Determination of Nonattainment and Reclassification of the Houston-Galveston-Brazoria 2008 8-Hour Ozone Nonattainment Area; Texas, 66240-66243 [2016-23247]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 66240 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules these sources and law enforcement personnel. (2) Personnel Security and Suitability Investigatory Records. This system is exempt under U.S.C. 552a(k)(1), (k)(2), and (k)(5) from the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4); (G); (H); (I); and (f). These exemptions are claimed to protect the materials required by executive order to be kept secret in the interest of national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to insure the proper functioning and integrity of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering those sources and, ultimately, to facilitate proper selection or continuance of the best applicants or persons for a given position or contract. Special note is made of the limitation on the extent to which this exemption may be asserted. (3) Litigation Records. This system is exempt under 5 U.S.C. 552(k)(1), (k)(2), and (k)(5) from the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4) (G), (H), (I); and (f). These exemptions are claimed to protect the materials required by executive order to be kept secret in the interest of national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to insure the proper functioning and integrity of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information. (4) Employee Equal Employment Opportunity Complaint Investigatory Records. This system is exempt under 5 U.S.C. 552a(k)(1) and (k)(2) from the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4) (G), (H), (I); and (f). These exemptions are claimed to protect the materials required by executive order to be kept secret in the interest of national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to insure the proper functioning and integrity of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources. (5) The following systems of records are exempt under 5 U.S.C. 552a(k)(5) from the provision of 5 U.S.C. VerDate Sep<11>2014 16:56 Sep 26, 2016 Jkt 238001 552a(c)(3); (d); (e)(1); (e)(4) (G), (H), (I); and (f): (i) Employee Conduct and Discipline Records. (ii) Employee Relations Records. NOTE TO PARAGRAPH (c)(5): This exemption is claimed for these systems of records to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources and, ultimately, to facilitate proper selection or continuance of the best applicants or persons for a given position or contract. Special note is made of the limitation on the extent to which this exemption may be asserted. The existence and general character of the information exempted will be made known to the individual to whom it pertains. (6) Partner Vetting System. This system is exempt under 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5) from the provision of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), (I); and (f). These exemptions are claimed to protect the materials required by executive order to be kept secret in the interest of national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to insure the proper functioning and integrity of law enforcement activities, to prevent disclosure of investigative techniques, to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources, and to facilitate proper selection or continuance of the best applicants or persons for a given position or contract. Dated: September 21, 2016. Lynn P. Winston, Chief, Information and Records Division, FOIA Public Liaison/Agency Records Officer, U.S. Agency for International Development. [FR Doc. 2016–23270 Filed 9–26–16; 8:45 am] BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–R06–OAR–2016–0275; FRL–9952–67– Region 6] Determination of Nonattainment and Reclassification of the HoustonGalveston-Brazoria 2008 8-Hour Ozone Nonattainment Area; Texas Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 The Environmental Protection Agency (EPA) is proposing to determine that the Houston-Galveston-Brazoria ozone nonattainment area (HGB area) failed to attain the 2008 8hour ozone national ambient air quality standards (NAAQS) by the applicable attainment deadline of July 20, 2016, and thus is classified by operation of law as ‘‘Moderate’’. In this action, EPA is also proposing January 1, 2017 as the deadline by which Texas must submit to the EPA the State Implementation Plan (SIP) revisions that meet the CAA statutory and regulatory requirements that apply to 2008 ozone NAAQS nonattainment areas reclassified as Moderate. DATES: Written comments must be received on or before October 27, 2016. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2016–0275, at http:// www.regulations.gov or via email to salem.nevine@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. Nevine Salem, (214) 665– 7222, salem.nevine@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://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: Ms. Nevine Salem, (214) 665–7222, salem.nevine@epa.gov. SUMMARY: E:\FR\FM\27SEP1.SGM 27SEP1 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background In 2008 we revised the 8-hour ozone primary and secondary NAAQS to a level of 0.075 parts per million (ppm) annual fourth-highest daily maximum 8hour average concentration, averaged over three years to provide increased protection of public health and the environment (73 FR 16436, March 27, 2008). The HGB area was classified as a ‘‘Marginal’’ ozone nonattainment area for the 2008 8-hour ozone NAAQS and initially given an attainment date of no later than December 31, 2015 (77 FR 30088, May 21, 2012). The HGB area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties. On