[Federal Register: February 14, 2005 (Volume 70, Number 29)]
[Rules and Regulations]
[Page 7407-7411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe05-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0004; FRL-7872-7]
Approval and Promulgation of State Implementation Plans; Texas;
Revision to the Rate of Progress Plan for the Houston/Galveston (HGA)
Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving revisions to the Texas State
Implementation Plan (SIP) Post-1999 Rate of Progress (ROP) Plan, the
1990 Base Year Inventory, and the Motor Vehicle Emissions Budgets
(MVEB) established by the ROP Plan, for the Houston Galveston (HGA)
ozone nonattainment Area submitted November 16, 2004. The intended
effect of this action is to approve revisions submitted by the State of
Texas to satisfy the reasonable further progress requirements for 1-
hour ozone nonattainment areas classified as severe and demonstrate
further progress in reducing ozone precursors. We are approving these
revisions in accordance with the requirements of the Federal Clean Air
Act (the Act).
DATES: This rule is effective on April 15, 2005, without further
notice, unless EPA receives relevant adverse comment by March 16, 2005.
If EPA receives such comment, EPA will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R06-OAR-2005-TX-0004, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web Site: http://docket.epa.gov/rmepub/ Regional Material in
EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
U.S. EPA Region 6 ``Contact Us'' Web Site: http://epa.gov/region6/r6coment.htm.
Please click on ``6PD'' (Multimedia) and select ``Air''
before submitting comments.
E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please also cc
the person listed in the FOR FURTHER INFORMATION CONTACT section below.
Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax
number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8 a.m. and 4 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID No. R6-OAR-2005-TX-0004 The EPA's policy is that all comments
received will be included in the public file without change and may be
made available online at http://docket.epa.gov/rmepub/, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information the disclosure of which is restricted by statute. Do not
submit information through Regional Material in EDocket (RME),
regulations.gov, or e-mail if you believe that it is CBI or otherwise
protected from disclosure. The EPA RME Web site and the Federal
regulations.gov are ``anonymous access'' systems, which means EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an e-mail comment directly to EPA
without going through RME or regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the public file and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in RME or in the official file which is
available at the Air Planning Section (6PD-L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file
will be made available by appointment for public inspection in the
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays. Contact the person listed in the
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at
(214) 665-7253 to make an appointment. If possible, please make the
appointment at least two working days in advance of your visit. There
will be a 15 cent per page fee for making photocopies of documents. On
the day of the visit, please check in at the EPA Region 6 reception
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment: Texas Commission on Environmental Quality, Office of Air
Quality, 12124 Park Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Guy Donaldson, Air Planning Section
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
telephone (214) 665-7242, donaldson.guy@epa.gov.
SUPPLEMENTARY INFORMATION:
What Action Are We Taking?
We are approving revisions to the HGA area post-1999 ROP Plan for
the 2000-2002, 2003-2005 and 2006-2007 time periods submitted in a
letter dated November 16, 2004. The post-1999 ROP
[[Page 7408]]
plan is designed to achieve an additional 9 percent reduction in
emissions between 1999 and 2002, a further 9 percent reduction between
2002 and 2005, and another further 9 percent reduction between 2005 and
2007. We are also approving revisions to the 1990 base year inventory
and the ROP Plan's associated Motor Vehicle Emissions Budgets (MVEB)
for 2002, 2005 and 2007. This plan replaces previous versions of the
post-1999 rate of progress plan, the 1990 base year inventory, and
mobile vehicle emissions budgets contained in the post-1999 ROP plan,
that were approved November 14, 2001 (66 FR 57160).
Why Are These Revisions Necessary?
On November 16, 2004, the State of Texas submitted the proposed
revisions reflecting the use of EPA's new MOBILE6 model. We released
this new model on January 29, 2002. (See 67 FR at 4254). Using MOBILE6
to calculate the 2002, 2005 and 2007 ROP target levels requires a
revision to the 1990 base year inventory which is the planning base
line from which the ROP targets are calculated. Texas updated the 1990
base year inventory for the HGA area to reflect the use of MOBILE6.
This affected the base year on-road mobile source inventory as well as
the projected emissions reductions in 2005 and 2007 from mobile source
control programs. Texas also made a number of other changes as a result
of updated information.
These revisions result from Texas incorporating the following
updated information into the plan:
New on-road mobile emissions estimates based on the latest
emissions model, MOBILE6, and the effects of the latest census
information and most recent planning assumptions.
New off-road mobile emission estimates using the new
NONROAD emissions model and several area specific activity level
studies.
New future emission estimates because three rural
counties, Waller, Liberty and Chambers, have been dropped from the I/M
program.
The future NOX estimates include relaxation of
the industrial NOX rules from a nominal 90% control to a
nominal 80% control.
