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48870 Federal Register / Vol. 71, No.

162 / Tuesday, August 22, 2006 / Proposed Rules

Property Requirement Test methods in USPS T–3204 Comment

1. Kinetic Coefficient of Friction,


MD.
a. Film on Stainless Steel with No. <0.45 ............................................. USPS–T–3204 Section 4.5.2.
8 (Mirror) Finish.
b. Film on Film .............................. 0.20 to 0.55 ................................... USPS–T–3204 Section 4.5.1.

* * * * * * *
6. Blocking .................................... <15 g ............................................. USPS–T–3204 Section 4.5.6 ........ To be conducted at 140 degrees
Fahrenheit.

* * * * * * *

[Delete 3.5.4 to remove the requirement follow this process before submitting efficiency measures implemented
for markings on polywrap.] the letter certifying compliance with the within the DFW 8-hour ozone
[Renumber current 3.5.5 as new 3.5.4 specifications: nonattainment area; and revisions to 30
and revise the title and text to require a. Test each film according to TAC, Chapter 117, Control of Air
polywrap meeting new standards as of procedures listed in USPS–T–3204, Pollution From Nitrogen Compounds,
February 4, 2007, as follows:] ‘‘Test Procedures for Automatable concerning stationary reciprocating
Polywrap Film.’’ internal combustion engines operating
3.5.4 Polywrap on Mailpieces b. Test each film gauge and surface within the DFW 8-hour ozone
Effective February 4, 2007, mailers treatment separately. nonattainment area. These revisions
claiming automation flat rates for * * * * * will allow the State of Texas to fulfill
polywrapped pieces must use polywrap We will publish an appropriate remaining obligations under the 1-hour
that meets the new specifications in amendment to 39 CFR Part 111 if our ozone standard in the DFW
3.5.1 and is on the new USPS list of proposal is adopted. nonattainment area. These actions are
approved materials. Only products being taken in accordance with section
Neva R. Watson,
listed on the USPS ‘‘RIBBS’’ Web site 110 and part D of the Clean Air Act (the
Attorney, Legislative.
(http://ribbs.usps.gov) may be used on Act) and EPA’s regulations. The
automation-rate flats. [FR Doc. E6–13802 Filed 8–21–06; 8:45 am] intended effect of this action is to
BILLING CODE 7710–12–P approve revisions submitted which
[Add new 3.5.5 to specify the
certification process for polywrap satisfy outstanding 1-hour ozone
manufacturers, as follows:] obligations for the DFW area and result
ENVIRONMENTAL PROTECTION in emission reductions within 3 years of
3.5.5 Polywrap Certification Process AGENCY the DFW area’s nonattainment
for Manufacturers designation under the 8-hour ozone
To ensure that all polywrap 40 CFR Part 52 standard.
manufacturers use the same criteria in [EPA–R06–OAR–2005–TX–0027; FRL–8212– DATES: Comments must be received on
meeting the new specifications, the 3]
or September 21, 2006.
Postal Service developed specification
Approval and Promulgation of Air ADDRESSES: Submit your comments,
USPS–T–3204, ‘‘Test Procedures for
Quality Implementation Plans; Texas; identified by Docket No. EPA–R06–
Automatable Polywrap.’’ This
Revisions to Chapter 117, Emission OAR–2005–TX–0027, by one of the
specification describes exact test
Inventories, Transportation Conformity following methods:
procedures and acceptable values for Federal eRulemaking Portal: http://
polywrap film characteristics. Should Budgets, and 5% Increment of
Progress Plan for the Dallas/Fort www.regulations.gov. Follow the on-line
the polywrap manufacturer not have the instructions for submitting comments.
facilities or experience to conduct each Worth 8-Hour Ozone Nonattainment
Area U.S. EPA Region 6 ‘‘Contact Us’’ Web
of the test procedures in USPS–T–3204, site: http://epa.gov/region6/
the specification includes a list of AGENCY: Environmental Protection r6coment.htm. Please click on ‘‘6PD’’
independent testing laboratories that Agency (EPA). (Multimedia) and select ‘‘Air’’ before
have experience in conducting these ACTION: Proposed rule. submitting comments.
tests. Customers may obtain the new test E-mail: Mr Thomas Diggs at
procedures by contacting USPS SUMMARY: The EPA is proposing to diggs.thomas@epa.gov. Please also send
Engineering (see 608.8.1 for address). approve revisions to the State a copy by e-mail to the person listed in
Effective February 4, 2007, Implementation Plan (SIP) submitted by the FOR FURTHER INFORMATION CONTACT
manufacturers must submit a letter, on the state of Texas for the Dallas/Fort section below.
their letterhead, for each polywrap film Worth (DFW) nonattainment area as Fax: Mr. Thomas Diggs, Chief, Air
indicating compliance with each of the meeting 1-hour ozone serious area Planning Section (6PD–L), at fax
specifications in 3.5.1 and the value for requirements. EPA is proposing to number 214–665–7263.
each specification, to USPS Mailing approve the 5% Increment of Progress Mail: Mr. Thomas Diggs, Chief, Air
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Standards (see 608.8.1 for address). (IOP) emission reduction plan, the 2002 Planning Section (6PD–L),
Manufacturers are encouraged to submit base year inventory, and a 2007 motor Environmental Protection Agency, 1445
the certificate of conformance prior to vehicle emission budget for the DFW 8- Ross Avenue, Suite 1200, Dallas, Texas
February 4, 2007. Upon receipt of the hour ozone nonattainment area. EPA is 75202–2733.
certificate of conformance, USPS will also proposing to approve a Federal Hand or Courier Delivery: Mr. Thomas
list the polywrap film on http:// consent decree concerning the Alcoa Diggs, Chief, Air Planning Section
ribbs.usps.gov. Manufacturers should Rockdale plant in Milam County; energy (6PD–L), Environmental Protection