December 23, 2014, the D.C. Circuit issued a decision rejecting, among other things, our attainment deadlines for the 2008 ozone nonattainment areas, finding that we did not have statutory authority under the CAA to extend those deadlines to the end of the calendar year. NRDC v. EPA, 777 F.3d 456, 464–69 (D.C. Cir. 2014). Consistent with the court’s decision we modified the attainment deadlines for all nonattainment areas for the 2008 ozone NAAQS, and set the attainment deadline for all 2008 ozone nonattainment areas, including the HGB area as July 20, 2015 (80 FR 12264, March 6, 2015). As the HGB area qualified for a 1-year extension of the attainment deadline we revised the attainment deadline to July 20, 2016 (81 FR 26697, May 4, 2016). Classifications for ozone nonattainment areas range from ‘‘Marginal’’ (for areas with monitored ozone levels just exceeding the level of the NAAQS) to ‘‘Extreme’’ (for areas with monitored ozone levels well above the levels of the NAAQS). CAA section 182 stipulates the specific attainment planning and additional requirements that apply to each ozone nonattainment area based on its classification. CAA section 182, as interpreted by the EPA’s implementation regulations at 40 CFR 51.1108–1117, also establishes the timeframes by which air agencies must submit SIP revisions to address the applicable attainment planning elements, and the timeframes by which ozone nonattainment areas must attain the relevant NAAQS. CAA section 181(b)(2) requires us to (1) determine whether the HGB area attained the 2008 ozone NAAQS by the attainment deadline, (2) reclassify the HGB area if the attainment deadline is not met, and (3) publish a Federal Register notice within 6 months of the attainment deadline identifying the new classification if the area failed to attain by the attainment deadline. The determination of attainment is based on the area’s ‘‘design value’’ (DV), which for the 8-hour ozone NAAQS is the highest 3-year average of the annual fourth highest daily maximum 8-hour 66241 average ozone concentration of all regulatory monitors in the area. The 2008 ozone NAAQS is met when the DV is less than or equal to 0.075 ppm based on complete, consecutive calendar years of certified, quality assured ambient air monitoring data (40 CFR 50.15; 40 CFR 50, appendix P). A determination of attainment by the attainment deadline of July 20, 2016 is based on data from the consecutive calendar years of 2013– 2015. II. EPA Analysis Ozone air quality data from monitoring sites in the HGB area is presented in Table 1. This data has been quality assured and certified by the State of Texas. The data is available in the EPA Air Quality System (AQS) database and also in the electronic docket for this action. The Manvel monitoring site (48–039–1004) recorded the highest 2013–2015 design value (0.080 ppm), which is also the DV for the area. Although the HGB air trends show overall progress in reducing ozone concentrations over the past 15 years, the HGB area is not eligible for an additional one-year attainment date extension 1 because, at 0.078 ppm, the average of the 2014 and 2015 2 annual fourth highest daily maximum eighthour average ozone concentrations for the monitor in the area is greater than 0.075 ppm, the data for 2014–2015 indicates the area does not qualify for a second 1-year extension of the attainment deadline (40 CFR 51.1107). TABLE 1—HGB AREA FOURTH HIGHEST 8-HOUR OZONE CONCENTRATIONS AND DESIGN VALUES (ppm), 2013–2015 4th Highest daily maximum value Site name and No. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 2013 Garth (48–201–1017) ........................................................................................................................ Deer Park (48–201–1039) ................................................................................................................ Aldine (48–201–0024) ....................................................................................................................... Clinton Drive (48–201–1035) ............................................................................................................ Croquet (48–201–0051) .................................................................................................................... Monroe (48–201–0062) ..................................................................................................................... NW Harris Co. (48–201–0029) ......................................................................................................... Westhollow (48–201–0066) .............................................................................................................. Lang (48–201–0047) ......................................................................................................................... Wayside (48–201–0046) ................................................................................................................... Houston East (48–201–1034) ........................................................................................................... Bayland Park (48–201–0055) ........................................................................................................... Seabrook (48–201–1050) ................................................................................................................. Channelview (48–201–0026) ............................................................................................................ Lynchburg (48–201–1015) ................................................................................................................ Park Place (48–201–0416) ............................................................................................................... Galveston (48–167–1034) ................................................................................................................. Conroe (48–339–0078) ..................................................................................................................... Manvel (48–039–1004) ..................................................................................................................... Lake Jackson (48–039–1016) ........................................................................................................... 