Air Plan Approval; Texas; Dallas-Fort Worth Area Redesignation and Maintenance Plan for Revoked Ozone National Ambient Air Quality Standards, 29471-29478 [2019-13126]
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Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Proposed Rules
EPA is taking public comments for 30
days following the publication of this
proposed action in the Federal Register.
We will take all comments into
consideration in our final action.
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VII. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA action regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the consent order between West Virginia
and Mountain State Carbon identified as
CO–SIP–C–2017–9, effective September
29, 2017, and Ohio rules OAC 3745–18–
03, 3745–18–04 (except for paragraphs
(D)(2), (D)(3), (D)(5), (D)(6), (D)(9)(c),
(E)(2), (E)(3), and (E)(4), and 3745–18–
47. EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and at the EPA
Regional Offices (please contact the
respective EPA Region 3 or 5 person
identified in the FOR FURTHER
INFORMATION CONTACT section of this
proposed rulemaking for more
information).
VIII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
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in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the proposed approval of
the SO2 attainment plan SIPs submitted
by Ohio and West Virginia is not
approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Reference, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 4, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
Dated: June 11, 2019.
Cathy Stepp,
Regional Administrator, Region V.
[FR Doc. 2019–13294 Filed 6–21–19; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2019–0213; FRL–9995–18–
Region 6]
Air Plan Approval; Texas; Dallas-Fort
Worth Area Redesignation and
Maintenance Plan for Revoked Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA
or Agency) is proposing to approve a
revision to the Texas State
Implementation Plan (SIP). The EPA is
proposing to determine that the DallasFort Worth (DFW) area is continuing to
attain the 1979 1-hour and 1997 8-hour
ozone National Ambient Air Quality
Standards (NAAQS or standard) and has
met the CAA criteria for redesignation.
Therefore, the EPA is proposing to
terminate all anti-backsliding
obligations for the DFW area for the 1hour and 1997 ozone NAAQS. The EPA
is also proposing to approve the plan for
maintaining the 1-hour and 1997 ozone
NAAQS through 2032 in the DFW area.
DATES: Written comments must be
received on or before July 24, 2019.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2019–0213, at https://
www.regulations.gov/ or via email to
todd.robert@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 Robert Todd, 214–665–2156,
todd.robert@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
SUMMARY:
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effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6 Office, 1201 Elm
Street, 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:
Robert Todd, EPA Region 6 Office,
Infrastructure & Ozone Section, 1201
Elm Street, Suite 500, Dallas, Texas
75270, 214–665–2156, todd.robert@
epa.gov. To inspect the hard copy
materials, please schedule an
appointment with Mr. Robert Todd or
Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
In 1979, under section 109 of the
CAA, the EPA established the primary
and secondary NAAQS for ozone at 0.12
parts per million (ppm) averaged over a
1-hour period (44 FR 8202, February 8,
1979).1 In 1997, we revised the primary
and secondary NAAQS for ozone to set
the acceptable level of ozone in the
ambient air at 0.08 ppm, averaged over
an 8-hour period (62 FR 38856, July 18,
1997).2 In 2008, we further revised the
primary and secondary ozone NAAQS
to 0.075 ppm, averaged over an 8-hour
period (73 FR 16436, March 27, 2008).3
For additional information on ozone,
please see the Technical Support
Document (TSD) in the docket for this
action and visit https://www.epa.gov/
ozone-pollution.
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Implementation of the 1-Hour and the
1997 8-Hour Ozone NAAQS
In 2004, we published a rule
governing implementation of the 1997
ozone NAAQS (Phase 1 Rule) (69 FR
23951, April 30, 2004). The Phase 1
Rule revoked the 1-hour ozone NAAQS
along with designations and
1 Primary standards are set to protect human
health while secondary standards are set to protect
public welfare. In addition, many reports of ozone
concentrations are given in parts per billion (ppb);
ppb = ppm × 1000. Thus, 0.12 ppm becomes 120
ppb or 124 ppb when rounding is considered.
2 The standard of 0.08 ppm becomes 0.084 ppm
or 84 ppb when rounding, based on the truncating
conventions in 40 CFR part 50, Appendix P.
3 In 2015, we again revised the primary and
secondary ozone NAAQS to 0.070 ppm, averaged
over an 8-hour period (73 FR 16436, March 27,
2008). This action does not address the DFW area
under the 2008 or 2015 ozone standards.
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maintain each standard for 10 years.
The effect of the redesignation
substitute was to terminate the antibacksliding obligations for the DFW area
to implement Serious nonattainment
area requirements for the revoked ozone
NAAQS (40 CFR 51.1100(o)).
On February 16, 2018, the D.C. Circuit
Court vacated certain parts of the 2015
final rule for implementing the 2008
ozone NAAQS, including the
redesignation substitute provision,
based on the court’s conclusion that
those provisions were not consistent
with CAA requirements. South Coast
Air Quality Management District v. EPA,
882 F.3d 1138 (D.C. Cir. 2018) (‘‘South
Coast II’’). In that decision, the Court
held that the redesignation substitute
tool was not consistent with CAA
requirements because it failed to satisfy
all five of the statutory requirements set
forth in CAA section 107(d)(3)(E), which
governs redesignations from
nonattainment to attainment. Id. at
1152.
classifications for that standard and set
anti-backsliding provisions for the
transition from the 1-hour to the 1997 8hour standard. Anti-backsliding
provisions provide for controls that are
not less stringent than the controls
applicable to areas that were listed as
nonattainment for the revoked ozone
standards when the standards and
designations were revoked.
In 2015, EPA revoked the 1997 ozone
NAAQS and established antibacksliding requirements for the
revoked 1997 ozone NAAQS, as well as
some revisions to the anti-backsliding
requirements for the revoked 1-hour
standard, in our final rule for
implementing the 2008 ozone NAAQS
(known as the ‘‘SIP Requirements Rule,’’
40 CFR 51.1100, and 80 FR 12264). EPA
considered the South Coast I decision
on the Phase 1 Rule in developing the
SIP Requirements Rule for the 2008 8hour ozone standard. The antibacksliding requirements for the
revoked 1-hour and 1997 ozone NAAQS
are listed in 40 CFR 51.1100(o).4
The SIP Requirements Rule provided
that an area will be subject to the antibacksliding obligations for a revoked
NAAQS until we approve (1) a
redesignation to attainment for the area
for the 2008 ozone NAAQS or (2) a
‘‘redesignation substitute’’ for a revoked
NAAQS, which required an area to
demonstrate that it had attained the
revoked NAAQS due to permanent and
enforceable measures and would
maintain that standard for ten years (40
CFR 51.1105(b)(1)). In the SIP
Requirements Rule, EPA had created the
redesignation substitute procedure
because it believed it did not have the
authority under the CAA to change the
designations of areas under a revoked
NAAQS but wanted a means to
terminate anti-backsliding requirements
for an area that would otherwise be
eligible for a redesignation had the
standard not been revoked. 80 FR at
12304–05. Though EPA created the
redesignation substitute based on the
CAA 107(d)(3)(E) redesignation criteria,
the procedure did not require states to
demonstrate satisfaction of all five
criteria. Texas submitted and EPA
approved redesignation substitute
demonstrations for the DFW area for
both the 1-hour ozone NAAQS and the
1997 8-hour ozone NAAQS (81 FR
78688, November 8, 2016), on the basis
that the area was attaining both
standards based on permanent and
enforceable emission reductions and
had demonstrated that the area would
The DFW Area’s Designations and
Classifications Under the 1-Hour Ozone
NAAQS and the 1997 8-Hour Ozone
NAAQS
Under the 1-hour ozone NAAQS, the
DFW area, consisting of Collin, Dallas,
Denton and Tarrant Counties, was
designated as nonattainment and
classified as Moderate with an
attainment deadline of November 15,
1996. 56 FR 56694, November 6, 1991.
On February 18, 1998, we published a
finding that the DFW area did not attain
the 1-hour ozone standard by its
applicable attainment date of November
15, 1996. See 63 FR 8128. As a result of
this finding, the DFW ozone
nonattainment area was reclassified by
operation of law as a Serious ozone
nonattainment area for the 1-hour
standard on March 20, 1998. 63 FR 8128
(February 18, 1998). This determination
of failure to attain by the DFW area’s
attainment date required the State to
submit an attainment demonstration SIP
with an attainment date of November
15, 1999, including measures to comply
with Federal CAA requirements for
Serious ozone nonattainment areas. On
October 16, 2008, EPA published a
determination of attainment that the
DFW 1-hour ozone nonattainment area
subsequently attained the 1-hour ozone
standard based upon certified ambient
air monitoring data. See 73 FR 61357.5
Under the 1997 8-hour ozone
NAAQS, the DFW area (consisting of the
same four core counties plus the five
4 Applicable requirements for the DFW area for
anti-backsliding purposes are listed in our TSD for
this proposal.
5 See the TSD to this proposal for a thorough
history of actions taken by the State and EPA to
bring the area into attainment.
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surrounding counties of Ellis, Johnson,
Kaufman, Parker and Rockwall) 6 was
designated as nonattainment and
classified as Moderate with an
attainment deadline of no later than
June 15, 2010 as set forth in the CAA for
Moderate nonattainment areas. (69 FR
23858 and 69 FR 23951 April 30, 2004).
The DFW area did not attain by the June
15, 2010 deadline and was reclassified
as Serious with an attainment deadline
of June 15, 2013. (75 FR 79302,
December 20, 2010). On September 1,
2015 EPA published a determination of
attainment that the DFW 1997 8-hour
ozone nonattainment area attained the
1997 8-hour ozone NAAQS based upon
complete, quality-assured and certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 ozone NAAQS for the 2012–2014
monitoring period. (80 FR 52630).
