Approval and Promulgation of Implementation Plans; Texas; Victoria County Maintenance Plan Update, 22-25 [04-28700]
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Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g) of the
Instruction, from further environmental
documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A temporary § 165.T13–019 is added
to read as follows:
§ 165.T13–019 Temporary Safety Zone;
Port of Cascade Locks Fireworks Display,
Columbia River, Cascade Locks, Oregon.
(a) Location. The following area is a
safety zone: the navigable waters of the
Columbia River in the vicinity of Port
Marine Park in Cascade Locks, Oregon,
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bounded by a 400′ radius from the
fallout area centered on land at point
45°39′56″ N, 121°53′ 47″ W.
(b) Regulations. In accordance with
the general regulations in Section
165.23 of this part, no person or vessel
may enter or remain in this zone unless
authorized by the Captain of the Port or
his designated representatives.
(c) Effective dates. This regulation is
effective from 11:30 p.m. (PST) on
December 31, 2004, to 12:30 a.m. (PST)
on January 1, 2005.
Dated: December 17, 2004.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 04–28552 Filed 12–30–04; 8:45 am]
BILLING CODE 4910–75–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2004–TX–0003; FRL–7856–7]
Approval and Promulgation of
Implementation Plans; Texas; Victoria
County Maintenance Plan Update
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action approving a State
Implementation Plan (SIP) revision
submitted by the Texas Commission on
Environmental Quality (TCEQ) on
February 18, 2003, concerning the
Victoria County 1-hour ozone
maintenance area. This SIP revision
satisfies the Clean Air Act requirement
as amended in 1990 for the second 10year update to the Victoria County 1hour ozone maintenance area.
DATES: This rule is effective on March 4,
2005 without further notice, unless EPA
receives adverse comment by February
2, 2005. If EPA receives such comment,
EPA will publish a timely withdrawal in
the Federal Register informing the
public that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Regional Materials in
EDocket (RME) ID No. R06–OAR–2004–
TX–0003, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
docket.epa.gov/rempub/. Regional
Materials in EDocket (RME), EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
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system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the
online instructions for submitting
comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://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 send
a copy by e-mail to the person listed in
the FOR FURTHER INFORMATION CONTACT
section below.
• Fax: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr.
Thomas Diggs, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Such deliveries are accepted only
between the hours of 8 a.m. and 4 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R06–OAR–2004–TX–0003.
EPA’s policy is that all comments
received will be included in the public
file without change and may be made
available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through Regional Materials in EDocket
(RME), regulations.gov or e-mail if you
believe that it is CBI or otherwise
protected from disclosure. The EPA
RME Web site and the Federal
regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public file and made
available on the Internet. If you submit
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
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Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters and any form of
encryption, and should be free of any
defects or viruses.
Docket: All documents in the
electronic docket are listed in the
Regional Materials in EDocket (RME)
index at https://docket.epa.gov/rempub/.
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 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT:
Peggy Wade, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7247; fax number
214–665–7263; e-mail address
wade.peggy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. Background
II. Analysis of the State’s Submittal
III. Final Action
IV. Statutory and Executive Order
Reviews
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I. Background
On March 3, 1978, under the 1977
Clean Air Act (CAA) amendments,
Victoria County, Texas, was designated
a nonattainment area because it did not
meet the National Ambient Air Quality
Standards (NAAQS) for ozone (43 FR
8962). As required by the CAA, the state
of Texas submitted a State
Implementation Plan (SIP) to the EPA in
1979. This SIP outlined control
measures to bring the area into
attainment for the ozone NAAQS. This
SIP was approved by EPA in two
actions, one in 1980 and another in
1984. An additional SIP revision for
Victoria County was submitted to EPA
on November 12, 1992. This submission
revised the air monitoring, reporting
and recordkeeping requirements and
was approved by EPA on March 7, 1995
(60 FR 12348).
On July 27, 1994, Texas submitted a
request to redesignate Victoria County
to attainment. At the same time, Texas
submitted the required ozone
monitoring data and a maintenance plan
to ensure the area would remain in
attainment for ozone for a period of 10
years. The maintenance plan submitted
by Texas followed EPA guidance for
limited maintenance areas, which
provides relief for ozone areas that have
design values less than 85% of the
applicable standard. In this case, the
applicable standard is the 1-hour ozone
standard of 0.12 parts per million
(ppm). At the time of the redesignation
request, the design value for Victoria
County was 0.100 ppm, well below the
85% threshold of 0.106 ppm. EPA
approved Texas’s request, and Victoria
County was redesignated to attainment
on March 7, 1995, with an effective date
of May 8, 1995 (60 FR 12453).
