[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Rules and Regulations]
[Pages 48642-48645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16489]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R06-OAR-2005-TX-0009; FRL-7956-1]
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: Final rule.
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SUMMARY: EPA is approving revisions to the Texas State Implementation
Plan (SIP) submitted on July 18, 2002 and December 6, 2004. Approval
will incorporate the following changes into the SIP: the Clean Air
Action Plan (CAAP), a demonstration of attainment and maintenance for
the 8-hour ozone national ambient air quality standard (NAAQS) in the
Northeast Texas Early Action Compact (EAC) area, and the associated
control measures. EPA is approving the photochemical modeling in
support of the attainment demonstration for the 8-hour ozone standard
within the Northeast Texas EAC area. These actions strengthen the SIP
in accordance with sections 110 and 116 of the Federal Clean Air Act
(CAA) and will result in emission reductions needed to help ensure
attainment and maintenance of the 8-hour ozone NAAQS in Northeast
Texas.
DATES: This rule is effective on September 19, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Materials in EDocket (RME) Docket ID No. R06-OAR-2005-TX-0009. All
documents in the docket are listed in the Regional Materials in EDocket
(RME) index at http://docket.epa.gov/rmepub/; once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Although listed in the index, some information
is not publicly available, i.e., CBI or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in RME or in hard copy at
the Air Planning Section (6PD-L), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at (214) 665-7253
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cents per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: 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 Taking?
II. What Comments Did EPA Receive on the May 16, 2005 Proposed
Rulemaking for Northeast Texas?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
Today we are approving the two revisions submitted by the State on
July 18, 2002, and December 6, 2004, into the Texas SIP that pertain to
Northeast Texas under sections 110 and 116 of the CAA. The revisions
demonstrate continued attainment and maintenance of the 8-hour ozone
standard within the Northeast Texas EAC area. The 2004 revision
includes the CAAP and the photochemical modeling. The 2002 revision
pertains to the related control measures relied upon in the modeling
and are Agreed Orders regarding control of air pollution for the
Northeast Texas area by (1) American Electric Power Company, (2) TXU
Generation Company LP and (3) Eastman Chemical Company.
[[Page 48643]]
The intent of the SIP revisions is to reduce ozone pollution and
thereby maintain the 8-hour ozone standard.
On May 16, 2005, EPA proposed approval of the Northeast Texas EAC
area's CAAP, the photochemical modeling in support of the attainment
demonstration, and related control measures as revisions to the SIP
submitted to EPA by the State of Texas. The proposal provides a
detailed description of each of these revisions and the rationale for
each of EPA's proposed actions, together with a discussion of the
opportunity to comment. For more information, see the Technical Support
Documents or our proposal at 70 FR 25794. The public comment period for
these actions closed on June 15, 2005. One adverse comment letter was
received on EPA's proposed approval of the Northeast Texas EAC Plan and
8-hour ozone attainment demonstration for the EAC area.
II. What Comments Did EPA Receive on the May 16, 2005 Proposed
Rulemaking for Northeast Texas?
We received one comment letter on the May 16, 2005 proposed
rulemaking for Northeast Texas. The letter provided both supportive and
adverse comments. The commenter commends the State of Texas for steps
it has taken to improve air quality. The commenter states that they
oppose approval of the SIP revision because, should the Northeast Texas
EAC area experience a violation of the 8-hour ozone standard, the SIP
revision (1) provides for the deferment of the area's nonattainment
designation to as late as December 31, 2007, and (2) relieves the area
of its obligations under Title I, Subpart D of the CAA. The commenter
contends that EPA does not have the legal authority to defer the
effective date of an area's nonattainment designation nor to relieve
areas of the obligations of Part D of Title I of the CAA when areas are
violating the standard and designated nonattainment.
