[Federal Register Volume 70, Number 98 (Monday, May 23, 2005)]
[Proposed Rules]
[Pages 29466-29470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10193]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0010; FRL-7916-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Attainment Demonstration for the San Antonio Early Action 
Compact Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the State 
Implementation Plan (SIP) submitted by the Chairman of the Texas 
Commission on Environmental Quality (TCEQ) on December 6, 2004. The 
proposed revisions will demonstrate attainment of the 8-hour ozone 
standard and incorporate the San Antonio Early Action Compact (EAC) 
Clean Air Plan into the Texas SIP. EPA is proposing approval of the 
photochemical modeling in support of the attainment demonstration of 
the 8-hour ozone standard within the San Antonio EAC area and is 
proposing approval of the associated control measures. EPA is proposing 
these actions as a strengthening of the SIP in accordance with the 
requirements of sections 110 and 116 of the Federal Clean Air Act (the 
Act), which will result in emission reductions needed to help achieve 
attainment and maintenance of the 8-hour National Ambient Air Quality 
Standard (NAAQS) for ozone.

DATES: Comments must be received on or before June 22, 2005.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R06-OAR-2005-TX-0010, 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,

[[Page 29467]]

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-0010. 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 cents 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 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Carrie Paige, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-6521, [email protected].

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

Outline

I. What Action Are We Proposing?
II. What Is an EAC?
III. What Is a SIP?
IV. What Is the Content of the San Antonio EAC Attainment 
Demonstration?
V. Why Are We Proposing to Approve This EAC SIP Submittal?
VI. What Measures Are Included in This EAC SIP Submittal?
VII. What Happens if the Area Does Not Meet the EAC Milestones?
VIII. Proposed Action
IX. Statutory and Executive Order Reviews

I. What Action Are We Proposing?

    Today we are proposing to approve revisions to the Texas SIP under 
sections 110 and 116 of the Act. These revisions demonstrate attainment 
and maintenance of the 8-hour ozone standard within the San Antonio EAC 
area and incorporate the San Antonio EAC Clean Air Plan (CAP) into the 
Texas SIP. The EAC is a voluntary agreement between the TCEQ, the Alamo 
Area Council of Governments (AACOG), the EPA, Bexar, Comal, Guadalupe 
and Wilson Counties, and the cities of Floresville, New Braunfels, San 
Antonio and Seguin. The intent of this agreement is to reduce ozone 
pollution earlier than the Act requires and thereby maintain the 8-hour 
ozone standard. The San Antonio EAC sets forth a schedule to develop 
technical information about local ozone pollution, and adopt and 
implement a clean air plan, consisting of emissions control measures to 
ensure that the EAC area achieves compliance with the 8-hour ozone 
standard by December 31, 2007. Section VI of this rulemaking describes 
the control measures that will be implemented within the San Antonio 
EAC area.

II. What Is an EAC?

    The Early Action Compact program was developed to allow communities 
an opportunity to reduce emissions of ground level ozone pollution 
sooner than the Act requires. The program was designed for areas that 
approach or monitor exceedances of the 8-hour standard, but are in 
attainment for the 1-hour ozone standard. The compact is a voluntary 
agreement between local communities, State and Tribal air quality 
officials and EPA, which allows participating State and local entities 
to make decisions that will accelerate meeting the new 8-hour standard 
using locally tailored pollution controls instead of federally mandated 
measures. Early planning and early implementation of control measures 
that improve air quality will likely accelerate protection of public 
health. The EPA believes this program provides an incentive for early 
planning, early implementation, and early reductions of emissions 
leading to expeditious attainment and maintenance of the 8-hour ozone 
standard.
    Communities with EACs will have plans in place to reduce air 
pollution at least two years earlier than required by the Act. In 
December 2002, a number of States submitted compact agreements pledging 
to reduce emissions earlier than required by the Act for compliance 
with the 8-hour ozone standard. These States and local communities had 
to meet specific criteria and agreed to meet certain milestones for 
development and implementation of the compact. States with communities 
participating in the EAC program had to submit plans by December 31, 
2004 for meeting the 8-hour ozone standard, rather than June 15, 2007, 
the deadline for all other areas not meeting the standard. The EAC 
program required communities to develop and implement air pollution 
control strategies, account for emissions growth and demonstrate their 
attainment and maintenance of the 8-hour ozone standard. Greater 
details of the EAC program are explained in EPA's December 16, 2003 (68 
FR 70108) proposed Federal Register notice entitled ``Deferral of 
Effective Date of Nonattainment Designations for 8-hour Ozone National 
Ambient Air Quality