The Texas Redesignation and
Maintenance Plan Submittal
On March 27, 2019, the Texas
Commission on Environmental Quality
(TCEQ or State) adopted the DFW
Redesignation Request and Maintenance
Plan SIP Revision for the 1-hour and
1997 ozone NAAQS and submitted this
package to EPA on March 29, 2019. The
SIP revision includes a request that the
EPA redesignate the DFW area to
attainment for the 1-hour and 1997
ozone NAAQS and provides a
maintenance plan that will ensure the
area remains in attainment of these
NAAQS through 2032. This submittal
addresses all five criteria of CAA section
107(d)(3)(E). As stated in their
submittal, the TCEQ developed this
redesignation request and maintenance
plan SIP revision in order to address the
uncertainty created by the court’s South
Coast II ruling.
We note that the Agency has
previously taken the position that when
it revokes a NAAQS in full, all the
associated designations and
classifications under that NAAQS are
also revoked, see 69 FR 23951, 23969–
70 (April 30, 2004), and the Agency no
longer has the authority to change those
designations, 80 FR 12296–97, 12304–
05 (March 6, 2015). However, in the SIP
Requirements Rule, EPA stated that it
was retaining the listing of the
designated areas in 40 CFR part 81
under the revoked 1997 NAAQS ‘‘for
the sole purpose of identifying the antibacksliding requirements that may
apply to the areas at the time of
revocation.’’ 80 FR 12296–97 (emphasis
6 The nonattainment area for Dallas-Fort Worth
was expanded to encompass the original fourcounty area plus five surrounding counties during
the designation phase for the 8-hour ozone NAAQS.
See 69 FR 23858, April 30, 2004.
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added). The South Coast II court
decision did not address the Agency’s
interpretation that it lacks authority to
alter an area’s designation postrevocation of a NAAQS. The South
Coast II court decision did hold that
areas that were nonattainment for a
revoked standard at the time of
revocation could only terminate their
obligations under that standard by
demonstrating that they have met all
five of the statutory redesignation
criteria, and thus could not rely on the
redesignation substitute mechanism
included in the ozone implementation
rule at issue. 882 F.3d at 1152 (‘‘The
Clean Air Act unambiguously requires
nonattainment areas to satisfy all five of
the conditions under § 7407(d)(3)(E)
before they may shed controls
associated with their nonattainment
designation.’’).
While the Court did not address the
issue of EPA’s authority to alter
designations after a standard has been
revoked, it did speak to EPA’s
interpretation that we lacked authority
to change a nonattainment area’s
classification under a revoked ozone
NAAQS. The Court held that the EPA is
required to continue to reclassify to a
higher classification, or bump up, areas
under the revoked 1997 NAAQS that
fail to attain on time, because, in the
court’s view, such reclassification is an
anti-backsliding control. South Coast II,
882 F.3d at 1147–48. The Court’s
holding on this point could be
interpreted to call into question EPA’s
interpretation that when a NAAQS and
its associated designations and
classifications are revoked in full, it no
longer retains the authority to alter
those designations and classifications.
EPA is proposing to find that Texas’
submittal meets all five criteria in
section 107(d)(3)(E), as required by the
court, for the 1-hour and 1997 ozone
NAAQS. EPA is therefore proposing to
terminate the anti-backsliding
obligations for Serious area
requirements for the DFW area
associated with the 1-hour and the 1997
ozone NAAQS.
We are also taking comment on
whether EPA has the authority to alter
the area’s nonattainment area
designation post-revocation, if only to
fully clarify that such area has satisfied
all requirements with respect to that
revoked NAAQS. We therefore propose
in the alternative that if EPA has such
authority, the DFW area be redesignated
to attainment for the revoked 1-hour and
1997 ozone NAAQS. However,
regardless of whether designations can
be altered after revocation, it is clear
under South Coast II that EPA has the
authority to terminate an area’s anti-
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29473
backsliding obligations under a revoked
NAAQS for the area’s classification if
that area meets the section 107(d)(3)(E)
criteria.
If finalized, this action will replace
our previous approvals of DFW
redesignation substitutes for the 1-hour
and 1997 8-hour ozone NAAQS. It
should be noted that we are not
proposing to alter our previous
conclusions that the DFW area has
attained the 1-hour and 1997 8-hour
ozone NAAQS due to permanent and
enforceable emission reductions. Along
with taking comment on whether EPA
can alter an area’s nonattainment
designation, we are specifically taking
comment on whether as part of this
action, EPA has the authority to and
should revise the listings in Part 81 for
the DFW area for the 1-hour and 1997
ozone standards from nonattainment to
attainment in recognition that the area
meets the 107(d)(3)(E) criteria and it is
no longer necessary to identify the area
as one where anti-backsliding
obligations apply under these standards
for the Serious requirements. This
proposed action would have no effect
on the DFW area’s obligations with
respect to the 2008 or 2015 ozone
NAAQS. The area still must meet the
Moderate nonattainment area
requirements for the 2008 ozone
standard and implement controls that
are in the EPA approved SIP, and we
note that we have proposed to reclassify
the DFW area to Serious for the 2008
ozone standard. See 83 FR 56781
(November 14, 2018). On June 4, 2018,
the DFW area was designated as
Marginal nonattainment for the 2015
ozone NAAQS (83 FR 25776).
II. Redesignation Criteria for Ozone
Nonattainment Areas
As explained earlier in this action, we
are proposing to terminate the Serious
area classification’s anti-backsliding
obligations for the revoked standards or
redesignate the area to attainment for
the revoked standards, which would
also have the effect of terminating the
Serious area classification’s antibacksliding obligations, based on our
conclusion that the five criteria in CAA
section 107(d)(3)(E) are met. The CAA
requires the following criteria: (1) We
determine that the area has attained the
NAAQS; (2) we have fully approved the
applicable implementation plan for the
area under CAA section 110(k); (3) we
determine that the improvement in air
quality is due to permanent and
enforceable reductions in emissions
resulting from implementation of the
applicable implementation plan and
Federal air pollutant control regulations
and other permanent and enforceable
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reductions; (4) we have fully approved
a maintenance plan for the area as
meeting the requirements of CAA
section 175A; and (5) we determine the
State containing such area has met all
requirements applicable to the area
under CAA section 110 (Implementation
plans) and part D (Plan Requirements
for Nonattainment Areas).
Since Congress passed the CAA
Amendments in 1990, EPA has
consistently held the position that not
every requirement that an area is subject
to is applicable for purposes of
redesignation. See, e.g., September 4,
1992, Memorandum from John Calcagni
(‘‘Calcagni Memo’’) at 6.7 For example,
some of the Part D requirements, such
as demonstrations of reasonable further
progress, are designed to ensure that
nonattainment areas continue to make
progress toward attainment. EPA has
interpreted these requirements as not
‘‘applicable’’ for purposes of
redesignation under CAA section
107(d)(3)(E)(ii) and (v) because areas
that are applying for redesignation to
attainment are by definition already
attaining the standard. Id. Similarly,
EPA has long held that only those CAA
provisions that are relevant to an area’s
designation and classification as a
nonattainment area are ‘‘applicable’’ for
purposes of redesignation under CAA
section 107(d)(3)(E)(ii) and (v). For this
reason, SIP revisions that apply
regardless of whether an area is
designated nonattainment or attainment,
such as good neighbor plans required
under CAA section 110(a)(2)(D)(i)(I),
have not been considered ‘‘applicable’’
for purposes of redesignation. Finally,
some requirements may not be
applicable in this action given that both
the 1-hour and 1997 8-hour NAAQS at
issue in this notice were revoked for all
purposes, and, post-revocation, the
DFW area remained subject only to the
anti-backsliding requirements identified
by EPA in regulation. See 40 CFR
51.1105(a); 51.1100(o).
EPA’s Evaluation of the Redesignation
and Maintenance Plan Submittal
Below is the summary of our
evaluation. Detailed information on our
evaluation can be found in the TSD.
EPA normally evaluates these criteria as
the basis to redesignate an area to
attainment, therefore, EPA has here
conducted this analysis for purposes of
terminating the 1-hour and 1997 ozone
NAAQS anti-backsliding requirements
or in the alternative, for redesignation.
Has the area attained the 1-hour and
1997 8-hour ozone NAAQS and are the
improvements in air quality due to
permanent and enforceable reductions
in emissions? (criteria 1 and 3)
In prior actions we determined that
the DFW area attained the 1-hour ozone
NAAQS (73 FR 61357, October 16,
2008) and 1997 8-hour ozone NAAQS
(80 FR 52630, September 1, 2015).
Quality-assured ambient air quality data
found in the Air Quality System (AQS)
database shows that the DFW area
attained the 1-hour ozone NAAQS in
2006 and attained the 1997 ozone
NAAQS in 2014 (Table 1).8 We are
proposing to determine that the DFW
area is attaining the 1-hour and 1997 8hour ozone NAAQS.
TABLE 1—1-HOUR AND 1997 OZONE DESIGN VALUES FOR THE DFW AREA
1-hour ozone
design value
(ppb)
Years
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2011–2013
2012–2014
2013–2015
2014–2016
2015–2017
2016–2018
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
...............................................................................................................................................................
