[Federal Register Volume 70, Number 98 (Monday, May 23, 2005)]
[Proposed Rules]
[Pages 29461-29466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0011; FRL-7916-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Attainment Demonstration of the Austin Early Action Compact 
Area; Vehicle Inspection and Maintenance Program for Travis and 
Williamson Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the State 
Implementation Plan (SIP) submitted by the Chairman of the Texas 
Commission on Environmental Quality (TCEQ) on December 6, 2004. The 
proposed revisions include the modeled attainment demonstration of the 
8-hour ozone standard and the Clean Air Action Plan (CAAP) for the 
Austin Early Action Compact (EAC) area. EPA is proposing approval of 
the photochemical modeling in support of the attainment demonstration 
of the 8-hour ozone standard within the Austin EAC area. EPA is 
proposing approval of the Austin EAC CAAP and related control measures. 
EPA is also proposing

[[Page 29462]]

approval of a vehicle inspection and maintenance (I/M) program for 
Travis and Williamson Counties, which are within the Austin EAC area. 
EPA is proposing approval of these actions as a strengthening of the 
SIP in accordance with the requirements of sections 110 and 116 of the 
Federal Clean Air Act (the Act), which will result in emission 
reductions needed to help ensure attainment of the 8-hour National 
Ambient Air Quality Standard (NAAQS) for ozone.

DATES: Comments must be received on or before June 22, 2005.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R06-OAR-2005-TX-0011, 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 Material 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 on-line instructions for submitting 
comments.
    U.S. 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 cc 
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 Regional Material in EDocket 
(RME) ID No. R06-OAR-2005-TX-0011. The 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 Material 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 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. 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 electronic docket are listed in the 
Regional Material 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 docket materials 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: Carrie Paige, Air Planning Section 
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
telephone (214) 665-6521, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``our,'' and ``us'' is used, we mean EPA.

Outline

I. What action are we proposing?
II. What is an EAC?
III. What is a SIP?
IV. What is the content of the Austin 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 is the vehicle I/M program we are proposing to approve?
VIII. What happens if the area does not meet the EAC milestones?
IX. Proposed Action
X. Statutory and Executive Order Reviews

I. What Action Are We Proposing?

    Today we are proposing to approve revisions to the Texas SIP under 
sections 110 and 116 of the Act. The revisions include an attainment 
demonstration of the 8-hour ozone standard within the Austin EAC area 
and the Austin EAC CAAP and related control measures. The EAC is a 
voluntary agreement between the TCEQ, the EPA, the five counties of 
Bastrop, Caldwell, Hays, Travis and Williamson, and the cities of 
Austin, Bastrop, Elgin, Lockhart, Luling, Round Rock and San Marcos. 
The intent of this agreement, known as the Austin EAC or the EAC, is to 
reduce ozone pollution and thereby maintain the 8-hour ozone standard. 
The EAC sets forth a schedule to develop technical information about 
local ozone pollution, and adopt and implement a clean air action plan, 
consisting of emissions control measures to ensure that the EAC area 
achieves compliance with the 8-hour ozone standard by December 31, 
2007.
    The revisions also include a vehicle inspection and maintenance (I/
M) program for Travis and Williamson Counties, within the Austin EAC 
area. The I/M rule revision is an emission control strategy that will 
assist the

[[Page 29463]]

Austin EAC area in achieving the 8-hour ozone standard by December 31, 
2007.
    The EPA designated the Austin EAC area as attainment for the 8-hour 
ozone standard on April 30, 2004 (69 FR 23858). During the summer of 
2004 the Austin EAC area monitored a violation of the Federal 8-hour 
ozone standard. The design value (three year average of the annual 
fourth highest 8-hour ozone readings) for 2002-2004 was 85 parts per 
billion (ppb). The TCEQ submitted these revisions to the SIP as 
preventive and progressive measures to avoid continued violation, to 
ensure long term maintenance of the 8-hour ozone standard within the 
affected area, and to prevent a redesignation to nonattainment. Section 
VI of this rulemaking describes the control measures that will be 
implemented within the Austin EAC area.

