Determination of Nonattainment and Reclassification of the Houston-Galveston-Brazoria 2008 8-Hour Ozone Nonattainment Area; Texas, 66240-66243 [2016-23247]
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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.
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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:
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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 https://
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
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: Ms.
Nevine Salem, (214) 665–7222,
salem.nevine@epa.gov.
SUMMARY:
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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
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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.
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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
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attainment year and the first extension year, is at
or below 0.075 ppm.
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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.
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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
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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
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40 CFR 51.112(a)(3).
81 FR 26697, May 4, 2016.
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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.
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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.
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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:
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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
https://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
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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.
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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 https://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 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: 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).
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\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
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[[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.
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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
