Clean Air Act Redesignation Substitute for the Houston-Galveston-Brazoria1-Hour Ozone Nonattainment Area; Texas, 49970-49973 [2015-20024]
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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 100
continues to read as follows:
40 CFR Part 52
■
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
PART 100—REGATTAS AND MARINE
PARADES
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the Captain of the Port
Ohio Valley establishing a special local
regulation for all waters of the
Tennessee River beginning at mile
marker 463.0 and ending at mile marker
467.0 to provide safety for the
approximately 2,500 swimmers that will
be racing in the ‘‘Ironman Chattanooga.’’
This rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
Authority: 33 U.S.C. 1233.
2. A new temporary § 100.35T08–0011
is added to read as follows:
■
§ 100.35T08–0011 Special Local
Regulation; Tennessee River Mile 463.0 to
467.0, Chattanooga, TN.
(a) Location of Regulated Area. All
waters of the Tennessee River beginning
at mile marker 463.0 and ending at mile
marker 467.0.
(b) Enforcement Period. This rule will
be enforced from 5:00 a.m. to 11:00 a.m.
on September 27, 2015. The Captain of
the Port Ohio Valley or a designated
representative will inform the public
through broadcast notice to mariners of
the enforcement period for the special
local regulation.
(c) Special Local Regulations. (1) The
general regulations contained in 33 CFR
100.35 as well as the regulations in this
section apply to the Regulated Area.
(2) Entry into the Regulated Area is
prohibited unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
(3) Persons or vessels requiring entry
into or passage through the Regulated
Area must request permission from the
Captain of the Port Ohio Valley or a
designated representative. U.S. Coast
Guard Sector Ohio Valley may be
contacted on VHF Channel 13 or 16, or
at 1–800–253–7465.
(4) All persons and vessels shall
comply with the instructions of the
Captain of the Port Ohio Valley and
designated U.S. Coast Guard patrol
personnel. On-scene U.S. Coast Guard
patrol personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
Dated: July 29, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2015–20403 Filed 8–17–15; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 100
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
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[EPA–R06–OAR–2014–0259; FRL–9932–33–
Region 6]
Clean Air Act Redesignation Substitute
for the Houston-Galveston-Brazoria
1-Hour Ozone Nonattainment Area;
Texas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
redesignation substitute demonstration
provided by the State of Texas that the
Houston-Galveston-Brazoria 1-hour
ozone nonattainment area (HGB area)
has attained the revoked 1-hour ozone
National Ambient Air Quality Standards
(NAAQS) due to permanent and
enforceable emission reductions, and
that it will maintain that NAAQS for ten
years from the date of the EPA’s
approval of this demonstration. Final
approval of the redesignation substitute
demonstration will result in the State no
longer being required to adopt any
additional applicable 1-hour ozone
NAAQS requirements for the area which
have not already been approved into the
State Implementation Plan (SIP). In
addition, final approval will allow
Texas to seek to revise the Texas SIP to
remove anti-backsliding measures from
the active portion of its SIP if it can
demonstrate, pursuant to Clean Air Act
(CAA) section 110(1), that such revision
would not interfere with attainment or
maintenance of any applicable NAAQS,
or any other requirement of the CAA.
DATES: Written comments must be
received on or before September 17,
2015.
SUMMARY:
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2014–0259, by one of the
following methods:
• www.regulations.gov. Follow the
online instructions.
• Email: Ms. Tracie Donaldson at
Donaldson.tracie@epa.gov.