New future emissions estimates that do not include
emission reduction projections from the Texas Low Emission Diesel
program. Note, Low Emission Diesel is still required by the TCEQ rules.
It is just not credited to the Rate of Progress plan.
What Are the Clean Air Act's Rate of Progress Requirements?
Section 182(c)(2) of the CAA requires each State to submit for each
serious and above ozone nonattainment area a SIP revision, which
describes, how the area will achieve an actual volatile organic
compound (VOC) emission reduction from the baseline emissions of at
least 3 percent of baseline emissions per year averaged over each
consecutive 3-year period beginning 6 years after enactment (i.e.,
November 15, 1996) until the area's attainment date. The Clean Air Act
does not allow States to take credit for emission reductions due to
Federal Motor Vehicle Controls adopted prior to 1990 or corrections to
reasonably available control technology or vehicle inspection and
maintenance programs. Section 182(c)(2)(C) explains the conditions
under which reductions of oxides of nitrogen (NOX) may be
substituted for reductions in VOC emissions for post 1996 and post 1999
ROP plans.
Why Control Volatile Organic Compounds and Oxides of Nitrogen?
VOCs participate in chemical reactions with oxides of nitrogen
(NOX) and oxygen in the atmosphere in the presence of
sunlight to form ozone, a key component of urban smog. Inhaling even
low levels of ozone can trigger a variety of health problems including
chest pains, coughing, nausea, throat irritation, and congestion. It
can also worsen bronchitis, asthma and reduce lung capacity.
EPA has established National Ambient Air Quality Standards for
Ozone. The previously adoptedStandard of 0.12 ppm averaged over an 1
hour period is being phased out and replaced with a newStandard of 0.08
ppm averaged over an 8 hour period. The 1-hour standard will be revoked
on June 15, 2005.
Areas that do not meet a National Ambient Air Quality Standard are
subject to nonattainment requirements of the Clean Air Act. Air quality
in HGA does not meet either the 1-hour or the 8-hour NAAQS for ozone.
As such, the area is subject to the ROP requirements of section 182 of
the Clean Air Act. The revised ROP plan approved today was developed in
response to a 1-hour ozone requirement. Under the antibacksliding
provisions of the Phase I ozone implementation rule, published on April
30, 2004 (69 FR 69 FR 23951), these rate of progress requirements must
remain in effect. In the future, TCEQ will have to submit a new Rate of
Progress Plan to meet the 8 hour requirements.
How Has Texas Demonstrated Compliance With Rate of Progress
Requirements?
Table 1 and Table 2 show the target levels and the projected
controlled VOC and NOX emissions for each of the milestone
years in the SIP. EPA has articulated its policy regarding the use of
MOBILE6 in SIP development in its ``Policy Guidance on the Use of
MOBILE6 for SIP Development and Transportation Conformity.'' \1\
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\1\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP
Development and Transportation Conformity,'' issued January 18,
2002. A copy of this memorandum can be found on EPA's Web site at
http://www.epa.gov/otaq/transp/traqconf.htm.
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The target levels are calculated by subtracting the needed
percentage reductions for each ROP milestone year and any non-
creditable reductions from the 1990 base year levels. Projected future-
year emissions for 2005 and 2007 were developed by projecting from the
State's 2002 Emission Inventory--actual emission inventory estimates
reported for 2002. The projections for 2005 and 2007 were determined
based on growth estimates using EPA approved methodologies and
imposition of Federal and SIP-approved state enforceable controls. The
two tables demonstrate that estimated emissions in 2002 and projected
emissions in 2005 and 2007 are well below the target levels for each of
the milestone years. In other words, the TCEQ has shown that there will
be more emission reductions than are required to meet each milestone's
target level. For a complete discussion of EPA's evaluation of TCEQ's
calculation of target levels and emission projections, see the
technical support document for this action.
Table 1.--Actual and Projected NOX Emissions
(tons/day)
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Category\year 1990 2002 2005 2007
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Projected Emissions......................................... 1345.8 843.57 699.65 550.25
[[Page 7409]]
Target Level................................................ NA 1088.24 945.57 866.54
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The reductions in projected emissions shown in Table 1 result from
a variety of measures including post-1990 Federal motor vehicle control
programs, NOX reasonably available control technology, and
controls on lean burn engines. The revised ROP Plan does not rely upon
any new controls that were not part of the previously approved ROP
plan; rather, the changes in the numbers are mainly due to the MOBILE6
revised emissions projections for the on road motor vehicle emissions
and the adjustments to State's rules for I/M and industrial
NOX emissions. As in the previous plan, the largest
contributor to NOX emission reductions continues to be the
controls on industrial NOX emissions. This continues to be
the case even with the relaxation of the rules from 90 to 80% nominal
control.
