80_FR_23568 80 FR 23487 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Attainment Demonstration for the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard

80 FR 23487 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Attainment Demonstration for the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 81 (April 28, 2015)

Page Range23487-23493
FR Document2015-09901

The Environmental Protection Agency (EPA) is proposing to disapprove revisions to the Texas State Implementation Plan (SIP) submitted to meet certain requirements under section 182(c) of the Clean Air Act (CAA or Act) for the Dallas/Fort Worth (DFW) nonattainment area under the 1997 8-hour ozone standard. The revisions address the attainment demonstration submitted on January 17, 2012, by the Texas Commission on Environmental Quality (TCEQ) for the DFW Serious nonattainment area. The EPA is also proposing to determine that the DFW 8-hour ozone nonattainment area is currently attaining the 1997 ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon certified ambient air monitoring data that show the area has monitored attainment of the 1997 ozone NAAQS for the 2012-2014 monitoring period. If this proposed determination is made final, the requirements for this area to submit an attainment demonstration, a reasonable further progress (RFP) plan, contingency measures, and other planning SIPs related to attainment of the 1997 ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. This proposed action is consistent with the requirements of section 110 and part D of the CAA.

Federal Register, Volume 80 Issue 81 (Tuesday, April 28, 2015)
[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Proposed Rules]
[Pages 23487-23493]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09901]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0098; FRL-9926-92-Region-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Attainment Demonstration for the Dallas/Fort Worth 1997 8-Hour 
Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 23488]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
disapprove revisions to the Texas State Implementation Plan (SIP) 
submitted to meet certain requirements under section 182(c) of the 
Clean Air Act (CAA or Act) for the Dallas/Fort Worth (DFW) 
nonattainment area under the 1997 8-hour ozone standard. The revisions 
address the attainment demonstration submitted on January 17, 2012, by 
the Texas Commission on Environmental Quality (TCEQ) for the DFW 
Serious nonattainment area. The EPA is also proposing to determine that 
the DFW 8-hour ozone nonattainment area is currently attaining the 1997 
ozone National Ambient Air Quality Standard (NAAQS). This determination 
is based upon certified ambient air monitoring data that show the area 
has monitored attainment of the 1997 ozone NAAQS for the 2012-2014 
monitoring period. If this proposed determination is made final, the 
requirements for this area to submit an attainment demonstration, a 
reasonable further progress (RFP) plan, contingency measures, and other 
planning SIPs related to attainment of the 1997 ozone NAAQS shall be 
suspended for so long as the area continues to attain the 1997 ozone 
NAAQS. This proposed action is consistent with the requirements of 
section 110 and part D of the CAA.

DATES: Comments must be received on or before May 28, 2015.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2012-0098, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Ms. Carrie Paige at [email protected].
     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning 
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket No. EPA-R06-OAR-2012-
0098. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, telephone (214) 665-
6521, email address [email protected]. To inspect the hard copy 
materials, please contact Ms. Paige or Mr. Bill Deese at (214) 665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA.

Table of Contents

I. What is the EPA proposing?
II. Our Action Under Section 182(c) of the CAA (the Serious Area 
Requirements)
    A. Background
    B. What is the EPA proposing to disapprove?
    C. What are the consequences of a disapproved SIP?
III. Our Action Under the Clean Data Determination
    A. Background
    B. EPA's Analysis of the Relevant Air Quality Data
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What is the EPA proposing?

    The EPA is proposing to disapprove Texas's 8-hour ozone attainment 
demonstration for the DFW Serious nonattainment area because the area 
failed to attain the 1997 ozone NAAQS by the June 15, 2013 attainment 
date. EPA's analysis and findings are discussed in this proposed 
rulemaking.
    We are also proposing to determine that the DFW ozone nonattainment 
area is currently in attainment of the 1997 ozone standard based on the 
most recent 3 years of quality-assured air quality data. Certified 
ambient air monitoring data show that the area has monitored attainment 
of the 1997 ozone NAAQS for the 2012-2014 monitoring period. This 
action is also known as a ``Clean Data Determination'' (see 40 CFR 
51.1118).
    This proposal is based on EPA's review of complete, quality assured 
and certified ambient air quality monitoring data for the 2010-2012 and 
2012-2014 monitoring periods that are available in the EPA Air Quality 
System (AQS). The AQS report for these monitors, for 2010 through 2014, 
is provided in the docket for this rulemaking.

II. Our Action Under Section 182(c) of the CAA (the Serious Area 
Requirements)

A. Background

1. The National Ambient Air Quality Standards
    Section 109 of the CAA requires the EPA to establish NAAQS for 
pollutants that may reasonably be anticipated to endanger public health 
and welfare and to develop a primary and secondary standard for each 
NAAQS. The primary standard is designed to protect human health with an 
adequate margin of safety and the secondary standard is designed to 
protect public welfare. The EPA has set NAAQS for six common air 
pollutants, also referred to as criteria pollutants: Carbon monoxide, 
lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. 
These standards present state and local governments with the minimum 
air quality levels they must meet to comply with the Act.
2. What is a State Implementation Plan?
    The SIP is a plan for clean air, required by section 110 and other 
provisions of the CAA. The Act requires states to develop air pollution 
regulations and control strategies to ensure that for each area 
designated nonattainment for a NAAQS, state air quality will improve 
and meet the NAAQS established by the EPA. A SIP is a set of air 
pollution regulations, control strategies, other means or techniques, 
and technical analyses developed by the state, to ensure that the state 
meets the NAAQS. A SIP protects air quality primarily by addressing air 
pollution at its point of origin. A SIP can be extensive, containing 
state regulations or other enforceable documents, and supporting

[[Page 23489]]

