Approval and Promulgation of Air Quality Implementation Plans; Texas; Attainment Demonstration of the Austin Early Action Compact Area; Vehicle Inspection and Maintenance Program for Travis and Williamson Counties, 29461-29466 [05-10194]
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Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Proposed Rules
of such property,’’ to a donee described
in section 170(c) (other than to a private
foundation referred to in section
170(e)(1)(B)(ii)) may be allowed an
initial charitable contribution deduction
limited to the lesser of the taxpayer’s
basis or the fair market value of the
qualified intellectual property. In
addition, the taxpayer may be permitted
to deduct certain additional amounts in
the year of contribution or in
subsequent taxable years based on a
specified percentage of the qualified
donee income received by the donee
with respect to the qualified intellectual
property.
Section 882(c)(1) of the Act amended
section 6050L to require donees to make
an annual information return that
reports the qualified donee income for
the taxable year and other specified
information relating to qualified
intellectual property contributions. The
IRS expects to issue a new Form 8899
on which donees will report qualified
donee income.
Under section 170(m)(8)(B), a donor
must notify the donee of the donor’s
intent to treat a charitable contribution
as a qualified intellectual property
contribution under sections 170(m) and
6050L. For rules relating to donor
notification see section 170(m)(8)(B) and
Notice 2005–41, I.R.B. 2005–23 issued
thereunder. Unless timely notice is
provided, the donor has not made a
qualified intellectual property
contribution, and the donee has no
reporting obligation under section
6050L or these regulations.
The donee is not required to make an
information return if the qualified
intellectual property produced no net
income for the donee’s taxable year.
Under section 170(m)(5) and (m)(6),
income received or accrued during the
donee’s taxable year is not treated as
allocated to qualified intellectual
property if such income is received or
accrued after the 10-year period
beginning on the date of the
contribution or after the expiration of
the legal life of the qualified intellectual
property. Thus, the donee is not
required to make a return with regard to
a qualified intellectual property
contribution for taxable years beginning
after the expiration of the legal life of
such qualified intellectual property.
Additionally, section 6050L(b) requires
a return only for specified taxable years
of the donee, which years are defined in
section 6050L(b)(2)(B) as any taxable
year any portion of which is part of the
10-year period beginning on the date of
contribution of the qualified intellectual
property. Therefore, the donee is not
required to make a return for taxable
years beginning more than 10 years after
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the date of the qualified intellectual
property contribution.
Under these regulations, the donee
generally is required to file an
information return (with a copy of such
return to the donor) on or before the last
day of the first full month following the
close of the donee’s taxable year. See
section 7701(a)(23) for the definition of
taxable year. Transition rules are
provided to take into account these
filing requirements before a form is
prescribed by the Internal Revenue
Service and for donees’ taxable years
ending prior to or on the date of
issuance of these regulations.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
is hereby certified that these regulations
will not have a significant economic
impact on a substantial number of small
entities. This certification is based upon
the fact that few, if any, small entities
will be required to file under these
regulations. Therefore, a Regulatory
Flexibility Analysis under the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) is not required. Pursuant to
section 7805(f) of the Internal Revenue
Code, this notice of proposed
rulemaking will be submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
Comments and Requests for a Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written (a signed original and 8 copies)
or electronic comments that are
submitted timely to the IRS. The IRS
and Treasury Department request
comments on the clarity of the proposed
rules and how they can be made easier
to understand. All comments will be
available for public inspection and
copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits written
comments. If a public hearing is
scheduled, notice of the date, time, and
place for the public hearing will be
published in the Federal Register.
Drafting Information
The principal author of these
regulations is Donnell M. Rini-Swyers,
Office of Assistant Chief Counsel
(Procedure & Administration).
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29461
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.6050L–2 is added to
read as follows:
§ 1.6050L–2 Information returns by donees
relating to qualified intellectual property
contributions.
[The text of § 1.6050L–2 is the same
as the text of § 1.6050L–2T published
elsewhere in this issue of the Federal
Register].
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 05–10228 Filed 5–20–05; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0011; FRL–7916–4]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Attainment Demonstration of the
Austin Early Action Compact Area;
Vehicle Inspection and Maintenance
Program for Travis and Williamson
Counties
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 include the modeled
attainment demonstration of the 8-hour
ozone standard and the Clean Air
Action Plan (CAAP) for the Austin Early
Action Compact (EAC) area. EPA is
proposing approval of the
photochemical modeling in support of
the attainment demonstration of the 8hour ozone standard within the Austin
EAC area. EPA is proposing approval of
the Austin EAC CAAP and related
control measures. EPA is also proposing
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approval of a vehicle inspection and
maintenance (I/M) program for Travis
and Williamson Counties, which are
within the Austin EAC area. EPA is
proposing approval of 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 ensure
attainment 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–0011, 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, 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–0011. 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://
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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
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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 Austin 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 is the vehicle I/M program we are
proposing to approve?
