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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

Clean Air Act Limited Approval of Volatile Organic Compound (VOC)

Control Measures for Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is giving limited approval to certain control measures

adopted by the State of Texas in its 15 Percent Rate of Progress Plan.

The effect of this action is to finalize the proposed limited approval

of these measures published on January 29, 1996, in the Federal

Register (FR) because they strengthen the State Implementation Plan

(SIP) by reducing VOC emissions in the four nonattainment areas in

Texas. Also, the EPA is finalizing the limited approval of the measures

in the contingency plans because these measures, if implemented, will

strengthen the SIP.

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

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

SUPPLEMENTARY INFORMATION:

Background

Section 182(b)(1) of the Clean Air Act (the ACT), as amended in

1990, requires ozone nonattainment areas with classifications of

moderate and above to develop plans to reduce area-wide VOC emissions

by 15 percent from a 1990 baseline. These plans also had to include

contingency measures in the amount of 3 percent to be implemented if

the plans failed to achieve the required reductions. In Texas, 15

Percent Rate of Progress Plans were required for the Beaumont/Port

Arthur, Dallas/Fort Worth, El Paso and Houston/Galveston areas. Texas

made submittals on November 13, 1993; May 9, 1994, August 3, 1994, and

November 14, 1994, to meet the Act's requirement.

In these proposed SIP revisions, Texas included changes to 30 Texas

Administrative Code, Chapter 115, concerning the control of VOCs. These

revisions included controls on several stationary sources and also

limits on gasoline volatility in the El Paso area. On January 29, 1996,

the EPA published a proposed limited approval of these control

measures. These measures result in a strengthening of the SIP because

they will result in reductions in air pollution. The EPA is not taking

any action on whether the control measures included in these plans

comply with the RACT requirements of the Act, section 182(b)(2), or any

other underlying Act requirement. In addition, the EPA is giving

limited approval of only the Alternate Means of Control (AMOC) portion

of the November 9, 1994, submittal as a strengthening of the SIP. The

EPA is taking no action on any other portion of the November 9, 1994,

submittal. In this action, the EPA is only finalizing the proposed

limited approval of the control measures. The EPA is taking no action

with regard to the limited approval and limited disapproval of the 15

Percent Plans themselves. Texas submitted revised 15 Percent Plans for

the four areas in a letter dated August 9, 1996. The EPA will evaluate

these revised plans and take action in a separate Federal Register

document on the resubmitted 15 Percent Rate of Progress Plans and

Contingency Plans.

This final rule addresses the comments received during the public

comment period and announces EPA's final action regarding limited

approval of the control measures.

Response to Public Comments

In the January 10, 1996, Federal Register, the EPA requested public

comments on the proposed rules (61 FR 2751-2760). The EPA received five

letters commenting on the January 29, 1996, proposal. They can be

placed in the following categories: comments on the amount of emission

reduction being approved or disapproved in the proposal, comments

regarding the timing of the final action, comments on the action on the

AMOC and comments on the concept of a limited approval/limited

disapproval, comments on the legality of submitting the Texas plan in

phases, and comments on whether the propose bakery rules are Reasonably

Available Control Technology.

Comments on the Amount of Emission Reductions

Two commentors believed the EPA was proposing approval of the

incorrect amount of emission reductions. One commentor believed that

not enough emission reductions were being credited to the industrial

wastewater rules. Another commentor believed that too much credit was

being allowed for

[[Page 27965]]

several measures. In this action, the EPA is not finalizing its action

on the amount of emission reductions projected in the plan. This action

only finalizes the approval of certain of the control measures included

in the plan as a strengthening of the SIP. Comments on the amount of

reductions in the plan will be addressed in a separate action on the

overall 15 Percent plans.

Comments on the Timing of the Final Action

Six commentors asked that the EPA withhold final action on the

limited disapproval of the 15 Percent Plans until the revised plans

could be submitted. The EPA is not taking action on the proposed

limited approval/limited disapproval of the 15 Percent Plans at this

time. Texas submitted revisions to its 15 Percent Plans in a letter

dated August 9, 1996.