information such as emissions inventories, monitoring networks, and 
modeling demonstrations. When a state makes changes to the regulations 
and control strategies in its SIP, such revisions must be submitted to 
the EPA for approval and incorporation into the federally-enforceable 
SIP.
3. What is ozone and what is the 1997 8-hour ozone standard?
    Ozone is a gas composed of three oxygen atoms. Ground-level ozone 
is generally not emitted directly from a vehicle's exhaust or an 
industrial smokestack, but is created by a chemical reaction between 
volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX) in the presence of sunlight.\1\ Ozone is known 
primarily as a summertime air pollutant. Motor vehicle exhaust and 
industrial emissions, gasoline vapors, chemical solvents and natural 
sources emit NOX and VOCs. Urban areas tend to have high 
concentrations of ground-level ozone, but areas without significant 
industrial activity and with relatively low vehicular traffic are also 
subject to increased ozone levels because wind carries ozone and its 
precursors hundreds of miles from their sources.\2\
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    \1\ VOC and NOX are often referred to as 
``precursors'' to ozone formation.
    \2\ For additional information on ozone, please visit 
www.epa.gov/groundlevelozone.
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    On July 18, 1997, the EPA promulgated an 8-hour ozone NAAQS of 0.08 
parts per million (ppm), known as the 1997 ozone standard.\3\ See 62 FR 
38856 and 40 CFR 50.10. Under EPA regulations at 40 CFR part 50, 
Appendix I, the 1997 ozone standard is attained when the 3-year average 
of the annual fourth highest daily maximum 8-hour average ambient ozone 
concentration is less than or equal to 0.08 ppm.
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    \3\ On March 27, 2008 (73 FR 16436), the EPA promulgated a 
revised 8-hour ozone NAAQS of 0.075 ppm, known as the 2008 ozone 
standard. On April 30, 2012, the EPA promulgated designations under 
the 2008 ozone standard (77 FR 30088) and in that action, the EPA 
designated 10 counties in the DFW area as a Moderate ozone 
nonattainment area: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 
Parker, Rockwall, Tarrant, and Wise. The EPA's actions herein do not 
address the DFW nonattainment area for the 2008 ozone standard.
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4. The DFW Nonattainment Area and Its Current Nonattainment 
Classification Under the 1997 Ozone Standard
    On April 30, 2004, the EPA designated and classified the 9-county 
DFW area (consisting of Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall and Tarrant counties) as a Moderate 
nonattainment area under the 1997 ozone standard with an attainment 
date of no later than June 15, 2010 (see 69 FR 23858 and 69 FR 23951). 
However, the DFW area failed to attain the 1997 ozone standard by June 
15, 2010, and was accordingly reclassified as a Serious ozone 
nonattainment area with an attainment date of no later than June 15, 
2013 (75 FR 79302, December 20, 2010). Following reclassification to 
Serious, the State submitted a revised attainment plan for the DFW area 
dated January 17, 2012. The area failed to attain the 1997 ozone 
standard by June 15, 2013, and in a separate rulemaking, the EPA 
proposed to determine that the area did not attain the standard by the 
attainment date and to reclassify the area to Severe (see 80 FR 8274, 
February 17, 2015).
5. What is an attainment demonstration?
    In general, an attainment demonstration shows how an area will 
achieve the standard as expeditiously as practicable, but no later than 
the attainment date specified for its classification. A typical 
attainment demonstration is made with the use of air quality models 
that simulate the changes of pollutant concentrations in the atmosphere 
encompassing the nonattainment area and thus is an estimate.\4\ As a 
part of this showing, the demonstration should simulate projected 
emissions growth due to factors such as population growth and pollution 
reductions due to imposition of controls.
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    \4\ For more information regarding an attainment demonstration, 
please see the General Preamble for the Implementation of Title I of 
the CAA Amendments of 1990 at 57 FR 13498, 13510 (April 16, 1992); 
40 CFR 51.112; and 40 CFR 51.908.
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6. What did the state submit?
    The TCEQ's January 17, 2012 attainment demonstration submittal for 
the DFW Serious nonattainment area included air quality modeling and a 
weight-of-evidence analysis in which the state purported that the area 
would attain by the area's attainment date of June 13, 2013; Motor 
Vehicle Emissions Budgets (MVEBs) for transportation conformity 
purposes; an analysis for Reasonably Available Control Measures (RACM); 
an analysis for Reasonably Available Control Technology (RACT); and a 
contingency plan. In addition, as part of the submission, the state 
addressed the CAA requirements for enhanced ambient monitoring and the 
clean-fuel fleet programs (CFFPs) at section 182(c) of the Act. On 
November 12, 2014, the EPA approved the RFP plan for the DFW Serious 
nonattainment area \5\ and the associated contingency plan and found 
that the State has fulfilled the CAA requirements for enhanced ambient 
monitoring and the CFFPs (see 79 FR 67068). On March 27, 2015, the EPA 
approved the portion of the January 17, 2012 submittal that addresses 
the RACT requirements (see 80 FR 16291).
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    \5\ Separately on January 17, 2012, the TCEQ submitted the RFP 
plan, with contingency measures, for the DFW Serious nonattainment 
area. That submittal and EPA's action are available at 
www.regulations.gov, docket number EPA-R06-OAR-2012-0099.
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B. What is the EPA proposing to disapprove?

    We are proposing to disapprove the DFW Serious area attainment 
demonstration because it was not adequate for the area to attain the 
1997 ozone standard by its attainment date. Because we are disapproving 
the attainment demonstration, we must also disapprove the associated 
RACM analysis and MVEBs that are included within that attainment 
demonstration. Under the Act's RACM requirements, a State must 
implement all reasonable measures. EPA relates this requirement to the 
attainment demonstration by interpreting the requirement to call for 
any reasonable measures be implemented that would accelerate attainment 
of the standard. Because of the relationship to the attainment 
demonstration, the RACM analysis cannot be approved. Finally, 
approvable MVEBs must be consistent with an approvable attainment plan.

C. What are the consequences of a disapproved SIP?

    This section explains the consequences of disapproval of a SIP that 
addresses a mandatory requirement under the CAA. The CAA stipulates the 
imposition of sanctions and the promulgation of a federal 
implementation plan (FIP) if EPA disapproves a required plan submission 
and the deficiency is not corrected within the relevant timeframe.
1. What are the Act's provisions for sanctions?
    If the EPA disapproves a required SIP or component(s) of a required 
SIP, section 179(a) of the Act provides for the imposition of sanctions 
unless the deficiency is corrected within 18 months of the effective 
date of the final disapproval. The imposition of sanctions would be 
stayed if the state submits a SIP for which the EPA proposes full or 
conditional approval and sanctions would not apply or would be lifted 
once EPA approves a SIP correcting the deficiency. Additionally, if EPA 
finalizes a clean data determination (CDD) for the area within

[[Page 23490]]

the 18 months, the sanctions clocks will be tolled so long as the area 
remains clean. If the deficiency is not corrected within such timeframe 
and no CDD is finalized, the first sanction would apply 18 months after 
the EPA's disapproval of the SIP is effective. Under the EPA's 
sanctions regulations at 40 CFR 52.31, the first sanction would be an 
offset ratio of 2:1 for sources subject to the new source review 
requirements under section 173 of the Act. The second sanction would 
apply 24 months after the effective date of the final disapproval, 
unless the deficiency is corrected by that time. The second sanction is 
a limitation on the use of federal highway funds as provided by section 
179(b)(1) of the Act. The EPA also has authority under CAA section 
110(m) to sanction a broader area, but is not proposing to take such 
action in today's rulemaking.
2. What are the Act's provisions for a Federal Implementation Plan?
    In addition to sanctions, if the EPA disapproves the required SIP 
revision, or a portion thereof, section 110(c)(1) of the Act provides 
that the EPA must promulgate a FIP no later than 2 years from the 
effective date of the disapproval if the deficiency has not been 
corrected within that time period. The deficiency would be corrected if 
the state submits and EPA approves a SIP correcting the deficiency.
3. What action would stop the imposition of sanctions and a FIP?
    The State must address the deficiency forming the basis of the 
disapproval. The sanctions and FIP clocks would also stop (or any 
imposed sanctions would be lifted) if the area attains the 1997 ozone 
standard and EPA approves a redesignation substitute for the 1997 ozone 
NAAQS.\6\ Alternatively, if EPA finalizes the Clean Data Determination 
(CDD) it is proposing in this action, the sanctions clock and EPA's 
obligation to promulgate an attainment demonstration FIP would be 
tolled for so long as the CDD remains in place.\7\
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    \6\ In EPA's final rule to implement SIP requirements under the 
2008 ozone standard (the SIP requirements rule or SRR), among other 
things, we revoked the 1997 ozone standard and finalized a 
redesignation substitute procedure for a revoked standard. See 80 FR 
12264, March 6, 2015 and 40 CFR 51.1105(b). Under this redesignation 
substitute procedure for a revoked NAAQS, the demonstration must 
show that the area has attained that revoked NAAQS due to permanent 
and enforceable emission reductions and that the area will maintain 
that revoked NAAQS for 10 years from the date of EPA's approval of 
this showing.
    \7\ In the SRR, the EPA finalized the same approach with respect 
to the Clean Data Policy for the 2008 ozone NAAQS as it applied in 
the Phase 1 Rule for the 1997 ozone NAAQS. That is, a determination 
of attainment would suspend the obligation to submit attainment 
planning SIP elements for the 2008 ozone NAAQS. Such a determination 
would suspend the obligation to submit any attainment-related SIP 
elements not yet approved in the SIP, for so long as the area 
continues to attain the 2008 ozone NAAQS. In addition, the EPA 
replaced 40 CFR 51.918 with 40 CFR 51.1118 to consolidate in one 
regulation a comprehensive provision applicable to determinations of 
attainment for the current and former ozone NAAQS. Thus, 40 CFR 
51.1118 will apply to a determination of attainment that is made 
with respect to any revoked or current ozone NAAQS--the 1-hour, the 
1997 or the 2008 ozone NAAQS. Accordingly, a final CDD would suspend 
the duty to submit the Serious area SIP revisions and the sanctions 
and FIP clocks. However, should the area violate the 1997 ozone 
standard after the CDD is finalized, the EPA would rescind the CDD 
and the sanctions and FIP clocks would resume. See 80 FR 12264, 
12296 and 12317 and 40 CFR 51.1118.
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4. What are the ramifications regarding conformity?
    In an attainment demonstration SIP the state addresses, among other 
issues, transportation conformity. Conformity to a SIP means that 
transportation activities will not produce new air quality violations, 
worsen existing violations, or delay timely attainment of the NAAQS. 
Conformity is required by section 176(c) of the Act for ensuring that 
the effects of emissions from all on-road sources are consistent with 
attainment of the standard. The federal conformity rules at 40 CFR 
93.120 require the implementation of a conformity freeze when the EPA 
disapproves an attainment demonstration SIP. A conformity freeze can 
affect an area's long range transportation plans and transportation 
improvement programs (TIPs). However, EPA's final rule addressing SIP 
requirements under the 2008 ozone standard and revoking the 1997 ozone 
standard for all purposes, including transportation conformity, became 
effective on April 6, 2015 (see 80 FR 12264). Therefore, no conformity 
freeze will occur for the DFW area upon a final disapproval (see 80 FR 
12264, 12284).

