
[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
                                   -----------------------------------------------------------------------------
            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)
----------------------------------------------------------------------------------------------------------------
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
                                   -----------------------------------------------------------------------------
    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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------


 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)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                                                               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]

BILLING CODE 6560-50-P
