Approval and Promulgation of Implementation Plans; Texas; Post 1996 Rate-of-Progress Plan, Adjustments to the 1990 Base Year Emissions Inventory, and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth Ozone Nonattainment Area, 15592-15594 [05-6042]
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15592
Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations
net worth of a claimant payments
received under the Medicare
transitional assistance program and any
savings associated with the Medicare
prescription drug discount card.
(Authority: 42 U.S.C. 1395w–141(g)(6))
[FR Doc. 05–5973 Filed 3–25–05; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[TX–107–1–7496; FRL–7890–1]
Approval and Promulgation of
Implementation Plans; Texas; Post
1996 Rate-of-Progress Plan,
Adjustments to the 1990 Base Year
Emissions Inventory, and Motor
Vehicle Emissions Budgets for the
Dallas/Fort Worth Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision for
the State of Texas. This revision
includes the Post 1996 Rate-of-Progress
(ROP) plan, adjustments to the 1990
base year emissions inventory, and ROP
Motor Vehicle Emissions Budgets for
the Dallas/Fort Worth (DFW) ozone
nonattainment area. This plan shows
planned emission reductions required
by the Clean Air Act (Act) from 1996 to
1999 to improve air quality in the
Dallas/Fort Worth Area. The reductions
are from the 1990 base year emissions
inventory. The adjustments to the 1990
base year emissions inventory improve
that inventory. The Motor Vehicle
Emissions Budgets are used for
determining conformity of
transportation projects to the SIP. This
action satisfies the Act’s requirements
for a serious ozone nonattainment area’s
Post 1996 Rate-of-Progress requirements
and approves the Motor Vehicle
Emissions Budgets under the Rate-ofProgress Plan.
DATES: This rule is effective on April 27,
2005.
ADDRESSES: Copies of the documents
relevant to this action are 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
SUMMARY:
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Jkt 205001
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below 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.
Copies of any State submittals and
EPA’s technical support document are
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:
Herbert R. Sherrow, Jr., Air Planning
Section (6PD–L), Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733, telephone (214) 665–7237; fax
number 214–665–7263; e-mail address
sherrow.herb@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Comments Were Received During
the Public Comment Period, January 18,
2001, to March 19, 2001?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is approving the Post 1996 Rate
of Progress (ROP) plan, the adjustments
to the 1990 base year emissions
inventory, and the Motor Vehicle
Emissions Budgets (MVEB) for the DFW
ozone nonattainment area, submitted by
Texas on October 25, 1999 and found
complete on January 6, 2000.
II. What Is the Background for This
Action?
We proposed approval of these SIP
elements on January 28, 2001. We
waited to take final action until the
issue on the appropriate use of the
MOBILE5 on-road mobile emission
model was determined in Sierra Club v.
EPA, 356 F.3d 296 (DC Cir. 2004). The
Court found that the use of MOBILE5
was acceptable even if a more recent
version was available because MOBILE5
was the best available version at the
time the plan was prepared.
The Post 1996 ROP plan (9% plan)
was designed to reduce ozone forming
emissions from the baseline emissions
PO 00000
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Fmt 4700
Sfmt 4700
by 9% in the DFW nonattainment area
for the years 1997–1999. We received no
new information that would change the
approvability of the ROP target
calculations and none of the credits
relied upon for meeting the ROP targets
have changed since our proposal date.
Therefore, this plan meets the
Reasonable Further Progress
requirements of the Act (section
182(c)(2)). The MVEBs associated with
the 9% plan have been found to meet
the adequacy criteria, effective January
27, 2000, and are consistent with the
ROP plan. Therefore, they too are
approvable. The adjustments to the 1990
base year emissions inventory improved
the inventory through improvements in
methodology implemented subsequent
to the submission of the original
inventory.
Please refer to 66 FR 4764, January 18,
2001, and its technical support
document for details on the 9% Plan,
the adjusted 1990 emissions inventory,
and the MVEBs.
III. What Comments Were Received
During the Public Comment Period,
January 18, 2001, to March 19, 2001?
We did not receive any comments on
the 9% Plan, the MVEBs, or the
adjustments to the 1990 base year
emissions inventory.
IV. Final Action
EPA is approving the Post 1996 Rate
of Progress plan, the adjustments to the
1990 base year emissions inventory, and
the Motor Vehicle Emissions Budgets
submitted by Texas on October 25,
1999, for the DFW ozone nonattainment
area. The VOC MVEB for the ROP plan
is 147.22 tons per day and the NOX
MVEB is 284.14 tons per day.
V. 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
E:\FR\FM\28MRR1.SGM
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15593
Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations
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. 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 May 27, 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, Hydrocarbons,
Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 8, 2005.
