[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Rules and Regulations]
[Pages 7407-7411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2791]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0004; FRL-7872-7]


Approval and Promulgation of State Implementation Plans; Texas; 
Revision to the Rate of Progress Plan for the Houston/Galveston (HGA) 
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-1999 Rate of Progress (ROP) Plan, the 
1990 Base Year Inventory, and the Motor Vehicle Emissions Budgets 
(MVEB) established by the ROP Plan, for the Houston Galveston (HGA) 
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 severe and demonstrate 
further progress in reducing ozone precursors. We are approving these 
revisions in accordance with the requirements of the Federal Clean Air 
Act (the Act).

DATES: This rule is effective on April 15, 2005, without further 
notice, unless EPA receives relevant adverse comment by March 16, 2005. 
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 Regional Material in 
EDocket (RME) ID No. R06-OAR-2005-TX-0004, by one of the following 
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web Site: http://docket.epa.gov/rmepub/ Regional Material in 
EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    U.S. EPA Region 6 ``Contact Us'' Web Site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select ``Air'' 
before submitting comments.
    E-mail: Mr. Thomas Diggs at [email protected]. Please also cc 
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 Regional Material in EDocket 
(RME) ID No. R6-OAR-2005-TX-0004 The EPA's policy is that all comments 
received will be included in the public file without change and may be 
made available online at http://docket.epa.gov/rmepub/, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information the disclosure of which is restricted by statute. Do not 
submit information through Regional Material in EDocket (RME), 
regulations.gov, or e-mail if you believe that it is CBI or otherwise 
protected from disclosure. The EPA RME Web site and the Federal 
regulations.gov are ``anonymous access'' systems, 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 RME or regulations.gov, your e-mail address will 
be automatically captured and included as part of the comment that is 
placed in the public file 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 electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure 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 the official file which is 
available 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 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 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Guy Donaldson, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-7242, [email protected].

SUPPLEMENTARY INFORMATION:

What Action Are We Taking?

    We are approving revisions to the HGA area post-1999 ROP Plan for 
the 2000-2002, 2003-2005 and 2006-2007 time periods submitted in a 
letter dated November 16, 2004. The post-1999 ROP

[[Page 7408]]

plan is designed to achieve an additional 9 percent reduction in 
emissions between 1999 and 2002, a further 9 percent reduction between 
2002 and 2005, and another further 9 percent reduction between 2005 and 
2007. We are also approving revisions to the 1990 base year inventory 
and the ROP Plan's associated Motor Vehicle Emissions Budgets (MVEB) 
for 2002, 2005 and 2007. This plan replaces previous versions of the 
post-1999 rate of progress plan, the 1990 base year inventory, and 
mobile vehicle emissions budgets contained in the post-1999 ROP plan, 
that were approved November 14, 2001 (66 FR 57160).

Why Are These Revisions Necessary?

    On November 16, 2004, the State of Texas submitted the proposed 
revisions reflecting the use of EPA's new MOBILE6 model. We released 
this new model on January 29, 2002. (See 67 FR at 4254). Using MOBILE6 
to calculate the 2002, 2005 and 2007 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 HGA area to reflect the use of MOBILE6. 
This affected the base year on-road mobile source inventory as well as 
the projected emissions reductions in 2005 and 2007 from mobile source 
control programs. Texas also made a number of other changes as a result 
of updated information.
    These revisions result from Texas incorporating the following 
updated information into the plan:
     New on-road mobile emissions estimates based on the latest 
emissions model, MOBILE6, and the effects of the latest census 
information and most recent planning assumptions.
     New off-road mobile emission estimates using the new 
NONROAD emissions model and several area specific activity level 
studies.
     New future emission estimates because three rural 
counties, Waller, Liberty and Chambers, have been dropped from the I/M 
program.
     The future NOX estimates include relaxation of 
the industrial NOX rules from a nominal 90% control to a 
nominal 80% control.
     New future emissions estimates that do not include 
emission reduction projections from the Texas Low Emission Diesel 
program. Note, Low Emission Diesel is still required by the TCEQ rules. 
It is just not credited to the Rate of Progress plan.

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 Clean Air Act 
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 and post 1999 
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 for 
Ozone. The previously adoptedStandard of 0.12 ppm averaged over an 1 
hour period is being phased out and replaced with a newStandard of 0.08 
ppm averaged over an 8 hour period. The 1-hour standard will be revoked 
on June 15, 2005.
    Areas that do not meet a National Ambient Air Quality Standard are 
subject to nonattainment requirements of the Clean Air Act. Air quality 
in HGA 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 Clean Air Act. The revised ROP plan approved today was developed in 
response to a 1-hour ozone requirement. Under the antibacksliding 
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. In the future, TCEQ will have to submit a new Rate of 
Progress Plan to meet the 8 hour requirements.