In a prior action we determined that
the improvement in air quality in the
DFW area is due to permanent and
enforceable reductions in emissions (81
FR 78688, November 8, 2016). Texas
identified State and Federal control
measures that led to permanent and
enforceable emission reductions. (See
the TSD for this proposal for a thorough
listing of the identified emission
reductions.) Additionally, we have
approved Reasonable Further Progress
SIPs for the DFW area that document
continuous emissions reductions due to
permanent and enforceable measures for
the 1-hour and 1997 8-hour ozone
standards (70 FR 15592, March 28,
2005, 73 FR 58475, October 7, 2008, and
79 FR 67068, November 12, 2014). We
propose that the DFW area has attained
the 1-hour and 1997 ozone NAAQS due
to permanent and enforceable emission
reductions.
7 ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992. To view
the memo, please visit https://www.epa.gov/sites/
production/files/2016–03/documents/calcagni_
memo_-_procedures_for_processing_requests_to_
redesignate_areas_to_attainment_090492.pdf.
8 For more information on AQS, please visit
https://www.epa.gov/aqs. Tables listing the DFW
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Is the applicable implementation plan
for the area fully approved and has the
area met all applicable requirements
under CAA section 110 and Part D?
(criteria 2 and 5)
We are proposing to find that the
DFW area has met all requirements
under CAA section 110 (Implementation
Plans and part D (Plan Requirements for
Nonattainment Areas) that are
applicable for purposes of redesignation
(CAA section 107(d)(3)(E)(v)), and that
those requirements have been fully
approved into the Texas SIP (CAA
section 107(d)(3)(E)(ii)).
110(a)(2) of the CAA contains the
general requirements for a SIP. Section
110(a)(2) provides that the SIP must
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108
102
102
101
101
101
1997 ozone
design value
(ppb)
87
81
83
80
79
76
have been adopted by the state after
reasonable public notice and hearing,
and that, among other things, it must:
(1) Include enforceable emission
limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; (2)
provide for establishment and operation
of appropriate devices, methods,
systems and procedures necessary to
monitor ambient air quality; (3) provide
for implementation of a source permit
program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
monitoring sites with the fourth high 8-hour ozone
average concentrations and design values and
expected exceedances of the 1-hour ozone NAAQS
are provided in the TSD for this rulemaking.
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measures, monitoring, and reporting; (6)
include provisions for air quality
modeling; and, (7) provide for public
planning and emission control rule
development.
Part D of the CAA establishes the plan
requirements for nonattainment areas.
Section 172(c) in subpart 1 of part D sets
forth the basic requirements of air
quality plans for states with
nonattainment areas that are required to
submit plans on a schedule pursuant to
CAA section 172(b). Subpart 2 of part D,
which includes section 182 of the CAA,
establishes specific requirements for
ozone nonattainment areas depending
on the areas’ nonattainment
classifications. The DFW area was
classified as Serious under the 1-hour
ozone NAAQS for the original fourcounty nonattainment area and Serious
under the 1997 ozone NAAQS for the
expanded nine-county nonattainment
area. As such, the area is subject to the
subpart 1 requirements contained in
CAA sections 172(c) and 176, as well as
the specific subpart 2 requirements of
CAA section 182(c). A thorough
discussion of the requirements
contained in CAA sections172(c) and
182(c) can be found in the General
Preamble for Implementation of Title I
(57 FR 13498, April 16, 1992).
As discussed previously, EPA has
consistently held the position that not
every requirement that an area is subject
to is applicable for purposes of
redesignation. However, for the revoked
ozone standards at issue here, over the
past three decades the State has
submitted numerous SIPs for the DFW
area in order to implement those
standards, improve air quality with
respect to those standards, and to
address anti-backsliding requirements
for those standards. Therefore, even
though some of the DFW area’s SIPapproved measures address
requirements that are not ‘‘applicable’’
for purposes of redesignation under
CAA section 107(d)(3)(E)(ii) and (v),
such as CAA section 182(b) reasonable
further progress, or address
requirements that were not retained for
anti-backsliding, such as section 182(a)
emissions inventories, we provide in the
accompanying TSD the list of SIPapproved measures the State has
adopted and EPA has approved for the
DFW area with respect to the revoked 1hour and 1997 8-hour ozone NAAQS.
These include: (1) Emissions
inventories, (2) emissions statements,
(3) nonattainment new source review
programs, (4) reasonably available
control technology for sources of both
VOC and NOX, (5) both basic and
enhanced vehicle inspection and
maintenance programs, (6) enhanced
ambient monitoring, (7) attainment and
reasonable further progress
demonstrations, (8) contingency
measures for failure to attain or make
reasonable further progress, and (9)
clean fuel vehicle programs.9 Texas also
submitted SIPs to address CAA section
110(a)(2) for the 1997 ozone NAAQS,
which we approved in prior actions.10
Does Texas have a fully approved ozone
maintenance plan for the DFW Area?
(criterion 4)
Section 107(d)(3)(E)(iv) of the CAA
requires EPA to determine that the area
has a fully approved maintenance plan
pursuant to CAA section 175A. Under
CAA section 175A, the maintenance
plan must demonstrate continued
attainment of the NAAQS for at least 10
years. To address the possibility of
future NAAQS violations, the
maintenance plan must contain
contingency measures, as EPA deems
necessary, to assure prompt correction
of any future NAAQS violation.
EPA’s interpretation of the elements
under CAA section 175A is contained in
the Calcagni Memo. Section
107(d)(3)(E)(iv) requires the
maintenance plan to be ‘‘fully
approved,’’ and the Calcagni Memo
provides that a state may submit the
redesignation request and maintenance
plan at the same time and rulemaking
on both may proceed on a parallel track.
The Calcagni Memo further provides
guidance on the content of a
maintenance plan, explaining that it
should address five requirements: (1)
An attainment emissions inventory; (2)
a maintenance demonstration; (3) an air
quality monitoring commitment; (4)
verification of continued attainment;
and (5) a contingency plan.
In conjunction with the redesignation
request submitted to EPA on April 4,
2019, TCEQ submitted a maintenance
plan to provide for the ongoing
attainment of the 1-hour and 1997 8hour ozone NAAQS for at least ten years
following the effective date of approval
of the SIP revision. Our evaluation of
the five requirements follows:
1. Attainment Inventory
The Texas submittal includes a 2014
base year emission inventory (EI) for
NOx and VOC. The TCEQ chose 2014 as
it is one of the three years used to
determine the design value for the 2014
attainment year (the year the area
attained both the 1-hour and 1997 ozone
NAAQS), consistent with the attainment
inventory criteria in the Calcagni Memo.
We propose to approve the 2014 base
year EI.
2. Maintenance Demonstration
Texas has demonstrated maintenance
of the 1-hour and 1997 ozone NAAQS
through 2032 by providing EI
projections from 2014 through 2032 that
show emissions of NOX and VOC for the
DFW area remain at or below the
attainment year (2014) emission levels.
A maintenance demonstration need not
be based on modeling.11 The future year
Texas EIs presented are 2020, 2026, and
2032: 2032 is more than 10 years after
the expected effective date of this action
and 2020 and 2026 show emissions
between the attainment year and final
maintenance year. To generate the
future year EIs, Texas estimated the
amount of growth that will occur
between 2014 and the end of 2020,
2026, and 2032. Generally, the State
followed our guidelines in estimating
the growth in emissions. Tables 2
through 7 show the 2014 base year EI
and the projected emissions for the
years 2020, 2026 and 2032 in tons per
day (tpd).
TABLE 2—CHANGE IN NOX EMISSIONS FROM 2014 THROUGH 2032 FOR THE FOUR-COUNTY ONE-HOUR OZONE DFW
NONATTAINMENT AREA
[Tpd]
jbell on DSK3GLQ082PROD with PROPOSALS
Year
Source category
2014
Point .................................................................................................................
9 The requirements can be found in CAA sections
182(a) through 182(c).
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2020
6.29
10 Approval of the section 110(a)(2) Infrastructure
SIP for the 1997 ozone standard for Texas is not
required for purposes of redesignation.
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2026
6.98
2032
6.98
6.98
11 See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099–53100 (October 19,
2001), 68 FR 25413, 25430–25432 (May 12, 2003).
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TABLE 2—CHANGE IN NOX EMISSIONS FROM 2014 THROUGH 2032 FOR THE FOUR-COUNTY ONE-HOUR OZONE DFW
NONATTAINMENT AREA—Continued
[Tpd]
Year
Source category
2014
Area .................................................................................................................
On-road ............................................................................................................
Non-road ..........................................................................................................
Annual Totals ............................................................................................
2020
32.05
148.44
70.98
257.76
2026
31.67
70.06
53.19
161.90
2032
31.81
44.51
45.62
128.92
32.65
32.17
43.61
115.41
TABLE 3—CHANGE IN NOX EMISSIONS FROM 2014 THROUGH 2032 FOR THE NINE-COUNTY 1997 8-HOUR OZONE DFW
NONATTAINMENT AREA
[Tpd]
Year
Source category
2014
Point .................................................................................................................
Area .................................................................................................................
On-road ............................................................................................................
Non-road ..........................................................................................................
Annual Totals ............................................................................................
2020
27.05
37.43
184.33
84.58
333.39
2026
34.82
36.44
89.68
61.84
222.78
2032
34.82
36.14
57.97
51.99
180.92
34.82
37.07
42.94
48.89
163.72
TABLE 4—CHANGE IN VOC EMISSIONS FROM 2014 THROUGH 2032 FOR THE FOUR-COUNTY ONE-HOUR OZONE DFW
NONATTAINMENT DFW AREA
[Tpd]
Year
Source category
2014
Point .................................................................................................................