Section 175A(b) of the CAA as
amended in 1990 requires the state to
submit a subsequent maintenance plan
to EPA eight years after designation to
attainment. This SIP revision satisfies
this CAA requirement for the Victoria
County 1-hour ozone maintenance area.
II. Analysis of the State’s Submittal
On February 18, 2003, the Texas
Commission on Environmental Quality
(TCEQ) submitted a revision to the SIP
for Victoria County. This revision
provides the second 10-year update to
the maintenance plan for the area, as
required by the section 175A(b) of the
CAA. The purpose of this plan is to
ensure continued maintenance of the
NAAQS for 1-hour ozone in Victoria
County by demonstrating that future
emissions of the ozone precursor
pollutants, nitrogen oxides (NOX) and
volatile organic compounds (VOCs) are
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23
expected to remain at or below
attainment year emission levels.
This revision is a continuation of an
existing maintenance plan and no new
control strategies specifically for
Victoria County have been incorporated.
However, since approval of the existing
plan, which occurred in March of 1995,
TCEQ has implemented several regional
air quality measures which will provide
improved control of air pollution in
Victoria County. These measures
include the following elements, among
others: (1) Implementation of Stage I
vapor recovery which serves to reduce
VOC emissions from gas stations as the
gasoline storage tanks are refilled, (2)
enacting specific requirements for the
permitting or shutdown of previously
grandfathered facilities such as
pipelines, small stationary sources and
electric generating facilities, (3) required
reductions in NOX emission rates from
larger point sources such as electric
utility boilers and gas turbines and (4)
implementation of control requirements
for non-road, large spark-ignition
engines, beginning with model year
2004, that match California standards.
The purpose of these regional measures
is to reduce background levels of ozone
in order to facilitate compliance with
the ozone standard in nonattainment,
maintenance and near-nonattainment
areas, including Victoria County.
This SIP revision also updates the
monitoring data for Victoria County. Air
quality monitoring is the method by
which continued attainment of the
NAAQS is demonstrated. TCEQ
commits to keep the current Victoria
area air monitors active for the duration
of the second 10-year maintenance
period. The current system consists of
two monitors; one (CAMS 87) is in the
City of Victoria and the other (CAMS
602, a private monitor meeting 40 CFR
part 58 Quality Assurance
requirements), which has been
operational since July 19, 2000, is
located southeast of the City of Victoria.
The current 1-hour ozone design value
for Victoria County, based on 2001–
2003 data from the CAMS 87 monitor,
is 0.094 ppm, which remains less than
85% of the 1-hour ozone NAAQS of
0.12 ppm. The design value from the
private CAMS 602 monitor, based on
2001–2003 data, is 0.090 ppm. Also,
Victoria was designated attainment for
the new, more protective 8-hour ozone
standard on April 15, 2004 (69 FR
23858, published on April 30, 2004).
The 8-hour ozone NAAQS is 0.08 ppm
(62 FR38856). The 8-hour ozone design
value is 0.078 ppm at the CAMS 87
monitor, based on 2001–2003 data. The
CAMS 602 monitor has a design value
of 0.073 ppm for 2001–2003 data.
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Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations
Section 175A of the CAA requires that
a maintenance plan include contingency
provisions to promptly correct any
violation of the NAAQS that occurs after
redesignation of the area to attainment.
With this submission, TCEQ is revising
the contingency measures and
contingency trigger levels in the existing
SIP for Victoria County. The
contingency indicator will remain the
ambient air quality monitoring data,
taken from the most recent three years
of monitoring data. The triggering
mechanism has been adjusted from that
contained in the existing SIP. Three
basic trigger levels are specified for the
activation of contingency measures.
They are as follows:
(a) A monitor shows one exceedance
of the NAAQS during a three-year
period;
(b) A monitor shows two or three
exceedances of the NAAQS during a
three-year period; or
(c) A monitor shows the fourth
exceedance, and therefore a violation, of
the NAAQS during a three-year period.
These trigger levels are appropriate in
that they require action to be taken with
a single exceedance of the NAAQS. This
will assist the area in implementing
measures that may lessen future
exceedances and potentially avoid a
violation of the NAAQS.
