[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Proposed Rules]
[Pages 25794-25798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9720]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0009; FRL-7912-6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Clean Air Action Plan and Attainment Demonstration for the
Northeast Texas Early Action Compact Area; Agreed Orders Regarding
Control of Air Pollution for the Northeast Texas Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve Texas State Implementation Plan
(SIP) revisions submitted by the State on July 18, 2002 and December 6,
2004. Approval will incorporate the following changes into the SIP: The
Clean Air Action Plan (CAAP) and the related attainment demonstration
of the 8-hour ozone standard for the Northeast Texas Early Action
Compact (EAC) area and Agreed Orders regarding control of air pollution
for the Northeast Texas area. We are proposing approval pursuant to
sections 110 and 116 of the Federal Clean Air Act (CAA). The revisions
will contribute to improvement in air quality and continued attainment
of the national ambient air quality standards (NAAQS) for ozone in
Northeast Texas.
DATES: Written comments should be received on or before June 15, 2005.
ADDRESSES: Submit your comments, identified by Regional Materials in
EDocket (RME) ID No. R06-OAR-2005-TX-0009, by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. Regional
Materials in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. 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. Thomas Diggs 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. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Thomas Diggs, 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 except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to RME ID No. R06-OAR-2005-TX-
0009. EPA's policy is that all comments received will be included in
the public file without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through Regional Materials in EDocket (RME), regulations.gov or e-mail
if you believe that it is CBI or otherwise protected from disclosure.
The EPA RME Web site and the Federal regulations.gov Web site are
``anonymous access'' systems, 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 RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public file 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.
[[Page 25795]]
Electronic files should avoid the use of special characters and any
form of encryption, and should be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
Regional Materials in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure 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 materials relevant to this
rulemaking are available either electronically in RME or in the
official file, which is available at the Air Planning Section (6PD-L),
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. The file will be made available by appointment for
public inspection in the Region 6 FOIA Review Room between the hours of
8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or
Mr. Bill Deese at 214-665-7253 to make an appointment. If possible,
please make the appointment at least two working days in advance of
your visit. There will be a 15 cents per page fee for making
photocopies of documents. On the day of the visit, please check in at
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas,
Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone 214-665-6645; fax number 214-
665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we''
``us'' or ``our'' is used, we mean the EPA.
Outline
I. What Action Is EPA Proposing?
II. What Is an EAC?
III. What Is a SIP?
IV. What Is the Content of the Northeast Texas EAC Attainment
Demonstration?
V. Why Are We Proposing To Approve This EAC SIP Submittal?
VI. What Measures Are Included in This EAC SIP Submittal?
VII. What Happens if the Area Does Not Meet the EAC Milestones?
VIII. What Do the Agreed Orders Require?
IX. Proposed Action
X. Statutory and Executive Order Reviews
I. What Action Is EPA Proposing?
We are proposing to approve two revisions to the Texas SIP that
pertain to Northeast Texas under sections 110 and 116 of the CAA as a
strengthening of the SIP. One revision was submitted by the State to
EPA on December 6, 2004, in accordance with the area's EAC. This
revision incorporates the CAAP and the related attainment demonstration
of the 8-hour ozone standard for the Northeast Texas EAC area. The
Northeast Texas EAC area includes Gregg, Harrison, Rusk, Smith, and
Upshur Counties. On December 20, 2002, a coalition of local stakeholder
groups known as North East Texas Air Care (NETAC), including
representatives from the EAC Counties, the Cities of Gilmer, Henderson,
Kilgore, Longview, Marshall, and Tyler, and the East Texas Council of
Governments (ETCOG), signed an EAC with the Texas Commission on
Environmental Quality (TCEQ) and EPA. The purpose of the EAC was to
develop and implement a CAAP that identifies and implements emission
reductions necessary to demonstrate attainment of the 8-hour ozone
standard by 2007 and maintain the standard in the region through at
least 2012. The EAC includes milestones that tracks implementation of
the CAAP. On April 15, 2004, EPA designated the Northeast Texas EAC
area as attainment for the 8-hour ozone standard. See 69 FR 23858.
