Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1-Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas, 33161-33166 [2016-12229]
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2015 and September 25, 2015. This
revision establishes sulfur in fuel oil
content limits for use in stationary
sources. In addition, the submittal
includes minor clarifying revisions to
the methods for sampling, emission
testing, sample analysis, and reporting.
The intended effect of this action is to
propose approval of these requirements
into the Connecticut SIP. This action is
being taken under the Clean Air Act.
DATES: Written comments must be
received on or before June 24, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2014–0364 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2014–0364,
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier: Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office,
Office of Ecosystem Protection, Air
Quality Unit, 5 Post Office Square—
Suite 100, (mail code OEP05–2), Boston,
MA 02109–3912. Such deliveries are
only accepted during the Regional
Office’s normal hours of operation. The
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8:30 a.m. to 4:30 p.m., excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2014–
0364. EPA’s policy is that all comments
received will be included in the public
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publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; Bureau of Air Management,
Department of Energy and
Environmental Protection, State Office
Building, 79 Elm Street, Hartford, CT
06106–1630.
FOR FURTHER INFORMATION CONTACT:
Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, telephone (617) 918–
1697, facsimile (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP submittals as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
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submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule which is located in the
Rules Section of this Federal Register.
Dated: November 5, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2016–12118 Filed 5–24–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2015–0721; FRL–9946–85–
Region 6]
Clean Air Act Redesignation Substitute
for the Dallas-Fort Worth 1-Hour Ozone
and 1997 8-Hour Ozone Nonattainment
Areas; Texas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
redesignation substitute and make a
finding of attainment for both the 1-hour
ozone and the 1997 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) for the Dallas-Fort Worth
nonattainment area (DFW area). The
redesignation substitute demonstration
states that the area has attained both the
revoked 1-hour ozone and the revoked
1997 8-hour ozone NAAQS due to
permanent and enforceable emission
reductions, and that it will maintain
those NAAQS for ten years from the
date of the EPA’s approval of this
demonstration. Final approval of the
redesignation substitute will result in
the area no longer being subject to any
remaining applicable anti-backsliding
requirements and the nonattainment
SUMMARY:
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new source review (NNSR)
requirements associated with the
revoked NAAQS. In general, final
approval of the redesignation substitute
would allow Texas to seek to revise the
Texas SIP for the area to remove antibacksliding measures from the active
portion of its SIP if it can demonstrate,
pursuant to the 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.
However, the EPA believes that in this
instance, Texas does not need to revise
its SIP to alter certain provisions for
NNSR effective in the DFW area.
Written comments must be
received on or before June 24, 2016.
DATES:
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0721, at https://
www.regulations.gov or via email to
Donaldson.tracie@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. 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 submission methods, please
contact Ms. Tracie Donaldson, (214)
665–6633, Donaldson.tracie@epa.gov.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective 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).
Lhorne on DSK30JT082PROD with PROPOSALS
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Tracie Donaldson, (214) 665–6633,
Donaldson.tracie@epa.gov. To inspect
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the hard copy materials, please contact
Tracie 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
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). In 2008 we 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 at the
time of designation based on the area’s
‘‘design value’’ (77 FR 30088, 30091,
May 21, 2012 and CAA section
181(a)(1)). The design value is
calculated from air quality data from the
area for the 3 years preceding
designation. 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.
The EPA revoked the 1997 ozone
NAAQS for all purposes effective April
6, 2015 (80 FR 12264, 12296, March 6,
2015). In that rule, the EPA established
a regulatory list of ‘‘applicable
requirements’’ that would apply as antibacksliding requirements for the
transition from the 1997 ozone NAAQS
to the 2008 ozone NAAQS. Id. at 12298–
99. The rule provides that an area
initially subject to the anti-backsliding
obligations for a revoked NAAQS will
remain so until we approve (1) a
redesignation to attainment for the area
for the 2008 ozone NAAQS or (2) a
‘‘redesignation substitute,’’ which serves
as a successor to redesignation to
attainment, for which the area would
have been eligible were it not for
revocation. Id. at 12304. 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. See id.
at 12303–306; 78 FR 34178, 34222–223.
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The rule also provides that if, after
notice and comment rulemaking, we
approve a redesignation substitute for a
revoked NAAQS, the state may request
to revise its SIP to revise or remove
provisions for NNSR for that revoked
NAAQS 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 DFW four-county 1-hour ozone
nonattainment area consists of Collin,
Dallas, Denton and Tarrant Counties.
Under the 1990 CAA Amendments the
area was classified as a moderate ozone
nonattainment area for the 1-hour ozone
NAAQS (November 6, 1991, 56 FR
56694 and CAA section 181(a)(1)). On
March 20, 1998, we reclassified the
four-county DFW nonattainment area to
Serious (63 FR 8128). As discussed
below, ambient air quality monitoring
data for ozone indicates that the area
attained and is continuing to maintain
the 1-hour ozone standard.