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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules 48871

Agency, 1445 Ross Avenue, Suite 1200, holidays. Contact the person listed in I. What Actions Are We Proposing?
Dallas, Texas 75202–2733. Such the FOR FURTHER INFORMATION CONTACT Today we are proposing to approve
deliveries are accepted only between the paragraph below to make an revisions to the SIP submitted by the
hours of 8 a.m. and 4 p.m. weekdays appointment. If possible, please make state of Texas for the DFW
except for legal holidays. Special the appointment at least two working nonattainment area as meeting 1-hour
arrangements should be made for days in advance of your visit. There will ozone serious area requirements. We are
deliveries of boxed information. be a 15 cents per page fee for making proposing to approve the 5% IOP plan
Instructions: Direct your comments to photocopies of documents. On the day for the nine counties that comprise the
Docket ID No. EPA–R06–OAR–2005– of the visit, please check in at the EPA DFW 8-hour ozone nonattainment area.
TX–0027. EPA’s policy is that all Region 6 reception area at 1445 Ross As an integral part of the 5% IOP plan,
comments received will be included in Avenue, Suite 700, Dallas, Texas. we are also proposing to approve the
the public docket without change and The State submittal is also available 2002 base year emissions inventory (EI)
may be made available online at http:// for public inspection at the State Air and the 2007 motor vehicle emissions
www.regulations.gov, including any Agency listed below during official
personal information provided, unless budget (MVEB). Before approving the
business hours by appointment: 5% IOP plan, we must approve all of the
the comment includes information Texas Commission on Environmental
claimed to be Confidential Business control measures relied upon in the 5%
Quality, Office of Air Quality, 12124 IOP plan. The majority of the control
Information (CBI) or other information Park 35 Circle, Austin, Texas 78753.
the disclosure of which is restricted by measures have already been approved in
FOR FURTHER INFORMATION CONTACT: other Federal Register documents. We
statute. Do not submit information Inquiries regarding Chapter 117 should
through http://www.regulations.gov or are proposing to approve three control
be directed to Alan Shar, Air Planning measures which support the 5% IOP
e-mail that you consider to be CBI or Section (6PD–L), Environmental
otherwise protected from disclosure. plan in today’s action: A Federal
Protection Agency, Region 6, 1445 Ross consent decree concerning an Alcoa
The http://www.regulations.gov Web Avenue, Suite 700, Dallas, Texas 75202–
site is an ‘‘anonymous access’’ system, plant in Rockdale, Milam County;
2733, telephone (214) 665–6691; fax energy efficiency measures
which means EPA will not know your number 214–665–7263; e-mail address
identity or contact information unless implemented within the DFW 8-hour
shar.alan@epa.gov. Inquiries on all ozone nonattainment area; and revisions
you provide it in the body of your
other aspects of this rulemaking should to 30 TAC, Chapter 117, Control of Air
comment. If you send an e-mail
be directed to Carrie Paige, Air Planning Pollution From Nitrogen Compounds,
comment directly to EPA without going
Section (6PD–L), Environmental concerning stationary reciprocating
through http://www.regulations.gov,
Protection Agency, Region 6, 1445 Ross internal combustion engines operating
your e-mail address will be
Avenue, Suite 700, Dallas, Texas 75202– within the DFW 8-hour ozone
automatically captured and included as
2733, telephone (214) 665–6521; fax nonattainment area. We previously
part of the comment that is placed in the
number 214–665–7263; e-mail address proposed to approve that Reasonably
public docket and made available on the
paige.carrie@epa.gov. Available Control Technology (RACT) is
Internet. If you submit an electronic
comment, EPA recommends that you SUPPLEMENTARY INFORMATION: in place for all major sources of volatile
include your name and other contact Throughout this document, wherever organic compounds (VOCs) in the DFW
information in the body of your ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 1-hour ozone nonattainment area (66 FR
comment and with any disk or CD–ROM the EPA. 4756). Although we are not reopening
you submit. If EPA cannot read your the comment period on RACT, we
Outline
comment due to technical difficulties intend to finalize our proposed approval
I. What Actions Are We Proposing? at the same time we finalize this
and cannot contact you for clarification,
II. What Is the Background for These proposal. We are proposing to approve
EPA may not be able to consider your Actions?
comment. Electronic files should avoid these revisions under section 110 and
III. What Is Ozone?
the use of special characters, any form IV. What Are the 5% Increment of Progress part D of the Act and EPA’s regulations.
of encryption, and be free of any defects Plan Requirements? II. What Is the Background for These
or viruses. A. 2002 Emissions Inventory Actions?
Docket: All documents in the docket 1. Point Sources
are listed in the http:// 2. Area Sources The EPA published the 8-hour ozone
www.regulations.gov index. Although 3. Onroad Mobile Sources designations and the first phase
listed in the index, some information is 4. Nonroad Mobile Sources governing implementation of the 8-hour
not publicly available, e.g., CBI or other B. 2007 Emissions Projections ozone standard (phase I rule) in the
1. What Are the Motor Vehicle Emissions Federal Register (FR) on April 30, 2004
information whose disclosure is
Budgets? (69 FR 23858 and 69 FR 23951,
restricted by statute. Certain other 2. What NOX Control Measures did the
material, such as copyrighted material, State Submit?
respectively). The DFW area was
will be publicly available only in hard a. The Texas Emissions Reduction Plan designated as nonattainment for the 8-
copy. Publicly available docket (TERP) hour ozone standard and comprises
materials are available either b. Energy Efficiency nine counties: Collin, Dallas, Denton,
electronically in http:// c. Alcoa—Milam County and Tarrant counties (these four
www.regulations.gov or in hard copy at d. Stationary Reciprocating Internal constitute the 1-hour ozone
the Air Planning Section (6PD–L), Combustion Engines nonattainment area, hereinafter referred
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Environmental Protection Agency, 1445 3. What VOC Control Measures did the to as the four core counties), and Ellis,
State Submit? Johnson, Kaufman, Parker and Rockwall
Ross Avenue, Suite 700, Dallas, Texas
a. Statewide Portable Fuel Container Rule
75202–2733. The file will be made b. Surface Coating Operations
counties. At the time of designation
available by appointment for public c. Stage I Vapor Recovery however, the four core counties
inspection in the Region 6 FOIA Review C. Calculation of the 5% Reduction remained in nonattainment for the 1-
Room between the hours of 8:30 a.m. V. Proposed Action hour standard and had two outstanding
and 4:30 p.m. weekdays except for legal VI. Statutory and Executive Order Reviews 1-hour ozone obligations: (1) The area

