You are on page 1of 5

29466 Federal Register / Vol. 70, No.

98 / Monday, May 23, 2005 / Proposed Rules

quantified, surplus, permanent, and, if August 10, 1999). This action merely SUMMARY: The EPA is proposing to
approved, will be Federally enforceable proposes to approve a state rule approve revisions to the State
SIP revisions. We have reviewed the implementing a Federal standard, and Implementation Plan (SIP) submitted by
CAAP and the attainment does not alter the relationship or the the Chairman of the Texas Commission
demonstration and determined that they distribution of power and on Environmental Quality (TCEQ) on
are consistent with the requirements of responsibilities established in the Clean December 6, 2004. The proposed
the CAA, EPA’s policy, and the EAC Air Act. This proposed rule also is not revisions will demonstrate attainment of
protocol. The modeling of ozone and subject to Executive Order 13045 the 8-hour ozone standard and
ozone precursor emissions from sources ‘‘Protection of Children from incorporate the San Antonio Early
in the five county Austin EAC area Environmental Health Risks and Safety Action Compact (EAC) Clean Air Plan
demonstrate that the specified control Risks’’ (62 FR 19885, April 23, 1997), into the Texas SIP. EPA is proposing
strategies will provide for attainment of because it is not economically approval of the photochemical modeling
the 8-hour ozone NAAQS by December significant. in support of the attainment
31, 2007. In reviewing SIP submissions under demonstration of the 8-hour ozone
X. Statutory and Executive Order the National Technology Transfer and standard within the San Antonio EAC
Reviews Advancement Act of 1995 (15 U.S.C. area and is proposing approval of the
272 note), EPA’s role is to approve state associated control measures. EPA is
Under Executive Order 12866 (58 FR choices, provided that they meet the proposing these actions as a
51735, October 4, 1993), this proposed criteria of the Clean Air Act. In this strengthening of the SIP in accordance
action is not a ‘‘significant regulatory context, in the absence of a prior with the requirements of sections 110
action’’ and therefore is not subject to existing requirement for the State to use and 116 of the Federal Clean Air Act
review by the Office of Management and voluntary consensus standards (VCS), (the Act), which will result in emission
Budget. For this reason and because this EPA has no authority to disapprove a reductions needed to help achieve
action will not have a significant, SIP submission for failure to use VCS. attainment and maintenance of the 8-
adverse effect on the supply, It would thus be inconsistent with hour National Ambient Air Quality
distribution, or use of energy, this action applicable law for EPA, when it reviews Standard (NAAQS) for ozone.
is also not subject to Executive Order a SIP submission, to use VCS in place DATES: Comments must be received on
13211, ‘‘Actions Concerning Regulations of a SIP submission that otherwise
That Significantly Affect Energy Supply, or before June 22, 2005.
satisfies the provisions of the Clean Air ADDRESSES: Submit comments,
Distribution, or Use’’ (66 FR 28355, May
Act. Thus, the requirements of section identified by Regional Material in
22, 2001). This proposed action merely
12(d) of the National Technology EDocket (RME) ID No. R06–OAR–2005–
proposes to approve state law as
Transfer and Advancement Act of 1995 TX–0010, by one of the following
meeting Federal requirements and
do not apply. This proposed rule does methods:
imposes no additional requirements
not impose an information collection Federal eRulemaking Portal: http://
beyond those imposed by state law.
burden under the provisions of the www.regulations.gov. Follow the on-line
Accordingly, the Administrator certifies
Paperwork Reduction Act of 1995 (44 instructions for submitting comments.
