Approval and Promulgation of State Implementation Plans; Texas; Revision to the Rate of Progress Plan for the Beaumont/Port Arthur Ozone Nonattainment Area, 8962-8965 [06-1565]
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8962
Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Rules and Regulations
affirmative defense provisions for
source owners and operators for excess
emissions during periods of startup and
shutdown. The affirmative defense
provisions are contained in section II.J.
As indicated in 40 CFR 52.320(c)(109),
EPA approved the affirmative defense
provisions contained in sections II.J.1
through II.J.4 of the Common Provisions
regulation, adopted August 16, 2001 and
effective September 30, 2001. Section
II.J.5 of the Common Provisions
regulation, adopted August 16, 2001 and
effective September 30, 2001, is
disapproved.
[FR Doc. 06–1567 Filed 2–21–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–TX–0003; FRL–8034–
7]
Approval and Promulgation of State
Implementation Plans; Texas; Revision
to the Rate of Progress Plan for the
Beaumont/Port Arthur Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: The EPA is approving
revisions to the Texas State
Implementation Plan (SIP) Post-1996
Rate of Progress (ROP) Plan, the 1990
Base Year Inventory, and the Motor
Vehicle Emissions Budgets (MVEB)
established by the ROP Plan, for the
Beaumont/Port Arthur (BPA) ozone
nonattainment area submitted
November 16, 2004. The intended effect
of this action is to approve revisions
submitted by the State of Texas to
satisfy the reasonable further progress
requirements for 1-hour ozone
nonattainment areas classified as
serious and demonstrate further
progress in reducing ozone precursors.
We are approving these revisions in
accordance with the requirements of the
Federal Clean Air Act (CAA).
DATES: This rule is effective on April 24,
2006 without further notice, unless EPA
receives relevant adverse comment by
March 24, 2006. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2005–TX–0003, by one of the
following methods:
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• 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 send
a copy by e-mail to 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
Docket ID No. EPA–R06–OAR–2005–
TX–0003. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, 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 https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket 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
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special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov 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 8:30am and
4:30pm weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
Carl
Young, Air Planning Section (6PD–L),
EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, telephone
214–665–6645, young.carl@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
What Action Are We Taking?
We are approving revisions to the
BPA area post-1996 ROP Plan for the
1997–1999, 2000–2002 and 2003–2005
time periods submitted in a letter dated
November 16, 2004. The post-1996 ROP
plan is designed to achieve an
additional 9 percent reduction in
emissions between 1996 and 1999, a
further 9 percent reduction between
1999 and 2002, and another 9 percent
reduction between 2002 and 2005. We
are also approving revisions to the 1990
base year inventory and the ROP Plan’s
associated Motor Vehicle Emissions
Budgets (MVEB) for 1999, 2002, and
2005.
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Why Are These Revisions Necessary?
On March 30, 2004, EPA issued a
final action in the Federal Register
reclassifying BPA from moderate onehour ozone nonattainment to serious (69
FR 16483). With this new classification
came several requirements including a
requirement to provide a revision to the
SIP showing the CAA section 182(c)(2)
rate of progress requirements would be
met for 1999, 2002, and 2005.
We released a new MOBILE6 model
on January 29, 2002. (See 67 FR at
4254). Using MOBILE6 to calculate the
1999, 2002, and 2005 ROP target levels
requires a revision to the 1990 base year
inventory, which is the planning base
line from which the ROP targets are
calculated. Texas updated the 1990 base
year inventory for the BPA area to
reflect the use of MOBILE6. This
affected the base year on-road mobile
source inventory as well as the
projected emission reductions from
mobile source control programs. Texas
also made a number of other changes as
a result of updated information.
What Are the Clean Air Act’s Rate of
Progress Requirements?
Section 182(c)(2) of the CAA requires
each State to submit for each serious
and above ozone nonattainment area a
SIP revision, which describes how the
area will achieve an actual volatile
organic compound (VOC) emission
reduction from the baseline emissions of
at least 3 percent of baseline emissions
per year averaged over each consecutive
3-year period beginning 6 years after
enactment (i.e., November 15, 1996)
until the area’s attainment date. The
CAA does not allow States to take credit
for emission reductions due to Federal
Motor Vehicle Controls adopted prior to
1990 or corrections to reasonably
available control technology or vehicle
inspection and maintenance programs.
