Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 58475 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 

2–1, paragraph (32)(e) of the Instruction, 

from further environmental 

documentation. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 117.317(l) to read as follows: 

§ 117.317 Okeechobee Waterway. 

* * * * * 

(l) Wilson Pigott Bridge, Olga, Florida. 

(1) The draw of the Wilson Pigott Bridge 

in Olga will open a single-leaf on signal 

with a double-leaf available with a 

three-hour notice to the bridge tender. 

In addition, the bridge will be closed to 

navigation for an eight-hour period; the 

exact times and date of the bridge 

closure will be published in the Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

(2) Effective Dates. This paragraph (l) 

is effective from 6 a.m. on October 7, 

2008, through 6 p.m. on February 28, 

2009. 

Dated: September 4, 2008. 

R.S. Branham, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. E8–23602 Filed 10–6–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0525; FRL–8726–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Reasonable Further Progress Plan, 

Motor Vehicle Emissions Budgets, and 

Revised 2002 Base Year Emissions 

Inventory; Dallas/Fort Worth 1997 

8-Hour Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Texas State Implementation Plan 

(SIP) to meet the Reasonable Further 

Progress (RFP) requirements of the 

Clean Air Act (CAA) for the Dallas/Fort 

Worth (DFW) moderate 1997 8-hour 

ozone nonattainment area. EPA is also 

approving the RFP motor vehicle 

emissions budgets (MVEBs) and a 

revised 2002 Base Year Emissions 

Inventory associated with the revision. 

EPA is approving the SIP revision 

because it satisfies the RFP, RFP 

transportation conformity and 

Emissions Inventory requirements for 

1997 8-hour ozone nonattainment areas 

classified as moderate and demonstrates 

further progress in reducing ozone 

precursors. EPA is approving the 

revision pursuant to section 110 and 

part D of the CAA and EPA’s 

regulations. 

DATES: This direct final rule will be 

effective December 8, 2008 without 

further notice unless EPA receives 

relevant adverse comments by 

November 6, 2008. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2007–0525, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7242. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2007–0525. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 


jlentini on PROD1PC65 with RULES
58476 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 

1EPA issued a revised 8-hour ozone standard on 

March 27, 2008 (73 FR 16436). The designation and 

implementation process for that standard is just 

starting and does not affect EPA’s action here. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Emad Shahin, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–6717; fax number 

214–665–7263; e-mail address 

shahin.emad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

the EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What Is a SIP? 

III. What Is the Background for This Action? 

IV. What Is EPA’s Evaluation of the Revision? 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

We are approving a revision to the 

Texas SIP, submitted to meet the 

Emissions Inventory and RFP 

requirements of the CAA for the DFW 

moderate 1997 8-hour ozone 

nonattainment area. The revision was 

adopted by the State of Texas on May 

23, 2007 and submitted to EPA on May 

30, 2007. We are approving the revised 

2002 Base Year Emissions Inventory, the 

15% RFP plan, and the RFP 2008 

MVEBs. The RFP plan demonstrates that 

emissions will be reduced 15 percent for 

the period of 2002 through 2008. The 

Volatile Organic Compounds (VOC) 

MVEB is 119.81 tpd, and the Oxides of 

Nitrogen (NOX) emissions budget is 

249.33 tpd. We are approving the SIP 

revision because it satisfies the 

Emissions Inventory, RFP, and RFP 

transportation conformity requirements 

for 1997 8-hour ozone nonattainment 

areas classified as moderate, and 

demonstrates further progress in 

reducing ozone precursors. We are 

approving the revision pursuant to 

section 110 and part D of the CAA and 

EPA’s regulations. 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

relevant adverse comments are received. 

This rule will be effective on December 

8, 2008 without further notice unless we 

receive relevant adverse comment by 

November 6, 2008. If we receive 

relevant adverse comments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

II. What Is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the national ambient air 

quality standards (NAAQS) established 

by EPA. NAAQS are established under 

section 109 of the CAA and currently 

address six criteria pollutants: carbon 

monoxide, nitrogen dioxide, ozone, 

lead, particulate matter, and sulfur 

dioxide. 

