[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Rules and Regulations]
[Pages 45162-45169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2006-0386; FRL-8699-9]


Approval and Promulgation of Implementation Plans; Texas; El Paso 
County Carbon Monoxide Redesignation to Attainment, and Approval of 
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On February 13, 2008, the Texas Commission on Environmental 
Quality (TCEQ) submitted a State Implementation Plan (SIP) revision to 
request redesignation of the El Paso carbon monoxide (CO) nonattainment 
area to attainment for the CO National Ambient Air Quality Standard 
(NAAQS). This submittal also included a CO maintenance plan for the El 
Paso area and associated Motor Vehicle Emission Budgets (MVEBs). The 
maintenance plan was developed to ensure continued attainment of the CO 
NAAQS for a period of at least 10 years from the effective date of EPA 
approval of redesignation to attainment. In this action, EPA is 
approving the El Paso CO redesignation request and the maintenance plan 
with its associated MVEBs as satisfying the requirements of the Federal 
Clean Air Act (CAA) as amended in 1990.

DATES: This rule is effective October 3, 2008 without further notice, 
unless EPA receives relevant adverse comment by

[[Page 45163]]

September 3, 2008. If adverse comment is received, EPA will publish a 
timely withdrawal of this direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0386, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: Mr. Guy Donaldson at [email protected]. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand Delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0386. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
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 www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket 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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov 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 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.
    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: Jeffrey Riley, Air Planning Section, 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-8542; fax 
number 214-665-7263; e-mail address [email protected].

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

Table of Contents

I. Background
II. EPA's Evaluation of the El Paso Redesignation Request and 
Maintenance Plan
III. EPA's Evaluation of the Transportation Conformity Requirements
IV. Consideration of Section 110(l) of the CAA
V. Final Action
VI. Statutory and Executive Order Reviews

I. Background

    Under the 1990 Federal Clean Air Act (CAA) Amendments, El Paso was 
designated and classified as a moderate nonattainment area for CO 
because it did not meet the 8-hour CO NAAQS for this criteria pollutant 
(56 FR 56694). El Paso's classification as a moderate nonattainment 
area under sections 107(d)(4)(A) and 186(a) of the CAA imposed a 
schedule for attainment of the CO NAAQS by December 31, 1995.
    The El Paso nonattainment area has unique considerations for CO 
attainment planning due to airshed contributions from Ciudad Juarez, 
Mexico. Section 179B of the 1990 CAA Amendments contains provisions for 
CO nonattainment areas affected by emissions emanating from outside the 
United States. Under CAA Section 179B, the EPA shall approve a SIP for 
the El Paso nonattainment area if the TCEQ establishes to the EPA's 
satisfaction that implementation of the plan would achieve timely 
attainment of the NAAQS but for emissions emanating from Ciudad Juarez. 
This provision prevents El Paso County from being reclassified to a 
higher level of nonattainment should monitors continue to record CO 
concentrations in excess of the NAAQS.
    To meet the CAA attainment schedule of December 31, 1995, Texas 
submitted an initial revision to the SIP for the El Paso CO moderate 
nonattainment area in a letter dated September 27, 1995. This 
submittal, as well as a February 1998 supplemental submittal, included 
air quality modeling demonstrating that El Paso would attain the CO 
NAAQS by December 31, 1995, but for emissions emanating outside of the 
United States from Mexico. The EPA approved a revision to the Texas SIP 
submitted to show attainment of the 8-hour CO NAAQS in the El Paso CO 
nonattainment area under Section 179B provisions, as well as approving 
the El Paso area's CO emissions budget and a CO contingency measure 
requirement. The State submitted the revisions to satisfy Section 179B 
and Part D requirements of the CAA. This approval was published July 2, 
2003 (68 FR 39457), and became effective September 2, 2003. TCEQ also 
submitted all the requirements for the moderate area classification and 
EPA approved them. See further discussion in Section II.B.2.
    On January 20, 2006, the State of Texas submitted a revision to the 
SIP which consisted of a request for redesignation of the El Paso 
carbon monoxide (CO) nonattainment area to attainment for the CO NAAQS, 
as well as an 8-hour CO maintenance plan to

