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/ 2008
/ October
/ Tuesday, October 07, 2008
[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Rules and Regulations]
[Page 58475-58481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc08-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-0525; FRL-8726-2]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Reasonable Further Progress Plan, Motor Vehicle Emissions
Budgets, and Revised 2002 Base Year Emissions Inventory; Dallas/Fort
Worth 1997 8-Hour Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Texas State Implementation Plan (SIP) to meet the
Reasonable Further Progress (RFP) requirements of the Clean Air Act
(CAA) for the Dallas/Fort Worth (DFW) moderate 1997 8-hour ozone
nonattainment area. EPA is also approving the RFP motor vehicle
emissions budgets (MVEBs) and a revised 2002 Base Year Emissions
Inventory associated with the revision. EPA is approving the SIP
revision because it satisfies the RFP, RFP transportation conformity
and Emissions Inventory requirements for 1997 8-hour ozone
nonattainment areas classified as moderate and demonstrates further
progress in reducing ozone precursors. EPA is approving the revision
pursuant to section 110 and part D of the CAA and EPA's regulations.
DATES: This direct final rule will be effective December 8, 2008
without further notice unless EPA receives relevant adverse comments by
November 6, 2008. If adverse comments are received, EPA will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0525, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7242.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
0525. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
[[Page 58476]]
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
The State submittal is also available for public inspection during
official business hours, by appointment, at the Texas Commission on
Environmental Quality, Office of Air Quality, 12124 Park 35 Circle,
Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; fax number
214-665-7263; e-mail address shahin.emad@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.
Outline
I. What Action Is EPA Taking?
II. What Is a SIP?
III. What Is the Background for This Action?
IV. What Is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are approving a revision to the Texas SIP, submitted to meet the
Emissions Inventory and RFP requirements of the CAA for the DFW
moderate 1997 8-hour ozone nonattainment area. The revision was adopted
by the State of Texas on May 23, 2007 and submitted to EPA on May 30,
2007. We are approving the revised 2002 Base Year Emissions Inventory,
the 15% RFP plan, and the RFP 2008 MVEBs. The RFP plan demonstrates
that emissions will be reduced 15 percent for the period of 2002
through 2008. The Volatile Organic Compounds (VOC) MVEB is 119.81 tpd,
and the Oxides of Nitrogen (NOX) emissions budget is 249.33
tpd. We are approving the SIP revision because it satisfies the
Emissions Inventory, RFP, and RFP transportation conformity
requirements for 1997 8-hour ozone nonattainment areas classified as
moderate, and demonstrates further progress in reducing ozone
precursors. We are approving the revision pursuant to section 110 and
part D of the CAA and EPA's regulations.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on December 8, 2008
without further notice unless we receive relevant adverse comment by
November 6, 2008. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
II. What Is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
national ambient air quality standards (NAAQS) established by EPA.
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
A SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
state, to ensure that the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. A SIP can
be extensive, containing state regulations or other enforceable
documents, and supporting information such as emissions inventories,
monitoring networks, and modeling demonstrations. Each state must
submit regulations and control strategies to EPA for approval and
incorporation into the federally-enforceable SIP.
III. What Is the Background for This Action?
Inhaling even low levels of ozone, a key component of urban smog,
can trigger a variety of health problems including chest pains,
coughing, nausea, throat irritation, and congestion. It can also worsen
bronchitis and asthma, and reduce lung capacity. Volatile organic
compounds (VOC) and oxides of nitrogen (NOX) are known as
``ozone precursors'', as VOCs react with NOX, oxygen, and
sunlight to form ozone. The CAA requires that areas not meeting the
NAAQs for ozone demonstrate RFP in reducing emissions of ozone
precursors.
