[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Rules and Regulations]
[Pages 18298-18302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9216]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0528; FRL-8895-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Reasonable Further Progress Plan, Motor Vehicle Emissions 
Budgets, and 2002 Base Year Emissions Inventory; Houston-Galveston-
Brazoria 1997 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Texas State Implementation Plan (SIP) to meet the 
Reasonable Further Progress (RFP) and Emissions Inventory requirements 
of the Clean Air Act (CAA) for the Houston-Galveston-Brazoria (HGB) 
moderate 1997 8-hour ozone nonattainment area. EPA is also approving 
the RFP motor vehicle emissions budgets (MVEBs) associated with the 
revision. EPA is approving the SIP revision because it satisfies the 
RFP and Emissions Inventory requirements for 1997 8-hour ozone 
nonattainment areas classified as moderate and demonstrates the 
required progress in reducing ozone precursors. EPA is approving the 
revision pursuant to section 110 and part D of the CAA and EPA's 
regulations.

DATES: This direct final rule will be effective June 22, 2009 without 
further notice unless EPA receives relevant adverse comments by May 22, 
2009. If adverse comments are received, EPA will publish a timely 
withdrawal of the 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-
2007-0528, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
     Follow the online instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select 
``Air'' before submitting comments.
     E-mail: Mr. 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 or Courier 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 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not 
on legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
0528. 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 during 
official business hours, by appointment, at the Texas Commission on 
Environmental Quality, Office of Air Quality, 12124 Park 35 Circle, 
Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; 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.

Outline

I. What Action Is EPA Taking?
II. What Is a SIP?
III. What Is the Background for This Action?
IV. What Is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are approving a revision to the Texas SIP, submitted to meet the 
Emissions Inventory and RFP requirements of the CAA for the HGB 
moderate 1997 8-hour ozone nonattainment area. The revision was adopted 
by the State of Texas on May 23, 2007 and submitted to EPA on May 30, 
2007. We are approving the 2002 Base Year Emissions Inventory, the 15% 
RFP plan, and the RFP 2008 MVEBs. The RFP plan demonstrates that oxides 
of nitrogen (NOX) emissions will be

[[Page 18299]]

reduced at least 15 percent for the period of 2002 through 2008. The 
volatile organic compound (VOC) MVEB is 86.77 tons per day (tpd), and 
the NOX emissions budget is 186.13 tpd. We are approving the 
SIP revision because it satisfies the Emissions Inventory and RFP 
requirements for 1997 8-hour ozone nonattainment areas classified as 
moderate, and demonstrates the necessary further progress in reducing 
ozone precursors.\1\ We are approving the MVEBs included in this plan 
because these levels of motor vehicle emissions have been shown to be 
consistent with meeting the RFP requirements. We are approving the 
revision pursuant to section 110 and part D of the CAA and EPA's 
regulations.
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    \1\ We reclassified the HGB nonattainment area too severe on 
October 1, 2008 (73 FR 56983). As a result of the reclassification, 
a revised RFP SIP is required in addition to the RFP SIP that we are 
acting on today.
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    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no relevant adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on June 22, 2009 
without further notice unless we receive relevant adverse comment by 
May 22, 2009. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the public that 
the rule will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. 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.

II. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
national ambient air quality standards (NAAQS) established by EPA. 
NAAQS are established under section 109 of the CAA and currently 
address six criteria pollutants: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    A SIP is a set of air pollution regulations, control strategies, 
other means or techniques, and technical analyses developed by the 
state, to ensure that the state meets the NAAQS. It is required by 
section 110 and other provisions of the CAA. A SIP protects air quality 
primarily by addressing air pollution at its point of origin. A SIP can 
be extensive, containing state regulations or other enforceable 
documents, and supporting information such as emissions inventories, 
monitoring networks, and modeling demonstrations. Each state must 
submit regulations and control strategies to EPA for approval and 
incorporation into the federally enforceable SIP.