The second revision was submitted by the State to EPA on July 18,
2002. The revision includes Agreed Orders between TCEQ (formerly Texas
Natural Resources Conservation Commission) and (1) American Electric
Power Company (AEP), (2) TXU Generation Company LP (TXU) and (3)
Eastman Chemical Company adopted by the State as emission reduction
measures to facilitate attainment of the 1-hour ozone standard. An
Agreed Order is an enforceable agreement between a regulated entity and
a government regulator. The Agreed Orders require control of nitrogen
oxide emissions which contribute to the formation of ozone in the
Northeast Texas area. Our approval of the Agreed Orders into the Texas
SIP would make them federally enforceable.
II. What Is an EAC?
The EAC program was developed to allow communities an opportunity
to meet the new stricter 8-hour ozone standard sooner than the CAA
requires for reducing ground level ozone. The EAC program was designed
for areas that approach or monitor exceedances of the 8-hour ozone
standard, but are in attainment for the 1-hour ozone standard. Areas
that adopted EACs must establish a CAAP, meet other established
milestones, and attain the 8-hour ozone standard by December 31, 2007.
The compact is a voluntary agreement between local communities, State
and Tribal air quality officials, and EPA which allows States and local
entities to make decisions that will accelerate meeting the new 8-hour
ozone standard using locally tailored pollution controls instead of
Federally mandated control measures. Early planning and early
implementation of control measures that improve air quality will likely
accelerate protection of public health. The EPA believes the EAC
program provides an incentive for early planning, early implementation,
and early reductions of air emissions in the affected areas, thus
leading to an expeditious attainment and maintenance of the 8-hour
ozone standard.
Communities with EACs will have plans in place to reduce air
pollution at least two years earlier than required by the CAA. In
December 2002, a number of States submitted compact agreements pledging
to reduce emissions earlier than required for compliance with the 8-
hour ozone standard. These States and local communities had to meet
specific criteria, and agreed to meet certain milestones for
development and implementation of the compact. States with communities
participating in the EAC program had to submit implementation plans for
meeting the 8-hour ozone standard by December 31, 2004, rather than
June 15, 2007, the deadline for all other areas not meeting the 8-hour
standard. The EAC program required communities to develop and implement
air pollution control strategies, account for emissions growth, and
demonstrate their attainment and maintenance of the 8-hour ozone
standard. For more information on the EAC program see section V of our
December 16, 2003 publication entitled ``Deferral of Effective Date of
Nonattainment Designations for 8-hour Ozone National Ambient Air
Quality Standards for Early Action Compact Areas'' (68 FR 70108).
On April 15, 2004, EPA designated all areas for the 8-hour ozone
standard. EPA designated the Northeast Texas EAC area as attainment for
the 8-hour ozone standard. The EPA deferred the effective date of
nonattainment
[[Page 25796]]
designations for other EAC areas that were violating the 8-hour
standard, but continue to meet the compact milestones. We announced the
details of this deferral on April 15, 2004 as part of the Clean Air
Rules of 2004. See our April 30, 2004 (69 FR 23858), publication
entitled ``Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact
Areas with Deferred Effective Dates.''
III. What Is a SIP?
A SIP is a set of air pollution regulations and control strategies
developed by the state, to ensure that the state meets the National
Ambient Air Quality Standards (NAAQS). These ambient standards are
established under section 109 of the CAA and they currently address six
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. The SIP is required by section
110 of the CAA. These SIPs can be extensive, containing state
regulations or other enforceable documents and supporting information
such as emission inventories, monitoring networks, and modeling
demonstrations.
IV. What Is the Content of the Northeast Texas EAC Attainment
Demonstration?