II. What Is an EAC?

    The Early Action Compact program was developed to allow communities 
an opportunity to reduce emissions of ground level ozone pollution 
sooner than the Act requires. The program was designed for areas that 
approach or monitor exceedances of the 8-hour standard, but are in 
attainment for the 1-hour ozone standard. Areas that adopted EACs must 
establish a clean air action plan, 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 participating State and 
local entities to make decisions that will accelerate meeting the new 
8-hour standard using locally tailored pollution controls instead of 
Federally mandated measures. Early planning and early implementation of 
control measures that improve air quality will likely accelerate 
protection of public health. The EPA believes this program provides an 
incentive for early planning, early implementation, and early 
reductions of emissions leading to 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 Act. In 
December 2002, a number of States submitted compact agreements pledging 
to reduce emissions earlier than required by the Act 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 plans by December 31, 
2004 for meeting the 8-hour ozone standard, rather than June 15, 2007, 
the deadline for all other areas not meeting the 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. Greater 
details of the EAC program are explained in EPA's December 16, 2003 (68 
FR 70108) proposed Federal Register notice entitled ``Deferral of 
Effective Date of Nonattainment Designations for 8-hour Ozone National 
Ambient Air Quality Standards for Early Action Compact Areas.''
    On April 15, 2004, EPA designated all areas for the 8-hour ozone 
standard. The EPA deferred the effective date of nonattainment 
designations for EAC areas that were violating the 8-hour standard, but 
continue to meet the compact milestones. Details of this deferral were 
announced on April 15, 2004 as part of the Clean Air Rules of 2004, and 
published in the Federal Register on April 30, 2004 in the notice 
entitled ``Air Quality Designations and Classifications for the 8-Hour 
Ozone National Ambient Air Quality Standards; Early Action Compact 
Areas with Deferred Effective Dates'' (69 FR 23858).

III. What Is a SIP?

    The SIP is a set of air pollution regulations, control strategies 
and technical analyses developed by the state, to ensure that the state 
meets the NAAQS. These ambient standards are established under section 
109 of the Act 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 Act. 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 Austin EAC Attainment Demonstration?

    In support of this proposal, the State conducted an ozone 
photochemical modeling study developed for the Austin 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 
Austin EAC area and (2) an identified set of measures which will result 
in the required emissions reductions. See the Technical Support 
Document (TSD) for a detailed description of the control measures 
included in the model. 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, 
which was supported by results of photochemical modeling and technical 
documentation, predicts that the 8-hour ozone standard should be 
attained in the Austin EAC area by 2007 and maintained through 2012.
    We believe this study meets EPA's modeling requirements and 
guidelines, including such items as the base year inventory 
development, the growth rate projections, and the performance of the 
model. See Attachment B of our TSD for more information about this 
modeling study and EPA's evaluation of these items. The modeling 
submitted in support of this proposal demonstrates that the Austin EAC 
area would be in attainment with the 8-hour ozone NAAQS in 2007. The 
modeling results for the Austin EAC area predict a maximum ozone design 
value of 83 ppb in 2007. This predicted maximum design value is below 
the 8-hour ozone limit of 85 ppb. See section VI of this document for a 
list of measures that will be implemented within the Austin EAC area. 
We are proposing to approve the 8-hour ozone attainment demonstration 
for the Austin 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 
Austin 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 control measures included in the attainment 
demonstration are quantified, surplus, permanent, and, if approved, 
will be Federally enforceable SIP revisions. We have reviewed the 
submittals and determined that they are consistent with the 
requirements of the Act, EPA's policy, and the EAC protocol. Our TSD 
contains detailed information concerning this rulemaking action.
    Approving Austin's CAAP into the SIP will also mean that measures 
and controls identified in the CAAP become Federally enforceable and 
the Austin EAC communities will start to benefit from reductions in air 
pollution. See section VI of this rulemaking action for the description 
of air pollution control

[[Page 29464]]

measures. EPA has determined that the State and local area have 
fulfilled the milestones and obligations of the EAC Program to date.