VIII. What happens if the area does not meet
the EAC milestones?
IX. Proposed Action
X. 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. The
revisions include an attainment
demonstration of the 8-hour ozone
standard within the Austin EAC area
and the Austin EAC CAAP and related
control measures. The EAC is a
voluntary agreement between the TCEQ,
the EPA, the five counties of Bastrop,
Caldwell, Hays, Travis and Williamson,
and the cities of Austin, Bastrop, Elgin,
Lockhart, Luling, Round Rock and San
Marcos. The intent of this agreement,
known as the Austin EAC or the EAC,
is to reduce ozone pollution and thereby
maintain the 8-hour ozone standard.
The EAC sets forth a schedule to
develop technical information about
local ozone pollution, and adopt and
implement a clean air action plan,
consisting of emissions control
measures to ensure that the EAC area
achieves compliance with the 8-hour
ozone standard by December 31, 2007.
The revisions also include a vehicle
inspection and maintenance (I/M)
program for Travis and Williamson
Counties, within the Austin EAC area.
The I/M rule revision is an emission
control strategy that will assist the
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Austin EAC area in achieving the 8-hour
ozone standard by December 31, 2007.
The EPA designated the Austin EAC
area as attainment for the 8-hour ozone
standard on April 30, 2004 (69 FR
23858). During the summer of 2004 the
Austin EAC area monitored a violation
of the Federal 8-hour ozone standard.
The design value (three year average of
the annual fourth highest 8-hour ozone
readings) for 2002–2004 was 85 parts
per billion (ppb). The TCEQ submitted
these revisions to the SIP as preventive
and progressive measures to avoid
continued violation, to ensure long term
maintenance of the 8-hour ozone
standard within the affected area, and to
prevent a redesignation to
nonattainment. Section VI of this
rulemaking describes the control
measures that will be implemented
within the Austin 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. Areas that
adopted EACs must establish a clean air
action plan, meet other established
milestones and attain the 8-hour ozone
standard by December 31, 2007. 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
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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
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
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 Austin
EAC Attainment Demonstration?
In support of this proposal, the State
conducted an ozone photochemical
modeling study developed for the
Austin EAC area. The photochemical
modeling attainment demonstration
includes: (1) analyses which estimate
whether selected emissions reductions
will result in ambient concentrations
that meet the 8-hour ozone standard in
the Austin EAC area and (2) an
identified set of measures which will
result in the required emissions
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reductions. See the Technical Support
Document (TSD) for a detailed
description of the control measures
included in the model. 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,
which was supported by results of
photochemical modeling and technical
documentation, predicts that the 8-hour
ozone standard should be attained in
the Austin EAC area by 2007 and
maintained through 2012.
We believe this study meets EPA’s
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 B of our TSD for
more information about this modeling
study and EPA’s evaluation of these
items. The modeling submitted in
support of this proposal demonstrates
that the Austin EAC area would be in
attainment with the 8-hour ozone
NAAQS in 2007. The modeling results
for the Austin EAC area predict a
maximum ozone design value of 83 ppb
in 2007. This predicted maximum
design value is below the 8-hour ozone
limit of 85 ppb. See section VI of this
document for a list of measures that will
be implemented within the Austin EAC
area. We are proposing to approve the
8-hour ozone attainment demonstration
for the Austin EAC area.
V. Why Are We Proposing To Approve
This EAC SIP Submittal?
We are proposing to approve this EAC
SIP submittal because implementation
of the requirements in this EAC will
help ensure the Austin EAC area’s
compliance with the 8-hour ozone
standard by December 31, 2007 and
maintenance of that standard through
2012. We have determined that the
control measures included in the
attainment demonstration are
quantified, surplus, permanent, and, if
approved, will be Federally enforceable
SIP revisions. We have reviewed the
submittals and determined that they are
consistent with the requirements of the
Act, EPA’s policy, and the EAC
protocol. Our TSD contains detailed
information concerning this rulemaking
action.
Approving Austin’s CAAP into the
SIP will also mean that measures and
controls identified in the CAAP become
Federally enforceable and the Austin
EAC communities will start to benefit
from reductions in air pollution. See
section VI of this rulemaking action for
the description of air pollution control
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measures. EPA has determined that the
State and local area have fulfilled the
milestones and obligations of the EAC
Program to date.
VI. What Measures Are Included in
This EAC SIP Submittal?