EPA promulgated, on July 18, 1997, a revised 8-hour ozone standard
of 0.08 parts per million (ppm), which is more protective than the
previous 1-hour ozone standard (62 FR (38855).\1\ On April 30, 2004,
EPA published designations and classifications for the revised 1997 8-
hour ozone standard (69 FR 23858); Ellis, Johnson, Kaufman, Parker, and
Rockwall Counties (the five new counties) were added to the DFW ozone
nonattainment area; and the area was classified as a moderate
nonattainment area. The DFW 1997 8-hour ozone nonattainment area
therefore consists of nine counties. Collin, Dallas, Denton, and
Tarrant counties (the four core counties) were initially classified as
a moderate nonattainment area under the 1-hour ozone standard with an
attainment date no later than November 15, 1996 (November 6, 1991, 56
FR 56694). The area did not attain the 1-hour standard by that outside
1996 deadline, and was reclassified as a serious 1-hour ozone
nonattainment area with an attainment date no later than November 15,
1999 (February 18, 1998, 63 FR 8128).
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\1\ EPA issued a revised 8-hour ozone standard on March 27, 2008
(73 FR 16436). The designation and implementation process for that
standard is just starting and does not affect EPA's action here.
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On November 29, 2005 (70 FR 71612), as revised on June 8, 2007 (72
FR
[[Page 58477]]
31727), EPA published the Phase 2 final rule for implementation of the
8-hour standard that addressed, among other things, the RFP control and
planning obligations as they apply to areas designated nonattainment
for the 1997 8-hour ozone NAAQS. In the Phase 1 Rule, RFP was defined
in section 51.900(p) as meaning for the purposes of the 1997 8-hour
NAAQS, the progress reductions required under section 172(c)(2) and
section 182(b)(1) and (c)(2)(B) and (c)(2)(C) of the CAA. In section
51.900(q), rate of progress (ROP) was defined as meaning for purposes
of the 1-hour NAAQS, the progress reductions required under section
172(c)(2) and section 182(b)(1) and (c)(2)(B) and (c)(2)(C) of the CAA
(see 69 FR 23997).
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA's Phase 1 Rule in South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). On June 8,
2007, in response to several petitions for rehearing, the court
modified the scope of vacatur of the Phase 1 Rule. See 489 F.3d 1245
(D.C. Cir. 2007), cert. denied, 128 S.Ct. 1065 (2008). The court
vacated those portions of the Phase 1 Rule that provide for regulation
of the 1997 8-hour ozone NAAQS in some nonattainment areas under
Subpart 1 in lieu of Subpart 2 and that allowed areas to revise their
SIPs to no longer require certain programs as they applied for purposes
of the 1-hour NAAQS; new source review, section 185 penalties, and
contingency plans for failure to meet RFP and attainment milestones.
The decision does not affect the requirements for areas classified
under subpart 2, such as the DFW area, to submit a reasonable further
progress plan for the 1997 8-hour ozone NAAQS. Litigation on the Phase
2 Rule is pending before the D.C. Circuit Court of Appeals.
Section 182 of the CAA and EPA's 1997 8-hour ozone regulations \2\
require a state, for each 1997 8-hour ozone nonattainment area that is
classified as moderate, to submit an emissions inventory and a RFP plan
to show how the state will reduce emissions of VOCs and NOX.
The DFW moderate 1997 8-hour ozone nonattainment area has a maximum
attainment date of June 15, 2010, that is beyond five years after
designation. In addition, the four core counties in the DFW moderate
area have an approved 15% VOC Rate of Progress plan under the 1-hour
ozone standard (May 22, 1997, 62 FR 27964).
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\2\ Reasonable further progress regulations are at 40 CFR
51.910, and emissions inventory regulations are at 40 CFR 51.915.