[[Page 29468]]

Standards for Early Action Compact Areas.''
    On April 15, 2004, EPA designated all areas for the 8-hour ozone 
standard. The EPA deferred the effective date of nonattainment 
designations for EAC areas that were violating the 8-hour standard, but 
continue to meet the compact milestones. Details of this deferral were 
announced on April 15, 2004 as part of the Clean Air Rules of 2004, and 
published in the Federal Register on April 30, 2004 in the notice 
entitled ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas with Deferred Effective Dates' (69 FR 23858).

III. What Is a SIP?

    The SIP is a set of air pollution regulations, control strategies 
and technical analyses developed by the state, to ensure that the state 
meets the National Ambient Air Quality Standards (NAAQS). These ambient 
standards are established under section 109 of the Act and they 
currently address six criteria pollutants: Carbon monoxide, nitrogen 
dioxide, ozone, lead, particulate matter, and sulfur dioxide. The SIP 
is required by section 110 of the Act. These SIPs can be extensive, 
containing state regulations or other enforceable documents and 
supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

IV. What Is the Content of the San Antonio EAC Attainment 
Demonstration?

    In support of this proposal, the TCEQ conducted an ozone 
photochemical modeling study developed for the San Antonio EAC area. 
The modeling study predicts whether or not the EAC area will attain the 
8-hour ozone NAAQS in 2007. The attainment demonstration includes 
analyses which estimate whether selected emissions reductions will 
result in ambient concentrations that meet the 8-hour ozone standard in 
the San Antonio area and an identified set of measures which will 
result in the required emissions reductions. See the Technical Support 
Document (TSD) for a description of the control measures. The modeled 
attainment test is passed if all resulting predicted future design 
values are less than 85 parts per billion (ppb). The design value is 
the three year average of the annual fourth highest 8-hour ozone 
readings.
    The attainment demonstration was supported by results of 
photochemical modeling and technical documentation for all monitors in 
the San Antonio EAC area. The demonstration incorporates the effects of 
population and industry growth, as well as national and statewide 
control measures or programs required to be in place by 2007 and 2012. 
The modeling study demonstrates that the 8-hour ozone standard will be 
attained by 2007 and maintained through 2012. The modeling analyses 
were further supported by some of the weight of evidence analyses that 
were evaluated for the San Antonio area.
    We believe this study meets our modeling requirements and 
guidelines, including such items as the base year inventory 
development, the growth rate projections, and the performance of the 
model. See Attachment A of our TSD for more information about this 
modeling study, the weight of evidence analyses, and our evaluation of 
these items. The modeling submitted in support of this proposal 
demonstrates that the San Antonio EAC area will be in attainment with 
the 8-hour ozone NAAQS in 2007. The latest modeling results for the San 
Antonio EAC area predict a maximum ozone design value of 84 ppb for 
2007, which is below the 8-hour ozone limit of 85 ppb. See section VI 
of this document for a list of local control measures that will be 
implemented within the San Antonio EAC area. We are proposing to 
approve the 8-hour ozone attainment demonstration, the CAP and the 
local control measures within the CAP for the San Antonio EAC area.