The attainment demonstration relied
upon existing state and Federal
requirements as well as new state and
local control strategies, each of which
will contribute to reductions in nitrogen
oxides (NOX) and volatile organic
compounds (VOCs) in the Austin EAC
area. NOX and VOCs are precursors to
and aid in the formation of ozone. While
the implementation of the local control
strategies is estimated to reduce NOX
and VOCs, the Austin EAC area has
demonstrated attainment through the
implementation of Federal and
statewide rules, without including the
effects of the local control measures in
the photochemical modeling.
To help ensure the Austin EAC area’s
compliance with the 8-hour ozone
standard by December 31, 2007, the
CAAP includes State rule revisions as
well as local control measures. EPA is
acting on the vehicle inspection and
maintenance rule in this proposal and
has taken separate actions on the
remaining revisions, including lowering
the Stage I Vapor Recovery exemption,
degreasing requirements and cutback
asphalt restrictions (see 70 FR 15769,
published March 29, 2005) and idling
restrictions (see 70 FR 18308, published
April 11, 2005), the gas can rule (see 70
FR 7041, published February 10, 2005),
and the Texas Emission Reduction Plan
(TERP, see 70 FR 25008, published May
12, 2005).
The control measures in the Austin
EAC CAAP are expected to provide the
following reductions: annual vehicle
I/M program in Travis and Williamson
Counties, projected to reduce NOX by
3.22 tons per day (tpd) and VOCs by
3.83 tpd; lowering the Stage I Vapor
Recovery exemption to 25,000 gallons/
month throughput in the five county
EAC area, projected to reduce VOCs by
4.88 tpd; degreasing requirements in the
five county EAC area, projected to
reduce VOCs by 5.55 tpd or 59.2% for
degreasing (cold cleaning) sources;
seasonal cutback asphalt restrictions in
the five county EAC area, projected to
reduce VOCs by 1.03 tpd or 38.4% for
asphalt applications; and a rule
prohibiting heavy-duty diesel vehicle
idling in jurisdictions that sign
enforcement agreements with the TCEQ,
projected to reduce NOX by 0.67 tpd
when adopted throughout the EAC area.
See the TSD for further details.
Additional control measures that have
been included in the photochemical
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modeling and will be implemented
throughout the EAC area include: A
statewide rule to reduce emission of
VOCs from portable fuel containers that
spill, leak, and/or allow permeation,
projected to reduce VOCs by 0.89 tpd
(70 FR 7041); the TERP, a
comprehensive set of grant programs to
improve air quality in Texas, for which
funds to reduce NOX by 2 tpd have been
allocated to the Austin EAC area (70 FR
25008); 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.
The specific TERMs have been
described in detail in Appendix L of the
State’s SIP submittal 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
TERMs description in the SIP includes
identification of each project, location, a
brief project description,
implementation date, status of project,
and emissions reductions for both VOCs
and NOX. The TERMs are projected to
reduce NOX by 0.72 tpd and VOCs by
0.83 tpd and we here propose approval
of the TERMs control measure.
The CAAP includes additional local
control measures that were not included
in the attainment demonstration. Power
plant emission reductions which will be
effective by December 31, 2005 are
projected to reduce NOX by 341 tons per
year (tpy) in the EAC area. These
reductions are scheduled for the Sim
Gideon, Holly Street and Decker Lake
facilities in Bastrop and Travis Counties
and are in addition to those required by
existing state-wide NOX rules.
Acceleration of emission reductions
required by a Flexible Air Permit from
October 2012 to December 31, 2006 in
Fayette County (on the east border of the
EAC area) is projected to reduce NOX by
972 tpy. Improved controls at the
University of Texas facility in Travis
County, scheduled for implementation
by December 31, 2006, are estimated to
reduce NOX by an additional 353 tpy.
The control measures which were
included in the attainment
demonstration 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, each of the
control measures included in the
attainment demonstration are scheduled
to be implemented on or before
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December 31, 2005. The TSD contains
detailed information on each of these
control measures, as well as information
on additional locally-implemented
measures whose expected emission
reductions have not been quantified or
included in the photochemical
modeling, but will assist the area in
attainment and maintenance of the 8hour ozone standard in 2007.
According to the EAC protocol, the
CAAP 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
Austin 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 and 2015: for point sources, VOC
emissions are predicted to be 37 percent
lower and NOX emissions are estimated
to be 42 percent lower in 2012 than
1999. Area sources are projected to
increase by 14.2% from 1999 to 2012.