Area .................................................................................................................
On-road ............................................................................................................
Non-road ..........................................................................................................
Annual Totals ............................................................................................
2020
12.21
223.36
69.69
35.60
340.86
2026
12.21
243.11
44.66
30.24
330.22
2032
12.21
245.12
34.81
30.50
322.64
12.21
263.69
25.46
32.21
333.57
TABLE 5—CHANGE IN VOC EMISSIONS FROM 2014 THROUGH 2032 FOR THE NINE-COUNTY 1997 8-HOUR OZONE DFW
NONATTAINMENT AREA
[Tpd]
Year
Source category
2014
Point .................................................................................................................
Area .................................................................................................................
On-road ............................................................................................................
Non-road ..........................................................................................................
Annual Totals ............................................................................................
We note that the projections for the
on-road mobile source inventory for
2020
22.12
268.71
80.47
40.31
411.61
2032, which TCEQ submitted as motor
vehicle emissions budgets, are
22.12
289.00
51.62
33.85
396.59
2026
2032
22.12
283.06
40.17
33.87
379.22
22.12
303.71
29.51
35.61
390.95
consistent with maintenance of the 1hour and 1997 NAAQS.
jbell on DSK3GLQ082PROD with PROPOSALS
TABLE 6—MAINTENANCE DEMONSTRATION FOR THE FOUR-COUNTY DFW 1-HOUR OZONE NAAQS AREA 12
NOX
(tpd)
Description
a. 2014 Emissions Inventories (from Tables 2 and 4) ............................................................................................
b. 2032 Emissions Inventories (from Tables 2 and 4) ............................................................................................
c. Change in EI from 2014 to 2032 (line b minus line a) ........................................................................................
d. Percent change in EI from 2014 to 2032 ............................................................................................................
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257.76
115.41
¥142.35
¥55.23%
VOC
(tpd)
340.86
333.57
¥7.29
¥2.14%
Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Proposed Rules
29477
TABLE 7—MAINTENANCE DEMONSTRATION FOR THE NINE-COUNTY DFW 1997 OZONE NAAQS AREA
NOX
(tpd)
Description
jbell on DSK3GLQ082PROD with PROPOSALS
a. 2014 Emissions Inventories (from Tables 3 and 5) ............................................................................................
b. 2032 Emissions Inventories (from Tables 3 and 5) ............................................................................................
c. Change in EI from 2014 to 2032 (line b minus line a) ........................................................................................
d. Percent change in EI from 2014 to 2032 ............................................................................................................
For the four-county DFW 1-hour
ozone NAAQS area, NOX emissions are
projected to decrease by approximately
142 tpd by 2032, which is about 55
percent less than the 2014 NOX
emission levels. Also, VOC emissions
are projected to decrease by
approximately 7 tpd by 2032, which is
about 2 percent lower than the 2014
VOC emission levels for the same area.
For the nine-county DFW 1997 ozone
NAAQS area emissions of NOX are
projected to decrease by approximately
170 tpd by 2032, which is about 51
percent less than the 2014 NOX
emission levels. VOC emissions for the
nine-county area are projected to
decrease by 21 tpd, which is about a 5
percent decrease between 2032 and
2014. Because the projected emissions
of NOX and VOC will decrease between
2032 and 2014, we propose that the
TCEQ has demonstrated maintenance of
the 1-hour and 1997 ozone NAAQS
through 2032.
monitoring ozone levels according to an
EPA-approved monitoring plan. Should
changes in the location of an ozone
monitor become necessary, TCEQ will
work with EPA to ensure the adequacy
of the monitoring network. The TCEQ
has further committed to continue to
quality assure the monitoring data to
meet the requirements of 40 CFR part 58
and enter all data into AQS in
accordance with Federal guidelines.
In addition, to track future levels of
emissions, TCEQ will continue to
develop and submit to EPA updated EIs
for all source categories at least once
every three years, consistent with the
requirements of 40 CFR part 51, subpart
A, and in 40 CFR 51.122. The most
recent triennial inventory for Texas was
compiled for 2014. Point source
facilities covered by the Texas emission
statement rule will continue to submit
VOC and NOX emissions on an annual
basis as required by 30 TAC Chapter
101.10(d).
3. Monitoring Network
The TCEQ has committed to continue
to maintain an air monitoring network
to meet regulatory requirements in the
DFW area to ensure maintenance of the
1-hour and 1997 ozone standards. Texas
has committed to meet monitoring
requirements and continue to quality
assure monitoring data in accordance
with 40 CFR part 58, and to enter all
data into AQS in accordance with
Federal guidelines through the end of
the maintenance period in 2032.
5. Contingency Plan
Section 175A of the CAA requires that
the state must adopt a maintenance
plan, as a SIP revision, that includes
such contingency measures as EPA
deems necessary to assure that the state
will promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; and a
time limit for action by the state. The
state should also identify specific
indicators to be used to determine when
the contingency measures need to be
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by CAA section 175A,
Texas has proposed a contingency plan
for the DFW area to address future
violations of the 1-hour and/or 1997
4. Verification of Continued Attainment
The TCEQ has the legal authority to
enforce and implement the
requirements of the maintenance plan
for the DFW area. This includes the
authority to adopt, implement, and
enforce any subsequent emission
control measures determined as
necessary to correct any future failure to
maintain the 1-hour and 1997 ozone
NAAQS.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
and the periodic update of the area’s EI.
The TCEQ has committed to continue
12 See our TSD for more detail on the State’s
submitted maintenance demonstration.
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333.39
163.72
¥169.67
¥50.89%
VOC
(tpd)
411.61
390.95
¥20.66
¥5.02%
ozone NAAQS. The contingency
measures proposed by the TCEQ
include, but are not limited to, the
following:
• Limit VOC emissions from dryers,
filtration systems, and fugitive
emissions from petroleum dry cleaning
facilities by extending control
requirements to Ellis, Johnson,
Kaufman, Parker and Rockwall
Counties.
• Decrease in the rule threshold
triggering applicability to requirements,
such as control and inspection
requirements, for controlling flash
emissions from fixed roof crude oil and
condensate storage tanks.
• Require the application of low
solar-absorptance paint to VOC storage
tanks.
• Implement enhanced leak detection
and repair program measures.
• Decrease the rule threshold
triggering applicability to requirements
for storage tanks, transport vessels, and
marine vessels.
• Extend control VOC emission from
degassing of storage tanks or transport
vessels in Ellis, Johnson, Kaufman,
Parker and Rockwall Counties.
• Regulate pneumatic controllers
used in oil and natural gas production,
transmission of oil and natural gas, and
natural gas processing.
• Extend requirement to install gas
collection and control system on
municipal solid waste landfills in Ellis,
Johnson, Kaufman, Parker and Rockwall
Counties.
• Limit VOC emission from each
bakery with a bakery over vent gas
stream in Collin, Dallas, Denton, and
Tarrant Counties with 25 to 50 tons per
year of VOC emissions.
The maintenance plan provides that a
monitored and certified violation of the
NAAQS triggers the requirement to
consider, adopt, and implement the
plan’s contingency measures. The
schedule and procedure for adoption
and implementation by the State is no
longer than 18 months following a
monitored and certified violation of the
NAAQS. Given the estimated emissions
in the DFW nonattainment area, we
believe the proposed contingency
measures are sufficient to address any
potential future violations.
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EPA is proposing that the TCEQ’s
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. Thus, the
maintenance plan SIP revision proposed
by the TCEQ meets the requirements of
CAA section 175A and EPA proposes to
approve it as a revision to the Texas SIP.
jbell on DSK3GLQ082PROD with PROPOSALS
III. Motor Vehicle Emissions Budgets
The DFW maintenance plan
submission includes motor vehicle
emissions budgets (MVEBs) for the last
year of the maintenance plan (in this
case 2032). MVEBs are used to conduct
regional emissions analyses for
transportation conformity purposes. See
40 CFR 93.118. The MVEB is the portion
of the total allowable emissions in the
maintenance demonstration that is
allocated to highway and transit vehicle
use and emissions. See 40 CFR 93.101.
As part of the interagency consultation
process on setting MVEBs, TCEQ held
discussions to determine what years to
set MVEBs for the DFW area
maintenance plan.
We note the DFW area already has
adequate NOX and VOC MVEBs for the
2008 ozone NAAQS (81 FR 88124,
December 7, 2016). Therefore, the DFW
area can continue to make conformity
determinations for transportation plans,
transportation improvement programs,
and projects based on budgets for the
2008 ozone NAAQS as it has been
doing, according to the requirements of
the transportation conformity
regulations at 40 CFR part 93.13 The
DFW area currently demonstrates
conformity to the 2008 and 2015 ozone
NAAQS using MVEBs contained in the
area’s 2008 ozone NAAQS Reasonable
Further Progress SIP revision (81 FR
88124). Therefore, EPA is not proposing
to approve the submitted 2032 NOx and
VOC MVEBs for transportation
conformity purposes. As noted above,
EPA is proposing to find that the
projected emissions inventory which
reflects these budgets are consistent
with maintenance of the 1-hour and 8hour standard.
IV. Proposed Action
We are proposing to determine that
the DFW area is continuing to attain the
1-hour and 1997 8-hour ozone NAAQS,
and that Texas has met the CAA criteria
13 Transportation Conformity Guidance for the
South Coast II Court Decision, EPA–420–B–18–050.
November 2018, available on EPA’s web page at
https://www.epa.gov/state-and-localtransportation/policy-and-technical-guidance-stateand-local-transportation.