that this proposed rule will not have a
U.S.C. 3501 et seq.). Agency Web site: http://
significant economic impact on a
substantial number of small entities List of Subjects 40 CFR Part 52 docket.epa.gov/rmepub/ Regional
under the Regulatory Flexibility Act (5 Material in EDocket (RME), EPA’s
Environmental protection, Air electronic public docket and comment
U.S.C. 601 et seq.). Because this rule
pollution control, Incorporation by system, is EPA’s preferred method for
proposes to approve pre-existing
reference, Intergovernmental relations, receiving comments. Once in the
requirements under state law and does
Nitrogen dioxide, Ozone, Reporting and system, select ‘‘quick search,’’ then key
not impose any additional enforceable
recordkeeping requirements, Volatile in the appropriate RME Docket
duty beyond that required by state law,
organic compounds. identification number. Follow the on-
it does not contain any unfunded
mandate or significantly or uniquely Authority: 42 U.S.C. 7401 et seq. line instructions for submitting
affect small governments, as described Dated: May 13, 2005. comments.
in the Unfunded Mandates Reform Act Lawrence E. Starfield, U.S. EPA Region 6 ‘‘Contact Us’’ Web
of 1995 (Pub. L. 104–4). Acting Regional Administrator, Region 6.
site: http://epa.gov/region6/
This proposed rule also does not have r6coment.htm. Please click on ‘‘6PD’’
[FR Doc. 05–10194 Filed 5–20–05; 8:45 am]
tribal implications because it will not (Multimedia) and select ‘‘Air’’ before
BILLING CODE 6560–50–P
have a substantial direct effect on one or submitting comments.
more Indian tribes, on the relationship E-mail: Mr. Thomas Diggs at
between the Federal Government and diggs.thomas@epa.gov. Please also cc
ENVIRONMENTAL PROTECTION
Indian tribes, or on the distribution of the person listed in the FOR FURTHER
AGENCY
power and responsibilities between the INFORMATION CONTACT section below.
Federal Government and Indian tribes, 40 CFR Part 52 Fax: Mr. Thomas Diggs, Chief, Air
as specified by Executive Order 13175 Planning Section (6PD–L), at fax
(65 FR 67249, November 9, 2000). This [R06–OAR–2005–TX–0010; FRL–7916–5] number 214–665–7263.
action also does not have Federalism Mail: Mr. Thomas Diggs, Chief, Air
implications because it does not have Approval and Promulgation of Air Planning Section (6PD–L),
substantial direct effects on the States, Quality Implementation Plans; Texas; Environmental Protection Agency, 1445
on the relationship between the national Attainment Demonstration for the San Ross Avenue, Suite 1200, Dallas, Texas
government and the States, or on the Antonio Early Action Compact Area 75202–2733.
distribution of power and AGENCY: Environmental Protection Hand or Courier Delivery: Mr.
responsibilities among the various Agency (EPA). Thomas Diggs, Chief, Air Planning
levels of government, as specified in Section (6PD–L), Environmental
ACTION: Proposed rule.
Executive Order 13132 (64 FR 43255, Protection Agency, 1445 Ross Avenue,

VerDate jul<14>2003 14:30 May 20, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1
Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Proposed Rules 29467

Suite 1200, Dallas, Texas 75202–2733. inspection in the Region 6 FOIA Review and adopt and implement a clean air
Such deliveries are accepted only Room between the hours of 8:30 a.m. plan, consisting of emissions control
between the hours of 8 a.m. and 4 p.m. and 4:30 p.m. weekdays except for legal measures to ensure that the EAC area
weekdays except for legal holidays. holidays. Contact the person listed in achieves compliance with the 8-hour
Special arrangements should be made the FOR FURTHER INFORMATION CONTACT ozone standard by December 31, 2007.
for deliveries of boxed information. paragraph below or Mr. Bill Deese at Section VI of this rulemaking describes
Instructions: Direct your comments to (214) 665–7253 to make an the control measures that will be
Regional Material in EDocket (RME) ID appointment. If possible, please make implemented within the San Antonio
No. R06–OAR–2005–TX–0010. The the appointment at least two working EAC area.