It is worth noting that the 2005 and 2007 projections above do not
include all of the emission reductions expectedin the Houston/Galveston
area including reductions from the Texas Emission Reduction Program.
Table 2.--Actual and Projected VOC Inventories
[tons/day]
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Category\year 1990 2002 2005 2007
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Total....................................................... 1111.21 557.55 523.66 507.13
Target...................................................... NA 726.7 715.7 714.8
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As can be seen in Table 2, the VOC emission reductions were largely
realized between 1990 and 2002. These VOC reductions result from post-
1990 Federal motor vehicle emission control programs, the Texas I/M
program and a variety of point source measures implemented as part of
the area's ROP plans for the 1990-1996 and 1997-1999 time periods.
These plans were previously approved November 14, 2001 (66 FR 57160)
and April 25, 2001 (66 FR 20746). The revised numbers are due primarily
to the use of MOBILE6 and improvements to the area and non-road
inventories.
What Are the Revisions to the 1990 Base Year Inventory?
Table 3 summarizes the changes to the approved 1990 base year
inventory. For a full discussion of EPA's evaluation, see the technical
support document for this action.
Table 3.--1990 Rate-of-Progress Base Year Emissions Inventory
[Base Year Inventory (tons per day)]
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VOC NOX
Source type -------------------------------------------------------
Old New Old New
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Point................................................... 483.28 483.28 794.85 794.85
Area.................................................... 200.07 208.17 14.37 57.57
On-road Mobile.......................................... 251.52 321.70 337.03 391.10
Non-road Mobile......................................... 129.98 97.96 198.08 112.28
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Total............................................... 1064.85 1111.21 1344.4 1355.8
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The columns denoted as old were the 1990 base year emission
inventories approved November 14, 2001 (66 FR 57160). The changes to
the inventory result from the use of the more recent version of EPA's
model for estimating on-road mobile source emissions, MOBILE6, the more
recent emissions model for missions from off-road mobile source,
NONROAD, and several area-specific studies of activity levels.
What Are the Motor Vehicle Emissions Budgets Established in the Plan?
Table 4 documents the motor vehicle emissions budgets that have
been established by this post-1999 ROP Plan revision. A motor vehicle
emission budget is that portion of the total allowable emissions
defined in the SIP revision allocated to on-road mobile sources for a
certain date for the purpose of meeting the purpose of the SIP, in this
case reasonable further progress towards attainment of the NAAQS. EPA's
conformity rule (40 CFR part 51, subpart T and part 93, subpart A)
require that transportation plans, programs and projects in
nonattainment or maintenance areas conform to the SIP. The motor
vehicle emissions budget is one mechanism EPA has identified for
demonstrating conformity. Upon the effective date of this SIP approval,
all future transportation improvement programs and long range
transportation plans for the Houston/Galveston area will have to show
conformity to the budgets in this plan; previous budgets approved or
found adequate will no longer be applicable.
Table 4.--SIP ROP Motor Vehicle Emissions Budgets
[tons per day]
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Year NOX VOC
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2002................................................ 326.6 132.0
2005................................................ 257.3 104.2
2007................................................ 210.0 90.0
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[[Page 7410]]
Final Action
The EPA is approving the aforementioned changes to the Texas SIP
because the revisions are consistent with the Act and EPA regulatory
requirements. The EPA is publishing this rule without prior proposal
because the EPA views this as a non-controversial submittal and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision
should adverse comments be filed. This rule will be effective April 15,
2005 without further notice, unless EPA receives relevant adverse
comment by March 16, 2005.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on April 15, 2005, and no
further action will be taken on the proposed rule.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 15, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: February 2, 2005.
Richard Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. The second table in Sec. 52.2270(e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended as follows:
0
a. By removing the entry for ``Post 1999 Rate of Progress Plans and
associated contingency measures'' for the Houston/Galveston, TX, area
approved by EPA 11/14/01 at 66 FR 57195;
0
b. By adding two new entries to the end of the table for ``Post 1999
Rate of Progress Plans'' and for ``Revisions to the 1990 Base Year
Inventory,'' both for the Houston/Galveston, TX area.
The additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
[[Page 7411]]
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable State
Name of SIP provision geographic or submittal\effective EPA approval date Comments
nonattainment area date
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* * * * * * *
Post 1999 Rate of Progress Plan Houston/Galveston, 11/16/04 February 14, 2005.
TX.
[Insert FR page
number where
document begins].
Revisions to the 1990 Base Year Houston/Galveston, 11/16/04 February 14, 2005.
Inventory. TX.
[Insert FR page
number where
document begins].
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[FR Doc. 05-2791 Filed 2-11-05; 8:45 am]
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