Approval and Promulgation of Implementation Plans for Texas;
Approval of Section 179B Demonstration of Attainment, Volatile Organic
Compounds and Nitrogen Oxides Motor Vehicle Emissions Budgets for
Conformity for the El Paso Ozone Nonattainment Area
[Federal Register: June 10, 2004 (Volume 69, Number 112)]
[Rules and Regulations]
[Page 32450-32454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn04-8]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-70-2-7347a; FRL-7672-7]
Approval and Promulgation of Implementation Plans for Texas;
Approval of Section 179B Demonstration of Attainment, Volatile Organic
Compounds and Nitrogen Oxides Motor Vehicle Emissions Budgets for
Conformity for the El Paso Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final approval.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving, through direct final action, a revision
to the Texas State Implementation Plan (SIP), submitted to show
attainment of the one-hour ozone National Ambient Air Quality Standard
(NAAQS) in the El Paso ozone nonattainment area, but for emissions
emanating from outside of the United States. The EPA is also approving
the El Paso area's Volatile Organic Compounds (VOCs) and Nitrogen
Oxides (NOX) emissions budgets. The State submitted the
revisions to satisfy sections 179B and other Part D requirements of the
Federal Clean Air Act (CAA).
DATES: This rule is effective on August 9, 2004, without further
notice, unless EPA receives adverse comment by July 12, 2004. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take effect.
ADDRESSES: Submit your comments, identified by File ID No. TX-70-2-
7347, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online 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 diggs.thomas@epa.gov. 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 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: Please include the text ``Public comment on File ID
No. TX-70-2-7347'' in the subject line of the first page of your
comments. EPA's policy is that all comments received will be included
in the public file without change, 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 regulations.gov, or
e-mail. The federal 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
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.
Official File: Copies of the documents relevant to this action are
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 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA
[[Page 32451]]
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
Copies of any State submittals and EPA's technical support document
are also available for public inspection at the State Air Agency listed
below during official business hours by appointment: Texas Commission
on Environmental Quailty, Office of Air Quality, 12124 Park 35 Circle,
Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Joe Kordzi, Air Planning Section (6PD-
L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone
(214) 665-7186; fax number 214-665-7263; E-Mail address
kordzi.joe@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA.
Outline
I. What is the background for this action?
II. What did the state submit and how did we evaluate it?
A. Modeling.
B. Additional basin-wide modeling.
C. How close is El Paso to attainment of the ozone standard?
D. Motor vehicle emissions budget.
E. Has the EPA approved other parts of the SIP before now?
III. What is our final action?
IV. Why is this a ``final action?''
V. Statutory and Executive Order Reviews.
I. What Is the Background for This Action?
El Paso, Texas, was designated nonattainment for ozone and
classified as serious under sections 107(d)(4)(A) and 181(a) of the
CAA. The El Paso nonattainment area consists of El Paso County. Under
section 181(a), serious areas must attain the ozone NAAQS by November
15, 1999.
The CAA requires that ozone nonattainment areas designated moderate
and above demonstrate attainment through air quality modeling or any
other analytical method determined by the Administrator to be at least
as effective. Section 179B of the CAA contains special provisions for
nonattainment areas that are affected by emissions emanating from
outside the United States. Under section 179B, the EPA will approve a
SIP if the area meets all other CAA requirements, and establishes that
implementation of the plan would achieve attainment of the ozone
standard by the CAA statutory deadline ``but for emissions emanating
from outside the United States.'' This is the type of demonstration
made by the State of Texas.
II. What Did the State Submit and How Did We Evaluate It?
A. Modeling
The Governor of the State of Texas submitted a revision to the
Texas SIP for the El Paso ozone nonattainment area via a letter dated
October 3, 1994. This included air quality modeling, under section 179B
of the CAA, that demonstrates that El Paso would attain the ozone
NAAQS, but for emissions emanating from outside of the United States.
The State of Texas submitted a revision via a letter dated August 9,
1996, showing that the revised inspection and maintenance program, and
delay in implementation, would have no significant effect on the
validity of the attainment demonstration submitted in 1994.
El Paso and Juarez, Mexico, share a common airshed. However,
emission inventory data was not available for Juarez, so modeling of
the entire airshed was not possible. In such an instance, section 179B
allows an area such as El Paso to perform modeling using only U.S.
pollutant emission data in performing the attainment demonstration.
In its demonstration, the Texas Commission on Environmental Quality
(TCEQ) used the Urban Airshed Model (UAM) version IV, an EPA-approved
photochemical grid model, to develop the attainment demonstration for
the El Paso area. Texas performed its ozone modeling analyses for El
Paso, according to EPA guidance. For further details, see the Technical
Support Document.
