

[Federal Register: August 22, 2006 (Volume 71, Number 162)]
[Proposed Rules]               
[Page 48870-48879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au06-15]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0027; FRL-8212-3]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Revisions to Chapter 117, Emission Inventories, Transportation 
Conformity Budgets, and 5% Increment of Progress Plan for the Dallas/
Fort Worth 8-Hour Ozone Nonattainment Area

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 state of Texas for the 
Dallas/Fort Worth (DFW) nonattainment area as meeting 1-hour ozone 
serious area requirements. EPA is proposing to approve the 5% Increment 
of Progress (IOP) emission reduction plan, the 2002 base year 
inventory, and a 2007 motor vehicle emission budget for the DFW 8-hour 
ozone nonattainment area. EPA is also proposing to approve a Federal 
consent decree concerning the Alcoa Rockdale plant in Milam County; 
energy efficiency measures implemented within the DFW 8-hour ozone 
nonattainment area; and revisions to 30 TAC, Chapter 117, Control of 
Air Pollution From Nitrogen Compounds, concerning stationary 
reciprocating internal combustion engines operating within the DFW 8-
hour ozone nonattainment area. These revisions will allow the State of 
Texas to fulfill remaining obligations under the 1-hour ozone standard 
in the DFW nonattainment area. These actions are being taken in 
accordance with section 110 and part D of the Clean Air Act (the Act) 
and EPA's regulations. The intended effect of this action is to approve 
revisions submitted which satisfy outstanding 1-hour ozone obligations 
for the DFW area and result in emission reductions within 3 years of 
the DFW area's nonattainment designation under the 8-hour ozone 
standard.

DATES: Comments must be received on or September 21, 2006.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2005-TX-0027, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. 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 diggs.thomas@epa.gov. Please also send a 
copy by e-mail to the person listed in the FOR FURTHER INFORMATION 
CONTACT section below.
    Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), at fax 
number 214-665-7263.
    Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning 
Section (6PD-L), Environmental Protection

[[Page 48871]]

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 Docket ID No. EPA-R06-OAR-
2005-TX-0027. 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 the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or e-mail that you consider to be CBI or otherwise protected from disclosure. The http://

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. 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 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: Inquiries regarding Chapter 117 should 
be directed to Alan Shar, Air Planning Section (6PD-L), Environmental 
Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 
75202-2733, telephone (214) 665-6691; fax number 214-665-7263; e-mail 
address shar.alan@epa.gov. Inquiries on all other aspects of this 
rulemaking should be directed to Carrie Paige, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6521; fax 
number 214-665-7263; e-mail address paige.carrie@epa.gov.

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

Outline

I. What Actions Are We Proposing?
II. What Is the Background for These Actions?
III. What Is Ozone?
IV. What Are the 5% Increment of Progress Plan Requirements?
    A. 2002 Emissions Inventory
    1. Point Sources
    2. Area Sources
    3. Onroad Mobile Sources
    4. Nonroad Mobile Sources
    B. 2007 Emissions Projections
    1. What Are the Motor Vehicle Emissions Budgets?
    2. What NOX Control Measures did the State Submit?
    a. The Texas Emissions Reduction Plan (TERP)
    b. Energy Efficiency
    c. Alcoa--Milam County
    d. Stationary Reciprocating Internal Combustion Engines
    3. What VOC Control Measures did the State Submit?
    a. Statewide Portable Fuel Container Rule
    b. Surface Coating Operations
    c. Stage I Vapor Recovery
    C. Calculation of the 5% Reduction
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What Actions Are We Proposing?

    Today we are proposing to approve revisions to the SIP submitted by 
the state of Texas for the DFW nonattainment area as meeting 1-hour 
ozone serious area requirements. We are proposing to approve the 5% IOP 
plan for the nine counties that comprise the DFW 8-hour ozone 
nonattainment area. As an integral part of the 5% IOP plan, we are also 
proposing to approve the 2002 base year emissions inventory (EI) and 
the 2007 motor vehicle emissions budget (MVEB). Before approving the 5% 
IOP plan, we must approve all of the control measures relied upon in 
the 5% IOP plan. The majority of the control measures have already been 
approved in other Federal Register documents. We are proposing to 
approve three control measures which support the 5% IOP plan in today's 
action: A Federal consent decree concerning an Alcoa plant in Rockdale, 
Milam County; energy efficiency measures implemented within the DFW 8-
hour ozone nonattainment area; and revisions to 30 TAC, Chapter 117, 
Control of Air Pollution From Nitrogen Compounds, concerning stationary 
reciprocating internal combustion engines operating within the DFW 8-
hour ozone nonattainment area. We previously proposed to approve that 
Reasonably Available Control Technology (RACT) is in place for all 
major sources of volatile organic compounds (VOCs) in the DFW 1-hour 
ozone nonattainment area (66 FR 4756). Although we are not reopening 
the comment period on RACT, we intend to finalize our proposed approval 
at the same time we finalize this proposal. We are proposing to approve 
these revisions under section 110 and part D of the Act and EPA's 
regulations.