1 The area would be eligible for the second 1-year extension if the area’s 4th highest daily maximum 8-hour value, averaged over both the original VerDate Sep<11>2014 16:56 Sep 26, 2016 Jkt 238001 attainment year and the first extension year, is at or below 0.075 ppm. PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 2014 0.061 0.069 0.074 0.067 0.079 0.074 0.080 0.077 0.079 0.070 0.069 0.081 0.067 0.061 0.064 0.079 0.064 0.075 0.084 0.067 0.067 0.063 0.068 0.058 0.067 0.065 0.063 0.070 0.064 0.062 0.066 0.067 0.065 0.064 0.059 0.066 0.071 0.072 0.071 0.061 2015 0.077 0.077 0.095 0.084 0.079 0.073 0.078 0.079 0.091 0.078 0.088 0.080 0.083 0.081 0.079 0.087 0.084 0.073 0.086 0.065 Design value (2013–2015) 0.068 0.069 0.079 0.069 0.075 0.070 0.073 0.075 0.078 0.070 0.074 0.076 0.071 0.068 0.067 0.077 0.073 0.073 0.080 0.064 2 2014 and 2015 are the last two full years of complete air quality data prior to the July 20, 2016, attainment date. E:\FR\FM\27SEP1.SGM 27SEP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 66242 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules CAA section 181(b)(2)(A) provides that a marginal nonattainment area shall be reclassified by operation of law upon a determination by the EPA that such area failed to attain the relevant NAAQS by the applicable attainment date. Based on quality-assured ozone monitoring data from 2013–2015, as shown in Table 1, the new classification applicable to the HGB area would be the next higher classification of ‘‘moderate’’ under the CAA statutory scheme. Moderate nonattainment areas are required to attain the standard ‘‘as expeditiously as practicable’’ but no later than six years after the initial designation as nonattainment (which, in the case of the HGB area, is July 20, 2018). The attainment deadlines associated with each classification are prescribed by the CAA and codified at 40 CFR 51.1103. In determining the deadline for the Moderate area SIP revisions, the EPA has discretion, per CAA section 182(i), to adjust the statutory deadline for submitting required SIP revisions for reclassified Moderate ozone nonattainment areas. CAA section 182(i) requires that reclassified areas meet the applicable plan submission requirements ‘‘according to the schedules prescribed in connection with such requirements, except that the Administrator may adjust any applicable deadlines (other than attainment dates) to the extent such adjustment is necessary or appropriate to assure consistency among the required submissions.’’ Under the Moderate area plan requirements of CAA section 182(b)(1) and 40 CFR 51.1108, states with ozone nonattainment areas classified as Moderate are provided 3 years (or 36 months) from the date of designation to submit a SIP revision complying with the Moderate ozone nonattainment plan requirements. For areas designated nonattainment for the 2008 ozone NAAQS and originally classified as Moderate, that deadline was July 20, 2015, a date that has already passed. The EPA, therefore, interprets CAA section 182(i) as providing the authority to adjust the applicable deadlines for the HGB area ‘‘as necessary or appropriate to assure consistency among the required submissions.’’ In determining a SIP submission deadline, we note that pursuant to 40 CFR 51.1108(d), for each nonattainment area the state must provide for implementation of all control measures needed for attainment no later than the beginning of the attainment year ozone season. The attainment year ozone season is the ozone season immediately preceding a nonattainment area’s attainment date, in this case it is the VerDate Sep<11>2014 16:56 Sep 26, 2016 Jkt 238001 2017 ozone season (40 CFR 51.1100(h)). The ozone season is the ozone monitoring season as defined in 40 CFR part 58, appendix D, section 4.1, table D–3. For the purpose of this HGB area reclassification, January 1st is the beginning of the ozone monitoring season. Therefore, the beginning of the Moderate attainment year ozone season for the HGB area is January 1, 2017. This date is also the latest date that would be compatible with the deadline for Moderate area reasonably available control technology (RACT) to be in place (i.e., begin no later than January 1 of the 5th year after the effective date of designation for the 2008 ozone NAAQS, which is, in this case, January 1, 2017).3 Also, January 1, 2017 is the SIP submission deadline the EPA established for all other Marginal nonattainment areas in the country that were recently reclassified to Moderate.4 Accordingly, the EPA proposes that the required SIP revisions be submitted by Texas no later than January 1, 2017. This deadline also calls for implementation of applicable controls no later than January 1, 2017. Texas must submit a Moderate Area SIP that addresses the CAA’s Moderate nonattainment area requirements as described in 40 CFR 51.1100. Those requirements include, (1) An attainment demonstration (CAA section 182(b) and 40 CFR 51.1108); (2) reasonable further progress (RFP) reductions in volatile organic compound (VOC) and nitrogen oxide (NOX) emissions (CAA sections 172 (c)(2) and 182(b)(1) and 40 CFR 