Comments on the Approval of the AMOC provisions

Two commentors supported the approval of the AMOC provisions. One

commentor felt that the AMOC provisions should not be approved because

they are ``illegal and outside the Clean Air Act.''

The AMOC provisions allow facilities to identify alternate methods

of achieving emissions reductions than those called for in the

regulations. The provisions require facilities to achieve more

reductions when using alternative methods than would be required by

traditional compliance with the State rules. By identifying alternative

compliance methods, facilities may be able to achieve greater

environmental benefit at substantial cost savings. The AMOC provisions

require facilities to apply to the State for approval of an AMOC plan.

The State must take public comment on the proposed plan and the EPA has

final review authority. The goal of the AMOC process is to provide a

process that is less time consuming than processing a source specific

SIP revision but still allows appropriate public and EPA review. The

EPA disagrees that the AMOC provisions do not meet the requirements of

the Act. The State rule requires: (1) greater emission reductions for

alternate control methods, (2) a public comment period and (3) EPA

approval/disapproval.

Comments on the Concept of a Limited Approval/Limited Disapproval

One commentor states that the EPA has taken a distorted

interpretation of the Act by giving limited approval to the measures in

the plan as strengthening the SIP since the Act contains specific

deadlines.

The EPA agrees that the Act does require emission reductions to

occur by specific deadlines. In fact, the proposed limited disapproval

was based on the failure of Texas to demonstrate that sufficient

reductions would occur to meet the 15 percent requirement. The EPA does

believe that the measures being giving limited approval will result in

substantial emission reductions and are enforceable, thus warranting a

limited approval as a strengthening of the SIP. The limited approval

makes the rules federally enforceable. It is EPA's position that

sections 110(k)(3) and 301(a) of the Act provide the legal authority

for the process.

Comments on the Submittal of the Texas Plan in Phases

One commentor believes that the EPA should not have allowed Texas

to submit its plan in phases.

The EPA is not addressing the 15 Percent Plans and the related

deadlines at this time. The EPA is only approving the control measures

as a strengthening of the SIP not as part of the 15 Percent Plans.

Comments on Whether the Bakery Rules are RACT

One commentor stated the bakery rules which call for 30 percent

control should not be considered RACT. The EPA is not approving the

bakery rules as RACT. We specifically note in the January 29, 1996

proposal that no action is being taken on whether the measures

represent RACT. Texas submitted additional information regarding RACT

issues for several source categories including bakeries in a January

19, 1996, proposed SIP revision. The EPA is evaluating this information

and will be publishing a determination regarding RACT in a future

Federal Register action.

Final Action

It is EPA's determination that approval of the control measures in

these plans will strengthen the SIP. The EPA is giving limited approval

to the control measures in the 15 Percent Plans and Contingency Plans

under sections 110(k)(3) and 301(a) of the Act. In this action, the EPA

is not addressing whether these control measures, being approved as a

strengthening of the SIP, meet any other underlying requirements of the

Act such as the requirement for VOC RACT under 182(b)(2). The EPA will

address these requirements in separate Federal Register documents.

Nothing in this action shall be construed as permitting, allowing,

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

Administrative Requirements

A. Executive Order (E.O.) 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget has exempted

this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. See 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

The SIP approvals under sections 110 and 301, and subchapter I,

part D of the Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, I certify

that it does not have a significant impact on any small entities

affected. Moreover, due to the nature of the Federal-State relationship

under the Act, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids EPA to base its actions concerning sip's on such grounds.

See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42

U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate; or to private sector, of $100

million or more. Under section 205, EPA must select the most cost-

effective and least burdensome alternative that

[[Page 27966]]

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

The EPA has determined that the approval action does not include a

Federal mandate that may result in estimated costs of $100 million or

more to either State, local, or tribal governments in the aggregate, or

to the private sector. This Federal action approves preexisting

requirements under State or local law, and imposes no new requirements.

Accordingly, no additional costs to State, local, or tribal

governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of this rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C., section 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by July 21, 1997. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental regulations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: April 29, 1997.