The DFW nine-county 1997 8-hour
ozone nonattainment area consists of
Collin, Dallas, Denton, Ellis, Johnson,
Kaufman, Parker, Rockwall and Tarrant
counties. On April 30, 2004, the EPA
designated and classified the ninecounty DFW nonattainment area as a
Moderate nonattainment area under the
1997 8-hour ozone standard with an
attainment date of no later than June 15,
2010 (see 69 FR 23858 and 69 FR 23951)
On December 20, 2010, we reclassified
the nine-county DFW nonattainment
area as Serious (75 FR 79302). As
discussed below, ambient air quality
monitoring data for ozone indicates that
the area attained and is continuing to
maintain the 1997 8-hour ozone
standard.
Texas provided the ‘‘Redesignation
Substitute Report for the Dallas-Fort
Worth (DFW) One-Hour and 1997 EightHour Ozone Standard Nonattainment
Areas’’ (redesignation substitute report)
to EPA on August 18, 2015. The
submission also requested that EPA
concur that the NNSR provisions
relevant to the revoked 1997 ozone
NAAQS would no longer apply. The
report is available through
www.regulations.gov (e-docket EPA–
R06–OAR–2015–0609).
II. EPA’s Evaluation of the DFW
Redesignation Substitute Report for the
1-Hour Ozone NAAQS
To determine whether we should
approve the 1-hour ozone redesignation
substitute for the DFW area we
evaluated the redesignation substitute
report provided by Texas and the
ambient ozone data for the area in the
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threshold of 1.0 per year. A more
detailed table of expected 1-hour ozone
exceedances for the DFW monitors
based on ozone data can be found in the
TSD.
The DFW 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 implemented as part of its
attainment demonstration SIP that led to
permanent and enforceable emissions
A. Has the area attained the revoked 1reductions. Additionally, we have
hour ozone NAAQS due to permanent
approved SIPs for the DFW area that
and enforceable emission reductions?
document continuous emissions
In a previous action we found that the
reductions due to permanent and
DFW area had attained the 1-hour ozone
enforceable measures for the 1-hour and
standard (73 FR 61357). Ambient air
1997 8-hour ozone standards (62 FR
quality found in the AQS database
shows that the DFW area attained the 1- 27964, May 22, 1997; 70 FR 18993 April
12, 2005; 73 FR 58475, October 7, 2008;
hour ozone standard at the end of 2006
79 FR 67068, November 12, 2014). The
and subsequent years and preliminary
data from 2015 indicate that the area has TCEQ has implemented stringent and
innovative regulations that address
continued to maintain the standard
emissions of NOX and VOCs. These
(Table 1).
include, but are not limited to:
• DFW Industrial, Commercial and
TABLE 1—1-HOUR DESIGN VALUES
FOR THE DFW FOUR-COUNTY NON- Industrial (ICI) Major and Minor New
Source Rules to control NOX from
ATTAINMENT AREA
multiple source categories. For Major
sources, first implemented in the nine1-Hour
county area on March 1, 2009 or March
ozone
Years
design
1, 2010, depending on the source
value
category. On January 1, 2017, Wise
County will be added and control
2004–2006 .................................... 124 ppb.
requirements for wood-fired boilers will
2005–2007 .................................... 124 ppb.
also be added in all ten counties. For
2006–2008 .................................... 118 ppb.
2007–2009 .................................... 115 ppb.
Minor sources, implemented in the
2008–2010 .................................... 110 ppb.
nine-county area on March 1, 2009 for
2009–2011 .................................... 110 ppb.
rich-burn gas-fired engines, diesel-fired
2010–2012 .................................... 108 ppb.
engines, and dual-fuel engines; March 1,
2011–2013 .................................... 108 ppb.
2010 for lean-burn gas-fired engines.
2012–2014 .................................... 102 ppb.
• DFW Major Utility Electric
Preliminary 2013–2015 ................ 102 ppb.
Generation Source Rule to control NOX.
In 2006, all monitors in the DFW area First implemented in March 2009, Wise
had expected exceedances less than the
County to be in added in January 2017.
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–2015–0721).
33163
• VOC Control Measures requiring
reasonably available control technology
(RACT) for VOC sources. First
implemented in 2002 with counties
added in 2002, 2009 and Wise County
to be added in 2017.
• Vehicle Inspection and
Maintenance implemented in Collin,
Dallas, Denton and Tarrant Counties in
2002 and then expanded to Ellis
Johnson, Kaufman, Parker and Rockwall
Counties in 2003.