III. Our Action Under the Clean Data Determination

A. Background

    If EPA's determination that the area is currently attaining the 
eight-hour ozone standard is finalized, 40 CFR 51.1118 of EPA's ozone 
implementation rule provides that the requirements for the States to 
submit certain RFP plans, attainment demonstrations, contingency 
measures and any other attainment planning requirements of the CAA 
related to attainment of that standard shall be suspended for as long 
as the area continues to attain the standard. However, a CDD does not 
constitute a redesignation to attainment under section 107(d)(3)(E) of 
the Act, and if EPA determines that the area subsequently violates the 
standard, that suspension of the requirement to submit the attainment 
planning SIP provisions is lifted, and those requirements are once 
again due. Even though EPA has finalized revocation of the 1997 eight-
hour ozone NAAQS, under 40 CFR 51.1118, an area remains subject to the 
obligations for a revoked NAAQS under 40 CFR 51, Appendix S to Subpart 
AA, Section VII(A) until either (i) the area is redesignated to 
attainment for the 2008 ozone NAAQS; or (ii) the EPA approves a 
demonstration for the area in a redesignation substitute procedure for 
a revoked NAAQS per the provisions of Sec.  51.1105(b). Under this 
redesignation substitute procedure for a revoked NAAQS, and for this 
limited anti-backsliding purpose, the demonstration must show that the 
area has attained that revoked NAAQS due to permanent and enforceable 
emission reductions and that the area will maintain that revoked NAAQS 
for 10 years from the date of EPA's approval of this showing. We also 
note that the Clean Data Determination does not constitute a 
Determination of Attainment by an Area's Attainment Date under sections 
179(c) and 181(b)(2) of the Act.

B. EPA's Analysis of the Relevant Air Quality Data

    For ozone, an area is considered to be attaining the 1997 ozone 
NAAQS if there are no violations, as determined in accordance with 40 
CFR part 50, based on three complete, consecutive calendar years of 
quality-assured air quality monitoring data. Under EPA regulations at 
40 CFR part 50, the 1997 ozone standard is attained when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average ozone 
concentrations at an ozone monitor is less than or equal to 0.08 parts 
per million (ppm), (i.e., 0.084 ppm, when rounding, based on the 
truncating conventions in 40 CFR part 50, Appendix P). This 3-year 
average is referred to as the design value. When the design value is 
less than or equal to 0.084 ppm at each monitor within the area, then 
the area is meeting the NAAQS. Also, the data completeness requirement 
is met when the average percent of days with valid ambient monitoring 
data is greater than or equal to 90%, and no single year has less than 
75% data completeness as determined in Appendix P of 40 CFR part 50. 
The data must be collected and quality-assured in accordance with 40 
CFR part 58, and recorded in the EPA Air Quality System (AQS). The 
monitors generally should have remained at the same

[[Page 23491]]

location for the duration of the monitoring period required for 
demonstrating attainment. For ease of communication, many reports of 
ozone concentrations are given in parts per billion (ppb); ppb = ppm x 
1,000. Thus, 0.084 ppm equals 84 ppb.
    The EPA reviewed the DFW area ozone monitoring data from ambient 
ozone monitoring stations for the ozone seasons 2012 through 2014. The 
2012-2014 ozone season data for all the ozone monitors in the DFW area 
have been quality assured and certified by the EPA. The design value 
for 2012-2014 is 81 ppb. At the time of this writing, the preliminary 
ozone data for 2015 are posted on the TCEQ Web site, but are not yet 
posted in AQS.\8\ The data for the three ozone seasons 2012-2014, and 
preliminary data for 2015, show that the DFW area is attaining the 1997 
ozone NAAQS.
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    \8\ See http://www.tceq.texas.gov/agency/data/ozone_data.html.
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    Table 1 shows the fourth-highest daily maximum 8-hour average ozone 
concentrations for the DFW nonattainment area monitors for the years 
2012-2014. (To find the overall design value for the area for a given 
year, simply find the highest design value from any of the 17 monitors 
for that year.)

   Table 1--The DFW Area Fourth High 8-Hour Ozone Average Concentrations and Design Values (ppm) for 2012-2014
----------------------------------------------------------------------------------------------------------------
                                                               4th Highest daily max
                Site name and No.                ------------------------------------------------  Design value
                                                       2012            2013            2014         (2012-2014)
----------------------------------------------------------------------------------------------------------------
Fort Worth Northwest, 48-439-1002...............           0.077           0.084           0.079           0.080
Keller, 48-439-2003.............................           0.079           0.080           0.074           0.077
Frisco, 48-085-0005.............................           0.084           0.078           0.074           0.078
Midlothian OFW, 48-139-0016.....................           0.078           0.075           0.062           0.071
Denton Airport South, 48-121-0034...............           0.081           0.085           0.077           0.081
Arlington Municipal Airport, 48-439-3011........           0.092           0.068           0.065           0.075
Dallas North No. 2, 48-113-0075.................           0.086           0.077           0.070           0.077
Rockwall Heath, 48-397-0001.....................           0.080           0.073           0.066           0.073
Grapevine Fairway, 48-439-3009..................           0.086           0.083           0.073           0.080
Kaufman, 48-257-0005............................           0.073           0.075           0.062           0.070
Eagle Mountain Lake, 48-439-0075................           0.087           0.077           0.073           0.079
Parker County, 48-367-0081......................           0.076           0.074           0.072           0.074
Cleburne Airport, 48-251-0003...................           0.082           0.077           0.071           0.076
Dallas Hinton St., 48-113-0069..................           0.087           0.081           0.066           0.078
Dallas Executive Airport, 48-113-0087...........           0.085           0.074           0.062           0.073
Pilot Point, 48-121-1032........................           0.078           0.084           0.075           0.079
Italy, 48-139-1044..............................           0.071           0.072           0.060           0.067
----------------------------------------------------------------------------------------------------------------