VI. What Measures Are Included in This EAC SIP Submittal?

    The attainment demonstration relied upon existing state and Federal 
requirements as well as new state and local control strategies, each of 
which will contribute to reductions in nitrogen oxides (NOX) 
and volatile organic compounds (VOCs) in the Austin EAC area. 
NOX and VOCs are precursors to and aid in the formation of 
ozone. While the implementation of the local control strategies is 
estimated to reduce NOX and VOCs, the Austin EAC area has 
demonstrated attainment through the implementation of Federal and 
statewide rules, without including the effects of the local control 
measures in the photochemical modeling.
    To help ensure the Austin EAC area's compliance with the 8-hour 
ozone standard by December 31, 2007, the CAAP includes State rule 
revisions as well as local control measures. EPA is acting on the 
vehicle inspection and maintenance rule in this proposal and has taken 
separate actions on the remaining revisions, including lowering the 
Stage I Vapor Recovery exemption, degreasing requirements and cutback 
asphalt restrictions (see 70 FR 15769, published March 29, 2005) and 
idling restrictions (see 70 FR 18308, published April 11, 2005), the 
gas can rule (see 70 FR 7041, published February 10, 2005), and the 
Texas Emission Reduction Plan (TERP, see 70 FR 25008, published May 12, 
2005).
    The control measures in the Austin EAC CAAP are expected to provide 
the following reductions: annual vehicle I/M program in Travis and 
Williamson Counties, projected to reduce NOX by 3.22 tons 
per day (tpd) and VOCs by 3.83 tpd; lowering the Stage I Vapor Recovery 
exemption to 25,000 gallons/month throughput in the five county EAC 
area, projected to reduce VOCs by 4.88 tpd; degreasing requirements in 
the five county EAC area, projected to reduce VOCs by 5.55 tpd or 59.2% 
for degreasing (cold cleaning) sources; seasonal cutback asphalt 
restrictions in the five county EAC area, projected to reduce VOCs by 
1.03 tpd or 38.4% for asphalt applications; and a rule prohibiting 
heavy-duty diesel vehicle idling in jurisdictions that sign enforcement 
agreements with the TCEQ, projected to reduce NOX by 0.67 
tpd when adopted throughout the EAC area. See the TSD for further 
details.
    Additional control measures that have been included in the 
photochemical modeling and will be implemented throughout the EAC area 
include: A statewide rule to reduce emission of VOCs from portable fuel 
containers that spill, leak, and/or allow permeation, projected to 
reduce VOCs by 0.89 tpd (70 FR 7041); the TERP, a comprehensive set of 
grant programs to improve air quality in Texas, for which funds to 
reduce NOX by 2 tpd have been allocated to the Austin EAC 
area (70 FR 25008); and Transportation Emission Reduction Measures 
(TERMs), which are transportation projects designed to reduce vehicle 
use, improve traffic flow, and/or reduce congested conditions 
throughout the EAC area.
    The specific TERMs have been described in detail in Appendix L of 
the State's SIP submittal and will be incorporated by reference in the 
Code of Federal Regulations in the final approval action. Detailed 
information is necessary for emission reduction measures in the SIP to 
ensure that they are specific and enforceable as required by the Act 
and the EAC protocol. The TERMs description in the SIP includes 
identification of each project, location, a brief project description, 
implementation date, status of project, and emissions reductions for 
both VOCs and NOX. The TERMs are projected to reduce 
NOX by 0.72 tpd and VOCs by 0.83 tpd and we here propose 
approval of the TERMs control measure.
    The CAAP includes additional local control measures that were not 