For on-road mobile sources, VOC
emissions (without the I/M program) are
predicted to be 48 percent lower and
NOX emissions are estimated to be 68
percent lower in 2012 than 1999; with
the I/M program, VOC emissions are
predicted to be 58 percent lower and
NOX emissions are estimated to be 74
percent lower in 2012 than 1999. For
non-road mobile sources, emissions of
VOCs are estimated to be 10 percent
lower and NOX emissions are estimated
to be 4 percent higher in 2012 than
1999. Despite the growth estimated for
the EAC area, the more stringent Federal
emission standards are projected to
substantially reduce emissions of NOX
and VOCs in the newer fleet of vehicles.
The Federal controls include area
measures (e.g., auto body refinishing) as
well as onroad and non-road (e.g., lawn
and garden, recreational marine,
locomotives) measures. State point
source reductions in emissions from
power plants, as well as 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-hour
ozone standard in 2007 and will remain
in attainment through 2012 and 2015.
The elements of the demonstration that
address maintenance for growth meet
the EAC protocol.
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To enhance the air quality 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 Austin
EAC area will 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 semiannual 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.
EPA has determined that the control
measures included in the attainment
demonstration are consistent with the
requirements of the EPA Protocol for
EAC control strategies in that the
measures are specific, quantified,
permanent, and, if approved by EPA,
will be Federally enforceable SIP
revisions. In accordance with the EAC,
the signatories will review all EAC
activities and report results in their
semi-annual reports. The control
measures in the CAAP approved
through this SIP revision will provide
reductions in NOX and VOCs in the
Austin EAC area. 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. EPA proposes to approve the
demonstration of attainment, the CAAP
and related control measures.
VII. What Is the Vehicle I/M Program
We Are Proposing To Approve?
Vehicle I/M programs focus on
reducing emissions of NOX and VOCs
through automobile inspections that
lead to repair and maintenance of
vehicles covered by the program. I/M
programs are mandatory requirements of
the Federal CAA Section 182 for certain
ozone nonattainment areas. However,
state and local governments may initiate
I/M programs voluntarily in order to
reduce emissions of NOX and VOCs
from automobiles. Texas has adopted
rules in Chapter 114, Subchapter C for
an I/M program that applies only in
EAC areas where participation is
requested by the participating county
and the most populous municipality in
the county. This EAC I/M program is
distinct from the State’s SIP-approved
I/M program in Chapter 114, Subchapter
B applicable to nonattainment areas. See
Attachment A of our TSD for further
details. Resolutions requesting EAC I/M
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14:30 May 20, 2005
Jkt 205001
programs were approved and signed by
Travis County on March 23, 2004, the
City of Austin on March 25, 2004,
Williamson County on March 23, 2004,
and the City of Round Rock on March
25, 2004.
The EAC I/M program becomes
effective September 1, 2005. All
gasoline-powered motor vehicles
between 2 and 24 years old, registered
and primarily operated in Travis and
Williamson Counties, are required to
have an annual emissions inspection
starting with the first safety inspection.
Military tactical vehicles, motorcycles,
diesel-powered vehicles, dual-fueled
vehicles that cannot operate using
gasoline, and antique vehicles registered
with the Texas Department of
Transportation are excluded from this
program. Test-on-resale is required for
title transfer within the two counties if
the sale vehicle is registered in a nonI/M county, with the exception of all
1996 or newer vehicles with less than
50,000 miles. All subject 1996 and
newer model year vehicles equipped
with On-board Diagnostic (OBD)
systems will undergo EPA OBD test
procedures. All pre-1996 subject
vehicles will undergo a two-speed idle
(TSI) test. All test facilities must offer
both emission tests. Test facilities can
be either test and repair or test only.
The emissions inspection fee will not
exceed $16. A portion of each emission
inspection fee goes to the Department of
Public Safety for program oversight with
regard to compliance and enforcement.
Program funds are also made available
for these counties to participate in the
Low Income Repair Assistance Program
if they adopt that program. Vehicle
inspection certificate in the EAC area
counties is mandated, along with
provisions for limited exclusions,
waivers and extensions, and
prohibitions of program fraud.
MOBILE6 was used to calculate
emission reductions that this program
will achieve. The program is projected
to reduce VOCs by 3.83 tons per day
and NOX by 3.22 tons per day, which is
slightly more than 10% for each
pollutant from this source category (gaspowered automobiles). See the TSD for
an in-depth analysis. A technical review
of the I/M rule revisions resulted in a
recommendation to approve the rule
revisions with one exclusion, which
follows.
To be consistent with our previous
approval of Texas’ I/M program for
nonattainment areas, we are not
approving section 114.82(b) as part of
the Texas EAC I/M program. This
provision places an additional reporting
burden upon commanders at Federal
facilities regarding affected Federal
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
29465
vehicles, which is not imposed upon
any other affected non-federal vehicle.