• Mail or delivery: Ms. Mary Stanton,
Chief, Air State and Tribal Operations
Section (6PD–S), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Instructions: Direct your comments to
Docket No. EPA–R06–OAR–2014–0259.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
ADDRESSES:
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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules
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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 electronically any
information that you consider to be CBI
or other information whose disclosure is
restricted by statute. The
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 email comment directly
to EPA without going through
www.regulations.gov your email 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.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. Multimedia submissions (audio,
video, etc.) must be accompanied by a
written comment. The written comment
is considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional information on submitting
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Tracie Donaldson, (214) 665–6633,
Donaldson.tracie@epa.gov. To inspect
the hard copy materials, please contact
Ms. Donaldson.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
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I. Background
In 1979, under section 109 of the
Clean Air Act (CAA), EPA established
primary and secondary NAAQS for
ozone at 0.12 parts per million (ppm)
averaged over a 1-hour period (44 FR
8202, February 8, 1979). Primary
standards are set to protect human
health while secondary standards are set
to protect public welfare. In 1997 we
revised the primary and secondary
NAAQS for ozone to set the acceptable
level of ozone in the ambient air at 0.08
ppm, averaged over an 8-hour period
(62 FR 38856, July 18, 1997).1 In 2008
we further revised the primary and
secondary ozone NAAQS to 0.075 ppm,
averaged over an 8-hour period (73 FR
16436, March 27, 2008). Ozone
nonattainment areas are classified based
on the severity of their ozone levels
based on the area’s ‘‘design value’’ (77
FR 30088, 30091, May 21, 2012). The
design value represents air quality in
the area for the most recent 3 years. The
possible classifications are Marginal,
Moderate, Serious, Severe, and Extreme.
Nonattainment areas with a ‘‘lower’’
classification have ozone levels that are
closer to the NAAQS than areas with a
‘‘higher’’ classification.
In 2004 we published a first phase
rule governing implementation of the
1997 8-hour ozone NAAQS (Phase 1
Rule) (69 FR 23951, April 30, 2004). The
Phase 1 Rule revoked the 1-hour ozone
NAAQS and provided that 1-hour ozone
nonattainment areas are required to
adopt and implement ‘‘applicable
requirements’’ according to the area’s
classification under the 1-hour ozone
standard for anti-backsliding purposes
(40 CFR 51.905(a)(i)). In a revision to the
Phase 1 Rule, we determined that an
area’s 1-hour designation and
classification as of June 15, 2005 would
dictate what 1-hour obligations
constitute ‘‘applicable requirements’’
(40 CFR 51.900(f), May 26, 2005, 70 FR
30592).2 Applicable anti-backsliding
requirements ensure continued
momentum toward reducing ozone
levels (80 FR 12264, 12297, March 6,
2015). The rules governing ongoing
implementation of revoked ozone
standards, including revisions to
applicable requirements, was further
revised effective April 6, 2015 (40 CFR
51.1100, March 6, 2015, 80 FR 12264).
This final rule also contains provisions
1 Subsequently, we lowered the 8-hour ozone
NAAQS to 0.075 ppm and classified the Houston
area as a Marginal nonattainment area for the 2008
ozone NAAQS. See 73 FR 16436 (March 27, 2008);
77 FR 30088 30089 (May 21, 2012). This rulemaking
does not address the 2008 ozone NAAQS.
2 As of April 6, 2015, 40 CFR 51.900(f) was
replaced by 40 CFR 51.1100(o). See 40 CFR 51.919
and 80 FR 12312, Mar. 6, 2015.
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addressing a redesignation substitute for
a revoked ozone standard. See 40 CFR
51.1105(b).
The final rule for implementing the
2008 ozone NAAQS provides that an
area will be subject to the antibacksliding obligations for a revoked
NAAQS until we approve (1) a
redesignation to attainment for the area
for the 2008 ozone NAAQS or (2) a
demonstration for the area in a
redesignation substitute procedure for a
revoked NAAQS (40 CFR 51.1105(b)(1)).
As explained more fully in the
preambles to the proposed and final
rules, the redesignation substitute
demonstration must show that the area
(1) has attained that revoked NAAQS
due to permanent and enforceable
emission reductions and (2) will
maintain that revoked NAAQS for 10
years from the date of EPA’s approval of
the showing. The rule also provides that
if, after notice and comment
rulemaking, we approve a redesignation
substitute for a revoked NAAQS, the
state may request that provisions for
nonattainment new source review (NSR)
for that revoked NAAQS be removed,
and that other anti-backsliding
obligations for that revoked NAAQS be
shifted to contingency measures
provided that such action is consistent
with CAA sections 110(l) and 193 (40
CFR 51.1105(b)(2)).
The HGB area consists of Brazoria,
Chambers, Fort Bend, Galveston, Harris,
Liberty, Montgomery and Waller
counties in Texas. Under the 1990 CAA
Amendments the area was classified as
a Severe ozone nonattainment area for
the 1-hour ozone NAAQS (November 6,
1991, 56 FR 56694 and CAA section
181(a)(1)). We approved a 1-hour ozone
attainment demonstration for the area
(71 FR 52670, September 6, 2006).
