80 FR 16291 - Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 59 (March 27, 2015)
Federal Register Volume 80, Issue 59 (March 27, 2015)
| Page Range | 16291-16296 | |
| FR Document | 2015-06847 |
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)] [Rules and Regulations] [Pages 16291-16296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06847] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2013-0804; FRL-9925-13-Region 6] Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing its proposal to approve revisions to the Texas State Implementation Plan (SIP) for the Houston/Galveston/Brazoria (HGB) and Dallas Fort Worth (DFW) 1997 8-Hour ozone nonattainment areas. The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. The DFW area consists of Collin, Dallas, [[Page 16292]] Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant counties. Specifically, we are approving portions of multiple revisions to the Texas SIP submitted by the Texas Commission on Environmental Quality (TCEQ) as meeting Reasonably Available Control Technology (RACT) requirements. The RACT requirements apply to sources of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOx) in these areas. This action is in accordance with the federal Clean Air Act (the Act, CAA). DATES: This rule will be effective on April 27, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2013-0804. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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 docket materials are available either electronically through www.regulations.gov or in hard copy 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. FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6PD-L), telephone (214) 665-2164, email shar.alan@epa.gov. To schedule an appointment contact Alan Shar. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA. Outline I. Background II. Public Comments III. Submittals IV. Negative Declarations V. Final Actions VI. Incorporation by Reference VII. Statutory and Executive Order Reviews I. Background On January 21, 2014 (80 FR 2846) we proposed to approve revisions to the Texas SIP that the TCEQ submitted to EPA in multiple RACT- related rule revisions dated December 6, 2013, January 17, 2012, June 13, 2007, as well as the RACT analysis portions of attainment demonstration plans of January 17, 2012, April 6, 2010, and June 13, 2007 for the DFW and HGB areas. Details of these submittals and their evaluation were explained in our proposal, and its corresponding Technical Supporting Document. A summary of these submittals is described in section III. On August 4, 2014 (79 FR 45105) we approved RACT for the Offset Lithographic Printing Operations in the DFW (Serious) and HGB (Severe) areas. See docket No. EPA-R06-OAR-2010-0332 at www.regulations.gov. Also, on September 9, 2014 (79 FR 53299) we approved revisions to 30 TAC Chapter 115 for control of VOC emissions for storage tanks in the DFW (Serious) and HGB (Severe) areas. See docket No. EPA-R06-OAR-2012- 0096 at www.regulations.gov. II. Public Comments The public comment period for the January 21, 2015 (80 FR 2846) proposal expired on February 20, 2015, and we did not receive any comments on the proposed actions during this period. Therefore, we are approving the January 21, 2015 (80 FR 2846) proposal without any changes into the Texas SIP. III. Submittals The December 6, 2013 submittal concerned rule revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile Organic Compounds for solvent using processes and surface coating application systems. We are approving all of this submittal into the Texas SIP. The January 17, 2012 submittal concerned rule revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile Organic Compounds intended to implement RACT for both HGB and DFW areas. The submittal will limit VOC content of coatings and solvents used in Flexible Package Printing, Industrial Cleaning Solvents, Large Appliance Coatings, Metal Furniture Coatings, Paper, Film, and Foil Coatings, Miscellaneous Industrial Adhesives, Automobile and Light-Duty Truck Assembly Coatings, and Miscellaneous Metal and Plastic Parts Coatings operations. We are approving all of this submittal into the Texas SIP. Another submittal also dated January 17, 2012 contained a corresponding analysis to demonstrate RACT is in place for multiple source categories in the HGB area. We are approving that RACT is in place for the source categories listed in the paragraph above, and we are approving the Flexographic and Rotogravure Printing sector for the HGB area of the RACT-related rule revisions which had not been previously approved. A third SIP submittal dated January 17, 2012 contained RACT analysis for the DFW area. As a result of this submittal, and consistent with section 182(c) of the Act, the VOC or NOx major source threshold in the DFW area is lowered to 50 Tons Per Year (TPY) from 100 TPY for RACT purposes under the 1997 8-Hour ozone standard. See EPA- R06-OAR-2012-0098 at www.regulations.gov. We are approving the RACT analysis portion of this submittal. The April 6, 2010 attainment demonstration submittal, among other things, concerned revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile Organic Compounds for control of ozone pollution in the HGB area. Appendix D of this attainment demonstration plan was titled ``Reasonably Available Control Technology Analysis,'' and included source categories affected by the newly EPA-issued Control Techniques Guidelines (CTGs), and NOx emissions sources. We are approving the RACT analysis portion of this submittal. The June 13, 2007 attainment demonstration submittal concerned revisions to 30 TAC, Chapter 115 Control of Air Pollution from Volatile Organic Compounds. The June 13, 2007 submittal included an analysis intended to demonstrate RACT was being implemented in the HGB area as required by the CAA (Appendix B of the submittal). We are approving the RACT analysis portion of this submittal. The submittals concerning these nonattainment areas are available at www.regulations.gov, docket ID No. EPA-R06-OAR-2013-0804 under the ``supporting and related materials.'' We are approving the above-mentioned revisions, as well as confirming the RACT finding for revisions previously approved for Texas, into the Texas SIP. We are approving Texas' RACT analysis as meeting the RACT requirements for all affected VOC and NOx sources for the DFW and HGB areas for the 1997 8-Hour ozone standard. IV. Negative Declarations The January 21, 2015 (80 FR 2846) proposal included a list of source categories that do not operate within these nonattainment areas. For the DFW area, Texas declared that there were no fiberglass boat manufacturing materials, ship building and ship repair coating, leather tanning and finishing, surface coating for flat wood paneling, vegetable oil manufacturing, plywood veneer dryers, [[Page 16293]] rubber tire manufacturing, and batch processes operations. We are approving the VOC RACT negative declaration for these operations in the DFW area. For the HGB area, on April 15, 2014 (79 FR 21144), we approved the VOC RACT negative declarations for fiberglass boat manufacturing materials, leather tanning and finishing, surface coating for flat wood paneling, letterpress printing, automobile and light-duty truck assembly coating, rubber tire manufacturing, and vegetable oil manufacturing operations. See 40 CFR 52.2270(e). However, if a major source of these categories locates in these nonattainment areas in future, then TCEQ will need to take appropriate regulatory measures. V. Final Actions We are approving rule revisions to sections 30 TAC chapter 115.422, 115.427, 115.429, 115.430, 115.432, 115.433, 115.435, 115.436, and 115.439 implementing controls on the following source categories: Flat Wood Paneling Coatings, Flexible Packaging Printing Materials, Industrial Cleaning Solvents, Offset Lithographic and Letterpress Printing, Large Appliance Coatings, Metal Furniture Coatings, Paper, Film, and Foil Coatings, Auto and Light-Duty Truck Assembly Coatings, Fiberglass Boat Manufacturing Materials, Miscellaneous Industrial Adhesives, and Miscellaneous Metal and Plastic Parts Coatings. We are approving new sections 30 TAC chapter 115.431, 115.450, 115.451, 115.453-115.455, 115.458-115.461, 115.463-115.465, 115.468- 115.471, 115.473-115.475, 115.478, and 115.479 implementing controls on the source categories listed above. We are approving repeal of section 30 TAC chapter 115.437. We are approving to find that for VOC CTG categories identified above, Texas has RACT-level controls in place for the HGB and DFW areas under the 1997 8-Hour ozone standard. We are approving to find that Texas has RACT-level controls in place for the Flexographic and Rotogravure Printing operations for the HGB area. We are approving the negative declarations as explained in section IV of this action. We are approving NOx RACT for the DFW area under the 1997 8-Hour ozone standard. In consideration of the above rule revisions, as well as the rule revisions previously approved and the rules in 30 TAC Chapters 115 and 117, we are approving that, Texas is implementing RACT for all affected VOC and NOx sources in the HGB and DFW areas under the 1997 8-Hour ozone standard. We are approving these revisions in accordance with sections 110, 182, and 183 of the federal CAA. The EPA had previously approved RACT for all affected NOx sources for the HGB area under the 1997 8-Hour ozone standard. The EPA had previously approved RACT for all affected VOC and NOx sources into Texas' SIP under the 1-Hour ozone standard. VI. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.4, we are finalizing the incorporation by reference of the revisions to the Texas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulation.gov, Docket ID. No. EPA-R06-OAR-2013-0804. VII. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. If a portion of the plan revision meets all the applicable requirements of this chapter and Federal regulations, the Administrator may approve the plan revision in part. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices that meet the criteria of the Act, and to disapprove state choices that do not meet the criteria of the Act. Accordingly, this final action approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this final action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 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); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994); and Does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 26, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposed 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).) Authority: 42 U.S.C. 7401 et seq. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 16, 2015. Samuel Coleman, Acting Regional Administrator, Region 6. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: [[Page 16294]] PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart SS--Texas 0 2. In Sec. 52.2270: 0 a. In paragraph (c), the table is amended under Chapter 115 (Reg 5) as follows: 0 i. Revising the entries for Sections 115.422, 115.427, and 115.429 under ``Subchapter E--Solvent Using--Process,'' ``Division 2: Surface Coating Processes''. 0 ii. Adding new entry for Section 115.431 in numerical order under ``Subchapter E--Solvent Using--Process,'' ``Division 3: Flexographic and Rotogravure Printing''. 0 iii. Removing the entry for Section 115.437 under ``Subchapter E-- Solvent Using--Process,'' ``Division 3: Flexographic and Rotogravure Printing''. 0 iv. Revising the entries for Sections 115.430, 115.432, 115.433, 115.435, 115.436, and 115.439 under ``Subchapter E--Solvent Using-- Process,'' ``Division 3: Flexographic and Rotogravure Printing''. 0 v. Adding new entries for Sections 115.450, 115.451, 115.453, 115.454, 115.455, 115.458, 115.459 under ``Subchapter E--Solvent Using-- Process,'' ``Division 5: Control Requirements for Surface Coating Processes''. 0 vi. Adding new entries for Sections 115.460, 115.461, 115.463, 115.464, 115.465, 115.468, and 115.469, under ``Subchapter E--Solvent Using-- Process,'' ``Division 6: Industrial Cleaning Solvents''. 0 vii. Adding new entries for Sections 115.470, 115.471, 115.473, 115.474, 115.475, 115.478, and 115.479 under ``Subchapter E--Solvent Using--Process,'' ``Division 7: Miscellaneous Industrial Adhesives''. 0 b. In paragraph (e), the table titled ``EPA approved nonregulatory provisions and quasi-regulatory measures in the Texas SIP'' is amended by adding four new entries at the end. The revisions and additions read 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 E--Solvent-Using Processes ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 2: Surface Coating Processes ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 115.422................. Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. * * * * * * * Section 115.427................. Exemptions......... 01/17/12 3/27/15 [Insert FR citation]. Section 115.429................. Counties and 01/17/12 3/27/15 [Insert FR Compliance citation]. Schedules. ---------------------------------------------------------------------------------------------------------------- Division 3: Flexographic and Rotogravure Printing ---------------------------------------------------------------------------------------------------------------- Section 115.430................. Applicability and 01/17/12 3/27/15 [Insert FR Definitions. citation]. Section 115.431................. Exemptions......... 01/17/12 3/27/15 [Insert FR citation]. Section 115.432................. Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.433................. Alternate Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.435................. Testing 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.436................. Monitoring and 01/17/12 3/27/15 [Insert FR Recordkeeping citation]. Requirements. Section 115.439................. Counties and 01/17/12 3/27/15 [Insert FR Compliance citation]. Schedules. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Division 5: Control Requirements for Surface Coating Processes ---------------------------------------------------------------------------------------------------------------- Section 115.450................. Applicability and 01/17/12 3/27/15 [Insert FR Definitions. citation]. Section 115.451................. Exemptions......... 01/17/12 3/27/15 [Insert FR citation]. Section 115.453................. Control 12/6/13 3/27/15 [Insert FR Requirements. citation]. Section 115.454................. Alternate Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.455................. Approved Test 01/17/12 3/27/15 [Insert FR Methods and citation]. Testing Requirements. [[Page 16295]] Section 115.458................. Monitoring and 01/17/12 3/27/15 [Insert FR Recordkeeping citation]. Requirements. Section 115.459................. Compliance 01/17/12 3/27/15 [Insert FR Schedules. citation]. ---------------------------------------------------------------------------------------------------------------- Division 6: Industrial Cleaning Solvents ---------------------------------------------------------------------------------------------------------------- Section 115.460................. Applicability and 01/17/12 3/27/15 [Insert FR Definitions. citation]. Section 115.461................. Exemptions......... 01/17/12 3/27/15 [Insert FR citation]. Section 115.463................. Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.464................. Alternate Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.465................. Approved Test 01/17/12 3/27/15 [Insert FR Methods and citation]. Testing Requirements. Section 115.468................. Monitoring and 01/17/12 3/27/15 [Insert FR Recordkeeping citation]. Requirements. Section 115.469................. Compliance 01/17/12 3/27/15 [Insert FR Schedules. citation]. ---------------------------------------------------------------------------------------------------------------- Division 7: Miscellaneous Industrial Adhesives ---------------------------------------------------------------------------------------------------------------- Section 115.470................. Applicability and 01/17/12 3/27/15 [Insert FR Definitions. citation]. Section 115.471................. Exemptions......... 01/17/12 3/27/15 [Insert FR citation]. Section 115.473................. Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.474................. Alternate Control 01/17/12 3/27/15 [Insert FR Requirements. citation]. Section 115.475................. Approved Test 01/17/12 3/27/15 [Insert FR Methods and citation]. Testing Requirements. Section 115.478................. Monitoring and 01/17/12 3/27/15 [Insert FR Recordkeeping citation]. Requirements. Section 115.479................. Compliance 01/17/12 3/27/15 [Insert FR Schedules. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ Name of SIP provision Applicable geographic submittal EPA Approval date Comments or non-attainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * NOX RACT finding for the 1997 8- Collin, Dallas, Denton, 01/17/12 3/27/15 [Insert FR DFW as Moderate hour ozone NAAQS. Tarrant, Ellis, citation]. and Serious. Johnson, Kaufman, Parker, and Rockwall Counties, TX. VOC RACT finding of negative Collin, Dallas, Denton, 01/17/12 3/27/15 [Insert FR DFW as Moderate declaration for Fiberglass Tarrant, Ellis, citation]. and Serious. Boat Manufacturing Materials, Johnson, Kaufman, Ship Building and Ship Repair Parker, and Rockwall Coating, Leather Tanning and Counties, TX. Finishing, Surface Coating for Flat Wood Paneling, Vegetable Oil Manufacturing, Letterpress Printing, Plywood Veneer Dryers, Rubber Tire Manufacturing, and Batch Processes Operations. VOC RACT finding for all Collin, Dallas, Denton, 01/17/12 3/27/15 [Insert FR DFW as Moderate sectors under the 1997 8-hour Tarrant, Ellis, citation]. and Serious. ozone NAAQS, including the Johnson, Kaufman, 2006-2008 EPA-issued CTG Parker, and Rockwall series and non-CTG major Counties, TX. sources. VOC RACT finding for all Brazoria, Chambers, 01/17/12 3/27/15 [Insert FR HGB as Severe. sectors under the 1997 8-hour Fort Bend, Galveston, citation]. ozone NAAQS, including the Harris, Liberty, 2006-2008 EPA-issued CTG Montgomery and Waller series and non-CTG major Counties, TX. sources. ---------------------------------------------------------------------------------------------------------------- [[Page 16296]] * * * * * [FR Doc. 2015-06847 Filed 3-26-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16291
accordance with requirements of 1 CFR disproportionate human health or requirements, Volatile organic
51.5, the EPA is finalizing the environmental effects with practical, compounds.
incorporation by reference of the appropriate, and legally permissible Dated: February 27, 2015.
PCAPCD and VCAPCD rules described methods under Executive Order 12898 Jared Blumenfeld,
in the amendments to 40 CFR 52 set (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on Regional Administrator, Region IX.
forth below. The EPA has made, and
will continue to make, these documents any Indian reservation land or in any Part 52, Chapter I, Title 40 of the Code
available electronically through other area where EPA or an Indian tribe of Federal Regulations is amended as
www.regulations.gov and in hard copy has demonstrated that a tribe has follows:
at the appropriate EPA office (see the jurisdiction. In those areas of Indian
ADDRESSES section of this preamble for country, the rule does not have tribal PART 52—APPROVAL AND
more information). implications and will not impose PROMULGATION OF
substantial direct costs on tribal IMPLEMENTATION PLANS
IV. Statutory and Executive Order governments or preempt tribal law as
Reviews specified by Executive Order 13175 (65 ■ 1. The authority citation for Part 52
Under the Clean Air Act, the FR 67249, November 9, 2000). continues to read as follows:
Administrator is required to approve a The Congressional Review Act, 5 Authority: 42 U.S.C. 7401 et seq.
SIP submission that complies with the U.S.C. 801 et seq., as added by the Small
provisions of the Act and applicable Business Regulatory Enforcement Subpart F—California
Federal regulations. 42 U.S.C. 7410(k); Fairness Act of 1996, generally provides
that before a rule may take effect, the ■ 2. Section 52.220 is amended by
40 CFR 52.02(a). Thus, in reviewing SIP
agency promulgating the rule must adding paragraphs (c)(441)(i)(B)(3) and
submissions, EPA’s role is to approve
submit a rule report, which includes a (c)(441)(i)(C)(2) to read as follows:
State choices, provided that they meet
the criteria of the Clean Air Act. copy of the rule, to each House of the § 52.220 Identification of plan.