In support of this proposal, ETCOG conducted an ozone photochemical
modeling study developed for the Northeast Texas EAC area. The
photochemical modeling attainment demonstration includes: (1) Analyses
which estimate whether selected emissions reductions will result in
ambient concentrations that meet the 8-hour ozone standard in the
Northeast Texas EAC area and (2) an identified set of measures which
will result in the required emissions reductions. See our Technical
Support Document (TSD) for a description of the control measures. The
demonstration incorporates the effects of population and industry
growth as well as national and statewide control measures or programs
required to be in place by 2007 and 2012. The modeled attainment test
is passed if all resulting predicted future design values are less than
85 parts per billion (ppb). The design value is the three year average
of the annual fourth highest 8-hour ozone readings. The attainment
demonstration for the Northeast Texas area was supported by results of
photochemical modeling and technical documentation. The modeling study
demonstrates that the 8-hour ozone standard will continue to be
attained by 2007 and maintained through 2012. The modeling analyses
were further supported by some of the weight of evidence analyses that
were evaluated for the Northeast Texas area.
We believe this study meets our modeling requirements and
guidelines, including such items as the base year inventory
development, the growth rate projections, and the performance of the
model. See our TSD for more information about this modeling study, the
weight of evidence analyses, and our evaluation of these items. The
modeling submitted in support of this proposal demonstrates that the
Northeast Texas EAC area will be in attainment with the 8-hour ozone
NAAQS in 2007. The attainment demonstration modeling results for the
Northeast Texas EAC area predict a maximum ozone design value of 81 ppb
for 2007, which is well below the 8-hour ozone limit of 85 ppb. See
section VI of this document for a list of local control measures that
were not included in the modeling study, but will be implemented within
the Northeast Texas EAC area.
V. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because
implementation of the requirements in this EAC will help ensure the
Northeast Texas EAC area's compliance with the 8-hour ozone standard by
December 31, 2007 and maintenance of that standard through 2012. We
have determined that the CAAP control measures included in the
attainment demonstration are quantified, surplus, permanent, and, if
approved, will be federally enforceable SIP revisions. We have reviewed
the CAAP and the attainment demonstration and determined that they are
consistent with the requirements of the CAA, EPA's policy, and the EAC
protocol. Our TSD contains detailed information concerning this
proposed rulemaking action.
VI. What Measures Are Included in This EAC SIP Submittal?
The modeled attainment demonstration includes state and national
emission reduction control measures. See the Modeling TSD for details.
The CAAP incorporated into the Northeast Texas EAC SIP also includes:
(1) Two local control measures to reduce VOC emissions for the Eastman
Chemical Company and the Huntsman Chemical Company plants in Longview,
Texas and (2) a number of local control measures that were not included
in the modeled attainment demonstration. These measures are in addition
to any reductions necessary to demonstrate attainment with the 8-hour
ozone standard by 2007. Local control measures included in the
Northeast Texas EAC SIP submittal are being implemented to ensure
nitrogen oxide and volatile organic compound (VOC) emission reductions.
Emissions of these chemicals can react with sunlight to form ozone. All
of these control measures are being implemented as called for in the
EAC.
Two local control measures which are enforceable through TCEQ air
permits are enhanced leak detection and repair programs to control VOC
emissions for the Eastman Chemical Company and the Huntsman Chemical
Company plants in Longview, Texas. The Eastman Chemical Company program
is enforceable under Texas Voluntary Emissions Reduction Permits 47007,
48588, and 48590. The Huntsman Chemical Company program is enforceable
under Texas Flexible Plant-wide Applicability Limit Permit 18105. These
programs should reduce highly reactive VOC emissions by 0.63 tons per
day for the Eastman Chemical Company plant and 0.08 tons per day for
the Huntsman Chemical Company plant. Copies of these permits may be
obtained from TCEQ.
Local control measures that were not included in the modeled
attainment demonstration, but which are being implemented to lower
emissions in the area are: (1) Implementation of the Texas Emissions
Reduction Plan (TERP), (2) use of 18 lower emitting propane light
heavy-duty vans purchased in 2003 and 2004, (3) a public education and
ozone awareness program and (4) energy efficiency programs for the
Cities of Longview, Marshall, and Tyler.
TERP is a set of incentive programs aimed at improving air quality
in Texas. TERP provides funding to offset the incremental costs of
projects associated with reducing nitrogen oxide emissions from high-
emitting internal combustion engines. Projects in the Northeast Texas
EAC area are eligible for TERP funding. Texas has allocated funding for
up to 1.5 tons per day of nitrogen oxide reductions in the Northeast
Texas EAC area by 2007.
