[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15769-15774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0008; FRL-7890-4]


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

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 
solvent degreasing processes, cutback asphalt, and motor vehicle fuel 
dispensing facilities. The revisions are consistent with requirements 
for Reasonably Available Control Technology (RACT) and also expand the 
coverage to the Early Action Compact (EAC) areas of Austin-San Marcos 
and San Antonio. We are approving the revisions pursuant to sections 
110, 116 and part D of the Federal Clean Air Act (CAA). The control of 
VOC emissions will help to attain and maintain the national ambient air 
quality standards (NAAQS) for ozone in Texas. This approval will make 
the revised regulations Federally enforceable.

DATES: This rule is effective on May 31, 2005 without further notice, 
unless EPA receives relevant adverse comment by April 28, 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-0008, 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-
0008. 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

[[Page 15770]]

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 Revisions Were Made to the Texas SIP?
III. What Action Is EPA Taking?
IV. What Is the Effect of This Action?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that state air quality 
meets the 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 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 Revisions Were Made to the Texas SIP?

    Revisions made to the SIP amended existing requirements and added 
new requirements to control VOC emissions. The revisions also made a 
variety of changes which (1) clarify and add flexibility to existing 
requirements, (2) correct technical and typographical errors, (3) 
update references to terms and cross references, and (4) delete 
redundant language and language made obsolete by the passing of 
compliance dates.
    The revisions added new requirements to control VOC emissions in 
the Austin-San Marcos and San Antonio EAC areas (30 TAC 115.227). The 
Austin-San Marcos EAC area includes Bastrop, Caldwell, Hays, Travis and 
Williamson Counties. The San Antonio EAC area includes Bexar, Comal, 
Guadalupe and Wilson Counties. Motor vehicle fuel dispensing facilities 
in these areas must meet gasoline vapor recovery control requirements 
no later than December 31, 2005. For these areas the exemption level 
for facilities subject to gasoline vapor recovery controls was lowered 
from those dispensing less than 125,000 gallons of gasoline to those 
dispensing less than 25,000 gallons in a month. Under these 
requirements the vapors from the gasoline station storage tanks must be 
captured as tank-trucks fill these tanks and the vapors returned to the 
tank-truck. This is commonly known as Stage I vapor recovery. The tank-
truck then carries the vapors back to the bulk gasoline plant or 
terminal. To insure the vapors are not lost in transit, the Texas rules 
also include requirements that the gasoline tank-trucks be tested for 
vapor tightness.
    Motor vehicle fuel dispensing facilities in the Beaumont-Port 
Arthur, Dallas-Fort Worth, El Paso, and Houston-Galveston areas are 
subject to new requirements (30 TAC 115.242). The counties in these 
areas are Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort 
Bend, Galveston, Harris, Hardin, Jefferson, Liberty, Montgomery, 
Orange, Tarrant, and Waller. Facilities in these counties that dispense 
10,000 gallons of fuel or more per month are required to operate Stage 
II gasoline vapor recovery systems. Stage II gasoline vapor recovery 
systems control VOC vapor releases during the refueling of motor 
vehicles. This process takes the vapors normally emitted directly into 
the atmosphere when pumping gas and recycles them back into the fuel 
storage tanks, preventing them from polluting the air. The revisions 
updated regulations that ensure that, where required, gasoline vapor 
recovery systems maintain a recovery rate of 95% or greater. Beginning 
April 1, 2005 new Stage II systems must be compatible with onboard 
refueling vapor recovery (ORVR) equipment required on newer vehicles. 
Existing Stage II systems must be upgraded to an ORVR compatible system 
no later than April 1, 2007. This should decrease the amount of excess 
emissions caused by incompatibility between ORVR and Stage II recovery 
systems. Testing of Stage II recovery systems was increased from a 
five-year requirement to a one-year requirement, with the exception of 
the vapor space manifold test and the dynamic back pressure test, which 
are required every three years. The Texas SIP was also revised to 
remove language that could potentially provide a Stage I exemption for 
a facility that is required to have Stage II vapor recovery (30 TAC 
227). All Stage II vapor recovery systems must include Stage I vapor 
recovery in order to operate properly.
    Existing facilities in the San Antonio and Austin Early EAC areas 
that employ solvent using processes for cleaning and degreasing are 
required to implement VOC controls no later than December 31, 2005 (30 
TAC 115 sections 412, 416, 415-417, and 419). These controls were