Jerry Clifford,

Acting Regional Administrator.

40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart SS--Texas

2. Section 52.2270 is amended by adding paragraph (c)(104) to read

as follows:

Sec. 52.2270 Identification of plan.

* * * * *

(c) * * *

(104) Revisions to the Texas State Implementation Plan, submitted

to the EPA in letters dated November 13, 1993, May 9, 1994, August 3,

1994, and November 14, 1994. These control measures can be found in the

15 Percent Plans for the Beaumont/Port Arthur, Dallas/Fort Worth, El

Paso and Houston/Galveston ozone nonattainment areas. These control

measures are being approved for the purpose of strengthening of the

SIP.

(i) Incorporation by reference.

(A) Revisions to the General Rules as adopted by the Texas Natural

Resource Conservation Commission on November 10, 1993; Section 101.1--

New Definitions for Alcohol Substitutes (used in offset lithographic

printing), Automotive basecoat/clearcoat system (used in automobile

refinishing), Automotive precoat (used in automobile refinishing),

Automotive pretreatment (used in automobile refinishing), Automotive

sealers (used in automobile refinishing), Automotive specialty coatings

(used in automobile refinishing), Automotive three-stage system (used

in automobile refinishing), Batch (used in offset lithographic

printing), Cleaning solution (used in offset lithographic printing),

Fountain Solution (used in offset lithographic printing), Hand-held

lawn and garden and utility equipment, Heatset (used in Offset

lithographic Printing), HVLP spray guns, Industrial Solid Waste

introductory paragraph and (A)-(C), Lithography (used in offset

lithographic printing), Marine terminal, Marine vessel, Municipal solid

waste facility, Municipal solid waste landfill, Municipal solid waste

landfill emissions, Non-heatset (used in offset lithographic printing),

Offset lithography, Sludge, Solid waste introductory paragraph and (A)-

(C), Synthetic Organic Chemical Manufacturing Industry batch

distillation operation, Synthetic Organic Chemical Manufacturing

Industry batch process, Synthetic Organic Chemical Manufacturing

Industry distillation operation, Synthetic Organic Chemical

Manufacturing Industry distillation unit, Synthetic Organic Chemical

Manufacturing Industry reactor process, Transport vessel, Utility

engines, Vapor recovery system, VOC introductory paragraph and (A)-(D).