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for redesignation of this area. Therefore,
the EPA is proposing to terminate all the
Serious area classification’s antibacksliding obligations for the DFW area
for the 1-hour and 1997 ozone NAAQS.
We are also proposing to approve the
plan for maintaining the 1-hour and
1997 ozone NAAQS through 2032 in the
DFW area.
V. Statutory and Executive Order
Reviews
The actions in this proposal terminate
statutory and regulatory requirements
associated with prior federal revoked
ozone standards and do not impose any
additional regulatory requirements on
sources beyond those imposed by state
law. Therefore, this action does not in
and of itself create any new
requirements. Moreover, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. For that reason,
these actions:
• Are not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because they are not
‘‘significant regulatory actions’’ under
Executive Order 12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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Sfmt 4702
application of those requirements would
be inconsistent with the CAA; and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone.
40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 14, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019–13126 Filed 6–21–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 17–59, WC Docket No. 17–
97; FCC 19–51]
Advanced Methods To Target and
Eliminate Unlawful Robocalls, Call
Authentication Trust Anchor
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document the Federal
Communications Commission (FCC or
Commission) invites comments on
proposed revisions to its rules
implementing the Telephone Consumer
Protection Act and seeks comment on
issues pertaining to the implementation
of SHAKEN/STIR. The Commission
proposes: A safe harbor for call-blocking
programs targeting unauthenticated
calls, which may be potentially spoofed;
safeguards to ensure that the most
important calls are not blocked; and to
require voice service providers to
SUMMARY:
E:\FR\FM\24JNP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Proposed Rules]
[Pages 29471-29478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13126]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2019-0213; FRL-9995-18-Region 6]
Air Plan Approval; Texas; Dallas-Fort Worth Area Redesignation
and Maintenance Plan for Revoked Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA or Agency) is proposing to approve
a revision to the Texas State Implementation Plan (SIP). The EPA is
proposing to determine that the Dallas-Fort Worth (DFW) area is
continuing to attain the 1979 1-hour and 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS or standard) and has met the CAA
criteria for redesignation. Therefore, the EPA is proposing to
terminate all anti-backsliding obligations for the DFW area for the 1-
hour and 1997 ozone NAAQS. The EPA is also proposing to approve the
plan for maintaining the 1-hour and 1997 ozone NAAQS through 2032 in
the DFW area.
DATES: Written comments must be received on or before July 24, 2019.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2019-0213, at https://www.regulations.gov/ or via email to
[email protected]. 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 Robert Todd, 214-665-
2156, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making
[[Page 29472]]
effective comments, please visit https://www.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 the EPA
Region 6 Office, 1201 Elm Street, 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: Robert Todd, EPA Region 6 Office,
Infrastructure & Ozone Section, 1201 Elm Street, Suite 500, Dallas,
Texas 75270, 214-665-2156, [email protected]. To inspect the hard
copy materials, please schedule an appointment with Mr. Robert Todd or
Mr. Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
In 1979, under section 109 of the CAA, the EPA established the
primary and secondary NAAQS for ozone at 0.12 parts per million (ppm)
averaged over a 1-hour period (44 FR 8202, February 8, 1979).\1\ In
1997, we revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period (62 FR 38856, July 18, 1997).\2\ In 2008, we further
revised the primary and secondary ozone NAAQS to 0.075 ppm, averaged
over an 8-hour period (73 FR 16436, March 27, 2008).\3\ For additional
information on ozone, please see the Technical Support Document (TSD)
in the docket for this action and visit https://www.epa.gov/ozone-pollution.
---------------------------------------------------------------------------
\1\ Primary standards are set to protect human health while
secondary standards are set to protect public welfare. In addition,
many reports of ozone concentrations are given in parts per billion
(ppb); ppb = ppm x 1000. Thus, 0.12 ppm becomes 120 ppb or 124 ppb
when rounding is considered.
\2\ The standard of 0.08 ppm becomes 0.084 ppm or 84 ppb when
rounding, based on the truncating conventions in 40 CFR part 50,
Appendix P.
\3\ In 2015, we again revised the primary and secondary ozone
NAAQS to 0.070 ppm, averaged over an 8-hour period (73 FR 16436,
March 27, 2008). This action does not address the DFW area under the
2008 or 2015 ozone standards.
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Implementation of the 1-Hour and the 1997 8-Hour Ozone NAAQS
In 2004, we published a rule governing implementation of the 1997
ozone NAAQS (Phase 1 Rule) (69 FR 23951, April 30, 2004). The Phase 1
Rule revoked the 1-hour ozone NAAQS along with designations and
classifications for that standard and set anti-backsliding provisions
for the transition from the 1-hour to the 1997 8-hour standard. Anti-
backsliding provisions provide for controls that are not less stringent
than the controls applicable to areas that were listed as nonattainment
for the revoked ozone standards when the standards and designations
were revoked.
In 2015, EPA revoked the 1997 ozone NAAQS and established anti-
backsliding requirements for the revoked 1997 ozone NAAQS, as well as
some revisions to the anti-backsliding requirements for the revoked 1-
hour standard, in our final rule for implementing the 2008 ozone NAAQS
(known as the ``SIP Requirements Rule,'' 40 CFR 51.1100, and 80 FR
12264). EPA considered the South Coast I decision on the Phase 1 Rule
in developing the SIP Requirements Rule for the 2008 8-hour ozone
standard. The anti-backsliding requirements for the revoked 1-hour and
1997 ozone NAAQS are listed in 40 CFR 51.1100(o).\4\
---------------------------------------------------------------------------
\4\ Applicable requirements for the DFW area for anti-
backsliding purposes are listed in our TSD for this proposal.
---------------------------------------------------------------------------
The SIP Requirements Rule provided that an area will be subject to
the anti-backsliding obligations for a revoked NAAQS until we approve
(1) a redesignation to attainment for the area for the 2008 ozone NAAQS
or (2) a ``redesignation substitute'' for a revoked NAAQS, which
required an area to demonstrate that it had attained the revoked NAAQS
due to permanent and enforceable measures and would maintain that
standard for ten years (40 CFR 51.1105(b)(1)). In the SIP Requirements
Rule, EPA had created the redesignation substitute procedure because it
believed it did not have the authority under the CAA to change the
designations of areas under a revoked NAAQS but wanted a means to
terminate anti-backsliding requirements for an area that would
otherwise be eligible for a redesignation had the standard not been
revoked. 80 FR at 12304-05. Though EPA created the redesignation
substitute based on the CAA 107(d)(3)(E) redesignation criteria, the
procedure did not require states to demonstrate satisfaction of all
five criteria. Texas submitted and EPA approved redesignation
substitute demonstrations for the DFW area for both the 1-hour ozone
NAAQS and the 1997 8-hour ozone NAAQS (81 FR 78688, November 8, 2016),
on the basis that the area was attaining both standards based on
permanent and enforceable emission reductions and had demonstrated that
the area would maintain each standard for 10 years. The effect of the
redesignation substitute was to terminate the anti-backsliding
obligations for the DFW area to implement Serious nonattainment area
requirements for the revoked ozone NAAQS (40 CFR 51.1100(o)).
On February 16, 2018, the D.C. Circuit Court vacated certain parts
of the 2015 final rule for implementing the 2008 ozone NAAQS, including
the redesignation substitute provision, based on the court's conclusion
that those provisions were not consistent with CAA requirements. South
Coast Air Quality Management District v. EPA, 882 F.3d 1138 (D.C. Cir.
2018) (``South Coast II''). In that decision, the Court held that the
redesignation substitute tool was not consistent with CAA requirements
because it failed to satisfy all five of the statutory requirements set
forth in CAA section 107(d)(3)(E), which governs redesignations from
nonattainment to attainment. Id. at 1152.
The DFW Area's Designations and Classifications Under the 1-Hour Ozone
NAAQS and the 1997 8-Hour Ozone NAAQS
Under the 1-hour ozone NAAQS, the DFW area, consisting of Collin,
Dallas, Denton and Tarrant Counties, was designated as nonattainment
and classified as Moderate with an attainment deadline of November 15,
1996. 56 FR 56694, November 6, 1991. On February 18, 1998, we published
a finding that the DFW area did not attain the 1-hour ozone standard by
its applicable attainment date of November 15, 1996. See 63 FR 8128. As
a result of this finding, the DFW ozone nonattainment area was
reclassified by operation of law as a Serious ozone nonattainment area
for the 1-hour standard on March 20, 1998. 63 FR 8128 (February 18,
1998). This determination of failure to attain by the DFW area's
attainment date required the State to submit an attainment
demonstration SIP with an attainment date of November 15, 1999,
including measures to comply with Federal CAA requirements for Serious
ozone nonattainment areas. On October 16, 2008, EPA published a
determination of attainment that the DFW 1-hour ozone nonattainment
area subsequently attained the 1-hour ozone standard based upon
certified ambient air monitoring data. See 73 FR 61357.\5\
---------------------------------------------------------------------------
\5\ See the TSD to this proposal for a thorough history of
actions taken by the State and EPA to bring the area into
attainment.
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Under the 1997 8-hour ozone NAAQS, the DFW area (consisting of the
same four core counties plus the five
[[Page 29473]]
surrounding counties of Ellis, Johnson, Kaufman, Parker and Rockwall)
\6\ was designated as nonattainment and classified as Moderate with an
attainment deadline of no later than June 15, 2010 as set forth in the
CAA for Moderate nonattainment areas. (69 FR 23858 and 69 FR 23951
April 30, 2004). The DFW area did not attain by the June 15, 2010
deadline and was reclassified as Serious with an attainment deadline of
June 15, 2013. (75 FR 79302, December 20, 2010). On September 1, 2015
EPA published a determination of attainment that the DFW 1997 8-hour
ozone nonattainment area attained the 1997 8-hour ozone NAAQS based
upon complete, quality-assured and certified ambient air monitoring
data that show the area has monitored attainment of the 1997 ozone
NAAQS for the 2012-2014 monitoring period. (80 FR 52630).