The State had previously submitted to the EPA the 15 percent VOC
Reasonable Further Progress (RFP) SIP for the El Paso area (63 FR
62943, November 10, 1998), as required by section 182(b)(1) of the CAA.
The 15 percent RFP SIPs contain regulations that are estimated to
reduce VOC emissions in each area by 15 percent from 1990 baseline
levels. The modeling results indicate that with the 15 percent RFP
reductions, the area would attain the 1-hour ozone standard, but for
emissions emanating from outside the United States, by November 15,
1996, which is before the area's applicable attainment deadline of
November 15, 1999. The predicted domain-wide maximum ozone
concentration for 1996 was significantly below the NAAQS of 120 ppb.
B. Additional Basin-Wide Modeling
Section 182(c)(2) of the CAA requires each serious and above ozone
nonattainment area to submit a SIP revision by November 15, 1994, which
describes, in part, how the area will achieve an actual VOC emission
reduction from the baseline emissions of at least 3 percent of baseline
emissions per year averaged over each consecutive 3-year period
beginning 6 years after enactment (i.e., November 15, 1996), until the
area's attainment date.
Via a letter from A. Stanley Meiburg of EPA Region 6 to Ms. Beverly
Hartsock of the then Texas Natural Resource Conservation Commission,
dated August 9, 1994, EPA stated its position that if the section 179B
attainment demonstration SIP showed the El Paso area would attain by
November 15, 1996, the attainment deadline for moderate areas, the
additional 9 percent in emission reductions required in the post-96
Rate of Progress (ROP) would be deferred. This deferral was effective
until Juarez monitoring data and emission inventory data became
available to perform basin-wide modeling of the El Paso/Jurez airshed.
Annex V of the 1983 La Paz Agreement between the United States and
Mexico, which addressed environmental concerns along the border, calls
for basin-wide modeling to be accomplished for the El Paso/Juarez
airshed. This modeling was performed during the 1998-2000 period, but
was not deemed to be valid to ascertain the types of controls necessary
throughout the airshed in order to meet ozone air quality standards on
both the U.S. and the Mexico side of the border. The main problem with
model performance was believed to be an inadequate VOC emission
inventory for Juarez.
However, subsequent to the submission of this attainment
demonstration, the El Paso area has now attained the 1-hour ozone
standard by the accumulation of three consecutive years of quality-
assured ambient air data that show no violations of the standard. The
most recent data provided by the State of Texas, available through the
EPA Aerometric Information and Retrieval Service, demonstrate the area
continues to attain the 1-hour standard. Therefore, EPA does not
anticipate a need to trigger the commitment for basin-wide modeling.
Based on EPA's ``Clean Data Policy'', if EPA made an attainment
finding, we would no longer require the 9 percent ROP plan. Therefore,
since the El Paso area has data showing attainment of the ozone
standard without the 9 percent ROP plan, we believe that it is
reasonable to defer that ROP requirement. Complete details of EPA's
rationale are included in the Clean Data Policy. If the area violates
the 1-hour ozone standard before a future redesignation, EPA will
review the
[[Page 32452]]
conclusion to defer the 9 percent ROP requirement.
C. How Close Is El Paso to Attainment of the Ozone Standard?
Data from the El Paso monitoring network from 1999 to the end of
2002 indicate that the area is in attainment of the ozone standard. The
State has informed EPA that it may request redesignation in the near
future.
D. Motor Vehicle Emissions Budget
The Governor of Texas submitted the 1996 motor vehicle emissions
budgets of 36.23 tons/day for VOCs and 39.76 tons/day for
NOX on December 11, 1997. These budgets were found to be
adequate for transportation conformity purposes on January 12, 1998
(see 64 FR 31217, June 10, 1999). It is EPA's conclusion that the SIP
demonstrates attainment with these budgets and contains the measures
necessary to support them. Today, we are approving these budgets, under
section 176(c) of the CAA.
E. Has the EPA Approved Other Parts of the SIP Before Now?
Below is a table describing the elements that the El Paso ozone SIP
must have, and the references to their EPA approvals.
------------------------------------------------------------------------
Codified at 40 CFR
Description Section of CAA part 52, subpart SS
------------------------------------------------------------------------
An inventory of all actual 172(c)(3) and 52.2309(a).
emissions of VOC and NOX 182(a)(1).
sources in the area.
A revised inventory every 182(a)(3)(A)..... Most recent submitted
three years. 1996.
A permit program for the 172(c)(5) and 52.2270(c)(88).
construction and operation of 182(a)(2)(C);
new and modified major 182(c)(6);
stationary sources of VOC and 182(c)(7);
NOX ozone in nonattainment 182(c)(8).
areas.