Section 182(c)(2)(C) explains the
conditions under which reductions of
oxides of nitrogen (NOX) may be
substituted for reductions in VOC
emissions for post 1996 ROP plans.
Why Control Volatile Organic
Compounds and Oxides of Nitrogen?
VOCs participate in chemical
reactions with oxides of nitrogen (NOX)
and oxygen in the atmosphere in the
presence of sunlight to form ozone, a
key component of urban smog. Inhaling
even low levels of ozone can trigger a
variety of health problems including
chest pains, coughing, nausea, throat
irritation, and congestion. It can also
worsen bronchitis, asthma and reduce
lung capacity.
EPA has established National
Ambient Air Quality Standards
(NAAQS) for ozone. The previously
adopted standard of 0.12 ppm averaged
over a 1 hour period has been phased
out and replaced with a new standard
of 0.08 ppm averaged over a 8 hour
period. The 1-hour standard was
revoked on June 15, 2005.
Areas that do not meet a NAAQS are
subject to nonattainment requirements
of the CAA. Air quality in BPA does not
meet either the 1-hour or the 8-hour
NAAQS for ozone. As such, the area is
subject to the ROP requirements of
section 182 of the CAA. The revised
ROP plan approved today was
developed in response to a 1-hour ozone
requirement. Under the anti-backsliding
provisions of the Phase I ozone
implementation rule, published on
April 30, 2004 (69 FR 69 FR 23951),
these rate of progress requirements must
remain in effect.
How Has Texas Demonstrated
Compliance With Rate of Progress
Requirements?
Table 1 and Table 2 show the target
levels and the projected controlled VOC
and NOX emissions for each of the
milestone years in the SIP.
The target levels are calculated by
subtracting the needed percentage
reductions for each ROP milestone year
and any non-creditable reductions from
the 1990 base year levels. Projected
future-year emissions for 2005 were
developed by projecting from the State’s
2002 Emission Inventory—actual
emission inventory estimates reported
for 2002. Emissions for 1999 and 2002
are based on the actual reported
inventory for those years. The
projections for 2005 were determined
based on growth estimates using EPA
approved methodologies and imposition
of Federal and SIP-approved state
enforceable controls. The two tables
demonstrate that estimated emissions in
1999 and 2002 and projected emissions
for 2005 are well below the target levels
for each of the milestone years. In other
words, the Texas Commission on
Environmental Quality (TCEQ) has
shown that there will be more emission
reductions than are required to meet
each milestone’s target level. For a
complete discussion of EPA’s evaluation
of TCEQ’s calculation of target levels
and emission projections, see the
technical support document for this
action.
TABLE 1.—ACTUAL AND PROJECTED NOX EMISSIONS
[Tons/day]
Category/year
1990
Projected Emissions ........................................................................................................................
Target Level .....................................................................................................................................
The reductions in projected emissions
shown in Table 1 result from a variety
of measures including post-1990 federal
motor vehicle control programs, NOX
reasonably available control technology,
and controls on lean burn engines and
additional NOX controls shown to be
needed to achieve attainment.
It is worth noting that the 2005
projections above do not include all of
1999
2002
2005
313.13
NA
225.21
303.37
193.65
270.02
177.1
234.82
the emission reductions expected in the
BPA area including reductions from the
Texas Emission Reduction Program and
some of the industrial controls required
to be implemented after 2002.
TABLE 2.—ACTUAL AND PROJECTED VOC INVENTORIES
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[Tons/day]
Category/year
1990
Total .................................................................................................................................................
Target ...............................................................................................................................................
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1999
2002
2005
320.56
NA
150.02
230.40
126.22
228.57
119.55
227.02
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As can be seen in Table 2, the VOC
emission reductions were largely
realized between 1990 and 1999. These
VOC reductions result from post-1990
federal motor vehicle emission control
programs and a variety of point source
measures implemented as part of the
area’s ROP plan for the 1990–1996 time
period which was approved February
10, 1998 (63 FR 6659). In addition, the
State has quantified the reductions from
the institution of Maximum Available
Control Technology (MACT) standards
under 40 CFR Part 63 such as the
Hazardous Organic National Emission
Standard for Hazardous Air Pollutants.