[[Page 45164]]

ensure that El Paso County remains in attainment of the 8-hour CO 
NAAQS. EPA was unable to take action on this request for redesignation 
because the 8-hour CO maintenance plan did not provide for a 
maintenance period of at least 10 years after redesignation, as 
required by CAA Section 175A(a). On February 13, 2008, the State 
submitted a revision to the SIP containing an 8-hour CO maintenance 
plan to provide for El Paso County's continued attainment of the 8-hour 
CO NAAQS until 2020.
    In this action, we are approving a change in the legal designation 
of the El Paso area from nonattainment for CO to attainment, in 
addition to approving the maintenance plan that is designed to keep the 
area in attainment for CO until 2020. Under the CAA, we can change 
designations if acceptable data are available and if certain other 
requirements are met. Section 107(d)(3)(E) of the CAA provides that the 
Administrator may not promulgate a redesignation of a nonattainment 
area to attainment unless:
    (i) The Administrator determines that the area has attained the 
national ambient air quality standard;
    (ii) The Administrator has fully approved the applicable 
implementation plan for the area under CAA section 110(k);
    (iii) The Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions;
    (iv) The Administrator has fully approved a maintenance plan for 
the area as meeting the requirements of CAA section 175A; and,
    (v) The State containing such area has met all requirements 
applicable to the area under section 110 and Part D of the CAA.
    Before we can approve the redesignation request, we must decide 
that all applicable SIP elements have been fully approved. Approval of 
the applicable SIP elements may occur simultaneously with final 
approval of the redesignation request. The State of Texas has 
incorporated a CO maintenance plan into this submittal to satisfy the 
requirement of a fully approved maintenance plan for the area.

II. EPA's Evaluation of the El Paso Redesignation Request and 
Maintenance Plan

    We have reviewed the El Paso CO redesignation request and 
maintenance plan and believe that approval of the request is warranted, 
consistent with the requirements of CAA section 107(d)(3)(E). The 
following are descriptions of how the section 107(d)(3)(E) requirements 
are being addressed.
(a) Redesignation Criterion: The Area Must Have Attained the Carbon 
Monoxide (CO) NAAQS
    Section 107(d)(3)(E)(i) of the CAA states that for an area to be 
redesignated to attainment, the Administrator must determine that the 
area has attained the applicable NAAQS. The area is designated 
attainment for the 1-hour CO NAAQS and designated nonattainment for the 
8-hour CO NAAQS. As described in 40 CFR 50.8, the 8-hour CO NAAQS for 
carbon monoxide is 9 parts per million (ppm), (10 milligrams per cubic 
meter) for an 8-hour average concentration not to be exceeded more than 
once per year. 40 CFR 50.8 continues by stating that the levels of CO 
in the ambient air shall be measured by a reference method based on 40 
CFR Part 50, Appendix C and designated in accordance with 40 CFR part 
53 or an equivalent method designated in accordance with 40 CFR part 
53. Attainment of the 8-hour CO standard is not a momentary phenomenon 
based on short-term data. Instead, we consider an area to be in 
attainment if each of the 8-hour CO ambient air quality monitors in the 
area doesn't have more than one exceedance of the 8-hour CO standard 
over a one-year period. If any monitor in the area's CO monitoring 
network records more than one exceedance of the 8-hour CO standard 
during a one-year calendar period, then the area is in violation of the 
8-hour CO NAAQS. In addition, our interpretation of the CAA and EPA 
national policy \1\ has been that an area seeking redesignation to 
attainment must show attainment of the CO NAAQS for at least a 
continuous two-year calendar period. In addition, the area must also 
continue to show attainment through the date that we promulgate the 
redesignation in the Federal Register.
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    \1\ Refer to EPA's September 4, 1992, John Calcagni policy 
memorandum entitled ``Procedures for Processing requests to 
Redesignate areas to Attainment''.
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    The State of Texas' CO redesignation request for the El Paso area 
is based on an analysis of quality assured ambient air quality 
monitoring data that are relevant to the redesignation request. As 
presented in Chapter 3, Table 3-1 of the State's maintenance plan, 
ambient air quality monitoring data for consecutive calendar years 1999 
through 2005 show a measured exceedance rate of the CO NAAQS of 1.0 or 
less per year, per monitor, in the El Paso nonattainment area. We have 
evaluated the ambient air quality data and have determined that the El 
Paso area has not violated the 8-hour CO standard and continues to 
demonstrate attainment. The El Paso nonattainment area has quality-
assured data showing no violations of the 8-hour CO NAAQS for the most 
recent consecutive two-calendar-year period (2006 and 2007). Therefore, 
we believe the El Paso area has met the first component for 
redesignation: Demonstration of attainment of the CO NAAQS. We note too 
that the State of Texas has also committed, in the maintenance plan, to 
continue the necessary operation of the CO monitoring network in 
compliance with 40 CFR Part 58.
(b) Redesignation Criterion: The Area Must Have Met All Applicable 
Requirements Under Section 110 and Part D of the CAA
    To be redesignated to attainment, section 107(d)(3)(E)(v) requires 
that an area must meet all applicable requirements under section 110 
and Part D of the CAA. We interpret section 107(d)(3)(E)(v) to mean 
that for a redesignation to be approved by us, the State must meet all 
requirements that applied to the subject area prior to or at the time 
of the submission of a complete redesignation request. In our 
evaluation of a redesignation request, we don't need to consider other 
requirements of the CAA that became due after the date of the 
submission of a complete redesignation request.

