Approval and Promulgation of Implementation Plan: Texas 1990 Base Year Ozone Emissions Inventories

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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