V. Why Are We Proposing to Approve This EAC SIP Submittal?

    On December 9, 2002, Texas signed an EAC for the four-county San 
Antonio Metropolitan Statistical Area, which was also signed by 
representatives of the local communities, State air quality officials 
and the EPA Region 6 Administrator. On April 15, 2004 (69 FR 23858), 
the EPA designated the 8-hour ozone nonattainment areas and designated 
the four-county San Antonio EAC area as nonattainment for the 8-hour 
ozone standard. To date, the San Antonio area has met all EAC 
milestones and, as long as the San Antonio EAC area continues to meet 
the agreed upon milestones, the impact of the nonattainment designation 
may be deferred until April 15, 2008.
    We are proposing to approve this EAC SIP submittal because 
implementation of the requirements in this EAC will help ensure the San 
Antonio EAC area's compliance with the 8-hour ozone standard by 
December 31, 2007 and maintenance of that standard through 2012. We 
have reviewed the submittal and determined that it is consistent with 
the requirements of the Act, EPA's policy, and the EAC protocol. Our 
TSD contains detailed information concerning this rulemaking action.
    Approving San Antonio's CAP into the SIP will also mean that 
measures and controls identified in the CAP are federally enforceable 
and the San Antonio EAC communities will start to benefit from 
reductions in air pollution earlier than the statutory deadlines. See 
section VI of this rulemaking action for a description of the air 
pollution control measures. Finally, it means that EPA has determined 
that the State and local area have continued to fulfill the milestones 
and obligations of the EAC Program. In a separate notice, EPA will take 
action to propose deferring the effective date of the nonattainment 
designation for areas that are participating in the Early Action 
Compacts until December 31, 2006, so long as the areas continue to 
fulfill the EAC obligations, including semi-annual reporting 
requirements, implementation of the measures in submitted clean air 
plans by December 31, 2005, and a progress assessment by June 30, 2006.

VI. What Measures Are Included in This EAC SIP Submittal?

    The EPA designated the San Antonio EAC area as nonattainment for 
the 8-hour ozone standard on April 15, 2004 (69 FR 23858). The design 
value for 2001-2003 was 89 ppb. The TCEQ has submitted these revisions 
to the SIP, as progressive measures to avoid continued violation of the 
8-hour ozone standard within the affected area and to be eligible for 
the opportunity for a second deferral of the effective date of 
nonattainment to December 31, 2006. While the implementation of the 
local control strategies is estimated to reduce emissions of volatile 
organic compounds (VOCs) and nitrogen oxides (NOX), the San 
Antonio EAC area has demonstrated attainment through the implementation 
of federal and statewide rules, without including the effects of these 
local measures in their photochemical modeling.
    The TSD discusses the results of photochemical modeling and 
technical analyses that support a demonstration of attainment of the 8-
hour ozone standard by December 31, 2007 and maintenance of that 
standard through 2012. To help achieve attainment, the San Antonio EAC 
CAP includes two rule revisions: Lowering the Stage I Vapor Recovery 
exemption and degreasing requirements, each of which will contribute to 
reductions in VOCs in the San Antonio EAC area. VOCs, as well as 
NOX, are precursors to and aid in the formation of ozone. 
The rule revisions have been adopted by the State of Texas and

[[Page 29469]]