However, the EPA subsequently
determined that the area failed to attain
the 1-hour ozone standard by its
applicable attainment date of November
15, 2007 (June 19, 2012, 77 FR 36400).
As discussed below, ambient air quality
monitoring data for ozone indicates that
the area is now attaining the 1-hour
ozone standard.
Texas provided the ‘‘Redesignation
Substitute Report for the HoustonGalveston-Brazoria One-Hour Standard
Nonattainment Area’’ (redesignation
substitute report) to EPA on July 22,
2014. This report was developed
consistent with the redesignation
substitute option we proposed to create
in our June 6, 2013 proposal (which was
subsequently adopted in the March 6,
2015 final rule). The report is available
through www.regulations.gov (e-docket
EPA–R06–OAR–2014–0259).
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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Proposed Rules
II. EPA’s Evaluation of the Houston
Redesignation Substitute Report
TABLE 1—1-HOUR DESIGN VALUES
FOR THE HGB AREA—Continued
To determine whether we should
approve the 1-hour ozone redesignation
substitute for the HGB area we
evaluated the redesignation substitute
report provided by Texas and the
ambient ozone data for the area in the
EPA Air Quality System (AQS)
database. To evaluate the report we used
the applicable portions of our
September 4, 1992 memo ‘‘Procedures
for Processing Requests to Redesignate
Areas to Attainment’’ (www.epa.gov/ttn/
oarpg/t5/memoranda/
redesignmem090492.pdf). A detailed
discussion of our evaluation can be
found in the Technical Support
Document (TSD) for this action. The
TSD can be accessed through
www.regulations.gov (e-docket EPA–
R06–OAR–2014–0259).
A. Has the area attained the revoked 1hour ozone NAAQS due to permanent
and enforceable emission reductions?
Ambient air quality found in the AQS
database shows that the HGB area
attained the 1-hour ozone standard at
the end of 2013 and maintained the
standard the following year (Table 1).
The area continues to maintain the 1hour ozone standard so far in 2015
based on available data.
TABLE 1—1-HOUR DESIGN VALUES
FOR THE HGB AREA
[2011–2013 and 2012–2014]
Years
1-Hour ozone design value
2011–2013 .....
0.12 ppm (121 parts per billion).
[2011–2013 and 2012–2014]
Years
1-Hour ozone design value
2012–2014 .....
0.11 ppm (111 parts per billion).
0.11 ppm (107 parts per billion).
Preliminary
2013–2015.
In 2013, all monitors in the HGB area
had expected exceedances less than the
threshold of 1.0 per year and only one
monitor in the HGB area, the Houston
East monitor (C1), had more than 1.0
expected exceedance in 2011 and 2012.
A more detailed table of expected 1hour ozone exceedances for the HGB
monitors based on ozone data can be
found in the TSD.
The HGB area redesignation substitute
report provides information on
emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOCs) and
regulations that reduced these
emissions. NOX and VOCs are ozone
precursors. Texas identified control
measures for both the 1-hour ozone
attainment demonstration SIP and the
1997 ozone attainment demonstration
SIP that led to permanent and
enforceable emission reductions. The 1hour ozone attainment demonstration
SIP was approved on September 6, 2006
(71 FR 52670). The 1997 ozone
attainment demonstration SIP was
approved on January 2, 2014 (79 FR 57).
Additionally, we have approved SIPs for
the HGB area that document continuous
emissions reductions due to permanent
and enforceable measures for the 1-hour
and 1997 8-hour ozone standards (70 FR
7407, February 14, 2005; 74 FR 18298,
April 22, 2009; 79 FR 51, January 2,
2014). Given our previous actions
approving Texas SIPs pertaining to
permanent and enforceable measures,
we agree with Texas’ conclusion that
the area has attained the 1-hour ozone
NAAQS due to permanent and
enforceable emission reductions. More
detail on our review can be found in the
TSD.
B. Will the area maintain the revoked 1hour ozone NAAQS for 10 years from
the date of our approval?
