[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19343]


[[Page Unknown]]

[Federal Register: August 12, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-44-1-6510a, FRL-5027-8]

 

Transportation Conformity; Approval of Petition for Exemption 
From Nitrogen Oxides Provisions, Victoria County, TX

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a petition from the State of Texas 
requesting that Victoria County, an incomplete data ozone nonattainment 
area, be exempted from the requirement to perform the oxides of 
nitrogen (NOx) portion of the build/no-build test required by the 
new Federal transportation conformity rule. This petition for exemption 
was submitted on May 4, 1994.

DATES: This action will become effective on October 11, 1994, unless 
notice is received by September 12, 1994 that someone wishes to submit 
adverse or critical comments. If the effective date is delayed, timely 
notice will be published in the Federal Register (FR).

ADDRESSEES: Comments should be mailed to Thomas H. Diggs, Chief, Air 
Planning Section (6T-AP), U.S. EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733. Copies of the State's petition and other information 
relevant to this action are available for inspection during normal 
hours at the above location and at the following locations:

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M. Street, S.W., Washington, D.C. 20460.
Texas Natural Resource Conservation Commission, Office of Air Quality, 
12124 Park 35 Circle, P.O. Box 13087, Austin, Texas 78711-3087.

    Anyone wishing to review this petition at the U.S. EPA office is 
asked to contact the person below to schedule an appointment 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Planning Section (6T-
AP), Air Programs Branch, U.S. Environmental Protection Agency, Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 655-
7219.

SUPPLEMENTARY INFORMATION:

Background

    The transportation conformity final rule, entitled ``Criteria and 
Procedures for Determining Conformity to State or Federal 
Implementation Plans of Transportation Plans, Programs, and Projects 
Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act,'' 
was published in the Federal Register on November 24, 1993 (58 FR 
62188). This action was required under Section 176(c)(4) of the Clean 
Air Act (CAA) as amended in 1990.
    The transportation conformity rule requires each ozone 
nonattainment area and maintenance area to perform a regional analysis 
of motor vehicle volatile organic compound and NOX emissions from 
any planned transportation project. This analysis must demonstrate that 
the emissions which would result from the proposed transportation 
system if the transportation plan were implemented are within the total 
allowable level of emissions described in the motor vehicle emissions 
budget.
    Until an attainment demonstration or maintenance plan is approved 
by the EPA, this emissions analysis must pass the build/no-build test. 
This analysis must demonstrate that the emissions from the planned 
transportation project, if implemented, would be less than the 
emissions without the planned transportation project. Thus, the build/
no-build test is intended to ensure that the transportation plan 
contributes to annual emissions reductions consistent with the CAA 
until such time as the attainment demonstration or maintenance plan is 
approved.

Transportation Conformity and 182(f) Exemptions

    On June 17, 1994 (59 FR 31238) the EPA published a national 
interpretation of transportation conformity and 182(f) exemptions 
entitled ``Transportation Conformity; General Preamble for Exemption 
From Nitrogen Oxides Provisions'' (General Preamble). This General 
Preamble clarifies and interprets how ozone nonattainment areas 
classified as less than marginal, which have air quality monitoring 
data demonstrating attainment of the National Ambient Air Quality 
Standards (NAAQS) for ozone, may be exempted from certain NOX 
requirements.
    As discussed in the General Preamble, both the transportation 
conformity rule and CAA Section 182(f)(1)(A) state that NOX 
requirements shall not apply in nonattainment areas if the 
Administrator determines that additional reductions of NOX would 
not contribute to attainment of the NAAQS for ozone in the area. The 
EPA also issued two guidance documents on 182(f) exemptions. These two 
documents, ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standard (NAAQS) on 
or after November 15, 1992'' dated September 17, 1993, and ``Guideline 
for Determining the Applicability of Nitrogen Oxide Requirements under 
Section 182(f)'' dated December, 1993, state that if an area has 
attained the ozone standard, additional NOX reductions would not 
contribute to attainment.
    As explained in the General Preamble, the EPA believes that a 
demonstration of attainment made through adequate air quality 
monitoring data, consistent with 40 CFR part 58 and recorded in EPA's 
Aerometric Information Retrieval System (AIRS), can qualify an area as 
a ``clean data area''. Further, the EPA believes these ``clean data 
areas'' can request an exemption from the NOX provisions of 
transportation conformity. The 182(f) exemption will be conditioned 
upon the area's monitoring data continuing to demonstrate attainment 
after an exemption is granted. If the EPA determines that an exempted 
area has violated the ozone standard, the 182(f) exemption will be 
rescinded. Any decision to rescind the NOX exemption would be 
based on an evaluation of the air quality data recorded in AIRS. Past 
conformity determinations and transportation plans would not be 
affected, but new conformity determinations would be subject to the 
NOX provisions of the conformity rule.