accompany this EAC SIP revision. Since these rule revisions apply to 
both the Austin and San Antonio EAC areas, EPA has taken action on them 
in a separate rulemaking (see 70 FR 15769, published March 29, 2005).
    The rule revisions adopted as control measures in the San Antonio 
EAC CAP apply to all four counties in the EAC area and are as follows: 
Lowering the Stage I Vapor Recovery exemption to 25,000 gallons/month 
throughput, projected to reduce VOCs by 5.81 tpd; and degreasing 
requirements, projected to reduce VOCs by approximately 85% for 
degreasing (cold cleaning) sources.
    Additional control measures that have been specified in the EAC CAP 
include: A statewide rule to reduce emissions of VOCs from portable 
fuel containers that spill, leak, and/or allow permeation (see 70 FR 
7041, published February 10, 2005); the Texas Emissions Reduction Plan 
(TERP), a comprehensive set of grant programs to improve air quality in 
Texas, for which funds to reduce NOX by 2.5 tpd have been 
allocated to the San Antonio EAC area (see 70 FR 25008, published May 
12, 2005); and Transportation Emission Reduction Measures (TERMs), 
which are transportation projects designed to reduce vehicle use, 
improve traffic flow, and/or reduce congested conditions throughout the 
EAC area, projected to reduce NOX by 0.32 tpd and VOCs by 
0.92 tpd. These TERMs are described in detail in the TSD and will be 
incorporated by reference in the Code of Federal Regulations in the 
final approval action. Detailed information is necessary for emission 
reduction measures in the SIP to ensure that they are specific and 
enforceable as required by the Act and the EAC protocol. The 
description of these emission reduction measures includes the 
identification of each project, location, a brief project description, 
and emissions reductions for both VOCs and NOX. Though many 
of these TERMs have been completed, any unfinished projects will be 
completed by 2007.
    In general, the control measures in this section meet the 
requirements of the EAC protocol: They are specific, quantified, 
permanent and will be federally enforceable when approved by EPA. In 
compliance with the next EAC program milestone, all control measures 
needed to demonstrate attainment will be implemented by December 31, 
2005. The TSD contains detailed information on each of these control 
measures, as well as information on additional planned and locally-
implemented measures whose expected emission reductions were not 
quantified or included in the photochemical modeling, and therefore, 
are not necessary for the area to attain the standard in 2007.
    According to the EAC protocol, the CAP must also include a 
component to address maintenance for growth at least 5 years beyond 
2007, ensuring the area will remain in attainment of the 8-hour ozone 
standard through 2012. The San Antonio EAC area has developed an 
emissions inventory for the year 2012, as well as a continuing planning 
process to address this essential part of the plan. The emissions 
inventory predicted an overall reduction in emissions through 2012: 
VOCs are estimated to be 23 percent lower and NOX are 
estimated to be 28 percent lower in 2007 than in 1999; and emissions 
predicted in 2012 are seven percent less than those modeled in 2007 for 
VOCs, and 22 percent less than those modeled in 2007 for 
NOX. Despite the growth estimated for the EAC area, federal 
emission standards are projected to substantially reduce emissions of 
NOX and VOCs in the newer fleet of vehicles. The federal 
measures include area measures (on-board refueling vapor recovery), as 
well as onroad and non-road (e.g., lawn and garden, recreational marine 
and locomotives) measures. State point source reductions in emissions 
from power plants, as well as the continuation of the smaller scale, 
locally-implemented control measures, will also contribute to the 
area's reductions in NOX and VOCs. See the TSD for a 
detailed list of these measures. Using air quality models to anticipate 
the impact of growth, as well as the federal, state-assisted and 
locally-implemented measures to reduce emissions, the State has 
projected the area will be in attainment of the 8-hr ozone standard in 
2007 and will remain in attainment through 2012.
    To enhance the planning process, the TCEQ has committed to continue 
to work with local stakeholders to find additional measures to further 
reduce ozone precursor emissions, to ensure that the San Antonio EAC 
area will continue to maintain the 8-hour ozone standard through 2012. 
In addition, the EAC signatories and implementing agencies will review 
all EAC activities and report on these results in their semi-annual 
reports, beginning in June 2005. This semi-annual review will track and 
document, at a minimum, control strategy implementation and results, 
monitoring data and future plans. After review, additional control 
measures may be considered and adopted through revisions to this SIP, 
if necessary.
    The elements that address maintenance for growth meet the EAC 
protocol. EPA has reviewed the modeling and emission projections and 
proposes to approve the demonstration of attainment.

VII. What Happens If the Area Does Not Meet the EAC Milestones?

    On April 15, 2004, EPA designated the San Antonio EAC area as 
nonattainment for the 8-hour ozone standard and deferred the effective 
date of nonattainment until September 30, 2005. One of the principles 
of the EAC protocol is to provide safeguards to return areas to 
traditional SIP requirements should an area fail to comply with the 
terms of the compact. If, as outlined in our guidance and in 40 CFR 
81.300, an EAC milestone is missed, we would take action to propose and 
promulgate a finding of failure to meet the milestone, and to withdraw 
the deferred effective date of the nonattainment designation, thereby 
triggering applicable statutory requirements.

VIII. Proposed Action

    EPA is proposing to approve the attainment demonstration, the San 
Antonio EAC CAP and the related control measures and incorporate these 
into the Texas SIP as a strengthening of the SIP. The modeling of ozone 
and ozone precursor emissions from sources in the four county San 
Antonio EAC area demonstrate that the specified control strategies will 
provide for attainment of the 8-hour ozone NAAQS by December 31, 2007.

IX. 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 and because this action will not have a 
significant, adverse effect on the supply, distribution, or use of 
energy, 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

[[Page 29470]]

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 under the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to 
approve state actions, 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 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, Volatile organic compounds.

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

    Dated: May 13, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-10193 Filed 5-20-05; 8:45 am]
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