A SIP is a set of air pollution 

regulations, control strategies, other 

means or techniques, and technical 

analyses developed by the state, to 

ensure that the state meets the NAAQS. 

It is required by section 110 and other 

provisions of the CAA. A SIP protects 

air quality primarily by addressing air 

pollution at its point of origin. A SIP 

can be extensive, containing state 

regulations or other enforceable 

documents, and supporting information 

such as emissions inventories, 

monitoring networks, and modeling 

demonstrations. Each state must submit 

regulations and control strategies to EPA 

for approval and incorporation into the 

federally-enforceable SIP. 

III. What Is the Background for This 

Action? 

Inhaling even low levels of ozone, a 

key component of urban smog, can 

trigger a variety of health problems 

including chest pains, coughing, nausea, 

throat irritation, and congestion. It can 

also worsen bronchitis and asthma, and 

reduce lung capacity. Volatile organic 

compounds (VOC) and oxides of 

nitrogen (NOX) are known as ‘‘ozone 

precursors’’, as VOCs react with NOX, 

oxygen, and sunlight to form ozone. The 

CAA requires that areas not meeting the 

NAAQs for ozone demonstrate RFP in 

reducing emissions of ozone precursors. 

EPA promulgated, on July 18, 1997, a 

revised 8-hour ozone standard of 0.08 

parts per million (ppm), which is more 

protective than the previous 1-hour 

ozone standard (62 FR (38855).1 On 

April 30, 2004, EPA published 

designations and classifications for the 

revised 1997 8-hour ozone standard (69 

FR 23858); Ellis, Johnson, Kaufman, 

Parker, and Rockwall Counties (the five 

new counties) were added to the DFW 

ozone nonattainment area; and the area 

was classified as a moderate 

nonattainment area. The DFW 1997 8- 

hour ozone nonattainment area 

therefore consists of nine counties. 

Collin, Dallas, Denton, and Tarrant 

counties (the four core counties) were 

initially classified as a moderate 

nonattainment area under the 1-hour 

ozone standard with an attainment date 

no later than November 15, 1996 

(November 6, 1991, 56 FR 56694). The 

area did not attain the 1-hour standard 

by that outside 1996 deadline, and was 

reclassified as a serious 1-hour ozone 

nonattainment area with an attainment 

date no later than November 15, 1999 

(February 18, 1998, 63 FR 8128). 

On November 29, 2005 (70 FR 71612), 

as revised on June 8, 2007 (72 FR 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 58477 

2Reasonable further progress regulations are at 40 

CFR 51.910, and emissions inventory regulations 

are at 40 CFR 51.915. 

31727), EPA published the Phase 2 final 

rule for implementation of the 8-hour 

standard that addressed, among other 

things, the RFP control and planning 

obligations as they apply to areas 

designated nonattainment for the 1997 

8-hour ozone NAAQS. In the Phase 1 

Rule, RFP was defined in section 

51.900(p) as meaning for the purposes of 

the 1997 8-hour NAAQS, the progress 

reductions required under section 

172(c)(2) and section 182(b)(1) and 

(c)(2)(B) and (c)(2)(C) of the CAA. In 

section 51.900(q), rate of progress (ROP) 

was defined as meaning for purposes of 

the 1-hour NAAQS, the progress 

reductions required under section 

172(c)(2) and section 182(b)(1) and 

(c)(2)(B) and (c)(2)(C) of the CAA (see 69 

FR 23997). 

On December 22, 2006, the U.S. Court 

of Appeals for the District of Columbia 

Circuit vacated EPA’s Phase 1 Rule in 

South Coast Air Quality Management 

Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 

2006). On June 8, 2007, in response to 

several petitions for rehearing, the court 

modified the scope of vacatur of the 

Phase 1 Rule. See 489 F.3d 1245 (D.C. 