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48872 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules

did not have an approved 1-hour ozone area’s post 1996 Rate of Progress (ROP) area, and conclude by demonstrating the
attainment demonstration; and (2) the plan and associated MVEBs (March 28, 5% reduction.
area did not have approved RACT 2005 at 70 FR 15592); and the area’s
A. 2002 Emissions Inventory
requirements for major sources of VOC 15% ROP plan and associated MVEBs
emissions (VOC RACT). (April 12, 2005 at 70 FR 18993). For a The Clean Air Act Amendments of
The phase I rule revoked the 1-hour complete list, see the Texas SIP map at 1990 has the requirement that EIs be
ozone standard (see 69 FR 23951). The http://www.epa.gov/earth1r6/6pd/air/ prepared for ozone nonattainment areas.
phase I rule further provided three sip/sip.htm. Because ozone is photochemically
options for areas that had not met the 1- produced in the atmosphere when VOCs
hour ozone attainment demonstration III. What Is Ozone? are mixed with NOX in the presence of
requirement: (1) Submit a 1-hour Ozone is a gas composed of three sunlight, ozone EIs focus on these
attainment demonstration no later than oxygen atoms. At ground level, it is precursor pollutants. The EI identifies
1 year after designation; (2) Submit a created by a chemical reaction between the source types present in an area, the
Reasonable Further Progress (RFP) plan nitrogen oxides (NOX) and VOCs in the amount of each pollutant emitted, and
for the 8-hour National Ambient Air presence of sunlight. Ozone and NOX the types of processes and control
Quality Standards (NAAQS), no later are two of six common pollutants, also devices employed at each plant or
than 1 year following designations for known as criteria pollutants, for which source category. The Act requires the
the 8-hour NAAQS, providing a 5% EPA has set NAAQS. Motor vehicle inventories to be actual emissions. The
increment of emissions reduction from exhaust and industrial emissions, 2002 EI will provide a baseline emission
the area’s 2002 EI; or (3) Submit an early gasoline vapors, and chemical solvents level for calculating reduction targets
8-hour ozone attainment demonstration as well as natural sources emit NOX and and the control strategies for achieving
SIP that ensures that the first segment of VOCs, help to form ozone. Sunlight and the required emission reductions. The
RFP is achieved early (See 40 CFR hot weather cause ground-level ozone to inventory of emissions of VOC and NOX
51.905(a)(ii)). Texas selected option 2, to form in harmful concentrations in the is summarized from the estimates
submit the RFP plan providing a 5% air. As a result, ozone is known as a developed for four general categories of
increment of emissions reduction from summertime air pollutant. Many urban emissions sources: Point, area, onroad
the area’s 2002 EI. This increment of areas tend to have high levels of ground- mobile, and nonroad mobile.
emissions reduction is called the 5% level ozone, but rural areas are also 1. Point Sources
IOP plan. Revisions in this rulemaking subject to increased ozone levels
enable the DFW area to meet the 5% Major point sources for inventory
because wind carries ozone and its
IOP, which fulfills the 1-hour ozone reporting in nonattainment areas are
precursors hundreds of miles from their
attainment demonstration obligation. defined as industrial, commercial, or
sources.
The phase I rule also provides that 1- institutional sources that emit actual
Repeated exposure to ozone pollution
hour ozone nonattainment areas are levels of criteria pollutants at or above
may cause permanent lung damage.
required to adopt and implement 10 tons per year (tpy) of VOC, 25 tpy of