Accordingly, this action merely Congress and to the Comptroller General
* * * * *
approves State law as meeting Federal of the United States. EPA will submit a (c) * * *
requirements and does not impose report containing this action and other (441) * * *
additional requirements beyond those required information to the U.S. Senate, (i) * * *
imposed by State law. For that reason, the U.S. House of Representatives, and (B) * * *
this action: the Comptroller General of the United (3) Rule 249, ‘‘Surface Coating of
• Is not a ‘‘significant regulatory States prior to publication of the rule in Plastic Parts and Products,’’ adopted on
action’’ subject to review by the Office the Federal Register. A major rule August 8, 2013.
of Management and Budget under cannot take effect until 60 days after it (C) * * *
Executive Order 12866 (58 FR 51735, is published in the Federal Register. (2) Metalworking Fluids and Direct-
October 4, 1993); This action is not a ‘‘major rule’’ as Contact Lubricants,’’ adopted on
• Does not impose an information defined by 5 U.S.C. 804(2). November 12, 2013.
collection burden under the provisions Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of * * * * *
of the Paperwork Reduction Act (44 [FR Doc. 2015–06858 Filed 3–26–15; 8:45 am]
U.S.C. 3501 et seq.); this action must be filed in the United
BILLING CODE 6560–50–P
• Is certified as not having a States Court of Appeals for the
significant economic impact on a appropriate circuit by May 26, 2015.
substantial number of small entities Filing a petition for reconsideration by ENVIRONMENTAL PROTECTION
under the Regulatory Flexibility Act (5 the Administrator of this final rule does AGENCY
U.S.C. 601 et seq.); not affect the finality of this action for
• Does not contain any unfunded the purposes of judicial review nor does 40 CFR Part 52
mandate or significantly or uniquely it extend the time within which a
petition for judicial review may be filed, [EPA–R06–OAR–2013–0804; FRL–9925–13–
affect small governments, as described Region 6]
in the Unfunded Mandates Reform Act and shall not postpone the effectiveness
of 1995 (Pub. L. 104–4); of such rule or action. Parties with Approval and Promulgation of
• Does not have Federalism objections to this direct final rule are Implementation Plans; Texas;
implications as specified in Executive encouraged to file a comment in Reasonably Available Control
Order 13132 (64 FR 43255, August 10, response to the parallel notice of Technology for the 1997 8-Hour Ozone
1999); proposed rulemaking for this action National Ambient Air Quality Standard
• Is not an economically significant published in the Proposed Rules section
regulatory action based on health or of today’s Federal Register, rather than AGENCY: Environmental Protection
safety risks subject to Executive Order file an immediate petition for judicial Agency (EPA).
13045 (62 FR 19885, April 23, 1997); review of this direct final rule, so that ACTION: Final rule.
• Is not a significant regulatory action EPA can withdraw this direct final rule
subject to Executive Order 13211 (66 FR and address the comment in the SUMMARY: The Environmental Protection
28355, May 22, 2001); proposed rulemaking. This action may Agency (EPA) is finalizing its proposal
• Is not subject to requirements of not be challenged later in proceedings to to approve revisions to the Texas State
asabaliauskas on DSK5VPTVN1PROD with RULES
Section 12(d) of the National enforce its requirements (see section Implementation Plan (SIP) for the
Technology Transfer and Advancement 307(b)(2)). Houston/Galveston/Brazoria (HGB) and
Act of 1995 (15 U.S.C. 272 note) because Dallas Fort Worth (DFW) 1997 8-Hour
application of those requirements would List of Subjects in 40 CFR Part 52 ozone nonattainment areas. The HGB
be inconsistent with the Clean Air Act; Environmental protection, Air area consists of Brazoria, Chambers, Fort
and pollution control, Incorporation by Bend, Galveston, Harris, Liberty,
• Does not provide EPA with the reference, Intergovernmental relations, Montgomery and Waller counties. The
discretionary authority to address Ozone, Reporting and recordkeeping DFW area consists of Collin, Dallas,
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![16294 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations
PART 52—APPROVAL AND Process,’’ ‘‘Division 3: Flexographic and 115.465, 115.468, and 115.469, under
PROMULGATION OF Rotogravure Printing’’. ‘‘Subchapter E—Solvent Using—
IMPLEMENTATION PLANS ■ iii. Removing the entry for Section Process,’’ ‘‘Division 6: Industrial
115.437 under ‘‘Subchapter E—Solvent Cleaning Solvents’’.
