TECHNICAL SUPPORT DOCUMENT Clean Air Act Approval of Revisions to Texas Regulations to Control Volatile Organic Compound Emissions Carl Young Henry Onsgard EPA Region 6, Dallas, Texas January 2006 1 I. BACKGROUND The Clean Air Act requires the Environmental Protection Agency ( EPA) to establish national ambient air quality standards ( NAAQS) for pollutants that cause or contribute to air pollution that is reasonably anticipated to endanger public health or welfare. States have developed a State Implementation Plan ( SIP) which identifies how these standards will be attained and maintained. The State must submit revisions to the SIP to EPA. EPA reviews the revision and approves it if it conforms with the Clean Air Act. Approval makes the revisions Federally enforceable. If the revision does not conform with the Clean Air Act, EPA disapproves it. Disapproval may lead to further revisions by the State or development of a Federal Implementation Plan by EPA.

In 1997, EPA promulgated the 8 hour 0.08 ppm ozone standard. Volatile organic compound ( VOC) emissions can react with sunlight and nitrogen oxides to form ground level ozone. The control of VOC emissions can help attain the NAAQSs for ozone. Texas regulations to control VOC emissions can be found in the Texas Administrative Code, title 30, chapter 115 ( 30 TAC 115). Revisions to these regulations have been adopted by Texas on: ° August 8, 2001 and submitted to EPA on September 7, 2001, ° April 26, 2002 and submitted to EPA on July 18, 2002, ° December 13, 2002 and submitted to EPA on January 28, 2003, ° October 22, 2003 and submitted to EPA on November 7, 2003, ° March 23, 2005 and submitted to EPA on April 15, 2005, and ° April 13, 2005 and submitted to EPA on May 13, 2005.

While the revisions pertain to control of VOC emissions from various sources, this review only pertains to sources involved with: ° VOC transfer operations ( 30 TAC 115, subchapter C), and ° solvent using processes ( 30 TAC 115, subchapter E). Texas regulations for these sources that were revised are 30 TAC 115, § § 10, 211, 214 217, 219, 222, 223, 229, 240, 242, 243, 245, 248, 249, 420 423, 426, 427, 429, 432, 433, 435, 436, 439, 440, 442, 445, and 446.

The revisions submitted to EPA in April and May of 2005 also extend VOC emission control requirements to motor vehicle fuel dispensing facilities and surface coating facilities located in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. These counties are part of the Dallas/ Fort Worth ( DFW) 8 hour ozone standard nonattainment area. Facilities in the other DFW area counties, ( Dallas, Denton, Tarrant and Collin Counties), are already subject to the requirements.

II. STATE SUBMITTALS A. Regulatory Background September 7, 2001 Submission 2 In May 2001 Texas proposed amendments to the Texas State Implementation Plan ( SIP) pertaining to the regulations on VOC emissions.

Notices were published in newspapers in Austin, Corpus Christi, Fort Worth, Houston, Longview, and Victoria. A notice was published in the June 8, 2001 Texas Register. In July 2001 a public hearing was offered in Austin.

Texas adopted the rules on August 8, 2001 and submitted it to EPA for inclusion into the SIP on September 7, 2001. The revisions amended 30 TAC 115, subchapters B, D, E, and F.

July 18, 2002 Submission In December 2001 Texas proposed amendments to the Texas State Implementation Plan ( SIP) pertaining to the regulations on VOC emissions.

Notices were published in newspapers in Austin, Corpus Christi, Fort Worth, Houston, Longview, and Victoria . A notice was published in the January 4, 2002 Texas Register. On January 23, 2002 a public hearing was held in Austin.

Texas adopted the rules on April 26, 2002 and submitted it to EPA on July 18, 2002. The revisions amended 30 TAC 115, Subchapters A, B, D, E, F, and J.

January 28, 2003 Submission In June 2002 Texas proposed amendments to the Texas State Implementation Plan ( SIP) pertaining to the regulations on VOC emissions.

Notices were published in newspapers in Austin, Beaumont, El Paso, Fort Worth and Houston. A notice was published in the June 21, 2002 Texas Register. A notice correcting a computational error was published in the July 12, 2002 Texas Register. In July and August 2002 public hearings were held in Austin, Houston and Channelview.

TCEQ adopted the rules on December 13, 2003 and submitted it to EPA on January 28, 2003. The revisions amended 30 TAC 115, subchapters A, B, C, D, and E, and added a new subchapter H to 30 TAC 115.

November 7, 2003 Submission In April 2003 Texas proposed amendments to the Texas State Implementation Plan ( SIP) pertaining to the regulations on VOC emissions.

Notices were published in newspapers in Austin, El Paso, Fort Worth, Houston, and Longview. A notice was published in the May 16, 2003 Texas Register. In June 2003 public hearings were 3 held in Arlington and Houston.

Texas adopted the rules on October 22, 2003 and submitted it to EPA on November 7, 2003. The revisions amended 30 TAC 115, Subchapters A, C, D, and H.

April 15, 2005 Submission In November 2004 Texas proposed amendments to the Texas State Implementation Plan ( SIP) pertaining to the regulations on VOC emissions.

Notices were published in newspapers in Beaumont, El Paso, Fort Worth and Houston. A notice was published in the December 3, 2004 Texas Register. In January 2005 a public hearing was held in Austin.

TCEQ adopted the rules on March 23, 2005 and submitted it to EPA on April 15, 2005. The revisions amended 30 TAC 115, subchapter C ( § § 115.222, 115.223, 115.240, 115.243, 115.245, 115.248, and 115.249).

May 13, 2005 Submission In November 2004 Texas proposed amendments to the Texas State Implementation Plan ( SIP) pertaining to the regulations on VOC emissions.

Notices were published in newspapers in Austin, Fort Worth and Houston. A notice was published in the December 3, 2004 Texas Register. In January 2005 public hearings were held in Arlington, Austin and Houston.

TCEQ adopted the rules on April 13, 2005 and submitted it to EPA on May 13, 2005. The revisions amended 30 TAC 115, subchapters A, C, and E ( § § 115.10, 115.229, and 115.429).

B. Description of Submittals The revisions being reviewed are listed in Table 1. Revisions to 30 TAC § § 115.227, 115.239, 115.241, 115.244, 115.247, 115.412, 115.413, 115.415 115.417, 115.419, 115.512, 115.516, 115.517, and 115.519 have been addressed ( March 29, 2005 Federal Register, 70 FR 15769). Other revisions will be addressed separately. In addition to significant changes to the Texas VOC regulations, the revisions contained editorial changes which clarify existing requirements, update references or make the rule easier to read. Descriptions of the revisions excerpted from the Texas Register are included in Appendices 1 through 6. The Texas VOC regulations can be found on the internet at http:// info. sos. state. tx. us/ pls/ pub/ readtac$ ext. ViewTAC? tac_ view= 4& ti= 30& pt= 1& ch= 115 . 4 Table 1. Revisions to Texas Regulations on Control of Air Pollution ( 30 TAC 115) from VOCs being Reviewed and Proposed for Approval Subchapter Adopted 8/ 8/ 2001 Submitted 9/ 7/ 2001 Adopted 4/ 26/ 2002 Submitted 7/ 18/ 2002 Adopted 12/ 13/ 2002 Submitted 1/ 28/ 2003 Adopted 10/ 22/ 2003 Submitted 11/ 7/ 2003 Adopted 3/ 23/ 2005 Submitted 4/ 15/ 2005 Adopted 4/ 13/ 2005 Submitted 5/ 13/ 2005 A: Definitions 115.10 C: VOC Transfer Operations 115.214 115.211 115.215 115.219 115.216 115.217 115.222 115.223 115.240 115.242 115.243 115.245 115.248 115.249 115.229 E: Solvent Using Processes 115.423 115.426 115.427 115.432 115.433 115.435 115.436 115.439 115.442 115.420 115.421 115.422 115.440 115.442 115.445 115.446 115.420 115.421 115.427 115.429 115.429 September 7, 2001 Submission The revisions submitted on September 7, 2001 contained editorial changes which clarify existing requirements and make the rule easier to read. Descriptions of the revisions excerpted from the Texas Register are included in Appendix 1.

July 18, 2002 Submission The revisions submitted July 18, 2002 corrected an inconsistency between the Texas regulations and EPA National Emission Standards for aerospace manufacturing and rework facilities found at 40 CFR 63.744 ( § § 115.420( b)( 1) and 115.422( 5)( E)). The federal regulation exempts certain hydrocarbon based cleaning solvents from " housekeeping measures". This exemption was added to the Texas regulations, making them consistent with the Federal regulations. Housekeeping 5 measures include storing cleaning solvents and materials moistened with cleaning solvents in closed containers. In order to be exempt the hydrocarbon based cleaning solvent must have a maximum vapor pressure of seven millimeters of mercury ( mm Hg) at 20 degrees Celsius ( 68 degrees Fahrenheit) and contain no hazardous air pollutants. ( The higher the vapor pressure of a solvent, the more air emissions it will have.) The requirements apply to aerospace manufacturing and rework facilities in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Kaufman, Liberty, Montgomery, Nueces, Orange, Tarrant, Victoria, and Waller Counties. ( Under revisions submitted on April 13, 2005, aerospace manufacturing and rework facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties are to comply with the requirements no later than June 15, 2007.)