II. What Is the Background for These Actions?

    The EPA published the 8-hour ozone designations and the first phase 
governing implementation of the 8-hour ozone standard (phase I rule) in 
the Federal Register (FR) on April 30, 2004 (69 FR 23858 and 69 FR 
23951, respectively). The DFW area was designated as nonattainment for 
the 8-hour ozone standard and comprises nine counties: Collin, Dallas, 
Denton, and Tarrant counties (these four constitute the 1-hour ozone 
nonattainment area, hereinafter referred to as the four core counties), 
and Ellis, Johnson, Kaufman, Parker and Rockwall counties. At the time 
of designation however, the four core counties remained in 
nonattainment for the 1-hour standard and had two outstanding 1-hour 
ozone obligations: (1) The area

[[Page 48872]]

did not have an approved 1-hour ozone attainment demonstration; and (2) 
the area did not have approved RACT requirements for major sources of 
VOC emissions (VOC RACT).
    The phase I rule revoked the 1-hour ozone standard (see 69 FR 
23951). The phase I rule further provided three options for areas that 
had not met the 1-hour ozone attainment demonstration requirement: (1) 
Submit a 1-hour attainment demonstration no later than 1 year after 
designation; (2) Submit a Reasonable Further Progress (RFP) plan for 
the 8-hour National Ambient Air Quality Standards (NAAQS), no later 
than 1 year following designations for the 8-hour NAAQS, providing a 5% 
increment of emissions reduction from the area's 2002 EI; or (3) Submit 
an early 8-hour ozone attainment demonstration SIP that ensures that 
the first segment of RFP is achieved early (See 40 CFR 51.905(a)(ii)). 
Texas selected option 2, to submit the RFP plan providing a 5% 
increment of emissions reduction from the area's 2002 EI. This 
increment of emissions reduction is called the 5% IOP plan. Revisions 
in this rulemaking enable the DFW area to meet the 5% IOP, which 
fulfills the 1-hour ozone attainment demonstration obligation.
    The phase I rule also provides that 1-hour ozone nonattainment 
areas are required to adopt and implement ``applicable requirements'' 
according to the area's classification under the 1-hour ozone standard 
for anti-backsliding purposes (see 40 CFR 51.905(a)(i)). On May 26, 
2005, we determined that an area's 1-hour designation and 
classification as of June 15, 2004 would dictate what 1-hour 
obligations remain as ``applicable requirements'' under the phase I 
rule (70 FR 30592). The DFW 1-hour nonattainment area was still 
classified as serious on June 15, 2004, so the 1-hour ozone standard 
requirements applicable to the four core counties are those that apply 
to nonattainment areas classified as serious. The only outstanding 
``applicable requirement'' for the four core counties is the VOC RACT. 
We noted above that we proposed to approve RACT for all major sources 
of VOCs in the 1-hour DFW nonattainment area on November 18, 2001 (66 
FR 4756) and received no comments. Although we are not reopening the 
comment period on VOC RACT, we intend to finalize that proposed 
approval in the same rulemaking that we finalize this proposal.
    The DFW area has satisfied all other serious area applicable 
requirements under the 1-hour ozone standard. See the area's Clean 
Fuels Fleet Program (February 7, 2001 at 66 FR 9203); the area's post 
1996 Rate of Progress (ROP) plan and associated MVEBs (March 28, 2005 
at 70 FR 15592); and the area's 15% ROP plan and associated MVEBs 
(April 12, 2005 at 70 FR 18993). For a complete list, see the Texas SIP 
map at http://www.epa.gov/earth1r6/6pd/air/sip/sip.htm.


III. What Is Ozone?

    Ozone is a gas composed of three oxygen atoms. At ground level, it 
is created by a chemical reaction between nitrogen oxides 
(NOX) and VOCs in the presence of sunlight. Ozone and 
NOX are two of six common pollutants, also known as criteria 
pollutants, for which EPA has set NAAQS. Motor vehicle exhaust and 
industrial emissions, gasoline vapors, and chemical solvents as well as 
natural sources emit NOX and VOCs, help to form ozone. 
Sunlight and hot weather cause ground-level ozone to form in harmful 
concentrations in the air. As a result, ozone is known as a summertime 
air pollutant. Many urban areas tend to have high levels of ground-
level ozone, but rural areas are also subject to increased ozone levels 
because wind carries ozone and its precursors hundreds of miles from 
their sources.
    Repeated exposure to ozone pollution may cause permanent lung 
damage. Even at very low levels, ground-level ozone triggers a variety 
of health problems including aggravated asthma, reduced lung capacity, 
and increased susceptibility to respiratory illnesses like pneumonia 
and bronchitis. It can also have detrimental effects on plants and 
ecosystems.

IV. What Are the 5% Increment of Progress Plan Requirements?

    EPA issued a guidance memorandum on August 18, 2004 \1\ that 
outlines the criteria for 5% IOP plans. In brief summary, the guidance 
states that the reductions should be based on a 2002 EI, does not allow 
credit from Federal measures or measures in the SIP as of 2002, 
provides that the reductions occur by 2007, and allows use of 
NOX, VOCs, or some combination of both pollutants, to meet 
the 5% reduction. The steps involved in determining the emissions 
needed to meet the 5% reduction are the establishment of the 2002 
baseline EI, calculation of the 5% reduction, and projection of the 
2007 EI. We will present the 2002 and 2007 inventories, with a 
discussion of measures that will contribute to emission reductions in 
the area, and conclude by demonstrating the 5% reduction.
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    \1\ ``Guidance on 5% Increment of Progress'' (40 CFR 
51.905(a)(1)(ii)), August 18, 2004; from Lydia Wegman, Director, 
OAQPS, to EPA Regional Air Directors.
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A. 2002 Emissions Inventory