See 66 FR 57261 for further details.
The I/M program we are proposing to
approve today is not being submitted to
meet I/M requirements of the CAA as
defined in EPA’s final I/M rule
published November 5, 1992 at 57 FR
52950. Rather, this rule is being
submitted for approval into the Texas
SIP as part of the State’s EAC control
strategies to reduce emissions of NOX
and VOCs from automobiles in the
Austin EAC area. Accordingly, this rule
is not being reviewed pursuant to
requirements set forth in EPA’s final
I/M rule at 40 CFR part 51, subpart S,
but rather as a strengthening of the SIP.
EPA’s review of the material submitted
indicates that the rule is approvable to
achieve emission reductions within a
range of those represented in the State’s
modeling study and attainment
demonstration. EPA is proposing to
approve the SIP revision as stated
above, to include vehicle I/M for Travis
and Williamson Counties.
VIII. What Happens If the Area Does
Not Meet the EAC Milestones?
The measures outlined in this
submittal provide sufficient information
to conclude that the Austin EAC area
will complete each of the EAC
milestone requirements, including
attainment of the 8-hour standard in
2007. However, 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
and the area is still in attainment of the
8-hour ozone standard, we would take
action to propose and promulgate a
finding of failure to meet the milestone,
but the ozone attainment designation
and the approved SIP elements would
remain in effect. If the design value for
the EAC area exceeds the 8-hour ozone
standard and the area has missed an
EAC milestone, we would also consider
factors in section 107(d)(3)(A) of the Act
in deciding whether to redesignate the
area to nonattainment.
IX. Proposed Action
EPA is proposing to approve the
vehicle I/M program for Travis and
Williamson Counties. In addition, EPA
is proposing to approve the attainment
demonstration, the Austin EAC CAAP,
and the related control measures and
incorporate these revisions into the
Texas SIP as a strengthening of the SIP.
We have determined that the CAAP
control measures included in the
attainment demonstration are
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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,
VerDate jul<14>2003
14:30 May 20, 2005
Jkt 205001
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:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
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,
E:\FR\FM\23MYP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 98 (Monday, May 23, 2005)]
[Proposed Rules]
[Pages 29461-29466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10194]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0011; FRL-7916-4]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Attainment Demonstration of the Austin Early Action Compact
Area; Vehicle Inspection and Maintenance Program for Travis and
Williamson Counties
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 include the modeled attainment demonstration of the
8-hour ozone standard and the Clean Air Action Plan (CAAP) for the
Austin Early Action Compact (EAC) area. EPA is proposing approval of
the photochemical modeling in support of the attainment demonstration
of the 8-hour ozone standard within the Austin EAC area. EPA is
proposing approval of the Austin EAC CAAP and related control measures.
EPA is also proposing
[[Page 29462]]
approval of a vehicle inspection and maintenance (I/M) program for
Travis and Williamson Counties, which are within the Austin EAC area.
EPA is proposing approval of 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 ensure attainment 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-0011, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: https://docket.epa.gov/rmepub/ Regional Material in
EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/region6/
r6coment.htm. Please click on ``6PD'' (Multimedia) and select ``Air''
before submitting comments.
E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please also cc
the person listed in the FOR FURTHER INFORMATION CONTACT section below.
Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax
number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only
between the hours of 8 a.m. and 4 p.m. weekdays except for legal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID No. R06-OAR-2005-TX-0011. 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 Austin 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 is the vehicle I/M program we are proposing to approve?
VIII. What happens if the area does not meet the EAC milestones?
IX. Proposed Action
X. 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. The revisions include an attainment
demonstration of the 8-hour ozone standard within the Austin EAC area
and the Austin EAC CAAP and related control measures. The EAC is a
voluntary agreement between the TCEQ, the EPA, the five counties of
Bastrop, Caldwell, Hays, Travis and Williamson, and the cities of
Austin, Bastrop, Elgin, Lockhart, Luling, Round Rock and San Marcos.
The intent of this agreement, known as the Austin EAC or the EAC, is to
reduce ozone pollution and thereby maintain the 8-hour ozone standard.
The EAC sets forth a schedule to develop technical information about
local ozone pollution, and adopt and implement a clean air action plan,
consisting of emissions control measures to ensure that the EAC area
achieves compliance with the 8-hour ozone standard by December 31,
2007.
The revisions also include a vehicle inspection and maintenance (I/
M) program for Travis and Williamson Counties, within the Austin EAC
area. The I/M rule revision is an emission control strategy that will
assist the
[[Page 29463]]
Austin EAC area in achieving the 8-hour ozone standard by December 31,
2007.
