Approval and Promulgation of State Implementation Plans; Texas; Revision to the Rate of Progress Plan for the Houston/Galveston (HGA) Ozone Nonattainment Area, 7407-7411 [05-2791]
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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Rules and Regulations
§ 117.667
St. Croix River.
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(f) The Stillwater Highway
Drawbridge, mile 23.4, St. Croix River,
at Stillwater, Minnesota, need not open
for river traffic and may be maintained
in the closed-to-navigation position.
Dated: January 26, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 05–2797 Filed 2–11–05; 8:45 am]
BILLING CODE 4910–15–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
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Agency Web Site: https://
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 online instructions for submitting
comments.
U.S. 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 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 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 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
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7407
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 https://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
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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Rules and Regulations
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 1hour 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
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)
Category\year
1990
Projected Emissions ........................................................................................................
1 Memorandum, ‘‘Policy Guidance on the Use of
MOBILE6 for SIP Development and Transportation
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Conformity,’’ issued January 18, 2002. A copy of
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2002
1345.8
843.57
2005
699.65
2007
550.25
this memorandum can be found on EPA’s Web site
at https://www.epa.gov/otaq/transp/traqconf.htm.
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7409
TABLE 1.—ACTUAL AND PROJECTED NOX EMISSIONS—Continued
(tons/day)
Category\year
1990
Target Level .....................................................................................................................
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;
2002
NA
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
2005
1088.24
2007
945.57
866.54
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]
Category\year
1990
Total .................................................................................................................................
Target ...............................................................................................................................
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
2002
1111.21
NA
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.
2005
557.55
726.7
2007
523.66
715.7
507.13
714.8
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)]
VOC
NOX
Source type
Old
New
Old
New
Point .........................................................................................................................
Area .........................................................................................................................
On-road Mobile ........................................................................................................
Non-road Mobile ......................................................................................................
483.28
200.07
251.52
129.98
483.28
208.17
321.70
97.96
794.85
14.37
337.03
198.08
794.85
57.57
391.10
112.28
Total ..................................................................................................................
1064.85
1111.21
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 areaspecific 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
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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
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1344.4
1355.8
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]
Year
2002 ..............................
2005 ..............................
2007 ..............................
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NOX
326.6
257.3
210.0
VOC
132.0
104.2
90.0
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Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / Rules and Regulations
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 noncontroversial 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).
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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,
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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.
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. The second table in § 52.2270(e)
entitled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
as follows:
I 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;
I 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:
I
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
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*
*
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
submittal\effective
date
Applicable geographic or
nonattainment area
Name of SIP provision
*
*
Post 1999 Rate of Progress Plan ...
*
*
Houston/Galveston, TX ..................
Revisions to the 1990 Base Year
Inventory.
Houston/Galveston, TX ..................
EPA approval date
*
*
February 14, 2005.
[Insert FR page number where document
begins].
11/16/04 February 14, 2005.
Comments
*
11/16/04
[Insert FR page number where document
begins].
[FR Doc. 05–2791 Filed 2–11–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 303
[Docket No. FMCSA–2002–13248]
RIN 2126–AA79
Title VI Regulations for Federal Motor
Carrier Safety Administration Financial
Assistance Recipients
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Interim Final Rule (IFR); request
for comments.
AGENCY:
SUMMARY: FMCSA issues this Interim
Final Rule (IFR) to clarify and modify
the applicability of certain Federal
Highway Administration (FHWA) and
Departmental Title VI provisions that
implement Title VI of the Civil Rights
Act of 1964, and related
nondiscrimination statutes, as they
apply to FMCSA Federal financial
assistance recipients. The ‘‘savings
provision’’ of section 106(b) of the
Motor Carrier Safety Improvement Act
of 1999 provides the opportunity for
this clarification and modification. As
part of this initiative, FMCSA
establishes a new Part 303 under 49 CFR
chapter III, Subchapter A, for future
FMCSA Title VI implementing
regulations and any future guidelines on
Title VI compliance.
This IFR will provide FMCSA with
initial guidelines and procedures for
implementing its Title VI procedures.