To demonstrate that the HGB area will
maintain the revoked 1-hour ozone
NAAQS for 10 years from the date of
our approval of the redesignation
substitute, the Texas report provided
information on projected emissions of
ozone precursors (Tables 2 and 3). The
emission projections show that (1) NOx
emissions will continue to decrease
through 2026 and (2) VOC emissions
will decrease through 2023 and increase
by 2.71 tons per year (tpy) from 2023 to
2026 (514.49 tpy in 2023 to 517.20 tpy
in 2026, an increase of 0.5%). We
reviewed this information and agree
with the conclusion that the area will
maintain the revoked 1-hour ozone
NAAQS for 10 years from the date of
our approval. Based on photochemical
modeling analyses showing that the
formation of ozone in the HGB area is
more sensitive to NOX than to VOC
emissions, the small increase in VOC
emissions during the 10-year
maintenance period is expected to be
more than offset by the 18% decrease in
NOX emissions during this same period.
More detail on our review can be found
in the TSD.
TABLE 2—NOX EMISSION PROJECTIONS
[tons per day]
Category
2011
2014
2017
2020
2023
2026
Point Sources ...........................................................................................
Area Sources ...........................................................................................
On-Road Mobile Sources ........................................................................
Non-Road Mobile Sources .......................................................................
108.48
21.15
181.28
121.11
126.31
22.19
127.70
106.99
126.82
22.90
88.85
94.99
127.01
23.28
69.80
83.70
127.20
23.17
59.28
75.54
127.39
23.23
54.51
68.98
Total ..................................................................................................
432.02
383.19
333.56
303.79
285.19
274.11
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TABLE 3—VOC EMISSION PROJECTIONS
[tons per day]
Category
2011
2014
2017
2020
2023
2026
Point Sources ...........................................................................................
Area Sources ...........................................................................................
On-Road Mobile Sources ........................................................................
Non-Road Mobile Sources .......................................................................
96.11
308.74
80.92
49.92
100.81
321.92
60.43
38.33
102.86
332.43
46.51
33.34
103.29
339.67
40.51
30.86
103.71
342.58
38.09
30.11
104.12
346.13
36.93
30.02
Total ..................................................................................................
535.69
521.49
515.14
514.33
514.49
517.20
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III. Proposed Action
Based on the CAA’s criteria for
redesignation to attainment (CAA
section 107(d)(3)(E)) and the regulation
providing for a redesignation substitute
(40 CFR 51.1105(b)), EPA is proposing
to find that Texas has successfully
demonstrated it has met the
requirements for approval of a
redesignation substitute for the revoked
1979 1-hour ozone NAAQS. We are
proposing to approve the redesignation
substitute for the HGB area based on our
determination that the demonstration
provided by the State of Texas shows
that the HGB area has attained the
revoked 1-hour ozone NAAQS due to
permanent and enforceable emission
reductions, and that it will maintain
that NAAQS for ten years from the date
of the EPA’s approval of this
demonstration. As we no longer
redesignate nonattainment areas to
attainment for the revoked 1-hour ozone
NAAQS, approval of the demonstration
would serve as a redesignation
substitute under the EPA’s
implementing regulations. Under this
proposed action, Texas would no longer
be required to adopt any additional
applicable 1-hour ozone NAAQS
requirements for the area which have
not already been approved into the SIP
(40 CFR 51.1105(b)(1)). If this proposed
action is finalized, it would also allow
the state to request that the EPA approve
the removal or revision of the 1-hour
ozone NAAQS nonattainment NSR
provisions in the SIP and, upon a
showing of consistency with the antibacksliding checks in CAA sections
110(1) and 193 (if applicable), shift 1hour ozone NAAQS requirements that
are contained in the active portion of
the SIP to the contingency measures
portion of the SIP (40 CFR
51.1105(b)(2)). We note that because the
HGB area was classified as Severe
nonattainment for the 1997 ozone
NAAQS, the Severe classification NSR
requirements would continue to apply if
the 1-hour NSR provisions are removed
(October 1, 2008, 73 FR 56983).
IV. Statutory and Executive Order
Reviews
Under Executive Orders 12866 (58 FR
51735, October 4, 1993) and 13563 (76
FR 3821, January 21, 2011), this action
is not a ‘‘significant regulatory action’’
and therefore is not subject to review by
the Office of Management and Budget.
