[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15592-15594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6042]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-107-1-7496; FRL-7890-1]


Approval and Promulgation of Implementation Plans; Texas; Post 
1996 Rate-of-Progress Plan, Adjustments to the 1990 Base Year Emissions 
Inventory, and Motor Vehicle Emissions Budgets for the Dallas/Fort 
Worth Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
for the State of Texas. This revision includes the Post 1996 Rate-of-
Progress (ROP) plan, adjustments to the 1990 base year emissions 
inventory, and ROP Motor Vehicle Emissions Budgets for the Dallas/Fort 
Worth (DFW) ozone nonattainment area. This plan shows planned emission 
reductions required by the Clean Air Act (Act) from 1996 to 1999 to 
improve air quality in the Dallas/Fort Worth Area. The reductions are 
from the 1990 base year emissions inventory. The adjustments to the 
1990 base year emissions inventory improve that inventory. The Motor 
Vehicle Emissions Budgets are used for determining conformity of 
transportation projects to the SIP. This action satisfies the Act's 
requirements for a serious ozone nonattainment area's Post 1996 Rate-
of-Progress requirements and approves the Motor Vehicle Emissions 
Budgets under the Rate-of-Progress Plan.

DATES: This rule is effective on April 27, 2005.

ADDRESSES: Copies of the documents relevant to this action are 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 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.
    Copies of any State submittals and EPA's technical support document 
are 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 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7237; 
fax number 214-665-7263; e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. What Comments Were Received During the Public Comment Period, 
January 18, 2001, to March 19, 2001?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving the Post 1996 Rate of Progress (ROP) plan, the 
adjustments to the 1990 base year emissions inventory, and the Motor 
Vehicle Emissions Budgets (MVEB) for the DFW ozone nonattainment area, 
submitted by Texas on October 25, 1999 and found complete on January 6, 
2000.

II. What Is the Background for This Action?

    We proposed approval of these SIP elements on January 28, 2001. We 
waited to take final action until the issue on the appropriate use of 
the MOBILE5 on-road mobile emission model was determined in Sierra Club 
v. EPA, 356 F.3d 296 (DC Cir. 2004). The Court found that the use of 
MOBILE5 was acceptable even if a more recent version was available 
because MOBILE5 was the best available version at the time the plan was 
prepared.
    The Post 1996 ROP plan (9% plan) was designed to reduce ozone 
forming emissions from the baseline emissions by 9% in the DFW 
nonattainment area for the years 1997-1999. We received no new 
information that would change the approvability of the ROP target 
calculations and none of the credits relied upon for meeting the ROP 
targets have changed since our proposal date. Therefore, this plan 
meets the Reasonable Further Progress requirements of the Act (section 
182(c)(2)). The MVEBs associated with the 9% plan have been found to 
meet the adequacy criteria, effective January 27, 2000, and are 
consistent with the ROP plan. Therefore, they too are approvable. The 
adjustments to the 1990 base year emissions inventory improved the 
inventory through improvements in methodology implemented subsequent to 
the submission of the original inventory.
    Please refer to 66 FR 4764, January 18, 2001, and its technical 
support document for details on the 9% Plan, the adjusted 1990 
emissions inventory, and the MVEBs.

III. What Comments Were Received During the Public Comment Period, 
January 18, 2001, to March 19, 2001?

    We did not receive any comments on the 9% Plan, the MVEBs, or the 
adjustments to the 1990 base year emissions inventory.

IV. Final Action

    EPA is approving the Post 1996 Rate of Progress plan, the 
adjustments to the 1990 base year emissions inventory, and the Motor 
Vehicle Emissions Budgets submitted by Texas on October 25, 1999, for 
the DFW ozone nonattainment area. The VOC MVEB for the ROP plan is 
147.22 tons per day and the NOX MVEB is 284.14 tons per day.

V. 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

[[Page 15593]]

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. 
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 May 27, 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, Hydrocarbons, 
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 8, 2005.
Richard E. 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. In Sec.  52.2270, the table in paragraph (e) entitled ``EPA approved 
nonregulatory provisions and quasi-regulatory measures'' is amended by 
adding two new entries to the end of the table to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

                                  EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                      Applicable geographic  State approval/
       Name of SIP provision          or nonattainment area  submittal date            EPA approval date                          Comments
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                                                                      * * * * * * *
Approval of the Post-1996 Rate-of-   Dallas-Fort Worth.....      10/25/1999  3/28/05, [Insert FR page number where  ....................................
 Progress Plan and Motor Vehicle                                              document begins]
 Emission Budgets.
Adjustments to the 1990 base year    Dallas-Fort Worth.....      10/25/1999  3/28/05, [Insert FR page number where
 emissions inventory.                                                         document begins]
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[FR Doc. 05-6042 Filed 3-25-05; 8:45 am]
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