Cir. 2007), cert. denied, 128 S.Ct. 1065 

(2008). The court vacated those portions 

of the Phase 1 Rule that provide for 

regulation of the 1997 8-hour ozone 

NAAQS in some nonattainment areas 

under Subpart 1 in lieu of Subpart 2 and 

that allowed areas to revise their SIPs to 

no longer require certain programs as 

they applied for purposes of the 1-hour 

NAAQS; new source review, section 185 

penalties, and contingency plans for 

failure to meet RFP and attainment 

milestones. The decision does not affect 

the requirements for areas classified 

under subpart 2, such as the DFW area, 

to submit a reasonable further progress 

plan for the 1997 8-hour ozone NAAQS. 

Litigation on the Phase 2 Rule is 

pending before the D.C. Circuit Court of 

Appeals. 

Section 182 of the CAA and EPA’s 

1997 8-hour ozone regulations 2 require 

a state, for each 1997 8-hour ozone 

nonattainment area that is classified as 

moderate, to submit an emissions 

inventory and a RFP plan to show how 

the state will reduce emissions of VOCs 

and NOX. The DFW moderate 1997 8- 

hour ozone nonattainment area has a 

maximum attainment date of June 15, 

2010, that is beyond five years after 

designation. In addition, the four core 

counties in the DFW moderate area have 

an approved 15% VOC Rate of Progress 

plan under the 1-hour ozone standard 

(May 22, 1997, 62 FR 27964). 

For a moderate area with an 

attainment date of more than five years 

after designation, the RFP plan must 

obtain a 15% reduction in ozone 

precursor emissions for the first six 

years after the baseline year (2002 

through 2008). If such a moderate area 

also contains a portion of the area with 

an approved 15% VOC Rate of Progress 

plan under the 1-hour ozone standard, 

states are allowed to treat the area as 

two parts, each with a separate RFP 

target. (Rate of Progress refers to 

reasonable further progress for the 1- 

hour ozone standard.) For the part with 

an approved 15% VOC Rate of Progress 

plan under the 1-hour ozone standard, 

states can use reductions from VOC, 

NOX, or a combination of the two and 

the RFP plan must demonstrate RFP for 

a total of 15% emission reductions for 

the first six years due to the moderate 

classification. See 40 CFR 

51.910(a)(1)(ii)((A), which refers to 

section 51.910(b)(2). For the part 

without an approved 1-hour ozone 15% 

VOC Rate of Progress plan, states must 

obtain VOC reductions totaling 15% for 

the first six years. These VOC 

reductions can be obtained from the part 

of the area with an approved 1-hour 

VOC Rate of Progress plan. However, 

VOC reductions from the four core 

counties relied upon in the five new 

counties’ RFP plan (1) must be after the 

baseline year and meet the other criteria 

for credibility under section 182(b)(1) of 

the Act, (2) not have been relied upon 

in the four core counties’ RFP plan, and 

(3) cover the six-year period. For more 

information please see our Technical 

Support Document (TSD). 

Pursuant to CAA section 172(c)(9), 

RFP plans must include contingency 

measures that will take effect without 

further action by the State or EPA, 

which includes additional controls that 

would be implemented if the area fails 

to reach the reasonable further progress 

milestones. While the Act does not 

specify the type of measures or quantity 

of emissions reductions required, EPA 

provided guidance interpreting the Act 

that implementation of these 

contingency measures would provide 

additional emissions reductions of up to 

3% of the adjusted base year inventory 

(or a lesser percentage that will make up 

the identified shortfall) in the year 

following the RFP milestone year. For 

more information on contingency 

measures please see the April 16, 1992 

General Preamble (57 FR 13498, 13510) 

and the November 29, 2005 Phase 2 8- 

hour ozone standard implementation 

rule (70 FR 71612, 71650). RFP plans 

must also include a MVEB, which is the 

allowable on-road mobile emissions an 

area can produce and continue to 

demonstrate RFP. 

IV. What Is EPA’s Evaluation of the 

Revision? 

EPA has reviewed the revision for 

consistency with the requirements of 

EPA regulations. A summary of EPA’s 

analysis is provided below. For a full 

discussion of our evaluation, please see 

our TSD. 