---------------------------------------------------------------------------
\6\ The nonattainment area for Dallas-Fort Worth was expanded to
encompass the original four-county area plus five surrounding
counties during the designation phase for the 8-hour ozone NAAQS.
See 69 FR 23858, April 30, 2004.
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The Texas Redesignation and Maintenance Plan Submittal
On March 27, 2019, the Texas Commission on Environmental Quality
(TCEQ or State) adopted the DFW Redesignation Request and Maintenance
Plan SIP Revision for the 1-hour and 1997 ozone NAAQS and submitted
this package to EPA on March 29, 2019. The SIP revision includes a
request that the EPA redesignate the DFW area to attainment for the 1-
hour and 1997 ozone NAAQS and provides a maintenance plan that will
ensure the area remains in attainment of these NAAQS through 2032. This
submittal addresses all five criteria of CAA section 107(d)(3)(E). As
stated in their submittal, the TCEQ developed this redesignation
request and maintenance plan SIP revision in order to address the
uncertainty created by the court's South Coast II ruling.
We note that the Agency has previously taken the position that when
it revokes a NAAQS in full, all the associated designations and
classifications under that NAAQS are also revoked, see 69 FR 23951,
23969-70 (April 30, 2004), and the Agency no longer has the authority
to change those designations, 80 FR 12296-97, 12304-05 (March 6, 2015).
However, in the SIP Requirements Rule, EPA stated that it was retaining
the listing of the designated areas in 40 CFR part 81 under the revoked
1997 NAAQS ``for the sole purpose of identifying the anti-backsliding
requirements that may apply to the areas at the time of revocation.''
80 FR 12296-97 (emphasis added). The South Coast II court decision did
not address the Agency's interpretation that it lacks authority to
alter an area's designation post-revocation of a NAAQS. The South Coast
II court decision did hold that areas that were nonattainment for a
revoked standard at the time of revocation could only terminate their
obligations under that standard by demonstrating that they have met all
five of the statutory redesignation criteria, and thus could not rely
on the redesignation substitute mechanism included in the ozone
implementation rule at issue. 882 F.3d at 1152 (``The Clean Air Act
unambiguously requires nonattainment areas to satisfy all five of the
conditions under Sec. 7407(d)(3)(E) before they may shed controls
associated with their nonattainment designation.'').
While the Court did not address the issue of EPA's authority to
alter designations after a standard has been revoked, it did speak to
EPA's interpretation that we lacked authority to change a nonattainment
area's classification under a revoked ozone NAAQS. The Court held that
the EPA is required to continue to reclassify to a higher
classification, or bump up, areas under the revoked 1997 NAAQS that
fail to attain on time, because, in the court's view, such
reclassification is an anti-backsliding control. South Coast II, 882
F.3d at 1147-48. The Court's holding on this point could be interpreted
to call into question EPA's interpretation that when a NAAQS and its
associated designations and classifications are revoked in full, it no
longer retains the authority to alter those designations and
classifications.
EPA is proposing to find that Texas' submittal meets all five
criteria in section 107(d)(3)(E), as required by the court, for the 1-
hour and 1997 ozone NAAQS. EPA is therefore proposing to terminate the
anti-backsliding obligations for Serious area requirements for the DFW
area associated with the 1-hour and the 1997 ozone NAAQS.
We are also taking comment on whether EPA has the authority to
alter the area's nonattainment area designation post-revocation, if
only to fully clarify that such area has satisfied all requirements
with respect to that revoked NAAQS. We therefore propose in the
alternative that if EPA has such authority, the DFW area be
redesignated to attainment for the revoked 1-hour and 1997 ozone NAAQS.
However, regardless of whether designations can be altered after
revocation, it is clear under South Coast II that EPA has the authority
to terminate an area's anti-backsliding obligations under a revoked
NAAQS for the area's classification if that area meets the section
107(d)(3)(E) criteria.
If finalized, this action will replace our previous approvals of
DFW redesignation substitutes for the 1-hour and 1997 8-hour ozone
NAAQS. It should be noted that we are not proposing to alter our
previous conclusions that the DFW area has attained the 1-hour and 1997
8-hour ozone NAAQS due to permanent and enforceable emission
reductions. Along with taking comment on whether EPA can alter an
area's nonattainment designation, we are specifically taking comment on
whether as part of this action, EPA has the authority to and should
revise the listings in Part 81 for the DFW area for the 1-hour and 1997
ozone standards from nonattainment to attainment in recognition that
the area meets the 107(d)(3)(E) criteria and it is no longer necessary
to identify the area as one where anti-backsliding obligations apply
under these standards for the Serious requirements. This proposed
action would have no effect on the DFW area's obligations with respect
to the 2008 or 2015 ozone NAAQS. The area still must meet the Moderate
nonattainment area requirements for the 2008 ozone standard and
implement controls that are in the EPA approved SIP, and we note that
we have proposed to reclassify the DFW area to Serious for the 2008
ozone standard. See 83 FR 56781 (November 14, 2018). On June 4, 2018,
the DFW area was designated as Marginal nonattainment for the 2015
ozone NAAQS (83 FR 25776).
II. Redesignation Criteria for Ozone Nonattainment Areas
As explained earlier in this action, we are proposing to terminate
the Serious area classification's anti-backsliding obligations for the
revoked standards or redesignate the area to attainment for the revoked
standards, which would also have the effect of terminating the Serious
area classification's anti-backsliding obligations, based on our
conclusion that the five criteria in CAA section 107(d)(3)(E) are met.
The CAA requires the following criteria: (1) We determine that the area
has attained the NAAQS; (2) we have fully approved the applicable
implementation plan for the area under CAA section 110(k); (3) we
determine that the improvement in air quality is due to permanent and
enforceable reductions in emissions resulting from implementation of
the applicable implementation plan and Federal air pollutant control
regulations and other permanent and enforceable
[[Page 29474]]
reductions; (4) we have fully approved a maintenance plan for the area
as meeting the requirements of CAA section 175A; and (5) we determine
the State containing such area has met all requirements applicable to
the area under CAA section 110 (Implementation plans) and part D (Plan
Requirements for Nonattainment Areas).
Since Congress passed the CAA Amendments in 1990, EPA has
consistently held the position that not every requirement that an area
is subject to is applicable for purposes of redesignation. See, e.g.,
September 4, 1992, Memorandum from John Calcagni (``Calcagni Memo'') at
6.\7\ For example, some of the Part D requirements, such as
demonstrations of reasonable further progress, are designed to ensure
that nonattainment areas continue to make progress toward attainment.
EPA has interpreted these requirements as not ``applicable'' for
purposes of redesignation under CAA section 107(d)(3)(E)(ii) and (v)
because areas that are applying for redesignation to attainment are by
definition already attaining the standard. Id. Similarly, EPA has long
held that only those CAA provisions that are relevant to an area's
designation and classification as a nonattainment area are
``applicable'' for purposes of redesignation under CAA section
107(d)(3)(E)(ii) and (v). For this reason, SIP revisions that apply
regardless of whether an area is designated nonattainment or
attainment, such as good neighbor plans required under CAA section
110(a)(2)(D)(i)(I), have not been considered ``applicable'' for
purposes of redesignation. Finally, some requirements may not be
applicable in this action given that both the 1-hour and 1997 8-hour
NAAQS at issue in this notice were revoked for all purposes, and, post-
revocation, the DFW area remained subject only to the anti-backsliding
requirements identified by EPA in regulation. See 40 CFR 51.1105(a);
51.1100(o).
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\7\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992. To view the memo, please
visit https://www.epa.gov/sites/production/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
---------------------------------------------------------------------------
EPA's Evaluation of the Redesignation and Maintenance Plan Submittal
Below is the summary of our evaluation. Detailed information on our
evaluation can be found in the TSD. EPA normally evaluates these
criteria as the basis to redesignate an area to attainment, therefore,
EPA has here conducted this analysis for purposes of terminating the 1-
hour and 1997 ozone NAAQS anti-backsliding requirements or in the
alternative, for redesignation.
Has the area attained the 1-hour and 1997 8-hour ozone NAAQS and are
the improvements in air quality due to permanent and enforceable
reductions in emissions? (criteria 1 and 3)
In prior actions we determined that the DFW area attained the 1-
hour ozone NAAQS (73 FR 61357, October 16, 2008) and 1997 8-hour ozone
NAAQS (80 FR 52630, September 1, 2015). Quality-assured ambient air
quality data found in the Air Quality System (AQS) database shows that
the DFW area attained the 1-hour ozone NAAQS in 2006 and attained the
1997 ozone NAAQS in 2014 (Table 1).\8\ We are proposing to determine
that the DFW area is attaining the 1-hour and 1997 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\8\ For more information on AQS, please visit https://www.epa.gov/aqs. Tables listing the DFW monitoring sites with the
fourth high 8-hour ozone average concentrations and design values
and expected exceedances of the 1-hour ozone NAAQS are provided in
the TSD for this rulemaking.
