[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Rules and Regulations]
[Pages 48642-48645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16489]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0009; FRL-7956-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Clean Air Action Plan and Attainment Demonstration for the 
Northeast Texas Early Action Compact Area; Agreed Orders Regarding 
Control of Air Pollution for the Northeast Texas Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Texas State Implementation 
Plan (SIP) submitted on July 18, 2002 and December 6, 2004. Approval 
will incorporate the following changes into the SIP: the Clean Air 
Action Plan (CAAP), a demonstration of attainment and maintenance for 
the 8-hour ozone national ambient air quality standard (NAAQS) in the 
Northeast Texas Early Action Compact (EAC) area, and the associated 
control measures. EPA is approving the photochemical modeling in 
support of the attainment demonstration for the 8-hour ozone standard 
within the Northeast Texas EAC area. These actions strengthen the SIP 
in accordance with sections 110 and 116 of the Federal Clean Air Act 
(CAA) and will result in emission reductions needed to help ensure 
attainment and maintenance of the 8-hour ozone NAAQS in Northeast 
Texas.

DATES: This rule is effective on September 19, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Materials in EDocket (RME) Docket ID No. R06-OAR-2005-TX-0009. All 
documents in the docket are listed in the Regional Materials in EDocket 
(RME) index at http://docket.epa.gov/rmepub/; once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Although listed in the index, some information 
is not publicly available, i.e., CBI or other information the 
disclosure of which 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 hard copy 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: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone 214-665-6645; 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 Comments Did EPA Receive on the May 16, 2005 Proposed 
Rulemaking for Northeast Texas?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    Today we are approving the two revisions submitted by the State on 
July 18, 2002, and December 6, 2004, into the Texas SIP that pertain to 
Northeast Texas under sections 110 and 116 of the CAA. The revisions 
demonstrate continued attainment and maintenance of the 8-hour ozone 
standard within the Northeast Texas EAC area. The 2004 revision 
includes the CAAP and the photochemical modeling. The 2002 revision 
pertains to the related control measures relied upon in the modeling 
and are Agreed Orders regarding control of air pollution for the 
Northeast Texas area by (1) American Electric Power Company, (2) TXU 
Generation Company LP and (3) Eastman Chemical Company.

[[Page 48643]]

The intent of the SIP revisions is to reduce ozone pollution and 
thereby maintain the 8-hour ozone standard.
    On May 16, 2005, EPA proposed approval of the Northeast Texas EAC 
area's CAAP, the photochemical modeling in support of the attainment 
demonstration, and related control measures as revisions to the SIP 
submitted to EPA by the State of Texas. The proposal provides a 
detailed description of each of these revisions and the rationale for 
each of EPA's proposed actions, together with a discussion of the 
opportunity to comment. For more information, see the Technical Support 
Documents or our proposal at 70 FR 25794. The public comment period for 
these actions closed on June 15, 2005. One adverse comment letter was 
received on EPA's proposed approval of the Northeast Texas EAC Plan and 
8-hour ozone attainment demonstration for the EAC area.