The activation of contingency
measures in the submitted maintenance
plan revision are associated with
specific triggers. In the existing plan,
implementation of Stage I vapor
recovery systems is an approved
contingency measure. However, this
measure has been implemented
regionally by TCEQ and is thus already
in effect in Victoria County and is no
longer appropriate as a contingency
measure in the maintenance plan. This
SIP revision removes Stage I vapor
recovery as a contingency measure for
Victoria County. The contingency
measures adopted by TCEQ for Victoria
County include the following:
(a) Upon one exceedance of the
NAAQS at either air quality monitor
within a three-year period, the City of
Victoria and the Metropolitan Planning
Organization will establish a formal
ozone advisory committee with the
intended purpose of managing an ozone
abatement program during the ozone
season;
(b) Upon two exceedances of the
NAAQS within a three-year period, the
ozone advisory committee will
implement a voluntary program with
industry to reschedule, revise or curtail
activities on ozone advisory days, and;
(c) Upon a violation of the NAAQS
(i.e., four exceedances during a three-
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year period), TCEQ will submit to EPA
a full maintenance plan in accordance
with the CAA and EPA guidance.
This SIP submission also serves to
update the emissions inventory for
Victoria County. In the existing SIP, the
base year or attainment year inventory
is for 1992. Texas has updated the
inventory to be consistent with reported
and estimated emissions for 1996. The
choice of 1996 as a new base year is
acceptable because the area was in
attainment in 1996, with a design value
of 0.98 ppm. The 1996 emission
inventory for area, point, nonroad
mobile, onroad mobile and biogenic
sources is provided in the following
table.
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
IV. 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
VOC
NOX
requirements beyond those imposed by
(tons per
(tons per
State law. Accordingly, the
day)
day)
Administrator certifies that this rule
Point ..................
2.91
20.18 will not have a significant economic
Area ..................
9.09
2.81 impact on a substantial number of small
Nonroad Mobile
4.74
6.56 entities under the Regulatory Flexibility
Onroad Mobile ..
5.89
8.72 Act (5 U.S.C. 601 et seq.). Because this
Biogenic ............
161.11
3.41 rule approves pre-existing requirements
under State law and does not impose
Total ..............
183.74
41.68 any additional enforceable duty beyond
that required by State law, it does not
III. Final Action
contain any unfunded mandate or
significantly or uniquely affect small
EPA is approving the second 10-year
governments, as described in the
update to the Victoria County 1-hour
Unfunded Mandates Reform Act of 1995
ozone maintenance plan.
We have evaluated the State’s
(Public Law 104–4).
This rule also does not have tribal
submittal and have determined that it
meets the applicable requirements of the implications because it will not have a
Clean Air Act and EPA regulations, and substantial direct effect on one or more
Indian tribes, on the relationship
is consistent with EPA policy.
Therefore, we are approving the request between the Federal Government and
Indian tribes, or on the distribution of
of TCEQ to revise the SIP for the
power and responsibilities between the
Victoria County 1-hour ozone
Federal Government and Indian tribes,
maintenance area.
EPA is publishing this rule without
as specified by Executive Order 13175
prior proposal because we view this as
(65 FR 67249, November 9, 2000). This
a noncontroversial amendment and
action also does not have federalism
anticipate no adverse comments.
implications because it does not have
However, in the proposed rules section
substantial direct effects on the States,
of this Federal Register publication, we on the relationship between the
are publishing a separate document that National Government and the States, or
will serve as the proposal to approve the on the distribution of power and
SIP revision if adverse comments are
responsibilities among the various
received. This rule will be effective on
levels of government, as specified in
March 4, 2005 without further notice
Executive Order 13132 (64 FR 43255,
unless we receive adverse comment by
August 10, 1999). This action merely
February 2, 2005. If we receive adverse
approves a State rule implementing a
comments, we will publish a timely
Federal standard, and does not alter the
withdrawal in the Federal Register
relationship or the distribution of power
informing the public that the rule will
and responsibilities established in the
not take effect. We will address all
Clean Air Act. This rule also is not
public comments in a subsequent final
subject to Executive Order 13045
rule based on the proposed rule. We
‘‘Protection of Children from
will not institute a second comment
Environmental Health Risks and Safety
period on this action. Any parties
Risks’’ (62 FR 19885, April 23, 1997),
interested in commenting must do so
because it is not economically
now. Please note that if we receive
significant.
adverse comment on an amendment,
In reviewing SIP submissions, EPA’s
paragraph, or section of this rule and if
role is to approve State choices,
that provision may be severed from the
provided that they meet the criteria of
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Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Rules and Regulations
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. 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 March 4, 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, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 17, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270, the table in paragraph
(e) entitled ‘‘EPA approved
nonregulatory provisions and quasiregulatory measures’’ is amended by
adding one new entry to the end of the
table to read as follows:
I
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or
nonattainment area
*
Second 10-year maintenance plan for Victoria
County.