As shown in Table 1, the 8-hour ozone design value for 2012-2014, which 
is based on a three-year average of the fourth-highest daily maximum 
average ozone concentration at the monitor recording the highest 
concentrations, is 81 ppb, which meets the 1997 ozone NAAQS. Data for 
2015 not yet certified also indicate that the area continues to attain 
the 1997 ozone NAAQS. The AQS data reports for the DFW area for the 
three years 2012 through 2014 and a technical support document are 
included in the docket for this rulemaking.

IV. Proposed Action

    The EPA is proposing to disapprove certain elements of the 
attainment demonstration SIP submitted by the TCEQ for the DFW Serious 
ozone nonattainment area under the 1997 8-hour ozone NAAQS. 
Specifically, we are proposing to disapprove the attainment 
demonstration, the demonstration for RACM, and the attainment 
demonstration MVEBs for 2012. The EPA is proposing to disapprove these 
SIP revisions because the area failed to attain the standard by its 
June 15, 2013 attainment date, and thus we have determined that the 
plan was insufficient to demonstrate attainment by the attainment date. 
The EPA is also proposing to determine that the DFW 8-hour ozone 
nonattainment area is currently attaining the 1997 ozone NAAQS. This 
determination is based upon certified ambient air monitoring data that 
show the area has monitored attainment of the 1997 ozone NAAQS for the 
2012-2014 monitoring period.

V. Statutory and Executive Order Reviews

    Under the CAA, 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 act on state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law.

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

    This proposed action is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under Executive Orders 12866 and 
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., because this proposed SIP disapproval under section 110 
and subchapter I, part D of the CAA will not in-and-of itself create 
any new information collection burdens but simply disapproves certain 
State requirements for inclusion into the SIP. Burden is defined at 5 
CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct

[[Page 23492]]

a regulatory flexibility analysis of any rule subject to notice and 
comment rulemaking requirements unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions. 
For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
impact on a substantial number of small entities. This rule does not 
impose any requirements or create impacts on small entities. This 
proposed SIP disapproval under section 110 and subchapter I, part D of 
the CAA will not in-and-of itself create any new requirements but 
simply disapproves certain State requirements for inclusion into the 
SIP. Accordingly, it affords no opportunity for EPA to fashion for 
small entities less burdensome compliance or reporting requirements or 
timetables or exemptions from all or part of the rule. The fact that 
the CAA prescribes that various consequences (e.g., higher offset 
requirements) may or will flow from this disapproval does not mean that 
EPA either can or must conduct a regulatory flexibility analysis for 
this action. Therefore, this action will not have a significant 
economic impact on a substantial number of small entities.
    We continue to be interested in the potential impacts of this 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector.'' EPA has determined that the proposed disapproval action does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This action proposes to 
disapprove pre-existing requirements under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed action does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, because it merely disapproves 
certain State requirements for inclusion into the SIP and does not 
alter the relationship or the distribution of power and 
responsibilities established in the CAA. Thus, Executive Order 13132 
does not apply to this action.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    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, this proposed 
action 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).

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
proposed action is not subject to Executive Order 13045 because it 
because it is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997). This proposed SIP disapproval under section 110 
and subchapter I, part D of the CAA will not in-and-of itself create 
any new regulations but simply disapproves certain State requirements 
for inclusion into the SIP.

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

    This proposed action is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary consensus standards.
    The EPA believes that this proposed action is not subject to 
requirements of Section 12(d) of NTTAA because application of those 
requirements would be inconsistent with the CAA.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA lacks the discretionary authority to address environmental 
justice in this proposed action. In reviewing SIP submissions, EPA's 
role is to approve or

[[Page 23493]]

disapprove state choices, based on the criteria of the CAA. 
Accordingly, this action merely proposes to disapprove certain State 
requirements for inclusion into the SIP under section 110 and 
subchapter I, part D of the CAA and will not in-and-of itself create 
any new requirements. Accordingly, it 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.

K. Statutory Authority

    The statutory authority for this action is provided by section 110 
of the CAA, as amended (42 U.S.C. 7410).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: April 17, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-09901 Filed 4-27-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Proposed Rules                                                 23487

