[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Rules and Regulations]
[Pages 19515-19517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9492]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-139-1-7554; FRL-7172-9]


Approval and Promulgation of Air Quality State Implementation 
Plans; Texas: Agreed Orders Issued to Airlines, Memoranda of Agreement 
With Owners and Operators of Major Airports, and a Revised Emissions 
Inventory Regarding Control of Pollution From Ground Support Equipment 
for the Dallas/Fort Worth Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision which includes Agreed Orders with major airlines and Memoranda 
of Agreement (MOA) requiring owners and operators at major airports in 
the DFW area to implement reductions in oxides of nitrogen 
(NOX) emissions from Ground Support Equipment (GSE). The EPA 
is also approving a revised GSE emissions inventory for the DFW ozone 
nonattainment areas.
    These Agreed Orders and MOAs will contribute to attainment of the 
ozone standard in the DFW ozone nonattainment area. The EPA is 
approving these revisions to the Texas SIP to regulate emissions of 
NOX in accordance with the requirements of the Federal Clean 
Air Act (ACT).

DATES: This final rule is effective on May 22, 2002.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. Persons interested in examining these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day. Environmental Protection Agency, Region 
6, Air Planning Section (6PD-L), 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733. Texas Natural Resource Conservation Commission, 12100 
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.

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

What Is the Background for This Action?

    The Texas Natural Resource Conservation Commission (TNRCC) 
submitted the Agreed Orders and MOAs with airlines and airport owners 
and operators along with the repeal of the GSE rule on July 2, 2001.
    The TNRCC submitted a SIP revision with a revised GSE emissions 
inventory based on a more detailed survey of local GSE equipment on 
October 15, 2001.
    For further discussion of these submittals, see the proposed 
approval, 67 FR 5078, February 4, 2002, and the related Technical 
Support Document.
    A proposed approval of the Agreed Orders and MOAs issued to airport 
owners and airlines regarding pollution controls on GSE and the revised 
GSE emissions inventory for the DFW area were published at 67 FR 5078, 
February 4, 2002. We also indicated that we could not take final action 
on the State's GSE rule, previously submitted, since the State had 
withdrawn the rule.

What Is Included in the State's Agreed Orders, MOAs and Revised 
Emissions Inventory?

    The State signed Agreed Orders with American Airlines/American 
Eagle Airlines, Delta Airlines, and Southwest Airlines; and MOAs with 
the City of Dallas, the City of Fort Worth, and the Dallas/Fort Worth 
International Airport Board. The Agreed Orders and MOAs make specific 
local NOX emission reductions from sources under the control 
of the airlines and owners and operators enforceable.
    The revised emissions inventory, upon which the reductions are 
based, was compiled from a comprehensive survey of GSE equipment at the 
airports.

What Comments Did EPA Receive in Response to the Proposed Approval 
of Agreed Orders, MOAs, and a Revised Emissions Inventory for DFW 
Ground Support Equipment?

    We received no adverse comments in response to the proposed action. 
We

[[Page 19516]]

received comments from the Air Transport Association in support of our 
action as long as we did not act on the repealed GSE rule. We 
appreciate the support. The state has withdrawn the rule so we are 
taking no further action on the rule.

EPA's Rulemaking Action

    We are granting final approval of Texas' Agreed Orders and MOAs 
requiring owners and operators at major airports in the DFW area to 
implement reductions in NOX emissions for sources under 
their control and we are granting final approval of the revised GSE 
emissions inventory. We are also reiterating our determination that we 
cannot take action on the State's withdrawn GSE rule.

Administrative Requirements

    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 (Public Law 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, 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 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 the rule in this 
action 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). In addition, section 804 exempts from section 801 the 
following types of rules: (1) Rules of particular applicability; (2) 
rules relating to agency management or personnel; and (3) rules of 
agency organization, procedure, or practice that do not substantially 
affect the rights or obligations of non-agency parties. 5 U.S.C. 
804(3). EPA is not required to submit a rule report regarding the 
Orders contained in this action under section 801 because this is a 
rule of particular applicability.
    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 June 21, 2002. 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 dioxide, Ozone, Reporting and recordkeeping 
requirements.

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

    Dated: April 4, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

    2. Section 52.2270 is amended:
    a. In the table in paragraph (d) entitled ``EPA Approved Texas 
Source-Specific Requirements'' by adding to the end of the table Agreed 
Order No. 2000-1149-SIP for American Airlines, Inc./American Eagle 
Airlines, Inc., Agreed Order No. 2001-0221-AIR for Delta Airlines, and 
Agreed Order 2001-0222-AIR for Southwest Airlines;
    b. In the table in paragraph (e) entitled ``EPA Approved 
Nonregulatory Requirements'' by adding to the end of the table the City 
of Dallas Memorandum of Agreement, the City of Fort Worth Memorandum of 
Agreement, and the Dallas/Fort Worth International Airport Board 
Memorandum of Agreement.
    The additions read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (d) * * *

[[Page 19517]]



                                 EPA Approved Texas Source-Specific Requirements
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                                                            State
          Name of source            Permit or Order No.   effective     EPA approval date         Comments
                                                             date
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 *                  *                  *                  *                  *                  *
                                                         *
American Airlines, American Eagle  Agreed Order No.        5/23/2001  [Insert publication   DFW, Texas 1-hour
 Airlines at D/FW International     2000-1149-SIP.                     date and Federal      ozone standard
 airport, Texas.                                                       Register cite].       attainment
                                                                                             demonstrations.
Delta Airlines at D/FW             Agreed Order No.        5/23/2001  [Insert publication   DFW, Texas 1-hour
 International Airport, Texas.      2001-0221-AIR.                     date and Federal      ozone standard
                                                                       Register cite].       attainment
                                                                                             demonstrations.
Southwest Airlines at Love Field,  Agreed Order No.        5/23/2001  [Insert publication   DFW, Texas 1-hour
 Texas.                             2001-0222-AIR.                     date and Federal      ozone standard
                                                                       Register cite].       attainment
                                                                                             demonstrations.
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    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                                            State
                                        Applicable        submittal
      Name of SIP provision            geographic or      effective     EPA approval date         Comments
                                    nonattainment area       date
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 *                  *                  *                  *                  *                  *
                                                         *
Memorandum of Agreement between    Dallas/Fort Worth       5/23/2001  [Insert publication   DFW, Texas 1-hour
 TNRCC and the City of Dallas,      Ozone Nonattainment                date and Federal      ozone standard
 Texas.                             Area.                              Register cite].       attainment
                                                                                             demonstrations.
Memorandum of Agreement between    Dallas/Fort Worth       5/23/2001  [Insert publication   DFW, Texas 1-hour
 TNRCC and the City of Fort         Ozone Nonattainment                date and Federal      ozone standard
 Worth, Texas.                      Area.                              Register cite].       attainment
                                                                                             demonstrations.
Memorandum of Agreement between    Dallas/Fort Worth       5/23/2001  [Insert publication   DFW, Texas 1-hour
 TNRCC and the D/FW International   Ozone Nonattainment                date and Federal      ozone standard
 Airport Board, Texas.              Area.                              Register cite].       attainment
                                                                                             demonstrations.
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[FR Doc. 02-9492 Filed 4-19-02; 8:45 am]
BILLING CODE 6560-50-P