1. CAA Section 110 Requirements

    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
On July 2, 2003, we approved the El Paso CO element revisions to 
Texas's SIP as meeting the requirements of section 110(a)(2) of the CAA 
(see 68 FR 39457).

2. Part D Requirements

    Before the El Paso ``moderate'' CO nonattainment area may be 
redesignated to attainment, the State must have fulfilled the 
applicable requirements of Part D. Under Part D, an area's 
classification indicates the requirements to which it will be subject. 
Subpart 1 of Part D sets forth the basic nonattainment

[[Page 45165]]

requirements applicable to all nonattainment areas. Subpart 3 of Part D 
contains specific provisions for ``moderate'' CO nonattainment areas. 
The relevant subpart 1 requirements are contained in sections 172(c) 
and 176. Our General Preamble (see 57 FR 13529 to 13532, April 16, 
1992) provides EPA's interpretations of the CAA requirements for 
``moderate'' CO areas such as El Paso with CO design values that are 
less than or equal to 12.7 ppm. The General Preamble (see 57 FR 13530, 
et seq.) provides that the applicable requirements of CAA section 172 
are: 172(c)(3) (emissions inventory), 172(c)(5) (new source review 
permitting program), 172(c)(7) (the section 110(a)(2) air quality 
monitoring requirements), and 172(c)(9) (contingency measures). 
Regarding the requirements of sections 172(c)(3) (inventory) and 
172(c)(9) (contingency measures), please refer to our discussion below 
of sections 187(a)(1) and 187(a)(3), which are the more specific 
provisions of Subpart 3 of Part D of the CAA.
    It is also worth noting that we interpreted the requirements of 
sections 172(c)(2) (reasonable further progress--RFP) and 172(c)(6) 
(other measures) as being irrelevant to a redesignation request because 
they only have meaning for an area that is not attaining the standard. 
See EPA's September 4, 1992, John Calcagni memorandum entitled 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment'', and the General Preamble, 57 FR at 13564, dated April 16, 
1992. Finally, the State has not sought to exercise the options that 
would trigger sections 172(c)(4) (identification of certain emissions 
increases) and 172(c)(8) (equivalent techniques). Thus, these 
provisions are also not relevant to this redesignation request.
    For the section 172(c)(5) New Source Review (NSR) requirements, the 
CAA requires all nonattainment areas to meet several requirements 
regarding NSR, including provisions to ensure that increased emissions 
will not result from any new or modified stationary major sources and a 
general offset rule. The State of Texas has an approved NSR program 
(see 60 FR 49781, September 27, 1995) that meets the requirements of 
CAA section 172(c)(5). For the CAA section 172(c)(7) provisions 
(compliance with the CAA section 110(a)(2) Air Quality Monitoring 
Requirements), our interpretations are presented in the General 
Preamble (57 FR 13535). CO nonattainment areas are to meet the 
``applicable'' air quality monitoring requirements of section 110(a)(2) 
of the CAA. Information concerning CO monitoring in Texas is included 
in the Annual Monitoring Network Review (MNR) prepared by the State and 
submitted to EPA. Our personnel have concurred with Texas' annual 
network reviews and have agreed that the El Paso network remains 
adequate.
    In Chapter 5, Section 5.5 of the maintenance plan, the State 
commits to the continued operation of the existing CO monitoring 
network according to applicable Federal regulations and guidelines (40 
CFR part 58).
    The relevant Subpart 3 provisions were created when the CAA was 
amended on November 15, 1990. The new CAA requirements for ``moderate'' 
CO areas, such as El Paso, required that the SIP be revised to include 
a 1990 base year emissions inventory (CAA section 187(a)(1)), 
