers with a capacity less than or equal to one 
quarter, or greater than ten gallons, (2) safety cans when their use is 
required by the Occupational Safety and Health Administration under 29 
CFR 1926.155(l), and (3) containers filled with fuel by the 
manufacturer prior to sale to consumers and that are not intended for 
reuse as portable fuel containers.

IV. Final Action

    EPA is approving revisions to the Texas SIP pertaining to control 
of VOC emissions from consumer related sources.
    We have evaluated the State's submittal and have determined that it 
meets the applicable requirements of the Clean Air Act and EPA air 
quality regulations, and is consistent with EPA policy. Therefore, we 
are approving revisions to the Texas SIP which amend and add 
regulations to control VOC emissions from consumer related sources.
    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 this 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 April 11, 2005 without 
further notice unless we receive adverse comment by March 14, 2005. If 
we receive 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 
now. Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May

[[Page 7043]]

22, 2001). This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule approves pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children From Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 11, 2005. 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, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.


    Dated: January 31, 2005.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7402 et seq.

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in 
the Texas SIP'' under Chapter 115 (Reg 5) is amended as follows:
0
a. Under the heading ``Subchapter G: Consumer-Related Sources,'' by 
removing the entry for Section 115.600 to 115.619, Consumer Products;
0
b. Immediately following the centered heading ``Subchapter G: Consumer-
Related Sources,'' by adding a new centered heading ``Division 1: 
Automotive Windshield Washer Fluid'' followed by entries for Sections 
115.600, 115.610, 115.612, 115.613, 115.615, 115.616, 115.617, and 
115.619, immediately followed by a new centered heading.''Division 2: 
Portable Fuel Containers' immediately followed by new entries for 
Sections 115.620, 115.621, 115.622, 115.626, 115.627, and 115.629, to 
read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                           State approval/
          State citation                Title/subject      submittal date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
-----------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution from Volatile Organic Compounds
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[[Page 7044]]

 
                                                  * * * * * * *
-----------------------------------
                                     Subchapter G: Consumer-Related Sources
----------------------------------------------------------------------------------------------------------------
                                 Division 1: Automotive Windshield Washer Fluid
----------------------------------------------------------------------------------------------------------------
Section 115.600...................  Consumer Products            01/28/04  02/10/05 [Insert date
                                     Definitions.                           of FR publication].
Section 115.610...................  Applicability........        01/28/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.612...................  Control Requirements.        01/28/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.613...................  Alternate Control            01/28/04  02/10/05 [Insert date
                                     Requirements.                          of FR publication].
Section 115.615...................  Testing Requirements.        01/28/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.616...................  Recordkeeping and            01/28/04  02/10/05 [Insert date
                                     Reporting                              of FR publication].
                                     Requirements.
Section 115.617...................  Exemptions...........        01/28/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.619...................  Counties and                 01/28/04  02/10/05 [Insert date
                                     Compliance Schedules.                  of FR publication].
-----------------------------------
                                      Division 2: Portable Fuel Containers
----------------------------------------------------------------------------------------------------------------
Section 115.620...................  Definitions..........        10/27/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.621...................  Applicability........        10/27/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.622...................  Performance Standards        10/27/04  02/10/05 [Insert date
                                     and Testing                            of FR publication].
                                     Requirements.
Section 115.626...................  Labeling.............        10/27/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.627...................  Exemptions...........        10/27/04  02/10/05 [Insert date
                                                                            of FR publication].
Section 115.629...................  Affected Counties and        10/27/04  02/10/05 [Insert date
                                     Compliance Schedules.                  of FR publication].
-----------------------------------
 
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[FR Doc. 05-2616 Filed 2-9-05; 8:45 am]
BILLING CODE 6560-50-P