    The Clean Air Act Amendments of 1990 has the requirement that EIs 
be prepared for ozone nonattainment areas. Because ozone is 
photochemically produced in the atmosphere when VOCs are mixed with 
NOX in the presence of sunlight, ozone EIs focus on these 
precursor pollutants. The EI identifies the source types present in an 
area, the amount of each pollutant emitted, and the types of processes 
and control devices employed at each plant or source category. The Act 
requires the inventories to be actual emissions. The 2002 EI will 
provide a baseline emission level for calculating reduction targets and 
the control strategies for achieving the required emission reductions. 
The inventory of emissions of VOC and NOX is summarized from 
the estimates developed for four general categories of emissions 
sources: Point, area, onroad mobile, and nonroad mobile.
1. Point Sources
    Major point sources for inventory reporting in nonattainment areas 
are defined as industrial, commercial, or institutional sources that 
emit actual levels of criteria pollutants at or above 10 tons per year 
(tpy) of VOC, 25 tpy of NOX, or 100 tpy of other criteria 
pollutants.
    The Texas Commission on Environmental Quality (TCEQ) collects data 
from sources identified as having triggered the levels of emissions 
indicated above. Data submitted is quality assured and entered into the 
State of Texas Air Reporting System. For more details, refer to the 
Technical Support Document (TSD).
    A list of emissions by facility for all nine counties in the DFW 
nonattainment area is provided in Attachment 2 of the TSD. The State 
separately accounts for NOX emissions from the Alcoa 
facility, as it lies outside the DFW nonattainment area. The 5% 
guidance allows a nonattainment area to include VOC sources within 100 
kilometers (km) and NOX sources within 200 km of the 
nonattainment area in calculations of IOP reductions. The Alcoa 
facility is 120 miles from DFW, thus only the NOX emissions 
are allowed. The NOX emissions for the entire facility are 
added to the DFW area's EI, as required by the guidance; these 
emissions are 23.17 tons per day (tpd). The 2002 point source inventory 
for NOX is 79.31 tpd and 28.31 tpd for VOCs; with Alcoa's 
emissions, the point source inventory for NOX is adjusted to 
102.48 tpd.

[[Page 48873]]

2. Area Sources
    Area sources have emissions below the point source reporting levels 
and are too numerous and/or too small to identify individually. Area 
sources include commercial, small-scale industrial, and residential 
categories that use materials or processes that generate emissions. 
Area sources are categorized by hydrocarbon evaporative emissions or 
fuel combustion emissions; examples include printing operations, house 
paints, gasoline service station underground tank filling and vehicle 
refueling, outdoor burning, structural fires, and wildfires.
    Emissions for area sources are estimated as county-wide totals. 
These emissions, with some exceptions, may be calculated by an 
established, EPA approved, emission factor. Actual activity data is 
used when available, e.g., gallons of gasoline sold in a county, number 
of wildfire acres burned, etc. When activity data is unavailable, 
surrogates such as county population and employment data by industry 
type are used. The methodology is provided in Appendix A of the 
submittal. A detailed listing of emissions by area source type for all 
nine counties in the DFW area is provided in Attachment 3 of the TSD. 
The State separately accounts for VOC emissions from the gas can rule 
(see paragraph B(3) below--portable fuel containers) within a 100 km 
radius outside the DFW area. The 2002 area source inventory, adjusted 
to include 4.52 tpd VOC emissions from the gas can rule, is 38.03 tpd 
of NOX and 208.92 tpd for VOCs.
3. Onroad Mobile Sources
    Onroad mobile sources are automobiles, trucks, motorcycles, and 
other motor vehicles traveling on roadways. Combustion related 
emissions are estimated for vehicle engine exhaust, and evaporative 
hydrocarbon emissions are estimated for the fuel tank and other 
evaporative leak sources on the vehicle. The 2002 onroad mobile source 
EI was prepared by the North Central Texas Council of Governments 
(NCTCOG) and used the newest EPA onroad emission factor model, 
MOBILE6.2. Emission factors were applied to vehicle activity using the 
Texas Mobile Source Emission Software. Vehicle activity was generated 
using the DFW Regional Travel Model. Emissions were summarized in 24 
one-hour periods and for a daily total for all counties identified in 
the analysis. Additional details are included in the TSD. The 2002 
onroad mobile source inventory for NOX is 345.44 tpd and 
156.34 tpd for VOCs.
4. Nonroad Mobile Sources
    Nonroad mobile sources are aircraft, railroad locomotives, 
recreational vehicles and boats, and a broad range of equipment, from 
600-horsepower engines in the construction equipment class to one-
horsepower string trimmers in the lawn and garden class. The EPA 
NONROAD model is used to calculate emissions for all nonroad mobile 
sources except aircraft, locomotives, and commercial marine vessels. 
This model generates emissions for equipment in the following classes: 
Agricultural, Commercial, Construction, Industrial/Oilfield, Lawn and 
Garden, Logging, and Railway Maintenance.
    Emissions from commercial and military aircraft are calculated 
using the Federal Aviation Administration's Emissions and Dispersion 
Modeling System model, which uses actual recorded landing/takeoff (LTO) 
data and aircraft types to generate emissions. Smaller aircraft 
emissions are calculated using EPA emission factors and applicable LTO 
data. Emissions from ground support equipment at commercial airports 
are based on a recent survey in the DFW area.
    Locomotive emissions are based on fuel use and track mileage and 
individual railroad lines were surveyed for actual data. The 2002 
nonroad mobile source inventory is 136.24 tpd for NOX and 
70.08 tpd for VOCs. See the TSD for more detailed information.
    Although EPA's 5% guidance allows states to use EPA's draft 2002 
National Emissions Inventory (NEI) for the 2002 baseline inventory, the 
TCEQ submitted their own 2002 EI for point, area, onroad mobile, and 
nonroad mobile sources for all nine counties in the DFW nonattainment 
area. The inventory is the peak ozone season daily average of actual 
emissions for each source and includes more accurate activity data than 
that available in EPA's NEI. The TCEQ's inventory of ozone precursors 
for all nine counties in the DFW nonattainment area is shown in Table 
1; the point and area emissions are unadjusted for emissions outside 
the nonattainment area. This unadjusted EI is comprised of actual 
emissions within the nonattainment area, as required by the Act, which 
will provide the baseline emission level for calculating reduction 
targets and the control strategies for achieving the required emission 
reductions. We are proposing to approve the 2002 baseline EI.