Table 1--1-Hour and 1997 Ozone Design Values for the DFW Area
------------------------------------------------------------------------
1-hour ozone 1997 ozone
Years design value design value
(ppb) (ppb)
------------------------------------------------------------------------
2011-2013............................... 108 87
2012-2014............................... 102 81
2013-2015............................... 102 83
2014-2016............................... 101 80
2015-2017............................... 101 79
2016-2018............................... 101 76
------------------------------------------------------------------------
In a prior action we determined that the improvement in air quality
in the DFW area is due to permanent and enforceable reductions in
emissions (81 FR 78688, November 8, 2016). Texas identified State and
Federal control measures that led to permanent and enforceable emission
reductions. (See the TSD for this proposal for a thorough listing of
the identified emission reductions.) Additionally, we have approved
Reasonable Further Progress SIPs for the DFW area that document
continuous emissions reductions due to permanent and enforceable
measures for the 1-hour and 1997 8-hour ozone standards (70 FR 15592,
March 28, 2005, 73 FR 58475, October 7, 2008, and 79 FR 67068, November
12, 2014). We propose that the DFW area has attained the 1-hour and
1997 ozone NAAQS due to permanent and enforceable emission reductions.
Is the applicable implementation plan for the area fully approved and
has the area met all applicable requirements under CAA section 110 and
Part D? (criteria 2 and 5)
We are proposing to find that the DFW area has met all requirements
under CAA section 110 (Implementation Plans and part D (Plan
Requirements for Nonattainment Areas) that are applicable for purposes
of redesignation (CAA section 107(d)(3)(E)(v)), and that those
requirements have been fully approved into the Texas SIP (CAA section
107(d)(3)(E)(ii)).
110(a)(2) of the CAA contains the general requirements for a SIP.
Section 110(a)(2) provides that the SIP must have been adopted by the
state after reasonable public notice and hearing, and that, among other
things, it must: (1) Include enforceable emission limitations and other
control measures, means or techniques necessary to meet the
requirements of the CAA; (2) provide for establishment and operation of
appropriate devices, methods, systems and procedures necessary to
monitor ambient air quality; (3) provide for implementation of a source
permit program to regulate the modification and construction of
stationary sources within the areas covered by the plan; (4) include
provisions for the implementation of part C prevention of significant
deterioration (PSD) and part D new source review (NSR) permit programs;
(5) include provisions for stationary source emission control
[[Page 29475]]
measures, monitoring, and reporting; (6) include provisions for air
quality modeling; and, (7) provide for public planning and emission
control rule development.
Part D of the CAA establishes the plan requirements for
nonattainment areas. Section 172(c) in subpart 1 of part D sets forth
the basic requirements of air quality plans for states with
nonattainment areas that are required to submit plans on a schedule
pursuant to CAA section 172(b). Subpart 2 of part D, which includes
section 182 of the CAA, establishes specific requirements for ozone
nonattainment areas depending on the areas' nonattainment
classifications. The DFW area was classified as Serious under the 1-
hour ozone NAAQS for the original four-county nonattainment area and
Serious under the 1997 ozone NAAQS for the expanded nine-county
nonattainment area. As such, the area is subject to the subpart 1
requirements contained in CAA sections 172(c) and 176, as well as the
specific subpart 2 requirements of CAA section 182(c). A thorough
discussion of the requirements contained in CAA sections172(c) and
182(c) can be found in the General Preamble for Implementation of Title
I (57 FR 13498, April 16, 1992).
As discussed previously, EPA has consistently held the position
that not every requirement that an area is subject to is applicable for
purposes of redesignation. However, for the revoked ozone standards at
issue here, over the past three decades the State has submitted
numerous SIPs for the DFW area in order to implement those standards,
improve air quality with respect to those standards, and to address
anti-backsliding requirements for those standards. Therefore, even
though some of the DFW area's SIP-approved measures address
requirements that are not ``applicable'' for purposes of redesignation
under CAA section 107(d)(3)(E)(ii) and (v), such as CAA section 182(b)
reasonable further progress, or address requirements that were not
retained for anti-backsliding, such as section 182(a) emissions
inventories, we provide in the accompanying TSD the list of SIP-
approved measures the State has adopted and EPA has approved for the
DFW area with respect to the revoked 1-hour and 1997 8-hour ozone
NAAQS. These include: (1) Emissions inventories, (2) emissions
statements, (3) nonattainment new source review programs, (4)
reasonably available control technology for sources of both VOC and
NOX, (5) both basic and enhanced vehicle inspection and
maintenance programs, (6) enhanced ambient monitoring, (7) attainment
and reasonable further progress demonstrations, (8) contingency
measures for failure to attain or make reasonable further progress, and
(9) clean fuel vehicle programs.\9\ Texas also submitted SIPs to
address CAA section 110(a)(2) for the 1997 ozone NAAQS, which we
approved in prior actions.\10\
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\9\ The requirements can be found in CAA sections 182(a) through
182(c).
\10\ Approval of the section 110(a)(2) Infrastructure SIP for
the 1997 ozone standard for Texas is not required for purposes of
redesignation.
---------------------------------------------------------------------------
Does Texas have a fully approved ozone maintenance plan for the DFW
Area? (criterion 4)
Section 107(d)(3)(E)(iv) of the CAA requires EPA to determine that
the area has a fully approved maintenance plan pursuant to CAA section
175A. Under CAA section 175A, the maintenance plan must demonstrate
continued attainment of the NAAQS for at least 10 years. To address the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, as EPA deems necessary, to assure prompt
correction of any future NAAQS violation.
EPA's interpretation of the elements under CAA section 175A is
contained in the Calcagni Memo. Section 107(d)(3)(E)(iv) requires the
maintenance plan to be ``fully approved,'' and the Calcagni Memo
provides that a state may submit the redesignation request and
maintenance plan at the same time and rulemaking on both may proceed on
a parallel track. The Calcagni Memo further provides guidance on the
content of a maintenance plan, explaining that it should address five
requirements: (1) An attainment emissions inventory; (2) a maintenance
demonstration; (3) an air quality monitoring commitment; (4)
verification of continued attainment; and (5) a contingency plan.
In conjunction with the redesignation request submitted to EPA on
April 4, 2019, TCEQ submitted a maintenance plan to provide for the
ongoing attainment of the 1-hour and 1997 8-hour ozone NAAQS for at
least ten years following the effective date of approval of the SIP
revision. Our evaluation of the five requirements follows:
1. Attainment Inventory
The Texas submittal includes a 2014 base year emission inventory
(EI) for NOx and VOC. The TCEQ chose 2014 as it is one of
the three years used to determine the design value for the 2014
attainment year (the year the area attained both the 1-hour and 1997
ozone NAAQS), consistent with the attainment inventory criteria in the
Calcagni Memo. We propose to approve the 2014 base year EI.
2. Maintenance Demonstration
Texas has demonstrated maintenance of the 1-hour and 1997 ozone
NAAQS through 2032 by providing EI projections from 2014 through 2032
that show emissions of NOX and VOC for the DFW area remain
at or below the attainment year (2014) emission levels. A maintenance
demonstration need not be based on modeling.\11\ The future year Texas
EIs presented are 2020, 2026, and 2032: 2032 is more than 10 years
after the expected effective date of this action and 2020 and 2026 show
emissions between the attainment year and final maintenance year. To
generate the future year EIs, Texas estimated the amount of growth that
will occur between 2014 and the end of 2020, 2026, and 2032. Generally,
the State followed our guidelines in estimating the growth in
emissions. Tables 2 through 7 show the 2014 base year EI and the
projected emissions for the years 2020, 2026 and 2032 in tons per day
(tpd).
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\11\ See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-
53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May 12, 2003).
Table 2--Change in NOX Emissions From 2014 Through 2032 for the Four-County One-Hour Ozone DFW Nonattainment
Area
[Tpd]
----------------------------------------------------------------------------------------------------------------
Year
Source category ---------------------------------------------------------------
2014 2020 2026 2032
----------------------------------------------------------------------------------------------------------------
Point........................................... 6.29 6.98 6.98 6.98
[[Page 29476]]
Area............................................ 32.05 31.67 31.81 32.65
On-road......................................... 148.44 70.06 44.51 32.17
Non-road........................................ 70.98 53.19 45.62 43.61
Annual Totals............................... 257.76 161.90 128.92 115.41
----------------------------------------------------------------------------------------------------------------
Table 3--Change in NOX Emissions From 2014 Through 2032 for the Nine-County 1997 8-Hour Ozone DFW Nonattainment
Area
[Tpd]
----------------------------------------------------------------------------------------------------------------
Year
Source category ---------------------------------------------------------------
2014 2020 2026 2032
----------------------------------------------------------------------------------------------------------------
Point........................................... 27.05 34.82 34.82 34.82
Area............................................ 37.43 36.44 36.14 37.07
On-road......................................... 184.33 89.68 57.97 42.94
Non-road........................................ 84.58 61.84 51.99 48.89
Annual Totals............................... 333.39 222.78 180.92 163.72
----------------------------------------------------------------------------------------------------------------
Table 4--Change in VOC Emissions From 2014 Through 2032 for the Four-County One-Hour Ozone DFW Nonattainment DFW
Area
[Tpd]
----------------------------------------------------------------------------------------------------------------
Year
Source category ---------------------------------------------------------------
2014 2020 2026 2032
----------------------------------------------------------------------------------------------------------------
Point........................................... 12.21 12.21 12.21 12.21
Area............................................ 223.36 243.11 245.12 263.69
On-road......................................... 69.69 44.66 34.81 25.46
Non-road........................................ 35.60 30.24 30.50 32.21
Annual Totals............................... 340.86 330.22 322.64 333.57
----------------------------------------------------------------------------------------------------------------
Table 5--Change in VOC Emissions From 2014 Through 2032 for the Nine-county 1997 8-Hour Ozone DFW Nonattainment
Area
[Tpd]
----------------------------------------------------------------------------------------------------------------
Year
Source category ---------------------------------------------------------------
2014 2020 2026 2032
----------------------------------------------------------------------------------------------------------------
Point........................................... 22.12 22.12 22.12 22.12
Area............................................ 268.71 289.00 283.06 303.71
On-road......................................... 80.47 51.62 40.17 29.51
Non-road........................................ 40.31 33.85 33.87 35.61
Annual Totals............................... 411.61 396.59 379.22 390.95
----------------------------------------------------------------------------------------------------------------
We note that the projections for the on-road mobile source
inventory for 2032, which TCEQ submitted as motor vehicle emissions
budgets, are consistent with maintenance of the 1-hour and 1997 NAAQS.