(B) Revisions to Regulation V, as adopted by the Commission on

November 10, 1993; Section 115.010. new definitions for Alcohol

substitutes (used in offset lithographic printing), Automotive

basecoat/clearcoat system (used in automobile refinishing), Automotive

precoat (used in automobile refinishing), Automotive pretreatment (used

in automobile refinishing), Automotive sealers (used in automobile

refinishing), Automotive specialty coatings (used in automobile

refinishing), Automotive three-stage system (used in automobile

refinishing), Batch (used in offset lithographic printing), Cleaning

solution (used in offset lithographic printing), Fountain Solution

(used in offset lithographic printing), Hand-held lawn and garden and

utility equipment, Heatset (used in Offset lithographic Printing),

High-volume low-pressure spray guns, Industrial solid waste

introductory paragraph and (A)-(C), Leakless Valve, Lithography (used

in offset lithographic printing) Marine terminal, Marine vessel,

Municipal solid waste facility, Municipal solid waste landfill,

Municipal solid waste landfill emissions, Non-heatset (used in offset

lithographic printing), Offset lithography, Owner or operator of a

motor vehicle dispensing facility (as used in Secs. 115.241-115.249 of

this title, relating to Control of Vehicle Refueling Emissions (Stage

II) at Motor Fuel Dispensing Facilities), Sludge, Solid waste

introductory paragraph and (A)-(C), Synthetic Organic Chemical

Manufacturing Industry batch distillation operation, Synthetic Organic

Chemical Manufacturing Industry batch process, Synthetic Organic

Chemical Manufacturing Industry distillation operation, Synthetic

Organic Chemical Manufacturing Industry distillation unit, Synthetic

Organic Chemical Manufacturing Industry reactor process, Transport

vessel, Utility Engines, Vapor recovery system, Volatile Organic

Compound introductory and (A)-(D). Revised sections 115.121(a)(1),

115.121(a)(2), 115.121(a)(3), 115.121(a)(4), 115.122(a)(2),

115.122(a)(3), 115.122(a)(3)(A), 115.122(a)(3)(B), 115.123(a),

115.123(a)(1), 115.123(a)(2), 115.126(a)(1), 115.126(a)(1)(C),

115.126(b)(1)(C), 115.127(a)(1), 115.127(a)(2), 115.127(a)(3),

115.127(a)(4), 115.127(a)(5),

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115.127(a)(5)(A), 115.127(a)(5)(B), 115.127(a)(5)(C), 115.129(a)(1),

115.129(a)(2), 115.129(a)(3), 115.129(a)(4), 115.152(a)(2),

115.152(a)(2)(A)-115.152(a)(2)(C), 115.152(a)(3), 115.152(b),

115.152(b)(1), 115.152(b)(2), 115.152(b)(3), 115.155 introductory

paragraph, 115.155(1), 115.155(4), 115.155(5), 115.155(6), 115.155(7),

115.155(9), 115.156(1), 115.156(3), 115.156(3)(B), 115.156(3)(C),

115.156(3)(D),115.156(3)(D)(i)-115.156(3)(D)(iii), 115.156(3)(E),

115.156(3)(E)(i), 115.156(3)(E)(ii), 115.211(a)(1), 115.211(b),

115.212(a)(1), 115.212(a)(2), 115.212(a)(3), 115.212(a)(4),

115.212(a)(5)(A), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii),

115.212(a)(5)(B), 115.212(a)(6), 115.212(a)(7), previously approved

115.212(a)(4)(A) now redesignated 115.212(a)(8)(A), 115.212(a)(8)(B),

115.212(a)(8)(C), 115.212(a)(9)(A)-115.212(a)(9)(D), 115.212(a)(10)(A),

115.212(a)(10)(B), 115.212(b), 115.212(b)(1), 115.212(b)(2),

115.212(b)(3),115.212(b)(3)(A), 115.212(b)(3)(A)(i),

115.212(b)(3)(A)(ii), 115.212(b)(3)(B), 115.212(b)(4), 115.212(b)(5),

115.212(b)(6), 115.212(c)(1), 115.212(c)(2), 115.212(c)(3),

115.212(c)(3)(A), 115.212(c)(3)(A)(i), 115.212(c)(3)(A)(ii),

115.212(c)(3)(B), 115.212(c)(4), 115.212(c)(5), 115.214(b)(1),

115.215(b)(7), 115.216(a), 115.216(a)(1), 115.216(a)(2)(C),

115.216(a)(3)(A), 115.216(a)(3)(B), 115.216(a)(3)(C), 115.216(a)(4)(A),

115.216(a)(4)(B), 115.216(a)(4)(C), 115.216(a)(5), 115.216(a)(5)(B),

115.216(a)(5)(C), 115.216(b), 115.216(b)(1), 115.216(b)(2)(C),

115.216(b)(5), 115.216(b)(5)(A), 115.216(b)(5)(B), 115.217(a)(1),

115.217(a)(2), 115.217(a)(3)(A), 115.217(a)(10)(A)-115.217(a)(10)(C)

(note: 115.217(a)(10)(A)-115.217(a)(10)(C) were moved to

115.217(a)(8)(A)-115.217(a)(8)(C) in the May, 9, 1994 adoption without

revisions), 115.217(a)(11)(A), 115.217(a)(11)(B) (note that

115.217(a)(11)(A) and 115.217(a)(11)(B) were moved to 115.217(a)(9)(A)