*
*
Victoria ...............................
State approval/submittal date
*
02/05/03
EPA approval date
*
*
01/03/05 [Insert FR page number where document begins].
3. Section 52.2275, Control strategy
and regulations: Ozone, paragraph (e) is
revised to read as follows:
FEDERAL COMMUNICATIONS
COMMISSION
§ 52.2275 Control strategy and
regulations: Ozone.
[MM Docket No. 00–167; FCC 04–221]
I
*
*
*
*
*
(e) Approval—The Texas Commission
on Environmental Quality (TCEQ)
submitted a revision to the Texas SIP on
February 18, 2003, concerning the
Victoria County 1-hour ozone
maintenance plan. This SIP revision
was adopted by TCEQ on February 5,
2003. This SIP revision satisfies the
Clean Air Act requirement, as amended
in 1990, for the second 10-year update
to the Victoria County 1-hour ozone
maintenance area.
[FR Doc. 04–28700 Filed 12–30–04; 8:45 am]
BILLING CODE 6560–50–P
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47 CFR Parts 73 and 76
Broadcast Services; Children’s
Television; Cable Operators
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document resolves a
number of issues regarding the
obligation of television broadcasters to
protect and serve children in their
audience. The document addresses
matters related to two areas: the
obligation of television broadcast
licensees to provide educational and
informational programming for children
and the requirement that television
broadcast licensees protect children
from excessive and inappropriate
commercial messages. The Commission
goal is to provide television
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Comments
*
broadcasters with guidance regarding
their obligation to serve children as we
transition from an analog to a digital
television environment, and to improve
our children’s programming rules and
policies.
DATES: 47 CFR 73.670(a), (b) and (c) and
Note 2, 47 CFR 73.673, and 47 CFR
76.225(b) and (c) are effective February
1, 2005. 47 CFR 73.670, Note 1; 47 CFR
73.671 (c)(6), (c)(7), (d), (e), and (f) and
Note 2; and 47 CFR 76.225 (d) and Note
1 are effective January 1, 2006. 47 CFR
73.671(c)(5) and 47 CFR
73.3526(e)(11)(iii) contain information
collection requirements that have not
been approved by the Office of
Management and Budget (OMB). The
FCC will publish a document
announcing the effective date for these
sections.
ADDRESSES: Federal Communications
Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Kim
Matthews, Media Bureau, (202) 418–
2120.
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]]>Agencies
[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Rules and Regulations]
[Pages 22-25]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-28700]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2004-TX-0003; FRL-7856-7]
Approval and Promulgation of Implementation Plans; Texas;
Victoria County Maintenance Plan Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action approving a State
Implementation Plan (SIP) revision submitted by the Texas Commission on
Environmental Quality (TCEQ) on February 18, 2003, concerning the
Victoria County 1-hour ozone maintenance area. This SIP revision
satisfies the Clean Air Act requirement as amended in 1990 for the
second 10-year update to the Victoria County 1-hour ozone maintenance
area.
DATES: This rule is effective on March 4, 2005 without further notice,
unless EPA receives adverse comment by February 2, 2005. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Regional Materials in
EDocket (RME) ID No. R06-OAR-2004-TX-0003, by one of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rempub/. Regional
Materials in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
EPA Region 6 ``Contact Us'' Web site: https://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 send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to RME ID No. R06-OAR-2004-TX-
0003. EPA's policy is that all comments received will be included in
the public file without change and may be made available online at
https://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through Regional Materials in EDocket (RME), regulations.gov or e-mail
if you believe that it is CBI or otherwise protected from disclosure.
The EPA RME Web site and the Federal regulations.gov Web site are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public file and made available on the Internet. If you
submit 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
[[Page 23]]
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption, and should be
free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Materials in EDocket (RME) index at https://docket.epa.gov/
rempub/. 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 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Peggy Wade, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone (214) 665-7247; fax number
214-665-7263; e-mail address wade.peggy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On March 3, 1978, under the 1977 Clean Air Act (CAA) amendments,
Victoria County, Texas, was designated a nonattainment area because it
did not meet the National Ambient Air Quality Standards (NAAQS) for
ozone (43 FR 8962). As required by the CAA, the state of Texas
submitted a State Implementation Plan (SIP) to the EPA in 1979. This
SIP outlined control measures to bring the area into attainment for the
ozone NAAQS. This SIP was approved by EPA in two actions, one in 1980
and another in 1984. An additional SIP revision for Victoria County was
submitted to EPA on November 12, 1992. This submission revised the air
monitoring, reporting and recordkeeping requirements and was approved
by EPA on March 7, 1995 (60 FR 12348).
