

[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Proposed Rules]               
[Page 8026-8028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe08-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0665; FRL-8528-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Texas Low-Emission Diesel Fuel Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the State 
Implementation Plan (SIP) for the state of Texas. This revision makes 
changes to the Texas Low-Emission Diesel (TXLED) Fuel program. The 
revision establishes a replicable procedure for the State to approve 
Alternative Emission Reduction Plans (AERPs), extends the date of state 
approvals, and brings marine diesel fuels under the TXLED program. The 
revision also refines and clarifies testing requirements. The changes 
being proposed for approval positively influence the reductions of 
oxides of nitrogen (NOX) to be achieved. As a result and in 
accordance with section 110(l) of the Clean Air Act, 42 U.S.C. 7410(l), 
this revision will not interfere with attainment, reasonable further 
progress, or any other applicable requirement of the Clean Air Act.

DATES: Comments must be received on or before March 13, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2006-0665, 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. Guy Donaldson at Donaldson.guy@epa.gov. Also 
cc the person listed in the FOR FURTHER INFORMATION CONTACT section 
below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     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 am and 4 pm 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-
2006-0665. 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 http://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. 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 am and 4:30 pm weekdays except for legal 
holidays. Contact the person listed in the FOR FURTHER INFORMATION 
CONTACT paragraph below or Mr. Bill Deese at (214) 665-7253 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cents per 
page fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality, 
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Rennie, Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-7367; 
fax number 214-665-7263; e-mail address rennie.sandra@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This document concerns control 
of air pollution of NOX and VOCs from mobile sources in 110 
counties of East Texas where the rule applies. This low-emission diesel 
fuel program applies to both on-road and non-road vehicles in the 
affected area.

[[Page 8027]]

What Action Are We Taking Today?

    We approved the original TXLED rule on November 14, 2001, (66 FR 
57196) in conjunction with the Houston-Galveston One-Hour Attainment 
Demonstration SIP. We also approved revisions to this rule on April 6, 
2005 (70 FR 17321), and on October 6, 2005 (70 FR 58325). Today we are 
proposing to approve revisions to the TXLED rule submitted May 15, 
2006, June 11, 2007, and June 13, 2007. Among other things, the 
revisions establish a replicable procedure for the State to evaluate 
Alternative Emission Reduction Plans (AERPs) so that changes to those 
plans do not have to be submitted to EPA as a SIP revision. Both EPA 
and the Texas Commission on Environmental Quality view this approach as 
a way to conserve resources. The revisions also extend the expiration 
date for state-approved AERPs and require two forms of marine diesel 
fuel to be subject to TXLED requirements. Other less substantive 
revisions are listed in the next section.

What Did the State Submit?

    On May 15, 2006, the State submitted revisions to TXLED rules found 
in 30 TAC 114.6, 114.312, 114.313, 114.315, 114.316, 114.317, and 
114.318. These revisions were adopted by the State on April 26, 2006. 
These include revisions to definitions; low emission diesel standards; 
designated alternate limits; approved test methods; monitoring, 
recordkeeping, and reporting requirements; exemption to low emission 
diesel requirements; and alternative emission reduction plans.
    On June 11, 2007, the State submitted revisions adopted on May 9, 
2007, to Sec.  114.318, Alternative Emission Reduction Plan. On June 
13, 2007, the State submitted revisions adopted on May 23, 2007, to 
Sec.  114.6, Definitions, and to Sec.  114.319, Affected Counties and 
Compliance Dates.

Why Are These Revisions Approvable?

    EPA finds that the TCEQ submittal meets the requirements of the 
CAA. We analyzed the rule revisions to ensure that they did not 
compromise the integrity of the approved SIP. Some changes were non-
substantive editorial or format changes. Some substantive changes are 
considered minor. Major substantive changes are discussed below. A 
detailed analysis of all changes can be found in the Technical Support 
Document that accompanies this action.

Section 114.6. Definitions

    The definition of additive is reworded for clarification. The 
definition of diesel fuel is expanded to include Diesel Marine fuel 
type X, also known as DMX, and Marine Gas Oil, also known as MGO. While 
these fuels do not share all fuel parameters with an EPA defined diesel 
fuel, EPA diesel and these marine fuels share many fuel parameters and 
are all light distillates. Because section 114.312(a) requires all 
``diesel fuel'' to conform to TXLED standards or to an approved AERP, 
these marine fuels will now be subject to those requirements. Requiring 
these marine fuels to meet the TXLED requirements will cause these 
fuels to achieve the desired benefit, thereby ensuring further 
NOX reductions.