The revisions also provide an additional option for certain offset lithographic printers to meet VOC control requirements ( § 115.442( 1)( F)( iii)). Regulated printers may use cleaning solutions with a VOC composite partial vapor pressure less than or equal to ten millimeters of mercury ( mm Hg) at 20 degrees Celsius. The VOC composite partial pressure is the sum of the partial pressures of the VOC compounds in the cleaning solution. Texas noted that this revision would encourage the use of low vapor pressure cleaning solutions which have lower VOC emissions than conventional cleaning solutions. A revision to monitoring requirements for VOC control devices used on heatset offset lithographic printing presses allows for a temperature monitoring device accuracy of plus or minus 1.0% of the temperature being monitored, in lieu of an accuracy of plus or minus 0.5 degrees Fahrenheit, ( § 115.446( 1)). VOC control requirements apply to offset lithographic printers in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson, Liberty, Montgomery, Nueces, Orange, Tarrant, Victoria, and Waller Counties.

Descriptions of the revisions submitted on July 18, 2002 excerpted from the Texas Register are included in Appendix 2.

January 28, 2003 Submission The revisions submitted January 28, 2003 clarified definitions and deleted obsolete language. Descriptions of the revisions excerpted from the Texas Register are included in Appendix 3.

November 7, 2003 Submission The revisions submitted November 7, 2003 clarified existing requirements. Descriptions of the revisions excerpted from the Texas Register are included in Appendix 4.

April 15, 2005 Submission The revisions submitted April 15, 2005 allow Texas to approve use of vapor recovery systems certified by an independent third party ( 30 TAC 115 § § 222, 223, 240, 242, and 245) and expand the types of Stage II vapor recovery equipment deemed compatible with onboard refueling vapor 6 recovery ( ORVR) systems ( 30 TAC 115.240). Stage II gasoline vapor recovery systems control VOC vapor releases during the refueling of motor vehicles. Texas noted that following promulgation of a Stage II rule revision in November 2002 new vapor recovery technologies were developed that were limited by the rule. The revision considers as ORVR compatible any vapor recovery system certified by the California Air Resources Board or an independent third party evaluator using test methods approved by TCEQ. In order for a system to be certified as ORVR compatible it must demonstrate an overall vapor recovery efficiency of at least 95% while dispensing fuel to vehicles with and without ORVR. ORVR equipment is required on newer vehicles. Compatibility between ORVR and Stage II systems will decrease VOC emissions when vehicles with ORVR are being refueled. Requirements for ORVR compatibility were previously approved by EPA ( March 29, 2005 Federal Register, 70 FR 15769).

Descriptions of the revisions excerpted from the Texas Register are included in Appendix 5.

May 13, 2005 Submission The revisions submitted May 13, 2005 add new requirements for motor vehicle fuel dispensing facilities in Ellis, Johnson, Kaufman, Parker and Rockwall Counties that dispense at least 10,000 but less than 125,000 gallons of fuel per month. These facilities are required to operate Stage I gasoline vapor recovery systems no later than June 15, 2007 ( 30 TAC 115.229). Facilities that dispense 125,000 gallons or more per month are already required to operate Stage I vapor recovery systems. Stage I vapor recovery systems control VOC vapor emissions as gasoline tanktrucks fill gasoline station storage tanks by returning the vapors to the tank truck.

The revisions also expand VOC emission control requirements to surface coating facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. Surface coating facilities apply or impregnate material onto or into a substrate for protective, decorative, or functional purposes. Such materials include paints, varnishes, sealants, adhesives, thinners, and inks. Surface coating facilities in these counties must comply with the Texas requirements to control VOC emissions no later than June 15, 2007 ( § 115.429( b)). The requirements relate to: ° materials used for surface coating that emit VOCs ° practices and control equipment to minimize VOC emissions Texas VOC regulations for surface coating processes in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties, ( 30 TAC 115, Subchapter E, Division 2), apply to the following operations: ° Large appliance coating ° Metal furniture coating ° Coil coating ° Paper coating ° Fabric coating ° Vinyl coating ° Can coating ° Vehicle coating 7 ° Miscellaneous metals parts and products coating ° Factory surface coating of flat wood paneling ° Aerospace coatings ° Surface coating of mirror backing ° Surface coating of wood parts and products ° Surface coating for wood furniture manufacturing Descriptions of the revisions excerpted from the Texas Register are included in Appendix 6.

D. Completeness Review of Plan Revisions Each submission from Texas included: ° letter of submission ° evidence that the State adopted the revision ° a copy of the regulation ° evidence that the State followed necessary requirements in making the revision ° evidence that Public Notice was given of the proposed change ° certification that public hearings were held ° compilation of public comments and the State's response ° identification of all regulated pollutants ° identification of the locations of affected sources ° information on how compliance will be determined.

III. CONCLUSIONS & RECOMMENDATIONS A. VOC Transfer Operations ( Gasoline Vapor Recovery)

The revisions expanded requirements for Stage I gasoline vapor recovery systems to motor vehicle fuel dispensing facilities in Ellis, Johnson, Kaufman, Parker and Rockwall Counties that dispense at least 10,000 but less than 125,000 gallons of fuel per month. These revisions will reduce VOC emissions in the Dallas Fort Worth 8 hour ozone nonattainment area.

The revisions allow Texas to approve use of vapor recovery systems certified by an independent third party and expand the types of Stage II vapor recovery equipment deemed compatible with ORVR systems. These revisions provide more options for controlling VOC emissions from refueling but are equivalent to controls approved by EPA.

B. Solvent Using Processes The revisions expand VOC emission control requirements to surface coating facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. These revisions will reduce VOC emissions in the Dallas Fort Worth 8 hour ozone nonattainment area. 8 The revisions that exempt certain hydrocarbon based cleaning solvents from VOC control requirements will encourage use of cleaning solvents with low volatility ( maximum vapor pressure of seven mm Hg at 20 degrees Celsisus). Use of cleaning solvents with lower volatility would lower VOC emissions. The revisions also make the SIP consistent with Federal Regulations.

Similarly, the revisions to allow offset lithographic printers to use cleaning solutions with low volatility will also encourage the use of cleaning solutions which have lower VOC emissions than conventional cleaning solutions. Use of these cleaning solutions should achieve as much or more VOC emission reductions as other allowed cleaning solutions.

The revision to temperature monitoring device accuracy for offset lithographic printing does not affect VOC emissions but provides protection equivalent to that adopted by the State and previously approved by EPA.

C. Recommendations It is recommended that the revisions submitted by Texas be approved. EPA approval of the revisions would not interfere with attainment of the 8 hour ozone standard, rate of progres, or any other applicable requirement. The revisions strengthen the SIP as they: ° reduce VOC emissions in the Dallas/ Fort Worth area by adding additional controls, ° provide more options for controlling VOC emissions that are equivalent to controls approved by EPA, and ° add incentives for use of products that have lower VOC emissions. Appendices Appendix 1 Excerpt from August 24, 2001 Texas Register Appendix 2 Excerpt from May 10, 2002 Texas Register Appendix 3 Excerpt from January 3, 2003 Texas Register Appendix 4 Excerpt from November 7, 2003 Texas Register Appendix 5 Excerpt from April 8, 2005 Texas Register Appendix 6 Excerpt from April 29, 2005 Texas Register Appendix 1 Excerpt from August 24, 2001 Texas Register Subchapter E, Solvent Using Processes Division 1, Degreasing Processes The title of this division is changed from " Degreasing and Cleanup Processes" to " Degreasing Processes" to more accurately reflect the content of the division.

The adopted amendment to § 115.412, Control Requirements, incorporates the control requirements for Gregg, Nueces, and Victoria Counties into the current subsection ( a) by deleting all of subsection ( b), which currently contains the control requirements for these three counties, and specifying Gregg, Nueces, and Victoria Counties in the first subsection, which becomes an undesignated subsection. These changes are adopted to remove identical, redundant control requirements in the current subsection ( b) to make the rule briefer and easier to read. Also to improve readability, a catch line is added to each paragraph that identifies the topics being covered. The term " solvent" is inserted in § 115.412( 1) and the term " degreasing" replaces " cleaning" in § 115.412( 2) so that the terms used in this chapter are consistent with the definitions in § 101.1, Definitions. The term " Centigrade" is replaced with " Celsius" in § 115.412( 1)( A)( i). The adopted amendments to § 115.412( 1)( E) and ( 2)( D)( i) clarify how the freeboard ratio should be determined for cold solvent cleaning or open top vapor degreasing units which have an upper portion which is narrower than the air/ solvent or the air/ vapor level or if the cover of a degreaser is hinged such that the opening is narrower than the overall width of a degreaser. The freeboard primarily serves to reduce drafts near the air/ solvent or air/ vapor interface. Having a narrower top would help to reduce the drafts near the air/ solvent or air/ vapor interface, thereby reducing the amount of solvent being evaporated. The freeboard ratio should be determined by dividing the freeboard height by the smallest interior dimension ( i. e., length, width, or diameter). The smallest interior dimension could be located at any point, from the top or opening of the unit to the air/ solvent or air/ vapor level. This change is consistent with air rule interpretation R5 412.001. Section 115.412( 2)( E) is revised to correctly reference the proper subparagraph. The acronym " OSHA" is added after the phrase " Occupational Safety and Health Administration" in § 115.412( 2)( F)( xii) and replaces the term " Occupational Safety and Health Administration" in § 115.412( 3)( I)( i).