Table 6--Maintenance Demonstration for the Four-County DFW 1-Hour Ozone
NAAQS Area \12\
------------------------------------------------------------------------
Description NOX (tpd) VOC (tpd)
------------------------------------------------------------------------
a. 2014 Emissions Inventories (from 257.76 340.86
Tables 2 and 4)........................
b. 2032 Emissions Inventories (from 115.41 333.57
Tables 2 and 4)........................
c. Change in EI from 2014 to 2032 (line -142.35 -7.29
b minus line a)........................
d. Percent change in EI from 2014 to -55.23% -2.14%
2032...................................
------------------------------------------------------------------------
[[Page 29477]]
Table 7--Maintenance Demonstration for the Nine-County DFW 1997 Ozone
NAAQS Area
------------------------------------------------------------------------
Description NOX (tpd) VOC (tpd)
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a. 2014 Emissions Inventories (from 333.39 411.61
Tables 3 and 5)........................
b. 2032 Emissions Inventories (from 163.72 390.95
Tables 3 and 5)........................
c. Change in EI from 2014 to 2032 (line -169.67 -20.66
b minus line a)........................
d. Percent change in EI from 2014 to -50.89% -5.02%
2032...................................
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For the four-county DFW 1-hour ozone NAAQS area, NOX
emissions are projected to decrease by approximately 142 tpd by 2032,
which is about 55 percent less than the 2014 NOX emission
levels. Also, VOC emissions are projected to decrease by approximately
7 tpd by 2032, which is about 2 percent lower than the 2014 VOC
emission levels for the same area. For the nine-county DFW 1997 ozone
NAAQS area emissions of NOX are projected to decrease by
approximately 170 tpd by 2032, which is about 51 percent less than the
2014 NOX emission levels. VOC emissions for the nine-county
area are projected to decrease by 21 tpd, which is about a 5 percent
decrease between 2032 and 2014. Because the projected emissions of
NOX and VOC will decrease between 2032 and 2014, we propose
that the TCEQ has demonstrated maintenance of the 1-hour and 1997 ozone
NAAQS through 2032.
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\12\ See our TSD for more detail on the State's submitted
maintenance demonstration.
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3. Monitoring Network
The TCEQ has committed to continue to maintain an air monitoring
network to meet regulatory requirements in the DFW area to ensure
maintenance of the 1-hour and 1997 ozone standards. Texas has committed
to meet monitoring requirements and continue to quality assure
monitoring data in accordance with 40 CFR part 58, and to enter all
data into AQS in accordance with Federal guidelines through the end of
the maintenance period in 2032.
4. Verification of Continued Attainment
The TCEQ has the legal authority to enforce and implement the
requirements of the maintenance plan for the DFW area. This includes
the authority to adopt, implement, and enforce any subsequent emission
control measures determined as necessary to correct any future failure
to maintain the 1-hour and 1997 ozone NAAQS.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's EI. The TCEQ has committed to continue monitoring
ozone levels according to an EPA-approved monitoring plan. Should
changes in the location of an ozone monitor become necessary, TCEQ will
work with EPA to ensure the adequacy of the monitoring network. The
TCEQ has further committed to continue to quality assure the monitoring
data to meet the requirements of 40 CFR part 58 and enter all data into
AQS in accordance with Federal guidelines.
In addition, to track future levels of emissions, TCEQ will
continue to develop and submit to EPA updated EIs for all source
categories at least once every three years, consistent with the
requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. The
most recent triennial inventory for Texas was compiled for 2014. Point
source facilities covered by the Texas emission statement rule will
continue to submit VOC and NOX emissions on an annual basis
as required by 30 TAC Chapter 101.10(d).
5. Contingency Plan
Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; and a time limit for action by the state.
The state should also identify specific indicators to be used to
determine when the contingency measures need to be considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the pollutant that were contained in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
As required by CAA section 175A, Texas has proposed a contingency
plan for the DFW area to address future violations of the 1-hour and/or
1997 ozone NAAQS. The contingency measures proposed by the TCEQ
include, but are not limited to, the following:
Limit VOC emissions from dryers, filtration systems, and
fugitive emissions from petroleum dry cleaning facilities by extending
control requirements to Ellis, Johnson, Kaufman, Parker and Rockwall
Counties.
Decrease in the rule threshold triggering applicability to
requirements, such as control and inspection requirements, for
controlling flash emissions from fixed roof crude oil and condensate
storage tanks.
Require the application of low solar-absorptance paint to
VOC storage tanks.
Implement enhanced leak detection and repair program
measures.
Decrease the rule threshold triggering applicability to
requirements for storage tanks, transport vessels, and marine vessels.
Extend control VOC emission from degassing of storage
tanks or transport vessels in Ellis, Johnson, Kaufman, Parker and
Rockwall Counties.
Regulate pneumatic controllers used in oil and natural gas
production, transmission of oil and natural gas, and natural gas
processing.
Extend requirement to install gas collection and control
system on municipal solid waste landfills in Ellis, Johnson, Kaufman,
Parker and Rockwall Counties.
Limit VOC emission from each bakery with a bakery over
vent gas stream in Collin, Dallas, Denton, and Tarrant Counties with 25
to 50 tons per year of VOC emissions.
The maintenance plan provides that a monitored and certified
violation of the NAAQS triggers the requirement to consider, adopt, and
implement the plan's contingency measures. The schedule and procedure
for adoption and implementation by the State is no longer than 18
months following a monitored and certified violation of the NAAQS.
Given the estimated emissions in the DFW nonattainment area, we believe
the proposed contingency measures are sufficient to address any
potential future violations.
[[Page 29478]]
EPA is proposing that the TCEQ's maintenance plan adequately
addresses the five basic components of a maintenance plan: Attainment
inventory, maintenance demonstration, monitoring network, verification
of continued attainment, and a contingency plan. Thus, the maintenance
plan SIP revision proposed by the TCEQ meets the requirements of CAA
section 175A and EPA proposes to approve it as a revision to the Texas
SIP.
III. Motor Vehicle Emissions Budgets
The DFW maintenance plan submission includes motor vehicle
emissions budgets (MVEBs) for the last year of the maintenance plan (in
this case 2032). MVEBs are used to conduct regional emissions analyses
for transportation conformity purposes. See 40 CFR 93.118. The MVEB is
the portion of the total allowable emissions in the maintenance
demonstration that is allocated to highway and transit vehicle use and
emissions. See 40 CFR 93.101. As part of the interagency consultation
process on setting MVEBs, TCEQ held discussions to determine what years
to set MVEBs for the DFW area maintenance plan.
We note the DFW area already has adequate NOX and VOC
MVEBs for the 2008 ozone NAAQS (81 FR 88124, December 7, 2016).
Therefore, the DFW area can continue to make conformity determinations
for transportation plans, transportation improvement programs, and
projects based on budgets for the 2008 ozone NAAQS as it has been
doing, according to the requirements of the transportation conformity
regulations at 40 CFR part 93.\13\ The DFW area currently demonstrates
conformity to the 2008 and 2015 ozone NAAQS using MVEBs contained in
the area's 2008 ozone NAAQS Reasonable Further Progress SIP revision
(81 FR 88124). Therefore, EPA is not proposing to approve the submitted
2032 NOx and VOC MVEBs for transportation conformity purposes. As noted
above, EPA is proposing to find that the projected emissions inventory
which reflects these budgets are consistent with maintenance of the 1-
hour and 8-hour standard.
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\13\ Transportation Conformity Guidance for the South Coast II
Court Decision, EPA-420-B-18-050. November 2018, available on EPA's
web page at https://www.epa.gov/state-and-local-transportation/policy-and-technical-guidance-state-and-local-transportation.
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IV. Proposed Action
We are proposing to determine that the DFW area is continuing to
attain the 1-hour and 1997 8-hour ozone NAAQS, and that Texas has met
the CAA criteria for redesignation of this area. Therefore, the EPA is
proposing to terminate all the Serious area classification's anti-
backsliding obligations for the DFW area for the 1-hour and 1997 ozone
NAAQS. We are also proposing to approve the plan for maintaining the 1-
hour and 1997 ozone NAAQS through 2032 in the DFW area.
V. Statutory and Executive Order Reviews
The actions in this proposal terminate statutory and regulatory
requirements associated with prior federal revoked ozone standards and
do not impose any additional regulatory requirements on sources beyond
those imposed by state law. Therefore, this action does not in and of
itself create any new requirements. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
For that reason, these actions:
Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because they are not ``significant regulatory
actions'' under Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 14, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-13126 Filed 6-21-19; 8:45 am]
BILLING CODE 6560-50-P