and 115.217(a)(9)(B) in the May 9, 1994 adoption without revisions,

115.217(b)(1), 115.217(b)(2)(A)-115.217(b)(2)(C), 115.217(b)(3),

115.217(b)(4), 115.217(b)(4)(A)-115.217(b)(4)(C), 115.217(b)(5),

115.217(b)(5)(A), 115.217(b)(5)(B), 115.217(c)(1), 115.217(c)(2)(A)-

115.217(c)(2)(C), 115.217(c)(3), 115.217(c)(4), 115.217(c)(4)(A)-

115.217(c)(4)(C), 115.217(c)(5), 115.217(c)(5)(A), 115.217(c)(5)(B),

115.219(b), 115.222(1), 115.222(5), 115.222(6), 115.222(7), 115.222(8),

115.222(9), 115.222(10), 115.222(11), 115.226 introductory paragraph,

115.226(1), 115.226(2), 115.226(2)(A), 115.226(2)(B), 115.227(1),

115.227(2), 115.227(3), 115.227(3)(A), 115.227(3)(B), 115.229(a),

115.229(b), 115.229(c), 115.229(c)(1), 115.229(c)(2), 115.234

introductory paragraph, 115.234(1), 115.234(2), 115.235(1), 115.235(4),

115.236 introductory paragraph, 115.236(1), 115.237(1), 115.237(2),

115.237(3), 115.239(a), 115.239(b), 115.242(1), 115.242(1)(A),

115.242(1)(B), 115.242(2), 115.242(2)(A)-115.242(2)(F), 115.242(3),

115.242(3)(A), 115.242(3)(B), 115.242(3)(C), 115.242(3)(C)(i)-

115.242(3)(C)(iii), 115.242(3)(D)-115.242(3)(K), 115.242(4),

115.242(5), 115.242(6), 115.242(7), 115.242(8), 115.242(9),

115.242(9)(A)-115.242(9)(C), 115.242(10), 115.242(10)(A),

115.242(10)(B), 115.242(11), 115.242(12), 115.242(12)(A)-

115.242(12)(C), 115.243 introductory paragraph, 115.243(1), 115.243(2),

115.244 introductory paragraph, 115.244(1), 115.244(2), 115.244(3),

115.244(4), 115.245 introductory paragraph, 115.245(1), 115.245(1)(A),

115.245(1)(A)(i)-115.245(1)(A)(iv), 115.245(1)(B), 115.245(1)(C),

115.245(1)(D), 115.245(2), 115.245(3),115.245(3)(A)-115.245(3)(C),

115.245(4), 115.245(5), 115.245(5)(A), 115.245(5)(B), 115.245(6),

115.246(1), 115.246(2), 115.246(3), 115.246(4), 115.246(5), 115.246(6),

115.246(7), 115.246(7)(A), 115.246(7)(B), 115.247(2), 115.248(1),

115.248(1)(A), 115.248(1)(B), 115.248(3), 115.248(3)(A)-115.248(3)(E),

115.248(4), 115.248(4)(A), 115.248(4)(B), 115.248(4)(B)(i),

115.248(4)(B)(ii), 115.249(1), 115.249(2),115.249(3), 115.249(4),

115.324(a)(8)(A)(iii), 115.334(3)(A)(iii). New sections 115.352,

115.353, 115.354, 115.355, 115.356, 115.357, and 115.359. Revised

sections 115.421(a)(8)(B), 115.421(a)(8)(B)(i), 115.421(a)(8)(C),

115.421(a)(8)(C)(i)-115.421(a)(8)(C)(ix), 115.421(a)(8)(D),

115.421(a)(11), 115.422 introductory paragraph, 115.422(1), 115.422(2),

115.426(a)(1)(B), 115.426(a)(2)(A)(iii), 115.426(b)(1)(B),

115.426(b)(2)(A)(iii), 115.427(a)(1)(B), 115.427(a)(2), 115.427(a)(3),

115.427(a)(4), 115.427(a)(4)(A)-115.427(a)(4)(E), 115.427(a)(5),

115.427(a)(6), deletion of 115.427(a)(7), 115.429(a), 115.429(b),

115.429(c). New Subchapter E: Offset Lithography, sections 115.442,

115.443, 115.445, 115.446, 115.449, and new Subchapter F: Miscellaneous

Industrial Sources, Degassing or Cleaning of Stationary and Transport

Vessels, sections 115.541, 115.542, 115.543, 115.544, 115.545, 115.546,

115.547, 115.549. Revised sections 115.910(b), 115.930, 115.932,

115.940. New Subchapter J: Administrative Provisions, Standard Permits,

section 115.950.

