Approval and Promulgation of Air Quality Implementation Plans; Texas; Attainment Demonstration for the San Antonio Early Action Compact Area, 29466-29470 [05-10193]
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29466
Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Proposed Rules
quantified, surplus, permanent, and, if
approved, will be Federally enforceable
SIP revisions. We have reviewed the
CAAP and the attainment
demonstration and determined that they
are consistent with the requirements of
the CAA, EPA’s policy, and the EAC
protocol. The modeling of ozone and
ozone precursor emissions from sources
in the five county Austin EAC area
demonstrate that the specified control
strategies will provide for attainment of
the 8-hour ozone NAAQS by December
31, 2007.
X. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason and because this
action will not have a significant,
adverse effect on the supply,
distribution, or use of energy, 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 proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed 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
proposes to approve 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 proposed 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,
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August 10, 1999). This action merely
proposes to approve 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 proposed 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 under
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note), 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
do not apply. This proposed 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.).
List of Subjects 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 13, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05–10194 Filed 5–20–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0010; FRL–7916–5]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Attainment Demonstration for the San
Antonio Early Action Compact Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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SUMMARY: The EPA is proposing to
approve revisions to the State
Implementation Plan (SIP) submitted by
the Chairman of the Texas Commission
on Environmental Quality (TCEQ) on
December 6, 2004. The proposed
revisions will demonstrate attainment of
the 8-hour ozone standard and
incorporate the San Antonio Early
Action Compact (EAC) Clean Air Plan
into the Texas SIP. EPA is proposing
approval of the photochemical modeling
in support of the attainment
demonstration of the 8-hour ozone
standard within the San Antonio EAC
area and is proposing approval of the
associated control measures. EPA is
proposing these actions as a
strengthening of the SIP in accordance
with the requirements of sections 110
and 116 of the Federal Clean Air Act
(the Act), which will result in emission
reductions needed to help achieve
attainment and maintenance of the 8hour National Ambient Air Quality
Standard (NAAQS) for ozone.
DATES: Comments must be received on
or before June 22, 2005.
ADDRESSES: Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R06–OAR–2005–
TX–0010, 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 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,
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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. R06–OAR–2005–TX–0010. 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
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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 cents 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:
Carrie Paige, Air Planning Section
(6PD–L), EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733,
telephone (214) 665–6521,
paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘our,’’ and ‘‘us’’ is used, we mean
EPA.
Outline
I. What Action Are We Proposing?
II. What Is an EAC?
III. What Is a SIP?
IV. What Is the Content of the San Antonio
EAC Attainment Demonstration?
V. Why Are We Proposing to Approve This
EAC SIP Submittal?
VI. What Measures Are Included in This EAC
SIP Submittal?
VII. What Happens if the Area Does Not Meet
the EAC Milestones?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve
revisions to the Texas SIP under
sections 110 and 116 of the Act. These
revisions demonstrate attainment and
maintenance of the 8-hour ozone
standard within the San Antonio EAC
area and incorporate the San Antonio
EAC Clean Air Plan (CAP) into the
Texas SIP. The EAC is a voluntary
agreement between the TCEQ, the
Alamo Area Council of Governments
(AACOG), the EPA, Bexar, Comal,
Guadalupe and Wilson Counties, and
the cities of Floresville, New Braunfels,
San Antonio and Seguin. The intent of
this agreement is to reduce ozone
pollution earlier than the Act requires
and thereby maintain the 8-hour ozone
standard. The San Antonio EAC sets
forth a schedule to develop technical
information about local ozone pollution,
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and adopt and implement a clean air
plan, consisting of emissions control
measures to ensure that the EAC area
achieves compliance with the 8-hour
ozone standard by December 31, 2007.
Section VI of this rulemaking describes
the control measures that will be
implemented within the San Antonio
EAC area.
II. What Is an EAC?
The Early Action Compact program
was developed to allow communities an
opportunity to reduce emissions of
ground level ozone pollution sooner
than the Act requires. The program was
designed for areas that approach or
monitor exceedances of the 8-hour
standard, but are in attainment for the
1-hour ozone standard. The compact is
a voluntary agreement between local
communities, State and Tribal air
quality officials and EPA, which allows
participating State and local entities to
make decisions that will accelerate
meeting the new 8-hour standard using
locally tailored pollution controls
instead of federally mandated measures.
Early planning and early
implementation of control measures that
improve air quality will likely accelerate
protection of public health. The EPA
believes this program provides an
incentive for early planning, early
implementation, and early reductions of
emissions leading to expeditious
attainment and maintenance of the 8hour ozone standard.