• Federal Area Non-road emissions
limits are being phased in through 2018.
• Federal On-road emissions limits
are being phased in through 2025.
Given our previous actions approving
Texas SIPs pertaining to permanent and
enforceable measures, we agree with
Texas’ conclusion that the area has
attained the revoked 1-hour ozone
NAAQS due to permanent and
enforceable emission reductions. Many
others are listed and a more detailed
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 DFW area
will maintain the revoked 1-hour ozone
NAAQS for 10 years from the date of
our approval of the redesignation
substitute, the redesignation substitute
report provided information on
projected emissions of ozone precursors
for the four-county DFW 1-hour ozone
NAAQS nonattainment area (Tables 2
and 3). The emission projections show
that (1) NOX and VOC emissions will
continue to decrease through 2028. 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. More detail on our review
can be found in the TSD.
TABLE 2—NOX EMISSION PROJECTIONS FOR FOUR-COUNTY DFW AREA
[Tons per day]
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Category
2012
2014
2017
2020
2023
2026
2028
Point Sources ...............
Area Sources ...............
On-Road Mobile
Sources (MOVES
2014) ........................
Non-Road Mobile
Sources ....................
8.47
28.54
8.79
29.41
29.47
27.79
29.57
25.96
29.65
24.9
29.71
24.68
29.76
24.68
171.2
147.42
96.74
69.67
54.44
43.33
38.83
76.95
72.29
61.56
53.31
48.87
46.36
45.66
Total ......................
285.16
257.91
215.56
178.51
157.86
144.08
138.93
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TABLE 3—VOC EMISSION PROJECTIONS FOR FOUR-COUNTY DFW AREA
[Tons per day]
Category
2012
2014
2017
2020
2023
2026
2028
Point Sources ...............
Area Sources ...............
On-Road Mobile
Sources (MOVES
2014) ........................
Non-Road Mobile
Sources ....................
11.11
218.9
11.02
224.51
11.52
218.56
11.71
211.43
11.86
209.81
11.99
210.69
12.08
211.77
78.56
71.20
55.59
46.81
41.53
35.85
32.94
41.39
36.48
32.59
31.08
31.04
31.52
32.08
Total ......................
349.96
343.21
318.26
301.03
294.24
290.05
288.87
III. EPA’s Evaluation of the DFW
Redesignation Substitute Report for the
1997 8-Hour Ozone NAAQS
To determine whether we should
approve the 1997 8-hour ozone
redesignation substitute for the DFW
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 TSD for this action. The
TSD can be accessed through
www.regulations.gov (e-docket EPA–
R06–OAR–2015–0721).
A. Has the area attained the revoked
1997 8-hour ozone NAAQS due to
permanent and enforceable emission
reductions?
In a previous action we found that the
DFW area had attained the 1997 8-hour
ozone standard (80 FR 52630). Ambient
air quality found in the AQS database
shows that the DFW area attained the
1997 8-hour ozone standard at the end
of 2014 and preliminary data indicate
that the area has continued to maintain
the standard (Table 4).
TABLE 4—8-HOUR DESIGN VALUES
FOR THE DFW AREA
8-Hour
ozone
design
value
Years
2012–2014 ....................................
Preliminary 2013–2015 ................
84 ppb.
83 ppb.
In 2014, all monitors in the DFW area
reported 8-hour ozone values of 84 ppb
or less. A more detailed table of 8-hour
ozone values for the DFW monitors can
be found in the TSD.
The DFW area redesignation
substitute report provides information
on emissions of NOX and VOCs and
regulations that reduced these
emissions. Texas identified control
measures for both the 1-hour ozone and
the 1997 8-hour ozone NAAQS that led
to permanent and enforceable emission
reductions. In our evaluation of the 1hour ozone NAAQS, we list several
existing measures in the DFW area.
Please see that evaluation and the TSD
for more detailed information. Given
our previous actions approving Texas
SIPs pertaining to permanent and
enforceable measures, we agree with
Texas’ conclusion that the area has
attained the 1997 8-hour ozone NAAQS
due to permanent and enforceable
emission reductions. The TCEQ has
implemented stringent and innovative
regulations that address emissions of
NOX and VOCs. Some of these are listed
above as well as many others that can
be found in the TSD in Section C.
Permanent and Enforceable Emissions
Controls Implemented
B. Will the area maintain the revoked
1997 8-hour ozone NAAQS for 10 years
from the date of our approval?
To demonstrate that the DFW area
will maintain the revoked 1997 8-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 for the nine-county
1997 ozone NAAQS nonattainment area
(Tables 5 and 6). The emission
projections show that both NOX and
VOC emissions will continue to
decrease through 2028. We reviewed
this information and agree with the
conclusion that the area will maintain
the revoked 1997 8-hour ozone NAAQS
for 10 years from the date of our
approval. More detail on our review can
be found in the TSD.