On July 27, 1994, Texas submitted a request to redesignate Victoria
County to attainment. At the same time, Texas submitted the required
ozone monitoring data and a maintenance plan to ensure the area would
remain in attainment for ozone for a period of 10 years. The
maintenance plan submitted by Texas followed EPA guidance for limited
maintenance areas, which provides relief for ozone areas that have
design values less than 85% of the applicable standard. In this case,
the applicable standard is the 1-hour ozone standard of 0.12 parts per
million (ppm). At the time of the redesignation request, the design
value for Victoria County was 0.100 ppm, well below the 85% threshold
of 0.106 ppm. EPA approved Texas's request, and Victoria County was
redesignated to attainment on March 7, 1995, with an effective date of
May 8, 1995 (60 FR 12453).
Section 175A(b) of the CAA as amended in 1990 requires the state to
submit a subsequent maintenance plan to EPA eight years after
designation to attainment. This SIP revision satisfies this CAA
requirement for the Victoria County 1-hour ozone maintenance area.
II. Analysis of the State's Submittal
On February 18, 2003, the Texas Commission on Environmental Quality
(TCEQ) submitted a revision to the SIP for Victoria County. This
revision provides the second 10-year update to the maintenance plan for
the area, as required by the section 175A(b) of the CAA. The purpose of
this plan is to ensure continued maintenance of the NAAQS for 1-hour
ozone in Victoria County by demonstrating that future emissions of the
ozone precursor pollutants, nitrogen oxides (NOX) and
volatile organic compounds (VOCs) are expected to remain at or below
attainment year emission levels.
This revision is a continuation of an existing maintenance plan and
no new control strategies specifically for Victoria County have been
incorporated. However, since approval of the existing plan, which
occurred in March of 1995, TCEQ has implemented several regional air
quality measures which will provide improved control of air pollution
in Victoria County. These measures include the following elements,
among others: (1) Implementation of Stage I vapor recovery which serves
to reduce VOC emissions from gas stations as the gasoline storage tanks
are refilled, (2) enacting specific requirements for the permitting or
shutdown of previously grandfathered facilities such as pipelines,
small stationary sources and electric generating facilities, (3)
required reductions in NOX emission rates from larger point
sources such as electric utility boilers and gas turbines and (4)
implementation of control requirements for non-road, large spark-
ignition engines, beginning with model year 2004, that match California
standards. The purpose of these regional measures is to reduce
background levels of ozone in order to facilitate compliance with the
ozone standard in nonattainment, maintenance and near-nonattainment
areas, including Victoria County.
This SIP revision also updates the monitoring data for Victoria
County. Air quality monitoring is the method by which continued
attainment of the NAAQS is demonstrated. TCEQ commits to keep the
current Victoria area air monitors active for the duration of the
second 10-year maintenance period. The current system consists of two
monitors; one (CAMS 87) is in the City of Victoria and the other (CAMS
602, a private monitor meeting 40 CFR part 58 Quality Assurance
requirements), which has been operational since July 19, 2000, is
located southeast of the City of Victoria. The current 1-hour ozone
design value for Victoria County, based on 2001-2003 data from the CAMS
87 monitor, is 0.094 ppm, which remains less than 85% of the 1-hour
ozone NAAQS of 0.12 ppm. The design value from the private CAMS 602
monitor, based on 2001-2003 data, is 0.090 ppm. Also, Victoria was
designated attainment for the new, more protective 8-hour ozone
standard on April 15, 2004 (69 FR 23858, published on April 30, 2004).
The 8-hour ozone NAAQS is 0.08 ppm (62 FR38856). The 8-hour ozone
design value is 0.078 ppm at the CAMS 87 monitor, based on 2001-2003
data. The CAMS 602 monitor has a design value of 0.073 ppm for 2001-
2003 data.