A. Texas Has an Approvable Base Year 

Emissions Inventory 

CAA sections 172(c)(3) and 182(a)(1) 

require an inventory of actual emissions 

from all sources of relevant pollutants in 

the nonattainment area. EPA strongly 

recommended using 2002 as the base 

year emissions inventory. Texas has 

developed a 2002 Base Year Inventory 

for the DFW nonattainment area. The 

2002 Base Year Inventory includes all 

point, area, non-road mobile, and onroad mobile source emissions in all of 

the nine counties. On May 13, 2005 

Texas submitted the 2002 base year 

inventory to EPA as part of a SIP 

revision for the DFW 8-hour ozone nonattainment area. EPA reviewed the 2002 

base year inventory and determined that 

it was developed in accordance with 

EPA guidelines. A Federal Register 

Notice approving the 2002 base year 

inventory was published on August 15, 

2008 (73 FR 47835). 

However, since that revision was 

submitted to EPA, more accurate data 

became available and improved 

calculation methods have been 

developed. Because of these changes, 

the RFP SIP revision updates emissions 

data for the base year 2002. EPA has 

determined that the inventory was 

developed in accordance with EPA 

guidance on emission inventory 

preparation, and that the revised 2002 

Base Year Emissions Inventory is 

approvable. Table 1 lists the Emissions 

Inventory for the DFW area. For more 

detail on how emissions inventories 

were estimated, see the Technical 

Support Document. 


jlentini on PROD1PC65 with RULES
58478 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 

TABLE 1—DFW 2002 RFP BASE YEAR EMISSIONS INVENTORY

Source type 

VOC NOX

4 Core 

counties 

5 New 

counties 

9 County 

total 

4 Core 

counties 

5 New 

counties 

9 County 

total 

Base Year Emissions Inventory (Tons/Day) 

Point ................................................................................. 18.73 7.69 26.42 34.55 44.70 79.25 

Area .................................................................................. 205.07 32.34 237.41 34.96 2.08 37.04 

On-road Mobile ................................................................ 143.28 18.32 161.60 296.01 60.22 356.23 

Non-road Mobile .............................................................. 108.63 10.97 119.60 117.22 17.45 134.67 

Total .......................................................................... 475.71 69.32 545.03 482.74 124.45 607.19 

B. Adjusted Base Year Inventory and 

2008 RFP Target Levels 

The 2002 base year emissions 

inventory referenced above is also 

known as the ‘‘base year inventory,’’ 

and is the starting point for calculating 

RFP. Next, section 182(b)(2)(C) explains 

that the baseline from which emission 

reductions are calculated should be 

determined as outlined pursuant to 

CAA section 182(b)(1)(B). Section 

182(b)(1)(B) and 40 CFR 51.910 require 

that the base year inventory must be 

adjusted to exclude certain emissions 

specified in CAA section 182(b)(1)(D). 

This requires that the baseline exclude 

emission reductions due to Federal 

Motor Vehicle Control Programs 

(FMVCP) promulgated by the 

Administrator by January 1, 1990, and 

emission reductions due to the 

regulation of Reid Vapor Pressure 

promulgated by the Administrator prior 

to the enactment of the Clean Air Act 

Amendments of 1990. These measures 

are not creditable. 

The result (after the adjustment) is the 

‘‘adjusted base year inventory.’’ The 

required RFP 15% reduction is 

calculated by multiplying the adjusted 

base year inventory by 0.15. This figure 

is subtracted from the adjusted base year 

inventory, resulting in the target level of 

emissions for the milestone year (2008). 

Tables 2 and 3 feature summaries of the 

adjusted base year inventories (row c), 

required 15% reductions (row d), and 

2008 target level of emissions (row e), as 

described above. 