                                                      Captain of the Port St. Petersburg in the               ACTION:   Proposed rule.                               be publicly available in either location
                                                      enforcement of the regulated areas.                                                                            (e.g., CBI). To inspect the hard copy
                                                         (c) Regulations. (1) All persons and                 SUMMARY:    The Environmental Protection               materials, please schedule an
                                                      vessels are prohibited from entering,                   Agency (EPA) is proposing to approve                   appointment during normal business
                                                      transiting through, anchoring in, or                    revisions to the Yolo-Solano Air Quality               hours with the contact listed in the FOR
                                                      remaining within the race area unless an                Management District (YSAQMD)                           FURTHER INFORMATION CONTACT section.
                                                      authorized race participant.                            portion of the California State
                                                                                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                         (2) Designated representatives may                   Implementation Plan (SIP). These
                                                                                                                                                                     Arnold Lazarus, EPA Region IX, (415)
                                                      control vessel traffic throughout the                   revisions concern volatile organic
                                                                                                                                                                     972–3024, Lazarus.Arnold@epa.gov.
                                                      enforcement area as determined by the                   compound (VOC) emissions from
                                                                                                                                                                     SUPPLEMENTARY INFORMATION: This
                                                      prevailing conditions.                                  organic solvents cleaning operations.
                                                                                                              We are proposing to rescind and                        proposal addresses the following local
                                                         (3) All vessels in the spectator area are                                                                   rules: YSAQMD Rule 1.1 ‘‘General
                                                      to be anchored or operate at a No Wake                  approve local rules to regulate these
                                                                                                              emission sources under the Clean Air                   Provisions and Definitions,’’ Rule 2.13
                                                      Speed. On-scene designated                                                                                     ‘‘Organic Solvents,’’ Rule 2.15 ‘‘Disposal
                                                                                                              Act (CAA or the Act).
                                                      representatives will direct spectator                                                                          and Evaporation of Solvents,’’ Rule 2.24
                                                      vessels to the spectator area.                          DATES: Any comments on this proposal
                                                                                                                                                                     ‘‘Solvent Cleaning Operations
                                                         (4) All vessel traffic not involved with             must arrive by May 28, 2015.
                                                                                                                                                                     (Degreasing),’’ and Rule 2.31 ‘‘Solvent
                                                      the event shall enter and exit Sarasota                 ADDRESSES: Submit comments,                            Cleaning and Degreasing.’’ In the Rules
                                                      Bay via Big Sarasota Pass and stay clear                identified by docket number EPA–R09–                   and Regulations section of this Federal
                                                      of the enforcement area.                                OAR–2014–0873 by one of the following                  Register, we are approving Rule 1.1 and
                                                         (5) New Pass will be closed to all                   methods:                                               Rule 2.31 and rescinding Rule 2.13,
                                                      inbound and outbound vessel traffic at                    1. Federal eRulemaking Portal:                       Rule 2.15 and Rule 2.24, all local rules,
                                                      the COLREGS Demarcation Line.                           www.regulations.gov. Follow the on-line                in a direct final action without prior
                                                      Vessels are allowed to utilize New Pass                 instructions.                                          proposal because we believe these SIP
                                                      to access all areas inland of the                         2. Email: steckel.andrew@epa.gov.
                                                                                                                3. Mail or deliver: Andrew Steckel                   revisions are not controversial. If we
                                                      Demarcation Line via Sarasota Bay. New                                                                         receive adverse comments, however, we
                                                                                                              (Air-4), U.S. Environmental Protection
                                                      Pass may be opened at the discretion of                                                                        will publish a timely withdrawal of the
                                                                                                              Agency Region IX, 75 Hawthorne Street,
                                                      the Captain of the Port.                                                                                       direct final rule and address the
                                                                                                              San Francisco, CA 94105–3901.
                                                         (6) Persons and vessels may request                    Instructions: All comments will be                   comments in subsequent action based
                                                      authorization to enter, transit through,                included in the public docket without                  on this proposed rule. Please note that
                                                      anchor in, or remain within the                         change and may be made available                       if we receive adverse comment on an
                                                      regulated areas by contacting the                       online at www.regulations.gov,                         amendment, paragraph, or section of
                                                      Captain of the Port St. Petersburg by                   including any personal information                     this rule and if that provision may be
                                                      telephone at (727) 824–7506, or a                       provided, unless the comment includes                  severed from the remainder of the rule,
                                                      designated representative via VHF radio                 Confidential Business Information (CBI)                we may adopt as final those provisions
                                                      on channel 16. If authorization is                      or other information whose disclosure is               of the rule that are not the subject of an
                                                      granted by the Captain of the Port St.                  restricted by statute. Information that                adverse comment.
                                                      Petersburg or a designated                                                                                        We do not plan to open a second
                                                                                                              you consider CBI or otherwise protected
                                                      representative, all persons and vessels                                                                        comment period, so anyone interested
                                                                                                              should be clearly identified as such and
                                                      receiving such authorization must                                                                              in commenting should do so at this
                                                                                                              should not be submitted through
                                                      comply with the instructions of the                                                                            time. If we do not receive adverse
                                                                                                              www.regulations.gov or email.
                                                      Captain of the Port St. Petersburg or a                                                                        comments, no further activity is
                                                                                                              www.regulations.gov is an ‘‘anonymous
                                                      designated representative.                                                                                     planned. For further information, please
                                                                                                              access’’ system, and EPA will not know
                                                         (d) Enforcement period. This section                                                                        see the direct final action.
                                                                                                              your identity or contact information
                                                      will be enforced annually the first                     unless you provide it in the body of                     Dated: March 30, 2015.
                                                      Friday, Saturday, and Sunday of July                    your comment. If you send email                        Jared Blumenfeld,
                                                      from 10 a.m. to 5 p.m. EDT daily.                       directly to EPA, your email address will               Regional Administrator, Region IX.
                                                        Dated: April 2, 2015.                                 be automatically captured and included                 [FR Doc. 2015–09735 Filed 4–27–15; 8:45 am]
                                                      G.D. Case,                                              as part of the public comment. If EPA                  BILLING CODE 6560–50–P
                                                      Captain, U.S. Coast Guard, Captain of the               cannot read your comment due to
                                                      Port St. Petersburg.                                    technical difficulties and cannot contact
                                                      [FR Doc. 2015–09860 Filed 4–27–15; 8:45 am]             you for clarification, EPA may not be                  ENVIRONMENTAL PROTECTION
                                                      BILLING CODE 9110–04–P                                  able to consider your comment.                         AGENCY
                                                                                                              Electronic files should avoid the use of
                                                                                                              special characters, any form of                        40 CFR Part 52
                                                      ENVIRONMENTAL PROTECTION                                encryption, and be free of any defects or              [EPA–R06–OAR–2012–0098; FRL–9926–92–
                                                      AGENCY                                                  viruses.                                               Region–6]
                                                                                                                Docket: Generally, documents in the
                                                                                                              docket for this action are available                   Approval and Promulgation of Air
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      40 CFR Part 52
                                                                                                              electronically at www.regulations.gov                  Quality Implementation Plans; Texas;
                                                      [EPA–R09–OAR–2014–0873; FRL–9926–18–                    and in hard copy at EPA Region IX, 75                  Attainment Demonstration for the
                                                      Region 9]                                               Hawthorne Street, San Francisco,                       Dallas/Fort Worth 1997 8-Hour Ozone
                                                                                                              California 94105–3901. While all                       Nonattainment Area; Determination of
                                                      Revisions to the California State                                                                              Attainment of the 1997 Ozone Standard
                                                      Implementation Plan, Yolo-Solano Air                    documents in the docket are listed at
                                                      Quality Management District                             www.regulations.gov, some information                  AGENCY:  Environmental Protection
                                                                                                              may be publicly available only at the                  Agency (EPA).
                                                      AGENCY: Environmental Protection                        hard copy location (e.g., copyrighted
                                                                                                                                                                     ACTION: Proposed rule.
                                                      Agency (EPA).                                           material, large maps), and some may not


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                                                      23488                    Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Proposed Rules

