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Federal Register / Vol. 70, No.

193 / Thursday, October 6, 2005 / Rules and Regulations 58325

* * * * * search,’’ then key in the appropriate TCEQ submitted a letter to EPA on July
[FR Doc. 05–20005 Filed 10–5–05; 8:45 am] RME Docket identification number. 5, 2005, requesting that we not act on
BILLING CODE 6560–50–P Although listed in the index, some certain portions of the rule revision as
information is not publicly available, it was submitted on March 23, 2005. We
i.e., CBI or other information whose are approving revisions of those aspects
ENVIRONMENTAL PROTECTION disclosure is restricted by statute. of the rule on which the TCEQ has not
AGENCY Certain other material, such as requested that EPA postpone action.
copyrighted material, is not placed on II. What Is the Background for This
40 CFR Part 52 the Internet and will be publicly Action?
[R06–OAR–2005–TX–0020; FRL–7982–2] available only in hard copy form.
Publicly available docket materials are We approved the original TXLED rule
Approval and Promulgation of Air available either electronically in RME or on November 14, 2001, (66 FR 57196) as
Quality Implementation Plans; Texas; in hard copy at the Air Planning Section part of the Houston-Galveston
Texas Low-Emission Diesel Fuel (6PD–L), Environmental Protection Attainment Demonstration SIP. On
Program Agency, 1445 Ross Avenue, Suite 700, December 15, 2004, the Texas
Dallas, Texas 75202–2733. The file will Commission on Environmental Quality
AGENCY: Environmental Protection be made available by appointment for (TCEQ) Commissioners proposed to
Agency (EPA). public inspection in the Region 6 FOIA revise the TXLED rule and adopted the
ACTION: Final rule. Review Room between the hours of 8:30 rule changes on March 9, 2005. The
a.m. and 4:30 p.m. weekdays except for TCEQ submitted the TXLED rule
SUMMARY: EPA is approving a State changes on March 23, 2005 to EPA for
legal holidays. Contact the person listed
Implementation Plan (SIP) revision in the FOR FURTHER INFORMATION approval into the SIP. We approved the
submitted by the State of Texas making CONTACT paragraph below or Mr. Bill
compliance date rule changes, 30 TAC
changes to the Texas Low-Emission Deese at (214) 665–7253 to make an 114. 319, of the March 23, 2005 SIP
Diesel (TXLED) Fuel program. With one appointment. If possible, please make revision for TXLED on April 6, 2005 (70
exception, the changes are either the appointment at least two working FR 17321). This was done under parallel
administrative in nature, clarify existing days in advance of your visit. There will processing at the request of the State.
provisions, add more specific reporting be a 15 cent per page fee for making The compliance date was changed from
and recordkeeping requirements, or photocopies of documents. On the day April 1, 2005, to a phased schedule of
update references. These changes meet implementation starting October 1,
of the visit, please check in at the EPA
section 110(l) of the Federal Clean Air 2005, until January 1, 2006. On August
Region 6 reception area at 1445 Ross
Act (the Act) because they improve the 10, 2005 (70 FR 46448), we proposed
Avenue, Suite 700, Dallas, Texas.
quality of the SIP and make it more The State submittal is also available approval of the remaining portions of
enforceable. for public inspection at the State Air the March 23, 2005, SIP revision
