[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Rules and Regulations]
[Pages 48640-48642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16490]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0011; FRL-7955-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) submitted by the Chairman of the Texas Commission on 
Environmental Quality (TCEQ) on December 6, 2004. The revisions 
demonstrate attainment and maintenance of the 8-hour ozone standard and 
incorporate the Austin Early Action Compact (EAC) Clean Air Action Plan 
(CAAP) into the Texas SIP. EPA is approving the photochemical modeling 
in support of the attainment demonstration for the 8-hour ozone 
standard within the Austin EAC area. EPA is approving the Austin EAC 
CAAP, which includes control measures and demonstrates maintenance of 
the standard through 2012. These actions strengthen the SIP in 
accordance with the requirements of sections 110 and 116 of the Federal 
Clean Air Act (the Act) and will result in emission reductions needed 
to help ensure attainment and maintenance of the 8-hour National 
Ambient Air Quality Standard (NAAQS) for ozone.

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

ADDRESSES: EPA has established a docket for this action under Regional 
Materials in EDocket (RME) ID No. R06-OAR-2005-TX-0011. All documents 
in the docket are listed in the RME index at http://docket.epa.gov/rmepub/; once in the system, select ``quick search,'' then type in the 
appropriate RME docket identification number. Although listed in the 
index, some information is not publicly available, i.e., confidential 
business information 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: 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. Background
II. What Action Is EPA Taking?
III. What Comments Did EPA Receive on the May 23, 2005 Proposed 
Rulemaking for Austin?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On May 23, 2005, EPA proposed approval of the Austin EAC area's 
CAAP, the photochemical modeling in support of the attainment and 
maintenance demonstration and related control measures, including a 
vehicle inspection and maintenance (I/M) program, as revisions to the 
SIP submitted to EPA by the TCEQ. The photochemical modeling 
demonstrates that the specified control measures will provide for 
attainment of the 8-hour ozone standard by December 31, 2007 and 
maintenance of the standard through 2012. The proposal provides a 
detailed description of these revisions and the rationale for EPA's 
proposed actions, together with a discussion of the opportunity to 
comment. The public comment period for these actions closed on June 22, 
2005. See the Technical Support Documents or our proposed rulemaking at 
70 FR 29461 for more information. No comments were received on EPA's 
proposed approval of the I/M Program and therefore, that portion of the 
proposal is addressed in a separate rulemaking (70 FR 45542, published 
August 8, 2005). Three comments, one of which is adverse, were received 
on EPA's proposed approval of the Austin EAC area's CAAP and 8-hour 
ozone attainment demonstration for the EAC area.

II. What Action Is EPA Taking?

    Today we are approving revisions to the Texas SIP under sections 
110 and 116 of the Act. The revisions demonstrate attainment and 
maintenance of the 8-hour ozone standard within the Austin EAC area. 
The revisions include the Austin EAC CAAP, photochemical modeling and 
related control measures. The intent of the SIP revisions is to reduce 
ozone pollution and thereby maintain the 8-hour ozone standard.

III. What Comments Did EPA Receive on the May 23, 2005 Proposed 
Rulemaking for Austin?

    We received three comment letters on the May 23, 2005 proposed 
rulemaking. The comments provided both supportive and adverse 
discourse.
    Comment: Two comment letters support EPA's approval of the EAC SIP 
revisions and the third letter commends the State of Texas for steps it 
has taken to improve air quality.
    Response: We appreciate the support expressed towards the State of 
Texas and towards the efforts made to ensure that the citizens in the 
Austin EAC area continue to breathe clean air. We continue to believe 
that the EAC program, as designed, gives Austin the flexibility to 
develop their own approach to maintaining the 8-hour ozone standard and 
believe Austin 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, Austin is implementing regional 
cooperation in solving air quality problems that affect the health and 
welfare of its citizens. Through implementation of the CAAP, people 
living in the Austin EAC area will realize reductions in pollution 
levels and enjoy the health benefits of cleaner air sooner than might 
otherwise occur.
    Comment: One letter contends that EPA lacks the authority to 
approve EACs and expressed opposition to the approval of the Austin SIP 
revision because, since the area experienced a violation of the 8-hour 
ozone standard, the SIP revision (1) provides for the deferment of the 
area's nonattainment

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designation to as late as December 31, 2007, and (2) relieves the area 
of its obligations under Title I, Subpart D of the Act. 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 Title I, Subpart D of the Act while areas 
are violating the standard and are designated nonattainment.
    Response: In the April 2004 designation rule (69 FR 23858), the 
Austin EAC area was designated as attainment for the 8-hour ozone 
NAAQS. The commenter incorrectly asserts that approval of this SIP 
revision provides for deferment of the effective date of the area's 
nonattainment designation while the area is in 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. 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 Austin EAC area 
experience a violation of the 8-hour ozone NAAQS, EPA would consider 
these statutory factors in determining whether to redesignate the area 
to nonattainment for the 8-hour ozone NAAQS. The commenter is incorrect 
that this SIP approval relieves the Austin EAC area of the requirements 
of Part D of Title I of the Act. These provisions apply to areas 
designated nonattainment. Because the Austin EAC area is designated 
attainment for the 8-hour ozone NAAQS, these provisions do not apply in 
the Austin EAC area.

IV. Final Action

    EPA is approving the attainment demonstration, the Austin EAC CAAP, 
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 Austin EAC area demonstrate that the specified control 
strategies will provide for attainment of the 8-hour ozone NAAQS by 
December 31, 2007 and maintenance of that standard through 2012. We 
have reviewed the CAAP and the attainment demonstration and determined 
that they are consistent with the requirements of the Act, EPA's 
policy, and the EAC protocol.

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 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 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 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 
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 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 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 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 dioxides, Ozone, Reporting and recordkeeping 
requirements, Volatile Organic Compounds.


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    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 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, immediately following the last 
entry in 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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                                                                  State
                                       Applicable geographic    submittal/
        Name of SIP provision          or  nonattainment area   effective      EPA approval date       Comments
                                                                   date
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                                                  * * * * * * *
Clean Air Action Plan, 8-hour ozone   Bastrop, Caldwell,          12/06/04  8/19/05 [Insert FR page
 standard attainment demonstration,    Hays, Travis and                      number where document
 and Transportation Emission           Williamson Counties,                  begins].
 Reduction Measures (TERMs) for the    TX.
 Austin EAC area.
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[FR Doc. 05-16490 Filed 8-18-05; 8:45 am]
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