                                                      SUMMARY:     The Environmental Protection               identity or contact information unless                    We are also proposing to determine
                                                      Agency (EPA) is proposing to                            you provide it in the body of your                     that the DFW ozone nonattainment area
                                                      disapprove revisions to the Texas State                 comment. If you send an email                          is currently in attainment of the 1997
                                                      Implementation Plan (SIP) submitted to                  comment directly to EPA without going                  ozone standard based on the most recent
                                                      meet certain requirements under section                 through www.regulations.gov your email                 3 years of quality-assured air quality
                                                      182(c) of the Clean Air Act (CAA or Act)                address will be automatically captured                 data. Certified ambient air monitoring
                                                      for the Dallas/Fort Worth (DFW)                         and included as part of the comment                    data show that the area has monitored
                                                      nonattainment area under the 1997 8-                    that is placed in the public docket and                attainment of the 1997 ozone NAAQS
                                                      hour ozone standard. The revisions                      made available on the Internet. If you                 for the 2012–2014 monitoring period.
                                                      address the attainment demonstration                    submit an electronic comment, EPA                      This action is also known as a ‘‘Clean
                                                      submitted on January 17, 2012, by the                   recommends that you include your                       Data Determination’’ (see 40 CFR
                                                      Texas Commission on Environmental                       name and other contact information in                  51.1118).
                                                      Quality (TCEQ) for the DFW Serious                      the body of your comment and with any                     This proposal is based on EPA’s
                                                      nonattainment area. The EPA is also                     disk or CD–ROM you submit. If EPA                      review of complete, quality assured and
                                                      proposing to determine that the DFW 8-                  cannot read your comment due to                        certified ambient air quality monitoring
                                                      hour ozone nonattainment area is                        technical difficulties and cannot contact              data for the 2010–2012 and 2012–2014
                                                      currently attaining the 1997 ozone                      you for clarification, EPA may not be                  monitoring periods that are available in
                                                      National Ambient Air Quality Standard                   able to consider your comment.                         the EPA Air Quality System (AQS). The
                                                      (NAAQS). This determination is based                    Electronic files should avoid the use of               AQS report for these monitors, for 2010
                                                      upon certified ambient air monitoring                   special characters, any form of                        through 2014, is provided in the docket
                                                      data that show the area has monitored                   encryption, and be free of any defects or              for this rulemaking.
                                                      attainment of the 1997 ozone NAAQS                      viruses.                                               II. Our Action Under Section 182(c) of
                                                      for the 2012–2014 monitoring period. If                    Docket: The index to the docket for                 the CAA (the Serious Area
                                                      this proposed determination is made                     this action is available electronically at             Requirements)
                                                      final, the requirements for this area to                www.regulations.gov and in hard copy
                                                      submit an attainment demonstration, a                   at EPA Region 6, 1445 Ross Avenue,                     A. Background
                                                      reasonable further progress (RFP) plan,                 Suite 700, Dallas, Texas. While all                    1. The National Ambient Air Quality
                                                      contingency measures, and other                         documents in the docket are listed in                  Standards
                                                      planning SIPs related to attainment of                  the index, some information may be                        Section 109 of the CAA requires the
                                                      the 1997 ozone NAAQS shall be                           publicly available only at the hard copy               EPA to establish NAAQS for pollutants
                                                      suspended for so long as the area                       location (e.g., copyrighted material), and             that may reasonably be anticipated to
                                                      continues to attain the 1997 ozone                      some may not be publicly available at                  endanger public health and welfare and
                                                      NAAQS. This proposed action is                          either location (e.g., CBI).                           to develop a primary and secondary
                                                      consistent with the requirements of                     FOR FURTHER INFORMATION CONTACT: Ms.                   standard for each NAAQS. The primary
                                                      section 110 and part D of the CAA.                      Carrie Paige, telephone (214) 665–6521,                standard is designed to protect human
                                                      DATES: Comments must be received on                     email address paige.carrie@epa.gov. To                 health with an adequate margin of safety
                                                      or before May 28, 2015.                                 inspect the hard copy materials, please                and the secondary standard is designed
                                                      ADDRESSES: Submit your comments,                        contact Ms. Paige or Mr. Bill Deese at                 to protect public welfare. The EPA has
                                                      identified by Docket No. EPA–R06–                       (214) 665–7253.                                        set NAAQS for six common air
                                                      OAR–2012–0098, by one of the                            SUPPLEMENTARY INFORMATION:                             pollutants, also referred to as criteria
                                                      following methods:                                      Throughout this document, ‘‘we,’’ ‘‘us,’’              pollutants: Carbon monoxide, lead,
                                                         • www.regulations.gov. Follow the                    and ‘‘our’’ means EPA.                                 nitrogen dioxide, ozone, particulate
                                                      on-line instructions.                                                                                          matter, and sulfur dioxide. These
                                                         • Email: Ms. Carrie Paige at                         Table of Contents                                      standards present state and local
                                                      paige.carrie@epa.gov.                                   I. What is the EPA proposing?                          governments with the minimum air
                                                         • Mail or delivery: Mr. Guy                          II. Our Action Under Section 182(c) of the             quality levels they must meet to comply
                                                      Donaldson, Chief, Air Planning Section                        CAA (the Serious Area Requirements)              with the Act.
                                                      (6PD–L), Environmental Protection                          A. Background
                                                      Agency, 1445 Ross Avenue, Suite 1200,                      B. What is the EPA proposing to                     2. What is a State Implementation Plan?
                                                      Dallas, Texas 75202–2733.                                     disapprove?                                         The SIP is a plan for clean air,
                                                         Instructions: Direct your comments to                   C. What are the consequences of a                   required by section 110 and other
                                                      Docket No. EPA–R06–OAR–2012–0098.                             disapproved SIP?                                 provisions of the CAA. The Act requires
                                                      EPA’s policy is that all comments                       III. Our Action Under the Clean Data                   states to develop air pollution
                                                                                                                    Determination
                                                      received will be included in the public                    A. Background
                                                                                                                                                                     regulations and control strategies to
                                                      docket without change and may be                           B. EPA’s Analysis of the Relevant Air               ensure that for each area designated
                                                      made available online at                                      Quality Data                                     nonattainment for a NAAQS, state air
                                                      www.regulations.gov, including any                      IV. Proposed Action                                    quality will improve and meet the
                                                      personal information provided, unless                   V. Statutory and Executive Order Reviews               NAAQS established by the EPA. A SIP
                                                      the comment includes information                                                                               is a set of air pollution regulations,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              I. What is the EPA proposing?
                                                      claimed to be Confidential Business                                                                            control strategies, other means or
                                                      Information (CBI) or other information                     The EPA is proposing to disapprove                  techniques, and technical analyses
                                                      whose disclosure is restricted by statute.              Texas’s 8-hour ozone attainment                        developed by the state, to ensure that
                                                      Do not submit information that you                      demonstration for the DFW Serious                      the state meets the NAAQS. A SIP
                                                      consider to be CBI or otherwise                         nonattainment area because the area                    protects air quality primarily by
                                                      protected through www.regulations.gov                   failed to attain the 1997 ozone NAAQS                  addressing air pollution at its point of
                                                      or email. The www.regulations.gov Web                   by the June 15, 2013 attainment date.                  origin. A SIP can be extensive,
                                                      site is an ‘‘anonymous access’’ system,                 EPA’s analysis and findings are                        containing state regulations or other
                                                      which means EPA will not know your                      discussed in this proposed rulemaking.                 enforceable documents, and supporting


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                                                                               Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Proposed Rules                                                   23489