Texas has based the 15% plan on NOX

reductions for the four core counties, 

and VOC reductions for the five new 

counties, which do not have an 

approved 15% 1-hour ozone Rate of 

Progress Plan. To meet the RFP 

requirement, Texas’ plan must provide 

at least 68.43 tons per day (tpd) 

reductions in NOX emissions in the four 

core counties, and 10.11 tpd reductions 

in VOC for the five new counties. The 

VOC reductions may come from 

anywhere within the 8-hour 

nonattainment area (40 CFR 

51.910(a)(1)(iii)(B)(1)). 

TABLE 2—CALCULATION OF DFW REQUIRED NOX TARGET LEVEL OF

EMISSIONS FOR THE FOUR CORE

COUNTIES WITH AN APPROVED VOC 

15% 1-HOUR OZONE RATE OF

PROGRESS PLAN

Description 

NOX 4 core 

counties 

(tons/day) 

a. 2002 Base Year Inventory ... 482.74 

b. Excluded Emission Reductions ....................................... 26.52 

c. Adjusted Base Year Inventory (a–b) ............................... 456.22 

d. 15% Reductions (c × 0.15) .. 68.43 

e. 2008 Target (c–d) ................. 387.79 

TABLE 3—CALCULATION OF DFW 

VOC TARGET LEVELS OF EMISSIONS

IN TONS PER DAY FOR PORTION

WITHOUT AN APPROVED VOC RATE

OF PROGRESS PLAN

Description VOC (5 new 

counties) 

a. 2002 Emission Inventory ...... 69.32 

b. Non-creditable Reductions, 

2002–2008 ............................ 1.93 

c. 2002 Adjusted to 2008 (a–b) 67.39 

d. 15% Reductions (c × 0.15) .. 10.11 

e. 2008 Target (c–d) ................. 57.28 

C. The 2008 Projected Emissions 

Inventories and How the Total Required 

15% Reductions Are Achieved in the 

Four Core Counties and the Five New 

Counties 

Next, section 182(b)(1)(A) requires 

that States need to provide sufficient 

control measures in their RFP plans to 

offset any emissions growth. To do this 

the State must estimate the amount of 

growth that will occur between 2002 

and the end of 2008. The State uses 

population and economic forecasts to 

estimate how emissions will change in 

the future. Generally, the State followed 

our standard guidelines in estimating 

the growth in emissions. EPA’s MOBILE 

6.2.03 was used to develop the 2008 onroad inventory. For more detail on how 

emissions growth was estimated, see the 

TSD. Texas terms the projections of 

growth as the RFP 2008 Uncontrolled 

Inventories. 

Texas then estimates the projected 

emission reductions from the control 

measures in place between 2002 and the 

end of 2008 and applies these to the 

RFP 2008 Uncontrolled Inventories; the 

results are the RFP 2008 Controlled 

Inventories. The total amount of VOC 

and NOX emissions in the RFP 2008 

Controlled Inventories must be equal to 

or less than the 2008 target inventories 

(listed at row e in Tables 2 and 3, 

above). The RFP plan relies on a number 

of state and federal control measures 

intended to reduce NOX and VOC 

emissions. The control measures 

address emissions from point, area, 

mobile non-road, and mobile on-road 

sources. 

The majority of point source 

reductions are from the addition of NOX

controls at electric generating units in 

the four core counties and VOC controls 

on surface coating sources in the five 

new counties. Area source VOC 

reductions for the five new counties 

include (1) surface coating controls for 

automobile refinishing, factory finished 

wood, wood furniture, metal cans, metal 

coils, and machinery and equipment, (2) 

the State’s Stage I program, and (3) the 

State’s portable fuel container rule. The 

four core counties did not rely upon any 

area source NOX reductions. 

The mobile non-road emission 

reductions for the four core counties 

were a result of implementing federal 

measures, including the Tier I and II 

Locomotive NOX standards, the heavyduty non-road engines standards, the 

Tier 1, 2, and 3 non-road diesel engines 

standards, the small non-road SI engines 

Phase II standards, and the large nonroad SI and recreational marine 

standards. The five counties relied upon 

the following federal measures for the 


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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 58479 

mobile non-road emission reductions: 

the new non-road SI engines standards, 

the heavy-duty non-road engines 

standards, the Tier 1, 2, and 3 non-road 

diesel engines standards, the small nonroad SI engines Phase II standards, the 

large non-road SI and recreational 

marine standards, and non-road RFG. 