       Table 1.--2002 Anthropogenic Emissions for the DFW 9-County
                           Nonattainment Area
------------------------------------------------------------------------
                                                  2002 VOC     2002 NOX
             Major source category               emissions    emissions
                                                   (tpd)        (tpd)
------------------------------------------------------------------------
Point.........................................        28.31        79.31
Area..........................................       204.42        38.03
Onroad Mobile.................................       156.34       345.44
Nonroad Mobile................................        70.08       136.24
                                               -------------------------
    Total.....................................       459.15       599.02
------------------------------------------------------------------------

B. 2007 Emissions Projections

    The future year or 2007 inventory reflects growth and controls from 
measures already in the SIP or expected to occur due to Federal 
measures; these emissions are presented in Table 2, in contrast with 
the 2002 emission inventories.
    Texas developed the 2007 point source EI by multiplying the 2002 
baseline EI by growth factors that represent industrial expansion 
through 2007. This includes all of the NOX and VOC controls 
already in place, per State rules that require reductions between 2002 
and 2007. The 2007 point source inventory is projected to be 83.52 tpd 
NOX and 30.42 tpd VOC. A detailed discussion of the future 
point source inventory is provided in the TSD.
    The 2007 EI for area sources was projected using EPA's Economic 
Growth Analysis System (EGAS) growth factors, which contain individual 
growth factors for each category and forecasting year. This is the EPA 
standard and accepted method for developing future year EIs. The 
projected 2007 area source inventory is 39.64 tpd NOX and 
215.91 tpd VOC.
    The MOBILE6.2 model was used to estimate onroad emission factors 
for 2007. This model incorporates local information on fleet mix and 
activity data, and Federal, State and local measures that will be 
implemented by 2007. The projected 2007 onroad mobile inventory is 
206.72 tpd NOX and 104.14 tpd VOC.
    The 2007 EI for nonroad mobile sources was developed using the 
NONROAD model. Projected LTO data was used to develop the 2007 aircraft 
and ground support EIs, and railroad activity for 2007 was estimated 
using previous year surveys and data from local railroad lines. The 
projected 2007 nonroad mobile source inventory is 120.83 tpd 
NOX and 54.58 tpd VOC.

[[Page 48874]]



               Table 2.--2002 and 2007 VOC and NOX Emissions by County and Major Category (in tpd)
----------------------------------------------------------------------------------------------------------------
                                                                2002 VOC     2007 VOC     2002 NOX     2007 NOX
                    Major source category                      emissions    emissions    emissions    emissions
----------------------------------------------------------------------------------------------------------------
Point.......................................................        28.31        30.42        79.31        83.52
Area........................................................       204.42       215.91        38.03        39.64
Onroad Mobile...............................................       156.34       104.14       345.44       206.72
Nonroad Mobile..............................................        70.08        54.58       136.24       120.83
                                                             ---------------------------------------------------
    Total...................................................       459.15       405.05       599.02       450.71
----------------------------------------------------------------------------------------------------------------

1. What Are the Motor Vehicle Emissions Budgets?
    The motor vehicle emission budget (MVEB) establishes a ceiling for 
emissions from onroad mobile sources. The onroad EI in the SIP sets the 
MVEB, which is used to meet the EPA's transportation conformity 
requirements, found at 40 CFR part 51, subpart T and part 93, subpart 
A. EPA's conformity rules require that transportation plans and related 
projects result in emissions that do not exceed the MVEB established in 
the SIP.
    The MVEBs for DFW were established by subtracting onroad emission 
reductions from the onroad mobile source EI for 2007. The Texas 
Emission Reduction Plan (TERP) is a NOX emission reduction 
strategy which can be applied toward the 5% IOP. The TERP assumes 
reductions of 22.2 tpd by 2007 and allocates 33.1% of the reductions to 
onroad mobile and 66.9% to nonroad mobile. The TCEQ has conservatively 
estimated TERP to provide onroad mobile NOX reductions of 
5.4 tpd for the DFW area by June 15, 2007. The TERP applies 
specifically to NOX reductions and information on VOCs is 
not available. The MVEBs for DFW were found adequate for use in 
transportation conformity on June 01, 2005 (70 FR 31441). Table 3 
documents the MVEBs that have been established by this SIP revision. 
EPA is proposing to approve these MVEBs and, upon final approval, all 
future transportation improvement programs, projects and plans for the 
DFW area will need to show conformity to the budgets in this plan; 
previous budgets approved or found adequate are not applicable.

           Table 3.--2007 DFW Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
   Criteria used to establish the 2007 MVEB      VOC (tpd)    NOX (tpd)
------------------------------------------------------------------------
2007 onroad mobile source inventory,                 104.14       206.72
 unadjusted...................................
TERP credits (allocation for onroad mobile)...            0         -5.4
2007 MVEB.....................................       104.14       201.32
------------------------------------------------------------------------