Section 114.312. Low Emission Diesel Standards

    Volatile organic compounds (VOCs) were removed from the list of 
emissions that were required to be comparable to those of TXLED for 
alternative fuel formulation testing. This change was made to be 
consistent with changes made elsewhere in the rule. Because this rule 
is a NOX control measure, and not intended to produce VOC 
reductions, and because VOC emissions from diesel engines are very 
small in any case, we propose to find approvable the removal of the VOC 
comparison requirement. Past SIP submittals for attainment, such as the 
Dallas-Fort Worth 1-hour attainment demonstration (April 2000) and the 
Houston 1-hour attainment demonstration (December 2000), do not contain 
values for and do not rely on VOC benefit from the TXLED program.

Section 114.315. Approved Test Methods

    The State added specificity and clarity to the approved rules by 
making the following changes. The correlation equation to be used with 
ASTM Test Method D5186 is now specified. This equation is the same 
equation that appears in the EPA-approved CARB diesel rules. The 
adopted rule now requires the Executive Director to consult with and 
obtain agreement from EPA before the State approves an alternative to a 
test method. Additional fuel properties must be taken into 
consideration in characterizing the candidate fuel used in alternative 
fuel formulation testing. These include API gravity index, viscosity at 
40 degrees C, flash point, and distillation in degrees F. Additional 
requirements that the test engine must meet are specified. The test 
engine must have a minimum specified amount of operation before 
initiating testing and must operate within 110% of its certified 
emission levels. An alternative test sequence, which EPA had not 
previously acted upon, was deleted from the rule. For a fuel to qualify 
as a TXLED fuel under the alternative fuel formulation portion of the 
rules, EPA must also be satisfied with the testing demonstration. These 
revisions are approvable because the changes make the rule more clear 
and provide for EPA involvement where necessary.

Section 114.316. Monitoring, Recordkeeping, and Reporting Requirements

    Reporting on the additive used in an alternative fuel formulation 
is shifted from simply the amount used to a demonstration of how the 
emission reductions are achieved in the AERP. This strengthens the rule 
by making it more enforceable.

Section 114.318. Alternative Emission Reduction Plans

    The AERP allows a diesel fuel producer to comply with the 
NOX reduction requirements of TXLED by employing an 
alternate fuel strategy. In the May 15, 2006, revision a replicable 
procedure is outlined that removes the requirement for all AERP changes 
to be approved by EPA with a SIP revision. The procedure describes in 
detail how a producer can meet the requirements of this section by 
complying with one or more methods laid out in this section of the 
rule. Several methods utilize credit for the early introduction of low 
sulfur gasoline. We had detailed discussions with the State and 
refiners to reach consensus on these methods. The amount of sulfur 
reduction from the early introduction of low sulfur gasoline is used to 
calculate the appropriate gasoline-to-diesel offset ratios. We find the 
replicable procedure presented in the SIP to be an approvable approach 
to handling changes to AERPs.
    The June 11, 2007 revision extends the expiration date for state-
approved AERPs from December 31, 2006 to December 31, 2007. The purpose 
of extending this date was to provide time for producers and vendors to 
complete testing of alternative fuel formulations and additives, which 
in turn would provide more options in the marketplace to comply with 
the rule requirements. We found that this date extension had no impact 
on the path to the 2009 attainment year. Therefore this date extension 
is approvable.

Section 114.319. Affected Counties and Compliance Dates

    This section is amended to set a phased compliance schedule for the 
implementation of the marine diesel requirements. Producers and 
importers must comply by October 1, 2007, bulk distributors must comply 
by November

[[Page 8028]]

15, 2007, and retail dispensers and other affected persons must comply 
by January 1, 2008. Whereas all 110 counties are covered in this 
section, the revision covering marine fuels applies only to the HGB 
nonattainment area counties of Brazoria, Chambers, Fort Bend, 
Galveston, Harris, Liberty, Montgomery, and Waller.

Proposed Action

    We are proposing approval of these revisions to the TXLED rule as 
submitted May 15, 2006, June 11, 2007, and June 13, 2007. The revisions 
being proposed for approval maintain the potential for the projected 
NOX reductions to be achieved. As a result, and in 
accordance with section 110(l) of the Act, 42 U.S.C. section 7410(l), 
these revisions will not interfere with attainment, reasonable further 
progress or any other applicable requirement of the Clean Air Act.

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 proposed 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 action 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 proposed 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, 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, Carbon Monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen oxides, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

     Dated: January 23, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E8-2556 Filed 2-11-08; 8:45 am]

BILLING CODE 6560-50-P