                                                      information such as emissions                           23951). However, the DFW area failed to                plan and found that the State has
                                                      inventories, monitoring networks, and                   attain the 1997 ozone standard by June                 fulfilled the CAA requirements for
                                                      modeling demonstrations. When a state                   15, 2010, and was accordingly                          enhanced ambient monitoring and the
                                                      makes changes to the regulations and                    reclassified as a Serious ozone                        CFFPs (see 79 FR 67068). On March 27,
                                                      control strategies in its SIP, such                     nonattainment area with an attainment                  2015, the EPA approved the portion of
                                                      revisions must be submitted to the EPA                  date of no later than June 15, 2013 (75                the January 17, 2012 submittal that
                                                      for approval and incorporation into the                 FR 79302, December 20, 2010).                          addresses the RACT requirements (see
                                                      federally-enforceable SIP.                              Following reclassification to Serious,                 80 FR 16291).
                                                      3. What is ozone and what is the 1997                   the State submitted a revised attainment
                                                                                                                                                                     B. What is the EPA proposing to
                                                      8-hour ozone standard?                                  plan for the DFW area dated January 17,
                                                                                                                                                                     disapprove?
                                                                                                              2012. The area failed to attain the 1997
                                                         Ozone is a gas composed of three                     ozone standard by June 15, 2013, and in                   We are proposing to disapprove the
                                                      oxygen atoms. Ground-level ozone is                     a separate rulemaking, the EPA                         DFW Serious area attainment
                                                      generally not emitted directly from a                   proposed to determine that the area did                demonstration because it was not
                                                      vehicle’s exhaust or an industrial                      not attain the standard by the                         adequate for the area to attain the 1997
                                                      smokestack, but is created by a chemical                attainment date and to reclassify the                  ozone standard by its attainment date.
                                                      reaction between volatile organic                       area to Severe (see 80 FR 8274, February               Because we are disapproving the
                                                      compounds (VOCs) and oxides of                          17, 2015).                                             attainment demonstration, we must also
                                                      nitrogen (NOX) in the presence of                                                                              disapprove the associated RACM
                                                      sunlight.1 Ozone is known primarily as                  5. What is an attainment demonstration?                analysis and MVEBs that are included
                                                      a summertime air pollutant. Motor                          In general, an attainment                           within that attainment demonstration.
                                                      vehicle exhaust and industrial                          demonstration shows how an area will                   Under the Act’s RACM requirements, a
                                                      emissions, gasoline vapors, chemical                    achieve the standard as expeditiously as               State must implement all reasonable
                                                      solvents and natural sources emit NOX                   practicable, but no later than the                     measures. EPA relates this requirement
                                                      and VOCs. Urban areas tend to have                      attainment date specified for its                      to the attainment demonstration by
                                                      high concentrations of ground-level                     classification. A typical attainment                   interpreting the requirement to call for
                                                      ozone, but areas without significant                    demonstration is made with the use of                  any reasonable measures be
                                                      industrial activity and with relatively                 air quality models that simulate the                   implemented that would accelerate
                                                      low vehicular traffic are also subject to               changes of pollutant concentrations in                 attainment of the standard. Because of
                                                      increased ozone levels because wind                     the atmosphere encompassing the                        the relationship to the attainment
                                                      carries ozone and its precursors                        nonattainment area and thus is an                      demonstration, the RACM analysis
                                                      hundreds of miles from their sources.2                  estimate.4 As a part of this showing, the              cannot be approved. Finally, approvable
                                                         On July 18, 1997, the EPA                            demonstration should simulate                          MVEBs must be consistent with an
                                                      promulgated an 8-hour ozone NAAQS                       projected emissions growth due to                      approvable attainment plan.
                                                      of 0.08 parts per million (ppm), known                  factors such as population growth and
                                                      as the 1997 ozone standard.3 See 62 FR                  pollution reductions due to imposition                 C. What are the consequences of a
                                                      38856 and 40 CFR 50.10. Under EPA                       of controls.                                           disapproved SIP?
                                                      regulations at 40 CFR part 50, Appendix                                                                          This section explains the
                                                      I, the 1997 ozone standard is attained                  6. What did the state submit?
                                                                                                                                                                     consequences of disapproval of a SIP
                                                      when the 3-year average of the annual                      The TCEQ’s January 17, 2012                         that addresses a mandatory requirement
                                                      fourth highest daily maximum 8-hour                     attainment demonstration submittal for                 under the CAA. The CAA stipulates the
                                                      average ambient ozone concentration is                  the DFW Serious nonattainment area                     imposition of sanctions and the
                                                      less than or equal to 0.08 ppm.                         included air quality modeling and a                    promulgation of a federal
                                                      4. The DFW Nonattainment Area and Its                   weight-of-evidence analysis in which                   implementation plan (FIP) if EPA
                                                      Current Nonattainment Classification                    the state purported that the area would                disapproves a required plan submission
                                                      Under the 1997 Ozone Standard                           attain by the area’s attainment date of                and the deficiency is not corrected
                                                                                                              June 13, 2013; Motor Vehicle Emissions                 within the relevant timeframe.
                                                         On April 30, 2004, the EPA
                                                                                                              Budgets (MVEBs) for transportation
                                                      designated and classified the 9-county                                                                         1. What are the Act’s provisions for
                                                                                                              conformity purposes; an analysis for
                                                      DFW area (consisting of Collin, Dallas,                                                                        sanctions?
                                                                                                              Reasonably Available Control Measures
                                                      Denton, Ellis, Johnson, Kaufman,
                                                                                                              (RACM); an analysis for Reasonably                        If the EPA disapproves a required SIP
                                                      Parker, Rockwall and Tarrant counties)
                                                                                                              Available Control Technology (RACT);                   or component(s) of a required SIP,
                                                      as a Moderate nonattainment area under
                                                                                                              and a contingency plan. In addition, as                section 179(a) of the Act provides for
                                                      the 1997 ozone standard with an
                                                                                                              part of the submission, the state                      the imposition of sanctions unless the
                                                      attainment date of no later than June 15,
                                                      2010 (see 69 FR 23858 and 69 FR                         addressed the CAA requirements for                     deficiency is corrected within 18
                                                                                                              enhanced ambient monitoring and the                    months of the effective date of the final
                                                         1 VOC and NO are often referred to as                clean-fuel fleet programs (CFFPs) at                   disapproval. The imposition of
                                                                        X
                                                      ‘‘precursors’’ to ozone formation.                      section 182(c) of the Act. On November                 sanctions would be stayed if the state
                                                         2 For additional information on ozone, please        12, 2014, the EPA approved the RFP                     submits a SIP for which the EPA
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                                                      visit www.epa.gov/groundlevelozone.                     plan for the DFW Serious nonattainment                 proposes full or conditional approval
                                                         3 On March 27, 2008 (73 FR 16436), the EPA
                                                                                                              area 5 and the associated contingency                  and sanctions would not apply or would
                                                      promulgated a revised 8-hour ozone NAAQS of
                                                      0.075 ppm, known as the 2008 ozone standard. On                                                                be lifted once EPA approves a SIP
                                                                                                                4 For more information regarding an attainment
                                                      April 30, 2012, the EPA promulgated designations                                                               correcting the deficiency. Additionally,
                                                      under the 2008 ozone standard (77 FR 30088) and         demonstration, please see the General Preamble for
                                                                                                              the Implementation of Title I of the CAA
                                                                                                                                                                     if EPA finalizes a clean data
                                                      in that action, the EPA designated 10 counties in
                                                      the DFW area as a Moderate ozone nonattainment          Amendments of 1990 at 57 FR 13498, 13510 (April        determination (CDD) for the area within
                                                      area: Collin, Dallas, Denton, Ellis, Johnson,           16, 1992); 40 CFR 51.112; and 40 CFR 51.908.
                                                      Kaufman, Parker, Rockwall, Tarrant, and Wise. The         5 Separately on January 17, 2012, the TCEQ           That submittal and EPA’s action are available at
                                                      EPA’s actions herein do not address the DFW             submitted the RFP plan, with contingency               www.regulations.gov, docket number EPA–R06–
                                                      nonattainment area for the 2008 ozone standard.         measures, for the DFW Serious nonattainment area.      OAR–2012–0099.