contingency provisions (CAA section 187(a)(3)), corrections to existing 
motor vehicle inspection and maintenance (I/M) programs (CAA section 
187(a)(4)), periodic emission inventories (CAA section 187(a)(5)), and 
the implementation of an oxygenated fuels program (CAA section 
211(m)(1)). Sections 187(a)(2), (6), and (7) do not apply to the El 
Paso area because its design value was below 12.7 ppm at the time of 
classification. How the State met these requirements and our approvals, 
are described below:
    A. 1990 base year emissions inventory (CAA section 187(a)(1)): EPA 
approved an emissions inventory on September 12, 1994 (see 59 FR 
46766).
    B. Contingency provisions (CAA section 187(a)(3)): EPA approved the 
use of 46 tons per day in incremental CO reduction credits from the 
Texas low-enhanced vehicle inspection and maintenance program, as 
fulfillment of the State's CO attainment contingency measure 
requirement for the El Paso nonattainment area under section 172(c)(9) 
on July 2, 2003 (see 68 FR 39457).
    C. Corrections to the El Paso basic I/M program (CAA section 
187(a)(4)): EPA approved the Texas Motorist Choice (TMC) I/M Program 
(which includes El Paso) on November 14, 2001 (see 66 FR 57261).
    D. Periodic emissions inventories (CAA section 187(a)(5)): The 
State submitted an initial revision to the SIP for the El Paso CO 
moderate nonattainment area in a letter dated September 27, 1995. This 
submittal, as well as a February 1998 supplemental submittal contained 
a commitment to submit emission inventory updates. TCEQ continues to 
submit the Periodic Emissions Inventory (PEI) every three years.
    E. Oxygenated fuels program implementation (CAA section 211(m)): 
EPA approved the El Paso oxygenated fuels program on September 12, 1994 
(see 59 FR 46766).
(c) Redesignation Criterion: The Area Must Have a Fully Approved SIP 
Under Section 110(k) of the CAA
    Section 107(d)(3)(E)(ii) of the CAA states that for an area to be 
redesignated to attainment, it must be determined that the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k). As noted above, EPA previously approved 
SIP revisions for the El Paso CO nonattainment area that were required 
by the 1990 amendments to the CAA. In this action, we are also 
approving the maintenance plan proposed by the State, and the State's 
commitment to maintain an adequate monitoring network (contained in the 
maintenance plan). Thus, with this final rule to approve the El Paso 
redesignation request and maintenance plan, we will have fully approved 
the El Paso CO element of the SIP under section 110(k) of the CAA.
(d) Redesignation Criterion: The Area Must Show That the Improvement in 
Air Quality Is Due to Permanent and Enforceable Emissions Reductions
    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to 
be redesignated to attainment, the Administrator must determine that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan, implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions. 
The CO emissions reductions for El Paso, that are further described in 
Sections 3.5 and 5.4.2 of the El Paso maintenance plan, were achieved 
primarily through the Federal Motor Vehicle Control Program (FMVCP), an 
oxygenated fuels program, and a motor vehicle inspection and 
maintenance (I/M) program.
    In general, the FMVCP provisions require vehicle manufacturers to 
meet more stringent vehicle emission limitations for new vehicles in 
future years. These emission limitations are phased in (as a percentage 
of new vehicles manufactured) over a period of years. As new, lower 
emitting vehicles replace older, higher emitting vehicles (``fleet 
turnover''), emission reductions are realized for a particular area 
such as El Paso. For example, EPA promulgated lower hydrocarbon (HC) 
and CO exhaust