Even at very low levels, ground-level
‘‘applicable requirements’’ according to NOX, or 100 tpy of other criteria
ozone triggers a variety of health
the area’s classification under the 1- pollutants.
problems including aggravated asthma, The Texas Commission on
hour ozone standard for anti-backsliding reduced lung capacity, and increased
purposes (see 40 CFR 51.905(a)(i)). On Environmental Quality (TCEQ) collects
susceptibility to respiratory illnesses data from sources identified as having
May 26, 2005, we determined that an like pneumonia and bronchitis. It can
area’s 1-hour designation and triggered the levels of emissions
also have detrimental effects on plants indicated above. Data submitted is
classification as of June 15, 2004 would and ecosystems.
dictate what 1-hour obligations remain quality assured and entered into the
as ‘‘applicable requirements’’ under the IV. What Are the 5% Increment of State of Texas Air Reporting System. For
phase I rule (70 FR 30592). The DFW 1- Progress Plan Requirements? more details, refer to the Technical
hour nonattainment area was still Support Document (TSD).
EPA issued a guidance memorandum A list of emissions by facility for all
classified as serious on June 15, 2004, so on August 18, 2004 1 that outlines the
the 1-hour ozone standard requirements nine counties in the DFW
criteria for 5% IOP plans. In brief nonattainment area is provided in
applicable to the four core counties are summary, the guidance states that the
those that apply to nonattainment areas Attachment 2 of the TSD. The State
reductions should be based on a 2002 separately accounts for NOX emissions
classified as serious. The only EI, does not allow credit from Federal
outstanding ‘‘applicable requirement’’ from the Alcoa facility, as it lies outside
measures or measures in the SIP as of the DFW nonattainment area. The 5%
for the four core counties is the VOC
2002, provides that the reductions occur guidance allows a nonattainment area to
RACT. We noted above that we
by 2007, and allows use of NOX, VOCs, include VOC sources within 100
proposed to approve RACT for all major
or some combination of both pollutants, kilometers (km) and NOX sources within
sources of VOCs in the 1-hour DFW
to meet the 5% reduction. The steps 200 km of the nonattainment area in
nonattainment area on November 18,
involved in determining the emissions calculations of IOP reductions. The
2001 (66 FR 4756) and received no
needed to meet the 5% reduction are the Alcoa facility is 120 miles from DFW,
comments. Although we are not
establishment of the 2002 baseline EI, thus only the NOX emissions are
reopening the comment period on VOC
calculation of the 5% reduction, and allowed. The NOX emissions for the
RACT, we intend to finalize that
projection of the 2007 EI. We will entire facility are added to the DFW
proposed approval in the same
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present the 2002 and 2007 inventories, area’s EI, as required by the guidance;
rulemaking that we finalize this
with a discussion of measures that will these emissions are 23.17 tons per day
proposal.
The DFW area has satisfied all other contribute to emission reductions in the (tpd). The 2002 point source inventory
serious area applicable requirements 1 ‘‘Guidance on 5% Increment of Progress’’ (40
for NOX is 79.31 tpd and 28.31 tpd for
under the 1-hour ozone standard. See CFR 51.905(a)(1)(ii)), August 18, 2004; from Lydia
VOCs; with Alcoa’s emissions, the point
the area’s Clean Fuels Fleet Program Wegman, Director, OAQPS, to EPA Regional Air source inventory for NOX is adjusted to
(February 7, 2001 at 66 FR 9203); the Directors. 102.48 tpd.

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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules 48873