Communities with EACs will have
plans in place to reduce air pollution at
least two years earlier than required by
the Act. In December 2002, a number of
States submitted compact agreements
pledging to reduce emissions earlier
than required by the Act for compliance
with the 8-hour ozone standard. These
States and local communities had to
meet specific criteria and agreed to meet
certain milestones for development and
implementation of the compact. States
with communities participating in the
EAC program had to submit plans by
December 31, 2004 for meeting the 8hour ozone standard, rather than June
15, 2007, the deadline for all other areas
not meeting the standard. The EAC
program required communities to
develop and implement air pollution
control strategies, account for emissions
growth and demonstrate their
attainment and maintenance of the 8hour ozone standard. Greater details of
the EAC program are explained in EPA’s
December 16, 2003 (68 FR 70108)
proposed Federal Register notice
entitled ‘‘Deferral of Effective Date of
Nonattainment Designations for 8-hour
Ozone National Ambient Air Quality
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Standards for Early Action Compact
Areas.’’
On April 15, 2004, EPA designated all
areas for the 8-hour ozone standard. The
EPA deferred the effective date of
nonattainment designations for EAC
areas that were violating the 8-hour
standard, but continue to meet the
compact milestones. Details of this
deferral were announced on April 15,
2004 as part of the Clean Air Rules of
2004, and published in the Federal
Register on April 30, 2004 in the notice
entitled ‘‘Air Quality Designations and
Classifications for the 8-Hour Ozone
National Ambient Air Quality
Standards; Early Action Compact Areas
with Deferred Effective Dates’ (69 FR
23858).
III. What Is a SIP?
The SIP is a set of air pollution
regulations, control strategies and
technical analyses developed by the
state, to ensure that the state meets the
National Ambient Air Quality Standards
(NAAQS). These ambient standards are
established under section 109 of the Act
and they currently address six criteria
pollutants: Carbon monoxide, nitrogen
dioxide, ozone, lead, particulate matter,
and sulfur dioxide. The SIP is required
by section 110 of the Act. These SIPs
can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
IV. What Is the Content of the San
Antonio EAC Attainment
Demonstration?
In support of this proposal, the TCEQ
conducted an ozone photochemical
modeling study developed for the San
Antonio EAC area. The modeling study
predicts whether or not the EAC area
will attain the 8-hour ozone NAAQS in
2007. The attainment demonstration
includes analyses which estimate
whether selected emissions reductions
will result in ambient concentrations
that meet the 8-hour ozone standard in
the San Antonio area and an identified
set of measures which will result in the
required emissions reductions. See the
Technical Support Document (TSD) for
a description of the control measures.
The modeled attainment test is passed
if all resulting predicted future design
values are less than 85 parts per billion
(ppb). The design value is the three year
average of the annual fourth highest 8hour ozone readings.
The attainment demonstration was
supported by results of photochemical
modeling and technical documentation
for all monitors in the San Antonio EAC
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area. The demonstration incorporates
the effects of population and industry
growth, as well as national and
statewide control measures or programs
required to be in place by 2007 and
2012. The modeling study demonstrates
that the 8-hour ozone standard will be
attained by 2007 and maintained
through 2012. The modeling analyses
were further supported by some of the
weight of evidence analyses that were
evaluated for the San Antonio area.
We believe this study meets our
modeling requirements and guidelines,
including such items as the base year
inventory development, the growth rate
projections, and the performance of the
model. See Attachment A of our TSD for
more information about this modeling
study, the weight of evidence analyses,
and our evaluation of these items. The
modeling submitted in support of this
proposal demonstrates that the San
Antonio EAC area will be in attainment
with the 8-hour ozone NAAQS in 2007.
The latest modeling results for the San
Antonio EAC area predict a maximum
ozone design value of 84 ppb for 2007,
which is below the 8-hour ozone limit
of 85 ppb. See section VI of this
document for a list of local control
measures that will be implemented
within the San Antonio EAC area. We
are proposing to approve the 8-hour
ozone attainment demonstration, the
CAP and the local control measures
within the CAP for the San Antonio
EAC area.
V. Why Are We Proposing to Approve
This EAC SIP Submittal?
On December 9, 2002, Texas signed
an EAC for the four-county San Antonio
Metropolitan Statistical Area, which
was also signed by representatives of the
local communities, State air quality
officials and the EPA Region 6
Administrator. On April 15, 2004 (69 FR
23858), the EPA designated the 8-hour
ozone nonattainment areas and
designated the four-county San Antonio
EAC area as nonattainment for the 8hour ozone standard. To date, the San
Antonio area has met all EAC
milestones and, as long as the San
Antonio EAC area continues to meet the
agreed upon milestones, the impact of
the nonattainment designation may be
deferred until April 15, 2008.