What Are the Revisions to the 1990
Base Year Inventory?
Table 3 summarizes the changes to
the approved 1990 base year inventory.
For a full discussion of EPA’s
evaluation, see the technical support
document for this action.
TABLE 3.—1990 RATE-OF-PROGRESS BASE YEAR EMISSIONS INVENTORY
[Tons/day]
Base year inventory
VOC
NOX
Source type
Old
New
Old
New
Point .................................................................................................................................................
Area .................................................................................................................................................
On-road Mobile ................................................................................................................................
Non-road Mobile ..............................................................................................................................
245.35
30.63
19.11
18.44
245.54
24.56
36.99
13.47
221.01
1.44
41.09
60.72
221.01
16.73
54.94
20.63
Total ..........................................................................................................................................
313.53
320.56
324.26
313.31
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The columns denoted as old were the
1990 base year emission inventories
approved February 10, 1998 (63 FR
6659). The changes to the inventory
result from the use of the more recent
version of EPA’s model for estimating
on-road mobile source emissions,
MOBILE6, the more recent emissions
model for emissions from off-road
mobile sources, NONROAD, and several
area-specific studies of activity levels.
Appendix 7 in the submitted Plan
includes various studies of off-road
emissions categories. In particular,
TCEQ has included area-specific studies
of aircraft, locomotive, ship and
construction emissions.
What Are the Motor Vehicle Emissions
Budgets Established in the Plan?
Table 4 documents the motor vehicle
emissions budgets that have been
established by this post-1996 ROP Plan
revision. A motor vehicle emission
budget is that portion of the total
allowable emissions defined in the SIP
revision allocated to on-road mobile
sources for a certain date for meeting the
purpose of the SIP, in this case
reasonable further progress towards
attainment of the NAAQS. EPA’s
conformity rule (40 CFR part 51, subpart
T and part 93, subpart A) requires that
transportation plans, programs and
projects in nonattainment or
maintenance areas conform to the SIP.
The motor vehicle emissions budget is
one mechanism EPA has identified for
demonstrating conformity. Upon the
effective date of this SIP approval, all
future transportation improvement
programs and long range transportation
plans for the Beaumont/Port Arthur area
will have to show conformity to the
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budgets in this plan; previous budgets
approved or found adequate will no
longer be applicable.
TABLE 4.—SIP ROP MOTOR VEHICLE
EMISSIONS BUDGETS
[Tons per day]
NOX
Year
1999 ..................................
2002 ..................................
2005 ..................................
VOC
57.17
49.56
33.97
20.52
17.21
12.59
Final Action
The EPA is approving the
aforementioned changes to the Texas
SIP because the revisions are consistent
with the CAA and EPA regulatory
requirements. The EPA is publishing
this rule without prior proposal because
the EPA views this as a noncontroversial submittal and anticipates
no adverse comments. However, in the
proposed rules section of this Federal
Register publication, EPA is publishing
a separate document that will serve as
the proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective April 24, 2006
without further notice, unless EPA
receives relevant adverse comment by
March 24, 2006.
If the EPA receives such comments,
then EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period.
Parties interested in commenting should
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do so at this time. If no such comments
are received, the public is advised that
this rule will be effective on April 24,
2006, and no further action will be
taken on the proposed rule.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Rules and Regulations
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
CAA. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 CAA. 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. 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 24, 2006. 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 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 6, 2006.
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 two new entries to the end of
the table for ‘‘Post 1996 Rate of Progress
Plan’’ and for ‘‘Revisions to the 1990
Base Year Inventory’’, both for the
Beaumont/Port Arthur, TX area. The
additions read as follows: § 52.2270
Identification of plan
*
*
*
*
*
(e) * * *
I
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or nonattainment area
Name of SIP provision
*
Post 1996 Rate of Progress
Plan.
Revisions to the 1990 Base
Year Inventory.
*
State submittal/effective
date
*
Beaumont/Port Arthur, TX .....
*
11/16/04
*
February 22, 2006.
Beaumont/Port Arthur, TX .....