The more substantive change is the Agency listed below during official submittal—30 TAC 114.6 and 114.312,
repeal of the state sulfur standard. This 114.314–114.316, 114.318, and
business hours by appointment:
repeal being approved does not change Texas Commission on Environmental 114.319—except Approved Test
the ultimate requirements regarding the Quailty, Office of Air Quality, 12124 Methods in section 114.315(b) and
reductions to be achieved because Texas Park 35 Circle, Austin, Texas 78753. Alternative V in section
did not rely upon the sulfur standard 114.315(c)(4)(C)(ii)(V). The State
when EPA originally approved the requested that we take no action on
Sandra Rennie, Air Planning Section these two portions of the SIP revision
program as part of the Houston ozone (6PD–L), Environmental Protection
attainment demonstration SIP. Also, submittal. Please see the proposal notice
Agency, Region 6, 1445 Ross Avenue, and its associated Technical Support
there are no sulfur dioxide (SO2) or Suite 700, Dallas, Texas 75202–2733,
particulate matter (PM) nonattainment Document for more information.
telephone (214) 665–7367; fax number Changes to the rule are to definitions,
areas in the affected area and no 214–665–7263; e-mail address
monitored violations. As a result, in low emission diesel standards, registration of producers and importers,
accordance with section 110(l) of the
Act, this removal will not interfere with SUPPLEMENTARY INFORMATION: approved test methods, monitoring,
attainment of the National Ambient Air Throughout this document wherever reporting and recordkeeping
Quality Standards (NAAQS), Rate of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean requirements, testing and approval
Progress, reasonable further progress or the EPA. requirements for alternative fuel
any other applicable requirement of the formulation, and alternative emission
Act. Under section 553(d)(1) of the reduction plans. Except the removal of
I. What Action Is EPA Taking? the sulfur standard, the rule changes
Administrative Procedure Act, EPA is II. What Is the Background for This Action?
making this action effective upon either are administrative in nature,
III. What Comments Were Received During
publication because it relieves a the Public Comment Period, August 10, clarify existing provisions, update
restriction. 2005, to September 9, 2005? existing references, add more stringent
IV. Final Action reporting and recordkeeping
DATES: This rule is effective on October V. Statutory and Executive Order Reviews requirements, or improve the new diesel
6, 2005. formulation testing requirements. These
ADDRESSES: EPA has established a I. What Action Is EPA Taking? types of changes improve the existing
docket for this action under Regional Today we are approving revisions to SIP and make it more enforceable.
Material in EDocket (RME) Docket ID the TXLED rule submitted to EPA for The sulfur standard was removed
No. R06–OAR–2005–TX–0020. All approval as a SIP revision on March 23, because the federal ultra-low sulfur
documents in the docket are listed in 2005, except two portions on which we diesel standards are now promulgated
the Regional Material in EDocket (RME) are taking no action and one portion for and will reduce sulfur in on-highway
index at, which we already took action on April diesel in 2006 and in non-road
once in the system, select ‘‘quick 6, 2005. The Executive Director of the equipment starting in 2007. Reducing

