Approval and Promulgation of Air Quality Implementation Plans; Texas; Attainment Demonstration of the San Antonio Early Action Compact Area, 48877-48880 [05-16475]
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Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 21, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
48877
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 15, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. Section 52.1770(e) is amended by
adding a new entry at the end of the table
for ‘‘North Carolina Attainment
Demonstration of the Mountain, Unifour,
Triad and Fayetteville Early Action
Compact Areas’’ to read as follows:
I
List of Subjects in 40 CFR Part 52
§ 52.1770
Environmental protection, Air
pollution control, Carbon monoxide,
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State effective date
EPA approval date
Federal Register citation
*
*
*
Attainment Demonstration of the Mountain, Unifour,
Triad and Fayetteville Early Action Compact Areas.
*
December 21, 2004 ...........
*
*
September 21, 2005 ..........
*
[Insert first page number of
publication].
[FR Doc. 05–16596 Filed 8–19–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0010; FRL–7955–8]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Attainment Demonstration of the San
Antonio Early Action Compact Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
16:02 Aug 19, 2005
Jkt 205001
This final rule is effective on
September 21, 2005.
DATES:
EPA has established a
docket for this action under Regional
Materials in EDocket (RME) ID No. R06–
OAR–2005–TX–0010. All documents in
the docket are listed in the RME index
at https://docket.epa.gov/rmepub/; once
in the system, select ‘‘quick search,’’
then type in the appropriate RME
docket identification number. Although
listed in the index, some information is
not publicly available, i.e., confidential
business information or other
information the disclosure of which is
restricted by statute. Certain other
ADDRESSES:
SUMMARY: The EPA is approving
revisions to the State Implementation
Plan (SIP) submitted by the Chairman of
the Texas Commission on
Environmental Quality (TCEQ) on
December 6, 2004. The revisions
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 approving the photochemical
VerDate jul<14>2003
modeling in support of the attainment
demonstration of the 8-hour ozone
standard within the San Antonio EAC
area and is approving the associated
control measures. These actions
strengthen the SIP in accordance with
the requirements of sections 110 and
116 of the Federal Clean Air Act (the
Act), and will result in emission
reductions needed to achieve attainment
of and maintain the 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
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 hard copy 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:
E:\FR\FM\22AUR1.SGM
22AUR1
48878
Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations
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. Background
II. What Action Is EPA Taking?
III.What Comments Did EPA Receive on the
May 23, 2005 Proposed Rulemaking for
San Antonio?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 23, 2005, EPA proposed
approval of the San Antonio EAC area’s
Clean Air Plan (CAP), the
photochemical modeling in support of
the attainment demonstration and
related control measures as revisions to
the SIP submitted to EPA by the Texas
Commission on Environmental Quality.
The proposal provides a detailed
description of these revisions and the
rationale for EPA’s proposed actions,
together with a discussion of the
opportunity to comment. The public
comment period for these actions closed
on June 22, 2005. See the Technical
Support Documents or our proposed
rulemaking at 70 FR 29466 for more
information. One adverse comment was
received on EPA’s proposed approval of
the San Antonio EAC area’s CAP and 8hour ozone attainment demonstration
for the EAC area.
II. What Action Is EPA Taking?
Today we are approving revisions to
the Texas SIP under sections 110 and
116 of the Act. The revisions
demonstrate attainment of the 8-hour
ozone standard within the San Antonio
EAC area. The revisions include the San
Antonio EAC CAP, photochemical
modeling and related control measures.
The intent of the SIP revisions is to
reduce ozone pollution and thereby
attain and maintain the 8-hour ozone
standard.
III. What Comments Did EPA Receive
on the May 23, 2005 Proposed
Rulemaking for San Antonio?
We received one comment letter on
the May 23, 2005 proposed rulemaking.