The adopted amendments to § 115.413, Alternate Control Requirements, incorporate the alternate control requirements for Gregg, Nueces, and Victoria Counties into the current subsection ( a) by deleting all of subsection ( b), which currently contains the alternate control requirements for these three counties, and specifying Gregg, Nueces, and Victoria Counties in the first subsection, which becomes an undesignated subsection. These changes are adopted to remove identical, redundant alternate control requirements in the current subsection ( b) to make the rule briefer and easier to read. The adopted amendments also reformat current subsection ( a) by rephrasing the first portion of the text to clearly indicate the subject of the paragraphs to follow ( alternate control requirements for degreasing processes), by moving the second portion of the text into a new paragraph ( 1), and by renumbering the existing paragraphs accordingly. These changes improve readability and are necessary to make the formatting of this rule consistent with that used in the corresponding § 115.423, Alternate Control Requirements. The term " executive director" is lower cased for consistency with other divisions. An incorrect reference to the " section" ( which should have been " undesignated head") is corrected to reference the " division." Also, cross references throughout this section are revised to reflect reformatting and renumbering changes adopted in other sections.

The adopted amendments to § 115.415, Testing Requirements, rephrase the current subsection ( a) to more clearly indicate the subject ( testing requirements for degreasing processes) of the paragraphs to follow. The adopted revisions also incorporate the testing requirements for Gregg, Nueces, and Victoria Counties into the current subsection ( a) by deleting all of subsection ( b), which currently contains the testing requirements for these three counties, and specifying Gregg, Nueces, and Victoria Counties in the first subsection, which becomes an undesignated subsection. These changes are adopted to remove identical, redundant testing requirements in the current subsection ( b) to make the rule briefer and easier read. Crossreferences throughout this section are revised to reflect reformatting and renumbering changes in other sections. The adopted amendments to § 115.415 also add a new paragraph ( 3), which authorizes the use of test methods other than those specifically listed in § 115.415( 1) or ( 2), provided that any new test method is validated using the procedures in 40 Code of Federal Regulations ( CFR) 63, Appendix A, Test Method 301, with the executive director acting as the administrator. The adopted new language has previously been added to five other divisions within Chapter 115 with the EPA's approval. This revision is necessary because in some specific and unique situations the listed test methods may be inappropriate. The new paragraph increases flexibility by allowing the use of additional test methods which may be more costeffective and more appropriate in certain unique situations.

The adopted amendments to § 115.416, Recordkeeping Requirements, revise the sentence structure and replace the phrase " any open top vapor or conveyorized degreasing operation" with the phrase " degreasing process" in the current subsection ( a) for clarity and consistency with other sections in this division. The revisions also incorporate the recordkeeping requirements for Gregg, Nueces, and Victoria Counties into the current subsection ( a) by deleting all of subsection ( b), which currently contains the recordkeeping requirements for these three counties, and specifying Gregg, Nueces, and Victoria Counties in the first subsection, which becomes an undesignated subsection. These changes are adopted to remove identical, redundant recordkeeping requirements in the current subsection ( b) to make the rule briefer and easier to read. The adopted revision also replaces the phrase " Texas Natural Resource Conservation Commission ( TNRCC)" with the administratively correct term " executive director," and the acronym " EPA" replaces the phrase " United States Environmental Protection Agency ( EPA)." A cross reference is revised to reflect a reformatting and renumbering change in the referenced section. A new paragraph ( 3) adds a recordkeeping requirement for degreasing operations in Gregg, Nueces, and Victoria Counties which are exempt under current § 115.417( b)( 3), which becomes § 115.417( 5). The recordkeeping requirement is needed to determine compliance with the exemption. The requirement simply 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 and is necessary to provide enforceability of the exemption. Please note that " any consecutive 24 hour period" is considered a rolling 24 hour period, rather than midnight of one calendar day to midnight of the next calendar day.

The adopted amendments to § 115.417, Exemptions, incorporate the exemptions for Gregg, Nueces, and Victoria Counties into the current subsection ( a) by deleting all of subsection ( b), which currently contains the exemptions for these three counties, and specifying Gregg, Nueces, and Victoria Counties in the first subsection, which becomes an undesignated subsection. The size exemption for Gregg, Nueces, and Victoria Counties that is currently located in § 115.417( b)( 3) is still applicable; therefore, the content of this paragraph becomes a new paragraph ( 5). These changes are adopted to remove identical, redundant exemptions in the current subsection ( b) to make the rule briefer and easier to read. Cross references throughout this section are revised to reflect reformatting and renumbering changes in other sections. The current § 115.417( a)( 2), which becomes § 115.417( 2), is restructured and reformatted to include two subparagraphs so that remote reservoir cold solvent cleaners can be specified as exempt from the freeboard and water cover requirements of § 115.412( 1)( E). Even though remote reservoirs are a subset of cold solvent cleaners ( because they use liquid solvent to remove soils from part surfaces while maintaining the solvent below its boiling point), the two pieces of equipment do not operate in the same way because their designs are different. For a remote reservoir, the liquid solvent is pumped to a sink like work area that drains solvent back into an enclosed container while parts are being cleaned, allowing no solvent to pool around the parts. For a cold solvent cleaner, the solvent does pool around the parts and therefore, a freeboard or water cover is necessary. The purpose of the freeboard is to ensure that when parts are placed into the solvent pool, there is enough empty air space between the solvent level and the top of the tank to minimize solvent drag out when an air stream passes over the open reservoir as well as to prevent solvent overflow when parts are placed in the pool, thus decreasing air emissions. Also, for the cold solvent cleaning system exemption in the adopted § 115.417( 2)( A), the " or if" statement is changed to a " provided that" statement. This is necessary so the exemption will be consistent with the EPA's guidelines concerning the control of VOC emissions from solvent metal cleaning. The rule language in the current § 115.417( a)( 2) inadvertently allows a high vapor pressure solvent to be exempt from the requirements of § 115.412( 1)( E) as long as the solvent was not heated above 120 degrees Fahrenheit. This was never the intent of the EPA's guidelines nor was it the intent of the commission.

The adopted amendment to § 115.419, Counties and Compliance Schedules, adds clarifying language and replaces the term " undesignated head" with the term " division."

Subchapter E, Division 2, Surface Coating Processes The adopted amendments to § 115.423, Alternate Control Requirements, clarify the requirements for when a vapor control system is used to control emissions from coating operations. Specifically, current § 115.423( 3) is reformatted into two paragraphs to add an equation specifying how to determine the minimum overall control efficiency necessary to demonstrate equivalency with the emission limitations of § 115.421 when a vapor control system is used to control emissions from coating operations. The owner or operator can choose to use either a daily weighted average or the maximum VOC content in the equation. Use of the maximum VOC content ( i. e., the worst case scenario) has the advantage of being a one time calculation. The phrase " of any surface coating facility" is deleted from adopted paragraph ( 3)( B) because it is redundant.

The adopted amendments to § 115.426, Monitoring and Recordkeeping Requirements, clarify that records of non exempt solvent washings are not required if an owner or operator using non exempt solvents for washing directs the non exempt solvent into a container that prevents evaporation into the atmosphere. This change is consistent with air rule interpretation R5 412.005.

The adopted amendments to § 115.427, Exemptions, delete a portion of § 115.427( a)( 3)( C) that explains that coatings which are not subject to a standard in § 115.421( a)( 1)  ( 15) are not included in the exemption calculation and move it to § 115.427( a)( 3) so it is clear that this statement applies to all of the exemptions listed under this paragraph. The same clarifying statement is also added to § 115.427( b)( 1). The phrase " volatile organic compound ( VOC)" is replaced by the acronym " VOC." Appendix 2 Excerpt from May 10, 2002 Texas Register Subchapter C, Volatile Organic Compound Transfer Operations Division 1, Loading and Unloading of Volatile Organic Compounds The adopted amendments to § 115.214, Inspection Requirements, add the phrase " to or from transport vessels" to the catchlines in subsections ( a)( 1) and ( b)( 1) to more accurately describe the requirements of these paragraphs. The amendments to § 115.214 also correct a typographical error in § 115.214( b)( 1)( D)( ii) by changing a reference from § 115.213( b) to § 115.213( c).

Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes Division 1, Process Unit Turnaround and Vacuum Producing Systems in Petroleum Refineries The adopted amendments to § 115.311, Emission Specifications, correct a typographical error in § 115.311( a)( 1) and ( 2) by changing references from § 115.312( a) to § 115.312( a)( 2).

The adopted amendments to § 115.312, Control Requirements, change " Centigrade" to " Celsius" in § 115.312( a)( 2)( A) and ( b)( 2)( A), and change " vapor recovery system" to " vapor control system" in § 115.312( a)( 2)( C) and ( b)( 2)( C). In addition, the amendments to § 115.312 replace the phrase " volatile organic compound ( VOC)" with the acronym " VOC" because this acronym was previously established within the section.

The adopted amendments to § 115.313, Alternate Control Requirements, incorporate Gregg, Nueces, and Victoria Counties into subsection ( a), now implied, and delete all of subsection ( b), which currently contains the alternate control requirements for these three counties. The amendments to § 115.313 also revise the term " undesignated head" to " division."

The adopted amendments to § 115.316, Monitoring and Recordkeeping Requirements, delete the existing § 115.316( a)( 1)( D) and ( b)( 1)( D), which concern records associated with control device maintenance activities, because maintenance activities are already addressed in § 101.7. The amendments to § 115.316 also update references from the " Texas Air Control Board" and " TACB" ( one of the commission's predecessor agencies) to " executive director" for consistency with the commission's style guidelines and abbreviate " EPA" because this term is defined in § 3.2, Definitions.