We are proposing to approve this EAC
SIP submittal because implementation
of the requirements in this EAC will
help ensure the San Antonio EAC area’s
compliance with the 8-hour ozone
standard by December 31, 2007 and
maintenance of that standard through
2012. We have reviewed the submittal
and determined that it is consistent with
the requirements of the Act, EPA’s
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policy, and the EAC protocol. Our TSD
contains detailed information
concerning this rulemaking action.
Approving San Antonio’s CAP into
the SIP will also mean that measures
and controls identified in the CAP are
federally enforceable and the San
Antonio EAC communities will start to
benefit from reductions in air pollution
earlier than the statutory deadlines. See
section VI of this rulemaking action for
a description of the air pollution control
measures. Finally, it means that EPA
has determined that the State and local
area have continued to fulfill the
milestones and obligations of the EAC
Program. In a separate notice, EPA will
take action to propose deferring the
effective date of the nonattainment
designation for areas that are
participating in the Early Action
Compacts until December 31, 2006, so
long as the areas continue to fulfill the
EAC obligations, including semi-annual
reporting requirements, implementation
of the measures in submitted clean air
plans by December 31, 2005, and a
progress assessment by June 30, 2006.
VI. What Measures Are Included in
This EAC SIP Submittal?
The EPA designated the San Antonio
EAC area as nonattainment for the 8hour ozone standard on April 15, 2004
(69 FR 23858). The design value for
2001–2003 was 89 ppb. The TCEQ has
submitted these revisions to the SIP, as
progressive measures to avoid
continued violation of the 8-hour ozone
standard within the affected area and to
be eligible for the opportunity for a
second deferral of the effective date of
nonattainment to December 31, 2006.
While the implementation of the local
control strategies is estimated to reduce
emissions of volatile organic
compounds (VOCs) and nitrogen oxides
(NOX), the San Antonio EAC area has
demonstrated attainment through the
implementation of federal and statewide
rules, without including the effects of
these local measures in their
photochemical modeling.
The TSD discusses the results of
photochemical modeling and technical
analyses that support a demonstration of
attainment of the 8-hour ozone standard
by December 31, 2007 and maintenance
of that standard through 2012. To help
achieve attainment, the San Antonio
EAC CAP includes two rule revisions:
Lowering the Stage I Vapor Recovery
exemption and degreasing requirements,
each of which will contribute to
reductions in VOCs in the San Antonio
EAC area. VOCs, as well as NOX, are
precursors to and aid in the formation
of ozone. The rule revisions have been
adopted by the State of Texas and
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accompany this EAC SIP revision. Since
these rule revisions apply to both the
Austin and San Antonio EAC areas, EPA
has taken action on them in a separate
rulemaking (see 70 FR 15769, published
March 29, 2005).
The rule revisions adopted as control
measures in the San Antonio EAC CAP
apply to all four counties in the EAC
area and are as follows: Lowering the
Stage I Vapor Recovery exemption to
25,000 gallons/month throughput,
projected to reduce VOCs by 5.81 tpd;
and degreasing requirements, projected
to reduce VOCs by approximately 85%
for degreasing (cold cleaning) sources.
Additional control measures that have
been specified in the EAC CAP include:
A statewide rule to reduce emissions of
VOCs from portable fuel containers that
spill, leak, and/or allow permeation (see
70 FR 7041, published February 10,
2005); the Texas Emissions Reduction
Plan (TERP), a comprehensive set of
grant programs to improve air quality in
Texas, for which funds to reduce NOX
by 2.5 tpd have been allocated to the
San Antonio EAC area (see 70 FR 25008,
published May 12, 2005); and
Transportation Emission Reduction
Measures (TERMs), which are
transportation projects designed to
reduce vehicle use, improve traffic flow,
and/or reduce congested conditions
throughout the EAC area, projected to
reduce NOX by 0.32 tpd and VOCs by
0.92 tpd. These TERMs are described in
detail in the TSD and will be
incorporated by reference in the Code of
Federal Regulations in the final
approval action. Detailed information is
necessary for emission reduction
measures in the SIP to ensure that they
are specific and enforceable as required
by the Act and the EAC protocol. The
description of these emission reduction
measures includes the identification of
each project, location, a brief project
description, and emissions reductions
for both VOCs and NOX. Though many
of these TERMs have been completed,
any unfinished projects will be
completed by 2007.
In general, the control measures in
this section meet the requirements of
the EAC protocol: They are specific,
quantified, permanent and will be
federally enforceable when approved by
EPA. In compliance with the next EAC
program milestone, all control measures
needed to demonstrate attainment will
be implemented by December 31, 2005.
The TSD contains detailed information
on each of these control measures, as
well as information on additional
planned and locally-implemented
measures whose expected emission
reductions were not quantified or
included in the photochemical
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modeling, and therefore, are not
necessary for the area to attain the
standard in 2007.