EPA’s policy is that all comments days in advance of your visit. There will
received will be included in the public II. What Is an EAC?
be a 15 cents per page fee for making
file without change, and may be made photocopies of documents. On the day The Early Action Compact program
available online at http:// of the visit, please check in at the EPA was developed to allow communities an
docket.epa.gov/rmepub/, including any Region 6 reception area at 1445 Ross opportunity to reduce emissions of
personal information provided, unless Avenue, Suite 700, Dallas, Texas. ground level ozone pollution sooner
the comment includes information The State submittal is also available than the Act requires. The program was
claimed to be Confidential Business for public inspection at the State Air designed for areas that approach or
Information (CBI) or other information Agency listed below during official monitor exceedances of the 8-hour
the disclosure of which is restricted by business hours by appointment: standard, but are in attainment for the
statute. Do not submit information Texas Commission on Environmental 1-hour ozone standard. The compact is
through Regional Material in EDocket Quality, Office of Air Quality, 12124 a voluntary agreement between local
(RME), regulations.gov, or e-mail if you Park 35 Circle, Austin, Texas 78753. communities, State and Tribal air
believe that it is CBI or otherwise FOR FURTHER INFORMATION CONTACT: quality officials and EPA, which allows
protected from disclosure. The EPA Carrie Paige, Air Planning Section participating State and local entities to
RME Web site and the federal (6PD–L), EPA Region 6, 1445 Ross make decisions that will accelerate
regulations.gov are ‘‘anonymous access’’ Avenue, Dallas, Texas 75202–2733, meeting the new 8-hour standard using
systems, which means EPA will not telephone (214) 665–6521, locally tailored pollution controls
know your identity or contact paige.carrie@epa.gov. instead of federally mandated measures.
information unless you provide it in the Early planning and early
body of your comment. If you send an SUPPLEMENTARY INFORMATION:
Throughout this document, wherever implementation of control measures that
e-mail comment directly to EPA without improve air quality will likely accelerate
going through RME or regulations.gov, ‘‘we,’’ ‘‘our,’’ and ‘‘us’’ is used, we mean
EPA. protection of public health. The EPA
your e-mail address will be believes this program provides an
automatically captured and included as Outline incentive for early planning, early
part of the comment that is placed in the I. What Action Are We Proposing? implementation, and early reductions of
public file and made available on the II. What Is an EAC? emissions leading to expeditious
Internet. If you submit an electronic III. What Is a SIP?
IV. What Is the Content of the San Antonio
attainment and maintenance of the 8-
comment, EPA recommends that you
EAC Attainment Demonstration? hour ozone standard.
include your name and other contact
information in the body of your V. Why Are We Proposing to Approve This Communities with EACs will have
EAC SIP Submittal? plans in place to reduce air pollution at
comment and with any disk or CD–ROM
VI. What Measures Are Included in This EAC least two years earlier than required by
you submit. If EPA cannot read your SIP Submittal?
comment due to technical difficulties the Act. In December 2002, a number of
VII. What Happens if the Area Does Not Meet
and cannot contact you for clarification, the EAC Milestones?
States submitted compact agreements
EPA may not be able to consider your VIII. Proposed Action pledging to reduce emissions earlier
comment. Electronic files should avoid IX. Statutory and Executive Order Reviews than required by the Act for compliance
the use of special characters, any form with the 8-hour ozone standard. These
I. What Action Are We Proposing? States and local communities had to
of encryption, and be free of any defects
or viruses. Today we are proposing to approve meet specific criteria and agreed to meet
Docket: All documents in the revisions to the Texas SIP under certain milestones for development and
electronic docket are listed in the sections 110 and 116 of the Act. These implementation of the compact. States
Regional Material in EDocket (RME) revisions demonstrate attainment and with communities participating in the
index at http://docket.epa.gov/rmepub/. maintenance of the 8-hour ozone EAC program had to submit plans by
Although listed in the index, some standard within the San Antonio EAC December 31, 2004 for meeting the 8-
information is not publicly available, area and incorporate the San Antonio hour ozone standard, rather than June
i.e., CBI or other information whose EAC Clean Air Plan (CAP) into the 15, 2007, the deadline for all other areas