For all of the counties, emissions from 

locomotives, aircraft and support 

equipment, and commercial marine 

vessels were calculated outside of the 

NONROAD 5 model using EPA 

approved methodologies. EPA finds that 

the State’s projected emissions and 

emission reductions for these three nonroad mobile sources are acceptable. 

Reductions in mobile on-road 

emissions for the four core counties 

resulted from fleet turnover due to Tier 

1 and Tier 2 of the FMVCP, the Federal 

RFG, the Federal NLEV, the 2007 Heavy 

Duty Diesel FMVCP, and the State’s 

I/M Program. The mobile on-road 

emission reductions for the five 

counties were from fleet turnover due to 

Tier 1 and Tier 2 of the FMVCP, surplus 

VOC emission reductions in the four 

core counties from the Tier 1 FMVCP, 

the Federal NLEV, the 2007 Heavy Duty 

Diesel FMVCP, and the State’s I/M 

program. Each of the State measures 

relied upon in this plan have been 

approved in separate actions. See the 

TSD for more details. 

As a result, for NOX the target level 

of emissions is 387.79 tpd, and the 2008 

projected inventory after RFP reductions 

are applied is 374.09 tpd. For VOC, the 

target level of emissions is 57.28 tpd, 

and the 2008 projected inventory after 

RFP reductions are applied is 54.72 tpd. 

As illustrated in Table 4, for both 

pollutants the 2008 projection inventory 

is less than the target level of emissions. 

Therefore, the control measures 

included in the 2008 projection 

inventory are adequate to meet the 15% 

RFP requirement. 

TABLE 4—SUMMARY OF RFP DEMONSTRATION FOR DFW 

Inventory NOX (tons/day) 

4 core counties 

VOC (tons/day) 

5 new counties 

2008 Target ..................................................................................................................................................... 387.79 57.28 

2008 Uncontrolled Emissions .......................................................................................................................... 651.85 90.02 

2008 RFP Emission Reductions ...................................................................................................................... 277.76 *35.30 

2008 Projected Emissions after RFP Reductions ........................................................................................... 374.09 54.72 

RFP Met? ......................................................................................................................................................... Yes Yes 

*VOC reductions from the Federal Motor Vehicle Control Program in the 4 core counties were used to help meet the RFP emission reduction 

target for the 5 new counties. 

D. The Reasonable Further Progress 

Plan Includes Acceptable RFP 

Contingency Measures 

The 1997 8-hour ozone RFP plan for 

a moderate nonattainment area must 

include contingency measures, which 

are additional controls to be 

implemented if the area fails to make 

reasonable further progress. 

Contingency measures are intended to 

achieve reductions over and beyond 

those relied on in the RFP 

demonstration and could include 

federal and state measures already 

scheduled for implementation. The 

CAA does not preclude a state from 

implementing such measures before 

they are triggered. EPA interprets the 

CAA to require sufficient contingency 

measures in the RFP submittal, so that 

upon implementation of such measures, 

additional emission reductions of up to 

3% of the adjusted base year inventory 

(or a lesser percentage that will make up 

the identified shortfall) would be 

achieved between the milestone year of 

2008 and the next calendar year, i.e., 

2009. 

Texas used federal and state measures 

currently being implemented to meet 

the contingency measure requirement 

for the DFW RFP SIP. These measures, 

which are the same measures used for 

RFP, provide reductions that are in 

excess of those needed for RFP. As 

shown in Table 5, in both the four core 

counties and the five new counties, the 

excess reductions are greater than 3% of 

the adjusted base year inventories. 

Therefore these reductions are sufficient 

as contingency measures. 