TABLE 5—NOX EMISSION PROJECTIONS FOR NINE-COUNTY DFW AREA
[Tons per day]
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Category
Point Sources ...............
Area Sources ...............
On-Road Mobile
Sources ....................
Non-Road Mobile
Sources ....................
Total ......................
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2012
2014
2017
2020
2023
2026
2028
30.80
33.60
31.25
34.77
62.38
32.01
62.49
28.98
62.57
27.37
62.64
26.97
62.71
26.93
216.74
188.65
129.19
95.95
77.87
64.62
59.75
92.98
86.83
72.83
62.10
56.21
52.71
51.55
374.12
341.50
296.41
249.52
224.02
206.94
200.94
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TABLE 6—VOC EMISSION PROJECTIONS FOR NINE-COUNTY DFW AREA
[tons per day]
Category
2012
2014
2017
2020
2023
2026
2028
27.66
265.43
28.61
273.08
29.46
260.19
29.97
245.76
30.41
241.13
30.82
241.19
31.10
242.15
92.17
83.75
65.62
55.36
49.21
42.70
39.49
46.87
41.34
36.73
34.78
34.55
35.00
35.53
Total ......................
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Point Sources ...............
Area Sources ...............
On-Road Mobile
Sources ....................
Non-Road Mobile
Sources ....................
432.13
426.78
392.00
365.87
355.30
349.71
348.27
IV. 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 approve the redesignation substitute
for the DFW area for both the revoked
1-hour ozone and the revoked 1997 8hour ozone NAAQS due to permanent
and enforceable emission reductions,
and that it will maintain those NAAQS
for ten years from the date of the EPA’s
approval of this demonstration. If EPA
finalizes approval of the redesignation
substitute, the DFW area would no
longer be subject to any remaining
applicable anti-backsliding
requirements and the NNSR
requirements associated with the
revoked NAAQS. It would also allow
the state to request a SIP revision to
shift anti-backsliding obligations for the
revoked ozone NAAQS to contingency
measures provided that such action is
consistent with CAA sections 110(1)
and 193 (if applicable).
Texas’s redesignation substitute
report also requested that EPA concur
that the NNSR provisions relevant to the
revoked 1-hour ozone NAAQS and the
revoked 1997 8-hour ozone NAAQS
would no longer apply. As explained
previously, if we approve a
redesignation substitute, the state may
request to revise its SIP to revise or
remove provisions for NNSR for the
revoked standard, provided that such
action is consistent with CAA sections
110(l) and 193 (40 CFR 51.1105(b)(2)).
However, the EPA believes that in this
instance, Texas does not need to revise
its SIP to alter some of the provisions for
NNSR effective in the DFW area. The
EPA reads Texas’s NNSR SIP
designations and classifications (and
thus the related major source thresholds
and offset ratios) to adjust as 40 CFR
part 81 is updated and does not require
further action by Texas if EPA were to
finalize the redesignation substitute
proposed here. This is explained in
detail in Section D of the TSD. Because
the DFW area is classified as Moderate
VerDate Sep<11>2014
14:52 May 24, 2016
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nonattainment for the 2008 ozone
NAAQS (as of the date of this Proposal),
if the EPA finalizes this redesignation
substitute, we believe that Texas’s
NNSR program would automatically
change to requirements applicable for
moderate areas in accordance with the
DFW area classification for the 2008
ozone NAAQS for newly permitted
sources. We note that finalization of this
redesignation substitute does not relieve
sources in the area of their obligations
under previously established permit
conditions.1
V. 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 DFW
area is no longer subject to the antibacksliding obligations for additional
measures for the revoked 1-hour ozone
and the revoked 1997 8-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
1 See Final Implementation Rule for 2008 Ozone
Standard, 80 FR 12264, at 12299, footnote 83 and
at 12304, footnote 91.
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
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 DFW area is no longer subject
to the anti-backsliding obligations for
additional measures for the revoked
1-hour ozone and the revoked 1997 8hour 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
E:\FR\FM\25MYP1.SGM
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Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules
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. 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 13, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016–12229 Filed 5–24–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2015–0609; FRL–9946–84–
Region 6]
Clean Air Act Redesignation Substitute
for the Houston-Galveston-Brazoria
1997 8-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 and make a
finding of attainment for the 1997 8hour ozone National Ambient Air
Quality Standards (NAAQS) for the
Houston-Galveston-Brazoria ozone
nonattainment area (HGB area). The
redesignation substitute demonstration
indicates that the area has attained the
revoked 1997 8-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. Final approval of the
redesignation substitute will result in
the area no longer being subject to any
remaining applicable anti-backsliding
requirements and the nonattainment
Lhorne on DSK30JT082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
14:52 May 24, 2016
Jkt 238001
new source review (NNSR)
requirements associated with the
revoked NAAQS. In general, final
approval of the redesignation substitute
would allow Texas to seek to revise the
Texas SIP for the area to remove antibacksliding 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.