The adopted amendment to § 115.319, Counties and Compliance Schedules, revises the term " undesignated head" to " division."

Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes Division 2, Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties The adopted amendments to § 115.322, Control Requirements, revise the phrase " safety pressure relief valves" in § 115.322( 4) to " pressure relief valves" for consistency with other sections in Chapter 115. The amendments to § 115.322 also revise § 115.322( 5), which requires that pipeline valves and pressure relief valves in gaseous VOC service be marked in some manner that will be readily obvious to monitoring personnel, by adding an option that the owner or operator may choose to monitor all components in liquid service on the schedule for components in gaseous service specified in § 115.324( 2), Inspection Requirements. This option will result in more frequent monitoring of components in liquid service, but will add flexibility for owners or operators to be able to choose which option will be most efficient and effective for their refinery.

The adopted amendments to § 115.325, Testing Requirements, change " Centigrade" to " Celsius" and spell out " American Petroleum Institute."

The adopted amendments to § 115.326, Recordkeeping Requirements, spell out and acronym " parts per million by volume ( ppmv)" and revise the recordkeeping requirements for consistency with the fugitive emissions monitoring program required by § 115.324. Specifically, the amendments add requirements for keeping records of the date the component was monitored, the results of the monitoring ( in ppmv), the test method used ( Test Method 21, or sight/ sound/ smell), and the date on which a first attempt at repair was made to a leaking component. In the proposed language, the existing § 115.326( 2)( H) was to remain but be renumbered to become § 115.326( 2)( G)( v). However, in the January 4, 2002 issue of the Texas Register ( 27 TexReg 65), the existing language, " those leaks that cannot be repaired until turnaround," was incorrectly struck through as being deleted. A correction was published in the March 29, 2002 issue of the Texas Register ( 27 TexReg 2589). For clarity, this section is adopted with changes to indicate that the existing language is to remain as new § 115.326( 2)( G)( v).

The adopted amendments to § 115.327, Exemptions, revise the term " these sections" ( which should have been " this undesignated head") to " division" and spell out and acronym " pounds per square inch absolute ( psia)" and " centimeters ( cm)." The amendments to § 115.327 also correct the formatting of the numerical number " 5" to the word " five."

Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes Division 3, Fugitive Emission Control in Petroleum Refining, Natural Gas/ Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas The adopted amendment to § 115.352, Control Requirements, revises the phrase " safety pressure relief valves" in § 115.322( 4) to " pressure relief valves" for consistency with other sections in Chapter 115.

The adopted amendment to § 115.353, Alternate Control Requirements, revises the term " undesignated head" to " division."

The adopted amendments to § 115.355, Testing Requirements, revise the term " undesignated head" to " division," correct the title of the division, and spell out and acronym " American Petroleum Institute ( API)." The commission proposed to include a reference in § 115.355( 1) to calibration at 500 ppmv for Test Method 21 but has determined to retain the current requirement for calibration at 10,000 ppmv because a leak is defined as 10,000 ppmv for certain components.

The adopted amendments to § 115.356, Recordkeeping Requirements, revise the recordkeeping requirements for consistency with the fugitive emissions monitoring program required by § 115.354 by adding a requirement for keeping records of the date on which a first attempt at repair was made to a leaking component. The amendments to § 115.356 also abbreviate " EPA" because this term is defined in § 3.2.

The adopted amendments to § 115.357, Exemptions, revise the term " undesignated head" to " division" in § 115.357( 2) and ( 6)  ( 8) and add the title of the division to § 115.357( 2). In addition, the amendments to § 115.357 spell out and acronym " volatile organic compound ( VOC)" and " parts per million by volume ( ppmv)" and acronym the term " pounds per square inch absolute" as " psia."

The adopted amendments to § 115.359, Counties and Compliance Schedules, add a reference to the division in place of a reference to the sections in the division for brevity and clarity, and replace language which is obsolete due to the passing of a November 15, 1996 compliance date with new language stating that all affected persons in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall continue to comply with this division ( relating to Fugitive Emission Control in Petroleum Refining, Natural Gas/ Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas) as required by § 115.930 ( relating to Compliance Dates).

Subchapter E, Solvent Using Processes Division 2, Surface Coating Processes The adopted amendments to Subchapter E include revising the subchapter title from " Solvent Using Process" to " Solvent Using Processes" in order to more accurately describe the contents of this subchapter.

The adopted amendments to § 115.420, Surface Coating Definitions, add a definition of hydrocarbon based cleaning solvent to § 115.420( b)( 1) which is consistent with the requirements for hydrocarbon based cleaning solvents specified in Table 1  Composition Requirements for Approved Cleaning Solvents of 40 Code of Federal Regulations ( CFR) § 63.744, Standards: Cleaning operations. The EPA's Control of Volatile Organic Compound Emissions from Coating Operations at Aerospace Manufacturing and Rework Operations ( aerospace Control Techniques Guideline ( CTG)) was the basis for the adoption of the aerospace coating requirements which were added to the Surface Coating Processes Division effective July 20, 2000, as published in the July 14, 2000 issue of the Texas Register ( 25 TexReg 6752). The July 2000 adopted rule language was based on rule language provided in the Aerospace Manufacturing and Rework Operations Model Rule, found in Appendix B of the aerospace CTG. In the aerospace CTG's model rule, however, hydrocarbon based cleaning solvents specified in Table 1 of 40 CFR § 63.744 were inadvertently not exempted from the housekeeping measures, thereby creating an inconsistency between the Chapter 115 aerospace rules and 40 CFR § 63.744.

The adopted amendments to § 115.420( b)( 1) also renumber subsequent definitions to accommodate the new definition of " hydrocarbon based cleaning solvent," correct the abbreviation for " basecoat/ clearcoat" in § 115.420( b)( 12)( B)( i), and correct the variable " i" to " e" in the first summation sign in the denominator of the definition of " VOC composite vapor pressure" in the renumbered § 115.420( b)( 1)( EEEE).

The adopted amendments to § 115.421, Emission Specifications, revise § 115.421( a)( 11) to clarify that the exemption for separate coating formulations in volumes less than 50 gallons per year to a maximum of 200 gallons per year for all such formulations applies to the total usage of these coatings at the account. The amendments also clarify that the term " formulations" refers to coating formulations and clarify that the term " antique aerospace" refers to antique aerospace vehicles.

The adopted amendment to § 115.422, Control Requirements, adds " hydrocarbon based cleaning solvents" to the list of cleaning solvents that are exempt from the housekeeping measures for the reasons explained in the discussion of § 115.420.

Subchapter E, Solvent Using Processes Division 4, Offset Lithographic Printing The adopted amendment to § 115.440, Offset Printing Definitions, adds a new § 115.440( 10) to define " VOC composite partial pressure," which is necessary due to the adopted new § 115.442( 1)( F)( iii).

The amendments to § 115.442, Control Requirements, add a new § 115.442( 1)( F)( iii) to give an additional option for meeting VOC reduction requirements by using cleaning solutions with a VOC composite partial vapor pressure less than or equal to ten millimeters of mercury ( mm Hg) at 20 degrees Celsius ( 68 degrees Fahrenheit). This revision is needed to provide additional flexibility in this rule to encourage the use of low vapor pressure cleaning solutions which have lower VOC emissions than conventional cleaning solutions. The amendments also spell out and acronym " parts per million by volume ( ppmv)" in § 115.442( 2).

The adopted amendments to § 115.445, Approved Test Methods, abbreviate " EPA" in § 115.445( 5) because this term is defined in § 3.2, and add a needed section symbol for a federal regulation citation along with the effective date of October 18, 1983 for the federal regulations.

The adopted amendments to § 115.446, Monitoring and Recordkeeping Requirements, revise the temperature monitoring device accuracy requirement in § 115.446( 1) to include an option that the accuracy be ± 1.0% of the temperature being monitored. In response to comment, § 115.446( 3) was revised to clarify that the requirement that the dryer be maintained at negative pressure applies only when the press is operating. The amendments to § 115.446 also revise § 115.446( 5) to add an option for the monitoring and recording of temperature readings with respect to fountain solutions. These revisions are needed to provide additional flexibility in the rule for consistency with the offset printing CTG and other federal guidance. In addition, the amendments to § 115.446 change a reference from " § 115.442( 1)( A)  ( D)" to " § 115.442( 1)( A), ( C), or ( D) " because § 115.442( 1)( B) does not include fountain solution refrigeration as an option. Also in response to comment, a reference in § 115.446( 6) was corrected from " continuous cleaning equipment" to " automatic cleaning equipment" for consistency with the terminology used in the offset printing industry. Appendix 3 Excerpt from January 3, 2003 Texas Register Subchapter C, Volatile Organic Compound Transfer Operations Division 1, Loading and Unloading of Volatile Organic Compounds The amendment to § 115.211, concerning Emission Specifications, revises § 115.211( 2) by deleting language which is obsolete due to the passing of an April 30, 2000 compliance date.

The amendments to § 115.215, concerning Approved Test Methods, revise § 115.215( 6) by adding the date of the gasoline terminal test procedures of 40 CFR § 60.503 ( b)  ( d) and revise § 115.215( 7) by updating the reference to the marine vessel vapor tightness test of 40 CFR § 61.304( f).