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For a moderate area with an attainment date of more than five years
after designation, the RFP plan must obtain a 15% reduction in ozone
precursor emissions for the first six years after the baseline year
(2002 through 2008). If such a moderate area also contains a portion of
the area with an approved 15% VOC Rate of Progress plan under the 1-
hour ozone standard, states are allowed to treat the area as two parts,
each with a separate RFP target. (Rate of Progress refers to reasonable
further progress for the 1-hour ozone standard.) For the part with an
approved 15% VOC Rate of Progress plan under the 1-hour ozone standard,
states can use reductions from VOC, NOX, or a combination of
the two and the RFP plan must demonstrate RFP for a total of 15%
emission reductions for the first six years due to the moderate
classification. See 40 CFR 51.910(a)(1)(ii)((A), which refers to
section 51.910(b)(2). For the part without an approved 1-hour ozone 15%
VOC Rate of Progress plan, states must obtain VOC reductions totaling
15% for the first six years. These VOC reductions can be obtained from
the part of the area with an approved 1-hour VOC Rate of Progress plan.
However, VOC reductions from the four core counties relied upon in the
five new counties' RFP plan (1) must be after the baseline year and
meet the other criteria for credibility under section 182(b)(1) of the
Act, (2) not have been relied upon in the four core counties' RFP plan,
and (3) cover the six-year period. For more information please see our
Technical Support Document (TSD).
Pursuant to CAA section 172(c)(9), RFP plans must include
contingency measures that will take effect without further action by
the State or EPA, which includes additional controls that would be
implemented if the area fails to reach the reasonable further progress
milestones. While the Act does not specify the type of measures or
quantity of emissions reductions required, EPA provided guidance
interpreting the Act that implementation of these contingency measures
would provide additional emissions reductions of up to 3% of the
adjusted base year inventory (or a lesser percentage that will make up
the identified shortfall) in the year following the RFP milestone year.
For more information on contingency measures please see the April 16,
1992 General Preamble (57 FR 13498, 13510) and the November 29, 2005
Phase 2 8-hour ozone standard implementation rule (70 FR 71612, 71650).
RFP plans must also include a MVEB, which is the allowable on-road
mobile emissions an area can produce and continue to demonstrate RFP.
IV. What Is EPA's Evaluation of the Revision?
EPA has reviewed the revision for consistency with the requirements
of EPA regulations. A summary of EPA's analysis is provided below. For
a full discussion of our evaluation, please see our TSD.
A. Texas Has an Approvable Base Year Emissions Inventory
CAA sections 172(c)(3) and 182(a)(1) require an inventory of actual
emissions from all sources of relevant pollutants in the nonattainment
area. EPA strongly recommended using 2002 as the base year emissions
inventory. Texas has developed a 2002 Base Year Inventory for the DFW
nonattainment area. The 2002 Base Year Inventory includes all point,
area, non-road mobile, and on-road mobile source emissions in all of
the nine counties. On May 13, 2005 Texas submitted the 2002 base year
inventory to EPA as part of a SIP revision for the DFW 8-hour ozone
non-attainment area. EPA reviewed the 2002 base year inventory and
determined that it was developed in accordance with EPA guidelines. A
Federal Register Notice approving the 2002 base year inventory was
published on August 15, 2008 (73 FR 47835).
However, since that revision was submitted to EPA, more accurate
data became available and improved calculation methods have been
developed. Because of these changes, the RFP SIP revision updates
emissions data for the base year 2002. EPA has determined that the
inventory was developed in accordance with EPA guidance on emission
inventory preparation, and that the revised 2002 Base Year Emissions
Inventory is approvable. Table 1 lists the Emissions Inventory for the
DFW area. For more detail on how emissions inventories were estimated,
see the Technical Support Document.