2. Area Sources inventory for NOX is 345.44 tpd and TABLE 1.—2002 ANTHROPOGENIC
Area sources have emissions below 156.34 tpd for VOCs. EMISSIONS FOR THE DFW 9-COUN-
the point source reporting levels and are 4. Nonroad Mobile Sources TY NONATTAINMENT AREA
too numerous and/or too small to
Nonroad mobile sources are aircraft,
identify individually. Area sources Major source 2002 VOC 2002 NOX
railroad locomotives, recreational emissions emissions
include commercial, small-scale category
vehicles and boats, and a broad range of (tpd) (tpd)
industrial, and residential categories
equipment, from 600-horsepower
that use materials or processes that Point .................. 28.31 79.31
engines in the construction equipment
generate emissions. Area sources are Area .................. 204.42 38.03
class to one-horsepower string trimmers
categorized by hydrocarbon evaporative Onroad Mobile .. 156.34 345.44
in the lawn and garden class. The EPA
emissions or fuel combustion emissions; Nonroad Mobile 70.08 136.24
NONROAD model is used to calculate
examples include printing operations,
emissions for all nonroad mobile
house paints, gasoline service station Total ........... 459.15 599.02
sources except aircraft, locomotives, and
underground tank filling and vehicle
commercial marine vessels. This model
refueling, outdoor burning, structural B. 2007 Emissions Projections
generates emissions for equipment in
fires, and wildfires.
Emissions for area sources are the following classes: Agricultural, The future year or 2007 inventory
estimated as county-wide totals. These Commercial, Construction, Industrial/ reflects growth and controls from
emissions, with some exceptions, may Oilfield, Lawn and Garden, Logging, measures already in the SIP or expected
be calculated by an established, EPA and Railway Maintenance. to occur due to Federal measures; these
approved, emission factor. Actual Emissions from commercial and
emissions are presented in Table 2, in
activity data is used when available, military aircraft are calculated using the
contrast with the 2002 emission
e.g., gallons of gasoline sold in a county, Federal Aviation Administration’s
inventories.
number of wildfire acres burned, etc. Emissions and Dispersion Modeling
System model, which uses actual Texas developed the 2007 point
When activity data is unavailable, source EI by multiplying the 2002
surrogates such as county population recorded landing/takeoff (LTO) data and
aircraft types to generate emissions. baseline EI by growth factors that
and employment data by industry type represent industrial expansion through
are used. The methodology is provided Smaller aircraft emissions are calculated
using EPA emission factors and 2007. This includes all of the NOX and
in Appendix A of the submittal. A
applicable LTO data. Emissions from VOC controls already in place, per State
detailed listing of emissions by area
ground support equipment at rules that require reductions between
source type for all nine counties in the
commercial airports are based on a 2002 and 2007. The 2007 point source
DFW area is provided in Attachment 3
recent survey in the DFW area. inventory is projected to be 83.52 tpd
of the TSD. The State separately
Locomotive emissions are based on NOX and 30.42 tpd VOC. A detailed
accounts for VOC emissions from the
fuel use and track mileage and discussion of the future point source
gas can rule (see paragraph B(3) below—
individual railroad lines were surveyed inventory is provided in the TSD.
portable fuel containers) within a 100
km radius outside the DFW area. The for actual data. The 2002 nonroad The 2007 EI for area sources was
2002 area source inventory, adjusted to mobile source inventory is 136.24 tpd projected using EPA’s Economic Growth
include 4.52 tpd VOC emissions from for NOX and 70.08 tpd for VOCs. See the Analysis System (EGAS) growth factors,
the gas can rule, is 38.03 tpd of NOX and TSD for more detailed information. which contain individual growth factors
208.92 tpd for VOCs. Although EPA’s 5% guidance allows for each category and forecasting year.
states to use EPA’s draft 2002 National This is the EPA standard and accepted
3. Onroad Mobile Sources Emissions Inventory (NEI) for the 2002 method for developing future year EIs.
Onroad mobile sources are baseline inventory, the TCEQ submitted The projected 2007 area source
automobiles, trucks, motorcycles, and their own 2002 EI for point, area, onroad inventory is 39.64 tpd NOX and 215.91
other motor vehicles traveling on mobile, and nonroad mobile sources for tpd VOC.
roadways. Combustion related all nine counties in the DFW
nonattainment area. The inventory is The MOBILE6.2 model was used to
emissions are estimated for vehicle
the peak ozone season daily average of estimate onroad emission factors for
engine exhaust, and evaporative
actual emissions for each source and 2007. This model incorporates local
hydrocarbon emissions are estimated for
includes more accurate activity data information on fleet mix and activity
the fuel tank and other evaporative leak
than that available in EPA’s NEI. The data, and Federal, State and local
sources on the vehicle. The 2002 onroad
TCEQ’s inventory of ozone precursors measures that will be implemented by
mobile source EI was prepared by the
for all nine counties in the DFW 2007. The projected 2007 onroad mobile
North Central Texas Council of
nonattainment area is shown in Table 1; inventory is 206.72 tpd NOX and 104.14
Governments (NCTCOG) and used the
the point and area emissions are tpd VOC.
newest EPA onroad emission factor
model, MOBILE6.2. Emission factors unadjusted for emissions outside the The 2007 EI for nonroad mobile
were applied to vehicle activity using nonattainment area. This unadjusted EI sources was developed using the
the Texas Mobile Source Emission is comprised of actual emissions within NONROAD model. Projected LTO data
Software. Vehicle activity was generated the nonattainment area, as required by was used to develop the 2007 aircraft
using the DFW Regional Travel Model. the Act, which will provide the baseline and ground support EIs, and railroad
activity for 2007 was estimated using
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Emissions were summarized in 24 one- emission level for calculating reduction


hour periods and for a daily total for all targets and the control strategies for previous year surveys and data from
counties identified in the analysis. achieving the required emission local railroad lines. The projected 2007
Additional details are included in the reductions. We are proposing to approve nonroad mobile source inventory is
TSD. The 2002 onroad mobile source the 2002 baseline EI. 120.83 tpd NOX and 54.58 tpd VOC.