(C) Texas Natural Resources Conservation Commission Order No. 93-20

as adopted November 10, 1993.

(D) Revisions to the General Rules as adopted by the Commission on

May 4, 1994; 101.1 new definitions for Alcohol (used in offset

lithographic printing), Bakery oven, Clear coat (used in wood parts and

products coating), Clear sealers (used in wood parts and products

coating), Final repair coat (used in wood parts and products coating),

Opaque ground coats and enamels (used in wood parts and products

coating), Semitransparent spray stains and toners (used in wood parts

and products coating), Semitransparent wiping and glazing stains (used

in wood parts and products coating), Shellacs (used in wood parts and

products coating), Surface coating processes (M) Wood parts and

Products Coating, Topcoat (used in wood parts and products coatings),

Varnishes (used in wood parts and products coatings, Wash coat (used in

wood parts and products coating).

(E) Revisions to Regulation V as adopted by the Commission on May

4, 1994; 115.10 new Definitions for Alcohol (used in offset

lithographic printing), Bakery oven, Clear coat (used in wood parts and

products coating), Clear sealers (used in wood parts and products

coating), Continuous monitoring, Final repair coat (used in wood parts

and products coating), Leak-free marine vessel, Marine loading

facility, Marine terminal, Opaque ground coats and enamels (used in

wood parts and products coating), Semitransparent spray stains and

toners (used in wood parts and products coating), Semitransparent

wiping and glazing stains (used in wood parts and products coating),

Shellacs (used in wood parts and products coating), Surface coating

processes (M) Wood parts and Products Coating, Topcoat (used in wood

parts and products coatings), Varnishes (used in wood parts and

products coatings, Wash coat (used in wood parts and products coating).

Revised 115.121(a)(5), 115.122(a)(3), 115.122(a)(3)(A)-

115.122(a)(3)(D), 115.122(a)(4), note: previously adopted

115.122(a)(3)(A) and 115.122(a)(3)(B) moved to 115.122(a)(4)(A) and

115.122(a)(4)(B) without revisions), 115.126(a)(4), 115.126(a)(4)(A)-

115.126(a)(4)(C), 115.126(a)(5), 115.126(a)(5)(A)-115.126(a)(5)(C),

115.127(a)(3)(B), 115.127(a)(3)(C), 115.127(a)(3)(D), 115.127(a)(6),

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115.129(5), 115.129(6), 115.129(7), 125.129(8), 115.132(a)(4),