51.1110); (3) provisions for reasonably available control technology (RACT) (CAA section 182(b)(2) and 40 CFR 51.1112(a)–(b)) and reasonably available control measures (RACM) (CAA section 172(c)(1) and 40 CFR 51.1112(c)); and (4) contingency measures to be implemented in the event of failure to meet a milestone or attain the standard (CAA 172(c)(9)); (5) a vehicle inspection and maintenance program (CAA section 181(b)(4) and 40 CFR 51.350); and (6) NOX and VOC emission offsets at a ratio of 1.15 to 1 for major source permits (CAA section 182(b)(5) and 40 CFR 51.165 (a)) See also the requirements for moderate ozone nonattainment areas set forth in CAA section 182(b) and the general nonattainment plan provisions required under CAA section 172(c). Should the State’s analysis find that the area will not meet the Moderate area attainment deadline of July 20, 2018, the State can seek a voluntary reclassification to a higher classification category, which would provide 3 See 4 See PO 00000 40 CFR 51.112(a)(3). 81 FR 26697, May 4, 2016. Frm 00044 Fmt 4702 Sfmt 4702 additional time for attainment. We believe that voluntary reclassification for areas that are not likely to attain by their attainment date is an appropriate action that will facilitate focus on developing the attainment plans required (80 FR 12264, 12268, March 6, 2015). A voluntary reclassification to the Serious classification would set an attainment deadline of July 20, 2021 (40 CFR 51.1103). III. Proposed Action In accordance with CAA 181(b)(2), we are proposing to determine that the HGB ozone nonattainment area failed to attain the 2008 ozone NAAQS by the applicable attainment deadline of July 20, 2016, and to reclassify the area as Moderate. We are also proposing that Texas must submit to us the SIP revisions to address the Moderate ozone nonattainment area requirements of the CAA by January 1, 2017. The EPA acknowledges that for the HGB area reclassified from Marginal to Moderate nonattainment, meeting the SIP submittal deadline of January 1, 2017 may be challenging. The EPA is working closely with TCEQ to support their SIP submittal in a timely manner. As discussed previously in section II of this notice, January 1, 2017 is a SIP submission deadline that is consistent for all Marginal nonattainment areas that are reclassified to Moderate for the 2008 ozone NAAQS, and is consistent with the timeframes in the CAA as codified in the EPA’s implementing regulations. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget for review. B. Paperwork Reduction Act (PRA) This proposed action does not impose an information collection burden under the PRA because it does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action merely proposes to determine that the HGB area failed to meet an ozone NAAQS attainment deadline, reclassify the area and set the date when a revised SIP is due to EPA. E:\FR\FM\27SEP1.SGM 27SEP1 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action does not apply on any Indian reservation land, any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, or non-reservation areas of Indian country. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it merely proposes to determine that the HGB area failed to meet an ozone NAAQS attainment deadline, reclassify the area and set the date when a revised SIP is due to EPA. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. VerDate Sep<11>2014 16:56 Sep 26, 2016 Jkt 238001 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action merely proposes to determine that the HGB area failed to meet an ozone NAAQS attainment deadline, reclassify the area and set the date when a revised SIP is due to EPA. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7401 et seq. Dated: September 21, 2016. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2016–23247 Filed 9–26–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 390 [Docket No. FMCSA–2012–0103] RIN 2126–AB90 Lease and Interchange of Vehicles; Motor Carriers of Passengers Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of meeting; request for comment. AGENCY: FMCSA announces it will hold a roundtable discussion on October 31, 2016, as a follow-up to its August 31, 2016, notice of intent concerning the petitions for reconsideration of the final rule, titled ‘‘Lease and Interchange of Vehicles; Motor Carriers of Passengers,’’ which published May 27, 2015. The meeting will be open to the public. Individuals with diverse experience, expertise, and perspectives are encouraged to attend. If all comments have been exhausted before the end of the session, the session may conclude early. SUMMARY: The roundtable discussion will be held on Monday, October 31, 2016, from 9:30 a.m. to 4:30 p.m., Eastern Time (ET) at the U.S. Department of Transportation, Media Center, 1200 New Jersey Avenue SE., Ground Floor, DATES: PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 66243 Washington, DC 20590. The entire proceedings will be public. ADDRESSES: You may submit comments bearing the Federal Docket Management System Docket ID (FMCSA–2012–0103) using any of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The online Federal document management system is available 24 hours each day, 365 days each year. If you would like acknowledgment that the Agency received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. The docket FMCSA–2016–0102 will remain open indefinitely. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Loretta G. Bitner, (202) 385–2428, loretta.bitner@dot.gov, Chief, Commercial Passenger Carrier Safety Division, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration. FMCSA office hours are from 8 a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays. E:\FR\FM\27SEP1.SGM 27SEP1