2. What NOX Control Measures Did the State Submit?
a. Texas Emissions Reduction Plan (TERP)
    The TERP, discussed briefly above, was established by the Texas 
Legislature with the enactment of Senate Bill 5 (SB5). The concept of 
this economic incentive program was approved into the Texas SIP on 
November 14, 2001 (66 FR 57159). State rules that govern TCEQ's 
administration of the TERP were approved into the SIP August 19, 2005 
(70 FR 48647).
    The TERP primarily addresses diesel emission reductions, while a 
small percentage of the program is allocated to energy efficiency. The 
TERP analyses for this program are found in the SIP narrative and a 
TCEQ Interoffice Memorandum dated August 16, 2004. Projected credits 
are based on cost per ton of previous projects. Considering diesel 
emission reduction projects recently funded and the approach 
established for allocating future TERP funds, we agree that TERP 
funding should be sufficient to achieve NOX reductions of 
22.2 tpd in the DFW area by 2007. Additional detail is provided in the 
TSD.
b. Energy Efficiency
    The Texas Legislature enhanced the use of Energy Efficiency/
Renewable Energy (EE/RE) programs for meeting TERP goals by requiring 
TCEQ to promote the use of energy efficiency as a way of meeting the 
NAAQS and to develop a method for calculating emissions reductions from 
energy efficiency. To achieve energy savings in new construction, SB 5 
mandated statewide adoption of the International Residential Code (IRC) 
and the International Energy Conservation Code (IECC) for residential, 
commercial and industrial buildings, through new building code 
requirements (Texas Health and Safety Code, Chapter 388--Texas Building 
Energy Performance Standards), which are enforced by local 
jurisdictions. The emissions reductions relied upon in this 5% IOP plan 
occurred in 2003 because of the energy savings achieved by power plants 
and newly-constructed residential buildings.
    These NOX reductions have already been achieved. To 
calculate the SIP credit for these NOX reductions, a method 
was developed by the Energy Systems Laboratory (ESL) of Texas A&M 
University, with assistance from EPA's Office of Atmospheric Programs, 
the TCEQ, and the Electric Reliability Council of Texas (ERCOT). We are 
proposing to find that the methodology for quantifying the completed 
emissions reductions for credit in the SIP is reasonable. See the TSD 
for additional information. The energy savings achieved provided 
NOX reductions at each power plant within the ERCOT region 
(the ERCOT serves about 85% of Texas, including the DFW nonattainment 
area) and reductions of natural gas within each county, statewide. The 
NOX reductions were due to EE measures in new construction 
for single and multi-family residences. The reductions in natural gas 
were due to the elimination of pilot lights in furnaces.
    The TCEQ did not project 2007 NOX reductions from EE 
measures in the DFW nonattainment area. Rather, the State, using the 
above-described methodology, quantified the EE reductions that have 
already occurred by using several spreadsheet programs that 
conservatively calculated energy savings from the electricity and 
natural gas reductions for residential, commercial and industrial 
buildings.

[[Page 48875]]

The measures were completed and the reductions occurred by 2003. These 
reductions have not been relied upon in another RFP/ROP plan for Texas 
and will not receive credit in another SIP. Therefore, the reductions 
are surplus. These measures have been implemented in residential 
construction, which has a lifetime beyond the term for which this 
credit is granted (2007) and are therefore permanent.
    As indicated above, the NOX reductions have been 
achieved and were calculated to be 0.72 tpd in the DFW area. The total 
amount of NOX reductions calculated for the RFP, as shown in 
Table 8 below, is 27.59 tpd. The SIP credit for the emissions already 
achieved (0.72 tpd) is 2.6% of this total and therefore meets the 3% 
limit. Additional details are provided in the TSD.
    EPA's approval of these SIP credits will not interfere with any 
applicable requirement concerning attainment or any other applicable 
requirement of the Act and the credits meet and comply with section 
110(l) of the Act. We are proposing to approve the NOX 
emissions reductions achieved by the EE measures as credit in the SIP 
for 0.72 tpd because they contribute to attainment of the 8-hour ozone 
NAAQS, are permanent and surplus, and are relied upon in the 5% IOP 
plan. We propose to approve these NOX emission reductions of 
0.72 tpd under sections 110 and part D of the Act.
c. Alcoa--Milam County
    On April 9, 2003, a Federal Consent Decree was signed with Alcoa 
that required the company to reduce NOX emissions from 3 
boilers located at its facility in Milam County. These boilers are 
fired by locally mined lignite coal and provide power for the aluminum 
smelting operations. The facility is located nearly 120 miles outside 
of the DFW nonattainment area, which is within the 200 km radius for 
NOX emissions, but beyond the 100 km radius for VOCs. Texas 
chose to include emission reductions for just one of the boilers. 
Although Texas submitted NOX reductions of 3.9 tpd, we 
calculate 2.8 tpd reduction in NOX emissions that would be 
creditable toward the 5% IOP plan. Today we are proposing to approve 
the submission of the Federal consent decree concerning the Alcoa 
Rockdale, Milam County facility, as described in the SIP Narrative by 
the TCEQ, into the Texas SIP as a part of the 5% IOP plan for the 
purposes of establishing the quantifying methodology, the 
implementation, and making SIP-enforceable Alcoa's choice, as defined 
in the consent decree, to shut down one of the three boilers and 
replace one of the two remaining boilers with a circulating fluidized 
bed (CFB) boiler by June 15, 2007 as described in the SIP Narrative by 
the TCEQ, to ultimately achieve SIP credit for NOX emissions 
reductions of 2.8 tpd.
    To receive credit for reductions, the total NOX 
emissions must be added to the inventory for the base year. Texas 
therefore added 23.17 tpd of NOX emissions to the 2002 
inventory for Alcoa and took credit for NOX reductions of 
3.9 tpd, but did not take credit for VOC reductions. These 
NOX reductions are also required to be permanent, 
enforceable, quantifiable and surplus.
    The terms of the Federal consent decree are legally enforceable by 
EPA. Texas issued Permit No. 48437 to Alcoa that incorporates the terms 
of the consent decree, so the reductions are also enforceable by TCEQ. 
The consent decree and State Permit contain emission limits upon which 
to quantify the emission reductions. Texas included NOX 
emission reductions of 3.9 tpd by June 15, 2007.
    The terms of the consent decree are also permanent. The consent 
decree remains in place until either the existing boilers achieve and 
maintain certain emission limitations for 24 months, the replacement 
boilers achieve and maintain certain emission limitations for 24 
months, or the existing boilers have been permanently shut down. 
Additionally, the consent decree terminates only after all of the 
requirements of the consent decree, including those mentioned above, 
are incorporated into the Title V operating permit for the Rockdale 
facility.
    The NOX reductions are surplus to the State's Regional 
Ozone plan, relied upon in all of the Texas ozone nonattainment areas 
but for the El Paso area, and which required a 50% reduction to utility 
NOX emissions in the selected East and Central Texas 
counties, a 30% NOX emission reduction to non-utility 
grandfathered sources in the selected East and Central Texas counties, 
NOX emissions reductions at Alcoa, Milam County and Eastman 
Chemical Company near Longview, Texas through Agreed Orders, and 
NOX emissions reductions through a state-wide water heater 
rule. EPA approved the Regional Ozone SIP on October 26, 2000, at 65 FR 
64148. Some of the NOX reductions obtained through 
compliance with the Federal consent decree are not considered surplus 
and are not creditable. Alcoa however, agreed in the Federal consent 
decree to go beyond all applicable Federal requirements. At the time of 
the occurring violations addressed in the Federal consent decree, Alcoa 
as a lignite-burning facility would have been limited to 0.6 lbs/
million Btu. A review of the Agreed Order approved by EPA as part of 
the Regional SIP allowed the facility 0.8 lbs/million Btu by 2002. The 
difference between 0.8 and 0.6 lbs/million Btu would not be creditable. 
Using a conservative assumption that Alcoa operated at 0.8 lbs/million 
Btu in 2002 and recognizing that Alcoa must reduce the operating rate 
to 0.1 lbs/million Btu, we calculated that 71% of the reductions 
reported by Texas would be available for credit (71% of 3.9 tpd). 
Therefore, EPA proposes to approve 2.8 tpd as creditable toward the 5% 
IOP. Calculations and additional detail are provided in the TSD.
    Approving the Alcoa Federal consent decree into the DFW SIP for 
establishing and making enforceable a 2.8 tpd reduction in 
NOX emissions by shutting down one of the three boilers and 
replacing one of the two remaining boilers with a CFB boiler before 
June 15, 2007, improves the DFW SIP as it requires the affected source 
to reduce its NOX emissions beyond the level of compliance 
otherwise required by law and to incorporate those requirements into a 
Title V operating permit. We are proposing to approve these revisions 
to the Texas SIP because they will contribute to attainment of the 8-
hour ozone NAAQS, because they meet the EPA rules and are consistent 
with EPA guidance, and were one of the control measures relied upon in 
the 5% IOP plan. As such, EPA's approval of this revision will not 
interfere with any applicable requirement concerning attainment or any 
other applicable requirement of the Act and it meets and complies with 
section 110(l) of the Act. We propose to approve these rules under 
section 110 and part D of the Act.
d. Stationary Reciprocating Internal Combustion Engines
    On May 13, 2005 the TCEQ Chairman submitted to us rule revisions to 
30 TAC, Chapter 117, Control of Air Pollution From Nitrogen Compounds, 
concerning stationary reciprocating internal combustion (IC) engines 
operating within the DFW eight-hour ozone nonattainment area (the 
Chapter 117 SIP submittal). The Chapter 117 SIP submittal primarily 
addresses NOX emissions from IC engines with a horsepower 
rating greater than or equal to 300 hp in the nine Texas Counties of 
Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and 
Tarrant. The affected engines under the Chapter 117 SIP submittal are 
lean burn, rich burn, and dual-fuel (gas and liquid)