TABLE 5—RFP CONTINGENCY MEASURE DEMONSTRATION FOR DFW RFP SIP 

Description 

NOX

4 core 

counties 

(tons/day) 

VOC 

5 new 

counties 

(tons/day) 

a. Adjusted Base Year Inventory (from Tables 2 and 3) ................................................................................................ 456.22 67.39 

b. 3% Needed for Contingency (a × 0.03) ...................................................................................................................... 13.69 2.02 

c. Excess Reductions Used for Contingency .................................................................................................................. 13.70 2.56 

d. Contingency Met? ........................................................................................................................................................ Yes Yes 

E. The RFP Milestone 2008 Motor 

Vehicle Emissions Budget (MVEB) Are 

Approvable 

The 1997 8-hour ozone RFP plan must 

include MVEBs for transportation 

conformity purposes. Texas submitted 

its RFP MVEBs for VOCs and NOX. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, delay 

reaching reasonable further progress 

milestones, or delay timely attainment 

of the NAAQS. A MVEB is the 

maximum amount of emissions allowed 

in the SIP for on-road motor vehicles. 

The MVEB is the mechanism to 

determine if the future transportation 

plans conform to the SIP. The MVEB 

establishes an emissions ceiling for the 

regional transportation network. The 

DFW RFP SIP contains VOC and NOX

MVEBs for the RFP milestone year 2008. 

The emissions budget for VOC is 119.81 

tpd, and the NOX emissions budget is 

249.33 tpd. On-road emissions must be 

shown in future transportation plans to 

be less than the MVEB for 2008 and 

subsequent years. The VOC and NOX

RFP emissions budgets are acceptable 


jlentini on PROD1PC65 with RULES
58480 Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 

because when added to the other 

components of the 2008 emissions 

inventory (including non-road, 

stationary source, and area source 

emissions) the total level of emissions is 

below the 2008 RFP emissions target 

level. We found the RFP MVEBs (also 

termed transportation conformity 

budgets) adequate and on June 28, 2007, 

the availability of these budgets was 

posted on our website for the purpose 

of soliciting public comments. The 

comment period closed on July 30, 

2007, and we received no comments. On 

March 21, 2008, we published the 

Notice of Adequacy Determination for 

these RFP MVEBs (73 FR 15152). Once 

determined adequate, these RFP budgets 

must be used in future DFW 

transportation conformity 

determinations. The adequacy 

determination represents a preliminary 

finding by EPA of the acceptability of 

the MVEB. Today we are finding the 

MVEBs are fully consistent with RFP, 

and the RFP plan is fully approvable, as 

it sets the allowable on-road mobile 

emissions the DFW area can produce 

and continue to demonstrate RFP. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 8, 

2008. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental Relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: September 26, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart SS—Texas 

■ 2. The second table in § 52.2270 (e), 

the table entitled ‘‘EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’ 

is amended by adding two new entries 

to the end of the table for ‘‘Reasonable 

Further Progress Plan’’, for the Dallas/ 

Fort Worth, TX area. The addition reads 

as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 58481 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or nonattainment area 

State approval/ 

submittal date EPA approval date Comments 

* * * * * * * 

Approval of the 1997 8-hour Ozone 15% Reasonable Further Progress Plan, and 2008 RFP 

Motor Vehicle Emission Budgets.

Dallas/Fort Worth, TX ................ 05/23/07 10/07/08 [Insert FR 

page number 

where document 

begins].

Revised 2002 Base Year Emissions Inventory .... Dallas/Fort Worth, TX ................ 05/23/07 10/07/08 [Insert FR 

page number 

where document 

begins].

[FR Doc. E8–23673 Filed 10–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 59 

[EPA–HQ–OAR–2008–0411; FRL–8725–9] 

RIN 2060–AP01 

Consumer and Commercial Products, 

Group IV: Control Techniques 

Guidelines in Lieu of Regulations for 

Miscellaneous Metal Products 

Coatings, Plastic Parts Coatings, Auto 

and Light-Duty Truck Assembly 

Coatings, Fiberglass Boat 

Manufacturing Materials, and 

Miscellaneous Industrial Adhesives 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Notice of final 

determination and availability of final 

control techniques guidelines. 