Agencies

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Proposed Rules]
[Pages 66240-66243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23247]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R06-OAR-2016-0275; FRL-9952-67-Region 6]


Determination of Nonattainment and Reclassification of the 
Houston-Galveston-Brazoria 2008 8-Hour Ozone Nonattainment Area; Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Houston-Galveston-Brazoria ozone nonattainment area 
(HGB area) failed to attain the 2008 8hour ozone national ambient air 
quality standards (NAAQS) by the applicable attainment deadline of July 
20, 2016, and thus is classified by operation of law as ``Moderate''. 
In this action, EPA is also proposing January 1, 2017 as the deadline 
by which Texas must submit to the EPA the State Implementation Plan 
(SIP) revisions that meet the CAA statutory and regulatory requirements 
that apply to 2008 ozone NAAQS nonattainment areas reclassified as 
Moderate.

DATES: Written comments must be received on or before October 27, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0275, at http://www.regulations.gov or via email to 
salem.nevine@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. Nevine Salem, (214) 
665-7222, salem.nevine@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://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: Ms. Nevine Salem, (214) 665-7222, 
salem.nevine@epa.gov.

[[Page 66241]]


SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    In 2008 we revised the 8-hour ozone primary and secondary NAAQS to 
a level of 0.075 parts per million (ppm) annual fourth-highest daily 
maximum 8-hour average concentration, averaged over three years to 
provide increased protection of public health and the environment (73 
FR 16436, March 27, 2008). The HGB area was classified as a 
``Marginal'' ozone nonattainment area for the 2008 8-hour ozone NAAQS 
and initially given an attainment date of no later than December 31, 
2015 (77 FR 30088, May 21, 2012). The HGB area consists of Brazoria, 
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller 
counties.
    On December 23, 2014, the D.C. Circuit issued a decision rejecting, 
among other things, our attainment deadlines for the 2008 ozone 
nonattainment areas, finding that we did not have statutory authority 
under the CAA to extend those deadlines to the end of the calendar 
year. NRDC v. EPA, 777 F.3d 456, 464-69 (D.C. Cir. 2014). Consistent 
with the court's decision we modified the attainment deadlines for all 
nonattainment areas for the 2008 ozone NAAQS, and set the attainment 
deadline for all 2008 ozone nonattainment areas, including the HGB area 
as July 20, 2015 (80 FR 12264, March 6, 2015). As the HGB area 
qualified for a 1-year extension of the attainment deadline we revised 
the attainment deadline to July 20, 2016 (81 FR 26697, May 4, 2016).
    Classifications for ozone nonattainment areas range from 
``Marginal'' (for areas with monitored ozone levels just exceeding the 
level of the NAAQS) to ``Extreme'' (for areas with monitored ozone 
levels well above the levels of the NAAQS). CAA section 182 stipulates 
the specific attainment planning and additional requirements that apply 
to each ozone nonattainment area based on its classification. CAA 
section 182, as interpreted by the EPA's implementation regulations at 
40 CFR 51.1108-1117, also establishes the timeframes by which air 
agencies must submit SIP revisions to address the applicable attainment 
planning elements, and the timeframes by which ozone nonattainment 
areas must attain the relevant NAAQS.
    CAA section 181(b)(2) requires us to (1) determine whether the HGB 
area attained the 2008 ozone NAAQS by the attainment deadline, (2) 
reclassify the HGB area if the attainment deadline is not met, and (3) 
publish a Federal Register notice within 6 months of the attainment 
deadline identifying the new classification if the area failed to 
attain by the attainment deadline. The determination of attainment is 
based on the area's ``design value'' (DV), which for the 8-hour ozone 
NAAQS is the highest 3-year average of the annual fourth highest daily 
maximum 8-hour average ozone concentration of all regulatory monitors 
in the area. The 2008 ozone NAAQS is met when the DV is less than or 
equal to 0.075 ppm based on complete, consecutive calendar years of 
certified, quality assured ambient air monitoring data (40 CFR 50.15; 
40 CFR 50, appendix P). A determination of attainment by the attainment 