disclosure is restricted by statute. Texas SIP. The EAC is a voluntary not meeting the standard. The EAC
Certain other material, such as agreement between the TCEQ, the program required communities to
copyrighted material, is not placed on Alamo Area Council of Governments develop and implement air pollution
the Internet and will be publicly (AACOG), the EPA, Bexar, Comal, control strategies, account for emissions
available only in hard copy form. Guadalupe and Wilson Counties, and growth and demonstrate their
Publicly available docket materials are the cities of Floresville, New Braunfels, attainment and maintenance of the 8-
available either electronically in RME or San Antonio and Seguin. The intent of hour ozone standard. Greater details of
in the official file which is available at this agreement is to reduce ozone the EAC program are explained in EPA’s
the Air Planning Section (6PD–L), pollution earlier than the Act requires December 16, 2003 (68 FR 70108)
Environmental Protection Agency, 1445 and thereby maintain the 8-hour ozone proposed Federal Register notice
Ross Avenue, Suite 700, Dallas, Texas standard. The San Antonio EAC sets entitled ‘‘Deferral of Effective Date of
75202–2733. The file will be made forth a schedule to develop technical Nonattainment Designations for 8-hour
available by appointment for public information about local ozone pollution, Ozone National Ambient Air Quality

VerDate jul<14>2003 14:30 May 20, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1
29468 Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Proposed Rules

Standards for Early Action Compact area. The demonstration incorporates policy, and the EAC protocol. Our TSD
Areas.’’ the effects of population and industry contains detailed information
On April 15, 2004, EPA designated all growth, as well as national and concerning this rulemaking action.
areas for the 8-hour ozone standard. The statewide control measures or programs Approving San Antonio’s CAP into
EPA deferred the effective date of required to be in place by 2007 and the SIP will also mean that measures
nonattainment designations for EAC 2012. The modeling study demonstrates and controls identified in the CAP are
areas that were violating the 8-hour that the 8-hour ozone standard will be federally enforceable and the San
standard, but continue to meet the attained by 2007 and maintained Antonio EAC communities will start to
compact milestones. Details of this through 2012. The modeling analyses benefit from reductions in air pollution
deferral were announced on April 15, were further supported by some of the earlier than the statutory deadlines. See
2004 as part of the Clean Air Rules of weight of evidence analyses that were section VI of this rulemaking action for
2004, and published in the Federal evaluated for the San Antonio area. a description of the air pollution control
Register on April 30, 2004 in the notice We believe this study meets our measures. Finally, it means that EPA
entitled ‘‘Air Quality Designations and modeling requirements and guidelines, has determined that the State and local
Classifications for the 8-Hour Ozone including such items as the base year area have continued to fulfill the
National Ambient Air Quality inventory development, the growth rate milestones and obligations of the EAC
Standards; Early Action Compact Areas projections, and the performance of the Program. In a separate notice, EPA will
with Deferred Effective Dates’ (69 FR model. See Attachment A of our TSD for take action to propose deferring the
23858). more information about this modeling effective date of the nonattainment
study, the weight of evidence analyses, designation for areas that are
III. What Is a SIP?
and our evaluation of these items. The participating in the Early Action
The SIP is a set of air pollution modeling submitted in support of this Compacts until December 31, 2006, so
regulations, control strategies and proposal demonstrates that the San long as the areas continue to fulfill the
technical analyses developed by the Antonio EAC area will be in attainment EAC obligations, including semi-annual
state, to ensure that the state meets the with the 8-hour ozone NAAQS in 2007. reporting requirements, implementation
National Ambient Air Quality Standards The latest modeling results for the San of the measures in submitted clean air
(NAAQS). These ambient standards are Antonio EAC area predict a maximum plans by December 31, 2005, and a
established under section 109 of the Act ozone design value of 84 ppb for 2007, progress assessment by June 30, 2006.
and they currently address six criteria which is below the 8-hour ozone limit
pollutants: Carbon monoxide, nitrogen VI. What Measures Are Included in
of 85 ppb. See section VI of this
dioxide, ozone, lead, particulate matter, This EAC SIP Submittal?