[[Page 48876]]

fired lean burn engines. The rule revisions include more stringent 
NOX emissions limitations on lean burn and dual-fuel fired 
lean burn IC engines operating in Collin, Dallas, Denton, and Tarrant 
Counties and apply the limitations to those engines in Ellis, Johnson, 
Kaufman, Parker, and Rockwall Counties. They also impose new 
NOX emissions limitations on gas-fired rich burn IC engines 
in all nine counties of the DFW 8-hour ozone nonattainment area. See 
attachment 5 of the TSD for more information. The Chapter 117 SIP 
submittal should result in NOX reductions of 1.87 tpd by 
2007 for the DFW eight-hour ozone nonattainment area. Today, we are 
proposing to approve the Chapter 117 SIP submittal as part of the 5% 
IOP plan.
    The current Texas SIP contains no Federally-approved requirements 
for controlling NOX emissions from gas-fired rich burn, and 
gas-fired lean burn IC engines operating within Ellis, Johnson, 
Kaufman, Parker, and Rockwall counties. By approving the Chapter 117 
SIP submittal, we will be improving the Texas SIP for enforcement and 
ozone attainment purposes. As such, EPA's approval of this revision 
will not interfere with any applicable requirement concerning 
attainment or any other applicable requirement of the Act and it meets 
and complies with section 110(l) of the Act.
    On September 1, 2000 (65 FR 53172), EPA approved NOX 
emission specifications for IC engines as a part of the ozone control 
measures for the DFW one-hour ozone nonattainment area that included 
the four core counties--Collin, Dallas, Denton, and Tarrant. Table 4 
contains a summary of the 65 FR 53172 rulemaking for IC engines 
operating in the four core counties.

               Table 4.--Affected Sources, NOX Emission Specifications, and Additional Information
----------------------------------------------------------------------------------------------------------------
                 Source                   NOX emission specifications            Additional information
----------------------------------------------------------------------------------------------------------------
Internal Combustion Engines.............  3.0 gram/hp-hr.............  Natural gas, lean burn, stationary,
                                                                        capacity >=300 hp in DFW. Also a 3.0
                                                                        gram/hp-hr limit for CO.
----------------------------------------------------------------------------------------------------------------

    On March 16, 2001 (66 FR 15195), EPA approved NOX 
emission specifications for IC engines as part of the ozone control 
measures for the DFW one-hour ozone nonattainment area that included 
the four core counties; Table 5 is a summary of the 66 FR 15195 
rulemaking for IC engines operating in the four core counties.

               Table 5.--Affected Sources, NOX Emission Specification, and Additional Information
----------------------------------------------------------------------------------------------------------------
                 Source                   NOX emission specifications            Additional information
----------------------------------------------------------------------------------------------------------------
Internal Combustion Engines.............  2.0 gram/hp-hr.............  Gas-fired, dual-fuel lean burn (Collin,
                                                                        Dallas, Denton and Tarrant Counties),
                                                                        capacity >= 300 hp, also 3.0 gram/hp-hr
                                                                        for CO.
----------------------------------------------------------------------------------------------------------------

    The area in Tables 4 and 5 refers to the four core counties. Table 
6 contains a summary of NOX control requirements for IC 
engines operating in the DFW eight-hour ozone nonattainment area under 
the Chapter 117 submittal being proposed for approval today.

