[Federal Register Volume 67, Number 23 (Monday, February 4, 2002)]
[Proposed Rules]
[Pages 5078-5080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2613]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-139-1-7535; FRL-7137-4]


Proposed Approval and Promulgation of Implementation Plans; 
Texas; Agreed Orders with Airlines and Memoranda of Agreement with 
Airport Owners and Operators Regarding Control of Pollution from 
Airport Ground Support Equipment for the Dallas/Fort Worth Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to approve Agreed Orders and Memoranda of 
Agreement (MOA) requiring airlines and owners and operators at major 
airports in the Dallas/Fort Worth (DFW) area to reduce oxides of 
nitrogen (NOX) emissions from airport Ground support

[[Page 5079]]

Equipment (GSE) under their control. In addition, the EPA proposes to 
approve revisions to the GSE emissions inventory. These Orders and MOAs 
will contribute to attainment of the ozone standard in the DFW area. 
The EPA is proposing approval of these revisions to the Texas SIP to 
regulate emissions of NOX in accordance with the 
requirements of the Federal Clean Air Act.

DATES: Written comments must be received on or before March 6, 2002.

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Air Planning Section (6PD-L), at the EPA Region 6 Office listed 
below. Copies of documents relevant to this action are available for 
public inspection during normal business hours at the following 
locations. Anyone wanting to examine these documents should make an 
appointment with the appropriate office at least two working days in 
advance.
    Environmental Protection Agency, Region 6, Air Planning Section 
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733. Texas Natural 
Resource Conservation Commission, Office of Air Quality, 12124 Park 35 
Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Air Planning 
Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, telephone (214) 665-7237. e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refers to EPA.

What Is the Background for This Action?

    On April 19, 2000, the Texas Natural Resource Conservation 
Commission (TNRCC) adopted a rule that required reductions of 
NOX emissions attributable to GSE from the airports which 
have the most air carrier operations in the DFW area. The reductions 
required were up to 90% of the 1996 base inventory. The rule was 
submitted to us as a SIP revision on April 28, 2000.
    On March 26, 2001, we proposed approval of a number of rules 
affecting the DFW area, which included the GSE rule and the reductions 
expected from the rule, 9.54 tpd. (66 FR 16432).
    On May 23, 2001, the TNRCC repealed the GSE rule; therefore, we can 
not take final action on the rule. Subsequently, the TNRCC adopted 
Agreed Orders and MOAs with American Airlines, American Eagle Airlines, 
Delta Airlines, Southwest Airlines, the City of Dallas, the Dallas/Fort 
Worth International Airport Board, and the City of Fort Worth as 
substitutes for the repealed rule.
    On July 2, 2001, the TNRCC submitted its repeal of the GSE rule and 
substitution of the Agreed Orders and MOAs to us as a SIP revision.
    On October 15, 2001, the TNRCC submitted a SIP revision which 
showed the reductions expected from the Agreed Orders and MOAs to be 
6.12 tpd in 2007 based on a revised emissions inventory of GSE. The 
TNRCC also submitted the revised inventory for approval.

What Is the Effect of the Orders and MOAs?

    The rule required NOX reductions up to 90% of the 1996 
emissions from GSE. The rule applied to the airlines operating at the 
Dallas/Forth Worth International Airport in Dallas and Tarrant 
Counties, Love Field in Dallas County, and Alliance and Meacham 
Airports in Tarrant County.
    The Orders and MOAs were executed with the airlines and owners/
operators at these airports as a substitute for the rule. The orders 
and MOAs mirror the rule in that they require up to 90% reductions of 
NOX from GSE from airports in the DFW area. The sum of 
reductions in the orders and MOAs from the airlines and the airport 
owners/operators is up to 90% of the 2007 base inventory.
    The revised 2007 NOX emissions inventory is 6.8 tpd 
compared to the original inventory of 10.6 tpd; therefore, the 
reductions expected are 6.12 tpd. The inventory revision is the result 
of a more refined inventory of the GSE population at the airports in 
the DFW area. A study was conducted to survey actual equipment at the 
major airports in the DFW area which refined the original estimate.
    Please refer to the March 26, 2001, proposed Federal Register 
document for details of the emission reduction requirements from the 
rule and the TSD for this action for details of the emission reduction 
requirements from the Agreed Orders and MOAs and the revised inventory.

Proposed Action

    We are proposing approval of the Agreed Orders and MOAs with 
airlines and airport owners and operators in the DFW ozone 
nonattainment area and the revised emission inventory and associated 
emission reduction requirements as a replacement for the rule we 
proposed to approve at 66 FR 16432 (March 26, 2001). The Orders and 
MOAs provide reductions that are equivalent to those that would have 
occurred under the rule, and are a federally enforceable mechanism to 
achieve NOX reductions necessary for the DFW attainment 
demonstration plan.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

[[Page 5080]]

    In reviewing SIP submissions, 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 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 22, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 02-2613 Filed 2-1-02; 8:45 am]
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