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58326 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations

sulfur emissions does not directly trusted methods that will, with the capabilities, and there is no need for
reduce NOX and VOC emissions that are proper application, produce data of high Texas to duplicate such a program at the
precursors to ozone formation. quality. expense of the State and Federal
Consequently, there will be no increase 1.2 Comment: The commenter government. The ETV/VDRP process is
in ozone concentration levels in the recommends that testing be done in a more thorough than the comparative
eastern and central parts of Texas from process open to public review and testing proposed by the commenter. The
the period of the previous state sulfur comment, and includes a list of testing ETV/VDRP processes provide an even
standard to the federal sulfur standard. elements they believe are most critical greater degree of assurance to the
Moreover, none of the ozone attainment to effective review and comment. These consumer and the general public.
demonstration SIPs relied upon the elements include engine selection, fuel
selection, additive information, 3. Proposed Revisions to Alternate
sulfur emission reductions from the
emission testing laboratory selection, Emission Reduction Plans
TXLED program.
Reducing sulfur emissions does and emission testing protocol. 3.1 Comment: The commenter
reduce sulfur dioxides and particulate 1.2 Response: See our response to supports the revision to the Alternate
matter emissions but there are no SO2 4.2 that addresses public review and Emission Reduction Plans language at
and PM nonattainment areas in the comment. 30 TAC § 114.318.
eastern and central parts of Texas. There Regarding the list, many of the 3.1 Response: We appreciate the
also are no monitored violations of these specific points listed under the general support.
three standards in the affected areas and categories are already covered in 30
4. EPA Approval of Alternative Diesel
no upward trends. Moreover, there is TAC 114.315. The only general category
Fuel Formulations
only a three-month difference for not included in the TXLED rule is
implementation of the on-road sulfur emissions testing laboratory selection. 4.1 Comment: Oryxe raises concerns
standard. The attainment areas are in Using guidance provided by the State, a about the removal of EPA from 30 TAC
attainment of these standards before the company should use good judgement in § 114.312(f). They assert that this
new Federal sulfur standard dates. selecting a laboratory for testing. EPA removal would have no effect on EPA’s
does not formally recognize, certify, or continuing oversight of the TXLED
III. What Comments Were Received qualify laboratories. Currently EPA may program. The commenter acknowledges
During the Public Comment Period, recognize data produced by some that this is not an approvable provision.
August 10, 2005, to September 9, 2005? laboratories with more confidence than 4.1 Response: EPA continues to have
Comments were received from Exxon- data from others because of our past oversight of the TXLED alternative fuel
Mobil Refining and Supply Company experience with those laboratories. EPA, formulation testing by the addition of
and from Oryxe Energy International, along with Texas, is asking for quality EPA consultation in § 114.315(c)(6).
Inc. assurance/quality control (QA/QC) This consultation can include the
Exxon-Mobil commented in support plans from laboratories with which we review of test protocols, quality
of the approval of the rule. We have little experience that are planning assurance/quality control plans, as well
appreciate the support. to test under 30 TAC 114.315. Good QA/ as test data. EPA has been consulting
Oryxe Energy had the following QC plans will help ensure the validity with the State, test laboratories, and
comments: of the data and preserve the integrity of vendors regarding test protocols, QA/AC
the program. plans, and test data. As the commenter
1. Testing of Alternative Diesel Fuel notes, Texas has agreed to remove this
Formulations 1.3 Comment: Oryxe recommended
language changes to the Texas Executive Director discretion in a future
1.1 Comment: Oryxe believes that Administrative Code at 30 TAC rulemaking.
the use of the most up-to-date ASTM or § 114.315 in five places. 4.2 Comment: Oryxe suggests that
EPA methods is not itself sufficient to 1.3 Response: We did not propose removal of EPA approval makes it
ensure the integrity of the program for changes to the Texas rule, therefore new absolutely essential that testing under
the protection of the consumer and language changes are not the subject of the alternative formulations process be
assurance of achieving clean air goals. this rulemaking. Oryxe should contact open and subject to public notice and
Test protocols and laboratories used to Texas during rule development to voice comment.
run the tests on alternative diesel fuel its concerns regarding regulatory 4.2 Response: EPA disagrees with
formulations must be assured of the language. We cannot change the content this comment. The approved test
highest order in order [for the test of State regulations in our approval method laid out in 30 TAC § 114.315 is
results] to qualify for SIP credit. actions. a replicable procedure that was
Alternately, the same assurance could originally approved by EPA in
be accomplished by EPA recognition of 2. Monitoring Requirements November 2001 and now is revised after
laboratory capabilities, or oversight by 2.1 Comment: Oryxe suggests adding being subject to public notice and
another appropriate governmental language at the end of 30 TAC comment by the State. We believe that
entity. § 114.316(e) to ensure that the benefits a replicable procedure can be subject to
1.1 Response: We agree in principle from Nox reductions are verified. public notice and comment when it is
that the use of ASTM or EPA methods 2.1 Response: We cannot change the being adopted and approved. The
does not in itself provide all assurances content of State regulations in our concept is to avoid treating each
with regard to data produced using approval actions. A process for alternative fuel formulation and its
them. We also agree that how a verification of fuel additive technologies testing process as a separate SIP revision
laboratory operates with regard to exists in EPA’s Environmental by establishing a generic testing
quality assurance and quality control Technology Verification (ETV) program protocol that is subject to notice and
procedures is of critical importance in in cooperation with the Voluntary comment, and approving that generic
generating data that can be viewed with Diesel Retrofit Program. With these protocol. The State has the regulatory
confidence. In the context of this rule, programs in place, protocols and process establishing the test procedure.
as part of a replicable procedure, we processes already exist for verifying a In advance of setting a test protocol for
believe that ASTM or EPA methods are product’s emission reduction a new product, the State will consult

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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58327