A regulation that requires 182(a)(3)(B)..... 52.2270(c)(88).
sources to legally certify
their emissions each year.
A regulation requiring 182(c)(10)....... 52.2270(c)(97).
reductions in current
emissions to offset new
emissions from new and
modified sources.
Reasonably available control 182(b)(2)........ 52.2270(c)(88).
technology on major sources
of VOC's.
A fuels program to reduce 211(h)........... 52.2270(c)(88).
evaporative emissions from
vehicle fuel tanks.
Contingency measures to be 182(c)(9); 63 FR 62943, Nov. 10,
implemented if the area fails 172(c)(9). 1998.
to attain the standard by the
deadline.
A vehicle inspection and 182(c)(3)........ 52.2270(c)(87).
maintenance program.
Vapor recovery systems on fuel 182(b)(3)........ 52.2270(c)(81).
pumps.
A clean fuel fleet program.... 182(c)(4)........ 52.2270(c).
Enhanced monitoring of ozone, 182(c)(1)........ 52.2270(c)(90).
NOX, VOC's, and NOX and VOC
emissions.
Transportation control 182(c)(5)........ 52.2308(b) (waiver of
measures. NOX provisions, and
63 FR 62943, Nov.
10, 1998).
A SIP revision to achieve 15 182(b)(1)........ 63 FR 62943, Nov. 10,
percent reductions in overall 1998.
VOC emissions.
A SIP revision to achieve 3 182(c)(2)(B)..... Deferred, based on
percent reductions per year EPA's Clean Data
in 1997, 1998, and 1999 [9 Policy and monitored
percent ROP]. attainment.
------------------------------------------------------------------------
III. What Is Our Final Action?
The EPA is approving a revision to the Texas SIP, which was
submitted to show attainment of the one-hour ozone standard in the El
Paso ozone nonattainment area by the applicable attainment date, but
for emissions from Mexico. The revision satisfies section 179B of the
CAA. The EPA is electing to defer the post-1996 RFP requirement. In so
doing, the EPA is finding that, based on the States's section 179B
attainment demonstration the El Paso area would attain by November 15,
1996, the State's enforceable commitment to perform basin-wide modeling
when the necessary Juarez information becomes available, and monitoring
data now showing attainment, a post-1996 plan with an additional 9
percent of reductions from November 1996 through November 1999, is not
necessary for attainment in the El Paso area.
The EPA believes that all section 179B approvals should be on a
contingency basis. Therefore, this section 179B modeling-based approval
is valid only as long as the area's modeling data continue to show that
the El Paso ozone area would be in attainment, but for emissions from
outside the United States. If El Paso again experiences one-hour ozone
violations, or if future successful basin-wide modeling demonstrates
the El Paso area could achieve attainment of the one-hour standard
through reduction measures typically employed by serious nonattainment
areas, the EPA will review the decision to defer the 9 percent ROP
requirement, and Texas may be required to submit a new post-1996 ROP
plan for El Paso.
The EPA is also approving El Paso's VOC and NOX motor
vehicle emissions budgets, under section 176(c) of the CAA.
IV. Why Is This a ``Final Action?''
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no 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 adverse comments
are received. This rule will be effective on August 9, 2004, without
further notice unless we receive adverse comment by July 12, 2004. If
we receive 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
at this time. 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.
[[Page 32453]]
V. 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, 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 (Public Law 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
(59 FR 22951, 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 Clean
Air Act. 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.
In reviewing SIP submissions, 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 (15 U.S.C. 272 note) 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. 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.
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 August 9, 2004. 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, Ozone, Reporting and recordkeeping requirements.
Dated: May 27, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
? Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7402 et seq.
Subchapter SS--Texas
? 2. The table in Sec. 52.2270(e) entitled ``EPA approved nonregulatory
provisions and quasi-regulatory measures in the Texas SIP'' is amended
by adding two entries to the end of the table to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
* * * * *
EPA approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP Provision geographic or effective EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 179B Attainment El Paso ozone 10/03/94 6/10/04 Approval includes a
Demonstration Report. nonattainment area. revision submitted
08/09/96.
Deferral of the post 1996 RFP.... El Paso ozone ........... 6/10/04
nonattainment area.
Enforceable commitment to conduct El Paso ozone 10/03/94 6/10/04
additional modeling for the area nonattainment area.
as new data become available.
This modeling effort will be
conducted under the auspices of
the 1983 La Paz Agreement
between the United States and
Mexico.
[[Page 32454]]
VOC and NOX Motor Vehicle El Paso ozone 12/11/97 6/10/04
Emissions Budget for Conformity. nonattainment area.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 04-13175 Filed 6-9-04; 8:45 am]
BILLING CODE 6560-50-P
![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20090510210235im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}