According to the EAC protocol, the
CAP must also include a component to
address maintenance for growth at least
5 years beyond 2007, ensuring the area
will remain in attainment of the 8-hour
ozone standard through 2012. The San
Antonio EAC area has developed an
emissions inventory for the year 2012,
as well as a continuing planning process
to address this essential part of the plan.
The emissions inventory predicted an
overall reduction in emissions through
2012: VOCs are estimated to be 23
percent lower and NOX are estimated to
be 28 percent lower in 2007 than in
1999; and emissions predicted in 2012
are seven percent less than those
modeled in 2007 for VOCs, and 22
percent less than those modeled in 2007
for NOX. Despite the growth estimated
for the EAC area, federal emission
standards are projected to substantially
reduce emissions of NOX and VOCs in
the newer fleet of vehicles. The federal
measures include area measures (onboard refueling vapor recovery), as well
as onroad and non-road (e.g., lawn and
garden, recreational marine and
locomotives) measures. State point
source reductions in emissions from
power plants, as well as the
continuation of the smaller scale,
locally-implemented control measures,
will also contribute to the area’s
reductions in NOX and VOCs. See the
TSD for a detailed list of these
measures. Using air quality models to
anticipate the impact of growth, as well
as the federal, state-assisted and locallyimplemented measures to reduce
emissions, the State has projected the
area will be in attainment of the 8-hr
ozone standard in 2007 and will remain
in attainment through 2012.
To enhance the planning process, the
TCEQ has committed to continue to
work with local stakeholders to find
additional measures to further reduce
ozone precursor emissions, to ensure
that the San Antonio EAC area will
continue to maintain the 8-hour ozone
standard through 2012. In addition, the
EAC signatories and implementing
agencies will review all EAC activities
and report on these results in their semiannual reports, beginning in June 2005.
This semi-annual review will track and
document, at a minimum, control
strategy implementation and results,
monitoring data and future plans. After
review, additional control measures
may be considered and adopted through
revisions to this SIP, if necessary.
The elements that address
maintenance for growth meet the EAC
protocol. EPA has reviewed the
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29469
modeling and emission projections and
proposes to approve the demonstration
of attainment.
VII. What Happens If the Area Does Not
Meet the EAC Milestones?
On April 15, 2004, EPA designated
the San Antonio EAC area as
nonattainment for the 8-hour ozone
standard and deferred the effective date
of nonattainment until September 30,
2005. One of the principles of the EAC
protocol is to provide safeguards to
return areas to traditional SIP
requirements should an area fail to
comply with the terms of the compact.
If, as outlined in our guidance and in 40
CFR 81.300, an EAC milestone is
missed, we would take action to
propose and promulgate a finding of
failure to meet the milestone, and to
withdraw the deferred effective date of
the nonattainment designation, thereby
triggering applicable statutory
requirements.
VIII. Proposed Action
EPA is proposing to approve the
attainment demonstration, the San
Antonio EAC CAP and the related
control measures and incorporate these
into the Texas SIP as a strengthening of
the SIP. The modeling of ozone and
ozone precursor emissions from sources
in the four county San Antonio EAC
area demonstrate that the specified
control strategies will provide for
attainment of the 8-hour ozone NAAQS
by December 31, 2007.
IX. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason and because this
action will not have a significant,
adverse effect on the supply,
distribution, or use of energy, 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 proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed 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
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
E:\FR\FM\23MYP1.SGM
23MYP1
29470
Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Proposed Rules
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 proposed 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
proposes to approve 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 proposed 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 under
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note), EPA’s role is to approve state
actions, 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
do not apply. This proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
VerDate jul<14>2003
14:30 May 20, 2005
Jkt 205001
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 13, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05–10193 Filed 5–20–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 57l
[Docket No. NHTSA–2005–20738; Notice 1]
Federal Motor Vehicle Safety
Standards; Denial of Petition for
Rulemaking
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Denial of petition for
rulemaking.
AGENCY:
Based on the agency’s
evaluation, the National Highway
Traffic Safety Administration (NHTSA)
denies a petition for rulemaking from
Mercedes-Benz to amend the Federal
lighting standard to permit the use of
optional use of stoplamps that would
flash under higher levels of
deceleration. Mercedes-Benz has not
demonstrated that this manufacturerinstalled option would result in reduced
crashes. NHTSA is denying the petition
because it would take away from
NHTSA the ability to use a potentially
valuable rear signal for a higher safety
purpose sometime in the future. NHTSA
concludes that it would require more indepth information than provided on the
safety benefit of any such change before
it would initiate a rulemaking on what
rear signal lamp performance changes
are appropriate or necessary to reduce
the incidence or rear-end crashes.