included in the attainment demonstration. Power plant emission 
reductions which will be effective by December 31, 2005 are projected 
to reduce NOX by 341 tons per year (tpy) in the EAC area. 
These reductions are scheduled for the Sim Gideon, Holly Street and 
Decker Lake facilities in Bastrop and Travis Counties and are in 
addition to those required by existing state-wide NOX rules. 
Acceleration of emission reductions required by a Flexible Air Permit 
from October 2012 to December 31, 2006 in Fayette County (on the east 
border of the EAC area) is projected to reduce NOX by 972 
tpy. Improved controls at the University of Texas facility in Travis 
County, scheduled for implementation by December 31, 2006, are 
estimated to reduce NOX by an additional 353 tpy.
    The control measures which were included in the attainment 
demonstration meet the requirements of the EAC protocol: They are 
specific, quantified, permanent and will be Federally enforceable when 
approved by EPA. In compliance with the next EAC program milestone, 
each of the control measures included in the attainment demonstration 
are scheduled to be implemented on or before December 31, 2005. The TSD 
contains detailed information on each of these control measures, as 
well as information on additional locally-implemented measures whose 
expected emission reductions have not been quantified or included in 
the photochemical modeling, but will assist the area in attainment and 
maintenance of the 8-hour ozone standard in 2007.
    According to the EAC protocol, the CAAP must also include a 
component to address maintenance for growth at least 5 years beyond 
2007, ensuring the area will remain in attainment of the 8-hour ozone 
standard through 2012. The Austin EAC area has developed an emissions 
inventory for the year 2012, as well as a continuing planning process 
to address this essential part of the plan. The emissions inventory 
predicted an overall reduction in emissions through 2012 and 2015: for 
point sources, VOC emissions are predicted to be 37 percent lower and 
NOX emissions are estimated to be 42 percent lower in 2012 
than 1999. Area sources are projected to increase by 14.2% from 1999 to 
2012. For on-road mobile sources, VOC emissions (without the I/M 
program) are predicted to be 48 percent lower and NOX 
emissions are estimated to be 68 percent lower in 2012 than 1999; with 
the I/M program, VOC emissions are predicted to be 58 percent lower and 
NOX emissions are estimated to be 74 percent lower in 2012 
than 1999. For non-road mobile sources, emissions of VOCs are estimated 
to be 10 percent lower and NOX emissions are estimated to be 
4 percent higher in 2012 than 1999. Despite the growth estimated for 
the EAC area, the more stringent Federal emission standards are 
projected to substantially reduce emissions of NOX and VOCs 
in the newer fleet of vehicles. The Federal controls include area 
measures (e.g., auto body refinishing) as well as onroad and non-road 
(e.g., lawn and garden, recreational marine, locomotives) measures. 
State point source reductions in emissions from power plants, as well 
as smaller scale, locally-implemented control measures will also 
contribute to the area's reductions in NOX and VOCs. See the 
TSD for a detailed list of these measures. Using air quality models to 
anticipate the impact of growth, as well as the Federal, state-assisted 
and locally-implemented measures to reduce emissions, the State has 
projected the area will be in attainment of the 8-hour ozone standard 
in 2007 and will remain in attainment through 2012 and 2015. The 
elements of the demonstration that address maintenance for growth meet 
the EAC protocol.