■ 1. The authority citation for Part 52 Using—Process,’’ ‘‘Division 3: ■ vii. Adding new entries for Sections
continues to read as follows: Flexographic and Rotogravure Printing’’. 115.470, 115.471, 115.473, 115.474,
Authority: 42 U.S.C. 7401 et seq. ■ iv. Revising the entries for Sections 115.475, 115.478, and 115.479 under
115.430, 115.432, 115.433, 115.435, ‘‘Subchapter E—Solvent Using—
Subpart SS—Texas 115.436, and 115.439 under Process,’’ ‘‘Division 7: Miscellaneous
‘‘Subchapter E—Solvent Using— Industrial Adhesives’’.
■ 2. In § 52.2270:
■ a. In paragraph (c), the table is Process,’’ ‘‘Division 3: Flexographic and ■ b. In paragraph (e), the table titled
amended under Chapter 115 (Reg 5) as Rotogravure Printing’’. ‘‘EPA approved nonregulatory
follows: ■ v. Adding new entries for Sections provisions and quasi-regulatory
■ i. Revising the entries for Sections 115.450, 115.451, 115.453, 115.454, measures in the Texas SIP’’ is amended
115.422, 115.427, and 115.429 under 115.455, 115.458, 115.459 under by adding four new entries at the end.
‘‘Subchapter E—Solvent Using— ‘‘Subchapter E—Solvent Using— The revisions and additions read as
Process,’’ ‘‘Division 2: Surface Coating Process,’’ ‘‘Division 5: Control follows:
Processes’’. Requirements for Surface Coating
■ ii. Adding new entry for Section Processes’’. § 52.2270 Identification of plan.
115.431 in numerical order under ■ vi. Adding new entries for Sections * * * * *
‘‘Subchapter E—Solvent Using— 115.460, 115.461, 115.463, 115.464, (c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State ap-
State citation Title/Subject proval/sub- EPA Approval date Explanation
mittal date
* * * * * * *
Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds
* * * * * * *
Subchapter E—Solvent-Using Processes
* * * * * * *
Division 2: Surface Coating Processes
* * * * * * *
Section 115.422 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation].
* * * * * * *
Section 115.427 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.429 ............................... Counties and Compliance Sched- 01/17/12 3/27/15 [Insert FR citation].
ules.
Division 3: Flexographic and Rotogravure Printing
Section 115.430 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation].
Section 115.431 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.432 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.433 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation].
Section 115.435 ............................... Testing Requirements ..................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.436 ............................... Monitoring and Recordkeeping Re- 01/17/12 3/27/15 [Insert FR citation].
quirements.
Section 115.439 ............................... Counties and Compliance Sched- 01/17/12 3/27/15 [Insert FR citation].
ules.
* * * * * * *
asabaliauskas on DSK5VPTVN1PROD with RULES
Division 5: Control Requirements for Surface Coating Processes
Section 115.450 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation].
Section 115.451 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.453 ............................... Control Requirements ..................... 12/6/13 3/27/15 [Insert FR citation].
Section 115.454 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation].
Section 115.455 ............................... Approved Test Methods and Test- 01/17/12 3/27/15 [Insert FR citation].
ing Requirements.
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![Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16295
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State ap-
State citation Title/Subject proval/sub- EPA Approval date Explanation
mittal date
Section 115.458 ............................... Monitoring and Recordkeeping Re- 01/17/12 3/27/15 [Insert FR citation].
quirements.
Section 115.459 ............................... Compliance Schedules ................... 01/17/12 3/27/15 [Insert FR citation].
Division 6: Industrial Cleaning Solvents
Section 115.460 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation].
Section 115.461 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.463 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.464 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation].
Section 115.465 ............................... Approved Test Methods and Test- 01/17/12 3/27/15 [Insert FR citation].
ing Requirements.
Section 115.468 ............................... Monitoring and Recordkeeping Re- 01/17/12 3/27/15 [Insert FR citation].
quirements.
Section 115.469 ............................... Compliance Schedules ................... 01/17/12 3/27/15 [Insert FR citation].
Division 7: Miscellaneous Industrial Adhesives
Section 115.470 ............................... Applicability and Definitions ............ 01/17/12 3/27/15 [Insert FR citation].
Section 115.471 ............................... Exemptions ..................................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.473 ............................... Control Requirements ..................... 01/17/12 3/27/15 [Insert FR citation].