Analysis of State Submittal

    Victoria County, Texas, retained its ozone nonattainment 
designation and was classified as an incomplete data area for ozone on 
November 6, 1991 (56 FR 56694). The Texas Natural Resource Conservation 
Commission has operated an ozone monitor in Victoria County 
continuously since May of 1991. No violations of the .12 parts per 
million ozone standard have been recorded since that time.
    On May 4, 1994, the State of Texas submitted a petition to the EPA 
requesting that the Victoria County incomplete data ozone nonattainment 
area be exempted from the requirement to perform the NOX portion 
of the build/no-build test required by the new transportation 
conformity rule. This exemption request is pursuant to the recently 
published General Preamble for transportation conformity NOX 
exemptions.
    The exemption request was based on monitoring data which 
demonstrated that the NAAQS for ozone was attained in this area for the 
35 months prior to the petition, with the understanding that approval 
of the State's request would be contingent upon the collection and 
verification of one additional month of data. The required additional 
month of verified data was submitted later and, together with the data 
submitted with the State's petition, demonstrated attainment of the 
NAAQS for 36 consecutive months. Texas submitted its exemption request 
prior to the publication of the national interpretation in order to 
expedite Victoria County's 1994 highway project funding schedule.

Final Action

    The EPA has evaluated the State's exemption request for consistency 
with the CAA, EPA regulations, and EPA policy. The EPA believes that 
the exemption request and monitoring data qualifies Victoria County, 
Texas, as a ``clean data area''. In addition, the EPA has determined 
that the exemption request meets the requirements and policy set forth 
in the General Preamble for NOX exemptions from the build/no-build 
test for transportation conformity, and today is approving Texas' 
request for exemption from the NOX build/no-build test of 
transportation conformity for Victoria County. The 182(f) exemption 
will be conditioned upon the area's monitoring data continuing to 
demonstrate attainment after the exemption has been granted. If the EPA 
later determines that Victoria County has violated the ozone standard, 
the 182(f) exemption will be rescinded. Past conformity determinations 
and transportation plans would not be affected, but new conformity 
determinations would then be subject to the NOX provisions of the 
conformity rule.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this FR 
publication, the EPA is proposing to approve this exemption petition 
should adverse comments be received. This action will become effective 
on October 11, 1994, unless notice is received by September 12, 1994 
that someone wishes to submit adverse or critical comments.
    If such notice is received, this action will be withdrawn before 
the effective date by publishing two subsequent documents. One document 
will withdraw the final action, and another final action will be 
published addressing any adverse comments. If no such adverse comments 
are received, the public is advised that this action will be effective 
on October 11, 1994.
    The EPA has reviewed this request for exemption from the NOX 
provisions of the Federal transportation conformity rule for 
conformance with the provisions of the 1990 Clean Air Act Amendments 
enacted on November 15, 1990. The EPA has determined that this action 
conforms with those requirements.

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, under 5 U.S.C. 605(b), the EPA may certify that the rule 
will not have a significant impact on a substantial number of small 
entities (see 46 FR 8709). Small entities include small businesses, 
small not-for-profit enterprises, and governmental entities with 
jurisdiction over populations of less than 50,000.
    Because an exemption from the Federal transportation conformity 
rule does not impose any new requirements, I certify that it does not 
have a significant impact on any small entities affected. Moreover, due 
to the nature of the Federal-State relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action.
    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 October 11, 1994. Filing a petition for 
reconsideration of this final rule by the Administrator does not affect 
the finality of this rule for purposes of judicial review; nor does it 
extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. [See section 307(b)(2).]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental regulations, Reporting 
and recordkeeping, Ozone, and Volatile organic compounds.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: July 12, 1994.
Joe D. Winkle,
Acting Regional Administrator.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart SS--Texas

    2. Section 52.2308 is added to read as follows:


Sec. 52.2308   Area-wide nitrogen oxides exemptions.

    The Texas Natural Resources Conservation Commission submitted to 
the EPA on May 4, 1994, a petition requesting that the Victoria County 
incomplete data ozone nonattainment area be exempted from the 
requirement to meet the NOX provisions of the Federal 
transportation conformity rule (40 CFR part 51, subpart T, and part 93, 
subpart A). The exemption request was based on monitoring data which 
demonstrated that the National Ambient Air Quality Standard for ozone 
had been attained in this area for the 35 months prior to the petition, 
with the understanding that approval of the State's request would be 
contingent upon the collection of one additional month of data. The 
required additional month of verified data was submitted later and, 
together with the data submitted with the State's petition, 
demonstrated attainment of the NAAQS for 36 consecutive months. The EPA 
approved this exemption request on October 11, 1994.

[FR Doc. 94-19343 Filed 8-11-94; 8:45 am]
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