document for a list of local control
and sulfur dioxide. The SIP is required measures that will be implemented The EPA designated the San Antonio
by section 110 of the Act. These SIPs within the San Antonio EAC area. We EAC area as nonattainment for the 8-
can be extensive, containing state are proposing to approve the 8-hour hour ozone standard on April 15, 2004
regulations or other enforceable ozone attainment demonstration, the (69 FR 23858). The design value for
documents and supporting information CAP and the local control measures 2001–2003 was 89 ppb. The TCEQ has
such as emission inventories, within the CAP for the San Antonio submitted these revisions to the SIP, as
monitoring networks, and modeling EAC area. progressive measures to avoid
demonstrations. continued violation of the 8-hour ozone
V. Why Are We Proposing to Approve standard within the affected area and to
IV. What Is the Content of the San This EAC SIP Submittal? be eligible for the opportunity for a
Antonio EAC Attainment On December 9, 2002, Texas signed second deferral of the effective date of
Demonstration? an EAC for the four-county San Antonio nonattainment to December 31, 2006.
In support of this proposal, the TCEQ Metropolitan Statistical Area, which While the implementation of the local
conducted an ozone photochemical was also signed by representatives of the control strategies is estimated to reduce
modeling study developed for the San local communities, State air quality emissions of volatile organic
Antonio EAC area. The modeling study officials and the EPA Region 6 compounds (VOCs) and nitrogen oxides
predicts whether or not the EAC area Administrator. On April 15, 2004 (69 FR (NOX), the San Antonio EAC area has
will attain the 8-hour ozone NAAQS in 23858), the EPA designated the 8-hour demonstrated attainment through the
2007. The attainment demonstration ozone nonattainment areas and implementation of federal and statewide
includes analyses which estimate designated the four-county San Antonio rules, without including the effects of
whether selected emissions reductions EAC area as nonattainment for the 8- these local measures in their
will result in ambient concentrations hour ozone standard. To date, the San photochemical modeling.
that meet the 8-hour ozone standard in Antonio area has met all EAC The TSD discusses the results of
the San Antonio area and an identified milestones and, as long as the San photochemical modeling and technical
set of measures which will result in the Antonio EAC area continues to meet the analyses that support a demonstration of
required emissions reductions. See the agreed upon milestones, the impact of attainment of the 8-hour ozone standard
Technical Support Document (TSD) for the nonattainment designation may be by December 31, 2007 and maintenance
a description of the control measures. deferred until April 15, 2008. of that standard through 2012. To help
The modeled attainment test is passed We are proposing to approve this EAC achieve attainment, the San Antonio
if all resulting predicted future design SIP submittal because implementation EAC CAP includes two rule revisions:
values are less than 85 parts per billion of the requirements in this EAC will Lowering the Stage I Vapor Recovery
(ppb). The design value is the three year help ensure the San Antonio EAC area’s exemption and degreasing requirements,
average of the annual fourth highest 8- compliance with the 8-hour ozone each of which will contribute to
hour ozone readings. standard by December 31, 2007 and reductions in VOCs in the San Antonio
The attainment demonstration was maintenance of that standard through EAC area. VOCs, as well as NOX, are
supported by results of photochemical 2012. We have reviewed the submittal precursors to and aid in the formation
modeling and technical documentation and determined that it is consistent with of ozone. The rule revisions have been
for all monitors in the San Antonio EAC the requirements of the Act, EPA’s adopted by the State of Texas and

VerDate jul<14>2003 14:30 May 20, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1
Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Proposed Rules 29469

accompany this EAC SIP revision. Since modeling, and therefore, are not modeling and emission projections and
these rule revisions apply to both the necessary for the area to attain the proposes to approve the demonstration
Austin and San Antonio EAC areas, EPA standard in 2007. of attainment.
has taken action on them in a separate According to the EAC protocol, the
CAP must also include a component to VII. What Happens If the Area Does Not
rulemaking (see 70 FR 15769, published
address maintenance for growth at least Meet the EAC Milestones?
March 29, 2005).