FOR FURTHER INFORMATION CONTACT: The
following persons at the National
Highway Traffic Safety Administration,
400 Seventh Street, SW., Washington,
DC 20590:
For Non-legal Issues: Mr. David
Hines, Office of Crash Avoidance
Standards, NVS–121, telephone (202)
366–5275, facsimile (202) 366–7002,
electronic mail: dhines@nhtsa.dot.gov.
For Legal Issues: Mr. George Feygin,
Office of the Chief Counsel, NCC–112,
telephone (202) 366–2992, facsimile
(202) 366–3820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
Background
Section S5.5.10 of Federal Motor
Vehicle Safety Standard (FMVSS) No.
108, Lamps reflective devices and
associated equipment, establishes the
wiring requirements for lighting
equipment in use, and requires that all
lamps be wired to be steady burning,
unless otherwise stated. All stoplamps
must be steady burning when in use.
Steady means free from change or
variation. This means that they must not
modulate, flash, or vary in size, area,
intensity or appearance.
Mercedes-Benz Petition
On April 4, 2003, Mercedes-Benz
(MB) submitted a petition for
rulemaking to revise Federal Motor
Vehicle Safety Standard No. 108,
Lamps, reflective devices and associated
equipment to permit ‘‘flashing red brake
lights 1’’ to be installed on an optional
basis as an emergency braking signal on
motor vehicles. In support, MB
provided information indicating that
flashing stoplamps provide a nonambiguous, intuitively interpreted
signal of an emergency situation and it
reduces braking reaction times (BRT) by
up to 0.2 seconds compared with
conventional stoplamps. MB believes
that this is significant in terms of crash
avoidance or crash severity reduction.
Moreover, MB believes an even higher
reduction (in BRT) can be expected in
real world driving conditions, because it
stated that its test subjects tended to
react faster than real world drivers,
since subjects who participate in
experiments in a driving simulator or on
a test track are generally more focused
on the driving task than drivers on the
road who are subject to many sources of
distraction. Thus, MB claims that this
reduction in BRT is likely to result in a
meaningful reduction in the number
and/or severity of rear end collisions.
Analysis
Based on the NHTSA policy statement
published in the Federal Register,
November 4, 1998, Volume 63, Number
213, pages 59482–59492, the MB
submission, in order to be treated as a
petition must have substantive data
purporting to show positive safety
benefits from the new idea. MB did
provide data showing that BRT would
be improved. Thus, NHTSA granted the
petition and set out to evaluate the data
1 MB uses the term, flashing red brake lights for
its desired device. Federal Motor Vehicle Safety
Standard No. 108, Lamps, Reflective Devices and
Associated Equipment used the term stoplamps.
Thus, Mercedes-Benz is asking that the Standard be
amended to permit existing stoplamps to flash on
an optional basis for the purpose of a high
deceleration rate signal.
E:\FR\FM\23MYP1.SGM
23MYP1
]]>Agencies
[Federal Register Volume 70, Number 98 (Monday, May 23, 2005)]
[Proposed Rules]
[Pages 29466-29470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10193]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0010; FRL-7916-5]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Attainment Demonstration for the San Antonio Early Action
Compact Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve revisions to the State
Implementation Plan (SIP) submitted by the Chairman of the Texas
Commission on Environmental Quality (TCEQ) on December 6, 2004. The
proposed revisions will demonstrate attainment of the 8-hour ozone
standard and incorporate the San Antonio Early Action Compact (EAC)
Clean Air Plan into the Texas SIP. EPA is proposing approval of the
photochemical modeling in support of the attainment demonstration of
the 8-hour ozone standard within the San Antonio EAC area and is
proposing approval of the associated control measures. EPA is proposing
these actions as a strengthening of the SIP in accordance with the
requirements of sections 110 and 116 of the Federal Clean Air Act (the
Act), which will result in emission reductions needed to help achieve
attainment and maintenance of the 8-hour National Ambient Air Quality
Standard (NAAQS) for ozone.
DATES: Comments must be received on or before June 22, 2005.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R06-OAR-2005-TX-0010, 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,
[[Page 29467]]
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. R06-OAR-2005-TX-0010. 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 cents 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: Carrie Paige, Air Planning Section
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
telephone (214) 665-6521, paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``our,'' and ``us'' is used, we mean EPA.
Outline
I. What Action Are We Proposing?
II. What Is an EAC?
III. What Is a SIP?
IV. What Is the Content of the San Antonio EAC Attainment
Demonstration?