The amendments to § 115.219, concerning Counties and Compliance Schedules, delete the current § 115.219( d)  ( h) because these subsections are obsolete due to the passing of an April 30, 2000 compliance date. The amendments to § 115.219 also revise § 115.219( b) and ( c) by deleting language which is obsolete due to the passing of an April 30, 2000 compliance date, and adding language which specifies that owners and operators of gasoline terminals and gasoline bulk plants in the 95 attainment counties of east and central Texas must continue to comply with this division as required by § 115.930, concerning Compliance Dates. Finally, the amendments to § 115.219 reletter the current § 115.219( i) as § 115.219( d).

Subchapter C, Volatile Organic Compound Transfer Operations Division 2, Filling of Gasoline Storage Vessels ( Stage I) for Motor Vehicle Fuel Dispensing Facilities The amendments to § 115.229, concerning Counties and Compliance Schedules, revise § 115.229( a) and ( b) by deleting language which is obsolete due to the passing of a January 31, 1994 compliance date and replacing it with language specifying that owners and operators of motor vehicle fuel dispensing facilities in the 16 ozone nonattainment counties and 95 attainment counties of east and central Texas must continue to comply with this division as required by § 115.930. The amendments to § 115.229 also delete the current § 115.229( c) and ( d) because these subsections are obsolete due to the passing of November 15, 1994 and April 30, 2000 compliance dates.

Subchapter C, Volatile Organic Compound Transfer Operations Division 3, Control of Volatile Organic Compound Leaks from Transport Vessels The amendments to § 115.239, concerning Counties and Compliance Schedules, replace references to the sections in this division with references to the division itself. In addition, the amendments to § 115.239 revise § 115.239( b) by deleting language which is obsolete due to the passing of an April 30, 2000 compliance date and replacing it with language specifying that the owner or operator of each gasoline tanktruck tank in the 95 attainment counties of east and central Texas must continue to comply with this division as required by § 115.930.

Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes Division 1, Process Unit Turnaround and Vacuum Producing Systems in Petroleum Refineries The amendments to § 115.312, concerning Control Requirements, add a new § 115.312( a)( 3) which specifies that at petroleum refineries in HGA, vent gas streams from steam ejectors, vacuum producing systems, and hotwells with contact condensers which include an HRVOC are subject to the requirements of the new Subchapter H in addition to the applicable requirements of Division 1 of Subchapter D. The amendments to § 115.312 further specify that at petroleum refineries in HGA, any process unit shutdown or turnaround of a unit in which an HRVOC is a raw material, intermediate, final product, or in a waste stream, is likewise subject to the requirements of the new Subchapter H in addition to the applicable requirements of Division 1. The new paragraph is necessary to make it clear that the requirements of the new Subchapter H apply in addition to, rather than in place of, the requirements of Division 1. Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes Division 2, Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties The amendments to § 115.326, concerning Recordkeeping Requirements, revise § 115.326( 2)( G)( v) to require the owner or operator to record the date on which a leaking component is placed on the shutdown list. This is necessary in order to enhance enforceability of the requirement that leaking components on the shutdown list be repaired at the next shutdown. The amendments to § 115.326 also revise the record retention time specified in § 115.326( 3) and ( 4) from two years to five years for consistency. The sources subject to Chapter 115 are also subject to FCAA Title V permit requirements, which specify a five year period for retention of compliance records.

Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes Division 3, Fugitive Emission Control in Petroleum Refining, Natural Gas/ Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas The amendments to § 115.352, concerning Control Requirements, revise § 115.352( 1) for improved syntax and delete the reference to calibrating on propane and hexane because these compounds can modify the screening concentration that was used in the correlation equations. In addition, methane is the industry standard calibration gas.

The amendments to § 115.352 also relocate to a new § 115.352( 2)( A) the current language, which specifies that if the repair of a component would require a unit shutdown which would create more emissions than the repair would eliminate, the repair may be delayed until the next shutdown. The new § 115.352( 2)( A) adds a requirement for the owner or operator to maintain documentation that the total cumulative emissions from leaking components in the unit are less than the emissions resulting from shutdown of the unit. This new requirement is necessary because the emissions resulting from shutdown of the unit are most appropriately compared to the cumulative emissions from leaking components in the unit, rather than the emissions from a single leaking component, because all unrepaired leaking components will continue to emit until the next unit shutdown. The amendments to § 115.352 add an option for delay of repair if extraordinary efforts to repair the leaking component ( e. g., drilling and injection of sealant) must be made within seven days of the component being placed on the shutdown list. The component can only remain on the shutdown list after a second unsuccessful attempt to repair it through extraordinary efforts, unless the owner or operator demonstrates that there is a safety, mechanical, or major environmental concern posed by repairing the leak through extraordinary means.

In addition, the amendments to § 115.352 add a new § 115.352( 2)( B) which requires that each component for which repair has been delayed must be repaired at the next unit shutdown. The amendments to § 115.352 also add a new § 115.352( 2)( C) which specifies that delay of repair beyond a unit shutdown is allowed if the component is isolated from the process and does not remain in VOC service, since the component would no longer have the potential to leak.

The amendments to § 115.352 also add a new § 115.352( 2)( D) which specifies that valves which can be safely repaired without a process unit shutdown may not be placed on the shutdown list. An example of such a valve is a leaking valve in pipeline service and located on the top of the line in a tank farm because the valve can have its packing replaced without a leak occurring provided that the line is depressurized.

The amendments to § 115.352 also add a new § 115.352( 2)( E) which specifies that all components for which a repair attempt was made shall be monitored for leaks ( with a hydrocarbon gas analyzer) within 30 days or at the next monitoring period, whichever occurs first, after startup is completed following the shutdown. This is necessary to ensure that leaking components have been properly repaired.

In addition, the amendments to § 115.352 revise § 115.352( 4) to specify that caps or plugs on open ended lines must be tight fitting. This is necessary because in some cases the caps or plugs are only finger tight, thereby resulting in emissions. The amendments to § 115.352 also revise § 115.352( 8) to allow metal tometal seals. Commission staff has determined that this type of connector is as effective as a flanged connection.

The amendments to § 115.352 also revise § 115.352( 8) to specify that all new connections must be checked for leaks within 30 days of being placed in VOC service by monitoring with a hydrocarbon gas analyzer for components in light liquid and gas service and by using visual, audio, and/ or olfactory means for components in heavy liquid service.

The amendments to § 115.352 further revise § 115.352( 9) to allow for use of devices similar to rupture disks. This revision will add the flexibility to use a rupture pin, second relief valve, or other similar leaktight pressure relief component.

Finally, the amendments to § 115.352 add a new § 115.352( 10) which specifies that any petroleum refinery; synthetic organic chemical, polymer, resin, or methyl tert butyl ether manufacturing process; or natural gas/ gasoline processing operation in HGA in which an HRVOC is a raw material, intermediate, final product, or in a waste stream, is subject to the requirements of the new Subchapter H in addition to the applicable requirements of Division 3 of Subchapter D. The new paragraph is necessary to make it clear that the requirements of the new Subchapter H apply in addition to, rather than in place of, the requirements of Division 3.

The amendments to § 115.354, concerning Inspection Requirements, revise § 115.354( 3) to exclude flanges in HGA which are required to be monitored for leaks using Test Method 21 under § 115.781( b)( 3).

The amendments to § 115.354 also add new § 115.354( 9) to require that all component monitoring take place when the component is in contact with process material and the unit is in service. This is necessary because some companies have been monitoring components in units that are shut down, thereby inflating the count of components that are not leaking and lowering, on paper, the percentage of components that are leaking.

In addition, the amendments to § 115.354 add new § 115.354( 10) to require the use of dataloggers and/ or electronic data collection devices during monitoring, except when paper logs are necessary or more feasible ( e. g., small rounds ( less than 100 components), re monitoring following component repair, or when dataloggers are broken or not available). In addition, new § 115.354( 10) requires daily transfer of electronic data from electronic datalogging devices to the electronic database required by § 115.356( 2), concerning Monitoring and Recordkeeping Requirements.

The new § 115.354( 10) further requires that when an electronic data collection device is used, the collected monitoring data must include the identification of each component and each calibration run, the maximum screening concentration detected, the time of monitoring ( beginning and end), a date stamp, an operator identification, an instrument identification, and calibration gas concentrations and certification dates.

The new § 115.354( 10) also specifies that the acceptable rate for recording data must be determined individually by each owner or operator considering such factors including, but not limited to, the size of the equipment, the equipment type, the accessibility of the equipment, the number of leakers being found, and the skill of the monitoring technicians. The new § 115.354( 10) further specifies that each owner or operator must have a documented auditing process in place to assure proper calibration, identify response time failures, and assess pace anomalies.

The new § 115.354( 10) also specifies that changes to the database must be detailed in a log or inserted as a notation in the database, and that all such changes must include the name of the person who made the change, the date of the change, and an explanation to support the change.

In addition, the amendments to § 115.354 add a new § 115.354( 11) which specifies that the monitored VOC concentration must be recorded for each component, rather than using notations such as " not leaking" or " below leak definition" for readings that are below the leak definition for the component, or " pegged," " off scale," or " leaking" for readings that are above the leak definition for the component.

For " pegged" readings on the hydrocarbon gas analyzer, one approach is to set the hydrocarbon gas analyzer to 10x scale or, if necessary, 100x scale. For example, a hydrocarbon gas analyzer reading of 8,000 ppmv on 10x scale means that the actual VOC concentration which must be recorded is 80,000 ppmv. If the hydrocarbon gas analyzer is still pegged on 100x scale or is not equipped with a 100x scale, a default pegged value of 100,000 ppmv is recorded.