deadline of July 20, 2016 is based on data from the consecutive 
calendar years of 2013-2015.

II. EPA Analysis

    Ozone air quality data from monitoring sites in the HGB area is 
presented in Table 1. This data has been quality assured and certified 
by the State of Texas. The data is available in the EPA Air Quality 
System (AQS) database and also in the electronic docket for this 
action. The Manvel monitoring site (48-039-1004) recorded the highest 
2013-2015 design value (0.080 ppm), which is also the DV for the area. 
Although the HGB air trends show overall progress in reducing ozone 
concentrations over the past 15 years, the HGB area is not eligible for 
an additional one-year attainment date extension \1\ because, at 0.078 
ppm, the average of the 2014 and 2015 \2\ annual fourth highest daily 
maximum eight-hour average ozone concentrations for the monitor in the 
area is greater than 0.075 ppm, the data for 2014-2015 indicates the 
area does not qualify for a second 1-year extension of the attainment 
deadline (40 CFR 51.1107).
---------------------------------------------------------------------------

    \1\ The area would be eligible for the second 1-year extension 
if the area's 4th highest daily maximum 8-hour value, averaged over 
both the original attainment year and the first extension year, is 
at or below 0.075 ppm.
    \2\ 2014 and 2015 are the last two full years of complete air 
quality data prior to the July 20, 2016, attainment date.

         Table 1--HGB Area Fourth Highest 8-Hour Ozone Concentrations and Design Values (ppm), 2013-2015
----------------------------------------------------------------------------------------------------------------
                                                          4th Highest daily maximum value
                Site name and No.                ------------------------------------------------  Design value
                                                       2013            2014            2015         (2013-2015)
----------------------------------------------------------------------------------------------------------------
Garth (48-201-1017).............................           0.061           0.067           0.077           0.068
Deer Park (48-201-1039).........................           0.069           0.063           0.077           0.069
Aldine (48-201-0024)............................           0.074           0.068           0.095           0.079
Clinton Drive (48-201-1035).....................           0.067           0.058           0.084           0.069
Croquet (48-201-0051)...........................           0.079           0.067           0.079           0.075
Monroe (48-201-0062)............................           0.074           0.065           0.073           0.070
NW Harris Co. (48-201-0029).....................           0.080           0.063           0.078           0.073
Westhollow (48-201-0066)........................           0.077           0.070           0.079           0.075
Lang (48-201-0047)..............................           0.079           0.064           0.091           0.078
Wayside (48-201-0046)...........................           0.070           0.062           0.078           0.070
Houston East (48-201-1034)......................           0.069           0.066           0.088           0.074
Bayland Park (48-201-0055)......................           0.081           0.067           0.080           0.076
Seabrook (48-201-1050)..........................           0.067           0.065           0.083           0.071
Channelview (48-201-0026).......................           0.061           0.064           0.081           0.068
Lynchburg (48-201-1015).........................           0.064           0.059           0.079           0.067
Park Place (48-201-0416)........................           0.079           0.066           0.087           0.077
Galveston (48-167-1034).........................           0.064           0.071           0.084           0.073
Conroe (48-339-0078)............................           0.075           0.072           0.073           0.073
Manvel (48-039-1004)............................           0.084           0.071           0.086           0.080
Lake Jackson (48-039-1016)......................           0.067           0.061           0.065           0.064
----------------------------------------------------------------------------------------------------------------