V. Why Are We Proposing to Approve This EAC SIP Submittal?
VI. What Measures Are Included in This EAC SIP Submittal?
VII. What Happens if the Area Does Not Meet the EAC Milestones?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve revisions to the Texas SIP under
sections 110 and 116 of the Act. These revisions demonstrate attainment
and maintenance of the 8-hour ozone standard within the San Antonio EAC
area and incorporate the San Antonio EAC Clean Air Plan (CAP) into the
Texas SIP. The EAC is a voluntary agreement between the TCEQ, the Alamo
Area Council of Governments (AACOG), the EPA, Bexar, Comal, Guadalupe
and Wilson Counties, and the cities of Floresville, New Braunfels, San
Antonio and Seguin. The intent of this agreement is to reduce ozone
pollution earlier than the Act requires and thereby maintain the 8-hour
ozone standard. The San Antonio EAC sets forth a schedule to develop
technical information about local ozone pollution, and adopt and
implement a clean air plan, consisting of emissions control measures to
ensure that the EAC area achieves compliance with the 8-hour ozone
standard by December 31, 2007. Section VI of this rulemaking describes
the control measures that will be implemented within the San Antonio
EAC area.
II. What Is an EAC?
The Early Action Compact program was developed to allow communities
an opportunity to reduce emissions of ground level ozone pollution
sooner than the Act requires. The program was designed for areas that
approach or monitor exceedances of the 8-hour standard, but are in
attainment for the 1-hour ozone standard. The compact is a voluntary
agreement between local communities, State and Tribal air quality
officials and EPA, which allows participating State and local entities
to make decisions that will accelerate meeting the new 8-hour standard
using locally tailored pollution controls instead of federally mandated
measures. Early planning and early implementation of control measures
that improve air quality will likely accelerate protection of public
health. The EPA believes this program provides an incentive for early
planning, early implementation, and early reductions of emissions
leading to expeditious attainment and maintenance of the 8-hour ozone
standard.
Communities with EACs will have plans in place to reduce air
pollution at least two years earlier than required by the Act. In
December 2002, a number of States submitted compact agreements pledging
to reduce emissions earlier than required by the Act for compliance
with the 8-hour ozone standard. These States and local communities had
to meet specific criteria and agreed to meet certain milestones for
development and implementation of the compact. States with communities
participating in the EAC program had to submit plans by December 31,
2004 for meeting the 8-hour ozone standard, rather than June 15, 2007,
the deadline for all other areas not meeting the standard. The EAC
program required communities to develop and implement air pollution
control strategies, account for emissions growth and demonstrate their
attainment and maintenance of the 8-hour ozone standard. Greater
details of the EAC program are explained in EPA's December 16, 2003 (68
FR 70108) proposed Federal Register notice entitled ``Deferral of
Effective Date of Nonattainment Designations for 8-hour Ozone National
Ambient Air Quality
[[Page 29468]]
Standards for Early Action Compact Areas.''
On April 15, 2004, EPA designated all areas for the 8-hour ozone
standard. The EPA deferred the effective date of nonattainment
designations for EAC areas that were violating the 8-hour standard, but
continue to meet the compact milestones. Details of this deferral were
announced on April 15, 2004 as part of the Clean Air Rules of 2004, and
published in the Federal Register on April 30, 2004 in the notice
entitled ``Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact
Areas with Deferred Effective Dates' (69 FR 23858).
III. What Is a SIP?
The SIP is a set of air pollution regulations, control strategies
and technical analyses developed by the state, to ensure that the state
meets the National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under section 109 of the Act and they
currently address six criteria pollutants: Carbon monoxide, nitrogen
dioxide, ozone, lead, particulate matter, and sulfur dioxide. The SIP
is required by section 110 of the Act. These SIPs can be extensive,
containing state regulations or other enforceable documents and
supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
IV. What Is the Content of the San Antonio EAC Attainment
Demonstration?
In support of this proposal, the TCEQ conducted an ozone
photochemical modeling study developed for the San Antonio EAC area.
The modeling study predicts whether or not the EAC area will attain the
8-hour ozone NAAQS in 2007. The attainment demonstration includes
analyses which estimate whether selected emissions reductions will
result in ambient concentrations that meet the 8-hour ozone standard in
the San Antonio area and an identified set of measures which will
result in the required emissions reductions. See the Technical Support
Document (TSD) for a description of the control measures. The modeled
attainment test is passed if all resulting predicted future design
values are less than 85 parts per billion (ppb). The design value is
the three year average of the annual fourth highest 8-hour ozone
readings.
The attainment demonstration was supported by results of
photochemical modeling and technical documentation for all monitors in
the San Antonio EAC area. The demonstration incorporates the effects of
population and industry growth, as well as national and statewide
control measures or programs required to be in place by 2007 and 2012.
The modeling study demonstrates that the 8-hour ozone standard will be
attained by 2007 and maintained through 2012. The modeling analyses
were further supported by some of the weight of evidence analyses that
were evaluated for the San Antonio area.