11/16/04
February 22, 2006.
[FR Doc. 06–1565 Filed 2–21–06; 8:45 am]
BILLING CODE 6560–50–P
EPA approval date
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
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[EPA–HQ–OAR–2005–0170; FRL–8035–2]
Regulation of Fuels and Fuel
Additives: Removal of Reformulated
Gasoline Oxygen Content Requirement
for California Gasoline and Revision of
Commingling Prohibition To Address
Non-Oxygenated Reformulated
Gasoline in California
Environmental Protection
Agency (EPA).
AGENCY:
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Comments
*
ACTION:
*
Direct final rule.
SUMMARY: In the Energy Policy Act of
2005 (Energy Act), Congress removed
the oxygen content requirement for
reformulated gasoline (RFG) in Section
211(k) of the Clean Air Act (CAA). The
Energy Act specified that this change
was to be immediately effective in
California, and that it would be effective
270 days after enactment for the rest of
the country. This direct final rule
amends the fuels regulations to remove
the oxygen content requirement for RFG
for gasoline produced and sold for use
in California, thereby making the fuels
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Agencies
[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Rules and Regulations]
[Pages 8962-8965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1565]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2005-TX-0003; FRL-8034-7]
Approval and Promulgation of State Implementation Plans; Texas;
Revision to the Rate of Progress Plan for the Beaumont/Port Arthur
Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving revisions to the Texas State
Implementation Plan (SIP) Post-1996 Rate of Progress (ROP) Plan, the
1990 Base Year Inventory, and the Motor Vehicle Emissions Budgets
(MVEB) established by the ROP Plan, for the Beaumont/Port Arthur (BPA)
ozone nonattainment area submitted November 16, 2004. The intended
effect of this action is to approve revisions submitted by the State of
Texas to satisfy the reasonable further progress requirements for 1-
hour ozone nonattainment areas classified as serious and demonstrate
further progress in reducing ozone precursors. We are approving these
revisions in accordance with the requirements of the Federal Clean Air
Act (CAA).
DATES: This rule is effective on April 24, 2006 without further notice,
unless EPA receives relevant adverse comment by March 24, 2006. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2005-TX-0003, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
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 send a copy by e-mail to 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 Docket ID No. EPA-R06-OAR-
2005-TX-0003. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, 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 https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket 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 docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov 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 8:30am and 4:30pm weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone
214-665-6645, young.carl@epa.gov.
SUPPLEMENTARY INFORMATION:
What Action Are We Taking?
We are approving revisions to the BPA area post-1996 ROP Plan for
the 1997-1999, 2000-2002 and 2003-2005 time periods submitted in a
letter dated November 16, 2004. The post-1996 ROP plan is designed to
achieve an additional 9 percent reduction in emissions between 1996 and
1999, a further 9 percent reduction between 1999 and 2002, and another
9 percent reduction between 2002 and 2005. We are also approving
revisions to the 1990 base year inventory and the ROP Plan's associated
Motor Vehicle Emissions Budgets (MVEB) for 1999, 2002, and 2005.
[[Page 8963]]
Why Are These Revisions Necessary?
On March 30, 2004, EPA issued a final action in the Federal
Register reclassifying BPA from moderate one-hour ozone nonattainment
to serious (69 FR 16483). With this new classification came several
requirements including a requirement to provide a revision to the SIP
showing the CAA section 182(c)(2) rate of progress requirements would
be met for 1999, 2002, and 2005.
We released a new MOBILE6 model on January 29, 2002. (See 67 FR at
4254). Using MOBILE6 to calculate the 1999, 2002, and 2005 ROP target
levels requires a revision to the 1990 base year inventory, which is
the planning base line from which the ROP targets are calculated. Texas
updated the 1990 base year inventory for the BPA area to reflect the
use of MOBILE6. This affected the base year on-road mobile source
inventory as well as the projected emission reductions from mobile
source control programs. Texas also made a number of other changes as a
result of updated information.
What Are the Clean Air Act's Rate of Progress Requirements?