The EPA designated the Austin EAC area as attainment for the 8-hour
ozone standard on April 30, 2004 (69 FR 23858). During the summer of
2004 the Austin EAC area monitored a violation of the Federal 8-hour
ozone standard. The design value (three year average of the annual
fourth highest 8-hour ozone readings) for 2002-2004 was 85 parts per
billion (ppb). The TCEQ submitted these revisions to the SIP as
preventive and progressive measures to avoid continued violation, to
ensure long term maintenance of the 8-hour ozone standard within the
affected area, and to prevent a redesignation to nonattainment. Section
VI of this rulemaking describes the control measures that will be
implemented within the Austin 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. Areas that adopted EACs must
establish a clean air action plan, meet other established milestones
and attain the 8-hour ozone standard by December 31, 2007. 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 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 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 Austin EAC Attainment Demonstration?
In support of this proposal, the State conducted an ozone
photochemical modeling study developed for the Austin EAC area. The
photochemical modeling attainment demonstration includes: (1) analyses
which estimate whether selected emissions reductions will result in
ambient concentrations that meet the 8-hour ozone standard in the
Austin EAC area and (2) an identified set of measures which will result
in the required emissions reductions. See the Technical Support
Document (TSD) for a detailed description of the control measures
included in the model. 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,
which was supported by results of photochemical modeling and technical
documentation, predicts that the 8-hour ozone standard should be
attained in the Austin EAC area by 2007 and maintained through 2012.
We believe this study meets EPA's 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 B of our TSD for more information about this
modeling study and EPA's evaluation of these items. The modeling
submitted in support of this proposal demonstrates that the Austin EAC
area would be in attainment with the 8-hour ozone NAAQS in 2007. The
modeling results for the Austin EAC area predict a maximum ozone design
value of 83 ppb in 2007. This predicted maximum design value is below
the 8-hour ozone limit of 85 ppb. See section VI of this document for a
list of measures that will be implemented within the Austin EAC area.
We are proposing to approve the 8-hour ozone attainment demonstration
for the Austin EAC area.
V. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because
implementation of the requirements in this EAC will help ensure the
Austin EAC area's compliance with the 8-hour ozone standard by December
31, 2007 and maintenance of that standard through 2012. We have
determined that the control measures included in the attainment
demonstration are quantified, surplus, permanent, and, if approved,
will be Federally enforceable SIP revisions. We have reviewed the
submittals and determined that they are consistent with the
requirements of the Act, EPA's policy, and the EAC protocol. Our TSD
contains detailed information concerning this rulemaking action.
Approving Austin's CAAP into the SIP will also mean that measures
and controls identified in the CAAP become Federally enforceable and
the Austin EAC communities will start to benefit from reductions in air
pollution. See section VI of this rulemaking action for the description
of air pollution control
[[Page 29464]]
measures. EPA has determined that the State and local area have
fulfilled the milestones and obligations of the EAC Program to date.
VI. What Measures Are Included in This EAC SIP Submittal?
The attainment demonstration relied upon existing state and Federal
requirements as well as new state and local control strategies, each of
which will contribute to reductions in nitrogen oxides (NOX)
and volatile organic compounds (VOCs) in the Austin EAC area.
NOX and VOCs are precursors to and aid in the formation of
ozone. While the implementation of the local control strategies is
estimated to reduce NOX and VOCs, the Austin EAC area has
demonstrated attainment through the implementation of Federal and
statewide rules, without including the effects of the local control
measures in the photochemical modeling.
To help ensure the Austin EAC area's compliance with the 8-hour
ozone standard by December 31, 2007, the CAAP includes State rule
revisions as well as local control measures. EPA is acting on the
vehicle inspection and maintenance rule in this proposal and has taken
separate actions on the remaining revisions, including lowering the
Stage I Vapor Recovery exemption, degreasing requirements and cutback
asphalt restrictions (see 70 FR 15769, published March 29, 2005) and
idling restrictions (see 70 FR 18308, published April 11, 2005), the
gas can rule (see 70 FR 7041, published February 10, 2005), and the
Texas Emission Reduction Plan (TERP, see 70 FR 25008, published May 12,
2005).