For this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely proposes
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to approve a demonstration provided by
the State of Texas and find that the HGB
area is no longer subject to the antibacksliding obligations for additional
measures for the revoked 1-hour ozone
NAAQS; and imposes no additional
requirements. Accordingly, I certify that
this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this
proposed rule does not impose any
additional enforceable duties, it 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). This proposed rule also
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will
it have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to approve a demonstration
provided by the State of Texas and find
that the HGB area is no longer subject
to the anti-backsliding obligations for
additional measures for the revoked 1hour ozone NAAQS; and does not alter
the relationship or the distribution of
power and responsibilities established
in the CAA. This proposed rule also is
not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is
not economically significant.
The proposed rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Additionally, this proposed rule does
not involve establishment of technical
standards, and thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply.
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
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49973
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. EPA
has determined that this proposed rule
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. The rulemaking does not
affect the level of protection provided to
human health or the environment
because approving the demonstration
provided by Texas and finding that the
HGB area is no longer subject to the
anti-backsliding obligations for
additional measures for the revoked 1hour ozone NAAQS does not alter the
emission reduction measures that are
required to be implemented in the HGB
area, which was classified as Severe
nonattainment for the 1997 8-hour
ozone standard. See 73 FR 56983,
October 1, 2008, and 40 CFR 51.1105.
Additionally, the proposed rule is not
an economically significant regulatory
action based on health or safety risks
subject to Executive Order 13045 (62 FR
19885, April 23, 1997).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 29, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015–20024 Filed 8–17–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 409, 424, and 484
[CMS–1625–CN2]
RIN 0938–AS46
Medicare and Medicaid Programs; CY
2016 Home Health Prospective
Payment System Rate Update; Home
Health Value-Based Purchasing Model;
and Home Health Quality Reporting
Requirements; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule; correction.
AGENCY:
This document corrects
technical errors in the proposed rule
that appeared in the July 10, 2015
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Proposed Rules]
[Pages 49970-49973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20024]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2014-0259; FRL-9932-33-Region 6]
Clean Air Act Redesignation Substitute for the Houston-Galveston-
Brazoria 1-Hour Ozone Nonattainment Area; Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a redesignation substitute demonstration provided by the State
of Texas that the Houston-Galveston-Brazoria 1-hour ozone nonattainment
area (HGB area) has attained the revoked 1-hour ozone National Ambient
Air Quality Standards (NAAQS) due to permanent and enforceable emission
reductions, and that it will maintain that NAAQS for ten years from the
date of the EPA's approval of this demonstration. Final approval of the
redesignation substitute demonstration will result in the State no
longer being required to adopt any additional applicable 1-hour ozone
NAAQS requirements for the area which have not already been approved
into the State Implementation Plan (SIP). In addition, final approval
will allow Texas to seek to revise the Texas SIP to remove anti-
backsliding measures from the active portion of its SIP if it can
demonstrate, pursuant to Clean Air Act (CAA) section 110(1), that such
revision would not interfere with attainment or maintenance of any
applicable NAAQS, or any other requirement of the CAA.
DATES: Written comments must be received on or before September 17,
2015.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2014-0259, by one of the following methods:
www.regulations.gov. Follow the online instructions.
Email: Ms. Tracie Donaldson at Donaldson.tracie@epa.gov.
Mail or delivery: Ms. Mary Stanton, Chief, Air State and
Tribal Operations Section (6PD-S), Environmental Protection Agency,
1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2014-
0259. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any
[[Page 49971]]
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
electronically any information that you consider to be CBI or other
information whose disclosure is restricted by statute. The
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 email comment
directly to EPA without going through www.regulations.gov your email
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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional information on submitting comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, (214) 665-6633,
Donaldson.tracie@epa.gov. To inspect the hard copy materials, please
contact Ms. Donaldson.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
In 1979, under section 109 of the Clean Air Act (CAA), EPA
established primary and secondary NAAQS for ozone at 0.12 parts per
million (ppm) averaged over a 1-hour period (44 FR 8202, February 8,
1979). Primary standards are set to protect human health while
secondary standards are set to protect public welfare. In 1997 we
revised the primary and secondary NAAQS for ozone to set the acceptable
level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour
period (62 FR 38856, July 18, 1997).\1\ In 2008 we further revised the
primary and secondary ozone NAAQS to 0.075 ppm, averaged over an 8-hour
period (73 FR 16436, March 27, 2008). Ozone nonattainment areas are
classified based on the severity of their ozone levels based on the
area's ``design value'' (77 FR 30088, 30091, May 21, 2012). The design
value represents air quality in the area for the most recent 3 years.