III. What Is the Background for This Action?

    Inhaling even low levels of ozone, a key component of urban smog, 
can trigger a variety of health problems including chest pains, 
coughing, nausea, throat irritation, and congestion. It can also worsen 
bronchitis and asthma, and reduce lung capacity. VOC and NOX 
are known as ``ozone precursors'', as VOCs react with NOX, 
oxygen, and sunlight to form ozone. The CAA requires that areas not 
meeting the NAAQS for ozone demonstrate RFP in reducing emissions of 
ozone precursors.
    EPA promulgated, on July 18, 1997, a revised 8-hour ozone standard 
of 0.08 parts per million (ppm), which is more protective than the 
previous 1-hour ozone standard (62 FR 38855).\2\ On April 30, 2004, EPA 
published designations and classifications for the revised 1997 8-hour 
ozone standard (69 FR 23936). HGB was classified as a moderate 
nonattainment area under the 1997 8-hour ozone standard on June 15, 
2004. The HGB 1997 8-hour nonattainment area consists of Brazoria, 
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller 
counties. On November 29, 2005 (70 FR 71612), as revised on June 8, 
2007 (72 FR 31727), EPA published the Phase 2 final rule for 
implementation of the 8-hour standard that addressed, among other 
things, the RFP control and planning obligations as they apply to areas 
designated nonattainment for the 1997 8-hour ozone NAAQS. In the Phase 
1 Rule, RFP was defined in Sec.  51.900(p) as meaning for the purposes 
of the 1997 8-hour NAAQS, the progress reductions required under 
sections 172(c)(2), 182(b)(1), 182(c)(2)(B) and 182(c)(2)(C) of the 
CAA. In section 51.900(q), rate of progress (ROP), was defined as 
meaning for purposes of the 1-hour NAAQS, the progress reductions 
required under sections 172(c)(2), 182(b)(1), 182(c)(2)(B), and 
182(c)(2)(C) of the CAA (see 69 FR 23997).
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    \2\ EPA issued a revised 8-hour ozone standard on March 27, 2008 
(73 FR 16436). The designation and implementation process for that 
standard is just starting and does not affect EPA's action here.
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    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit vacated EPA's Phase 1 Rule in South Coast Air Quality 
Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). On June 8, 2007, 
in response to several petitions for rehearing, the court modified the 
scope of vacatur of the Phase 1 Rule. See 489 F.3d 1245 (DC Cir. 2007), 
cert. denied, 128 S.Ct. 1065 (2008). The court vacated those portions 
of the Phase 1 Rule that provide for regulation of the 1997 8-hour 
ozone NAAQS in some nonattainment areas under subpart 1 in lieu of 
subpart 2. The decision held that EPA must retain the following 1-hour 
ozone NAAQS measures: New source review, section 185 penalties, and 
contingency plans for failure to meet RFP and attainment milestones. 
The decision does not affect the requirements for areas classified 
under subpart 2, such as the HGB area, to submit a reasonable further 
progress plan for the 1997 8-hour ozone NAAQS. Litigation on the Phase 
2 Rule is pending before the DC Circuit Court of Appeals.
    Section 182 of the CAA and EPA's 1997 8-hour ozone regulations \3\ 
require a state, for each 1997 8-hour ozone nonattainment area that is 
classified as moderate, to submit an emissions inventory and a RFP plan 
to show how the state will reduce emissions of ozone precursors. The 
HGB moderate 1997 8-hour ozone nonattainment area has a maximum 
attainment date of June 15, 2010, that is beyond five years after 
designation. In addition, the HGB area has an approved 15% VOC Rate of 
Progress plan under the 1-hour ozone standard (November 14, 2001, 66 FR 
57160). (Rate of Progress refers to reasonable further progress for the 
1-hour ozone standard.) For a moderate area with an attainment date of 
more than five years after designation, the RFP plan must obtain a 15% 
reduction in ozone precursor emissions for the first six years after 
the baseline year (2002 through 2008).
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    \3\ Reasonable further progress regulations are at 40 CFR 
51.910, and emissions inventory regulations are at 40 CFR 51.915.
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    Pursuant to CAA section 172(c)(9), RFP plans must include 
contingency measures that will take effect without further action by 
the state or EPA, which includes additional controls that would be 
implemented if the area fails to reach the RFP milestones. While the 
CAA does not specify the type of measures or quantity of emissions

