[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27604]
[[Page Unknown]]
[Federal Register: November 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-24-1-6670; FRL-5102-9]
Approval and Promulgation of Implementation Plan: Texas 1990 Base
Year Ozone Emissions Inventories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA today fully approves the 1990 base year ozone emission
inventories submitted by Texas for the purpose of bringing about the
attainment of the national ambient air quality standard (NAAQS) for
ozone. The inventories were submitted by the State to satisfy certain
Federal requirements for an approvable nonattainment area ozone State
Implementation Plan (SIP) for the Houston/Galveston, Beaumont/Port
Arthur, El Paso, and Dallas/Fort Worth areas of Texas.
EFFECTIVE DATE: This final rule is effective on December 8, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
U.S. Environmental Protection Agency, Air and Radiation Docket and
Information Center, 401 M Street, SW., Washington, DC 20460.
Texas Natural Resource Conservation Commission, Office of Air
Quality, Emissions Inventory Branch, 12124 Park 35 Circle, Austin,
Texas 78753.
FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Planning
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, telephone (214) 665-7237.
SUPPLEMENTARY INFORMATION:
Background
Under the 1990 Clean Air Act Amendments (CAAA), States have the
responsibility to inventory emissions contributing to NAAQS
nonattainment, to track these emissions over time, and to ensure that
control strategies are being implemented that reduce emissions and move
areas towards attainment. The CAAA require ozone nonattainment areas
designated as moderate, serious, severe, and extreme to submit a plan
within three years of 1990 to reduce volatile organic compounds (VOC)
emissions by 15 percent within six years after 1990. The baseline level
of emissions, from which the 15 percent reduction is calculated, is
determined by adjusting the base year inventory to exclude biogenic
emissions and to exclude certain emission reductions not creditable
towards the 15 percent. The 1990 base year emissions inventory is the
primary inventory from which the periodic inventory, the Reasonable
Further Progress projection inventory, and the modeling inventory are
derived. Further information on these inventories and their purpose can
be found in the ``Emission Inventory Requirements for Ozone State
Implementation Plans,'' U.S. Environmental Protection Agency, Office of
Air Quality Planning and Standards, Research Triangle Park, North
Carolina, March 1991. The base year inventory plays an important role
in modeling demonstrations for areas classified as moderate and above
outside transport regions.
The air quality planning requirements for marginal to extreme ozone
nonattainment areas are set out in section 182(a)-(e) of title I of the
CAAA. The EPA has issued a General Preamble describing the EPA's
preliminary views on how the EPA intends to review SIP revisions
submitted under title I, including requirements for the preparation of
the 1990 base year inventory (see 57 FR 13502; April 16, 1992, and 57
FR 18070; April 28, 1992). Because the EPA is describing its
interpretations here only in broad terms, the reader should refer to
the General Preamble (57 FR 18070, Appendix B, April 28, 1992) for a
more detailed discussion of the interpretations of title I advanced in
today's action and the supporting rationale.
Those States containing ozone nonattainment areas classified as
marginal to extreme are required under section 182(a)(1) of the 1990
CAAA to submit a final, comprehensive, accurate, and current inventory
of actual ozone season, weekday emissions from all sources by November
15, 1992. This inventory is for calendar year 1990 and is denoted as
the base year inventory. It includes both anthropogenic and biogenic
sources of VOC, nitrogen oxides (NOX), and carbon monoxide (CO).
The inventory is to address actual VOC, NOX, and CO emissions for
the area during a peak ozone season, which is generally comprised of
the summer months. All stationary point and area sources, as well as
highway mobile sources within the nonattainment area, are to be
included in the compilation. Available guidance for preparing emission
inventories is provided in the General Preamble (57 FR 13498, April 16,
1992).
Emission inventories are first reviewed under the completeness
criteria established under section 110(k)(1) of the CAAA (56 FR 42216,
August 26, 1991). According to section 110(k)(1)(C), if a submittal
does not meet the completeness criteria, ``the State shall be treated
as not having made the submission.'' Under sections 179(a)(1) and
110(c)(1), a finding by the EPA that a submittal is incomplete is one
of the actions that initiates the sanctions and Federal Implementation
Plan processes (see David Mobley memorandum, November 12, 1992).1
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\1\Memorandum from J. David Mobley, Chief, Emission Inventory
Branch, to Air Branch Chiefs, Region I-X, ``Guidance on States'
Failure to Submit Ozone and CO SIP Inventories,'' November 12, 1992.
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The State of Texas submitted the 1990 base year inventories for
Houston/Galveston (HGA), Beaumont/Port Arthur (BPA), El Paso (ELP), and
Dallas/Fort Worth (DFW) on November 17, 1992, as a SIP revision by
cover letter from the Governor. The inventories were reviewed by the
EPA to determine completeness shortly after their submittal, in
accordance with the completeness criteria set out at 40 CFR part 51,
appendix V (1991), as amended by 57 FR 42216 (August 26, 1991). The
submittal was found to be complete, and a letter dated January 15,
1993, was forwarded to the Governor indicating the completeness of the
submittal and the next steps to be taken in the review process.
The State of Texas subsequently held public hearings to entertain
public comment on the 1990 base year emission inventories. The State
provided evidence to EPA Region 6 that the public hearings were held
and that the State responded to comments. The inventories were approved
by the Texas Air Control Board (TACB) on November 10, 1993.