The possible classifications are Marginal, Moderate, Serious, Severe,
and Extreme. Nonattainment areas with a ``lower'' classification have
ozone levels that are closer to the NAAQS than areas with a ``higher''
classification.
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\1\ Subsequently, we lowered the 8-hour ozone NAAQS to 0.075 ppm
and classified the Houston area as a Marginal nonattainment area for
the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008); 77 FR 30088
30089 (May 21, 2012). This rulemaking does not address the 2008
ozone NAAQS.
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In 2004 we published a first phase rule governing implementation of
the 1997 8-hour ozone NAAQS (Phase 1 Rule) (69 FR 23951, April 30,
2004). The Phase 1 Rule revoked the 1-hour ozone NAAQS and provided
that 1-hour ozone nonattainment areas are required to adopt and
implement ``applicable requirements'' according to the area's
classification under the 1-hour ozone standard for anti-backsliding
purposes (40 CFR 51.905(a)(i)). In a revision to the Phase 1 Rule, we
determined that an area's 1-hour designation and classification as of
June 15, 2005 would dictate what 1-hour obligations constitute
``applicable requirements'' (40 CFR 51.900(f), May 26, 2005, 70 FR
30592).\2\ Applicable anti-backsliding requirements ensure continued
momentum toward reducing ozone levels (80 FR 12264, 12297, March 6,
2015). The rules governing ongoing implementation of revoked ozone
standards, including revisions to applicable requirements, was further
revised effective April 6, 2015 (40 CFR 51.1100, March 6, 2015, 80 FR
12264). This final rule also contains provisions addressing a
redesignation substitute for a revoked ozone standard. See 40 CFR
51.1105(b).
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\2\ As of April 6, 2015, 40 CFR 51.900(f) was replaced by 40 CFR
51.1100(o). See 40 CFR 51.919 and 80 FR 12312, Mar. 6, 2015.
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The final rule for implementing the 2008 ozone NAAQS provides that
an area will be subject to the anti-backsliding obligations for a
revoked NAAQS until we approve (1) a redesignation to attainment for
the area for the 2008 ozone NAAQS or (2) a demonstration for the area
in a redesignation substitute procedure for a revoked NAAQS (40 CFR
51.1105(b)(1)). As explained more fully in the preambles to the
proposed and final rules, the redesignation substitute demonstration
must show that the area (1) has attained that revoked NAAQS due to
permanent and enforceable emission reductions and (2) will maintain
that revoked NAAQS for 10 years from the date of EPA's approval of the
showing. The rule also provides that if, after notice and comment
rulemaking, we approve a redesignation substitute for a revoked NAAQS,
the state may request that provisions for nonattainment new source
review (NSR) for that revoked NAAQS be removed, and that other anti-
backsliding obligations for that revoked NAAQS be shifted to
contingency measures provided that such action is consistent with CAA
sections 110(l) and 193 (40 CFR 51.1105(b)(2)).
The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston,
Harris, Liberty, Montgomery and Waller counties in Texas. Under the
1990 CAA Amendments the area was classified as a Severe ozone
nonattainment area for the 1-hour ozone NAAQS (November 6, 1991, 56 FR
56694 and CAA section 181(a)(1)). We approved a 1-hour ozone attainment
demonstration for the area (71 FR 52670, September 6, 2006). However,
the EPA subsequently determined that the area failed to attain the 1-
hour ozone standard by its applicable attainment date of November 15,
2007 (June 19, 2012, 77 FR 36400). As discussed below, ambient air
quality monitoring data for ozone indicates that the area is now
attaining the 1-hour ozone standard.
Texas provided the ``Redesignation Substitute Report for the
Houston-Galveston-Brazoria One-Hour Standard Nonattainment Area''
(redesignation substitute report) to EPA on July 22, 2014. This report
was developed consistent with the redesignation substitute option we
proposed to create in our June 6, 2013 proposal (which was subsequently
adopted in the March 6, 2015 final rule). The report is available
through www.regulations.gov (e-docket EPA-R06-OAR-2014-0259).
