[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48877-48880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16475]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0010; FRL-7955-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Attainment Demonstration of the San Antonio 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 of the 8-hour ozone standard and incorporate the 
San Antonio Early Action Compact (EAC) Clean Air Plan into the Texas 
SIP. EPA is approving the photochemical modeling in support of the 
attainment demonstration of the 8-hour ozone standard within the San 
Antonio EAC area and is approving the associated control measures. 
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 achieve attainment of and 
maintain the 8-hour National Ambient Air Quality Standard (NAAQS) for 
ozone.

DATES: This final rule is effective on September 21, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Materials in EDocket (RME) ID No. R06-OAR-2005-TX-0010. 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:

[[Page 48878]]

    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 San Antonio?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On May 23, 2005, EPA proposed approval of the San Antonio EAC 
area's Clean Air Plan (CAP), the photochemical modeling in support of 
the attainment demonstration and related control measures as revisions 
to the SIP submitted to EPA by the Texas Commission on Environmental 
Quality. 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 29466 for more 
information. One adverse comment was received on EPA's proposed 
approval of the San Antonio EAC area's CAP 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 of the 8-
hour ozone standard within the San Antonio EAC area. The revisions 
include the San Antonio EAC CAP, photochemical modeling and related 
control measures. The intent of the SIP revisions is to reduce ozone 
pollution and thereby attain and maintain the 8-hour ozone standard.

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

    We received one comment letter on the May 23, 2005 proposed 
rulemaking. The letter provided both supportive and adverse discourse, 
commending the State of Texas for steps it has taken to improve air 
quality. The commenter opposes approval of the SIP revision because it 
(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 Act. The commenter contends 
that EPA does not have the legal authority to defer the effective date 
of an area's nonattainment designation or to relieve areas of the 
obligations of Part D of Title I of the Act 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 achieve and maintain the 8-hour 
ozone NAAQS. We continue to believe that the EAC program, as designed, 
gives San Antonio the flexibility to develop their own approach to 
meeting the 8-hour ozone standard and believe San Antonio is serious in 
their commitment to control emissions from local sources earlier than 
the Act would require. By involving diverse stakeholders, including 
representatives from industry, local and State governments, and local 
environmental and citizen groups, San Antonio is implementing regional 
cooperation in solving air quality problems that affect the health and 
welfare of its citizens. People living in the San Antonio EAC area will 
realize reductions in pollution levels and enjoy the health benefits of 
cleaner air sooner than might otherwise occur.
    The commenter incorrectly asserts that the SIP revision provides 
for deferment of the effective date of the area's nonattainment 
designation. The SIP revision does not purport to alter the area's 
effective date of designation for the 8-hour standard. In the 8-hour 
designation rule published April 30, 2004, EPA designated 14 EAC areas 
as nonattainment, but deferred the effective date of the designation 
until September 30, 2005. While approval of the CAP is a prerequisite 
for an extension of the deferred effective date for the San Antonio 
EAC, see 40 CFR 81.300(e)(3), neither the proposed approval of this SIP 
nor this final action approving the SIP purports to extend the deferral 
of the effective date of the nonattainment designation for this area. 
In a separate proposed rule, EPA proposed to extend to December 31, 
2006, the deferral of the effective date for all 14 EAC areas that 
received deferrals to September 30, 2005 in the April 2004 designation 
rules. In a separate notice, EPA will consider comments regarding its 
legal authority to issue such deferrals in the final rulemaking action 
on the deferral. Additionally, we note that the requirements of part D 
of title I of the CAA are triggered when an area has an effective 8-
hour ozone nonattainment designation. EPA's approval of the CAP for San 
Antonio does not affect whether the requirements of part D apply in the 
San Antonio area. Rather, it is EPA's separate actions regarding the 
effective date of the area's designation that affects whether and when 
the nonattainment provisions of part D might apply.

IV. Final Action

    EPA is approving the attainment demonstration, the San Antonio EAC 
CAP, and the related control measures and incorporating these revisions 
into the Texas SIP as a strengthening of the SIP. We have determined 
that the CAP control measures included in the attainment demonstration 
are quantified, surplus, permanent, and will be Federally enforceable 
SIP revisions. The modeling of ozone and ozone precursor emissions from 
sources in the San Antonio 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 CAP 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

[[Page 48879]]

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 21, 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.

    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 nonattaiment area   effective     EPA approval date        Comments
                                                               date
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                                                  * * * * * * *
Clean Air Plan, 8-hour ozone        Bexar, Comal,             12/06/04  8/22/05 [Insert FR    ..................
 standard attainment demonstration   Guadalupe, and                      page number where
 and Transportation Emission         Wilson Counties, TX.                document begins].
 Reduction Measures (TERMs) for
 the San Antonio EAC area.
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[FR Doc. 05-16475 Filed 8-19-05; 8:45 am]
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