However, the EPA believes that in this
instance, Texas does not need to revise
its SIP to alter certain provisions for
NNSR effective in the HGB area.
Written comments must be
received on or before June 24, 2016.
DATES:
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0609, at https://
www.regulations.gov or via email to
Donaldson.tracie@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. 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 submission methods, please
contact Ms. Tracie Donaldson, (214)
665–6633, Donaldson.tracie@epa.gov.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective 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).
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Tracie Donaldson, (214) 665–6633,
Donaldson.tracie@epa.gov. To inspect
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
the hard copy materials, please contact
Tracie 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
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). In 2008, we 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 at the
time of designation based on the area’s
design value (77 FR 30088, 30091, May
21, 2012 and CAA section 181(a)(1)).
The design value is calculated from air
quality data from the area for the 3 years
preceding designation. The possible
classifications are Marginal, Moderate,
Serious, Severe, and Extreme.
Nonattainment areas with a ‘‘lower’’
classification have design values that
are closer to the NAAQS than areas with
a ‘‘higher’’ classification.
The EPA revoked the 1997 ozone
NAAQS for all purposes effective April
6, 2015 (80 FR 12264, 12296, March 6,
2015). In that rule, the EPA established
a regulatory list of ‘‘applicable
requirements’’ that would apply as antibacksliding requirements for the
transition from the 1997 ozone NAAQS
to the 2008 ozone NAAQS. Id. at 12298–
99. The rule provides that an area
initially subject to the anti-backsliding
obligations for a revoked NAAQS will
remain so until we approve (1) a
redesignation to attainment for the area
for the 2008 ozone NAAQS or (2) a
‘‘redesignation substitute’’, which serves
as a successor to redesignation to
attainment, for which the area would
have been eligible were it not for
revocation. Id. at 12304. 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
the 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. See id.
at 12303–306; 78 FR 34178, 34222–223.
E:\FR\FM\25MYP1.SGM
25MYP1
]]>Agencies
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Proposed Rules]
[Pages 33161-33166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12229]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2015-0721; FRL-9946-85-Region 6]
Clean Air Act Redesignation Substitute for the Dallas-Fort Worth
1-Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a redesignation substitute and make a finding of attainment for
both the 1-hour ozone and the 1997 8-hour ozone National Ambient Air
Quality Standards (NAAQS) for the Dallas-Fort Worth nonattainment area
(DFW area). The redesignation substitute demonstration states that the
area has attained both the revoked 1-hour ozone and the revoked 1997 8-
hour ozone NAAQS due to permanent and enforceable emission reductions,
and that it will maintain those NAAQS for ten years from the date of
the EPA's approval of this demonstration. Final approval of the
redesignation substitute will result in the area no longer being
subject to any remaining applicable anti-backsliding requirements and
the nonattainment
[[Page 33162]]
new source review (NNSR) requirements associated with the revoked
NAAQS. In general, final approval of the redesignation substitute would
allow Texas to seek to revise the Texas SIP for the area to remove
anti-backsliding measures from the active portion of its SIP if it can
demonstrate, pursuant to the 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. However, the EPA
believes that in this instance, Texas does not need to revise its SIP
to alter certain provisions for NNSR effective in the DFW area.
DATES: Written comments must be received on or before June 24, 2016.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0721, at https://www.regulations.gov or via email to
Donaldson.tracie@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. 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 submission methods, please contact Ms. Tracie Donaldson,
(214) 665-6633, Donaldson.tracie@epa.gov. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective 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 Tracie 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 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). In 2008 we 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 at the time of
designation based on the area's ``design value'' (77 FR 30088, 30091,
May 21, 2012 and CAA section 181(a)(1)). The design value is calculated
from air quality data from the area for the 3 years preceding
designation. 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.