115.132(a)(4)(A), 115.132(a)(4)(B), 115.139(a)(1), 115.139(a)(2), New

Subchapter B: General Volatile Organic Compound Sources, Industrial

Wastewater, Sections 115.140, 115.142, 115.143, 115.144, 115.145,

115.146, 115.147, 115.148, 115.149. Revised 115.152(a), 115.152(a)(1),

115.153, 115.155(2), 115.155(3), 115.155(8), 115.156 Introductory

paragraph, 115.156(2), 115.156(2)(A)-115.156(G), 115.156(3),

115.156(3)(A), 115.157 Introductory Paragraph, 115.157(1), 115.157(2),

115.159(a), 115.159(b), 115.159(c), 115.211(a)(1)(A), 115.211(a)(1)(B),

115.211(a)(2), 115.211(a)(3), 115.212(a)(5), 115.212(a)(8),

115.212(a)(9), 115.212(a)(10), 115.212(a)(10)(A)-115.212(a)(10)(C),

115.212(a)(11), 115.212(a)(11)(A), 115.212(a)(11)(B), 115.212(a)(12),

115.212(c), 115.213(c), 115.214(a)(1), 115.214(a)(2), 115.214(a)(3),

115.214(a)(4), 115.214(a)(5), 115.214(a)(5)(A)-115.214(a)(5)(E),

115.214(a)(6), 115.215(a), 115.215(a)(7), 115.215(a)(8), 115.215(a)(9),

115.215(a)(10), 115.216(a)(4), 115.216(a)(5)(A), 115.216(a)(6),

115.216(a)(6)(A), 115.216(a)(6)(A)(i)-115.216(a)(6)(A)(iii),

115.216(a)(6)(B), 115.216(a)(6)(C), 115.216(a)(6)(D), 115.216(a)(7),

115.216(a)(8) 115.217(a)(3), 115.217(a)(3)(B), 115.217(a)(3)(C),

115.217(a)(4), 115.217(a)(5), 115.217(a)(6), 115.217(a)(6)(A),

115.217(a)(6)(B), 115.217(a)(7), 115.217(a)(8), 115.217(a)(8)(D),

115.217(a)(9), 115.217(a)(9)(C), 115.217(a)(10), 115.217(a)(10)(A)-

115.217(a)(10)(E), 115.217(a)(11), 115.217(a)(11)(A)-115.217(a)(11)(C),

115.217(b)(2), 115.217(c)(2), 115.219(a)(1), 115.219(a)(2),

115.219(a)(3), 115.219(a)(4), 115.219(a)(5), 115.219(a)(6), new

Sections 115.252, 115.253, 115.255, 115.256, 115.257, 115.259, revised

115.352 introductory paragraph, 115.353, 115.354 introductory

paragraph, 115.355 introductory paragraph, 115.356 introductory

paragraph, 115.357 introductory paragraph, 115.357(2), 115.357(9),

115.359, 115.415(a)(1)(A), 115.415(b)(1)(A), 115.416(a), 115.421(a),

115.421(a)(13), 115.421(a)(13)(A), 115.421(a)(13)(A)(I)-

115.421(a)(13)(A)(vii), 115.421(a)(13)(A)(viii),

115.421(a)(13)(A)(viii)(I), 115.421(a)(13)(A)(viii)(II),

115.421(a)(13)(A)(ix), 115.421(a)(13)(A)(x), 115.421(a)(13)(B),

115.421(a)(13)(C), 115.421(a)(13)(C)(I), 115.421(a)(13)(C)(ii),

115.422(1)(A)-115.422(1)(C), 115.422(3), 115.422(3)(A), 115.422(3)(B),

115.429(d), 115.432(a), 115.432(a)(2), 115.432(a)(2)(A),

115.432(a)(2)(B), 115.442 introductory paragraph, 115.443, 115.445

introductory paragraph, 115.446 introductory paragraph, 115.446(5),

115.449(a), 115.449(b), 115.449(c), 115.532(a)(5), 115.532(a)(5)(A),

115.532(a)(5)(B), 115.541(a), 115.541(b), 115.541(b)(1), 115.541(b)(2),

115.541(b)(3), 115.541(b)(4), 115.541(b)(5), 115.542(a), 115.543,

115.544 introductory paragraph, 115.545 introductory paragraph, 115.546

introductory paragraph, 115.547 introductory paragraph, 115.549(a),

115.549(b), 115.549(c), new sections 115.552, 115.553, 115.555,

115.556, 115.557, 115.559, repeal of sections 115.612, 115.613,

115.614, 115.615, 115.617, 115.619, new sections 115.600, 115.610,

115.612, 115.613, 115.614, 115.615, 115.616, 115.617, and 115.619.

(F) Texas Natural Resource Conservation Commission Order No. 94-06

as adopted May 4, 1994.

(G) Revision to Regulation V as adopted by the Commission on July

13, 1994; new sections 115.901, 115.910, 115.911, 115.912, 115.913,

115.914, 115.915, 115.916, 115.920, 115.923.

(H) Texas Natural Resource Conservation Commission Order No. 94-26

as adopted July 13, 1994.

(I) Texas Natural Resource Conservation Commission Order No. 94-

0676-SIP as adopted November 9, 1994.

(ii) Additional material.

(A) Appendix A of the Revision to the Texas SIP adopted by the

Commission on November 9, 1994 concerning alternate means of control.

[FR Doc. 97-13487 Filed 5-21-97; 8:45 am]

BILLING CODE 6560-50-P