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48874 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules

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 The MVEBs for DFW were established NOX reductions and information on
Emissions Budgets? by subtracting onroad emission VOCs is not available. The MVEBs for
reductions from the onroad mobile DFW were found adequate for use in
The motor vehicle emission budget source EI for 2007. The Texas Emission transportation conformity on June 01,
(MVEB) establishes a ceiling for Reduction Plan (TERP) is a NOX 2005 (70 FR 31441). Table 3 documents
emissions from onroad mobile sources. emission reduction strategy which can the MVEBs that have been established
The onroad EI in the SIP sets the MVEB, be applied toward the 5% IOP. The by this SIP revision. EPA is proposing
which is used to meet the EPA’s TERP assumes reductions of 22.2 tpd by to approve these MVEBs and, upon final
transportation conformity requirements, 2007 and allocates 33.1% of the approval, all future transportation
found at 40 CFR part 51, subpart T and reductions to onroad mobile and 66.9% improvement programs, projects and
part 93, subpart A. EPA’s conformity to nonroad mobile. The TCEQ has
plans for the DFW area will need to
rules require that transportation plans conservatively estimated TERP to
show conformity to the budgets in this
and related projects result in emissions provide onroad mobile NOX reductions
that do not exceed the MVEB of 5.4 tpd for the DFW area by June 15, plan; previous budgets approved or
established in the SIP. 2007. The TERP applies specifically to 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, unadjusted ......................................................................................................... 104.14 206.72


TERP credits (allocation for onroad mobile) ................................................................................................................... 0 ¥5.4
2007 MVEB ...................................................................................................................................................................... 104.14 201.32

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

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

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48876 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules

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

TABLE 4.—AFFECTED SOURCES, NOX EMISSION SPECIFICATIONS, AND ADDITIONAL INFORMATION


NOX emission specifica-
Source Additional information
tions

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

TABLE 5.—AFFECTED SOURCES, NOX EMISSION SPECIFICATION, AND ADDITIONAL INFORMATION


NOX emission specifica-
Source Additional information
tions

Internal Combustion Engines 2.0 gram/hp-hr .................... Gas-fired, dual-fuel lean burn (Collin, Dallas, Denton and Tarrant Counties), capac-
ity ≥ 300 hp, also 3.0 gram/hp-hr for CO.

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

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

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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules 48877

of, but within a 100 km radius, of the b. Surface Coating Operations 10,000 gallons per month (gpm). The
nine-county area. As discussed earlier, Various rules for surface coating State adopted a rule revision to extend
the 5% guidance allows a operations have been in effect for the these requirements, with the 10,000
nonattainment area to include VOC four core counties in DFW, to meet 1- gpm exemption, to the five newly
sources within 100 km of the hour ozone nonattainment designated nonattainment counties. In a
nonattainment area in calculations of requirements. The State adopted a rule separate action, we approved Texas’ SIP
IOP reductions. There are 34 counties extending the requirements for surface revision to extend Stage I requirements
outside of the DFW 9-county area, that coatings to the five newly designated 8- to the five newly designated
fall within 100 km of the nonattainment hour nonattainment counties. In a nonattainment counties, published
area. The VOC emissions from portable separate action, we approved Texas’ SIP January 19, 2006 (71 FR 3009). This
fuel containers within these 34 counties revision to extend the requirements for measure will result in VOC reductions
are added to the DFW area’s EI, as surface coatings to the five newly of 2.09 tpd. Additional details are
designated nonattainment counties, provided in 71 FR 3009 and the TSD for
required by the guidance; these
published January 19, 2006 (71 FR this action.
emissions are 4.52 tpd. The 2002
baseline EI for VOCs is 459.15 tpd; with 3009). This will result in additional C. Calculation of the 5% Reduction
the portable fuel container emissions, VOC reductions of 0.3 tpd for the area.
Additional details are provided in 71 FR EPA’s 5% guidance allows the
the 2002 EI for VOCs is adjusted to reduction to be made with all VOC
3009 and the TSD for this action.
463.67 tpd. The total VOC emission emission reductions, all NOX
reductions for 2007 are projected to be c. Stage I Vapor Recovery reductions, or a combination of VOC
3.42 tpd. Additional detail is provided Rules are in effect for Stage I vapor and NOX reductions that equal 5%.
in 70 FR 7041 and the TSD for this recovery during gasoline unloading Texas chose to meet the 5% requirement
action. operations in the four core counties, by applying on a combination of VOC
with an exemption for operations with and NOX reductions, as shown in Tables
a throughput equal to or less than 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 area) .................................................................................................... .................... 2.79
Portable fuel containers (within 100 km radius) ....................................................................................................... .................... 0.63
Surface coating (expand to 5 new counties) ........................................................................................................... .................... 0.3
Lower Stage I exemption to 10,000 gpm (expand to 5 new counties) .................................................................... .................... 2.09

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 county area) ........................................................................................... 1.87 ....................

Subtotal ............................................................................................................................................................. 5.39 ....................