The EPA revoked the 1997 ozone NAAQS for all purposes effective
April 6, 2015 (80 FR 12264, 12296, March 6, 2015). In that rule, the
EPA established a regulatory list of ``applicable requirements'' that
would apply as anti-backsliding requirements for the transition from
the 1997 ozone NAAQS to the 2008 ozone NAAQS. Id. at 12298-99. The rule
provides that an area initially subject to the anti-backsliding
obligations for a revoked NAAQS will remain so until we approve (1) a
redesignation to attainment for the area for the 2008 ozone NAAQS or
(2) a ``redesignation substitute,'' which serves as a successor to
redesignation to attainment, for which the area would have been
eligible were it not for revocation. Id. at 12304. 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. See id. at 12303-306; 78 FR
34178, 34222-223. The rule also provides that if, after notice and
comment rulemaking, we approve a redesignation substitute for a revoked
NAAQS, the state may request to revise its SIP to revise or remove
provisions for NNSR for that revoked NAAQS 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 DFW four-county 1-hour ozone nonattainment area consists of
Collin, Dallas, Denton and Tarrant Counties. Under the 1990 CAA
Amendments the area was classified as a moderate ozone nonattainment
area for the 1-hour ozone NAAQS (November 6, 1991, 56 FR 56694 and CAA
section 181(a)(1)). On March 20, 1998, we reclassified the four-county
DFW nonattainment area to Serious (63 FR 8128). As discussed below,
ambient air quality monitoring data for ozone indicates that the area
attained and is continuing to maintain the 1-hour ozone standard.
The DFW nine-county 1997 8-hour ozone nonattainment area consists
of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall
and Tarrant counties. On April 30, 2004, the EPA designated and
classified the nine-county DFW nonattainment area as a Moderate
nonattainment area under the 1997 8-hour ozone standard with an
attainment date of no later than June 15, 2010 (see 69 FR 23858 and 69
FR 23951) On December 20, 2010, we reclassified the nine-county DFW
nonattainment area as Serious (75 FR 79302). As discussed below,
ambient air quality monitoring data for ozone indicates that the area
attained and is continuing to maintain the 1997 8-hour ozone standard.
Texas provided the ``Redesignation Substitute Report for the
Dallas-Fort Worth (DFW) One-Hour and 1997 Eight-Hour Ozone Standard
Nonattainment Areas'' (redesignation substitute report) to EPA on
August 18, 2015. The submission also requested that EPA concur that the
NNSR provisions relevant to the revoked 1997 ozone NAAQS would no
longer apply. The report is available through www.regulations.gov (e-
docket EPA-R06-OAR-2015-0609).
II. EPA's Evaluation of the DFW Redesignation Substitute Report for the
1-Hour Ozone NAAQS
To determine whether we should approve the 1-hour ozone
redesignation substitute for the DFW area we evaluated the
redesignation substitute report provided by Texas and the ambient ozone
data for the area in the
[[Page 33163]]
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-2015-0721).
A. Has the area attained the revoked 1-hour ozone NAAQS due to
permanent and enforceable emission reductions?
In a previous action we found that the DFW area had attained the 1-
hour ozone standard (73 FR 61357). Ambient air quality found in the AQS
database shows that the DFW area attained the 1-hour ozone standard at
the end of 2006 and subsequent years and preliminary data from 2015
indicate that the area has continued to maintain the standard (Table
1).
Table 1--1-Hour Design Values for the DFW Four-County Nonattainment Area
------------------------------------------------------------------------
Years 1-Hour ozone design value
------------------------------------------------------------------------
2004-2006.................................. 124 ppb.
2005-2007.................................. 124 ppb.
2006-2008.................................. 118 ppb.
2007-2009.................................. 115 ppb.
2008-2010.................................. 110 ppb.
2009-2011.................................. 110 ppb.
2010-2012.................................. 108 ppb.
2011-2013.................................. 108 ppb.
2012-2014.................................. 102 ppb.
Preliminary 2013-2015...................... 102 ppb.
------------------------------------------------------------------------
In 2006, all monitors in the DFW area had expected exceedances less
than the threshold of 1.0 per year. A more detailed table of expected
1-hour ozone exceedances for the DFW monitors based on ozone data can
be found in the TSD.
The DFW 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 implemented as part of its attainment demonstration SIP that
led to permanent and enforceable emissions reductions. Additionally, we
have approved SIPs for the DFW area that document continuous emissions
reductions due to permanent and enforceable measures for the 1-hour and
1997 8-hour ozone standards (62 FR 27964, May 22, 1997; 70 FR 18993
April 12, 2005; 73 FR 58475, October 7, 2008; 79 FR 67068, November 12,
2014). The TCEQ has implemented stringent and innovative regulations
that address emissions of NOX and VOCs. These include, but
are not limited to:
DFW Industrial, Commercial and Industrial (ICI) Major and
Minor New Source Rules to control NOX from multiple source
categories. For Major sources, first implemented in the nine-county
area on March 1, 2009 or March 1, 2010, depending on the source
category. On January 1, 2017, Wise County will be added and control
requirements for wood-fired boilers will also be added in all ten
counties. For Minor sources, implemented in the nine-county area on
March 1, 2009 for rich-burn gas-fired engines, diesel-fired engines,
and dual-fuel engines; March 1, 2010 for lean-burn gas-fired engines.