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 two new entries 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
State approval/submittal date
Name of SIP provision
Applicable geographic
or nonattainment area
*
*
Approval of the Post-1996 Rate-of-Progress
Plan and Motor Vehicle Emission Budgets.
*
*
Dallas-Fort Worth ........
10/25/1999
Adjustments to the 1990 base year emissions
inventory.
Dallas-Fort Worth ........
10/25/1999
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EPA approval date
*
*
3/28/05, [Insert FR page
number where document begins]
3/28/05, [Insert FR page
number where document begins]
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Comments
*
15594
Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Rules and Regulations
[FR Doc. 05–6042 Filed 3–25–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7889–8]
South Carolina: Final Authorization of
State Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
South Carolina has applied to
EPA for Final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements needed to qualify for Final
authorization, and is authorizing the
State’s changes through this immediate
final action. EPA is publishing this rule
to authorize the changes without a prior
proposal because we believe this action
is not controversial and do not expect
comments that oppose it. Unless we get
written comments which oppose this
authorization during the comment
period, the decision to authorize South
Carolina’s changes to their hazardous
waste program will take effect. If we get
comments that oppose this action, we
will publish a document in the Federal
Register withdrawing this rule before it
takes effect and a separate document in
the proposed rules section of this
Federal Register will serve as a proposal
to authorize the changes.
DATES: This Final authorization will
become effective on May 27, 2005,
unless EPA receives adverse written
comment by April 27, 2005. If EPA
receives such comment, it will publish
a timely withdrawal of this immediate
final rule in the Federal Register and
inform the public that this authorization
will not take effect.
ADDRESSES: Send written comments to
Thornell Cheeks, South Carolina
Authorizations Coordinator, RCRA
Programs Branch, Waste Management
Division, U.S. Environmental Protection
Agency, Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, GA,
30303–3104; (404) 562–8479. The
application can be viewed electronically
at https://www.regulation.gov. Electronic
comments on the application can be
made from this site. You may also email your comments to
Cheeks.Thornell@epa.gov. You can view
and copy South Carolina’s applications
from 9 a.m. to 4 p.m. at the following
SUMMARY:
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Jkt 205001
addresses: South Carolina Department
of Health and Environmental Control,
2600 Bull Street, Columbia, South
Carolina 29201, (803) 896–4174; and
EPA Region 4, Atlanta Federal Center,
Library, 61 Forsyth Street, SW., Atlanta,
Georgia 30303; (404) 562–8190, John
Wright, Librarian.
FOR FURTHER INFORMATION CONTACT:
Thornell Cheeks, South Carolina
Authorizations Coordinator, RCRA
Programs Branch, Waste Management
Division, U.S. Environmental Protection
Agency, Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, GA,
30303–3104; (404) 562–8479.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask EPA to authorize the
changes. Changes to State programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in
This Rule?
We conclude that South Carolina’s
applications to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant South
Carolina Final authorization to operate
its hazardous waste program with the
changes described in the authorization
applications. South Carolina has
responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs)
within its borders (except in Indian
Country) and for carrying out the
aspects of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in South Carolina,
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including issuing permits, until the
State is granted authorization to do so.
C. What Is the Effect of Today’s
Authorization Decision?
The effect of this decision is that a
facility in South Carolina subject to
RCRA will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. South
Carolina has enforcement
responsibilities under its State
hazardous waste program for violations
of such program, but EPA retains its
authority under RCRA sections 3007,
3008, 3013, and 7003, which include,
among others, authority to:
• Do inspections, and require
monitoring, tests, analyses or reports;
• Enforce RCRA requirements and
suspend or revoke permits;
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action does not impose
additional requirements on the
regulated community because the
regulations for which South Carolina is
being authorized by today’s action are
already effective, and are not changed
by today’s action.
D. Why Wasn’t There a Proposed Rule
Before Today’s Rule?
EPA did not publish a proposal before
today’s rule because we view this as a
routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal Register
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What Happens If EPA Receives
Comments That Oppose This Action?
If EPA receives comments that oppose
this authorization, we will withdraw
this rule by publishing a document in
the Federal Register before the rule
becomes effective. EPA will base any
further decision on the authorization of
the State program changes on the
proposal mentioned in the previous
paragraph. We will then address all
public comments in a later final rule.
You may not have another opportunity
to comment. If you want to comment on
this authorization, you must do so at
this time.