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emission standards in 1991, known as Tier I standards for new motor 
vehicles (light-duty vehicles and light-duty trucks) in response to the 
1990 CAA amendments. These Tier I emissions standards were phased in 
with 40% of the 1994 model year fleet, 80% of the 1995 model year 
fleet, and 100% of the 1996 model year fleet.
    As stated in Section 5.4.2 of the maintenance plan, significant 
additional emission reductions were realized from El Paso's basic I/M 
program. The program requires annual inspections of vehicles at 
independent inspection stations. We note that further improvements to 
the El Paso area's basic I/M program, to meet the requirements of EPA's 
November 5, 1992, (57 FR 52950) I/M rule, and upgrading the I/M program 
to meet the requirements for a low-enhanced program, were approved by 
us into the SIP on November 14, 2001 (68 FR 39457).
    Oxygenated fuels are gasolines that are blended with additives that 
increase the level of oxygen in the fuel and, consequently, reduce CO 
tailpipe emissions. TAC Title 30, Chapter 114, Section 114.100, 
``Oxygenated Fuels Program'', contains the oxygenated fuels provisions 
for the El Paso nonattainment area. This rule requires all El Paso area 
gas stations to sell fuels containing a 2.7% minimum oxygen content (by 
weight) during the wintertime CO high pollution season. The use of 
oxygenated fuels has significantly reduced CO emissions and contributed 
to the area's attainment of the CO NAAQS.
    During the public comment process for State-level adoption of the 
maintenance plan, the Texas Oil and Gas Association (TXOGA) recommended 
removing the oxygenated fuels program as a control measure and 
establishing it as a contingency measure. Due to support for the 
oxygenated fuels program stated by the local governmental entities, the 
State chose to retain the program as a committed control measure as 
part of the redesignation request and maintenance plan. This rulemaking 
action involves EPA approval of the El Paso CO redesignation request 
and the associated maintenance plan submitted by the State. EPA only 
can act upon what a State has chosen to submit to EPA for approval as a 
SIP revision. EPA cannot usurp a state's primary role in establishing 
the SIP controls. Therefore, if EPA receives any comments about the 
removal of the oxygenated fuels program to the contingency measures 
plan, we shall not consider them as relevant comment to this 
rulemaking. Should the State consider removing the oxygenated fuels 
program to the contingency measures plan at a later date, another 
public hearing and comment period would be held as part of a separate 
rulemaking and SIP revision process.
    We have evaluated the various State and Federal control measures, 
and believe that the improvement in air quality in the El Paso 
nonattainment area has resulted from emission reductions that are 
permanent and enforceable.
(e) Redesignation Criterion: The Area Must Have a Fully Approved 
Maintenance Plan Under CAA Section 175A
    Section 107(d)(3)(E)(iv) of the CAA provides that for an area to be 
redesignated to attainment, the Administrator must have fully approved 
a maintenance plan for the area meeting the requirements of section 
175A of the CAA. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. The maintenance plan must demonstrate continued attainment 
of the applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
promulgation of the redesignation, the State must submit a revised 
maintenance plan that demonstrates continued attainment for the 
subsequent ten-year period following the initial ten-year maintenance 
period. To address the possibility of future NAAQS violations, the 
maintenance plan must contain contingency measures, with a schedule for 
adoption and implementation, that are adequate to assure prompt 
correction of a violation. In addition, we issued further maintenance 
plan interpretations in the ``General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990'' (57 FR 13498, 
April 16, 1992), ``General Preamble for the Implementation of Title I 
of the Clean Air Act Amendments of 1990; Supplemental'' (57 FR 18070, 
April 28, 1992), and the EPA guidance memorandum entitled ``Procedures 
for Processing Requests to Redesignate Areas to Attainment'' from John 
Calcagni, Director, Air Quality Management Division, Office of Air 
Quality and Planning Standards, to Regional Air Division Directors, 
dated September 4, 1992 (hereafter the September 4, 1992 Calcagni 
Memorandum).
    In this Federal Register action, EPA is approving the maintenance 
plan for the El Paso CO nonattainment area because we believe, as 
detailed below, that the State's maintenance plan submittal meets the 
requirements of section 175A and is consistent with our interpretations 
of the CAA, as reflected in the documents referenced above. Our 
analysis of the pertinent maintenance plan requirements, with reference 
to the State's February 13, 2008, submittal, is provided as follows:

1. Emissions Inventories--Attainment Year and Projections

    EPA's interpretations of the CAA section 175A maintenance plan 
requirements are generally provided in the General Preamble (see 57 FR 
13498, April 16, 1992) and the September 4, 1992 Calcagni Memorandum 
referenced above. Under our interpretations, areas seeking to 
redesignate to attainment for CO may demonstrate future maintenance of 
the CO NAAQS either by showing that future CO emissions will be equal 
to or less than the attainment year emissions or by providing a 
modeling demonstration.
    For the El Paso area, the State selected the emissions inventory 
approach for demonstrating maintenance of the CO NAAQS; however, the 
State also conducted ``hot spot'' CO modeling to demonstrate that CO 
exceedances are not currently occurring at a potential hot spot and 
will not occur at such locations in the future. The maintenance plan 
submitted by the TCEQ on February 13, 2008, includes comprehensive 
inventories of CO emissions for the El Paso area. These inventories 
include emissions from stationary point sources, area sources, non-road 
mobile sources, and on-road mobile sources. The State selected 2002 as 
the year from which to develop the attainment year inventory and 
included a projection out to 2020. More detailed descriptions of the 
2002 attainment year inventory and the projected inventory are 
documented in the maintenance plan in Chapter 2. Summary emission 
figures from the 2002 attainment year and the final maintenance year of 
2020 are provided in Table 1 below.

[[Page 45167]]



                            Table 1--El Paso County CO Emissions for 2002-2020 (tpd)
----------------------------------------------------------------------------------------------------------------
                                                                     Non-road
              Year                 Point source        Area           mobile      On-road mobile       Total
----------------------------------------------------------------------------------------------------------------
2002............................            4.67           16.42           45.90          360.34          427.33
2020............................            5.13           19.10           63.77          230.26          318.26
----------------------------------------------------------------------------------------------------------------

    As presented in Chapter 3, Table 3-1 of the State's maintenance 
plan, ambient air quality monitoring data for consecutive calendar 
years 1999 through 2005 show a measured exceedance rate of the CO NAAQS 
of 1.0 or less per year, per monitor, in the El Paso nonattainment 
area. To further demonstrate maintenance of the CO NAAQS, the TCEQ 
agreed to additional ``hot spot'' modeling as requested by EPA on the 
basis of EPA's Office of Air Quality Planning and Standards' (OAQPS) 
September 30, 1994 Ozone/Carbon Monoxide Redesignations Reference 
Document. The modeling was done specifically to address two concerns--
the El Paso CO monitoring network has a limited number of sites, and 
therefore may not have identified all the hot spots in the El Paso 
area; and in the future, urban growth may increase mobile emissions 
enough to cause exceedances of the NAAQS.
    The TCEQ performed CO modeling at a heavily utilized intersection 
to demonstrate that CO exceedances are not currently occurring at a 
potential hot spot and will not occur at that location in the future. A 
modeling protocol detailing hotspot selection, proposed model usage, 
and data analysis was submitted by the State on February 17, 2005, and 
was approved by EPA via a letter dated March 30, 2005. The modeling 
protocol and approach taken are detailed in Chapter 4 of the 
maintenance plan. As shown in Table 4-2 of the maintenance plan, the 
current (base) case hot spot analysis predicted a maximum 8-hour CO 
concentration of 7.8 ppm, and the 2020 future case analysis predicted a 
maximum 8-hour CO concentration of 2.0 ppm. Both of these values are 
below the 9 ppm NAAQS, and demonstrate current and projected compliance 
with the CO standard. A more detailed evaluation by EPA of this hot 
spot analysis is provided in the TSD.