The letter provided both supportive and
adverse discourse, commending the
State of Texas for steps it has taken to
VerDate jul<14>2003
16:02 Aug 19, 2005
Jkt 205001
improve air quality. The commenter
opposes approval of the SIP revision
because it (1) provides for the deferment
of the area’s nonattainment designation
to as late as December 31, 2007, and (2)
relieves the area of its obligations under
Title I, Subpart D of the Act. The
commenter contends that EPA does not
have the legal authority to defer the
effective date of an area’s nonattainment
designation or to relieve areas of the
obligations of Part D of Title I of the Act
when areas are violating the standard
and designated nonattainment.
Response: We appreciate the support
expressed towards the State of Texas
and towards the efforts made to achieve
and maintain the 8-hour ozone NAAQS.
We continue to believe that the EAC
program, as designed, gives San Antonio
the flexibility to develop their own
approach to meeting the 8-hour ozone
standard and believe San Antonio is
serious in their commitment to control
emissions from local sources earlier
than the Act would require. By
involving diverse stakeholders,
including representatives from industry,
local and State governments, and local
environmental and citizen groups, San
Antonio is implementing regional
cooperation in solving air quality
problems that affect the health and
welfare of its citizens. People living in
the San Antonio EAC area will realize
reductions in pollution levels and enjoy
the health benefits of cleaner air sooner
than might otherwise occur.
The commenter incorrectly asserts
that the SIP revision provides for
deferment of the effective date of the
area’s nonattainment designation. The
SIP revision does not purport to alter
the area’s effective date of designation
for the 8-hour standard. In the 8-hour
designation rule published April 30,
2004, EPA designated 14 EAC areas as
nonattainment, but deferred the
effective date of the designation until
September 30, 2005. While approval of
the CAP is a prerequisite for an
extension of the deferred effective date
for the San Antonio EAC, see 40 CFR
81.300(e)(3), neither the proposed
approval of this SIP nor this final action
approving the SIP purports to extend
the deferral of the effective date of the
nonattainment designation for this area.
In a separate proposed rule, EPA
proposed to extend to December 31,
2006, the deferral of the effective date
for all 14 EAC areas that received
deferrals to September 30, 2005 in the
April 2004 designation rules. In a
separate notice, EPA will consider
comments regarding its legal authority
to issue such deferrals in the final
rulemaking action on the deferral.
Additionally, we note that the
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
requirements of part D of title I of the
CAA are triggered when an area has an
effective 8-hour ozone nonattainment
designation. EPA’s approval of the CAP
for San Antonio does not affect whether
the requirements of part D apply in the
San Antonio area. Rather, it is EPA’s
separate actions regarding the effective
date of the area’s designation that affects
whether and when the nonattainment
provisions of part D might apply.
IV. Final Action
EPA is approving the attainment
demonstration, the San Antonio EAC
CAP, and the related control measures
and incorporating these revisions into
the Texas SIP as a strengthening of the
SIP. We have determined that the CAP
control measures included in the
attainment demonstration are
quantified, surplus, permanent, and will
be Federally enforceable SIP revisions.
The modeling of ozone and ozone
precursor emissions from sources in the
San Antonio EAC area demonstrate that
the specified control strategies will
provide for attainment of the 8-hour
ozone NAAQS by December 31, 2007
and maintenance of that standard
through 2012. We have reviewed the
CAP and the attainment demonstration
and determined that they are consistent
with the requirements of the Act, EPA’s
policy, and the EAC protocol.
V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason 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 action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
E:\FR\FM\22AUR1.SGM
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48879
Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions 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 rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act, 5
U.S.C. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 21, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxides, Ozone,
Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Dated: August 12, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. The second table in § 52.2270(e)
entitled ‘‘EPA approved nonregulatory
provisions and quasi-regulatory
measures in the Texas SIP’’ is amended
by adding a new entry, immediately
following the last entry in the table, to
read as follows:
I
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State submittal/effective date
Name of SIP provision
Applicable geographic or
nonattaiment area
*
*
Clean Air Plan, 8-hour ozone standard attainment demonstration and
Transportation Emission Reduction
Measures (TERMs) for the San
Antonio EAC area.