This will be done by continuing to
apply and use the Departmental
umbrella Title VI regulations in 49 CFR
part 21 to any program or activity for
which Federal financial assistance is
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15:21 Feb 11, 2005
Jkt 205001
authorized under a law administered by
FMCSA. FMCSA will remain subject to
those Title VI requirements at the
Departmental level, and will develop as
needed further guidelines and
procedures in accordance with the law
to assure effective and consistent
implementation for financially assisted
recipients. FMCSA also removes itself
from the FHWA Title VI regulations set
forth at 23 CFR part 200, because they
are not appropriate for FMCSA
programs and activities. Doing so will
avoid any potential confusion while not
altering the substantive Title VI
obligations of FMCSA and its grantees.
DATES: This Interim Final Rule is
effective March 16, 2005. We must
receive your comments by April 15,
2005.
You may submit comments
identified by the FMCSA docket number
and/or Regulatory Identification
Number (RIN) of this interim rule by
any one of the following methods:
• Comments submitted by mail, in
person, or Fax.
U.S. Department of Transportation,
Docket Management System (DMS)
Facility, 400 Seventh Street, SW., Plaza
Level, Washington, DC 20590; or FAX
(202) 493’2251. You may examine the
FMCSA docket, including any
comments we have received, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Comments filed electronically.
DMS Web site at https://dms.dot.gov;
or
Federal eRulemaking Portal at https://
www.regulations.gov. Follow
instructions for submitting your
comments.
• Privacy Act:
Please be aware that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted by on behalf of
ADDRESSES:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
an association, business, labor union,
etc.). You may review DOT’s complete
Privacy Act Statement published in the
Federal Register on April 11, 2000 (65
FR 19477), or you may visit https://
dms.dot.gov.
Waiver of General Notice of Proposed
Rulemaking
FMCSA is issuing this Interim Final
Rule (IFR) without prior notice and
opportunity for comment pursuant to
the Administrative Procedure Act (5
U.S.C. 553(b)). This provision allows an
agency to issue a final rule without
notice and opportunity to comment
when the agency for good cause finds
that notice and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. This IFR clarifies
the Title VI authorities covering FMCSA
programs by deleting references specific
to only FHWA programs and by stating
specifically the applicability of the
Department-wide Title VI regulations to
FMCSA. Doing so will avoid any
potential confusion while not altering
the substantive Title VI obligations of
FMCSA and its grantees. Under these
circumstances, FMCSA has determined
that an opportunity for notice is
unnecessary, impracticable, or contrary
to the public interest. We will respond
to any comments we receive, and will
amend the IFR if comments warrant any
changes.
FOR FURTHER INFORMATION CONTACT: Ms.
Carmen Sevier, (202) 366–4330, Office
of Civil Rights (MC–CR), FMCSA, 400
Seventh Street, SW., Washington, DC
20590; Carmen.Sevier@fmcsa.dot.gov.
Office hours are from 7:45 a.m. to 4:15
p.m. e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
In early October 1999, Congress
prohibited the FHWA from spending
appropriated funds to carry out the
motor carrier safety functions and
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Rules and Regulations]
[Pages 7407-7411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2791]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web Site: https://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: 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 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 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 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 https://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\
---------------------------------------------------------------------------
\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
https://www.epa.gov/otaq/transp/traqconf.htm.
---------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
Category\year 1990 2002 2005 2007
----------------------------------------------------------------------------------------------------------------
Projected Emissions......................................... 1345.8 843.57 699.65 550.25
[[Page 7409]]
Target Level................................................ NA 1088.24 945.57 866.54
----------------------------------------------------------------------------------------------------------------
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]
----------------------------------------------------------------------------------------------------------------
Category\year 1990 2002 2005 2007
----------------------------------------------------------------------------------------------------------------
Total....................................................... 1111.21 557.55 523.66 507.13
Target...................................................... NA 726.7 715.7 714.8
----------------------------------------------------------------------------------------------------------------
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)]
----------------------------------------------------------------------------------------------------------------
VOC NOX
Source type -------------------------------------------------------
Old New Old New
----------------------------------------------------------------------------------------------------------------
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
---------------
Total............................................... 1064.85 1111.21 1344.4 1355.8
----------------------------------------------------------------------------------------------------------------
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]
------------------------------------------------------------------------
Year NOX VOC
------------------------------------------------------------------------
2002................................................ 326.6 132.0
2005................................................ 257.3 104.2
2007................................................ 210.0 90.0
------------------------------------------------------------------------
[[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
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal\effective EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 05-2791 Filed 2-11-05; 8:45 am]
BILLING CODE 6560-50-P