with EPA in case it is evident that slight Act (5 U.S.C. 601 et seq.). Because this may take effect, the agency
deviations from the established test rule approves pre-existing requirements promulgating the rule must submit a
methods may be warranted due to the under state law and does not impose rule report, which includes a copy of
nature of the product being tested. any additional enforceable duty beyond the rule, to each House of the Congress
that required by state law, it does not and to the Comptroller General of the
IV. Final Action
contain any unfunded mandate or United States. EPA will submit a report
EPA is granting approval of the significantly or uniquely affect small containing this rule and other required
revisions to the TXLED rule as governments, as described in the information to the U.S. Senate, the U.S.
submitted March 23, 2005, with the Unfunded Mandates Reform Act of 1995 House of Representatives, and the
following exceptions: (1) The (Pub. L. 104–4). Comptroller General of the United
compliance date changes that were This rule also does not have tribal States prior to publication of the rule in
already approved on April 6, 2005; (2) implications because it will not have a the Federal Register. A major rule
revisions to Approved Test Methods in substantial direct effect on one or more cannot take effect until 60 days after it
§§ 114.315(b) and 114.315(c)(4)(C)(ii)(V) Indian tribes, on the relationship is published in the Federal Register.
that the State specifically requested we between the Federal Government and This action is not a ‘‘major rule’’ as
not process at this time as specified Indian tribes, or on the distribution of defined by 5 U.S.C. section 804(2).
above. None of the revisions being power and responsibilities between the Under section 307(b)(1) of the Clean
proposed for approval change the Federal Government and Indian tribes, Air Act, petitions for judicial review of
ultimate requirements regarding the as specified by Executive Order 13175 this action must be filed in the United
reductions to be achieved. There will be (65 FR 67249, November 9, 2000). This States Court of Appeals for the
no increase in ozone concentration action also does not have Federalism appropriate circuit by December 5,
levels because of approving the implications because it does not have 2005. Filing a petition for
revisions. The affected 110 counties are substantial direct effects on the States, reconsideration by the Administrator of
in attainment of the SO2 and PM on the relationship between the national this final rule does not affect the finality
standards, are not monitoring government and the States, or on the of this rule for the purposes of judicial
exceedances, are not experiencing any distribution of power and review nor does it extend the time
upward trends, and are in attainment responsibilities among the various within which a petition for judicial
before the date for the federal sulfur levels of government, as specified in review may be filed, and shall not
standard. As a result and in accordance Executive Order 13132 (64 FR 43255, postpone the effectiveness of such rule
with section 110(l) of the Act, 42 U.S.C. August 10, 1999). This action merely or action. This action may not be
section 7410(l), these revisions will not approves a state rule implementing a challenged later in proceedings to
interfere with attainment of the National Federal standard, and does not alter the enforce its requirements. (See section
Ambient Air Quality Standards relationship or the distribution of power 307(b)(2).)
(NAAQS), Rate of Progress, reasonable and responsibilities established in the
further progress, or any other applicable Clean Air Act. This rule also is not List of Subjects in 40 CFR Part 52
requirement of the Clean Air Act. subject to Executive Order 13045 Environmental protection, Air
Section 553(d) of the Administrative ‘‘Protection of Children from pollution control, Carbon monoxide,
Procedure Act generally provides that Environmental Health Risks and Safety Hydrocarbons, Incorporation by
rules may not take effect earlier than 30 Risks’’ (62 FR 19885, April 23, 1997), reference, Intergovernmental relations,
days after they are published in the because it is not economically Lead, Nitrogen oxides, Ozone,
Federal Register. However, section significant. Particulate matter, Reporting and
553(d)(1) allows a rule to take effect In reviewing SIP submissions, EPA’s recordkeeping requirements, Sulfur
earlier if it relieves a restriction. We are role is to approve state choices, oxides, Volatile organic compounds.
making this action effective upon provided that they meet the criteria of Dated: September 28, 2005.
publication because it relieves a the Clean Air Act. In this context, in the Lawrence E. Starfield,
restriction. absence of a prior existing requirement
Acting Regional Administrator, Region 6.
for the State to use voluntary consensus
V. Statutory and Executive Order ■ 40 CFR part 52 is amended as follows:
standards (VCS), EPA has no authority
to disapprove a SIP submission for
Under Executive Order 12866 (58 FR failure to use VCS. It would thus be PART 52—[AMENDED]
51735, October 4, 1993), this action is inconsistent with applicable law for ■ 1. The authority citation for part 52
not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission, continues to read as follows:
therefore is not subject to review by the to use VCS in place of a SIP submission
Authority: 42 U.S.C. 7401 et seq.
Office of Management and Budget. For that otherwise satisfies the provisions of
this reason, this action is also not the Clean Air Act. Thus, the Subpart SS—Texas
subject to Executive Order 13211, requirements of section 12(d) of the
‘‘Actions Concerning Regulations That National Technology Transfer and ■ 2. The table in § 52.2270(c) entitled
Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C. ‘‘EPA Approved Regulations in the
Distribution, or Use’’ (66 FR 28355, May 272 note) do not apply. This rule does Texas SIP’’ is amended by revising the
22, 2001). This action merely approves not impose an information collection entries for Sections 114.6 under Chapter
state law as meeting Federal burden under the provisions of the 114, Subchapter A, and 114.312,
requirements and imposes no additional Paperwork Reduction Act of 1995 (44 114.314, 114.315, 114.316, and 114.318
requirements beyond those imposed by U.S.C. 3501 et seq.). under Chapter 114, Subchapter H,
state law. Accordingly, the The Congressional Review Act, 5 Division 2, to read as follows:
Administrator certifies that this rule U.S.C. section 801 et seq., as added by
will not have a significant economic the Small Business Regulatory § 52.2270 Identification of plan.
impact on a substantial number of small Enforcement Fairness Act of 1996, * * * * *
entities under the Regulatory Flexibility generally provides that before a rule (c) * * *