Response: We appreciate the support expressed towards the State of
Texas and towards the efforts made to ensure that the citizens in the
Northeast Texas area continue to breathe clean air. We continue to
believe that the EAC program, as designed, gives Northeast Texas the
flexibility to develop their own approach to maintaining the 8-hour
ozone standard and believe Northeast Texas is serious in their
commitment to control emissions from local sources. By involving
diverse stakeholders, including representatives from industry, local
and State governments, and local environmental and citizen groups, the
Northeast Texas area is implementing regional cooperation in solving
air quality problems that affect the health and welfare of its
citizens. Through implementation of the plan, people living in the
Northeast Texas EAC area will realize reductions in pollution levels
and enjoy the health benefits of cleaner air sooner than might
otherwise occur.
In the April 2004 designation rule (69 FR 23858), the Northeast
Texas EAC area was designated as attainment for the 8-hour ozone NAAQS.
The commenter incorrectly asserts that this SIP revision provides for
deferment of the designation of the area as nonattainment should the
area experience a violation of the 8-hour ozone standard. Nor does
EPA's approval of this SIP alter the applicability of the redesignation
provision of the Act should the Northeast Texas EAC area experience a
violation of the 8-hour ozone NAAQS in the future. Section 107(d)(3)(A)
provides that EPA may redesignate an area ``on the basis of air quality
data, planning and control considerations, or any other air quality-
related considerations.'' Should the Northeast Texas EAC area
experience a violation of the 8-hour ozone NAAQS in the future, EPA
would consider these statutory factors in determining whether to
redesignate the area to nonattainment for the 8-hour ozone NAAQS. The
commenter is also incorrect that this SIP approval relieves the
Northeast Texas EAC area of the requirements of Part D of Title I of
the Act. These provisions apply to areas designated nonattainment.
Because the Northeast Texas EAC area is designated attainment for the
8-hour ozone NAAQS, these provisions do not apply in the Northeast
Texas EAC area.
III. Final Action
We are approving revisions to the Texas SIP pertaining to the
Northeast Texas EAC area. EPA is approving the attainment
demonstration, the Northeast Texas Clean Air Action Plan, and the
related control measures, and we are incorporating these revisions into
the Texas SIP. We have determined that the control measures included in
the attainment demonstration are quantified, surplus, permanent, and
are Federally enforceable once approved into the SIP. The modeling of
ozone and ozone precursor emissions from sources in the Northeast Texas
EAC area demonstrate that the specified control strategies will provide
for continued attainment of the 8-hour ozone NAAQS through December 31,
2007 and maintenance of that standard through 2012. We have reviewed
the Plan and the attainment and maintenance demonstration and
determined that they are consistent with the requirements of the Act,
EPA's policy, and the EAC protocol.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, this action is
also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This action merely approves state
law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
[[Page 48644]]
In reviewing SIP submissions under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
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 CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 18, 2005. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 12, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
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2. The table in Sec. 52.2270(d) entitled ``EPA-Approved State Source-
Specific Requirements'' is amended by adding three new entries at the
end of the table to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(d) * * *
EPA-Approved State Source-Specific Requirements
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State
Name of source Permit or order No. effective EPA approval date Comments
date
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* * * * * * *
American Electric Power Knox Lee Plant 2001-0878-RUL........... 03/13/02 8/19/05 [Insert FR page
(Gregg Co.), Pirkey Plant (Harrison number where document
Co.), Wilkes Plant (Cass Co.). begins].
Texas Utilities Martin Lake plant 2001-0879-RUL........... 03/13/02 8/19/05 [Insert FR page
(Rusk Co.), Monticello plant (Titus number where document
Co.). begins].
Eastman Chemical Company Longview 2001-0880-RUL........... 03/13/02 8/19/05 [Insert FR page
plant (Harrison Co.). number where document
begins].
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3. The second table in Sec. 52.2270(e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding a new entry to the end to read as follows:
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Comments
nonattainment area effective date
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* * * * * * *
Clean Air Action Plan and 8-hour Gregg, Harrison, 12/06/04 8/19/05 [Insert FR
ozone standard attainment Rusk, Smith and page number where
demonstration for the Northeast Upshur Counties, TX. document begins].
Texas Early Action Compact area.
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[FR Doc. 05-16489 Filed 8-18-05; 8:45 am]
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