The rule revisions adopted as control 5 years beyond 2007, ensuring the area On April 15, 2004, EPA designated
measures in the San Antonio EAC CAP will remain in attainment of the 8-hour the San Antonio EAC area as
apply to all four counties in the EAC ozone standard through 2012. The San nonattainment for the 8-hour ozone
area and are as follows: Lowering the Antonio EAC area has developed an standard and deferred the effective date
Stage I Vapor Recovery exemption to emissions inventory for the year 2012, of nonattainment until September 30,
25,000 gallons/month throughput, as well as a continuing planning process 2005. One of the principles of the EAC
projected to reduce VOCs by 5.81 tpd; to address this essential part of the plan. protocol is to provide safeguards to
and degreasing requirements, projected The emissions inventory predicted an return areas to traditional SIP
to reduce VOCs by approximately 85% overall reduction in emissions through requirements should an area fail to
for degreasing (cold cleaning) sources. 2012: VOCs are estimated to be 23 comply with the terms of the compact.
Additional control measures that have percent lower and NOX are estimated to If, as outlined in our guidance and in 40
been specified in the EAC CAP include: be 28 percent lower in 2007 than in CFR 81.300, an EAC milestone is
A statewide rule to reduce emissions of 1999; and emissions predicted in 2012 missed, we would take action to
VOCs from portable fuel containers that are seven percent less than those propose and promulgate a finding of
spill, leak, and/or allow permeation (see modeled in 2007 for VOCs, and 22 failure to meet the milestone, and to
70 FR 7041, published February 10, percent less than those modeled in 2007 withdraw the deferred effective date of
2005); the Texas Emissions Reduction for NOX. Despite the growth estimated the nonattainment designation, thereby
Plan (TERP), a comprehensive set of for the EAC area, federal emission triggering applicable statutory
grant programs to improve air quality in standards are projected to substantially requirements.
Texas, for which funds to reduce NOX reduce emissions of NOX and VOCs in VIII. Proposed Action
by 2.5 tpd have been allocated to the the newer fleet of vehicles. The federal
San Antonio EAC area (see 70 FR 25008, measures include area measures (on- EPA is proposing to approve the
published May 12, 2005); and board refueling vapor recovery), as well attainment demonstration, the San
Transportation Emission Reduction as onroad and non-road (e.g., lawn and Antonio EAC CAP and the related
Measures (TERMs), which are garden, recreational marine and control measures and incorporate these
transportation projects designed to locomotives) measures. State point into the Texas SIP as a strengthening of
reduce vehicle use, improve traffic flow, source reductions in emissions from the SIP. The modeling of ozone and
and/or reduce congested conditions power plants, as well as the ozone precursor emissions from sources
throughout the EAC area, projected to continuation of the smaller scale, in the four county San Antonio EAC
reduce NOX by 0.32 tpd and VOCs by locally-implemented control measures, area demonstrate that the specified
0.92 tpd. These TERMs are described in will also contribute to the area’s control strategies will provide for
detail in the TSD and will be reductions in NOX and VOCs. See the attainment of the 8-hour ozone NAAQS
incorporated by reference in the Code of TSD for a detailed list of these by December 31, 2007.
Federal Regulations in the final measures. Using air quality models to IX. Statutory and Executive Order
approval action. Detailed information is anticipate the impact of growth, as well Reviews
necessary for emission reduction as the federal, state-assisted and locally-
measures in the SIP to ensure that they implemented measures to reduce Under Executive Order 12866 (58 FR
are specific and enforceable as required emissions, the State has projected the 51735, October 4, 1993), this proposed
by the Act and the EAC protocol. The area will be in attainment of the 8-hr action is not a ‘‘significant regulatory
description of these emission reduction ozone standard in 2007 and will remain action’’ and therefore is not subject to
measures includes the identification of in attainment through 2012. review by the Office of Management and
each project, location, a brief project To enhance the planning process, the Budget. For this reason and because this
description, and emissions reductions TCEQ has committed to continue to action will not have a significant,
for both VOCs and NOX. Though many work with local stakeholders to find adverse effect on the supply,
of these TERMs have been completed, additional measures to further reduce distribution, or use of energy, this action
any unfinished projects will be ozone precursor emissions, to ensure is also not subject to Executive Order
completed by 2007. that the San Antonio EAC area will 13211, ‘‘Actions Concerning Regulations
In general, the control measures in continue to maintain the 8-hour ozone That Significantly Affect Energy Supply,
this section meet the requirements of standard through 2012. In addition, the Distribution, or Use’’ (66 FR 28355, May
the EAC protocol: They are specific, EAC signatories and implementing 22, 2001). This proposed action merely
quantified, permanent and will be agencies will review all EAC activities proposes to approve state law as
federally enforceable when approved by and report on these results in their semi- meeting Federal requirements and
EPA. In compliance with the next EAC annual reports, beginning in June 2005. imposes no additional requirements
program milestone, all control measures This semi-annual review will track and beyond those imposed by state law.