[[Page 15771]]

already required for new facilities in the State.
    Testing methods used to determine compliance for Texas facilities 
subject to requirements for solvent degreasing were expanded to allow 
use of additional test methods provided the method was validated by EPA 
Test Method 301 found in 40 CFR 63, Appendix A (30 TAC 115.415(3)). 
These methods are used to measure vapor pressure, flow rates, and 
gaseous emissions for solvent degreasing processes. The regulations 
apply to operations that use solvent degreasing processes in the 
Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, Houston-Galveston 1-
hour ozone nonattainment areas, the Austin-San Marcos and San Antonio 
EAC areas, and Gregg, Nueces and Victoria Counties. The Austin-San 
Marcos and San Antonio EAC areas were added in these submitted 
revisions. The revisions also add a minor recordkeeping requirement 
necessary to determine whether solvent degreasing operations in Gregg, 
Nueces, and Victoria Counties are exempt from VOC controls (30 TAC 
115.416(3)). This requirement states that the operator must keep 
records in sufficient detail to document compliance with the exemption 
cutoff limit of 550 pounds of VOC emissions in any consecutive 24-hour 
period.
    The revisions added new requirements for using cutback asphalt in 
the Austin EAC area. Cutback asphalt consists of asphalt cement blended 
with a petroleum solvent. The requirements were already in place for 
the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso and Houston-
Galveston areas (30 TAC 115 sections 512, 516, 517, and 519). The 
requirements state that (1) the use of conventional cutback asphalt 
containing VOC solvents for the paving of roadways, driveways, or 
parking lots is restricted to no more than 7.0% of the total annual 
volume averaged over a two-year period of asphalt used by or specified 
for use by any state, municipal, or county agency who uses or specifies 
the type of asphalt application; and (2) the use, application, sale, or 
offering for sale of conventional cutback asphalt containing VOC 
solvents for paving roadways, driveways, or parking lots is prohibited 
during the period from April 16 to September 15 of any year.