2. Demonstration of Maintenance--Projected Inventories

    As we noted above, total CO emissions were projected forward by the 
State for the year 2020. We note the State's approach for developing 
the projected inventory follows EPA guidance on projected emissions and 
we believe it is acceptable.\2\ The projected inventory shows that CO 
emissions are not estimated to exceed the 2002 attainment level during 
the time period 2002 through 2020 and, therefore, the El Paso area has 
satisfactorily demonstrated maintenance. The projected inventory was 
developed using EPA-approved technologies and methodologies. No new 
control strategies for point and area sources were relied upon in the 
projected inventory. CO emission reductions anticipated from EPA's 
national rule for the Spark Ignition Small Engine Rule, Phase 1, were 
relied upon as a new control strategy for Nonroad sources. TCEQ relied 
upon emissions reductions anticipated from existing control strategies: 
FMVCP, Texas Oxygenated Fuel SIP, and the Texas I/M Program. Please see 
the TSD for more information on EPA's review and evaluation of the 
State's methodologies, modeling, inputs, etc., for developing the 
projected emissions inventory.
---------------------------------------------------------------------------

    \2\ ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' signed by D. 
Kent Berry, Acting Director, Air Quality Management Division, 
November 30, 1993.
---------------------------------------------------------------------------

3. Monitoring Network and Verification of Continued Attainment

    The TCEQ commits to maintain an appropriate air monitoring network 
for the El Paso area throughout the 10-year maintenance period. As 
required by 40 CFR part 58.20(d), TCEQ will consult with EPA in annual 
review of the air monitoring network to determine the adequacy of the 
CO monitoring network, whether or not additional monitoring is needed, 
and if/when monitor sites can be discontinued. The TCEQ also commits to 
adhere to data quality requirements as specified in 40 CFR part 58 
Quality Assurance Requirements.
    In El Paso County, there are eight monitoring sites, each of which 
has monitored attainment with the 8-hour CO NAAQS from 2002 through 
2007. The 8-hour CO NAAQS is 9 ppm based on the three-year average of 
the fourth-highest daily maximum 8-hour CO concentration measured at 
each monitor within an area. The standard is considered to be attained 
at 9.4 parts per million (ppm). The three most recent 8-hour CO design 
values for El Paso County are 6.4 ppm for 2005, 5.4 ppm for 2006, and 
3.8 ppm for 2007.
    Texas commits to track the progress of the maintenance plan by 
continuing to periodically update the emissions inventory (EI). It will 
compare the updated EIs against the projected 2020 EIs.
    TCEQ also commits to continuing all the applicable control 
strategies, i.e., the measures approved into the El Paso SIP. For 
example, these measures include the Federal Motor Vehicle Control 
Program (FMVCP), an oxygenated fuels program, and a motor vehicle 
inspection and maintenance (I/M) program.
    Based on the above, we are approving these commitments as 
satisfying the relevant requirements and we note that this final 
rulemaking approval will render the State's commitments federally 
enforceable.

4. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. To meet this requirement, the State has 
identified appropriate contingency measures along with a schedule for 
the development and implementation of such measures. In the February 
13, 2008 submittal, Texas specifies the contingency trigger as a 
violation of the 8-hour CO standard based upon air quality monitoring 
data from the El Paso monitoring network. In the event that a monitored 
violation of the 8-hour CO standard occurs in any portion of the 
maintenance area, the State will first analyze the data to determine if 
the violation was caused by actions outside TCEQ's jurisdiction (e.g., 
emissions from Mexico or another state) or within its jurisdiction. If 
the violation was caused by actions outside TCEQ's jurisdiction, TCEQ 
will notify the EPA. If TCEQ determines the violation was caused by 
actions within TCEQ's jurisdiction, TCEQ commits to adopt and implement 
the identified contingency measures as expeditiously as practicable, 
but no later than 18 months.
    The State specifically identifies the following contingency 
measures to reattain the standard:
     Vehicle idling restrictions.
     Improved vehicle I/M.
     Improved traffic control measures.

[[Page 45168]]

     Implementation of a vanpool program using Federal 
Congestion Mitigation and Air Quality Program (CMAQ) funds.
    The maintenance plan indicates that the State may evaluate other 
potential strategies to address any future violations in the most 
appropriate and effective manner possible. Based on the above, we find 
that the contingency measures provided in the State's El Paso CO 
maintenance plan are sufficient and meet the requirements of section 
175A(d) of the CAA.

5. Subsequent Maintenance Plan Revisions

    In accordance with section 175A(b) of the CAA, Texas has committed 
to submit a revised maintenance plan eight years after our approval of 
the redesignation. This provision for revising the maintenance plan is 
contained in Chapter 5, Section 5.1 of the El Paso CO maintenance plan.
    The maintenance plan adequately addresses the five basic components 
of a maintenance plan. EPA believes that the 8-hour CO maintenance plan 
SIP revision submitted by the State of Texas for the El Paso area meets 
the requirements of Section 175A of the CAA. For more information, 
please refer to our Technical Support Document.