*
*
Bexar, Comal, Guadalupe, and Wilson Counties, TX.
VerDate jul<14>2003
16:02 Aug 19, 2005
Jkt 205001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
EPA approval date
*
12/06/04
*
8/22/05 [Insert FR page number
where document begins].
E:\FR\FM\22AUR1.SGM
22AUR1
Comments
*
48880
Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations
[FR Doc. 05–16475 Filed 8–19–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–LA–0001; FRL –7955–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Attainment Demonstration
for the Shreveport-Bossier City Early
Action Compact Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving
revisions to the State Implementation
Plan (SIP) submitted by the Louisiana
Department of Environmental Quality
(LDEQ) on December 28, 2004. The
revisions will incorporate the
Shreveport-Bossier City Metropolitan
Statistical Area (MSA) Early Action
Compact (EAC) Air Quality
Improvement Plan (AQIP) into the
Louisiana SIP. EPA is approving the
photochemical modeling in support of
the attainment and maintenance
demonstration for the 8-hour ozone
standard within the Shreveport-Bossier
City EAC area and is approving the
associated control measures. These
actions strengthen the SIP in accordance
with the requirements of sections 110
and 116 of the Federal Clean Air Act
(the Act) and will result in emission
reductions needed to ensure continued
attainment and maintenance of the 8hour National Ambient Air Quality
Standard (NAAQS) for ozone.
DATES: This final rule is effective on
September 21, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Materials in EDocket (RME) ID No. R06–
OAR–2005–LA–0001. All documents in
the docket are listed in the RME index
at https://docket.epa.gov/rmepub/; once
in the system, select ‘‘quick search,’’
then type in the appropriate RME
docket identification number. Although
listed in the index, some information is
not publicly available, i.e., confidential
business information or other
information the disclosure of which 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 hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
VerDate jul<14>2003
16:02 Aug 19, 2005
Jkt 205001
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:
Louisiana Department of
Environmental Quality, Air Quality
Division, 7290 Bluebonnet Boulevard,
Baton Rouge, Louisiana 70810.
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. Background
II. What Action Is EPA Taking?
III. What Comments Did EPA Receive on the
May 12, 2005 Proposed Rulemaking for
the Shreveport-Bossier City EAC Area?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 12, 2005, EPA proposed
approval of the Shreveport-Bossier City
EAC area’s Air Quality Improvement
Plan (AQIP), the photochemical
modeling in support of the attainment
and maintenance demonstration and
related control measures as revisions to
the SIP submitted to EPA by the State
of Louisiana. The photochemical
modeling predicts that the 8-hour ozone
standard should continue to be attained
through December 31, 2007 and
maintained through 2012. The proposal
provides a detailed description of these
revisions and the rationale for EPA’s
proposed actions, together with a
discussion of the opportunity to
comment. The public comment period
for these actions closed on June 13,
2005. See the Technical Support
Document or our proposed rulemaking
at 70 FR 25000 for more information.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Two comment letters were received on
EPA’s proposed approval of the
Shreveport-Bossier City EAC area’s
AQIP and 8-hour ozone attainment
demonstration for the EAC area.
II. What Action Is EPA Taking?
Today we are approving revisions to
the Louisiana SIP under sections 110
and 116 of the Act. The revisions
demonstrate continued attainment and
maintenance of the 8-hour ozone
standard within the Shreveport-Bossier
City EAC area. The revisions include the
Shreveport-Bossier City EAC AQIP,
photochemical modeling and related
control measures. The intent of the SIP
revisions is to reduce ozone pollution
and thereby maintain the 8-hour ozone
standard.
III. What Comments Did EPA Receive
on the May 12, 2005 Proposed
Rulemaking for Shreveport-Bossier
City?
We received two comment letters on
the May 12, 2005 proposed rulemaking
for Shreveport-Bossier City. The
comments provided both supportive
and adverse discourse.