SUMMARY: Pursuant to Section 

183(e)(3)(C) of the Clean Air Act, EPA 

has determined that control techniques 

guidelines will be substantially as 

effective as national regulations in 

reducing emissions of volatile organic 

compounds in ozone national ambient 

air quality standard nonattainment areas 

from the following five Group IV 

product categories: miscellaneous metal 

products coatings, plastic parts coatings, 

auto and light-duty truck assembly 

coatings, fiberglass boat manufacturing 

materials, and miscellaneous industrial 

adhesives. Based on this determination, 

EPA is issuing control techniques 

guidelines in lieu of national regulations 

for these product categories. These 

control techniques guidelines will 

provide guidance to the States 

concerning EPA’s recommendations for 

reasonably available control technologylevel controls for these product 

categories. EPA further takes final action 

to list the five Group IV consumer and 

commercial product categories 

addressed in this notice pursuant to 

CAA Section 183(e). 

DATES: This final action is effective on 

October 7, 2008. 

ADDRESSES: EPA has established the 

following dockets for these actions: 

Consumer and Commercial Products, 

Group IV—Determination to Issue 

Control Techniques Guidelines in Lieu 

of Regulations, Docket No. EPA–HQ– 

OAR–2008–0411; Consumer and 

Commercial Products—Miscellaneous 

Metal and Plastic Parts Coatings, Docket 

No. EPA–HQ–OAR–2008–0412; 

Consumer and Commercial Products— 

Auto and Light-Duty Truck Assembly 

Coatings, Docket No. EPA–HQ–OAR– 

2008–0413; Consumer and Commercial 

Products—Fiberglass Boat 

Manufacturing Materials, Docket No. 

EPA–HQ–OAR–2008–0415; and 

Consumer and Commercial Products— 

Miscellaneous Industrial Adhesives, 

Docket No. EPA–HQ–OAR–2008–0460. 

All documents in the docket are listed 

in the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the Clean Air 

Act (CAA) Section 183(e) consumer and 

commercial products program, contact 

Mr. Bruce Moore, U.S. EPA, Office of 

Air Quality Planning and Standards, 

Sector Policies and Programs Division, 

Natural Resources and Commerce Group 

(E143–03), Research Triangle Park, 

North Carolina 27711, telephone 

number: (919) 541–5460, fax number: 

(919) 541–3470, e-mail address: 

moore.bruce@epa.gov. For further 

information on technical issues 

concerning the determination and 

control techniques guidelines (CTG) 

documents for miscellaneous metal and 

plastic parts coatings, or for fiberglass 

boat manufacturing materials, contact: 

Ms. Kaye Whitfield, U.S. EPA, Office of 

Air Quality Planning and Standards, 

Sector Policies and Programs Division, 

Natural Resources and Commerce Group 

(E143–03), Research Triangle Park, 

North Carolina 27711, telephone 

number: (919) 541–2509, fax number: 

(919) 541–3470, e-mail address: 

whitfield.kaye@epa.gov. For further 

information on technical issues 

concerning the determination and CTG 

for auto and light-duty truck assembly 

coatings or the revision of the 

Automobile Topcoat Protocol, contact: 

Mr. Dave Salman, U.S. EPA, Office of 

Air Quality Planning and Standards, 

Sector Policies and Programs Division, 

Coatings and Chemicals Group (E143– 

01), Research Triangle Park, North 

Carolina 27711, telephone number: 

(919) 541–0859, fax number: (919) 541– 

3470, e-mail address: 

salman.dave@epa.gov. For further 

information on technical issues 

concerning the determination and CTG 

for miscellaneous industrial adhesives, 

contact: Ms. Martha Smith, U.S. EPA, 

Office of Air Quality Planning and 

Standards, Sector Policies and Programs 

Division, Natural Resources and 

Commerce Group (E143–03), Research 

Triangle Park, North Carolina 27711, 

telephone number: (919) 541–2421, fax 

number: (919) 541–3470, e-mail 

address: smith.martha@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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