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58328 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations


State ap-
State citation Title/subject proval/sub- EPA approval date Explanation
mittal date

* * * * * * *

Chapter 114 (Reg 4)—Control of Air Pollution from Motor Vehicles

Subchapter A—Definitions

* * * * * * *
Section 114.6 .......................... Low Emission Fuel Definitions 03/09/05 10/6/05. [Insert FR page
number where document

* * * * * * *

Subchapter H—Low Emission Fuels

* * * * * * *

Division 2—Low Emission Diesel

Section 114.312 ...................... Low Emission Diesel Stand- 03/09/05 10/6/05. [Insert FR page
ards. number where document

* * * * * * *
Section 114.314 ...................... Registration of Diesel Pro- 03/09/05 10/6/05. [Insert FR page
ducers and Importers. number where document
Section 114.315 ...................... Approved Test Methods ........ 03/09/05 10/6/05. [Insert FR page EPA took no action on Sec-
number where document tion 114.315(b) and section
begins]. 114.315(c)(4) (C)(ii)(V).
Section 114.316 ...................... Monitoring, Recordkeeping, 03/09/05 10/6/05. [Insert FR page
and Reporting Require- number where document
ments. begins].

* * * * * * *
Section 114.318 ...................... Alternative Emission Reduc- 03/09/05 10/6/05. [Insert FR page
tion Plan. number where document

* * * * * * *

[FR Doc. 05–20108 Filed 10–5–05; 8:45 am] (MADEP) on August 23, 2005. This and inform the public that the rule will
BILLING CODE 6560–50–P negative declaration adequately certifies not take effect.
that there are no existing hospital/
medical/infectious waste incinerators ADDRESSES: Submit your comments,
ENVIRONMENTAL PROTECTION (HMIWIs) located within the boundaries identified by Regional Material in
AGENCY of the Commonwealth of Massachusetts. EDocket (RME) ID Number R01–OAR–
EPA publishes regulations under 2005–MA–0002 by one of the following
40 CFR Part 62 Sections 111(d) and 129 of the Clean Air methods:
Act requiring states to submit control A. Federal eRulemaking Portal:
[R01–OAR–2005–MA–0002; FRL–7981–5] plans to EPA. These state control plans Follow the
show how states intend to control the on-line instructions for submitting
Approval and Promulgation of State emissions of designated pollutants from
Plans For Designated Facilities and comments.
designated facilities (e.g., HMIWIs). The
Pollutants: Massachusetts; Negative Commonwealth of Massachusetts B. Agency Web site: http://
Declaration submitted this negative declaration in Regional
lieu of a state control plan. Material in EDocket (RME), EPA’s
AGENCY: Environmental Protection
DATES: This direct final rule is effective
electronic public docket and comment
Agency (EPA).
on December 5, 2005 without further system, is EPA’s preferred method for
ACTION: Direct final rule. receiving comments. Once in the
notice unless EPA receives significant
SUMMARY: EPA is approving the Sections adverse comment by November 7, 2005. system, select ‘‘quick search,’’ then key
111(d) and 129 negative declaration If EPA receives adverse comment, we in the appropriate RME Docket
submitted by the Massachusetts will publish a timely withdrawal of the identification number. Follow the on-
Department of Environmental Protection direct final rule in the Federal Register

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