[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Proposed Rules]
[Pages 9017-9019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3526]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0020; FRL-7877-2]


Proposed Approval and Promulgation of Implementation Plans; 
Texas; Low-Emission Diesel Fuel Compliance Date

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to approve revisions to the Texas State 
Implementation Plan (SIP). We are proposing approval, through parallel 
processing, of a revision to the SIP that would change the compliance 
date for Texas Low-Emission Diesel (TXLED) fuel from April 1, 2005, to 
October 1, 2005. In addition, we are requesting comments on a 
refinement to the State's proposed revision. The refinement 
contemplated by the State is a phased schedule which would extend the 
compliance date from April 1, 2005 to October 1, 2005 for producers and 
importers, from April 1, 2005 to November 15, 2005 for bulk plant 
distribution facilities, and from April 1, 2005 to January 1, 2006 for 
retail fuel dispensing outlets, wholesale bulk purshaser/consumer 
facilities, and all other affected persons. The change is being made to 
address fuel supply uncertainty in the April 2005 time frame.

DATES: Written comments must be received on or before March 28, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R06-OAR-2005-TX-0020, 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. R06-OAR-2005-TX-0020. 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), http://www.regulations.gov, or e-mail if you believe that it is CBI or 
otherwise protected from disclosure. The EPA RME website and the 
Federal http://www.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 http://www.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

[[Page 9018]]

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: Sandra Rennie, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-7367, e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refers to EPA. This document concerns control of Air Pollution 
of NOX and VOCs from mobile sources in 110 counties of east 
Texas where the rule applies.

What Action Are We Taking Today?

    We approved the original TXLED rule on November 14, 2001 (66 FR 
57196), as part of the Houston-Galveston Attainment Demonstration SIP. 
On December 15, 2004, the Texas Commission on Environmental Quality 
(TCEQ) Commissioners proposed to revise the TXLED rule. Among other 
revisions, the commission proposed to extend the compliance date from 
April 1, 2005 to October 1, 2005. The commission proposed this 
extension because of concern about product availability by the current 
compliance date.
    On February 16, 2005 the Executive Director of the TCEQ submitted a 
letter to EPA requesting parallel processing of the compliance date 
portion of the SIP revision for TXLED and requested that EPA consider a 
refinement to the proposal in parallel processing this proposal. Based 
on this request, EPA is proposing to approve the change to the 
compliance date for TXLED fuel from April 1, 2005, to October 1, 2005, 
and also is proposing approval and accepting comment on the requested 
refinement to the State's proposal. This refinement would change the 
compliance date from April 1, 2005 for all the regulated public to a 
phased schedule beginning on October 1, 2005 and ending on January 1, 
2006. The schedule would establish October 1, 2005 as the compliance 
date for producers and importers, November 15, 2005 as the compliance 
date for bulk plant distribution facilities, and January 1, 2006 as the 
compliance date for retail fuel dispensing outlets, wholesale bulk 
purchasers/consumer facilities, and other affected persons. The change 
is necessary to address concerns by refiners, distributors, and 
retailers about the availability of compliant fuel on the date it is 
required in the federally approved Texas SIP.
    We are proposing approval of this revision to the Texas SIP 
utilizing parallel processing. Parallel processing means that EPA 
proposes action on a portion of the state revision before the state 
regulation becomes final under state law. Under parallel processing, 
EPA takes final action on its proposal if the final, adopted state 
submission is substantially unchanged from the submission on which the 
proposed rulemaking was based. If there are significant changes in the 
final submission, if those significant changes are anticipated and 
adequately described in EPA's proposed rulemaking or result from 
corrections determined by the State to be necessary through review of 
issues described in EPA's proposed rulemaking, EPA may still take final 
action to approve the submittal.
    EPA is proposing approval of the extension of the compliance dates 
for TXLED. We are seeking comment on this approach. A separate notice 
will be published in the Federal Register at a later date to address 
the other components of the TXLED proposed SIP revision.

What Did the State Submit?

    The compliance date was proposed to be changed from April 1, 2005 
to October 1, 2005 when the TXLED SIP revision was proposed for public 
comment on December 15, 2004. Comments received by the State have 
prompted them to consider a refinement of the proposal for phasing-in 
the compliance date for different parts of the regulated public. In a 
letter dated February 16, 2005, the Executive Director of the TCEQ 
requested parallel processing of compliance dates for TXLED. The 
October 1, 2005 compliance date still stands, but applies only to 
producers and importers of TXLED fuel. A November 15, 2005 compliance 
date applies to bulk plant distribution facilities. A January 1, 2006 
compliance date applies to retail fuel dispensing outlets, wholesale 
bulk purchaser/consumer facilities, and all other affected persons.

Why Are We Proposing Approval of the Phased Compliance Dates?

    The purpose of this revision is to change the compliance date of 
Texas LED from April 1, 2005, to a phased schedule beginning October 1, 
2005. We can approve this delay because this change addresses problems 
with the supply of compliant fuels while allowing regulated entities to 
remain in compliance with the rule without a substantial adverse impact 
on air quality. A phased-in approach such as we are proposing here will 
help ensure full compliance with the rule and an adequate fuel supply.
    In the April 2005 timeframe, the adequacy of the fuel supply is 
uncertain. In the intervening six months new technology is expected to 
be available which will further ensure compliance with the rule. Beyond 
compliance by regulated entities, lack of compliant diesel could lead 
to a supply shortage in Texas. This could have a deleterious impact on 
the transportation of goods throughout the State, with a resultant 
serious and significant adverse economic impact on consumers.
    Because this SIP revision is a delay in implementation only, EPA 
concludes that the same amount of emission reductions would be achieved 
by the attainment date for nonattainment areas and therefore, no 
attainment plans would be affected by this change. The affected area 
includes 110 counties in the eastern part of the State. Nonattainment 
areas in the affected area of the State are Houston-Galveston, 
Beaumont-Port Arthur, and Dallas-Fort Worth. This state rule change 
does not have any impact on the implementation of Federal Ultra-Low 
Sulfur Diesel fuel and the compliance dates for that rule.

Proposed Action

    We are proposing approval of the change in compliance date for 
TXLED from April 1, 2005, to a phased approach beginning October 1, 
2005 and ending on January 1, 2006. More specifically, October 1, 2005 
is the compliance date for producers and importers of TXLED fuel. 
November 15, 2005 is the compliance date for bulk plant distribution 
facilities, and January 1, 2006 is the compliance date for retail fuel 
dispensing outlets, wholesale bulk purchaser/consumer facilities, and 
all other affected persons.

Statutory and Executive Order Reviews

    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

[[Page 9019]]

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.
    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, Motor vehicle pollution, Volatile organic compounds, 
Nitrogen oxides, Ozone, Reporting and recordkeeping requirements.

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

    Dated: February 17, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-3526 Filed 2-23-05; 8:45 am]
BILLING CODE 6560-50-P