[[Page 66242]]

    CAA section 181(b)(2)(A) provides that a marginal nonattainment 
area shall be reclassified by operation of law upon a determination by 
the EPA that such area failed to attain the relevant NAAQS by the 
applicable attainment date. Based on quality-assured ozone monitoring 
data from 2013-2015, as shown in Table 1, the new classification 
applicable to the HGB area would be the next higher classification of 
``moderate'' under the CAA statutory scheme. Moderate nonattainment 
areas are required to attain the standard ``as expeditiously as 
practicable'' but no later than six years after the initial designation 
as nonattainment (which, in the case of the HGB area, is July 20, 
2018). The attainment deadlines associated with each classification are 
prescribed by the CAA and codified at 40 CFR 51.1103.
    In determining the deadline for the Moderate area SIP revisions, 
the EPA has discretion, per CAA section 182(i), to adjust the statutory 
deadline for submitting required SIP revisions for reclassified 
Moderate ozone nonattainment areas. CAA section 182(i) requires that 
reclassified areas meet the applicable plan submission requirements 
``according to the schedules prescribed in connection with such 
requirements, except that the Administrator may adjust any applicable 
deadlines (other than attainment dates) to the extent such adjustment 
is necessary or appropriate to assure consistency among the required 
submissions.'' Under the Moderate area plan requirements of CAA section 
182(b)(1) and 40 CFR 51.1108, states with ozone nonattainment areas 
classified as Moderate are provided 3 years (or 36 months) from the 
date of designation to submit a SIP revision complying with the 
Moderate ozone nonattainment plan requirements. For areas designated 
nonattainment for the 2008 ozone NAAQS and originally classified as 
Moderate, that deadline was July 20, 2015, a date that has already 
passed.
    The EPA, therefore, interprets CAA section 182(i) as providing the 
authority to adjust the applicable deadlines for the HGB area ``as 
necessary or appropriate to assure consistency among the required 
submissions.'' In determining a SIP submission deadline, we note that 
pursuant to 40 CFR 51.1108(d), for each nonattainment area the state 
must provide for implementation of all control measures needed for 
attainment no later than the beginning of the attainment year ozone 
season. The attainment year ozone season is the ozone season 
immediately preceding a nonattainment area's attainment date, in this 
case it is the 2017 ozone season (40 CFR 51.1100(h)). The ozone season 
is the ozone monitoring season as defined in 40 CFR part 58, appendix 
D, section 4.1, table D-3. For the purpose of this HGB area 
reclassification, January 1st is the beginning of the ozone monitoring 
season. Therefore, the beginning of the Moderate attainment year ozone 
season for the HGB area is January 1, 2017. This date is also the 
latest date that would be compatible with the deadline for Moderate 
area reasonably available control technology (RACT) to be in place 
(i.e., begin no later than January 1 of the 5th year after the 
effective date of designation for the 2008 ozone NAAQS, which is, in 
this case, January 1, 2017).\3\ Also, January 1, 2017 is the SIP 
submission deadline the EPA established for all other Marginal 
nonattainment areas in the country that were recently reclassified to 
Moderate.\4\
---------------------------------------------------------------------------