III. 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 in Texas. The revisions were adopted by the State of Texas 
and submitted to EPA on (1) September 7, 2001, (2) November 14, 2002, 
(3) January 28, 2003, and (4) December 6, 2004.
    The revisions submitted to EPA on September 7, 2001 that are being 
approved pertain to control of VOC emissions from degreasing processes 
and cutback asphalt. The EPA previously approved rules for degreasing 
and cutback asphalt into the Texas SIP as meeting RACT requirements for 
the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, Houston-
Galveston, and Victoria 1-hour ozone nonattainment areas on March 7, 
1995 (60 FR 12438). The submitted revisions amended Sec. Sec.  115.412, 
115.413, 115.415, 115.416, 115.417, 115.419, 115.512, 115.517, and 
115.519 in 30 TAC Chapter 115, Control of Air Pollution from Volatile 
Organic Compounds. The revisions made a variety of changes which 
clarify and add flexibility to existing requirements, correct technical 
and typographical errors, update references to terms, and delete 
redundant language and language made obsolete by the passing of 
compliance dates. The revisions expand testing methods used to 
determine compliance for Texas facilities subject to requirements for 
solvent degreasing. The revisions also add a minor recordkeeping 
requirement necessary to determine whether degreasing operations in 
Gregg, Nueces, and Victoria Counties are exempt from VOC controls (30 
TAC 115.416(3)). EPA is approving these revisions under part D of the 
Act because they improve the SIP-approved rules and they are consistent 
with the RACT requirements and guidance for ozone nonattainment areas. 
Other revisions submitted to EPA on September 7, 2001 will be addressed 
in another Federal Register action. See our Technical Support Document 
(TSD) for more information.
    The revisions submitted to EPA on November 14, 2002 that are being 
approved pertain to the control of gasoline vapors from refueling of 
motor vehicles, Stage II, in the Beaumont-Port Arthur, Dallas-Fort 
Worth, El Paso, and Houston 1-hour ozone nonattainment areas. The EPA 
previously approved the Stage II rules for the four 1-hour ozone 
nonattainment areas on April 15, 1994 (59 FR 17940). The submitted 
revisions amended Sec. Sec.  115.227, and 115.240-115.249 in 30 TAC 
115. The revisions ensure that gasoline vapor recovery systems maintain 
a recovery rate of 95% or greater and make new Stage II systems 
compatible with onboard refueling vapor recovery (ORVR) equipment 
required on newer vehicles, beginning April 1, 2005. This should 
decrease the amount of excess emissions caused by incompatibility 
between ORVR and Stage II recovery systems. The revisions also removed 
language that could potentially provide a Stage I exemption for a 
facility that is required to have Stage II vapor recovery. EPA is 
approving these Stage II revisions under part D of the Act because they 
improve the SIP-approved rules and they are consistent with the Stage 
II requirements and guidance for ozone nonattainment areas.
    The revisions submitted to EPA on January 28, 2003 that are being 
approved pertain to the control of VOC emissions from (1) filling of 
gasoline storage vessels for motor vehicle fuel dispensing facilities, 
Stage I, and (2) leaks from the gasoline tank trucks as they return to 
the bulk gasoline plant or terminal. Under the 1990 Amendments, the EPA 
approved revised Texas Stage I rules into the Texas SIP for the 
Houston-Galveston, Dallas-Fort Worth, El Paso, and Beaumont-Port Arthur 
1-hour ozone nonattainment areas on March 7, 1995 (60 FR 12438). The 
EPA approved revisions to these rules covering the eastern half of the 
State of Texas on December 20, 2000 (65 FR 79745) under part D of the 
Act because Texas relied upon these VOC reductions to demonstrate 
attainment of the 1-hour ozone standard in the Beaumont-Port Arthur, 
Dallas-Fort Worth, and Houston-Galveston areas. We also approved them 
under section 110 and 116 because Texas relied upon these rules for the 
continued maintenance of the standard in the eastern half of the State 
of Texas and as a strengthening of the Texas SIP. The submitted 
revisions amended Sec. Sec.  115.229, 115.239, in 30 TAC 115. The 
revisions made a variety of changes which clarify existing 
requirements, update cross references and delete language made obsolete 
by the passing of compliance dates. We are approving these revisions 
under part D and sections 110 and 116 because they improve the SIP-
approved rules and they are consistent with the requirements and 
guidance. Other revisions submitted to EPA on January 28, 2003 will be 
addressed in another Federal Register action. See our TSD for more 
information.
    The revisions submitted to EPA on December 6, 2004 that are being 
approved pertain to the control of VOC emissions in Austin-San Marcos 
and San Antonio EAC areas. An EAC is a voluntary plan to meet the 
national 8-hour ambient air quality ozone standard for an area that is 
approaching or monitoring exceedances of the standard. The Austin-San 
Marcos EAC area includes Bastrop, Caldwell, Hays, Travis

[[Page 15772]]

and Williamson Counties. The San Antonio EAC area includes Bexar, 
Comal, Guadalupe and Wilson Counties. The submitted revisions amended 
Sec. Sec.  115.227, 115.229, 115.412, 115.413, 115.415-115.417, 
115.419, 115.512, 115.516, 115.517, and 115.519 in 30 TAC 115. These 
revisions lowered the applicability threshold for Stage I and added the 
degreasing VOC requirements in the two areas, and added the cutback 
asphalt VOC requirements in the Austin EAC area.

IV. What Is the Effect of This Action?

    This action approves revisions to the Texas SIP that pertain to 
regulations to control VOC emissions. 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 CAA.

V. Final Action

    EPA is approving revisions to the Texas SIP pertaining to control 
of VOC emissions. The revisions were submitted to EPA by the State of 
Texas on (1) September 7, 2001, (2) November 14, 2002, (3) January 28, 
2003 and (4) December 6, 2004. The revisions being approved are 
Sec. Sec.  115.227, 115.229, 115.239-115.249, 115.412, 115.413, 
115.415-115.417, 115.419, 115.512, 115.516, 115.517, and 115.519 in 30 
TAC Chapter 115, Control of Air Pollution from Volatile Organic 
Compounds.
    We have evaluated the State's submittal and have determined that it 
meets the applicable requirements of the CAA and EPA air quality 
regulations, and is consistent with EPA policy. Therefore, we are 
approving revisions to the Texas SIP which revise regulations to 
control VOC emissions.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant 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 relevant adverse 
comments are received. This rule will be effective on May 31, 2005 
without further notice unless we receive relevant adverse comment by 
April 28, 2005. If we receive relevant 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.