[[Page 58478]]
Table 1--DFW 2002 RFP Base Year Emissions Inventory
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VOC NOX
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Source type 4 Core 5 New 9 County 4 Core 5 New 9 County
counties counties total counties counties total
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Base Year Emissions Inventory (Tons/Day)
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Point............................. 18.73 7.69 26.42 34.55 44.70 79.25
Area.............................. 205.07 32.34 237.41 34.96 2.08 37.04
On-road Mobile.................... 143.28 18.32 161.60 296.01 60.22 356.23
Non-road Mobile................... 108.63 10.97 119.60 117.22 17.45 134.67
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Total......................... 475.71 69.32 545.03 482.74 124.45 607.19
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B. Adjusted Base Year Inventory and 2008 RFP Target Levels
The 2002 base year emissions inventory referenced above is also
known as the ``base year inventory,'' and is the starting point for
calculating RFP. Next, section 182(b)(2)(C) explains that the baseline
from which emission reductions are calculated should be determined as
outlined pursuant to CAA section 182(b)(1)(B). Section 182(b)(1)(B) and
40 CFR 51.910 require that the base year inventory must be adjusted to
exclude certain emissions specified in CAA section 182(b)(1)(D). This
requires that the baseline exclude emission reductions due to Federal
Motor Vehicle Control Programs (FMVCP) promulgated by the Administrator
by January 1, 1990, and emission reductions due to the regulation of
Reid Vapor Pressure promulgated by the Administrator prior to the
enactment of the Clean Air Act Amendments of 1990. These measures are
not creditable.
The result (after the adjustment) is the ``adjusted base year
inventory.'' The required RFP 15% reduction is calculated by
multiplying the adjusted base year inventory by 0.15. This figure is
subtracted from the adjusted base year inventory, resulting in the
target level of emissions for the milestone year (2008). Tables 2 and 3
feature summaries of the adjusted base year inventories (row c),
required 15% reductions (row d), and 2008 target level of emissions
(row e), as described above.
Texas has based the 15% plan on NOX reductions for the
four core counties, and VOC reductions for the five new counties, which
do not have an approved 15% 1-hour ozone Rate of Progress Plan. To meet
the RFP requirement, Texas' plan must provide at least 68.43 tons per
day (tpd) reductions in NOX emissions in the four core
counties, and 10.11 tpd reductions in VOC for the five new counties.
The VOC reductions may come from anywhere within the 8-hour
nonattainment area (40 CFR 51.910(a)(1)(iii)(B)(1)).
Table 2--Calculation of DFW Required NOX Target Level of Emissions for
the Four Core Counties With an Approved VOC 15% 1-Hour Ozone Rate of
Progress Plan
------------------------------------------------------------------------
NOX 4 core
Description counties
(tons/day)
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a. 2002 Base Year Inventory................................ 482.74
b. Excluded Emission Reductions............................ 26.52
c. Adjusted Base Year Inventory (a-b)...................... 456.22
d. 15% Reductions (c x 0.15)............................... 68.43
e. 2008 Target (c-d)....................................... 387.79
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Table 3--Calculation of DFW VOC Target Levels of Emissions in Tons Per
Day for Portion Without an Approved VOC Rate of Progress Plan
------------------------------------------------------------------------
VOC (5 new
Description counties)
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a. 2002 Emission Inventory................................. 69.32
b. Non-creditable Reductions, 2002-2008.................... 1.93
c. 2002 Adjusted to 2008 (a-b)............................. 67.39
d. 15% Reductions (c x 0.15)............................... 10.11
e. 2008 Target (c-d)....................................... 57.28
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C. The 2008 Projected Emissions Inventories and How the Total Required
15% Reductions Are Achieved in the Four Core Counties and the Five New
Counties
Next, section 182(b)(1)(A) requires that States need to provide
sufficient control measures in their RFP plans to offset any emissions
growth. To do this the State must estimate the amount of growth that
will occur between 2002 and the end of 2008. The State uses population
and economic forecasts to estimate how emissions will change in the
future. Generally, the State followed our standard guidelines in
estimating the growth in emissions. EPA's MOBILE 6.2.03 was used to
develop the 2008 on-road inventory. For more detail on how emissions
growth was estimated, see the TSD. Texas terms the projections of
growth as the RFP 2008 Uncontrolled Inventories.
Texas then estimates the projected emission reductions from the
control measures in place between 2002 and the end of 2008 and applies
these to the RFP 2008 Uncontrolled Inventories; the results are the RFP
2008 Controlled Inventories. The total amount of VOC and NOX
emissions in the RFP 2008 Controlled Inventories must be equal to or
less than the 2008 target inventories (listed at row e in Tables 2 and
3, above). The RFP plan relies on a number of state and federal control
measures intended to reduce NOX and VOC emissions. The
control measures address emissions from point, area, mobile non-road,
and mobile on-road sources.