[[Page 18300]]

reductions required, EPA provided guidance interpreting the CAA that 
implementation of these contingency measures would provide additional 
emissions reductions of up to 3% of the adjusted base year inventory 
(or a lesser percentage that will make up the identified shortfall) in 
the year following the RFP milestone year. For more information on 
contingency measures, please, see the April 16, 1992 General Preamble 
(57 FR 13498, 13510) and the November 29, 2005 Phase 2 8-hour ozone 
standard implementation rule (70 FR 71612, 71650). RFP plans must also 
include MVEBs, which are the allowable on-road mobile emissions an area 
can produce and continue to demonstrate RFP.
    On May 23, 2007 Texas adopted as a SIP revision the RFP plan for 
the HGB area and submitted it to us on May 30, 2007. The plan documents 
a 15% NOX emission reduction in the HGB nonattainment area 
for the period between 2002 and 2008, and includes a 2002 baseline 
emissions inventory, MVEBs for 2008, and contingency measures. On June 
15, 2007, we received a request from Governor Perry seeking voluntary 
reclassification of the HGB area. The Governor requested that we 
reclassify the HGB area from a moderate nonattainment area to a severe 
nonattainment area under the 8-hour ozone standard. We reclassified the 
area to severe on October 1, 2008 (73 FR 56983). Reclassification of 
the area to severe will require Texas to develop and submit a revised 
RFP SIP. For an area classified as severe, the required emissions 
reductions for VOC and/or NOX are 18% for the six-year 
period following the baseline emissions inventory year (2002), and an 
average of 3% per year for all remaining three-year periods after the 
first six-year period out to the area's attainment date (40 CFR 
51.910(a)(1)(B)). The reclassification to severe set a new attainment 
date as expeditiously as practicable, but no later than June 15, 2019. 
Therefore, the revised RFP plan will have to address the years post 
2008. Today's action addresses the plan for moderate ozone 
nonattainment area requirements for the years 2002 to 2008.

IV. What Is EPA's Evaluation of the Revision?

    EPA has reviewed the revision for consistency with the requirements 
of EPA regulations. A summary of EPA's analysis is provided below. For 
a full discussion of our evaluation, please see our TSD.

A. Texas Has an Approvable Base Year Emissions Inventory

    CAA sections 172(c)(3) and 182(a)(1) require an inventory of actual 
emissions from all sources of relevant pollutants in the nonattainment 
area. Texas has developed a 2002 base year emissions inventory for the 
HGB nonattainment area. The 2002 base year emissions inventory includes 
all point, area, non-road mobile, and on-road mobile source emissions. 
EPA reviewed the emission inventory and determined that it is 
approvable because it was developed in accordance with EPA guidance on 
emission inventory preparation. Table 1 lists the 2002 base year 
emissions inventory for the HGB area. For more detail on how emissions 
inventories were estimated, see the TSD.

           Table 1--HGB 2002 RFP Base Year Emissions Inventory
------------------------------------------------------------------------
                  2002 Base year inventory  (tons/day)
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                  Source type                       NOX          VOC
------------------------------------------------------------------------
Point.........................................       339.48       297.12
Area..........................................        40.15       219.51
On-road Mobile................................       283.20       114.30
Non-road Mobile...............................       167.74       112.37
                                               -------------------------
    Total.....................................       830.57       743.30
------------------------------------------------------------------------

B. Adjusted Base Year Inventory and 2008 RFP Target Levels

    The 2002 base year emissions inventory referenced above is the 
starting point for calculating RFP. Next, CAA section 182(b)(2)(C) 
explains that the baseline from which emission reductions are 
calculated should be determined as outlined pursuant to section 
182(b)(1)(B). Section 182(b)(1)(B) and 40 CFR 51.910 require that the 
base year inventory must be adjusted to exclude certain emissions 
specified in section 182(b)(1)(D). This requires that the baseline 
exclude emission reductions due to Federal Motor Vehicle Control 
Programs (FMVCP) promulgated by the Administrator by January 1, 1990, 
and emission reductions due to the regulation of Reid Vapor Pressure 
promulgated by the Administrator prior to the enactment of the Clean 
Air Act Amendments of 1990. These measures are not creditable.
    The result (after the adjustment) is the ``adjusted base year 
inventory.'' The required RFP 15% reduction is calculated by 
multiplying the adjusted base year inventory by 0.15. This figure is 
subtracted from the adjusted base year inventory, resulting in the 
target level of emissions for the milestone year (2008). Table 2 
features a summary of the adjusted base year inventory (row c), 
required 15% reductions (row d), and 2008 target level of emissions 
(row e), as described above. Texas relied on reductions of 
NOX emissions to demonstrate RFP.