needed to demonstrate attainment will document, at a minimum, control Accordingly, the Administrator certifies
be implemented by December 31, 2005. strategy implementation and results, that this proposed rule will not have a
The TSD contains detailed information monitoring data and future plans. After significant economic impact on a
on each of these control measures, as review, additional control measures substantial number of small entities
well as information on additional may be considered and adopted through under the Regulatory Flexibility Act (5
planned and locally-implemented revisions to this SIP, if necessary. U.S.C. 601 et seq.). Because this rule
measures whose expected emission The elements that address proposes to approve pre-existing
reductions were not quantified or maintenance for growth meet the EAC requirements under state law and does
included in the photochemical protocol. EPA has reviewed the not impose any additional enforceable

VerDate jul<14>2003 14:30 May 20, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1
29470 Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Proposed Rules

duty beyond that required by state law, requirements, Volatile organic Background
it does not contain any unfunded compounds. Section S5.5.10 of Federal Motor
mandate or significantly or uniquely Authority: 42 U.S.C. 7401 et seq. Vehicle Safety Standard (FMVSS) No.
affect small governments, as described 108, Lamps reflective devices and
in the Unfunded Mandates Reform Act Dated: May 13, 2005.
Lawrence E. Starfield,
associated equipment, establishes the
of 1995 (Pub. L. 104–4). wiring requirements for lighting
This proposed rule also does not have Acting Regional Administrator, Region 6.
equipment in use, and requires that all
tribal implications because it will not [FR Doc. 05–10193 Filed 5–20–05; 8:45 am] lamps be wired to be steady burning,
have a substantial direct effect on one or BILLING CODE 6560–50–P unless otherwise stated. All stoplamps
more Indian tribes, on the relationship must be steady burning when in use.
between the Federal Government and Steady means free from change or
Indian tribes, or on the distribution of variation. This means that they must not
power and responsibilities between the DEPARTMENT OF TRANSPORTATION modulate, flash, or vary in size, area,
Federal Government and Indian tribes, intensity or appearance.
as specified by Executive Order 13175 National Highway Traffic Safety
(65 FR 67249, November 9, 2000). This Administration Mercedes-Benz Petition
action also does not have Federalism On April 4, 2003, Mercedes-Benz
implications because it does not have 49 CFR Part 57l (MB) submitted a petition for
substantial direct effects on the States, rulemaking to revise Federal Motor
on the relationship between the national [Docket No. NHTSA–2005–20738; Notice 1] Vehicle Safety Standard No. 108,
government and the States, or on the Lamps, reflective devices and associated
distribution of power and Federal Motor Vehicle Safety equipment to permit ‘‘flashing red brake
responsibilities among the various Standards; Denial of Petition for lights 1’’ to be installed on an optional
levels of government, as specified in Rulemaking basis as an emergency braking signal on
Executive Order 13132 (64 FR 43255, motor vehicles. In support, MB
AGENCY: National Highway Traffic
August 10, 1999). This action merely provided information indicating that
Safety Administration (NHTSA), DOT.
proposes to approve a state rule flashing stoplamps provide a non-
ACTION: Denial of petition for ambiguous, intuitively interpreted
implementing a Federal standard, and
does not alter the relationship or the rulemaking. signal of an emergency situation and it
distribution of power and reduces braking reaction times (BRT) by
SUMMARY: Based on the agency’s up to 0.2 seconds compared with
responsibilities established in the Clean evaluation, the National Highway
Air Act. This proposed rule also is not conventional stoplamps. MB believes
Traffic Safety Administration (NHTSA) that this is significant in terms of crash
subject to Executive Order 13045 denies a petition for rulemaking from
‘‘Protection of Children from avoidance or crash severity reduction.