[[Page 29465]]

    To enhance the air quality planning process, the TCEQ has committed 
to continue to work with local stakeholders to find additional measures 
to further reduce ozone precursor emissions, to ensure that the Austin 
EAC area will maintain the 8-hour ozone standard through 2012. In 
addition, the EAC signatories and implementing agencies will review all 
EAC activities and report on these results in their semi-annual 
reports, beginning in June 2005. This semi-annual review will track and 
document, at a minimum, control strategy implementation and results, 
monitoring data and future plans. After review, additional control 
measures may be considered and adopted through revisions to this SIP, 
if necessary.
    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 NOX and VOCs in 
the Austin EAC area. 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. EPA 
proposes to approve the demonstration of attainment, the CAAP and 
related control measures.

VII. What Is the Vehicle I/M Program We Are Proposing To Approve?

    Vehicle I/M programs focus on reducing emissions of NOX 
and VOCs through automobile inspections that lead to repair and 
maintenance of vehicles covered by the program. I/M programs are 
mandatory requirements of the Federal CAA Section 182 for certain ozone 
nonattainment areas. However, state and local governments may initiate 
I/M programs voluntarily in order to reduce emissions of NOX 
and VOCs from automobiles. Texas has adopted rules in Chapter 114, 
Subchapter C for an I/M program that applies only in EAC areas where 
participation is requested by the participating county and the most 
populous municipality in the county. This EAC I/M program is distinct 
from the State's SIP-approved I/M program in Chapter 114, Subchapter B 
applicable to nonattainment areas. See Attachment A of our TSD for 
further details. Resolutions requesting EAC I/M programs were approved 
and signed by Travis County on March 23, 2004, the City of Austin on 
March 25, 2004, Williamson County on March 23, 2004, and the City of 
Round Rock on March 25, 2004.
    The EAC I/M program becomes effective September 1, 2005. All 
gasoline-powered motor vehicles between 2 and 24 years old, registered 
and primarily operated in Travis and Williamson Counties, are required 
to have an annual emissions inspection starting with the first safety 
inspection. Military tactical vehicles, motorcycles, diesel-powered 
vehicles, dual-fueled vehicles that cannot operate using gasoline, and 
antique vehicles registered with the Texas Department of Transportation 
are excluded from this program. Test-on-resale is required for title 
transfer within the two counties if the sale vehicle is registered in a 
non-I/M county, with the exception of all 1996 or newer vehicles with 
less than 50,000 miles. All subject 1996 and newer model year vehicles 
equipped with On-board Diagnostic (OBD) systems will undergo EPA OBD 
test procedures. All pre-1996 subject vehicles will undergo a two-speed 
idle (TSI) test. All test facilities must offer both emission tests. 
Test facilities can be either test and repair or test only.
    The emissions inspection fee will not exceed $16. A portion of each 
emission inspection fee goes to the Department of Public Safety for 
program oversight with regard to compliance and enforcement. Program 
funds are also made available for these counties to participate in the 
Low Income Repair Assistance Program if they adopt that program. 
Vehicle inspection certificate in the EAC area counties is mandated, 
along with provisions for limited exclusions, waivers and extensions, 
and prohibitions of program fraud.
    MOBILE6 was used to calculate emission reductions that this program 
will achieve. The program is projected to reduce VOCs by 3.83 tons per 
day and NOX by 3.22 tons per day, which is slightly more 
than 10% for each pollutant from this source category (gas-powered 
automobiles). See the TSD for an in-depth analysis. A technical review 
of the I/M rule revisions resulted in a recommendation to approve the 
rule revisions with one exclusion, which follows.
    To be consistent with our previous approval of Texas' I/M program 
for nonattainment areas, we are not approving section 114.82(b) as part 
of the Texas EAC I/M program. This provision places an additional 
reporting burden upon commanders at Federal facilities regarding 
affected Federal vehicles, which is not imposed upon any other affected 
non-federal vehicle. See 66 FR 57261 for further details.
    The I/M program we are proposing to approve today is not being 
submitted to meet I/M requirements of the CAA as defined in EPA's final 
I/M rule published November 5, 1992 at 57 FR 52950. Rather, this rule 
is being submitted for approval into the Texas SIP as part of the 
State's EAC control strategies to reduce emissions of NOX 
and VOCs from automobiles in the Austin EAC area. Accordingly, this 
rule is not being reviewed pursuant to requirements set forth in EPA's 
final I/M rule at 40 CFR part 51, subpart S, but rather as a 
strengthening of the SIP. EPA's review of the material submitted 
indicates that the rule is approvable to achieve emission reductions 
within a range of those represented in the State's modeling study and 
attainment demonstration. EPA is proposing to approve the SIP revision 
as stated above, to include vehicle I/M for Travis and Williamson 
Counties.

VIII. What Happens If the Area Does Not Meet the EAC Milestones?

    The measures outlined in this submittal provide sufficient 
information to conclude that the Austin EAC area will complete each of 
the EAC milestone requirements, including attainment of the 8-hour 
standard in 2007. 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, as 
outlined in our guidance and in 40 CFR 81.300, an EAC 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 
the approved SIP elements would remain in effect. If the design value 
for the EAC area exceeds the 8-hour ozone standard and the area has 
missed an EAC milestone, we would also consider factors in section 
107(d)(3)(A) of the Act in deciding whether to redesignate the area to 
nonattainment.

IX. Proposed Action

    EPA is proposing to approve the vehicle I/M program for Travis and 
Williamson Counties. In addition, EPA is proposing to approve the 
attainment demonstration, the Austin EAC CAAP, and the related control 
measures and incorporate these revisions into the Texas SIP as a 
strengthening of the SIP. We have determined that the CAAP control 
measures included in the attainment demonstration are

[[Page 29466]]

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. The 
modeling of ozone and ozone precursor emissions from sources in the 
five county Austin EAC area demonstrate that the specified control 
strategies will provide for attainment of the 8-hour ozone NAAQS by 
December 31, 2007.

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 choices, provided that they meet the criteria of the 
Clean Air Act. In this context, in the absence of a prior existing 
requirement for the State to use voluntary consensus standards (VCS), 
EPA has no authority to disapprove a SIP submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 do not apply. This 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 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 13, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-10194 Filed 5-20-05; 8:45 am]
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