               Table 6.--Affected Sources, NOX Emission Specifications, and Additional Information
----------------------------------------------------------------------------------------------------------------
                 Source                            NOX limit                     Additional information
----------------------------------------------------------------------------------------------------------------
Internal Combustion Engines.............  2.0 gram/hp-hr.............  Gas-fired lean burn (Collin, Dallas,
                                                                        Denton, Ellis, Johnson, Kaufman, Parker,
                                                                        Rockwall, and Tarrant Counties),
                                                                        capacity >= 300 hp, also 3.0 gram/hp-hr
                                                                        for CO.
Internal Combustion Engines.............  2.0 gram/hp-hr.............  Gas-fired rich burn in operation before
                                                                        January 2000 (Collin, Dallas, Denton,
                                                                        Ellis, Johnson, Kaufman, Parker,
                                                                        Rockwall and Tarrant Counties), capacity
                                                                        >= 300 hp, also 3.0 gram/hp-hr for CO.
Internal Combustion Engines.............  0.5 gram/hp-hr.............  Gas-fired rich burn in operation after
                                                                        January 2000 (Collin, Dallas, Denton,
                                                                        Ellis, Johnson, Kaufman, Parker,
                                                                        Rockwall and Tarrant Counties), capacity
                                                                        >= 300 hp, also 3.0 gram/hp-hr for CO.
----------------------------------------------------------------------------------------------------------------

    As stated earlier, the Chapter 117 SIP submittal should result in 
NOX reductions of 1.87 tpd, and should assist in bringing 
the DFW area into attainment with the 8-hour ozone NAAQS.
    The Chapter 117 SIP submittal requires the affected sources to 
reduce their NOX emissions. We are proposing to approve 
these revisions to the Texas SIP because they will contribute toward 
attainment of the 8-hour ozone NAAQS and were one of the control 
measures relied upon in the DFW 5% IOP Plan. This revision adds 
requirements for NOX emission limitations for rich burn IC 
engines in all nine counties. Additionally, the revisions impose a more 
stringent NOX emission limitation on lean burn and dual 
fired lean burn IC engines in the four core counties and extend the 
limitations to those engines in the five adjacent counties. We are 
proposing to approve these rules under section 110 and part D of the 
Act.
3. What VOC Control Measures Did the State Submit?
a. Statewide Portable Fuel Container Rule
    The TCEQ adopted regulations for portable fuel containers sold in 
Texas and EPA approved the rule, published February 10, 2005 (70 FR 
7041). This will lower VOC emissions from portable fuel containers by 
an estimated 2.79 tpd within the nine-county nonattainment area and 
0.63 tpd for counties outside

[[Page 48877]]

of, but within a 100 km radius, of the nine-county area. As discussed 
earlier, the 5% guidance allows a nonattainment area to include VOC 
sources within 100 km of the nonattainment area in calculations of IOP 
reductions. There are 34 counties outside of the DFW 9-county area, 
that fall within 100 km of the nonattainment area. The VOC emissions 
from portable fuel containers within these 34 counties are added to the 
DFW area's EI, as required by the guidance; these emissions are 4.52 
tpd. The 2002 baseline EI for VOCs is 459.15 tpd; with the portable 
fuel container emissions, the 2002 EI for VOCs is adjusted to 463.67 
tpd. The total VOC emission reductions for 2007 are projected to be 
3.42 tpd. Additional detail is provided in 70 FR 7041 and the TSD for 
this action.
b. Surface Coating Operations
    Various rules for surface coating operations have been in effect 
for the four core counties in DFW, to meet 1-hour ozone nonattainment 
requirements. The State adopted a rule extending the requirements for 
surface coatings to the five newly designated 8-hour nonattainment 
counties. In a separate action, we approved Texas' SIP revision to 
extend the requirements for surface coatings to the five newly 
designated nonattainment counties, published January 19, 2006 (71 FR 
3009). This will result in additional VOC reductions of 0.3 tpd for the 
area. Additional details are provided in 71 FR 3009 and the TSD for 
this action.
c. Stage I Vapor Recovery
    Rules are in effect for Stage I vapor recovery during gasoline 
unloading operations in the four core counties, with an exemption for 
operations with a throughput equal to or less than 10,000 gallons per 
month (gpm). The State adopted a rule revision to extend these 
requirements, with the 10,000 gpm exemption, to the five newly 
designated nonattainment counties. In a separate action, we approved 
Texas' SIP revision to extend Stage I requirements to the five newly 
designated nonattainment counties, published January 19, 2006 (71 FR 
3009). This measure will result in VOC reductions of 2.09 tpd. 
Additional details are provided in 71 FR 3009 and the TSD for this 
action.

C. Calculation of the 5% Reduction

    EPA's 5% guidance allows the reduction to be made with all VOC 
emission reductions, all NOX reductions, or a combination of 
VOC and NOX reductions that equal 5%. Texas chose to meet 
the 5% requirement by applying on a combination of VOC and 
NOX reductions, as shown in Tables 7 and 8.