Mercedes-Benz to amend the Federal Moreover, MB believes an even higher
Environmental Health Risks and Safety lighting standard to permit the use of
Risks’’ (62 FR 19885, April 23, 1997), reduction (in BRT) can be expected in
optional use of stoplamps that would real world driving conditions, because it
because it is not economically flash under higher levels of
significant. stated that its test subjects tended to
deceleration. Mercedes-Benz has not react faster than real world drivers,
In reviewing SIP submissions under demonstrated that this manufacturer-
the National Technology Transfer and since subjects who participate in
installed option would result in reduced experiments in a driving simulator or on
Advancement Act of 1995 (15 U.S.C. crashes. NHTSA is denying the petition
272 note), EPA’s role is to approve state a test track are generally more focused
because it would take away from on the driving task than drivers on the
actions, provided that they meet the NHTSA the ability to use a potentially
criteria of the Clean Air Act. In this road who are subject to many sources of
valuable rear signal for a higher safety distraction. Thus, MB claims that this
context, in the absence of a prior purpose sometime in the future. NHTSA
existing requirement for the State to use reduction in BRT is likely to result in a
concludes that it would require more in- meaningful reduction in the number
voluntary consensus standards (VCS), depth information than provided on the
EPA has no authority to disapprove a and/or severity of rear end collisions.
safety benefit of any such change before
SIP submission for failure to use VCS. it would initiate a rulemaking on what Analysis
It would thus be inconsistent with rear signal lamp performance changes Based on the NHTSA policy statement
applicable law for EPA, when it reviews are appropriate or necessary to reduce published in the Federal Register,
a SIP submission, to use VCS in place the incidence or rear-end crashes. November 4, 1998, Volume 63, Number
of a SIP submission that otherwise
FOR FURTHER INFORMATION CONTACT: The 213, pages 59482–59492, the MB
satisfies the provisions of the Clean Air
following persons at the National submission, in order to be treated as a
Act. Thus, the requirements of section
Highway Traffic Safety Administration, petition must have substantive data
12(d) of the National Technology
400 Seventh Street, SW., Washington, purporting to show positive safety
Transfer and Advancement Act of 1995
DC 20590: benefits from the new idea. MB did
do not apply. This proposed rule does
For Non-legal Issues: Mr. David provide data showing that BRT would
not impose an information collection
Hines, Office of Crash Avoidance be improved. Thus, NHTSA granted the
burden under the provisions of the
Standards, NVS–121, telephone (202) petition and set out to evaluate the data
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). 366–5275, facsimile (202) 366–7002,
1 MB uses the term, flashing red brake lights for
electronic mail: dhines@nhtsa.dot.gov.
List of Subjects in 40 CFR Part 52 its desired device. Federal Motor Vehicle Safety
For Legal Issues: Mr. George Feygin, Standard No. 108, Lamps, Reflective Devices and
Environmental protection, Air Office of the Chief Counsel, NCC–112, Associated Equipment used the term stoplamps.
pollution control, Intergovernmental telephone (202) 366–2992, facsimile Thus, Mercedes-Benz is asking that the Standard be
(202) 366–3820. amended to permit existing stoplamps to flash on
relations, Nitrogen dioxide, Ozone, an optional basis for the purpose of a high
Reporting and recordkeeping SUPPLEMENTARY INFORMATION: deceleration rate signal.

VerDate jul<14>2003 14:30 May 20, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1

You might also like