The control measures in the Austin EAC CAAP are expected to provide
the following reductions: annual vehicle I/M program in Travis and
Williamson Counties, projected to reduce NOX by 3.22 tons
per day (tpd) and VOCs by 3.83 tpd; lowering the Stage I Vapor Recovery
exemption to 25,000 gallons/month throughput in the five county EAC
area, projected to reduce VOCs by 4.88 tpd; degreasing requirements in
the five county EAC area, projected to reduce VOCs by 5.55 tpd or 59.2%
for degreasing (cold cleaning) sources; seasonal cutback asphalt
restrictions in the five county EAC area, projected to reduce VOCs by
1.03 tpd or 38.4% for asphalt applications; and a rule prohibiting
heavy-duty diesel vehicle idling in jurisdictions that sign enforcement
agreements with the TCEQ, projected to reduce NOX by 0.67
tpd when adopted throughout the EAC area. See the TSD for further
details.
Additional control measures that have been included in the
photochemical modeling and will be implemented throughout the EAC area
include: A statewide rule to reduce emission of VOCs from portable fuel
containers that spill, leak, and/or allow permeation, projected to
reduce VOCs by 0.89 tpd (70 FR 7041); the TERP, a comprehensive set of
grant programs to improve air quality in Texas, for which funds to
reduce NOX by 2 tpd have been allocated to the Austin EAC
area (70 FR 25008); 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.
The specific TERMs have been described in detail in Appendix L of
the State's SIP submittal 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 TERMs description in the SIP includes
identification of each project, location, a brief project description,
implementation date, status of project, and emissions reductions for
both VOCs and NOX. The TERMs are projected to reduce
NOX by 0.72 tpd and VOCs by 0.83 tpd and we here propose
approval of the TERMs control measure.
The CAAP includes additional local control measures that were not
included in the attainment demonstration. Power plant emission
reductions which will be effective by December 31, 2005 are projected
to reduce NOX by 341 tons per year (tpy) in the EAC area.
These reductions are scheduled for the Sim Gideon, Holly Street and
Decker Lake facilities in Bastrop and Travis Counties and are in
addition to those required by existing state-wide NOX rules.
Acceleration of emission reductions required by a Flexible Air Permit
from October 2012 to December 31, 2006 in Fayette County (on the east
border of the EAC area) is projected to reduce NOX by 972
tpy. Improved controls at the University of Texas facility in Travis
County, scheduled for implementation by December 31, 2006, are
estimated to reduce NOX by an additional 353 tpy.
The control measures which were included in the attainment
demonstration 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,
each of the control measures included in the attainment demonstration
are scheduled to be implemented on or before December 31, 2005. The TSD
contains detailed information on each of these control measures, as
well as information on additional locally-implemented measures whose
expected emission reductions have not been quantified or included in
the photochemical modeling, but will assist the area in attainment and
maintenance of the 8-hour ozone standard in 2007.
According to the EAC protocol, the CAAP 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 Austin 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 and 2015: for
point sources, VOC emissions are predicted to be 37 percent lower and
NOX emissions are estimated to be 42 percent lower in 2012
than 1999. Area sources are projected to increase by 14.2% from 1999 to
2012. For on-road mobile sources, VOC emissions (without the I/M
program) are predicted to be 48 percent lower and NOX
emissions are estimated to be 68 percent lower in 2012 than 1999; with
the I/M program, VOC emissions are predicted to be 58 percent lower and
NOX emissions are estimated to be 74 percent lower in 2012
than 1999. For non-road mobile sources, emissions of VOCs are estimated
to be 10 percent lower and NOX emissions are estimated to be
4 percent higher in 2012 than 1999. Despite the growth estimated for
the EAC area, the more stringent Federal emission standards are
projected to substantially reduce emissions of NOX and VOCs
in the newer fleet of vehicles. The Federal controls include area
measures (e.g., auto body refinishing) as well as onroad and non-road
(e.g., lawn and garden, recreational marine, locomotives) measures.
State point source reductions in emissions from power plants, as well
as 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-hour ozone standard
in 2007 and will remain in attainment through 2012 and 2015. The
elements of the demonstration that address maintenance for growth meet
the EAC protocol.
[[Page 29465]]
To enhance the air quality 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 Austin
EAC area will 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.
EPA has determined that the control measures included in the
attainment demonstration are consistent with the requirements of the
EPA Protocol for EAC control strategies in that the measures are
specific, quantified, permanent, and, if approved by EPA, will be
Federally enforceable SIP revisions. In accordance with the EAC, the
signatories will review all EAC activities and report results in their
semi-annual reports. The control measures in the CAAP approved through
this SIP revision will provide reductions in NOX and VOCs in
the Austin EAC area. 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. EPA
proposes to approve the demonstration of attainment, the CAAP and
related control measures.