Section 115.474 ............................... Alternate Control Requirements ..... 01/17/12 3/27/15 [Insert FR citation].
Section 115.475 ............................... Approved Test Methods and Test- 01/17/12 3/27/15 [Insert FR citation].
ing Requirements.
Section 115.478 ............................... Monitoring and Recordkeeping Re- 01/17/12 3/27/15 [Insert FR citation].
quirements.
Section 115.479 ............................... Compliance Schedules ................... 01/17/12 3/27/15 [Insert FR citation].
* * * * * * *
* * * * * (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable
Name of SIP provision approval/ EPA Approval date Comments
geographic or non-attainment area submittal date
* * * * * * *
NOX RACT finding for the 1997 8-hour Collin, Dallas, Denton, Tarrant, Ellis, 01/17/12 3/27/15 [Insert FR DFW as Moderate
ozone NAAQS. Johnson, Kaufman, Parker, and citation]. and Serious.
Rockwall Counties, TX.
VOC RACT finding of negative declara- Collin, Dallas, Denton, Tarrant, Ellis, 01/17/12 3/27/15 [Insert FR DFW as Moderate
tion for Fiberglass Boat Manufacturing Johnson, Kaufman, Parker, and citation]. and Serious.
Materials, Ship Building and Ship Re- Rockwall Counties, TX.
pair Coating, Leather Tanning and
Finishing, Surface Coating for Flat
Wood Paneling, Vegetable Oil Manu-
facturing, Letterpress Printing, Ply-
wood Veneer Dryers, Rubber Tire
Manufacturing, and Batch Processes
Operations.
VOC RACT finding for all sectors under Collin, Dallas, Denton, Tarrant, Ellis, 01/17/12 3/27/15 [Insert FR DFW as Moderate
the 1997 8-hour ozone NAAQS, in- Johnson, Kaufman, Parker, and citation]. and Serious.
cluding the 2006–2008 EPA-issued Rockwall Counties, TX.
CTG series and non-CTG major
sources.
VOC RACT finding for all sectors under Brazoria, Chambers, Fort Bend, Gal- 01/17/12 3/27/15 [Insert FR HGB as Severe.
the 1997 8-hour ozone NAAQS, in- veston, Harris, Liberty, Montgomery citation].
asabaliauskas on DSK5VPTVN1PROD with RULES
cluding the 2006–2008 EPA-issued and Waller Counties, TX.
CTG series and non-CTG major
sources.
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![16296 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations
* * * * * pesticide manufacturer. The following • Mail: OPP Docket, Environmental
[FR Doc. 2015–06847 Filed 3–26–15; 8:45 am] list of North American Industrial Protection Agency Docket Center (EPA/
BILLING CODE 6560–50–P Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave.
not intended to be exhaustive, but rather NW., Washington, DC 20460–0001.
provides a guide to help readers • Hand Delivery: To make special
ENVIRONMENTAL PROTECTION determine whether this document arrangements for hand delivery or
AGENCY applies to them. Potentially affected delivery of boxed information, please
entities may include: follow the instructions at http://
40 CFR Part 180 • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html.
[EPA–HQ–OPP–2014–0209; FRL–9924–60] • Animal production (NAICS code Additional instructions on
112). commenting or visiting the docket,
Deltamethrin; Pesticide Tolerances • Food manufacturing (NAICS code along with more information about
AGENCY: Environmental Protection 311). dockets generally, is available at
Agency (EPA). • Pesticide manufacturing (NAICS http://www.epa.gov/dockets.
ACTION: Final rule. code 32532).
II. Summary of Petitioned-For
B. How can I get electronic access to Tolerance
SUMMARY: This regulation establishes
other related information?
tolerances for residues of the insecticide In the Federal Register of January 28,
deltamethrin in or on all food and feed You may access a frequently updated 2015 (80 FR 4527) (FRL–9921–60), EPA
commodities from use of deltamethrin electronic version of EPA’s tolerance issued a document pursuant to FFDCA
as a wide-area mosquito adulticide. regulations at 40 CFR part 180 through section 408(d)(3), 21 U.S.C. 346a(d)(3),
Bayer CropScience requested these the Government Printing Office’s e-CFR announcing the filing of a pesticide
tolerances under the Federal Food, site at http://www.ecfr.gov/cgi-bin/text- petition (PP [3F8210]) by Bayer
Drug, and Cosmetic Act (FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ CropScience, 2 T.W. Alexander Dr.,
DATES: This regulation is effective 40tab_02.tpl. Research Triangle Park, NC 27709. The
March 27, 2015. Objections and requests petition requested that 40 CFR 180.435
C. How can I file an objection or hearing
for hearings must be received on or be amended by establishing a tolerance
request?