[[Page 49972]]
II. EPA's Evaluation of the Houston Redesignation Substitute Report
To determine whether we should approve the 1-hour ozone
redesignation substitute for the HGB area we evaluated the
redesignation substitute report provided by Texas and the ambient ozone
data for the area in the EPA Air Quality System (AQS) database. To
evaluate the report we used the applicable portions of our September 4,
1992 memo ``Procedures for Processing Requests to Redesignate Areas to
Attainment'' (www.epa.gov/ttn/oarpg/t5/memoranda/redesignmem090492.pdf). A detailed discussion of our evaluation can be
found in the Technical Support Document (TSD) for this action. The TSD
can be accessed through www.regulations.gov (e-docket EPA-R06-OAR-2014-
0259).
A. Has the area attained the revoked 1-hour ozone NAAQS due to
permanent and enforceable emission reductions?
Ambient air quality found in the AQS database shows that the HGB
area attained the 1-hour ozone standard at the end of 2013 and
maintained the standard the following year (Table 1). The area
continues to maintain the 1-hour ozone standard so far in 2015 based on
available data.
Table 1--1-Hour Design Values for the HGB Area
[2011-2013 and 2012-2014]
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Years 1-Hour ozone design value
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2011-2013................................. 0.12 ppm (121 parts per
billion).
2012-2014................................. 0.11 ppm (111 parts per
billion).
Preliminary 2013-2015..................... 0.11 ppm (107 parts per
billion).
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In 2013, all monitors in the HGB area had expected exceedances less
than the threshold of 1.0 per year and only one monitor in the HGB
area, the Houston East monitor (C1), had more than 1.0 expected
exceedance in 2011 and 2012. A more detailed table of expected 1-hour
ozone exceedances for the HGB monitors based on ozone data can be found
in the TSD.
The HGB area redesignation substitute report provides information
on emissions of nitrogen oxides (NOX) and volatile organic
compounds (VOCs) and regulations that reduced these emissions.
NOX and VOCs are ozone precursors. Texas identified control
measures for both the 1-hour ozone attainment demonstration SIP and the
1997 ozone attainment demonstration SIP that led to permanent and
enforceable emission reductions. The 1-hour ozone attainment
demonstration SIP was approved on September 6, 2006 (71 FR 52670). The
1997 ozone attainment demonstration SIP was approved on January 2, 2014
(79 FR 57). Additionally, we have approved SIPs for the HGB area that
document continuous emissions reductions due to permanent and
enforceable measures for the 1-hour and 1997 8-hour ozone standards (70
FR 7407, February 14, 2005; 74 FR 18298, April 22, 2009; 79 FR 51,
January 2, 2014). Given our previous actions approving Texas SIPs
pertaining to permanent and enforceable measures, we agree with Texas'
conclusion that the area has attained the 1-hour ozone NAAQS due to
permanent and enforceable emission reductions. More detail on our
review can be found in the TSD.
B. Will the area maintain the revoked 1-hour ozone NAAQS for 10 years
from the date of our approval?
To demonstrate that the HGB area will maintain the revoked 1-hour
ozone NAAQS for 10 years from the date of our approval of the
redesignation substitute, the Texas report provided information on
projected emissions of ozone precursors (Tables 2 and 3). The emission
projections show that (1) NOx emissions will continue to decrease
through 2026 and (2) VOC emissions will decrease through 2023 and
increase by 2.71 tons per year (tpy) from 2023 to 2026 (514.49 tpy in
2023 to 517.20 tpy in 2026, an increase of 0.5%). We reviewed this
information and agree with the conclusion that the area will maintain
the revoked 1-hour ozone NAAQS for 10 years from the date of our
approval. Based on photochemical modeling analyses showing that the
formation of ozone in the HGB area is more sensitive to NOX
than to VOC emissions, the small increase in VOC emissions during the
10-year maintenance period is expected to be more than offset by the
18% decrease in NOX emissions during this same period. More
detail on our review can be found in the TSD.