Total identified reductions (add subtotals) ................................................................................................. 27.59 5.81

The reductions submitted for new with the exception of the amounts for the Alcoa NOX credit from 3.9 tpd to 2.8
VOC and NOX measures are acceptable, Alcoa. As discussed above, we reduced 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 radius) .............................................................................................................. +4.52
Adjusted 2002 baseline EI ............................................................................................................................................... 463.67 622.22

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

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48878 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules

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

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 EPA is soliciting public comments on in the Unfunded Mandates Reform Act
submitted and the calculation of the issues discussed in this proposed of 1995 (Pub. L. 104–4).
reductions indicate that the State has rulemaking. These comments will be This proposed rule also does not have
satisfied the requirements of the 5% considered before EPA takes final tribal implications because it will not
Increment of Progress Plan. action. Interested parties may have a substantial direct effect on one or
participate in the Federal rulemaking more Indian tribes, on the relationship
V. Proposed Action
procedure by submitting written between the Federal Government and
We are proposing to approve revisions comments to the EPA Regional Office Indian tribes, or on the distribution of
to the SIP submitted by the State of listed in the ADDRESSES section of this power and responsibilities between the
Texas for the DFW nonattainment area proposed rulemaking, or by submitting Federal Government and Indian tribes,
as meeting 1-hour ozone serious area comments electronically, by mail, or as specified by Executive Order 13175
requirements. We are proposing to through hand delivery/courier following (65 FR 67249, November 9, 2000). This
approve the 5% IOP plan, the revisions the directions provided in the action also does not have Federalism
to the 2002 base year emissions ADDRESSES section of this action. implications because it does not have
inventory, the 2007 motor vehicle substantial direct effects on the States,
VI. Statutory and Executive Order
emissions budget, a Federal consent on the relationship between the national
Reviews
decree concerning an Alcoa plant in government and the States, or on the
Rockdale, Milam County, energy Under Executive Order 12866 (58 FR distribution of power and
efficiency measures, and revisions to 30 51735, October 4, 1993), this proposed responsibilities among the various
TAC, Chapter 117, Control of Air action is not a ‘‘significant regulatory levels of government, as specified in
Pollution From Nitrogen Compounds, action’’ and therefore is not subject to Executive Order 13132 (64 FR 43255,
concerning stationary reciprocating IC review by the Office of Management and August 10, 1999). This action merely
engines operating within the DFW 8- Budget. For this reason, this action is proposes to approve a State rule
hour ozone nonattainment area and also not subject to Executive Order implementing a Federal standard, and
incorporate these revisions into the 13211, ‘‘Actions Concerning Regulations does not alter the relationship or the
Texas SIP. Although we are not That Significantly Affect Energy Supply, distribution of power and
reopening the comment period on Distribution, or Use’’ (66 FR 28355, May responsibilities established in the Clean
RACT, we intend to finalize our 22, 2001). This proposed action merely Air Act. This proposed rule also is not
proposed approval that RACT is in proposes to approve state law as subject to Executive Order 13045
place for all major sources of VOCs in meeting Federal requirements and ‘‘Protection of Children from
the DFW area in the final rulemaking for imposes no additional requirements Environmental Health Risks and Safety
this proposal. We have evaluated these beyond those imposed by State law. Risks’’ (62 FR 19885, April 23, 1997),
revisions and determined that they are Accordingly, the Administrator certifies because it is not economically
consistent with the requirements of the that this proposed rule will not have a significant.
Act and EPA’s regulations, guidance significant economic impact on a In reviewing SIP submissions, EPA’s
and policy. These revisions fulfill the substantial number of small entities role is to approve State choices,
outstanding attainment demonstration under the Regulatory Flexibility Act (5 provided that they meet the criteria of
obligation for the 1-hour ozone standard U.S.C. 601 et seq.). Because this rule the Clean Air Act. In this context, in the
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in the DFW nonattainment area and the proposes to approve pre-existing absence of a prior existing requirement
outstanding obligation to adopt and requirements under State law and does for the State to use voluntary consensus
implement all applicable requirements not impose any additional enforceable standards (VCS), EPA has no authority
under the 1-hour ozone standard. We duty beyond that required by State law, to disapprove a SIP submission for
propose to approve these rules under it does not contain any unfunded failure to use VCS. It would thus be
section 110 and part D of the Act and mandate or significantly or uniquely inconsistent with applicable law for
EPA’s regulations. affect small governments, as described EPA, when it reviews a SIP submission,

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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Proposed Rules 48879