We believe this study meets our modeling requirements and
guidelines, including such items as the base year inventory
development, the growth rate projections, and the performance of the
model. See Attachment A of our TSD for more information about this
modeling study, the weight of evidence analyses, and our evaluation of
these items. The modeling submitted in support of this proposal
demonstrates that the San Antonio EAC area will be in attainment with
the 8-hour ozone NAAQS in 2007. The latest modeling results for the San
Antonio EAC area predict a maximum ozone design value of 84 ppb for
2007, which is below the 8-hour ozone limit of 85 ppb. See section VI
of this document for a list of local control measures that will be
implemented within the San Antonio EAC area. We are proposing to
approve the 8-hour ozone attainment demonstration, the CAP and the
local control measures within the CAP for the San Antonio EAC area.
V. Why Are We Proposing to Approve This EAC SIP Submittal?
On December 9, 2002, Texas signed an EAC for the four-county San
Antonio Metropolitan Statistical Area, which was also signed by
representatives of the local communities, State air quality officials
and the EPA Region 6 Administrator. On April 15, 2004 (69 FR 23858),
the EPA designated the 8-hour ozone nonattainment areas and designated
the four-county San Antonio EAC area as nonattainment for the 8-hour
ozone standard. To date, the San Antonio area has met all EAC
milestones and, as long as the San Antonio EAC area continues to meet
the agreed upon milestones, the impact of the nonattainment designation
may be deferred until April 15, 2008.
We are proposing to approve this EAC SIP submittal because
implementation of the requirements in this EAC will help ensure the San
Antonio EAC area's compliance with the 8-hour ozone standard by
December 31, 2007 and maintenance of that standard through 2012. We
have reviewed the submittal and determined that it is consistent with
the requirements of the Act, EPA's policy, and the EAC protocol. Our
TSD contains detailed information concerning this rulemaking action.
Approving San Antonio's CAP into the SIP will also mean that
measures and controls identified in the CAP are federally enforceable
and the San Antonio EAC communities will start to benefit from
reductions in air pollution earlier than the statutory deadlines. See
section VI of this rulemaking action for a description of the air
pollution control measures. Finally, it means that EPA has determined
that the State and local area have continued to fulfill the milestones
and obligations of the EAC Program. In a separate notice, EPA will take
action to propose deferring the effective date of the nonattainment
designation for areas that are participating in the Early Action
Compacts until December 31, 2006, so long as the areas continue to
fulfill the EAC obligations, including semi-annual reporting
requirements, implementation of the measures in submitted clean air
plans by December 31, 2005, and a progress assessment by June 30, 2006.
VI. What Measures Are Included in This EAC SIP Submittal?
The EPA designated the San Antonio EAC area as nonattainment for
the 8-hour ozone standard on April 15, 2004 (69 FR 23858). The design
value for 2001-2003 was 89 ppb. The TCEQ has submitted these revisions
to the SIP, as progressive measures to avoid continued violation of the
8-hour ozone standard within the affected area and to be eligible for
the opportunity for a second deferral of the effective date of
nonattainment to December 31, 2006. While the implementation of the
local control strategies is estimated to reduce emissions of volatile
organic compounds (VOCs) and nitrogen oxides (NOX), the San
Antonio EAC area has demonstrated attainment through the implementation
of federal and statewide rules, without including the effects of these
local measures in their photochemical modeling.
The TSD discusses the results of photochemical modeling and
technical analyses that support a demonstration of attainment of the 8-
hour ozone standard by December 31, 2007 and maintenance of that
standard through 2012. To help achieve attainment, the San Antonio EAC
CAP includes two rule revisions: Lowering the Stage I Vapor Recovery
exemption and degreasing requirements, each of which will contribute to
reductions in VOCs in the San Antonio EAC area. VOCs, as well as
NOX, are precursors to and aid in the formation of ozone.
The rule revisions have been adopted by the State of Texas and
[[Page 29469]]
accompany this EAC SIP revision. Since these rule revisions apply to
both the Austin and San Antonio EAC areas, EPA has taken action on them
in a separate rulemaking (see 70 FR 15769, published March 29, 2005).
The rule revisions adopted as control measures in the San Antonio
EAC CAP apply to all four counties in the EAC area and are as follows:
Lowering the Stage I Vapor Recovery exemption to 25,000 gallons/month
throughput, projected to reduce VOCs by 5.81 tpd; and degreasing
requirements, projected to reduce VOCs by approximately 85% for
degreasing (cold cleaning) sources.