before May 26, 2015, and must be filed for residues of the insecticide
in accordance with the instructions Under FFDCA section 408(g), 21 deltamethrin, (1R,3R)-R-cyano(3-
provided in 40 CFR part 178 (see also U.S.C. 346a, any person may file an phenoxyphenyl)methyl 3-(2,2-
Unit I.C. of the SUPPLEMENTARY objection to any aspect of this regulation dibromoethenyl)-2,2-
INFORMATION). and may also request a hearing on those dimethylcyclopropanecarboxylate, in or
objections. You must file your objection on food and feed commodities at 0.05
ADDRESSES: The docket for this action,
or request a hearing on this regulation parts per million (ppm) from use as a
identified by docket identification (ID)
in accordance with the instructions wide-area mosquito adulticide. That
number EPA–HQ–OPP–2014–0209, is
provided in 40 CFR part 178. To ensure document referenced a summary of the
available at http://www.regulations.gov
proper receipt by EPA, you must petition prepared by Bayer CropScience,
or at the Office of Pesticide Programs
identify docket ID number EPA–HQ– the registrant, which is available in the
Regulatory Public Docket (OPP Docket)
OPP–2014–0209 in the subject line on docket, http://www.regulations.gov. One
in the Environmental Protection Agency
the first page of your submission. All comment was received on the notice of
Docket Center (EPA/DC), West William
objections and requests for a hearing filing. EPA’s response to the comment is
Jefferson Clinton Bldg., Rm. 3334, 1301
must be in writing, and must be discussed in Unit IV.C.
Constitution Ave. NW., Washington, DC
received by the Hearing Clerk on or
20460–0001. The Public Reading Room III. Aggregate Risk Assessment and
before May 26, 2015. Addresses for mail
is open from 8:30 a.m. to 4:30 p.m., Determination of Safety
and hand delivery of objections and
Monday through Friday, excluding legal
hearing requests are provided in 40 CFR Section 408(b)(2)(A)(i) of FFDCA
holidays. The telephone number for the
178.25(b). allows EPA to establish a tolerance (the
Public Reading Room is (202) 566–1744,
In addition to filing an objection or legal limit for a pesticide chemical
and the telephone number for the OPP
hearing request with the Hearing Clerk residue in or on a food) only if EPA
Docket is (703) 305–5805. Please review
as described in 40 CFR part 178, please determines that the tolerance is ‘‘safe.’’
the visitor instructions and additional
submit a copy of the filing (excluding Section 408(b)(2)(A)(ii) of FFDCA
information about the docket available
any Confidential Business Information defines ‘‘safe’’ to mean that ‘‘there is a
at http://www.epa.gov/dockets.
(CBI)) for inclusion in the public docket. reasonable certainty that no harm will
FOR FURTHER INFORMATION CONTACT:
Information not marked confidential result from aggregate exposure to the
Susan Lewis, Registration Division pursuant to 40 CFR part 2 may be pesticide chemical residue, including
(7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior all anticipated dietary exposures and all
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your other exposures for which there is
Pennsylvania Ave. NW., Washington, objection or hearing request, identified reliable information.’’ This includes
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP– exposure through drinking water and in
number: (703) 305–7090; email address: 2014–0209, by one of the following residential settings, but does not include
RDFRNotices@epa.gov.
asabaliauskas on DSK5VPTVN1PROD with RULES
methods: occupational exposure. Section
SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// 408(b)(2)(C) of FFDCA requires EPA to
I. General Information www.regulations.gov. Follow the online give special consideration to exposure
instructions for submitting comments. of infants and children to the pesticide
A. Does this action apply to me? Do not submit electronically any chemical residue in establishing a
You may be potentially affected by information you consider to be CBI or tolerance and to ‘‘ensure that there is a
this action if you are an agricultural other information whose disclosure is reasonable certainty that no harm will
producer, food manufacturer, or restricted by statute. result to infants and children from
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Document Created: 2015-12-18 11:36:13
Document Modified: 2015-12-18 11:36:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective on April 27, 2015. | |
| Contact | Mr. Alan Shar (6PD-L), telephone (214) 665-2164, email [email protected] To schedule an appointment contact Alan Shar. | |
| FR Citation | 80 FR 16291 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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