Comment: One letter supports EPA’s
approval of the EAC SIP revisions and
one letter commends the State of
Louisiana for steps it has taken to
improve air quality.
Response: We appreciate the support
expressed towards the State of
Louisiana and towards the efforts made
to ensure that the citizens in the
Shreveport-Bossier City EAC area
continue to breathe clean air. We
continue to believe that the EAC
program, as designed, gives the
Shreveport-Bossier City area the
flexibility to develop their own
approach to maintaining the 8-hour
ozone standard and believe the
Shreveport-Bossier City area is serious
in their commitment to control
emissions from local sources. By
involving diverse stakeholders,
including representatives from industry,
local and State governments, and local
environmental and citizen groups, the
Shreveport-Bossier City area is
implementing regional cooperation in
solving air quality problems that affect
the health and welfare of its citizens.
Through implementation of the AQIP,
people living in the Shreveport-Bossier
City area will realize reductions in
pollution levels and enjoy the health
benefits of cleaner air sooner than might
otherwise occur.
Comment: One letter opposes
approval of the SIP revision. The letter
contends that, should the area
experience a violation of the 8-hour
ozone standard, the SIP revision (1)
E:\FR\FM\22AUR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48877-48880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16475]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0010; FRL-7955-8]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Attainment Demonstration of the San Antonio Early Action Compact
Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving revisions to the State Implementation
Plan (SIP) submitted by the Chairman of the Texas Commission on
Environmental Quality (TCEQ) on December 6, 2004. The revisions
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 approving the photochemical modeling in support of the
attainment demonstration of the 8-hour ozone standard within the San
Antonio EAC area and is approving the associated control measures.
These actions strengthen the SIP in accordance with the requirements of
sections 110 and 116 of the Federal Clean Air Act (the Act), and will
result in emission reductions needed to achieve attainment of and
maintain the 8-hour National Ambient Air Quality Standard (NAAQS) for
ozone.
DATES: This final rule is effective on September 21, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Materials in EDocket (RME) ID No. R06-OAR-2005-TX-0010. All documents
in the docket are listed in the RME index at https://docket.epa.gov/
rmepub/; once in the system, select ``quick search,'' then type in the
appropriate RME docket identification number. Although listed in the
index, some information is not publicly available, i.e., confidential
business information or other information the disclosure of which 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 hard copy 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:
[[Page 48878]]
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. Background
II. What Action Is EPA Taking?
III.What Comments Did EPA Receive on the May 23, 2005 Proposed
Rulemaking for San Antonio?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 23, 2005, EPA proposed approval of the San Antonio EAC
area's Clean Air Plan (CAP), the photochemical modeling in support of
the attainment demonstration and related control measures as revisions
to the SIP submitted to EPA by the Texas Commission on Environmental
Quality. The proposal provides a detailed description of these
revisions and the rationale for EPA's proposed actions, together with a
discussion of the opportunity to comment. The public comment period for
these actions closed on June 22, 2005. See the Technical Support
Documents or our proposed rulemaking at 70 FR 29466 for more
information. One adverse comment was received on EPA's proposed
approval of the San Antonio EAC area's CAP and 8-hour ozone attainment
demonstration for the EAC area.
II. What Action Is EPA Taking?
Today we are approving revisions to the Texas SIP under sections
110 and 116 of the Act. The revisions demonstrate attainment of the 8-
hour ozone standard within the San Antonio EAC area. The revisions
include the San Antonio EAC CAP, photochemical modeling and related
control measures. The intent of the SIP revisions is to reduce ozone
pollution and thereby attain and maintain the 8-hour ozone standard.
III. What Comments Did EPA Receive on the May 23, 2005 Proposed
Rulemaking for San Antonio?
We received one comment letter on the May 23, 2005 proposed
rulemaking. The letter provided both supportive and adverse discourse,
commending the State of Texas for steps it has taken to improve air
quality. The commenter opposes approval of the SIP revision because it
(1) provides for the deferment of the area's nonattainment designation
to as late as December 31, 2007, and (2) relieves the area of its
obligations under Title I, Subpart D of the Act. The commenter contends
that EPA does not have the legal authority to defer the effective date
of an area's nonattainment designation or to relieve areas of the
obligations of Part D of Title I of the Act when areas are violating
the standard and designated nonattainment.