Table 2--NOX Emission Projections
[tons per day]
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Category 2011 2014 2017 2020 2023 2026
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Point Sources................................. 108.48 126.31 126.82 127.01 127.20 127.39
Area Sources.................................. 21.15 22.19 22.90 23.28 23.17 23.23
On-Road Mobile Sources........................ 181.28 127.70 88.85 69.80 59.28 54.51
Non-Road Mobile Sources....................... 121.11 106.99 94.99 83.70 75.54 68.98
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Total..................................... 432.02 383.19 333.56 303.79 285.19 274.11
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Table 3--VOC Emission Projections
[tons per day]
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Category 2011 2014 2017 2020 2023 2026
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Point Sources................................. 96.11 100.81 102.86 103.29 103.71 104.12
Area Sources.................................. 308.74 321.92 332.43 339.67 342.58 346.13
On-Road Mobile Sources........................ 80.92 60.43 46.51 40.51 38.09 36.93
Non-Road Mobile Sources....................... 49.92 38.33 33.34 30.86 30.11 30.02
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Total..................................... 535.69 521.49 515.14 514.33 514.49 517.20
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[[Page 49973]]
III. Proposed Action
Based on the CAA's criteria for redesignation to attainment (CAA
section 107(d)(3)(E)) and the regulation providing for a redesignation
substitute (40 CFR 51.1105(b)), EPA is proposing to find that Texas has
successfully demonstrated it has met the requirements for approval of a
redesignation substitute for the revoked 1979 1-hour ozone NAAQS. We
are proposing to approve the redesignation substitute for the HGB area
based on our determination that the demonstration provided by the State
of Texas shows that the HGB area has attained the revoked 1-hour ozone
NAAQS due to permanent and enforceable emission reductions, and that it
will maintain that NAAQS for ten years from the date of the EPA's
approval of this demonstration. As we no longer redesignate
nonattainment areas to attainment for the revoked 1-hour ozone NAAQS,
approval of the demonstration would serve as a redesignation substitute
under the EPA's implementing regulations. Under this proposed action,
Texas would no longer be required to adopt any additional applicable 1-
hour ozone NAAQS requirements for the area which have not already been
approved into the SIP (40 CFR 51.1105(b)(1)). If this proposed action
is finalized, it would also allow the state to request that the EPA
approve the removal or revision of the 1-hour ozone NAAQS nonattainment
NSR provisions in the SIP and, upon a showing of consistency with the
anti-backsliding checks in CAA sections 110(1) and 193 (if applicable),
shift 1-hour ozone NAAQS requirements that are contained in the active
portion of the SIP to the contingency measures portion of the SIP (40
CFR 51.1105(b)(2)). We note that because the HGB area was classified as
Severe nonattainment for the 1997 ozone NAAQS, the Severe
classification NSR requirements would continue to apply if the 1-hour
NSR provisions are removed (October 1, 2008, 73 FR 56983).
IV. Statutory and Executive Order Reviews
Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is not a
``significant regulatory action'' and therefore is not subject to
review by the Office of Management and Budget. For this reason, this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely
proposes to approve a demonstration provided by the State of Texas and
find that the HGB area is no longer subject to the anti-backsliding
obligations for additional measures for the revoked 1-hour ozone NAAQS;
and imposes no additional requirements. Accordingly, I certify that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this proposed rule does not impose
any additional enforceable duties, it 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).
This proposed rule also does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely proposes to approve a demonstration
provided by the State of Texas and find that the HGB area is no longer
subject to the anti-backsliding obligations for additional measures for
the revoked 1-hour ozone NAAQS; and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
The proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). Additionally, this proposed rule does not involve
establishment of technical standards, and thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this proposed
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment. The rulemaking does not affect the level of protection
provided to human health or the environment because approving the
demonstration provided by Texas and finding that the HGB area is no
longer subject to the anti-backsliding obligations for additional
measures for the revoked 1-hour ozone NAAQS does not alter the emission
reduction measures that are required to be implemented in the HGB area,
which was classified as Severe nonattainment for the 1997 8-hour ozone
standard. See 73 FR 56983, October 1, 2008, and 40 CFR 51.1105.
Additionally, the proposed rule is not an economically significant
regulatory action based on health or safety risks subject to Executive
Order 13045 (62 FR 19885, April 23, 1997).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 29, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-20024 Filed 8-17-15; 8:45 am]
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