Alternatively, if the hydrocarbon gas analyzer is not equipped with a 10x scale, a dilution probe which pulls in ambient air at a known ratio ( e. g., ten to one) is used. For example, a hydrocarbon gas analyzer reading of 8,000 ppmv with a dilution probe using a ten to one dilution ratio means that the actual VOC concentration which must be recorded is 80,000 ppmv. If the hydrocarbon gas analyzer is still pegged using a dilution probe, a default pegged value of 100,000 ppmv is recorded. This is necessary to be able to more accurately determine the VOC concentration for " pegged" components, which in turn will allow for a more accurate emissions inventory for use in developing control strategies toward reaching attainment with the ozone standard.

Similarly, the requirement to record the VOC concentration for components which are below the leak threshold will allow for a more accurate emissions inventory for use in developing control strategies toward reaching attainment with the ozone standard.

Finally, the amendments to § 115.354 add a new § 115.354( 12) which specifies that exemptions for valves with a nominal size of two inches or less expired on July 31, 1992 ( final compliance date). The new paragraph is necessary due to the continued misconception that such an exemption is available in Chapter 115 for ozone nonattainment areas, despite the fact that the rule change which eliminated the exemption was adopted over 11 years ago. ( See the July 2, 1991 issue of the Texas Register ( 16 TexReg 3722  3724)).

The amendments to § 115.356, concerning Monitoring and Recordkeeping Requirements, specify that the recordkeeping requirements can be met either through electronic records or in hard copy format. Electronic records are expected to result in reduced costs compared to hard copy records.

The amendments to § 115.356 also renumber the current § 115.356( 1) as § 115.356( 2) and add a new § 115.356( 1) which specifies that records identifying each process unit must include the name of each process unit, a scale plot plan showing the location of each process unit, process flow diagrams for each process unit showing the general process streams and major equipment on which the components are located, and the expected VOC emissions if the process unit is shut down for repair of components or other equipment. These records are necessary to improve enforceability by enabling inspectors to more readily determine the process unit's compliance status through easier identification of process units and major equipment, as well as maintenance of estimated shutdown emissions.

In addition, the amendments to § 115.356 replace the current § 115.356( 1)( C), ( D), ( E)( 1), ( H), and ( I) with a renumbered § 115.356( 2)( C) which requires maintenance of all data required to be collected by the monitoring and inspection requirements of § 115.354 for each component which must be monitored with a hydrocarbon gas analyzer. This revision will ensure that records of the appropriate data are maintained, thereby improving the enforceability of the rule.

The amendments to § 115.356 also revise the current § 115.356( 1)( E)( ii) ( renumbered as § 115.356( 2)( D)) to require records of the results of the weekly audio, visual, and olfactory inspections of flanges required by § 115.354( 3). This is necessary because currently there is no way to determine whether the required weekly flange inspections are being conducted as required. The revisions to the renumbered § 115.356( 2)( D) exclude flanges that are monitored using Test Method 21 as required by § 115.781( b)( 3). This will ensure that new instrument monitoring requirements are not added to flanges which are not subject to Subchapter H, Division 3.

The amendments to § 115.356 also revise the current § 115.356( 1)( F) ( renumbered as § 115.356( 2)( E)) to require records of the monitoring instrument data required by § 115.354( 10), such as results of the calibration gas concentrations.

In addition, the amendments to § 115.356 revise the current § 115.356( 1)( G) ( renumbered as § 115.356( 2)( F)) to require the owner or operator to record the component identification and method of leak determination ( Test Method 21, sight/ sound/ smell, or inert gas or hydraulic testing); the date on which a leaking component is placed on the shutdown list the dates and nature of each extraordinary effort to repair the leaking component; the date on which the leaking component was taken out of service as allowed by § 115.352( 2)( C); and the calculation showing the estimated VOC emission rates of the component as required by § 115.352( 2)( A)( i)( II) if extraordinary efforts are not going to be initiated. These revisions ensure that adequate records are required to demonstrate compliance.

The amendments to § 115.356 also revise the current § 115.356( 2) ( renumbered as § 115.356( 2)( G)) to specify that records of the audio, visual, and olfactory inspections of connectors are not required unless a leak is detected. The current § 115.356( 2) only include reference to flanges, which are a specific type of connector. The amendments to § 115.356( 2) are necessary because the recordkeeping requirements of § 115.356 are used to specify some of the records required to demonstrate compliance with the new Subchapter H, Division 3, concerning Fugitive Emissions, which requires monitoring ( with a hydrocarbon gas analyzer) and inspection of connectors.

In addition, the amendments to § 115.356 add a new § 115.356( 3) which requires records for each process unit with leaking components, updated each day after a leaking component is determined to require a process unit shutdown to repair and where extraordinary efforts to repair the component will not be pursued, including: 1) the date, calculations, and estimated emissions of VOC as required by § 115.352( 2)( A)( i)( III); 2) the date, calculations, and comparison of emissions of VOC as required by § 115.352( 2)( A)( i)( IV); and 3) the date of each process unit shutdown required due to VOC emissions of leaking components exceeding the expected VOC emissions from the shutdown. This revision will ensure that records of the appropriate data are maintained, thereby improving the enforceability of the rule.

The amendments to § 115.356 further add a new § 115.356( 4) which requires records identifying and justifying each of the following: 1) unsafe to monitor valve; 2) nonaccessible ( difficult to monitor) valve; and 3) exemption by component claimed under § 115.357. This revision will ensure that records of the appropriate data are maintained, thereby improving the enforceability of the rule.

The amendments to § 115.356 also renumber the current § 115.356( 4) as § 115.356( 5) to accommodate the new § 115.356( 4), and revise the record retention time specified in the renumbered § 115.356( 5) from two years to five years for consistency. The sources subject to Chapter 115 are also subject to FCAA Title V permit requirements, which specify a five year period for retention of compliance records. The five year record retention requirement does not apply to records generated before December 31, 2000. This date was selected because it is two years before the estimated effective date of the revised rules, and consequently will ensure that the new five year record retention requirement is not retroactive to records that were not required to be maintained under the current two year record retention requirement.

The amendments to § 115.357, concerning Exemptions, revise § 115.357( 1) to clarify which specific portions of § 115.354 a component would be exempt from if the conditions of the exemption in § 115.357( 1) are met.

The amendments to § 115.357 also revise § 115.357( 2) to clarify that the current reference to " storage tank valves" means conservation vents or other devices on atmospheric storage tanks that are actuated either by a vacuum or a pressure of no more than 2.5 pounds per square inch gauge ( psig). In addition, the amendments to § 115.357 revise § 115.357( 5) to clarify that reciprocating compressors and positive displacement pumps used in natural gas/ gasoline processing operations are exempt from the requirements of Division 3.

The amendments to § 115.357 also add a new § 115.357( 10) which specifies that the requirements of the new Subchapter H apply to components which qualify for one or more of the exemptions in § 115.357( 1)  ( 9). The new paragraph is necessary to make it clear that the requirements of the new Subchapter H apply in HGA to each component in processes in which an HRVOC is a raw material, intermediate, final product, or in a waste stream, regardless of whether the component can qualify for an exemption from the requirements of Division 3 of Subchapter D.

The amendments to § 115.359, concerning Counties and Compliance Schedules, add a new § 115.359( 2) which specifies a December 31, 2003 compliance date for maintaining the data required to be collected by the monitoring and inspection requirements of § 115.354 for each component required to be monitored with a hydrocarbon gas analyzer, and for maintaining records of the results of the weekly audio, visual, and olfactory inspections of flanges required by § 115.354( 3).

The amendments to § 115.359 also add a new § 115.359( 3) which specifies a December 31, 2003 compliance date for the recordkeeping required by § 115.356( 1), ( 3), and ( 4).

Subchapter E, Solvent Using Processes Division 2, Surface Coating Processes The amendment to § 115.420, concerning Surface Coating Definitions, revises the definition of vehicle refinishing ( body shops) in § 115.420( b)( 12)( B)( viii) to clarify the intent of the exclusion of " construction equipment" from this definition. Specifically, the revisions replace " vehicle" with " motor vehicle" because the definition of vehicle refinishing ( body shops) is intended to apply to self propelled vehicles that are required to be registered under Texas Transportation Code, Chapter 502, consistent with the definition of motor vehicle in 30 TAC § 114.620( 3), concerning Definitions. In addition, the revisions replace " construction equipment" with a reference to non road equipment and non road vehicles, as those terms are defined in § 114.6( 17), concerning Low Emission Fuel Definitions, and § 114.3( 10), concerning Low Emission Vehicle Fleet Definitions. The revisions are necessary to eliminate any confusion over whether the coating of construction equipment is classified as vehicle refinishing or as miscellaneous metal parts and products coating.

The amendment to § 115.421, concerning Emission Specifications, deletes § 115.421( a)( 9)( A)( v) because this requirement is no longer applicable as of December 31, 2001.

The amendments to § 115.427, concerning Exemptions, revise § 115.427( a)( 1)( A) and ( 3) and ( b)( 2)( A) by deleting language which is obsolete due to the passing of a December 31, 2001 compliance date.