The majority of point source reductions are from the addition of
NOX controls at electric generating units in the four core
counties and VOC controls on surface coating sources in the five new
counties. Area source VOC reductions for the five new counties include
(1) surface coating controls for automobile refinishing, factory
finished wood, wood furniture, metal cans, metal coils, and machinery
and equipment, (2) the State's Stage I program, and (3) the State's
portable fuel container rule. The four core counties did not rely upon
any area source NOX reductions.
The mobile non-road emission reductions for the four core counties
were a result of implementing federal measures, including the Tier I
and II Locomotive NOX standards, the heavy-duty non-road
engines standards, the Tier 1, 2, and 3 non-road diesel engines
standards, the small non-road SI engines Phase II standards, and the
large non-road SI and recreational marine standards. The five counties
relied upon the following federal measures for the
[[Page 58479]]
mobile non-road emission reductions: the new non-road SI engines
standards, the heavy-duty non-road engines standards, the Tier 1, 2,
and 3 non-road diesel engines standards, the small non-road SI engines
Phase II standards, the large non-road SI and recreational marine
standards, and non-road RFG. For all of the counties, emissions from
locomotives, aircraft and support equipment, and commercial marine
vessels were calculated outside of the NONROAD 5 model using EPA
approved methodologies. EPA finds that the State's projected emissions
and emission reductions for these three non-road mobile sources are
acceptable.
Reductions in mobile on-road emissions for the four core counties
resulted from fleet turnover due to Tier 1 and Tier 2 of the FMVCP, the
Federal RFG, the Federal NLEV, the 2007 Heavy Duty Diesel FMVCP, and
the State's I/M Program. The mobile on-road emission reductions for the
five counties were from fleet turnover due to Tier 1 and Tier 2 of the
FMVCP, surplus VOC emission reductions in the four core counties from
the Tier 1 FMVCP, the Federal NLEV, the 2007 Heavy Duty Diesel FMVCP,
and the State's I/M program. Each of the State measures relied upon in
this plan have been approved in separate actions. See the TSD for more
details.
As a result, for NOX the target level of emissions is
387.79 tpd, and the 2008 projected inventory after RFP reductions are
applied is 374.09 tpd. For VOC, the target level of emissions is 57.28
tpd, and the 2008 projected inventory after RFP reductions are applied
is 54.72 tpd. As illustrated in Table 4, for both pollutants the 2008
projection inventory is less than the target level of emissions.
Therefore, the control measures included in the 2008 projection
inventory are adequate to meet the 15% RFP requirement.
Table 4--Summary of RFP Demonstration for DFW
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NOX (tons/day) VOC (tons/day)
Inventory 4 core counties 5 new counties
----------------------------------------------------------------------------------------------------------------
2008 Target................................................................. 387.79 57.28
2008 Uncontrolled Emissions................................................. 651.85 90.02
2008 RFP Emission Reductions................................................ 277.76 \*\35.30
2008 Projected Emissions after RFP Reductions............................... 374.09 54.72
RFP Met?.................................................................... Yes Yes
----------------------------------------------------------------------------------------------------------------
\*\ VOC reductions from the Federal Motor Vehicle Control Program in the 4 core counties were used to help meet
the RFP emission reduction target for the 5 new counties.
D. The Reasonable Further Progress Plan Includes Acceptable RFP
Contingency Measures
The 1997 8-hour ozone RFP plan for a moderate nonattainment area
must include contingency measures, which are additional controls to be
implemented if the area fails to make reasonable further progress.
Contingency measures are intended to achieve reductions over and beyond
those relied on in the RFP demonstration and could include federal and
state measures already scheduled for implementation. The CAA does not
preclude a state from implementing such measures before they are
triggered. EPA interprets the CAA to require sufficient contingency
measures in the RFP submittal, so that upon implementation of such
measures, additional emission reductions of up to 3% of the adjusted
base year inventory (or a lesser percentage that will make up the
identified shortfall) would be achieved between the milestone year of
2008 and the next calendar year, i.e., 2009.