Eighteen new lower emitting propane heavy-duty vans were purchased
in 2003 and 2004 for the ETCOG Rural Transportation Program, the City
of Longview, and Tyler Transit. Use of these vans will reduce VOC and
nitrogen oxide emissions.
ETCOG is implementing a public education and ozone awareness
program for the Northeast Texas area. The purpose of the program is to
encourage practices that reduce emissions that lead to ozone formation.
It includes: (1) An
[[Page 25797]]
ozone watch and warning communications network, (2) a NETAC Web site
(http://www.netac.org), (3) school programs and teacher training and
(4) distribution of public information and educational materials.
The Cities of Longview, Marshall, and Tyler are implementing energy
efficiency programs. These programs can reduce the demand for
electricity and thus reduce emissions from electric generating power
plants.
EPA has determined that the control measures included in the
attainment demonstration are consistent with the requirements of the
EPA Protocol for EAC control strategies in that the measures are
specific, quantified, permanent, and, if approved by EPA, will be
federally enforceable SIP revisions. In accordance with the EAC, the
signatories will review all EAC activities and report results in their
semi-annual reports. The control measures in the CAAP approved through
this SIP revision will provide reductions in nitrogen oxides
(NOX) and volatile organic compounds (VOCs), which are
precursors to and aid in the formation of ozone, in the Northeast Texas
EAC area.
Finally, per the EAC protocol, an emissions inventory was developed
for the year 2012. The 2012 inventory show that anthropogenic emissions
of both nitrogen oxides and VOCs decrease from 2007 to 2012, as the
result of locally implemented control measures and Federal emissions
control programs for vehicles. This decrease in emissions is additional
evidence that the Northeast Texas EAC area will maintain the 8-hour
ozone standard through 2012.
VII. What Happens if the Area Does Not Meet the EAC Milestones?
On April 15, 2004 EPA designated the Northeast Texas EAC area as
attainment for the 8-hour ozone standard. We believe the local and
State signatories of the EAC area will continue to meet their
commitments to reduce ozone pollution. The EAC signatories are required
to review all CAAP commitments and report progress in semi-annual
reports beginning in June 2005. The semi-annual report will provide a
description of whether the area continues to implement its control
measures, the emissions reductions being achieved by the control
measures, and the improvements in air quality that are being made. The
report will track and document, at a minimum, control strategy
implementation and results, monitoring data and future plans. Ongoing,
updated emissions inventories and modeling analyses will be included as
they become available. After each semi-annual review, additional
control measures may be considered and, if necessary, adopted through
revisions to the SIP.
The measures outlined in the submittal provide sufficient
information for us to conclude that the Northeast Texas EAC area will
complete each EAC milestone and the actions agreed upon in the CAAP.
However, one of the principles of the EAC protocol is to provide
safeguards to return areas to traditional SIP requirements should an
area fail to comply with the terms of the compact. If a milestone is
missed and the area is still in attainment of the 8-hour ozone
standard, we would take action to propose and promulgate a finding of
failure to meet the milestone, but the ozone attainment designation and
approved SIP elements would remain in effect. If the area has a
violation of the 8-hour standard and a milestone is missed, we would
also consider factors in section 107(d)(3)(A) of the Act in deciding
whether to redesignate the area as nonattainment for the 8-hour ozone
NAAQS. See 69 FR 23858, 23871.
VIII. What Do the Agreed Orders Require?
In 2001 Texas and NETAC developed an early SIP to facilitate
attainment of the 1-hour ozone standard in Northeast Texas. They worked
with AEP, TXU, and Eastman Chemical Company to develop Agreed Orders to
require reductions of nitrogen oxide emissions. Our approval of the
Agreed Orders into the Texas SIP would make them federally enforceable.