On September 1, 1993, the TACB merged with the Texas Water
Commission to form the Texas Natural Resource Conservation (TNRCC), and
is now called the Office of Air Quality within the TNRCC. The merger
did not abrogate, void, or rescind any rules, regulations, orders,
permits, or any other action previously taken by the former TACB.
Response to Comments
The EPA, Region 6, proposed approval of the Texas 1990 Base Year
ozone emissions inventories on September 6, 1994 (59 FR 46015-46019)
and received no adverse comments regarding the proposed approval. The
State of Texas submitted a letter to Region 6 on September 30, 1994,
which recognized a typographical error in the El Paso VOC point source
emissions. The correct emissions from point sources are 9.47 tons per
day instead of 11.88 tons per day and the total VOC emissions are
100.40 tons per day instead of 102.81 tons per day. The tables in this
document have been corrected to reflect this change.
Final Action
In today's action, the EPA is fully approving the SIP 1990 base
year ozone emission inventories submitted to the EPA for the Houston/
Galveston, Beaumont/Port Arthur, El Paso, and Dallas/Fort Worth areas
on November 17, 1993, as meeting the requirements of section 182(a)(1)
of the Act.
The State has submitted complete inventories containing point,
area, biogenic, on-road mobile, and non-road mobile source data, and
accompanying documentation. Emissions from these sources are presented
in the following tables:
VOC--Ozone Seasonal Emissions
[In Tons Per Day]
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Non-Road
NAA Point source Area source On-Road mobile mobile Biogenic Totalemissions
emissions emissions emissions emissions
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HGA............. 480.34 229.01 251.72 195.11 335.47 1491.65
BPA............. 245.60 32.48 31.61 32.47 91.95 434.11
ELP............. 9.47 27.43 39.00 11.88 12.62 100.40
DFW............. 66.64 174.25 306.60 97.44 126.09 771.02
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NOX--Ozone Seasonal Emissions
[In Tons Per Day]
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Non-Road
NAA Point source Area source On-Road mobile mobile Biogenic Totalemissions
emissions emissions emissions emissions
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HGA............. 780.65 14.37 337.03 236.92 NA 1368.97
BPA............. 221.01 1.44 41.09 60.72 NA 324.26
ELP............. 33.43 2.43 36.90 15.02 NA 87.78
DFW............. 108.86 19.99 293.03 166.05 NA 587.93
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CO--Ozone Seasonal Emissions
[In Tons Per Day]
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Non-Road
NAA Point source Area source On-Road mobile mobile Biogenic Totalemissions
emissions emissions emissions emissions
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HGA............. 334.38 28.03 2412.68 1269.55 NA 4044.64
BPA............. 117.16 16.08 282.69 162.64 NA 578.57
LP.............. 7.41 2.64 327.10 112.01 NA 449.16
DFW............. 13.33 4.47 2837.88 1116.99 NA 3972.67
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Based on Region 6's review of the inventories, Texas has satisfied
all of the EPA's requirements for providing a comprehensive, accurate,
and current inventory of actual emissions in the ozone nonattainment
areas.
The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 CAAA of
November 15, 1990. The EPA has determined that this action conforms
with those requirements.
This final action on the Texas 1990 Base Year emissions inventories
is unchanged from the September 6, 1994, proposed approval action,
other than the El Paso point source VOC correction. The discussion
herein provides only a broad overview of the proposed action that the
EPA is now finalizing. The public is referred to the September 6, 1994
proposed approval Federal Register action for a full discussion of the
action that the EPA is now finalizing.
This action makes final the action proposed at 59 FR 46015-46019
(September 6, 1994). As noted elsewhere in this document, the EPA
received no adverse public comments on the proposed action. As a direct
result, the Regional Administrator has reclassified this action from
table two to table three under the processing procedures established at
54 FR 2214, January 19, 1989, and revised via memorandum from the
Assistant Administrator for Air and Radiation to the Regional
Administrators dated October 4, 1993.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, in relation to relevant statutory and regulatory
requirements.
Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on small entities affected.
Moreover, due to the nature of the Federal-State relationship under the
CAA, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA forbids the EPA to base its actions concerning SIPs on such
grounds. (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.
Ct. 1976); 42 U.S.C. 7410 (a)(2)).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 9, 1995. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not by challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
Executive Order 12866
This action has been classified as a Table Three action by the
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by an
October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The Office of Management and
Budget has exempted this regulatory action from Executive Order 12866
review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: October 26, 1994.
William B. Hathaway,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-767lq.
Subpart SS--Texas
2. Section 52.2309 is added to read as follows:
Sec. 52.2309 Emissions inventories.
(a) The Governor of the State of Texas submitted the 1990 base year
emission inventories for the Houston/Galveston (HGA), Beaumont/Port
Arthur (BPA), El Paso (ELP), and Dallas/Fort Worth (DFW) ozone
nonattainment areas on November 17, 1992 as a revision to the State
Implementation Plan (SIP). The 1990 base year emission inventory
requirement of section 182(a)(1) of the Clean Air Act, as amended in
1990, has been satisfied for each of these areas.
(b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The
inventories cover point, area, non-road mobile, on-road mobile, and
biogenic sources.
(c) The HGA nonattainment area is classified as Severe-17 and
includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty,
Montgomery, and Waller Counties; the BPA nonattainment area is
classified as Serious and includes Hardin, Jefferson, and Orange
Counties; the ELP nonattainment area is classified as Serious and
includes El Paso County; and the DFW nonattainment area is classified
as Moderate and includes Collin, Dallas, Denton, and Tarrant Counties.
[FR Doc. 94-27604 Filed 11-7-94; 8:45 am]
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