II. What Comments Did EPA Receive on the May 16, 2005 Proposed 
Rulemaking for Northeast Texas?

    We received one comment letter on the May 16, 2005 proposed 
rulemaking for Northeast Texas. The letter provided both supportive and 
adverse comments. The commenter commends the State of Texas for steps 
it has taken to improve air quality. The commenter states that they 
oppose approval of the SIP revision because, should the Northeast Texas 
EAC area experience a violation of the 8-hour ozone standard, the SIP 
revision (1) provides for the deferment of the area's nonattainment 
designation to as late as December 31, 2007, and (2) relieves the area 
of its obligations under Title I, Subpart D of the CAA. The commenter 
contends that EPA does not have the legal authority to defer the 
effective date of an area's nonattainment designation nor to relieve 
areas of the obligations of Part D of Title I of the CAA when areas are 
violating the standard and designated nonattainment.
    Response: We appreciate the support expressed towards the State of 
Texas and towards the efforts made to ensure that the citizens in the 
Northeast Texas area continue to breathe clean air. We continue to 
believe that the EAC program, as designed, gives Northeast Texas the 
flexibility to develop their own approach to maintaining the 8-hour 
ozone standard and believe Northeast Texas is serious in their 
commitment to control emissions from local sources. By involving 
diverse stakeholders, including representatives from industry, local 
and State governments, and local environmental and citizen groups, the 
Northeast Texas area is implementing regional cooperation in solving 
air quality problems that affect the health and welfare of its 
citizens. Through implementation of the plan, people living in the 
Northeast Texas EAC area will realize reductions in pollution levels 
and enjoy the health benefits of cleaner air sooner than might 
otherwise occur.
    In the April 2004 designation rule (69 FR 23858), the Northeast 
Texas EAC area was designated as attainment for the 8-hour ozone NAAQS. 
The commenter incorrectly asserts that this SIP revision provides for 
deferment of the designation of the area as nonattainment should the 
area experience a violation of the 8-hour ozone standard. Nor does 
EPA's approval of this SIP alter the applicability of the redesignation 
provision of the Act should the Northeast Texas EAC area experience a 
violation of the 8-hour ozone NAAQS in the future. Section 107(d)(3)(A) 
provides that EPA may redesignate an area ``on the basis of air quality 
data, planning and control considerations, or any other air quality-
related considerations.'' Should the Northeast Texas EAC area 
experience a violation of the 8-hour ozone NAAQS in the future, EPA 
would consider these statutory factors in determining whether to 
redesignate the area to nonattainment for the 8-hour ozone NAAQS. The 
commenter is also incorrect that this SIP approval relieves the 
Northeast Texas EAC area of the requirements of Part D of Title I of 
the Act. These provisions apply to areas designated nonattainment. 
Because the Northeast Texas EAC area is designated attainment for the 
8-hour ozone NAAQS, these provisions do not apply in the Northeast 
Texas EAC area.

III. Final Action

    We are approving revisions to the Texas SIP pertaining to the 
Northeast Texas EAC area. EPA is approving the attainment 
demonstration, the Northeast Texas Clean Air Action Plan, and the 
related control measures, and we are incorporating these revisions into 
the Texas SIP. We have determined that the control measures included in 
the attainment demonstration are quantified, surplus, permanent, and 
are Federally enforceable once approved into the SIP. The modeling of 
ozone and ozone precursor emissions from sources in the Northeast Texas 
EAC area demonstrate that the specified control strategies will provide 
for continued attainment of the 8-hour ozone NAAQS through December 31, 
2007 and maintenance of that standard through 2012. We have reviewed 
the Plan and the attainment and maintenance demonstration and 
determined that they are consistent with the requirements of the Act, 
EPA's policy, and the EAC protocol.

IV. 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 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 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 CAA. 
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.

[[Page 48644]]

    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 choices, provided that they meet the criteria of the CAA. 
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 CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
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. section 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 18, 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, Intergovernmental 
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 12, 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. The table in Sec.  52.2270(d) entitled ``EPA-Approved State Source-
Specific Requirements'' is amended by adding three new entries at the 
end of the table to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved State 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 Electric Power Knox Lee Plant  2001-0878-RUL...........   03/13/02  8/19/05 [Insert FR page
 (Gregg Co.), Pirkey Plant (Harrison                                          number where document
 Co.), Wilkes Plant (Cass Co.).                                               begins].
Texas Utilities Martin Lake plant       2001-0879-RUL...........   03/13/02  8/19/05 [Insert FR page
 (Rusk Co.), Monticello plant (Titus                                          number where document
 Co.).                                                                        begins].
Eastman Chemical Company Longview       2001-0880-RUL...........   03/13/02  8/19/05 [Insert FR page
 plant (Harrison Co.).                                                        number where document
                                                                              begins].
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0
3. The second table in Sec.  52.2270(e) entitled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by adding a new entry to the end to read as follows:
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                        Applicable            State
      Name of SIP provision            geographic or       submittal/     EPA approval date        Comments
                                    nonattainment area   effective date
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                                                  * * * * * * *
Clean Air Action Plan and 8-hour   Gregg, Harrison,            12/06/04  8/19/05 [Insert FR
 ozone standard attainment          Rusk, Smith and                       page number where
 demonstration for the Northeast    Upshur Counties, TX.                  document begins].
 Texas Early Action Compact area.
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[FR Doc. 05-16489 Filed 8-18-05; 8:45 am]
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