Response: We appreciate the support expressed towards the State of
Texas and towards the efforts made to achieve and maintain the 8-hour
ozone NAAQS. We continue to believe that the EAC program, as designed,
gives San Antonio the flexibility to develop their own approach to
meeting the 8-hour ozone standard and believe San Antonio is serious in
their commitment to control emissions from local sources earlier than
the Act would require. By involving diverse stakeholders, including
representatives from industry, local and State governments, and local
environmental and citizen groups, San Antonio is implementing regional
cooperation in solving air quality problems that affect the health and
welfare of its citizens. People living in the San Antonio EAC area will
realize reductions in pollution levels and enjoy the health benefits of
cleaner air sooner than might otherwise occur.
The commenter incorrectly asserts that the SIP revision provides
for deferment of the effective date of the area's nonattainment
designation. The SIP revision does not purport to alter the area's
effective date of designation for the 8-hour standard. In the 8-hour
designation rule published April 30, 2004, EPA designated 14 EAC areas
as nonattainment, but deferred the effective date of the designation
until September 30, 2005. While approval of the CAP is a prerequisite
for an extension of the deferred effective date for the San Antonio
EAC, see 40 CFR 81.300(e)(3), neither the proposed approval of this SIP
nor this final action approving the SIP purports to extend the deferral
of the effective date of the nonattainment designation for this area.
In a separate proposed rule, EPA proposed to extend to December 31,
2006, the deferral of the effective date for all 14 EAC areas that
received deferrals to September 30, 2005 in the April 2004 designation
rules. In a separate notice, EPA will consider comments regarding its
legal authority to issue such deferrals in the final rulemaking action
on the deferral. Additionally, we note that the requirements of part D
of title I of the CAA are triggered when an area has an effective 8-
hour ozone nonattainment designation. EPA's approval of the CAP for San
Antonio does not affect whether the requirements of part D apply in the
San Antonio area. Rather, it is EPA's separate actions regarding the
effective date of the area's designation that affects whether and when
the nonattainment provisions of part D might apply.
IV. Final Action
EPA is approving the attainment demonstration, the San Antonio EAC
CAP, and the related control measures and incorporating these revisions
into the Texas SIP as a strengthening of the SIP. We have determined
that the CAP control measures included in the attainment demonstration
are quantified, surplus, permanent, and will be Federally enforceable
SIP revisions. The modeling of ozone and ozone precursor emissions from
sources in the San Antonio EAC area demonstrate that the specified
control strategies will provide for attainment of the 8-hour ozone
NAAQS by December 31, 2007 and maintenance of that standard through
2012. We have reviewed the CAP and the attainment demonstration and
determined that they are consistent with the requirements of the Act,
EPA's policy, and the EAC protocol.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason 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 action merely approves state
law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the
[[Page 48879]]
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions 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 rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 21, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping
requirements, Volatile Organic Compounds.
Dated: August 12, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. The second table in Sec. 52.2270(e) entitled ``EPA approved
nonregulatory provisions and quasi-regulatory measures in the Texas
SIP'' is amended by adding a new entry, immediately following the last
entry in the table, to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable geographic submittal/
Name of SIP provision or nonattaiment area effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Clean Air Plan, 8-hour ozone Bexar, Comal, 12/06/04 8/22/05 [Insert FR ..................
standard attainment demonstration Guadalupe, and page number where
and Transportation Emission Wilson Counties, TX. document begins].
Reduction Measures (TERMs) for
the San Antonio EAC area.
----------------------------------------------------------------------------------------------------------------
[[Page 48880]]
[FR Doc. 05-16475 Filed 8-19-05; 8:45 am]
BILLING CODE 6560-50-P