The Agreed Order for AEP, (Agreed Order 2001-0878-RUL), requires
the company to limit nitrogen oxide emissions at their Knox Lee,
Pirkey, and Wilkes electric generating plants. These plants are located
in Gregg, Harrison, and Cass Counties, respectively. The Agreed Order
calls for the company to implement several projects to reduce nitrogen
oxide emissions. It specifies 30 day rolling average nitrogen oxide
emission rates to be achieved at Knox Lee Plant Unit number 5, Wilkes
Plant Unit numbers 2 and 3, and the Pirkey Plant. ``Thirty day rolling
average'' means an average, calculated for each day that fuel is
combusted in a unit, of all the hourly emissions data for the preceding
30 days that fuel was combusted in the unit. A nitrogen oxide emission
rate of 0.18 pounds per million British Thermal Units (lb/mmBtu) will
be achieved at Knox Lee Plant Unit number 5. Wilkes Plant Unit numbers
2 and 3 will each achieve a nitrogen oxide emission rate of 0.17 lb/
mmBtu. The Pirkey Plant will achieve a nitrogen oxide emission rate of
0.22 lb/mmBtu. As an alternative to achieving the reductions at the
Knox Lee and Wilkes plants, AEP is allowed to achieve equivalent
reductions at the Pirkey plant, in excess of the 30 day rolling average
nitrogen oxide emission rate of 0.22 lb/mmBtu. As an alternative to
completing any of the projects to achieve the nitrogen oxide emission
reductions AEP may propose to the State projects that would achieve
equivalent emissions reductions. Additionally, as an alternative to
achieving the nitrogen oxide emission reductions at the Wilkes and Knox
Lee plants, AEP may propose to the State projects that would achieve
equivalent emissions reductions at the Pirkey Plant. TCEQ will evaluate
alternative proposals under 30 TAC Chapter 115, Subchapter J. This
process requires public notification of proposals and was approved by
EPA on May 22, 1997 (62 FR 27964).
The Agreed Order for TXU, (Agreed Order 2001-0879-RUL), requires
TXU to limit nitrogen oxide emissions at their Martin Lake and
Monticello electric generating plants. These plants are located in Rusk
and Titus Counties, respectively. The Agreed Order calls for the
company to operate low nitrogen oxide technology on the three primary
generating units at each plant in order to reduce nitrogen oxide
emissions. It specifies that operation of the three primary generating
units at each plant will achieve a 30 day rolling average nitrogen
oxide emission rate of 0.2 lb/mmBtu. As an alternative to operating the
low nitrogen oxide technology and achieving the nitrogen oxide emission
reductions on the three primary generating units at each plant the
company may propose to the State alternative projects that would
achieve equivalent emissions reductions. TCEQ will evaluate alternative
proposals under 30 TAC Chapter 115, Subchapter J.
The Agreed Order for Eastman Chemical Company, (Agreed Order 2001-
0880-RUL), requires the company to make changes that will reduce
nitrogen oxide emissions at their chemical and plastics manufacturing
plant in Longview, Texas. The Agreed Order specifies that the company
will: (1) Shut down one cooling tower engine, (2) commit one older
natural gas fired engine to serve only in a back-up service capacity,
restrict its operation to 2,190 hours annually and track its operating
time, (3) shut down five older natural gas fired engines, (4) shut down
ten gas reformer furnaces and (5) shut down two synthesis gas heaters.
In order to re-start any facility that was shut down
[[Page 25798]]
under this agreement, Eastman may propose to the State one or more
alternative projects that would achieve equivalent emissions
reductions. TCEQ will evaluate alternative proposals under 30 TAC
Chapter 115, Subchapter J.
IX. Proposed Action
EPA is proposing to approve revisions to the Texas SIP pertaining
to the Northeast Texas area. These revisions pertain to (1) the CAAP
for the Northeast Texas EAC area and the related attainment
demonstration of the 8-hour ozone standard for the EAC area and (2)
Agreed Orders regarding control of air pollution for the Northeast
Texas area. The revisions will contribute to improvement in air quality
and continued attainment of the NAAQS for ozone in Northeast Texas. We
have evaluated the State's submittal and have determined that it meets
the applicable requirements of the CAA and EPA air quality regulations,
and is consistent with EPA policy and the EAC protocol.
X. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
This proposed 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 proposes to approve 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
proposed 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 actions, 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 proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 6, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-9720 Filed 5-13-05; 8:45 am]
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