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Section 175A of the CAA requires that a maintenance plan include
contingency provisions to promptly correct any violation of the NAAQS
that occurs after redesignation of the area to attainment. With this
submission, TCEQ is revising the contingency measures and contingency
trigger levels in the existing SIP for Victoria County. The contingency
indicator will remain the ambient air quality monitoring data, taken
from the most recent three years of monitoring data. The triggering
mechanism has been adjusted from that contained in the existing SIP.
Three basic trigger levels are specified for the activation of
contingency measures. They are as follows:
(a) A monitor shows one exceedance of the NAAQS during a three-year
period;
(b) A monitor shows two or three exceedances of the NAAQS during a
three-year period; or
(c) A monitor shows the fourth exceedance, and therefore a
violation, of the NAAQS during a three-year period.
These trigger levels are appropriate in that they require action to
be taken with a single exceedance of the NAAQS. This will assist the
area in implementing measures that may lessen future exceedances and
potentially avoid a violation of the NAAQS.
The activation of contingency measures in the submitted maintenance
plan revision are associated with specific triggers. In the existing
plan, implementation of Stage I vapor recovery systems is an approved
contingency measure. However, this measure has been implemented
regionally by TCEQ and is thus already in effect in Victoria County and
is no longer appropriate as a contingency measure in the maintenance
plan. This SIP revision removes Stage I vapor recovery as a contingency
measure for Victoria County. The contingency measures adopted by TCEQ
for Victoria County include the following:
(a) Upon one exceedance of the NAAQS at either air quality monitor
within a three-year period, the City of Victoria and the Metropolitan
Planning Organization will establish a formal ozone advisory committee
with the intended purpose of managing an ozone abatement program during
the ozone season;
(b) Upon two exceedances of the NAAQS within a three-year period,
the ozone advisory committee will implement a voluntary program with
industry to reschedule, revise or curtail activities on ozone advisory
days, and;
(c) Upon a violation of the NAAQS (i.e., four exceedances during a
three-year period), TCEQ will submit to EPA a full maintenance plan in
accordance with the CAA and EPA guidance.
This SIP submission also serves to update the emissions inventory
for Victoria County. In the existing SIP, the base year or attainment
year inventory is for 1992. Texas has updated the inventory to be
consistent with reported and estimated emissions for 1996. The choice
of 1996 as a new base year is acceptable because the area was in
attainment in 1996, with a design value of 0.98 ppm. The 1996 emission
inventory for area, point, nonroad mobile, onroad mobile and biogenic
sources is provided in the following table.
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VOC (tons NOX (tons
per day) per day)
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Point......................................... 2.91 20.18
Area.......................................... 9.09 2.81
Nonroad Mobile................................ 4.74 6.56
Onroad Mobile................................. 5.89 8.72
Biogenic...................................... 161.11 3.41
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Total....................................... 183.74 41.68
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III. Final Action
EPA is approving the second 10-year update to the Victoria County
1-hour ozone maintenance plan.
We have evaluated the State's submittal and have determined that it
meets the applicable requirements of the Clean Air Act and EPA
regulations, and is consistent with EPA policy. Therefore, we are
approving the request of TCEQ to revise the SIP for the Victoria County
1-hour ozone maintenance area.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are received. This rule will be effective on March 4, 2005 without
further notice unless we receive adverse comment by February 2, 2005.
If we receive adverse comments, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
now. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
IV. 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 (Public Law 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
[[Page 25]]
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.
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 March 4, 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: December 17, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270, the table in paragraph (e) entitled ``EPA approved
nonregulatory provisions and quasi-regulatory measures'' is amended by
adding one new entry to the end of the table to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable geographic or nonattainment
Name of SIP provision area State approval/submittal date EPA approval date Comments
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* * * * * * *
Second 10-year maintenance plan Victoria.............................. 02/05/03 01/03/05 [Insert FR page number where document begins].......
for Victoria County.
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0
3. Section 52.2275, Control strategy and regulations: Ozone, paragraph
(e) is revised to read as follows:
Sec. 52.2275 Control strategy and regulations: Ozone.
* * * * *
(e) Approval--The Texas Commission on Environmental Quality (TCEQ)
submitted a revision to the Texas SIP on February 18, 2003, concerning
the Victoria County 1-hour ozone maintenance plan. This SIP revision
was adopted by TCEQ on February 5, 2003. This SIP revision satisfies
the Clean Air Act requirement, as amended in 1990, for the second 10-
year update to the Victoria County 1-hour ozone maintenance area.
[FR Doc. 04-28700 Filed 12-30-04; 8:45 am]
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