The amendments to § 115.429, concerning Counties and Compliance Schedules, delete the current § 115.429( a) and ( b) because these subsections are obsolete due to the passing of a December 31, 1999 compliance date. The amendments to § 115.429 also revise the current § 115.429( c) by deleting language which is obsolete due to the passing of a December 31, 2001 compliance date and replacing it with language specifying that the owner or operator of each surface coating operation in the 16 ozone nonattainment counties and Gregg, Nueces, and Victoria Counties must continue to comply with this division as required by § 115.930. Appendix 4 Excerpt from November 7, 2003 Texas Register Subchapter C, Volatile Organic Compound Transfer Operations Division 1, Loading and Unloading of Volatile Organic Compounds The amendments to § 115.216, Monitoring and Recordkeeping Requirements, add a missing section symbol to § 115.216( 1)( B).

In addition, the amendments to § 115.216 revise § 115.216( 3)( B) to specify that vapor pressure records are not required if the total volume of VOC loaded into transport vessels is less than 20,000 gallons per day ( averaged over each consecutive 30 day period). This revision is adopted because vapor pressure records are not necessary to establish compliance with the 20,000 gallon per day exemption threshold at loading operations for which the total volume of VOC loaded into transport vessels is less than 20,000 gallons per day. In addition, the amendments spell out and acronym " pounds per square inch, absolute ( psia)" in § 115.216( 3)( C).

The amendments to § 115.217, Exemptions, revise § 115.217( a)( 1) and ( b)( 1) by adding " to or from transport vessels" to indicate that VOC transfer includes both loading and unloading operations to or from transport vessels. The amendments to § 115.217 also revise § 115.217( a)( 2)( A) and ( b)( 3)( A) by replacing " any plant" with " loading operations at any plant" because these exemptions are more appropriately associated with loading operations at the plant, rather than the plant itself. In addition, the amendments to § 115.217 revise § 115.217( a)( 2)( A) and ( B), ( 3), ( 4), and ( 5)( A); and ( b)( 1), ( 2), ( 3)( A) and ( B), and ( 4)  ( 6), by deleting unnecessary division title references Appendix 5 Excerpt from April 8, 2005 Texas Register Subchapter C, Division 2, Stage I Vapor Recovery The amendment to § 115.222, Control Requirements, adds " or third party certification" to § 115.222( 5) and changes " shall" to " must" in § 115.222 ( 1), ( 10), and ( 11), as previously discussed in this preamble. In § 115.222( 7), the word " tank" is inserted to state more clearly which vapors are covered by the provision. In § 115.222( 9), the phrase " combustible gas detector" is being replaced with the term " hydrocarbon gas analyzer." The revision to § 115.222( 12) clarifies that the exemption limits in § 115.227 do not establish applicability to the rule. At proposal, the requirement was rewritten to state that if a motor vehicle fuel dispensing facility does not meet an exemption in § 115.227, then the owner or operator has 120 days to come into compliance with the provisions of this division. At adoption, the proposed language is changed to clarify that exceeding a throughput level that pertains to an exemption in § 115.227 means that exemption no longer applies to the facility. Also, in § 115.222( 12), the word " subsection" is replaced with " section" to conform to Texas Register guidelines.

The amendment to § 115.223, Alternate Control Requirements, removes the language referencing § 115.910 for demonstrating an alternate control requirement ( ACR) and replaces it with language comparable to that given in § 115.243, which regulates ACRs for Stage II. This amendment will make the approval of new Stage I equipment easier and more commensurate with the approval process in place for Stage II equipment.

Subchapter C, Division 4, Stage II Vapor Recovery The amendment to § 115.240, Stage II Vapor Recovery Definitions and List of California Air Resources Board Certified Stage II Equipment, revises the definition of " Onboard refueling vapor recovery compatible." Following the promulgation of the last Stage II rule revision ( November 2002), new vapor recovery technologies have been developed that are limited by the prior definition. The new definition considers any vapor recovery system certified by CARB as ORVR compatible, regardless of whether it is vacuum assisted, to also be ORVR compatible in Texas. In addition, a system certified, using test methods approved by the executive director, by an independent third party evaluator to maintain an overall efficiency of at least 95% while dispensing fuel to both ORVR equipped and non ORVR equipped vehicles may be considered ORVR compatible in Texas. The use of the acronym " ORVR" in the title is also deleted to conform to agency guidelines. The amendment also changes " shall" in § 115.240( a) to present tense, as previously discussed in this preamble. At adoption, based on public comment, the definition of " major system replacement or modification," which was added to § 115.245( 1)( D) at proposal, is moved to this section as § 115.240( a)( 1), and the subsequent definitions are renumbered. At adoption to conform to Texas Register guidelines, the phrase " the California Air Resources Board" in the proposed language in § 115.240( a)( 3) is replaced by the acronym " CARB" because the language added at adoption as § 115.240( a)( 1) defines the acronym earlier in the same section. The amendment to § 115.240( b) removes the phrase " in the following figure" and replaces it with " contained in this subsection" to conform to Texas Register guidelines. At adoption to conform to Texas Register guidelines, the phrase " California Air Resources Board" in the existing language in § 115.240( b) is removed and the acronym " CARB" retained because the language added at adoption as § 115.240( a)( 1) defines the acronym earlier in the same section.

The amendment to § 115.242, Control Requirements, adds " or third party certification" to § 115.242( 2), ( 3), ( 3)( B) and ( G), and ( 12)( C); changes " shall" to " must" in § 115.242( 2), ( 2)( A)  ( F), ( 5), ( 6), and ( 9); changes " shall" to " may" in § 115.242( 1)( A) and ( B); and changes " shall" to present tense in § 115.242( 2)( B) and ( D), as previously discussed in this preamble. The amendment removes " vacuum assist" from § 115.242( 1)( C) because this distinction is no longer necessary because CARB determined that all previously certified balance systems are ORVR compatible. In § 115.242( 2), a grammatical error is corrected by inserting " and" into a series of sections. The amendment to § 115.242( 2)( C) removes the phrase " one eighth of an" and replaces it with " 1/ 8" to conform to Texas Register guidelines. In § 115.242( 2)( D), the provision for the minimum size of vapor piping is rephrased to be consistent with the rule drafting guideline. Additionally, the phrase " and shall slope towards the storage tank at all points" is added to § 115.242( 2)( E) to augment the requirements for riser piping. This language ensures that the piping within and below the dispenser will be free of liquid traps. The words " or control" is added to § 115.242( 3)( H) to cover newer vapor recovery system designs that are not necessarily considered " vapor processors." In § 115.242( 6), language concerning the removal of out of order tags and returning equipment to service is changed to be more understandable. The revision to § 115.242( 10) clarifies that the exemption limits in § 115.247 do not establish applicability to the rule. The requirement has been rewritten to state that if a motor vehicle fuel dispensing facility does not meet an exemption in § 115.247, then the owner or operator has 120 days to come into compliance with the provisions of this division. In § 115.242( 12), the phrase " with jurisdiction" is inserted after the phrase " local air pollution program" to add specificity. In § 115.242( 12)( C), the word " number( s)" is added after the phrase " CARB Executive Order" to show that the entire CARB Executive Order does not need to be submitted.

The only amendment to § 115.243( 2), Alternate Control Requirements, is a change from the word " verified" to " certified." This change is needed both to strengthen the ACRs and to make this language consistent with the rest of the rule.

The amendment to § 115.245, Testing Requirements, reconfigures the entire section, but results in only a minor additional requirement. Language is reconfigured to make § 115.245( 1) applicable only to initial or full system testing; § 115.245( 2) applicable to only annual testing; and new § 115.245( 3) applicable only to pretest notification and reporting of test results. At adoption, based on public comment, the definition of " major system replacement or modification," which was added to § 115.245( 1)( D) as part of the reconfiguration, is moved to § 115.240( 1) as discussed previously in this preamble. The amendment to § 115.245( 2) removes " twelve" and replace it with " 12" to conform to Texas Register guidelines. The provisions in § 115.245( 3) are broken out of § 115.245( 2) and modified because the current language in this section is redundant, confusing, and somewhat difficult to enforce. The remaining paragraphs are renumbered. Other changes add " or third party certification" to § 115.245( 1)( A)( i) and ( C) and change " shall" to " must" in § 115.245( 1), ( 1)( A)( i)  ( iv), ( 1)( B) and ( C), ( 2), ( 5), and ( 6), as previously discussed in this preamble. In § 115.245( 1), the word " commission's" is added before the title " Vapor Recovery Test Procedure Handbook" to add specificity. Additionally, the changes add the applicable Texas test procedure number after the description of each required test and add test time as a required item for pretest notifications in new § 115.245( 3). At adoption, new wording is added to renumbered § 115.245( 4) to make it clear that only test modifications that have been approved by the executive director may be used.

The amendment to § 115.248, Training Requirements, adds " and testing" to § 115.248( 3)( C) to better ensure that testing requirements are included in the curriculum of approved Stage II training courses. The commission is changing " shall" to the present tense in § 115.248( 1) and ( 4)( B)( ii) and changing " shall" to " must" in § 115.248( 1), as previously discussed in this preamble. The proposed amendment also corrects a typographic error in § 115.248( 4)( B)( ii).