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. EPA has articulated its policy regarding the use of 
MOBILE6 in SIP development in its ``Policy Guidance on the Use of 
MOBILE6 for SIP Development and Transportation Conformity.'' \1\
---------------------------------------------------------------------------

    \1\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP 
Development and Transportation Conformity,'' issued January 18, 
2002. A copy of this memorandum can be found on EPA's Web site at 
http://www.epa.gov/otaq/transp/traqconf.htm.
---------------------------------------------------------------------------

    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 and 2007 were developed by projecting from the 
State's 2002 Emission Inventory--actual emission inventory estimates 
reported for 2002. The projections for 2005 and 2007 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 2002 and projected 
emissions in 2005 and 2007 are well below the target levels for each of 
the milestone years. In other words, the 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         2002         2005         2007
----------------------------------------------------------------------------------------------------------------
Projected Emissions.........................................       1345.8       843.57       699.65       550.25

[[Page 7409]]

 
Target Level................................................           NA      1088.24       945.57       866.54
----------------------------------------------------------------------------------------------------------------

    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. The revised ROP Plan does not rely upon 
any new controls that were not part of the previously approved ROP 
plan; rather, the changes in the numbers are mainly due to the MOBILE6 
revised emissions projections for the on road motor vehicle emissions 
and the adjustments to State's rules for I/M and industrial 
NOX emissions. As in the previous plan, the largest 
contributor to NOX emission reductions continues to be the 
controls on industrial NOX emissions. This continues to be 
the case even with the relaxation of the rules from 90 to 80% nominal 
control.
    It is worth noting that the 2005 and 2007 projections above do not 
include all of the emission reductions expectedin the Houston/Galveston 
area including reductions from the Texas Emission Reduction Program.

                                 Table 2.--Actual and Projected VOC Inventories
                                                   [tons/day]
----------------------------------------------------------------------------------------------------------------
                        Category\year                             1990         2002         2005         2007
----------------------------------------------------------------------------------------------------------------
Total.......................................................      1111.21       557.55       523.66       507.13
Target......................................................           NA        726.7        715.7        714.8
----------------------------------------------------------------------------------------------------------------

    As can be seen in Table 2, the VOC emission reductions were largely 
realized between 1990 and 2002. These VOC reductions result from post-
1990 Federal motor vehicle emission control programs, the Texas I/M 
program and a variety of point source measures implemented as part of 
the area's ROP plans for the 1990-1996 and 1997-1999 time periods. 
These plans were previously approved November 14, 2001 (66 FR 57160) 
and April 25, 2001 (66 FR 20746). The revised numbers are due primarily 
to the use of MOBILE6 and improvements to the area and non-road 
inventories.

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
                                      [Base Year Inventory (tons per day)]
----------------------------------------------------------------------------------------------------------------
                                                                      VOC                         NOX
                       Source type                       -------------------------------------------------------
                                                               Old           New           Old           New
----------------------------------------------------------------------------------------------------------------
Point...................................................      483.28        483.28        794.85        794.85
Area....................................................      200.07        208.17         14.37         57.57
On-road Mobile..........................................      251.52        321.70        337.03        391.10
Non-road Mobile.........................................      129.98         97.96        198.08        112.28
                                                         ---------------
    Total...............................................     1064.85       1111.21       1344.4        1355.8
----------------------------------------------------------------------------------------------------------------

    The columns denoted as old were the 1990 base year emission 
inventories approved November 14, 2001 (66 FR 57160). 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 missions from off-road mobile source, 
NONROAD, and several area-specific studies of activity levels.

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-1999 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 the purpose of 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) 
require 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 Houston/Galveston 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
------------------------------------------------------------------------
2002................................................     326.6     132.0
2005................................................     257.3     104.2
2007................................................     210.0      90.0
------------------------------------------------------------------------


[[Page 7410]]

Final Action

    The EPA is approving the aforementioned changes to the Texas SIP 
because the revisions are consistent with the Act 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 15, 
2005 without further notice, unless EPA receives relevant adverse 
comment by March 16, 2005.
    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 15, 2005, 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, 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 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 April 15, 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: February 2, 2005.
Richard 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 as follows:
0
a. By removing the entry for ``Post 1999 Rate of Progress Plans and 
associated contingency measures'' for the Houston/Galveston, TX, area 
approved by EPA 11/14/01 at 66 FR 57195;
0
b. By adding two new entries to the end of the table for ``Post 1999 
Rate of Progress Plans'' and for ``Revisions to the 1990 Base Year 
Inventory,'' both for the Houston/Galveston, TX area.
    The additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

[[Page 7411]]



              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable             State
     Name of SIP provision          geographic or    submittal\effective   EPA approval date       Comments
                                 nonattainment area          date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Post 1999 Rate of Progress Plan  Houston/Galveston,           11/16/04    February 14, 2005.
                                  TX.
                                                                          [Insert FR page
                                                                           number where
                                                                           document begins].
Revisions to the 1990 Base Year  Houston/Galveston,           11/16/04    February 14, 2005.
 Inventory.                       TX.
                                                                          [Insert FR page
                                                                           number where
                                                                           document begins].
----------------------------------------------------------------------------------------------------------------


[FR Doc. 05-2791 Filed 2-11-05; 8:45 am]
BILLING CODE 6560-50-P