Section 182(c)(2) of the CAA requires each State to submit for each
serious and above ozone nonattainment area a SIP revision, which
describes how the area will achieve an actual volatile organic compound
(VOC) emission reduction from the baseline emissions of at least 3
percent of baseline emissions per year averaged over each consecutive
3-year period beginning 6 years after enactment (i.e., November 15,
1996) until the area's attainment date. The CAA does not allow States
to take credit for emission reductions due to Federal Motor Vehicle
Controls adopted prior to 1990 or corrections to reasonably available
control technology or vehicle inspection and maintenance programs.
Section 182(c)(2)(C) explains the conditions under which reductions of
oxides of nitrogen (NOX) may be substituted for reductions
in VOC emissions for post 1996 ROP plans.
Why Control Volatile Organic Compounds and Oxides of Nitrogen?
VOCs participate in chemical reactions with oxides of nitrogen
(NOX) and oxygen in the atmosphere in the presence of
sunlight to form ozone, a key component of urban smog. Inhaling even
low levels of ozone can trigger a variety of health problems including
chest pains, coughing, nausea, throat irritation, and congestion. It
can also worsen bronchitis, asthma and reduce lung capacity.
EPA has established National Ambient Air Quality Standards (NAAQS)
for ozone. The previously adopted standard of 0.12 ppm averaged over a
1 hour period has been phased out and replaced with a new standard of
0.08 ppm averaged over a 8 hour period. The 1-hour standard was revoked
on June 15, 2005.
Areas that do not meet a NAAQS are subject to nonattainment
requirements of the CAA. Air quality in BPA does not meet either the 1-
hour or the 8-hour NAAQS for ozone. As such, the area is subject to the
ROP requirements of section 182 of the CAA. The revised ROP plan
approved today was developed in response to a 1-hour ozone requirement.
Under the anti-backsliding provisions of the Phase I ozone
implementation rule, published on April 30, 2004 (69 FR 69 FR 23951),
these rate of progress requirements must remain in effect.
How Has Texas Demonstrated Compliance With Rate of Progress
Requirements?
Table 1 and Table 2 show the target levels and the projected
controlled VOC and NOX emissions for each of the milestone
years in the SIP.
The target levels are calculated by subtracting the needed
percentage reductions for each ROP milestone year and any non-
creditable reductions from the 1990 base year levels. Projected future-
year emissions for 2005 were developed by projecting from the State's
2002 Emission Inventory--actual emission inventory estimates reported
for 2002. Emissions for 1999 and 2002 are based on the actual reported
inventory for those years. The projections for 2005 were determined
based on growth estimates using EPA approved methodologies and
imposition of Federal and SIP-approved state enforceable controls. The
two tables demonstrate that estimated emissions in 1999 and 2002 and
projected emissions for 2005 are well below the target levels for each
of the milestone years. In other words, the Texas Commission on
Environmental Quality (TCEQ) has shown that there will be more emission
reductions than are required to meet each milestone's target level. For
a complete discussion of EPA's evaluation of TCEQ's calculation of
target levels and emission projections, see the technical support
document for this action.
Table 1.--Actual and Projected NOX Emissions
[Tons/day]
------------------------------------------------------------------------
Category/year 1990 1999 2002 2005
------------------------------------------------------------------------
Projected Emissions......... 313.13 225.21 193.65 177.1
Target Level................ NA 303.37 270.02 234.82
------------------------------------------------------------------------
The reductions in projected emissions shown in Table 1 result from
a variety of measures including post-1990 federal motor vehicle control
programs, NOX reasonably available control technology, and
controls on lean burn engines and additional NOX controls
shown to be needed to achieve attainment.
It is worth noting that the 2005 projections above do not include
all of the emission reductions expected in the BPA area including
reductions from the Texas Emission Reduction Program and some of the
industrial controls required to be implemented after 2002.
Table 2.--Actual and projected VOC inventories
[Tons/day]
------------------------------------------------------------------------
Category/year 1990 1999 2002 2005
------------------------------------------------------------------------
Total....................... 320.56 150.02 126.22 119.55
Target...................... NA 230.40 228.57 227.02
------------------------------------------------------------------------
[[Page 8964]]
As can be seen in Table 2, the VOC emission reductions were largely
realized between 1990 and 1999. These VOC reductions result from post-
1990 federal motor vehicle emission control programs and a variety of
point source measures implemented as part of the area's ROP plan for
the 1990-1996 time period which was approved February 10, 1998 (63 FR
6659). In addition, the State has quantified the reductions from the
institution of Maximum Available Control Technology (MACT) standards
under 40 CFR Part 63 such as the Hazardous Organic National Emission
Standard for Hazardous Air Pollutants.