The amendment to § 115.249, Counties and Compliance Schedules, removes " vacuum assist" from § 115.249( c), ( c)( 1), and ( c)( 2). This distinction is no longer necessary because CARB determined that all previously certified balance systems are ORVR compatible. Appendix 6 Excerpt from April 29, 2005 Texas Register Subchapter A, Definitions § 115.10, Definitions The amendment to § 115.10 revises, for the purposes of Subchapter C, Division 2, the definitions of " Covered attainment counties" and " Dallas/ Fort Worth area" by moving Ellis, Johnson, Kaufman, Parker, and Rockwall Counties from the " Covered attainment counties" definition to the " Dallas/ Fort Worth area" definition. Additionally, the definition change for " Dallas/ Fort Worth area," that includes Ellis, Johnson, Kaufman, Parker, and Rockwall Counties, applies to Subchapter E, Division 2. The existing definitions continue to apply in the other sections of the chapter. A reference to the Texas Health and Safety Code has been added to the first sentence of § 115.10, as a change to the proposed language, to be consistent with other agency rules.

Subchapter C, Volatile Organic Compound Transfer Operations Division 2, Filling of Gasoline Storage Vessels ( Stage I) for Motor Vehicle Fuel Dispensing Facilities § 115.229, Counties and Compliance Schedules The amendment to § 115.229 adds new subsection ( d) to specify that facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties that have dispensed at least 10,000 but less than 125,000 gallons of gasoline per month must comply with the requirements as soon as practicable, but no later than June 15, 2007. This date is the deadline specified for control measures to be in place for the 5% increment of progress.

Subchapter E, Solvent Using Processes Division 2, Surface Coating Processes § 115.429, Counties and Compliance Schedules The amendment to § 115.429 designates the existing text in § 115.429 as § 115.429( a) and adds a new subsection ( b), to specify that surface coating facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties must comply with the requirements as soon as practicable, but no later than June 15, 2007. This date is the deadline specified for control measures to be in place for the 5% increment of progress.


                     U.S. ENVIRONMENTAL PROTECTION AGENCY
             Farm, Ranch, and Rural Communities Committee (FRRCC)
                             TELECONFERENCE AGENDA
                                August 8, 2013
                          1:00 pm EST  -  3:00pm EST
     The call-in number is 1-866-299-3188, and the access code is 5644700#
1:00-1:15pm	 Welcome and introductions
 *        Roll Call of FACA members on the phone
 *        Introduction of EPA Regional Ag Advisors
 *        Introduction of Program Office agriculture related staff

1:15-1:45pm	EPA follow up on Committee recommendations from the 2011 Report
      *        Any nutrient criteria proposed by EPA should be science based with a clear cause-effect relationship
      *        EPA guidelines on preparation of economic analysis should be followed
      *        EPA should have a coordinated public engagement plan
      *        Each region should have a designated agricultural liaison
      *        EPA should work proactively with agriculture and should support certainty programs
      *        EPA should leverage all available resources including state federal conservation programs, 319 funding, USDA programs, State Revolving Loan funds, private foundations, etc.
      *        EPA should enable and provide resources for a multi entity, multi-disciplinary approach to quantifying the water quality benefits from agricultural practices

1:45-2:00pm	Committee input on potential future briefings to the FACA

 2:00-2:40pm	EPA presentation on a series of issues that the FACA may be interested in 			delving into and for which we need your help
            2:00-2:10	NAEMS Study next steps
            2:10-2:20	OW animal ag strategy work group
            2:20-2:30	E-NPDES presentation
            2:30-2:40	Nitrogen and Co-pollutant Research Roadmap

 2:40-2:45pm	How to work better moving forward
2:45-2:50pm	Future meeting dates
2:50-3:00pm	Public Comments
 3:00pm 	Adjourn


[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]
[Page 5309]
[DOCID:fr02fe10-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

January 19, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-311-000.
    Applicants: Potomac--Appalachian Transmission Pipeline.
    Description: TransCanada Corporation Refund Report for Coyote
Springs Lateral Interruptible Transportation.
    Filed Date: 01/15/2010.
    Accession Number: 20100115-5025.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 27, 2010.

    Docket Numbers: RP10-312-000.
    Applicants: Black Marlin Pipeline Company.
    Description: Black Marlin Pipeline Company Petition for Extension
of Temporary Exemptions from Tariff Provisions.
    Filed Date: 01/15/2010.
    Accession Number: 20100115-5052.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 27, 2010.

    Docket Numbers: RP10-313-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
Original Sheet 35C.09 to FERC Gas Tariff, Seventh Revised Volume 2, to
be effective 2/1/10.
    Filed Date: 01/15/2010.
    Accession Number: 20100114-0215.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 27, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-2088 Filed 2-1-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 12, 2010 (Volume 75, Number 91)]
[Notices]
[Page 26745-26746]
[DOCID:fr12my10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

May 05, 2010.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER09-393-002.
    Applicants: West Oaks Energy, LLC.
    Description: West Oaks Energy, LLC submits Notice of Non-Material
Change in Status in compliance with Commission's reporting requirements
adopted in Order 652.
    Filed Date: 05/04/2010.
    Accession Number: 20100504-0218.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER09-1321-003.
    Applicants: Blue Canyon Windpower V LLC.
    Description: Supplement to Notice of Change in Status of Blue
Canyon Windpower V LLC.
    Filed Date: 05/04/2010.
    Accession Number: 20100504-5152.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER10-400-002.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits Original Sheet 1 to
Fourth Revised FERC Rate Schedule 82 et al.
    Filed Date: 05/04/2010.
    Accession Number: 20100504-0222.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER10-787-002.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc submits Substitute 1st Revised
Sheet 15W to FERC Electric Tariff 3 reflecting the reconciliation of
two filings previously accepted by the FERC.
    Filed Date: 05/04/2010.
    Accession Number: 20100504-0221.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER10-1180-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate sheets for the Small Generator

Interconnection Agreement and Service Agreement for Wholesale
Distribution Service with MM West Covina, LLC etc.
    Filed Date: 05/04/2010.
    Accession Number: 20100504-0220.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER10-1181-000.
    Applicants: Vermont Electric Cooperative, Inc.
    Description: Vermont Electric Cooperative, Inc submits 2010
transmission formula rate update to its charges produced by the formula
rates etc.
    Filed Date: 05/04/2010.
    Accession Number: 20100504-0219.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER10-1182-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits the Installed Capacity
Requirement, Local Sourcing Requirements, et al.
    Filed Date: 05/04/2010.
    Accession Number: 20100505-0202.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER10-1183-000.
    Applicants: ISO New England Inc. and New England Power Pool.
    Description: ISO New England Inc. et al. submits tariff sheets
reflecting modifications to the ISO Tariff.
    Filed Date: 05/04/2010.
    Accession Number: 20100505-0203.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Docket Numbers: ER10-1184-000.
    Applicants: Blackstone Wind Farm II LLC.
    Description: Petition of Blackstone Wind Farm II LLC for order
accepting market-based rate tariff for filing and granting waivers and
blanket approvals and request for expedited treatment.
    Filed Date: 05/04/2010.
    Accession Number: 20100505-0204.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 25, 2010.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR09-9-003; RR08-6-007; RR07-14-007.
    Applicants: North American Electric Reliability Corp.
    Description: Further Report of the North American Electric
Reliability Corporation in Response to Paragraph 36 of October 15, 2009
Order on 2010 Business Plans and Budgets.
    Filed Date: 05/03/2010.
    Accession Number: 20100503-5153.
    Comment Date: 5 p.m. Eastern Time on Monday, May 24, 2010.

    Docket Numbers: RR10-9-000.
    Applicants: North American Electric Reliability Corp.
    Description: Petition of North American Electric Reliability
Corporation for Approval of Amended 2010 Business Plan and Budget of
Western Electricity Coordinating Council and Amendment to Exhibit E.
    Filed Date: 04/22/2010.
    Accession Number: 20100422-5186.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 26, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-11243 Filed 5-11-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Page 65423]
[FR Doc No: 2023-20543]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2023-1978]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Advanced
Qualification Program (AQP)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Advanced Qualification Program uses data informed
quality control processes for validating and maintaining the
effectiveness of air carrier training program curriculum content.

DATES: Written comments should be submitted by November 21, 2023.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By Mail: Sandra Ray, Federal Aviation Administration, AFS-260, 1187
Thorn Run Road, Suite 200, Coraopolis, PA 15108.
    By Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sandra L. Ray by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0701.
    Title: Advanced Qualification Program (AQP) Subpart Y to 14 CFR
121.
    Form Numbers: N/A.
    Type of Review: Renewal of an information collection.
    Background: Under 14 CFR part 121, subpart Y, Advanced
Qualification Program (AQP), the FAA provides certificated air
carriers, as well as training centers they employ, with a regulatory
alternative for training, checking, qualifying, and certifying aircrew
personnel subject to the requirements of 14 CFR parts 121 and 135. Data
collection and analysis processes ensure that the certificate holder
provides performance information on its crewmembers, flight
instructors, and evaluators that will enable them and the FAA to
determine whether the form and content of training and evaluation
activities are satisfactorily accomplishing the overall objectives of
the curriculum.
    Respondents: 25 Respondents with approved Advanced Qualification
Programs.
    Frequency: Monthly.
    Estimated Average Burden per Response: 7 Hours.
    Estimated Total Annual Burden: 2,100 Hours.

    Issued in Washington, DC, on September 19, 2023.
Sandra L Ray,
Aviation Safety Inspector, AFS-260.
[FR Doc. 2023-20543 Filed 9-21-23; 8:45 am]
BILLING CODE 4910-13-P