Additional control measures that have been specified in the EAC CAP
include: A statewide rule to reduce emissions of VOCs from portable
fuel containers that spill, leak, and/or allow permeation (see 70 FR
7041, published February 10, 2005); the Texas Emissions Reduction Plan
(TERP), a comprehensive set of grant programs to improve air quality in
Texas, for which funds to reduce NOX by 2.5 tpd have been
allocated to the San Antonio EAC area (see 70 FR 25008, published May
12, 2005); and Transportation Emission Reduction Measures (TERMs),
which are transportation projects designed to reduce vehicle use,
improve traffic flow, and/or reduce congested conditions throughout the
EAC area, projected to reduce NOX by 0.32 tpd and VOCs by
0.92 tpd. These TERMs are described in detail in the TSD and will be
incorporated by reference in the Code of Federal Regulations in the
final approval action. Detailed information is necessary for emission
reduction measures in the SIP to ensure that they are specific and
enforceable as required by the Act and the EAC protocol. The
description of these emission reduction measures includes the
identification of each project, location, a brief project description,
and emissions reductions for both VOCs and NOX. Though many
of these TERMs have been completed, any unfinished projects will be
completed by 2007.
In general, the control measures in this section meet the
requirements of the EAC protocol: They are specific, quantified,
permanent and will be federally enforceable when approved by EPA. In
compliance with the next EAC program milestone, all control measures
needed to demonstrate attainment will be implemented by December 31,
2005. The TSD contains detailed information on each of these control
measures, as well as information on additional planned and locally-
implemented measures whose expected emission reductions were not
quantified or included in the photochemical modeling, and therefore,
are not necessary for the area to attain the standard in 2007.
According to the EAC protocol, the CAP must also include a
component to address maintenance for growth at least 5 years beyond
2007, ensuring the area will remain in attainment of the 8-hour ozone
standard through 2012. The San Antonio EAC area has developed an
emissions inventory for the year 2012, as well as a continuing planning
process to address this essential part of the plan. The emissions
inventory predicted an overall reduction in emissions through 2012:
VOCs are estimated to be 23 percent lower and NOX are
estimated to be 28 percent lower in 2007 than in 1999; and emissions
predicted in 2012 are seven percent less than those modeled in 2007 for
VOCs, and 22 percent less than those modeled in 2007 for
NOX. Despite the growth estimated for the EAC area, federal
emission standards are projected to substantially reduce emissions of
NOX and VOCs in the newer fleet of vehicles. The federal
measures include area measures (on-board refueling vapor recovery), as
well as onroad and non-road (e.g., lawn and garden, recreational marine
and locomotives) measures. State point source reductions in emissions
from power plants, as well as the continuation of the smaller scale,
locally-implemented control measures, will also contribute to the
area's reductions in NOX and VOCs. See the TSD for a
detailed list of these measures. Using air quality models to anticipate
the impact of growth, as well as the federal, state-assisted and
locally-implemented measures to reduce emissions, the State has
projected the area will be in attainment of the 8-hr ozone standard in
2007 and will remain in attainment through 2012.
To enhance the planning process, the TCEQ has committed to continue
to work with local stakeholders to find additional measures to further
reduce ozone precursor emissions, to ensure that the San Antonio EAC
area will continue to maintain the 8-hour ozone standard through 2012.
In addition, the EAC signatories and implementing agencies will review
all EAC activities and report on these results in their semi-annual
reports, beginning in June 2005. This semi-annual review will track and
document, at a minimum, control strategy implementation and results,
monitoring data and future plans. After review, additional control
measures may be considered and adopted through revisions to this SIP,
if necessary.
The elements that address maintenance for growth meet the EAC
protocol. EPA has reviewed the modeling and emission projections and
proposes to approve the demonstration of attainment.
VII. What Happens If the Area Does Not Meet the EAC Milestones?
On April 15, 2004, EPA designated the San Antonio EAC area as
nonattainment for the 8-hour ozone standard and deferred the effective
date of nonattainment until September 30, 2005. One of the principles
of the EAC protocol is to provide safeguards to return areas to
traditional SIP requirements should an area fail to comply with the
terms of the compact. If, as outlined in our guidance and in 40 CFR
81.300, an EAC milestone is missed, we would take action to propose and
promulgate a finding of failure to meet the milestone, and to withdraw
the deferred effective date of the nonattainment designation, thereby
triggering applicable statutory requirements.
VIII. Proposed Action
EPA is proposing to approve the attainment demonstration, the San
Antonio EAC CAP and the related control measures and incorporate these
into the Texas SIP as a strengthening of the SIP. The modeling of ozone
and ozone precursor emissions from sources in the four county San
Antonio EAC area demonstrate that the specified control strategies will
provide for attainment of the 8-hour ozone NAAQS by December 31, 2007.
IX. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason and because this action will not have a
significant, adverse effect on the supply, distribution, or use of
energy, 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
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable
[[Page 29470]]
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 proposed 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 proposes to approve 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
proposed 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 under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to
approve state actions, 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 do not apply. This proposed 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.).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 13, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-10193 Filed 5-20-05; 8:45 am]
BILLING CODE 6560-50-P