      Table 7.--Sources of NOX and VOC Reductions for the DFW Area
------------------------------------------------------------------------
             Source of reductions                NOX (tpd)    VOC (tpd)
------------------------------------------------------------------------
Eligible existing measures:
    TERP......................................         22.2  ...........
    Portable fuel containers (in DFW 9 county   ...........         2.79
     area)....................................
    Portable fuel containers (within 100 km     ...........         0.63
     radius)..................................
    Surface coating (expand to 5 new counties)  ...........          0.3
    Lower Stage I exemption to 10,000 gpm       ...........         2.09
     (expand to 5 new counties)...............
                                               -------------------------
        Subtotal..............................         22.2         5.81
Proposed measures:
    Alcoa (w/in 200 km radius)................          2.8  ...........
    Energy Efficiency.........................         0.72  ...........
    Stationary reciprocating IC engines (in 9          1.87  ...........
     county area).............................
                                               -------------------------
        Subtotal..............................         5.39  ...........
                                               =========================
            Total identified reductions (add          27.59         5.81
             subtotals).......................
------------------------------------------------------------------------

    The reductions submitted for new VOC and NOX measures 
are acceptable, with the exception of the amounts for Alcoa. As 
discussed above, we reduced the Alcoa NOX credit from 3.9 
tpd to 2.8 tpd.

     Table 8.--Calculation of the Adjusted 2002 Emissions Inventory
------------------------------------------------------------------------
    Variables to calculate the adjusted EI       VOC (tpd)    NOX (tpd)
------------------------------------------------------------------------
2002 baseline inventory.......................       459.15       599.02
Alcoa (within 200 km radius)..................  ...........       +23.20
Portable fuel containers (within 100 km               +4.52
 radius)......................................
Adjusted 2002 baseline EI.....................       463.67       622.22
------------------------------------------------------------------------

    The 2002 baseline inventory is adjusted by adding the 
NOX emissions from Alcoa and VOC emissions from the portable 
fuel container rule. The adjusted baseline EI is the basis for 
performing the 5% reduction calculations. As shown in Table 8, the 
adjusted baseline inventory for VOC is 463.67 tpd and 622.22 tpd for 
NOX. The VOC control strategy reductions provide 5.81 tpd, 
which is 1.25% of the adjusted 2002 baseline for VOCs. The 
NOX reductions provide 27.59 tpd, which is 4.43% of the 
adjusted 2002 baseline for NOX. Per the 5% guidance, the sum 
of the percentage of the VOC reductions planned and the percentage of 
the NOX reductions planned must equal 5%. In this case, the 
sum of 1.25% + 4.43% = 5.68%, which meets the requirement and has a 
small surplus of 0.68%. Table 9 shows the 2007 target emission levels.

[[Page 48878]]



 Table 9.--Calculation of 2007 Emission Levels, Adjusted to Meet the 5%
                                 Target
------------------------------------------------------------------------
    Variables to calculate the adjusted EI       VOC (tpd)    NOX (tpd)
------------------------------------------------------------------------
2007 inventory................................       405.05       450.71
Reductions proposed to meet 5%................        -5.81       -27.59
Adjusted 2007 emission levels.................       399.24       423.12
------------------------------------------------------------------------

    Per EPA's 5% guidance, states should ensure that the projected 2007 
EI is at least 5% less than the 2002 EI. When 5% is subtracted from 
each of the adjusted 2002 inventories, the emissions for VOCs are 
440.49 tpd and emissions for NOX are 591.11 tpd. The 2007 
target emission levels are lower (shown in Table 10) and therefore meet 
the 5% guidance. This SIP revision demonstrates that the target level 
will be met and Texas has met the 5% increment of emission reduction.

                              Table 10.--DFW Emission Reductions, From 2002 to 2007
----------------------------------------------------------------------------------------------------------------
                                                                   Adjusted 2002   Adjusted 2002   Adjusted 2007
                            Pollutant                                   EI         EI, minus 5%         EI
----------------------------------------------------------------------------------------------------------------
VOC (tpd).......................................................          463.67          440.49          399.24
NOX (tpd).......................................................          622.22          591.11          423.12
----------------------------------------------------------------------------------------------------------------

    Our analyses of the measures submitted and the calculation of 
reductions indicate that the State has satisfied the requirements of 
the 5% Increment of Progress Plan.

V. Proposed Action

    We are proposing to approve revisions to the SIP submitted by the 
State of Texas for the DFW nonattainment area as meeting 1-hour ozone 
serious area requirements. We are proposing to approve the 5% IOP plan, 
the revisions to the 2002 base year emissions inventory, the 2007 motor 
vehicle emissions budget, a Federal consent decree concerning an Alcoa 
plant in Rockdale, Milam County, energy efficiency measures, and 
revisions to 30 TAC, Chapter 117, Control of Air Pollution From 
Nitrogen Compounds, concerning stationary reciprocating IC engines 
operating within the DFW 8-hour ozone nonattainment area and 
incorporate these revisions into the Texas SIP. Although we are not 
reopening the comment period on RACT, we intend to finalize our 
proposed approval that RACT is in place for all major sources of VOCs 
in the DFW area in the final rulemaking for this proposal. We have 
evaluated these revisions and determined that they are consistent with 
the requirements of the Act and EPA's regulations, guidance and policy. 
These revisions fulfill the outstanding attainment demonstration 
obligation for the 1-hour ozone standard in the DFW nonattainment area 
and the outstanding obligation to adopt and implement all applicable 
requirements under the 1-hour ozone standard. We propose to approve 
these rules under section 110 and part D of the Act and EPA's 
regulations.
    EPA is soliciting public comments on the issues discussed in this 
proposed rulemaking. These comments will be considered before EPA takes 
final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to the EPA Regional 
Office listed in the ADDRESSES section of this proposed rulemaking, or 
by submitting comments electronically, by mail, or through hand 
delivery/courier following the directions provided in the ADDRESSES 
section of this action.

VI. 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, 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, 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,

[[Page 48879]]

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 proposed rule does not impose 
an information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Volatile Organic Compounds, Intergovernmental relations, 
Reporting and record keeping requirements.

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

    Dated: August 10, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

[FR Doc. E6-13866 Filed 8-21-06; 8:45 am]

BILLING CODE 6560-50-P