   Table 2--Calculation of HGB Required NOX Target Level of Emissions
------------------------------------------------------------------------
                                                            NOX  (tons/
                       Description                             day)
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a. 2002 Emission Inventory..............................          830.57
b. Non-creditable Reductions, 2002-2008.................           42.20
c. 2002 Adjusted to 2008 (a-b)..........................          788.37
d. 15% Reductions (c x 0.15)............................          118.26
e. 2008 Target (c-d)....................................          670.11
------------------------------------------------------------------------

C. The 2008 Projected Emissions Inventories and How the Total Required 
15% Reductions Are Achieved

    Next, section 182(b)(1)(A) requires that states need to provide 
sufficient control measures in their RFP plans to offset any emissions 
growth. To do this the state must estimate the amount of growth that 
will occur between 2002 and the end of 2008. The state uses population 
and economic forecasts to estimate how emissions will change in the 
future. Generally, Texas followed our standard guidelines in estimating 
the growth in emissions. EPA's MOBILE 6.2.03 model was used to develop 
the 2008 on-road inventory. For more detail on how emissions growth was 
estimated, see the TSD. Texas terms the projections of growth as the 
RFP 2008 Uncontrolled Inventories.
    Texas then estimates the projected emission reductions from the 
control measures in place between 2002 and the end of 2008 and applies 
these to the RFP 2008 Uncontrolled Inventories; the results are the RFP 
2008 Controlled Inventories. The total amount of NOX 
emissions in the RFP 2008 Controlled Inventories must be equal to or 
less than the 2008 target inventories (listed at row e in Table 2 
above). The RFP plan relies on a number of state and federal control 
measures intended to reduce NOX emissions. The control 
measures address emissions from point, area, mobile non-road, and 
mobile on-road sources.
    The majority of point source NOX reductions are from the 
mass emissions cap and trade (MECT) program for utility boilers, 
turbines, duct burners, heaters and furnaces, IC engines, and 
industrial boilers. The HGB area did not rely upon any area source 
controls for NOX reductions.

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    Non-road emission reductions are from federal controls on non-road 
engines. The mobile non-road emission reductions were estimated using 
the NONROAD 2005 model, with customized data files to reflect emissions 
generated by non-road mobile equipment in Texas. Emissions from 
locomotives, aircraft and support equipment, and commercial marine 
vessels were calculated outside of the NONROAD 2005 model using EPA 
approved methodologies. EPA finds that Texas' projected emissions and 
emission reductions for these three non-road mobile sources are 
acceptable.
    Reductions in mobile on-road emissions resulted from the post-1990 
FMVCP, reformulated gasoline, Texas' inspection and maintenance 
program, and the Texas low emission diesel program. Each of the State 
measures relied upon in this plan have been approved in separate 
actions. See the TSD for more details.
    As a result, for NOX the target level of emissions is 
670.11 tpd, and the 2008 projected emissions inventory (after RFP 
reductions are applied) is 553.96 tpd. Since all reductions are 
accomplished with NOX reductions, there is no VOC reduction 
requirement for the area. As illustrated in Table 3, the 2008 
projection inventory after RFP reductions is less than the target level 
of emissions. Therefore, the control measures included in the 2008 
projected emissions are adequate to meet the 15% RFP requirement.

              Table 3--Summary of RFP Demonstration for HGB
------------------------------------------------------------------------
                 Inventory                         NOX  (tons/day)
------------------------------------------------------------------------
2008 Target................................  670.11.
2008 Uncontrolled Emissions................  1026.63.
2008 RFP Emission Reductions...............  472.67.
2008 Projected Emissions after RFP           553.96.
 Reductions.
RFP Met?...................................  Yes.
------------------------------------------------------------------------