VII. What Is the Vehicle I/M Program We Are Proposing To Approve?
Vehicle I/M programs focus on reducing emissions of NOX
and VOCs through automobile inspections that lead to repair and
maintenance of vehicles covered by the program. I/M programs are
mandatory requirements of the Federal CAA Section 182 for certain ozone
nonattainment areas. However, state and local governments may initiate
I/M programs voluntarily in order to reduce emissions of NOX
and VOCs from automobiles. Texas has adopted rules in Chapter 114,
Subchapter C for an I/M program that applies only in EAC areas where
participation is requested by the participating county and the most
populous municipality in the county. This EAC I/M program is distinct
from the State's SIP-approved I/M program in Chapter 114, Subchapter B
applicable to nonattainment areas. See Attachment A of our TSD for
further details. Resolutions requesting EAC I/M programs were approved
and signed by Travis County on March 23, 2004, the City of Austin on
March 25, 2004, Williamson County on March 23, 2004, and the City of
Round Rock on March 25, 2004.
The EAC I/M program becomes effective September 1, 2005. All
gasoline-powered motor vehicles between 2 and 24 years old, registered
and primarily operated in Travis and Williamson Counties, are required
to have an annual emissions inspection starting with the first safety
inspection. Military tactical vehicles, motorcycles, diesel-powered
vehicles, dual-fueled vehicles that cannot operate using gasoline, and
antique vehicles registered with the Texas Department of Transportation
are excluded from this program. Test-on-resale is required for title
transfer within the two counties if the sale vehicle is registered in a
non-I/M county, with the exception of all 1996 or newer vehicles with
less than 50,000 miles. All subject 1996 and newer model year vehicles
equipped with On-board Diagnostic (OBD) systems will undergo EPA OBD
test procedures. All pre-1996 subject vehicles will undergo a two-speed
idle (TSI) test. All test facilities must offer both emission tests.
Test facilities can be either test and repair or test only.
The emissions inspection fee will not exceed $16. A portion of each
emission inspection fee goes to the Department of Public Safety for
program oversight with regard to compliance and enforcement. Program
funds are also made available for these counties to participate in the
Low Income Repair Assistance Program if they adopt that program.
Vehicle inspection certificate in the EAC area counties is mandated,
along with provisions for limited exclusions, waivers and extensions,
and prohibitions of program fraud.
MOBILE6 was used to calculate emission reductions that this program
will achieve. The program is projected to reduce VOCs by 3.83 tons per
day and NOX by 3.22 tons per day, which is slightly more
than 10% for each pollutant from this source category (gas-powered
automobiles). See the TSD for an in-depth analysis. A technical review
of the I/M rule revisions resulted in a recommendation to approve the
rule revisions with one exclusion, which follows.
To be consistent with our previous approval of Texas' I/M program
for nonattainment areas, we are not approving section 114.82(b) as part
of the Texas EAC I/M program. This provision places an additional
reporting burden upon commanders at Federal facilities regarding
affected Federal vehicles, which is not imposed upon any other affected
non-federal vehicle. See 66 FR 57261 for further details.
The I/M program we are proposing to approve today is not being
submitted to meet I/M requirements of the CAA as defined in EPA's final
I/M rule published November 5, 1992 at 57 FR 52950. Rather, this rule
is being submitted for approval into the Texas SIP as part of the
State's EAC control strategies to reduce emissions of NOX
and VOCs from automobiles in the Austin EAC area. Accordingly, this
rule is not being reviewed pursuant to requirements set forth in EPA's
final I/M rule at 40 CFR part 51, subpart S, but rather as a
strengthening of the SIP. EPA's review of the material submitted
indicates that the rule is approvable to achieve emission reductions
within a range of those represented in the State's modeling study and
attainment demonstration. EPA is proposing to approve the SIP revision
as stated above, to include vehicle I/M for Travis and Williamson
Counties.
VIII. What Happens If the Area Does Not Meet the EAC Milestones?
The measures outlined in this submittal provide sufficient
information to conclude that the Austin EAC area will complete each of
the EAC milestone requirements, including attainment of the 8-hour
standard in 2007. However, 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 and the area is still in attainment of the 8-hour ozone
standard, we would take action to propose and promulgate a finding of
failure to meet the milestone, but the ozone attainment designation and
the approved SIP elements would remain in effect. If the design value
for the EAC area exceeds the 8-hour ozone standard and the area has
missed an EAC milestone, we would also consider factors in section
107(d)(3)(A) of the Act in deciding whether to redesignate the area to
nonattainment.
IX. Proposed Action
EPA is proposing to approve the vehicle I/M program for Travis and
Williamson Counties. In addition, EPA is proposing to approve the
attainment demonstration, the Austin EAC CAAP, and the related control
measures and incorporate these revisions into the Texas SIP as a
strengthening of the SIP. We have determined that the CAAP control
measures included in the attainment demonstration are
[[Page 29466]]
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, 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