    \3\ See 40 CFR 51.112(a)(3).
    \4\ See 81 FR 26697, May 4, 2016.
---------------------------------------------------------------------------

    Accordingly, the EPA proposes that the required SIP revisions be 
submitted by Texas no later than January 1, 2017. This deadline also 
calls for implementation of applicable controls no later than January 
1, 2017. Texas must submit a Moderate Area SIP that addresses the CAA's 
Moderate nonattainment area requirements as described in 40 CFR 
51.1100. Those requirements include, (1) An attainment demonstration 
(CAA section 182(b) and 40 CFR 51.1108); (2) reasonable further 
progress (RFP) reductions in volatile organic compound (VOC) and 
nitrogen oxide (NOX) emissions (CAA sections 172 (c)(2) and 
182(b)(1) and 40 CFR 51.1110); (3) provisions for reasonably available 
control technology (RACT) (CAA section 182(b)(2) and 40 CFR 51.1112(a)-
(b)) and reasonably available control measures (RACM) (CAA section 
172(c)(1) and 40 CFR 51.1112(c)); and (4) contingency measures to be 
implemented in the event of failure to meet a milestone or attain the 
standard (CAA 172(c)(9)); (5) a vehicle inspection and maintenance 
program (CAA section 181(b)(4) and 40 CFR 51.350); and (6) 
NOX and VOC emission offsets at a ratio of 1.15 to 1 for 
major source permits (CAA section 182(b)(5) and 40 CFR 51.165 (a)) See 
also the requirements for moderate ozone nonattainment areas set forth 
in CAA section 182(b) and the general nonattainment plan provisions 
required under CAA section 172(c).
    Should the State's analysis find that the area will not meet the 
Moderate area attainment deadline of July 20, 2018, the State can seek 
a voluntary reclassification to a higher classification category, which 
would provide additional time for attainment. We believe that voluntary 
reclassification for areas that are not likely to attain by their 
attainment date is an appropriate action that will facilitate focus on 
developing the attainment plans required (80 FR 12264, 12268, March 6, 
2015). A voluntary reclassification to the Serious classification would 
set an attainment deadline of July 20, 2021 (40 CFR 51.1103).

III. Proposed Action

    In accordance with CAA 181(b)(2), we are proposing to determine 
that the HGB ozone nonattainment area failed to attain the 2008 ozone 
NAAQS by the applicable attainment deadline of July 20, 2016, and to 
reclassify the area as Moderate. We are also proposing that Texas must 
submit to us the SIP revisions to address the Moderate ozone 
nonattainment area requirements of the CAA by January 1, 2017.
    The EPA acknowledges that for the HGB area reclassified from 
Marginal to Moderate nonattainment, meeting the SIP submittal deadline 
of January 1, 2017 may be challenging. The EPA is working closely with 
TCEQ to support their SIP submittal in a timely manner. As discussed 
previously in section II of this notice, January 1, 2017 is a SIP 
submission deadline that is consistent for all Marginal nonattainment 
areas that are reclassified to Moderate for the 2008 ozone NAAQS, and 
is consistent with the timeframes in the CAA as codified in the EPA's 
implementing regulations.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget for 
review.

B. Paperwork Reduction Act (PRA)

    This proposed action does not impose an information collection 
burden under the PRA because it does not contain any information 
collection activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action merely proposes to determine that the HGB area failed to meet an 
ozone NAAQS attainment deadline, reclassify the area and set the date 
when a revised SIP is due to EPA.

[[Page 66243]]

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not apply on any Indian 
reservation land, any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, or non-reservation areas of 
Indian country. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it merely proposes to determine that the 
HGB area failed to meet an ozone NAAQS attainment deadline, reclassify 
the area and set the date when a revised SIP is due to EPA.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by 
this action will not have potential disproportionately high and adverse 
human health or environmental effects on minority, low-income or 
indigenous populations. This action merely proposes to determine that 
the HGB area failed to meet an ozone NAAQS attainment deadline, 
reclassify the area and set the date when a revised SIP is due to EPA.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: September 21, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-23247 Filed 9-26-16; 8:45 am]
 BILLING CODE 6560-50-P