What Are the Revisions to the 1990 Base Year Inventory?
Table 3 summarizes the changes to the approved 1990 base year
inventory. For a full discussion of EPA's evaluation, see the technical
support document for this action.
Table 3.--1990 Rate-of-Progress Base Year Emissions Inventory
[Tons/day]
------------------------------------------------------------------------
Base year inventory
-------------------------------------------------------------------------
VOC NOX
Source type -------------------------------------------
Old New Old New
------------------------------------------------------------------------
Point....................... 245.35 245.54 221.01 221.01
Area........................ 30.63 24.56 1.44 16.73
On-road Mobile.............. 19.11 36.99 41.09 54.94
Non-road Mobile............. 18.44 13.47 60.72 20.63
-------------------------------------------
Total................... 313.53 320.56 324.26 313.31
------------------------------------------------------------------------
The columns denoted as old were the 1990 base year emission
inventories approved February 10, 1998 (63 FR 6659). The changes to the
inventory result from the use of the more recent version of EPA's model
for estimating on-road mobile source emissions, MOBILE6, the more
recent emissions model for emissions from off-road mobile sources,
NONROAD, and several area-specific studies of activity levels. Appendix
7 in the submitted Plan includes various studies of off-road emissions
categories. In particular, TCEQ has included area-specific studies of
aircraft, locomotive, ship and construction emissions.
What Are the Motor Vehicle Emissions Budgets Established in the Plan?
Table 4 documents the motor vehicle emissions budgets that have
been established by this post-1996 ROP Plan revision. A motor vehicle
emission budget is that portion of the total allowable emissions
defined in the SIP revision allocated to on-road mobile sources for a
certain date for meeting the purpose of the SIP, in this case
reasonable further progress towards attainment of the NAAQS. EPA's
conformity rule (40 CFR part 51, subpart T and part 93, subpart A)
requires that transportation plans, programs and projects in
nonattainment or maintenance areas conform to the SIP. The motor
vehicle emissions budget is one mechanism EPA has identified for
demonstrating conformity. Upon the effective date of this SIP approval,
all future transportation improvement programs and long range
transportation plans for the Beaumont/Port Arthur area will have to
show conformity to the budgets in this plan; previous budgets approved
or found adequate will no longer be applicable.
Table 4.--SIP ROP Motor Vehicle Emissions Budgets
[Tons per day]
------------------------------------------------------------------------
Year NOX VOC
------------------------------------------------------------------------
1999.................................................. 57.17 20.52
2002.................................................. 49.56 17.21
2005.................................................. 33.97 12.59
------------------------------------------------------------------------
Final Action
The EPA is approving the aforementioned changes to the Texas SIP
because the revisions are consistent with the CAA and EPA regulatory
requirements. The EPA is publishing this rule without prior proposal
because the EPA views this as a non-controversial submittal and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision
should adverse comments be filed. This rule will be effective April 24,
2006 without further notice, unless EPA receives relevant adverse
comment by March 24, 2006.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on April 24, 2006, and no
further action will be taken on the proposed rule.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes,
[[Page 8965]]
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 CAA. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 CAA. 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. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 24, 2006. 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 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: February 6, 2006.
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 two new entries to the end of the table for
``Post 1996 Rate of Progress Plan'' and for ``Revisions to the 1990
Base Year Inventory'', both for the Beaumont/Port Arthur, TX area. The
additions read as follows: Sec. 52.2270 Identification of plan
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Comments
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Post 1996 Rate of Progress Plan.. Beaumont/Port 11/16/04 February 22, 2006..
Arthur, TX.
Revisions to the 1990 Base Year Beaumont/Port 11/16/04 February 22, 2006..
Inventory. Arthur, TX.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 06-1565 Filed 2-21-06; 8:45 am]
BILLING CODE 6560-50-P