VI. 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 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. section 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. 
section 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 May 31, 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).)

[[Page 15773]]

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 18, 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. Immediately following the centered heading ``Subchapter E: Solvent-
Using Processes'' by adding a new centered heading ``Division 1: 
Degreasing Processes'';
0
b. Removing the entry ``Section 115.412 to 115.419'' in Subchapter E 
and replacing it with entries for Sections 115.412, 115.413, 115.415, 
115.416, 115.417 and 115.419;
0
c. Removing the ``State approval/Submittal date'' and ``EPA approval 
date'' entries for Sections 115.227, 115.229, 115.239, 115.512, 
115.516, 115.517, and 115.519 and replacing the entries as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                   EPA.--Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State approval/
        State citation              Title/subject         submittal date       EPA approval date     Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                 * * * * * * *
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Subchapter C: Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
     Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
------------------------------
Section 115.227..............  Exemptions.............  11/17/04..........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.229..............  Counties and Compliance  11/17/04..........  3/29/05 [Insert FR page
                                Schedule.                                    number where document
                                                                             begins].
------------------------------
 
                                                  * * * * * * *
------------------------------
                  Division 3: Control of Volatile Organic Compound Leaks From Transport Vessels
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 115.239..............  Counties and Compliance  1/28/03...........  3/29/05 [Insert FR page
                                Schedules.                                   number where document
                                                                             begins].
------------------------------
 
                                                  * * * * * * *
------------------------------
    Division 4: Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.240..............  Stage II Vapor Recovery  11/6/02...........  3/29/05 [Insert FR page
                                Definitions and List                         number where document
                                of California Air                            begins].
                                Resources Board
                                Certified Stage II
                                Equipment.
Section 115.241..............  Emission Specifications  11/6/02...........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.242..............  Control Requirements...  11/6/02...........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.243..............  Alternate Control        11/6/02...........  3/29/05 [Insert FR page
                                Requirements.                                number where document
                                                                             begins].
Section 115.244..............  Inspection Requirements  11/6/02...........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.245..............  Testing Requirements...  11/6/02...........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.246..............  Recordkeeping            11/6/02...........  3/29/05 [Insert FR page
                                Requirements.                                number where document
                                                                             begins].
Section 115.247..............  Exemptions.............  11/6/02...........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.248..............  Training Requirements..  11/6/02...........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].

[[Page 15774]]

 
Section 115.249..............  Counties and Compliance  11/6/02...........  3/29/05 [Insert FR page
                                Schedules.                                   number where document
                                                                             begins].
------------------------------
 
                                                  * * * * * * *
------------------------------
                                      Subchapter E: Solvent-Using Processes
----------------------------------------------------------------------------------------------------------------
                                        Division 1: Degreasing Processes
----------------------------------------------------------------------------------------------------------------
Section 115.412..............  Control Requirements...  11/17/04..........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.413..............  Alternate Control        11/17/04..........  3/29/05 [Insert FR page
                                Requirements.                                number where document
                                                                             begins].
Section 115.415..............  Testing Requirements...  11/17/04..........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.416..............  Recordkeeping            11/17/04..........  3/29/05 [Insert FR page
                                Requirements.                                number where document
                                                                             begins].
Section 115.417..............  Exemptions.............  11/17/04..........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.419..............  Counties and Compliance  11/17/04..........  3/29/05 [Insert FR page
                                Schedules.                                   number where document
                                                                             begins].
------------------------------
 
                                                  * * * * * * *
------------------------------
                                 Subchapter F: Miscellaneous Industrial Sources
----------------------------------------------------------------------------------------------------------------
                                           Division 1: Cutback Asphalt
----------------------------------------------------------------------------------------------------------------
Section 115.512..............  Control Requirements...  11/17/04..........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.516..............  Recordkeeping            11/17/04..........  3/29/05 [Insert FR page
                                Requirements.                                number where document
                                                                             begins].
Section 115.517..............  Exemptions.............  11/17/04..........  3/29/05 [Insert FR page
                                                                             number where document
                                                                             begins].
Section 115.519..............  Counties and Compliance  11/17/04..........  3/29/05 [Insert FR page
                                Schedules.                                   number where document
                                                                             begins].
 
                                                  * * * * * * *
------------------------------
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-6196 Filed 3-28-05; 8:45 am]
BILLING CODE 6560-50-P