DFW Major Utility Electric Generation Source Rule to
control NOX. First implemented in March 2009, Wise County to
be in added in January 2017.
VOC Control Measures requiring reasonably available
control technology (RACT) for VOC sources. First implemented in 2002
with counties added in 2002, 2009 and Wise County to be added in 2017.
Vehicle Inspection and Maintenance implemented in Collin,
Dallas, Denton and Tarrant Counties in 2002 and then expanded to Ellis
Johnson, Kaufman, Parker and Rockwall Counties in 2003.
Federal Area Non-road emissions limits are being phased in
through 2018.
Federal On-road emissions limits are being phased in
through 2025.
Given our previous actions approving Texas SIPs pertaining to
permanent and enforceable measures, we agree with Texas' conclusion
that the area has attained the revoked 1-hour ozone NAAQS due to
permanent and enforceable emission reductions. Many others are listed
and a more detailed 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 DFW area will maintain the revoked 1-hour
ozone NAAQS for 10 years from the date of our approval of the
redesignation substitute, the redesignation substitute report provided
information on projected emissions of ozone precursors for the four-
county DFW 1-hour ozone NAAQS nonattainment area (Tables 2 and 3). The
emission projections show that (1) NOX and VOC emissions
will continue to decrease through 2028. 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. More
detail on our review can be found in the TSD.
Table 2--NOX Emission Projections for Four-County DFW Area
[Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 2012 2014 2017 2020 2023 2026 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources........................... 8.47 8.79 29.47 29.57 29.65 29.71 29.76
Area Sources............................ 28.54 29.41 27.79 25.96 24.9 24.68 24.68
On-Road Mobile Sources (MOVES 2014)..... 171.2 147.42 96.74 69.67 54.44 43.33 38.83
Non-Road Mobile Sources................. 76.95 72.29 61.56 53.31 48.87 46.36 45.66
---------------------------------------------------------------------------------------------------------------
Total............................... 285.16 257.91 215.56 178.51 157.86 144.08 138.93
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 33164]]
Table 3--VOC Emission Projections for Four-County DFW Area
[Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 2012 2014 2017 2020 2023 2026 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources........................... 11.11 11.02 11.52 11.71 11.86 11.99 12.08
Area Sources............................ 218.9 224.51 218.56 211.43 209.81 210.69 211.77
On-Road Mobile Sources (MOVES 2014)..... 78.56 71.20 55.59 46.81 41.53 35.85 32.94
Non-Road Mobile Sources................. 41.39 36.48 32.59 31.08 31.04 31.52 32.08
---------------------------------------------------------------------------------------------------------------
Total............................... 349.96 343.21 318.26 301.03 294.24 290.05 288.87
--------------------------------------------------------------------------------------------------------------------------------------------------------
III. EPA's Evaluation of the DFW Redesignation Substitute Report for
the 1997 8-Hour Ozone NAAQS
To determine whether we should approve the 1997 8-hour ozone
redesignation substitute for the DFW 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 TSD for this action. The TSD can be accessed through
www.regulations.gov (e-docket EPA-R06-OAR-2015-0721).
A. Has the area attained the revoked 1997 8-hour ozone NAAQS due to
permanent and enforceable emission reductions?
In a previous action we found that the DFW area had attained the
1997 8-hour ozone standard (80 FR 52630). Ambient air quality found in
the AQS database shows that the DFW area attained the 1997 8-hour ozone
standard at the end of 2014 and preliminary data indicate that the area
has continued to maintain the standard (Table 4).
Table 4--8-Hour Design Values for the DFW Area
------------------------------------------------------------------------
Years 8-Hour ozone design value
------------------------------------------------------------------------
2012-2014.................................. 84 ppb.
Preliminary 2013-2015...................... 83 ppb.
------------------------------------------------------------------------
In 2014, all monitors in the DFW area reported 8-hour ozone values of
84 ppb or less. A more detailed table of 8-hour ozone values for the
DFW monitors can be found in the TSD.
The DFW area redesignation substitute report provides information
on emissions of NOX and VOCs and regulations that reduced
these emissions. Texas identified control measures for both the 1-hour
ozone and the 1997 8-hour ozone NAAQS that led to permanent and
enforceable emission reductions. In our evaluation of the 1-hour ozone
NAAQS, we list several existing measures in the DFW area. Please see
that evaluation and the TSD for more detailed information. Given our
previous actions approving Texas SIPs pertaining to permanent and
enforceable measures, we agree with Texas' conclusion that the area has
attained the 1997 8-hour ozone NAAQS due to permanent and enforceable
emission reductions. The TCEQ has implemented stringent and innovative
regulations that address emissions of NOX and VOCs. Some of
these are listed above as well as many others that can be found in the
TSD in Section C. Permanent and Enforceable Emissions Controls
Implemented
B. Will the area maintain the revoked 1997 8-hour ozone NAAQS for 10
years from the date of our approval?