to use VCS in place of a SIP submission ADDRESSES: Submit your comments, restricted by statute. Certain other
that otherwise satisfies the provisions of identified by Docket ID Number EPA– material, such as copyrighted material,
the Clean Air Act. Thus, the R10–OAR–2006–0377, by one of the is not placed on the Internet and will be
requirements of section 12(d) of the following methods: publicly available only in hard copy
National Technology Transfer and A. Federal eRulemaking Portal: http: form. Publicly available docket
Advancement Act of 1995 (15 U.S.C. //www.regulations.gov: Follow the on- materials are available either
272 note) do not apply. This proposed line instructions for submitting electronically in http://
rule does not impose an information comments; www.regulations.gov or in hard copy
collection burden under the provisions B. E-mail: greaves.natasha@epa.gov; during normal business hours at the
of the Paperwork Reduction Act of 1995 C. Mail: Natasha Greaves, Federal and Office of Air, Waste and Toxics, U.S.
(44 U.S.C. 3501 et seq.). Delegated Air Programs Unit, U.S. Environmental Protection Agency,
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Seattle,
List of Subjects in 40 CFR Part 52 Region 10, 1200 Sixth Avenue, Mail Washington 98101.
Environmental protection, Air Stop: AWT–107, Seattle, WA 98101;
FOR FURTHER INFORMATION CONTACT:
pollution control, Nitrogen dioxide, D. Hand Delivery: U.S. Environmental
Protection Agency Region 10, Attn: Natasha Greaves, Federal and Delegated
Ozone, Volatile Organic Compounds, Air Programs Unit, Office of Air, Waste,
Intergovernmental relations, Reporting Natasha Greaves (AWT–107), 1200 Sixth
Avenue, Seattle, Washington 98101, 9th and Toxics, U.S. Environmental
and record keeping requirements. Protection Agency, Region 10, 1200
Floor. Such deliveries are only accepted
Authority: 42 U.S.C. 7401 et seq. during normal hours of operation, and Sixth Avenue, Mail Stop: AWT–107,
Dated: August 10, 2006. special arrangements should be made Seattle, WA 98101; telephone number:
Richard E. Greene, for deliveries of boxed information. (206) 553–7079; e-mail address:
Instructions: Direct your comments to greaves.natasha@epa.gov.
Regional Administrator, Region 6.
Docket ID No. EPA–R10–OAR–2006– SUPPLEMENTARY INFORMATION:
[FR Doc. E6–13866 Filed 8–21–06; 8:45 am] 0377. EPA’s policy is that all comments
BILLING CODE 6560–50–P received will be included in the public Table of Contents
docket without change and may be I. Background Information
made available online at http:// Why Is EPA Taking This Action?
ENVIRONMENTAL PROTECTION www.regulations.gov, including any II. EPA’s Evaluation
AGENCY personal information provided, unless What Criteria Were Used To Evaluate Rules
the comment includes information Submitted To Update 40 CFR Part 55?
40 CFR Part 55 III. Administrative Requirements
claimed to be Confidential Business
A. Executive Order 12866: Regulatory
[EPA–R10–OAR–2006–0377; FRL–8212–2] Information (‘‘CBI’’) or other
Planning and Review
information whose disclosure is B. Paperwork Reduction Act
Outer Continental Shelf Air restricted by statute. Do not submit C. Regulatory Flexibility Act
Regulations Consistency Update for information that you consider to be CBI D. Unfunded Mandates Reform Act
Alaska or otherwise protected through E. Executive Order 13132: Federalism
www.regulations.gov or e-mail. The F. Executive Order 13175: Coordination
AGENCY: Environmental Protection http://www.regulations.gov Web site is With Indian Tribal Government
Agency (EPA). an ‘‘anonymous access’’ system, which G. Executive Order 13045: Protection of
ACTION: Proposed rule-consistency means EPA will not know your identity Children From Environmental Health
update. or contact information unless you Risks and Safety Risks
H. Executive Order 13211: Actions That
provide it in the body of your comment. Significantly Affect Energy Supply,
SUMMARY: EPA is proposing to update a If you send an e-mail comment directly
portion of the Outer Continental Shelf Distribution, or Use
to EPA without going through http://
(‘‘OCS’’) Air Regulations. Requirements www.regulations.gov your e-mail I. National Technology Transfer and
applying to OCS sources located within address will be automatically captured Advancement Act
25 miles of States’ seaward boundaries and included as part of the comment I. Background Information
must be updated periodically to remain that is placed in the public docket and
consistent with the requirements of the made available on the Internet. If you Why Is EPA Taking This Action?
corresponding onshore area (‘‘COA’’), as submit an electronic comment, EPA On September 4, 1992, EPA
mandated by section 328(a)(1) of the recommends that you include your promulgated 40 CFR part 55,1 which
Clean Air Act (‘‘the Act’’). The portion name and other contact information in established requirements to control air
of the OCS air regulations that is being the body of your comment and with any pollution from OCS sources in order to
updated pertains to the requirements for disk or CD–ROM you submit. If EPA attain and maintain Federal and State
OCS sources in the State of Alaska. The cannot read your comment due to ambient air quality standards and to
intended effect of approving the OCS technical difficulties and cannot contact comply with the provisions of part C of
requirements for the State of Alaska is you for clarification, EPA may not be title I of the Act. Part 55 applies to all
to regulate emissions from OCS sources able to consider your comment. OCS sources offshore of the States
in accordance with the requirements Electronic files should avoid the use of except those located in the Gulf of
onshore. The change to the existing special characters, any form of Mexico west of 87.5 degrees longitude.
requirements discussed below is encryption, and be free of any defects or Section 328 of the Act requires that for
cprice-sewell on PROD1PC66 with PROPOSALS

proposed to be incorporated by viruses. such sources located within 25 miles of


reference into the Code of Federal Docket: All documents in the
Regulations and is listed in the electronic docket are listed in the http: 1 The reader may refer to the Notice of Proposed

appendix to the OCS air regulations. //www.regulations.gov index. Although Rulemaking, December 5, 1991 (56 FR 63774), and
the preamble to the final rule promulgated
DATES: Written comments must be listed in the index, some information is September 4, 1992 (57 FR 40792) for further
received on or before September 21, not publicly available, e.g., CBI or other background and information on the OCS
2006. information whose disclosure is regulations.

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