III. EPA's Evaluation of the Transportation Conformity Requirements

    Table 2-7 of the maintenance plan documents the motor vehicle 
emissions budget (MVEB) for the El Paso CO nonattainment area that has 
been established by this CO redesignation request. The MVEB is that 
portion of the total allowable emissions defined in the SIP revision 
allocated to on-road mobile sources for a certain date for meeting the 
purpose of the SIP, in this case maintaining compliance with the NAAQS 
in the nonattainment or maintenance area. EPA's conformity rule (40 CFR 
part 51, subpart T and part 93, subpart A) requires that transportation 
plans, programs and projects in nonattainment or maintenance areas 
conform to the SIP. The motor vehicle emissions budget is one mechanism 
EPA has identified for demonstrating conformity. Upon the effective 
date of this SIP approval, all future transportation improvement 
programs and long range transportation plans for the El Paso area will 
have to show conformity to the budgets in this plan; previous budgets 
approved or found adequate will no longer be applicable.

                 Table 2--El Paso CO MVEB for 2020 (tpd)
------------------------------------------------------------------------
                          Year                                 MVEB
------------------------------------------------------------------------
2020....................................................           29.66
------------------------------------------------------------------------

    Our analysis indicates that the above figures are consistent with 
maintenance of the CO NAAQS throughout the maintenance period. In 
accordance with EPA's adequacy process, these MVEBs were posted on 
EPA's adequacy Web site for public notice on March 19, 2008 and were 
open for comment until April 18, 2008. No comments were received during 
this period. Therefore, we are finding as adequate and approving the 
29.66 tpd for 2020 and beyond, CO emissions budget for the El Paso 
area. Budget modeling was developed for TCEQ under contract by the 
Texas Transportation Institute (TTI), utilizing El Paso travel model 
datasets developed by the El Paso Metropolitan Planning Organization. 
The modeling incorporated three onroad source control strategies that 
apply in the El Paso area: The FMVCP, the El Paso Oxygenated Fuel 
Program, and the I/M program (both detailed in Chapter 5, Section 5.4.2 
of the maintenance plan).

IV. Consideration of Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of a NAAQS or any other applicable requirement of 
the CAA. As stated above, the El Paso area has shown continuous 
attainment of the CO NAAQS since 1999 and has met the applicable 
Federal requirements for redesignation to attainment. The maintenance 
plan will not interfere with attainment or any other applicable 
requirement of the CAA. No control measures in the El Paso SIP are 
being removed.

V. Final Action

    EPA is approving the redesignation of the El Paso area to 
attainment of the 8-hour CO NAAQS, as well as approving the El Paso 
area CO maintenance plan. We also are approving the associated MVEBs.
    We have evaluated the State's submittal and have determined that it 
meets the applicable requirements of the Clean Air Act and EPA 
regulations, and is consistent with EPA policy.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial amendment and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to approve the SIP revision if relevant adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We would address all public comments in a 
subsequent final rule based on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this Action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 45169]]

     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 
action 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 October 3, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 18, 2008.
Richard E. Greene,
Regional Administrator, Region 6.


0
40 CFR parts 52 and 81 are 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 second table in paragraph (e) entitled ``EPA 
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the 
Texas SIP'' is amended by adding an entry at the end of the table to 
read as follows:
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP  provision         geographic or      submittal/     EPA approval date          Comments
                                 nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
 El Paso County Carbon Monoxide   El Paso, TX......         2/13/08   8/04/08..........
 Maintenance Plan.                                                   [Insert FR page
                                                                      number where
                                                                      document begins].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.344 is amended by revising the Carbon Monoxide table 
entry for El Paso County to read as follows:


Sec.  81.344  Texas.

* * * * *

                                             Texas--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                           Designation                        Category/classification
        Designated area        ---------------------------------------------------------------------------------
                                    Date\1\            Type                Date\1\                  Type
----------------------------------------------------------------------------------------------------------------
 El Paso El Paso County.......         8/04/08   Attainment......
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. E8-17700 Filed 8-1-08; 8:45 am]
BILLING CODE 6560-50-P