To demonstrate that the DFW area will maintain the revoked 1997 8-
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 for the nine-county 1997 ozone
NAAQS nonattainment area (Tables 5 and 6). The emission projections
show that both NOX and VOC emissions will continue to
decrease through 2028. We reviewed this information and agree with the
conclusion that the area will maintain the revoked 1997 8-hour ozone
NAAQS for 10 years from the date of our approval. More detail on our
review can be found in the TSD.
Table 5--NOX Emission Projections for Nine-County DFW Area
[Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 2012 2014 2017 2020 2023 2026 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources........................... 30.80 31.25 62.38 62.49 62.57 62.64 62.71
Area Sources............................ 33.60 34.77 32.01 28.98 27.37 26.97 26.93
On-Road Mobile Sources.................. 216.74 188.65 129.19 95.95 77.87 64.62 59.75
Non-Road Mobile Sources................. 92.98 86.83 72.83 62.10 56.21 52.71 51.55
---------------------------------------------------------------------------------------------------------------
Total............................... 374.12 341.50 296.41 249.52 224.02 206.94 200.94
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 33165]]
Table 6--VOC Emission Projections for Nine-County DFW Area
[tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 2012 2014 2017 2020 2023 2026 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Sources........................... 27.66 28.61 29.46 29.97 30.41 30.82 31.10
Area Sources............................ 265.43 273.08 260.19 245.76 241.13 241.19 242.15
On-Road Mobile Sources.................. 92.17 83.75 65.62 55.36 49.21 42.70 39.49
Non-Road Mobile Sources................. 46.87 41.34 36.73 34.78 34.55 35.00 35.53
---------------------------------------------------------------------------------------------------------------
Total............................... 432.13 426.78 392.00 365.87 355.30 349.71 348.27
--------------------------------------------------------------------------------------------------------------------------------------------------------
IV. 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 approve the
redesignation substitute for the DFW area for both the revoked 1-hour
ozone and the revoked 1997 8-hour ozone NAAQS due to permanent and
enforceable emission reductions, and that it will maintain those NAAQS
for ten years from the date of the EPA's approval of this
demonstration. If EPA finalizes approval of the redesignation
substitute, the DFW area would no longer be subject to any remaining
applicable anti-backsliding requirements and the NNSR requirements
associated with the revoked NAAQS. It would also allow the state to
request a SIP revision to shift anti-backsliding obligations for the
revoked ozone NAAQS to contingency measures provided that such action
is consistent with CAA sections 110(1) and 193 (if applicable).
Texas's redesignation substitute report also requested that EPA
concur that the NNSR provisions relevant to the revoked 1-hour ozone
NAAQS and the revoked 1997 8-hour ozone NAAQS would no longer apply. As
explained previously, if we approve a redesignation substitute, the
state may request to revise its SIP to revise or remove provisions for
NNSR for the revoked standard, provided that such action is consistent
with CAA sections 110(l) and 193 (40 CFR 51.1105(b)(2)). However, the
EPA believes that in this instance, Texas does not need to revise its
SIP to alter some of the provisions for NNSR effective in the DFW area.
The EPA reads Texas's NNSR SIP designations and classifications (and
thus the related major source thresholds and offset ratios) to adjust
as 40 CFR part 81 is updated and does not require further action by
Texas if EPA were to finalize the redesignation substitute proposed
here. This is explained in detail in Section D of the TSD. Because the
DFW area is classified as Moderate nonattainment for the 2008 ozone
NAAQS (as of the date of this Proposal), if the EPA finalizes this
redesignation substitute, we believe that Texas's NNSR program would
automatically change to requirements applicable for moderate areas in
accordance with the DFW area classification for the 2008 ozone NAAQS
for newly permitted sources. We note that finalization of this
redesignation substitute does not relieve sources in the area of their
obligations under previously established permit conditions.\1\
---------------------------------------------------------------------------
\1\ See Final Implementation Rule for 2008 Ozone Standard, 80 FR
12264, at 12299, footnote 83 and at 12304, footnote 91.
---------------------------------------------------------------------------
V. 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 DFW area is no longer subject to the anti-backsliding
obligations for additional measures for the revoked 1-hour ozone and
the revoked 1997 8-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 DFW area is no longer subject to the anti-
backsliding obligations for additional measures for the revoked 1-hour
ozone and the revoked 1997 8-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
[[Page 33166]]
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. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 13, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-12229 Filed 5-24-16; 8:45 am]
BILLING CODE 6560-50-P