If we receive comments that oppose
only the authorization of a particular
change to the State hazardous waste
program, we will withdraw that part of
this rule but the authorization of the
program changes that the comments do
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]]>Agencies
[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15592-15594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6042]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-107-1-7496; FRL-7890-1]
Approval and Promulgation of Implementation Plans; Texas; Post
1996 Rate-of-Progress Plan, Adjustments to the 1990 Base Year Emissions
Inventory, and Motor Vehicle Emissions Budgets for the Dallas/Fort
Worth Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
for the State of Texas. This revision includes the Post 1996 Rate-of-
Progress (ROP) plan, adjustments to the 1990 base year emissions
inventory, and ROP Motor Vehicle Emissions Budgets for the Dallas/Fort
Worth (DFW) ozone nonattainment area. This plan shows planned emission
reductions required by the Clean Air Act (Act) from 1996 to 1999 to
improve air quality in the Dallas/Fort Worth Area. The reductions are
from the 1990 base year emissions inventory. The adjustments to the
1990 base year emissions inventory improve that inventory. The Motor
Vehicle Emissions Budgets are used for determining conformity of
transportation projects to the SIP. This action satisfies the Act's
requirements for a serious ozone nonattainment area's Post 1996 Rate-
of-Progress requirements and approves the Motor Vehicle Emissions
Budgets under the Rate-of-Progress Plan.
DATES: This rule is effective on April 27, 2005.
ADDRESSES: Copies of the documents relevant to this action are 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 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.
Copies of any State submittals and EPA's technical support document
are 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: Herbert R. Sherrow, Jr., Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7237;
fax number 214-665-7263; e-mail address sherrow.herb@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Outline
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Comments Were Received During the Public Comment Period,
January 18, 2001, to March 19, 2001?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is approving the Post 1996 Rate of Progress (ROP) plan, the
adjustments to the 1990 base year emissions inventory, and the Motor
Vehicle Emissions Budgets (MVEB) for the DFW ozone nonattainment area,
submitted by Texas on October 25, 1999 and found complete on January 6,
2000.
II. What Is the Background for This Action?
We proposed approval of these SIP elements on January 28, 2001. We
waited to take final action until the issue on the appropriate use of
the MOBILE5 on-road mobile emission model was determined in Sierra Club
v. EPA, 356 F.3d 296 (DC Cir. 2004). The Court found that the use of
MOBILE5 was acceptable even if a more recent version was available
because MOBILE5 was the best available version at the time the plan was
prepared.
The Post 1996 ROP plan (9% plan) was designed to reduce ozone
forming emissions from the baseline emissions by 9% in the DFW
nonattainment area for the years 1997-1999. We received no new
information that would change the approvability of the ROP target
calculations and none of the credits relied upon for meeting the ROP
targets have changed since our proposal date. Therefore, this plan
meets the Reasonable Further Progress requirements of the Act (section
182(c)(2)). The MVEBs associated with the 9% plan have been found to
meet the adequacy criteria, effective January 27, 2000, and are
consistent with the ROP plan. Therefore, they too are approvable. The
adjustments to the 1990 base year emissions inventory improved the
inventory through improvements in methodology implemented subsequent to
the submission of the original inventory.
Please refer to 66 FR 4764, January 18, 2001, and its technical
support document for details on the 9% Plan, the adjusted 1990
emissions inventory, and the MVEBs.
III. What Comments Were Received During the Public Comment Period,
January 18, 2001, to March 19, 2001?
We did not receive any comments on the 9% Plan, the MVEBs, or the
adjustments to the 1990 base year emissions inventory.
IV. Final Action
EPA is approving the Post 1996 Rate of Progress plan, the
adjustments to the 1990 base year emissions inventory, and the Motor
Vehicle Emissions Budgets submitted by Texas on October 25, 1999, for
the DFW ozone nonattainment area. The VOC MVEB for the ROP plan is
147.22 tons per day and the NOX MVEB is 284.14 tons per day.
V. 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
[[Page 15593]]
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.
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 May 27, 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, Hydrocarbons,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: March 8, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
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2. In Sec. 52.2270, the table in paragraph (e) entitled ``EPA approved
nonregulatory provisions and quasi-regulatory measures'' is amended by
adding two new entries 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 State approval/
Name of SIP provision or nonattainment area submittal date EPA approval date Comments
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* * * * * * *
Approval of the Post-1996 Rate-of- Dallas-Fort Worth..... 10/25/1999 3/28/05, [Insert FR page number where ....................................
Progress Plan and Motor Vehicle document begins]
Emission Budgets.
Adjustments to the 1990 base year Dallas-Fort Worth..... 10/25/1999 3/28/05, [Insert FR page number where
emissions inventory. document begins]
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[FR Doc. 05-6042 Filed 3-25-05; 8:45 am]
BILLING CODE 6560-50-P