D. The Reasonable Further Progress Plan Includes Acceptable RFP 
Contingency Measures

    The 1997 8-hour ozone RFP plan for a moderate nonattainment area 
must include contingency measures, which are additional controls to be 
implemented if the area fails to make reasonable further progress. 
Contingency measures are intended to achieve reductions over and beyond 
those relied on in the RFP demonstration and could include federal and 
state measures already scheduled for implementation. The CAA does not 
preclude a state from implementing such measures before they are 
triggered. EPA interprets the CAA to require sufficient contingency 
measures in the RFP submittal, so that upon implementation of such 
measures, additional emission reductions of up to 3% of the adjusted 
base year inventory (or a lesser percentage that will make up the 
identified shortfall) would be achieved between the milestone year of 
2008 and the next calendar year, i.e., 2009.
    Texas used federal and state measures currently being implemented 
to meet the contingency measure requirement for the HGB RFP SIP. These 
measures, which are the same measures used for RFP, provide reductions 
that are in excess of those needed for RFP. As shown in Table 4, the 
excess reductions are greater than 3% of the adjusted base year 
inventory. Therefore these reductions are sufficient as contingency 
measures.

     Table 4--RFP Contingency Measure Demonstration for HGB RFP SIP
------------------------------------------------------------------------
                Description                        NOX  (tons/day)
------------------------------------------------------------------------
a. Adjusted Base Year Inventory (from Table  788.37.
 2).
b. 3% Needed for Contingency (a x 0.03)....  23.65.
c. Excess Reductions Used for Contingency..  47.25.
d. Contingency Met?........................  Yes.
------------------------------------------------------------------------

E. The RFP Milestone 2008 MVEBs Are Approvable

    The 1997 8-hour ozone RFP plan must include MVEBs for 
transportation conformity purposes. The MVEB is the mechanism to 
determine if the future transportation plans conform to the SIP. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, delay 
reaching reasonable further progress milestones, or delay timely 
attainment of the NAAQS. A MVEB is the maximum amount of emissions 
allowed in the SIP for on-road motor vehicles. The MVEB establishes an 
emissions ceiling for the regional transportation network. The HGB RFP 
SIP contains VOC and NOX MVEBs for the RFP milestone year 
2008. The emissions budget for VOC is 86.77 tpd, and the NOx emissions 
budget is 186.13 tpd. On-road emissions must be shown in future 
transportation plans to be less than the MVEBs for 2008 and subsequent 
years. The VOC and NOX RFP emissions budgets are acceptable: 
when added to the other components of the 2008 emissions inventory 
(including non-road, stationary source, and area source emissions), the 
total level of emissions is below the 2008 RFP emissions target level. 
We found the RFP MVEBs (also termed transportation conformity budgets) 
adequate, and on June 28, 2007, the availability of these budgets was 
posted on our Web site for the purpose of soliciting public comments. 
The comment period closed on July 30, 2007, and we received no 
comments. On March 21, 2008, we published the Notice of Adequacy 
Determination for these RFP MVEBs (73 FR 15152). Once determined 
adequate, these RFP budgets must be used in future HGB transportation 
conformity determinations. The adequacy determination represents a 
preliminary finding by EPA of the acceptability of the MVEBs. Today, we 
are finding the MVEBs are fully consistent with RFP, and the RFP plan 
is fully approvable, as it sets the allowable on-road mobile emissions 
the HGB area can produce and continue to demonstrate RFP.

V. 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 18302]]

     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. 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 June 22, 2009. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: April 10, 2009.
Lawrence E. Starfield,
Acting 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 two new entries to the end of the table for 
``Approval of the 1997 8-hour Ozone 15% Reasonable Further Progress 
Plan, and 2008 RFP Motor Vehicle Emission Budgets'' and ``2002 Base 
Year Emissions Inventory'', for the Houston-Galveston-Brazoria, TX 
area. The additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Approval of the 1997 8-hour Ozone  Houston-Galveston-         05/23/07  04/22/09 [Insert FR  ...................
 15% Reasonable Further Progress    Brazoria, TX.                        page number where
 Plan, and 2008 RFP Motor Vehicle                                        document begins].
 Emission Budgets.
2002 Base Year Emissions           Houston-Galveston-         05/23/07  04/22/09 [Insert FR  ...................
 Inventory.                         Brazoria, TX.                        page number where
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-9216 Filed 4-21-09; 8:45 am]
BILLING CODE 6560-50-P