Texas used federal and state measures currently being implemented
to meet the contingency measure requirement for the DFW RFP SIP. These
measures, which are the same measures used for RFP, provide reductions
that are in excess of those needed for RFP. As shown in Table 5, in
both the four core counties and the five new counties, the excess
reductions are greater than 3% of the adjusted base year inventories.
Therefore these reductions are sufficient as contingency measures.
Table 5--RFP Contingency Measure Demonstration for DFW RFP SIP
------------------------------------------------------------------------
NOX 4 core VOC 5 new
Description counties counties
(tons/day) (tons/day)
------------------------------------------------------------------------
a. Adjusted Base Year Inventory (from Tables 2 456.22 67.39
and 3).......................................
b. 3% Needed for Contingency (a x 0.03)....... 13.69 2.02
c. Excess Reductions Used for Contingency..... 13.70 2.56
d. Contingency Met?........................... Yes Yes
------------------------------------------------------------------------
E. The RFP Milestone 2008 Motor Vehicle Emissions Budget (MVEB) Are
Approvable
The 1997 8-hour ozone RFP plan must include MVEBs for
transportation conformity purposes. Texas submitted its RFP MVEBs for
VOCs and NOX. Conformity to a SIP means that transportation
activities will not produce new air quality violations, worsen existing
violations, delay reaching reasonable further progress milestones, or
delay timely attainment of the NAAQS. A MVEB is the maximum amount of
emissions allowed in the SIP for on-road motor vehicles. The MVEB is
the mechanism to determine if the future transportation plans conform
to the SIP. The MVEB establishes an emissions ceiling for the regional
transportation network. The DFW RFP SIP contains VOC and NOX
MVEBs for the RFP milestone year 2008. The emissions budget for VOC is
119.81 tpd, and the NOX emissions budget is 249.33 tpd. On-
road emissions must be shown in future transportation plans to be less
than the MVEB for 2008 and subsequent years. The VOC and NOX
RFP emissions budgets are acceptable
[[Page 58480]]
because when added to the other components of the 2008 emissions
inventory (including non-road, stationary source, and area source
emissions) the total level of emissions is below the 2008 RFP emissions
target level. We found the RFP MVEBs (also termed transportation
conformity budgets) adequate and on June 28, 2007, the availability of
these budgets was posted on our website for the purpose of soliciting
public comments. The comment period closed on July 30, 2007, and we
received no comments. On March 21, 2008, we published the Notice of
Adequacy Determination for these RFP MVEBs (73 FR 15152). Once
determined adequate, these RFP budgets must be used in future DFW
transportation conformity determinations. The adequacy determination
represents a preliminary finding by EPA of the acceptability of the
MVEB. Today we are finding the MVEBs are fully consistent with RFP, and
the RFP plan is fully approvable, as it sets the allowable on-road
mobile emissions the DFW area can produce and continue to demonstrate
RFP.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 8, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental Relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: September 26, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. The second table in Sec. 52.2270 (e), the table entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP'' is amended by adding two new entries to the end of the
table for ``Reasonable Further Progress Plan'', for the Dallas/Fort
Worth, TX area. The addition reads as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(e) * * *
[[Page 58481]]
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable geographic State approval/
Name of SIP provision or non-attainment area submittal date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Approval of the 1997 8-hour Ozone Dallas/Fort Worth, TX. 05/23/07 10/07/08 [Insert
15% Reasonable Further Progress FR page number
Plan, and 2008 RFP Motor Vehicle where document
Emission Budgets. begins].
Revised 2002 Base Year Emissions Dallas/Fort Worth, TX. 05/23/07 10/07/08 [Insert
Inventory. FR page number
where document
begins].
----------------------------------------------------------------------------------------------------------------
[FR Doc. E8-23673 Filed 10-6-08; 8:45 am]
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