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                                                      23490                    Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Proposed Rules

                                                      the 18 months, the sanctions clocks will                4. What are the ramifications regarding                section 107(d)(3)(E) of the Act, and if
                                                      be tolled so long as the area remains                   conformity?                                            EPA determines that the area
                                                      clean. If the deficiency is not corrected                  In an attainment demonstration SIP                  subsequently violates the standard, that
                                                      within such timeframe and no CDD is                     the state addresses, among other issues,               suspension of the requirement to submit
                                                      finalized, the first sanction would apply               transportation conformity. Conformity                  the attainment planning SIP provisions
                                                      18 months after the EPA’s disapproval                   to a SIP means that transportation                     is lifted, and those requirements are
                                                      of the SIP is effective. Under the EPA’s                activities will not produce new air                    once again due. Even though EPA has
                                                      sanctions regulations at 40 CFR 52.31,                  quality violations, worsen existing                    finalized revocation of the 1997 eight-
                                                      the first sanction would be an offset                   violations, or delay timely attainment of              hour ozone NAAQS, under 40 CFR
                                                      ratio of 2:1 for sources subject to the                 the NAAQS. Conformity is required by                   51.1118, an area remains subject to the
                                                      new source review requirements under                    section 176(c) of the Act for ensuring                 obligations for a revoked NAAQS under
                                                      section 173 of the Act. The second                      that the effects of emissions from all on-             40 CFR 51, Appendix S to Subpart AA,
                                                      sanction would apply 24 months after                    road sources are consistent with                       Section VII(A) until either (i) the area is
                                                      the effective date of the final                         attainment of the standard. The federal                redesignated to attainment for the 2008
                                                      disapproval, unless the deficiency is                   conformity rules at 40 CFR 93.120                      ozone NAAQS; or (ii) the EPA approves
                                                      corrected by that time. The second                      require the implementation of a                        a demonstration for the area in a
                                                      sanction is a limitation on the use of                  conformity freeze when the EPA                         redesignation substitute procedure for a
                                                      federal highway funds as provided by                    disapproves an attainment                              revoked NAAQS per the provisions of
                                                      section 179(b)(1) of the Act. The EPA                   demonstration SIP. A conformity freeze                 § 51.1105(b). Under this redesignation
                                                      also has authority under CAA section                    can affect an area’s long range                        substitute procedure for a revoked
                                                      110(m) to sanction a broader area, but is               transportation plans and transportation                NAAQS, and for this limited anti-
                                                      not proposing to take such action in                    improvement programs (TIPs). However,                  backsliding purpose, the demonstration
                                                      today’s rulemaking.                                     EPA’s final rule addressing SIP                        must show that the area has attained
                                                                                                              requirements under the 2008 ozone                      that revoked NAAQS due to permanent
                                                      2. What are the Act’s provisions for a
                                                                                                              standard and revoking the 1997 ozone                   and enforceable emission reductions
                                                      Federal Implementation Plan?
                                                                                                              standard for all purposes, including                   and that the area will maintain that
                                                         In addition to sanctions, if the EPA                                                                        revoked NAAQS for 10 years from the
                                                      disapproves the required SIP revision,                  transportation conformity, became
                                                                                                              effective on April 6, 2015 (see 80 FR                  date of EPA’s approval of this showing.
                                                      or a portion thereof, section 110(c)(1) of                                                                     We also note that the Clean Data
                                                      the Act provides that the EPA must                      12264). Therefore, no conformity freeze
                                                                                                                                                                     Determination does not constitute a
                                                      promulgate a FIP no later than 2 years                  will occur for the DFW area upon a final
                                                                                                                                                                     Determination of Attainment by an
                                                      from the effective date of the                          disapproval (see 80 FR 12264, 12284).
                                                                                                                                                                     Area’s Attainment Date under sections
                                                      disapproval if the deficiency has not                   III. Our Action Under the Clean Data                   179(c) and 181(b)(2) of the Act.
                                                      been corrected within that time period.                 Determination
                                                      The deficiency would be corrected if the                                                                       B. EPA’s Analysis of the Relevant Air
                                                                                                              A. Background                                          Quality Data
                                                      state submits and EPA approves a SIP
                                                      correcting the deficiency.                                 If EPA’s determination that the area is                For ozone, an area is considered to be
                                                                                                              currently attaining the eight-hour ozone               attaining the 1997 ozone NAAQS if
                                                      3. What action would stop the                           standard is finalized, 40 CFR 51.1118 of               there are no violations, as determined in
                                                      imposition of sanctions and a FIP?                      EPA’s ozone implementation rule                        accordance with 40 CFR part 50, based
                                                         The State must address the deficiency                provides that the requirements for the                 on three complete, consecutive calendar
                                                      forming the basis of the disapproval.                   States to submit certain RFP plans,                    years of quality-assured air quality
                                                      The sanctions and FIP clocks would                      attainment demonstrations, contingency                 monitoring data. Under EPA regulations
                                                      also stop (or any imposed sanctions                     measures and any other attainment                      at 40 CFR part 50, the 1997 ozone
                                                      would be lifted) if the area attains the                planning requirements of the CAA                       standard is attained when the 3-year
                                                      1997 ozone standard and EPA approves                    related to attainment of that standard                 average of the annual fourth-highest
                                                      a redesignation substitute for the 1997                 shall be suspended for as long as the                  daily maximum 8-hour average ozone
                                                      ozone NAAQS.6 Alternatively, if EPA                     area continues to attain the standard.                 concentrations at an ozone monitor is
                                                      finalizes the Clean Data Determination                  However, a CDD does not constitute a                   less than or equal to 0.08 parts per
                                                      (CDD) it is proposing in this action, the               redesignation to attainment under                      million (ppm), (i.e., 0.084 ppm, when
                                                      sanctions clock and EPA’s obligation to                                                                        rounding, based on the truncating
                                                      promulgate an attainment                                of attainment would suspend the obligation to          conventions in 40 CFR part 50,
                                                      demonstration FIP would be tolled for                   submit attainment planning SIP elements for the        Appendix P). This 3-year average is
                                                                                                              2008 ozone NAAQS. Such a determination would           referred to as the design value. When
                                                      so long as the CDD remains in place.7                   suspend the obligation to submit any attainment-
                                                                                                              related SIP elements not yet approved in the SIP,      the design value is less than or equal to
                                                         6 In EPA’s final rule to implement SIP
                                                                                                              for so long as the area continues to attain the 2008   0.084 ppm at each monitor within the
                                                      requirements under the 2008 ozone standard (the         ozone NAAQS. In addition, the EPA replaced 40          area, then the area is meeting the
                                                      SIP requirements rule or SRR), among other things,      CFR 51.918 with 40 CFR 51.1118 to consolidate in
                                                      we revoked the 1997 ozone standard and finalized
                                                                                                                                                                     NAAQS. Also, the data completeness
                                                                                                              one regulation a comprehensive provision
                                                      a redesignation substitute procedure for a revoked      applicable to determinations of attainment for the     requirement is met when the average
                                                                                                                                                                     percent of days with valid ambient
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                                                      standard. See 80 FR 12264, March 6, 2015 and 40         current and former ozone NAAQS. Thus, 40 CFR
                                                      CFR 51.1105(b). Under this redesignation substitute     51.1118 will apply to a determination of attainment    monitoring data is greater than or equal
                                                      procedure for a revoked NAAQS, the demonstration        that is made with respect to any revoked or current    to 90%, and no single year has less than
                                                      must show that the area has attained that revoked       ozone NAAQS—the 1-hour, the 1997 or the 2008
                                                      NAAQS due to permanent and enforceable                  ozone NAAQS. Accordingly, a final CDD would
                                                                                                                                                                     75% data completeness as determined
                                                      emission reductions and that the area will maintain     suspend the duty to submit the Serious area SIP        in Appendix P of 40 CFR part 50. The
                                                      that revoked NAAQS for 10 years from the date of        revisions and the sanctions and FIP clocks.            data must be collected and quality-
                                                      EPA’s approval of this showing.                         However, should the area violate the 1997 ozone        assured in accordance with 40 CFR part
                                                         7 In the SRR, the EPA finalized the same approach    standard after the CDD is finalized, the EPA would
                                                      with respect to the Clean Data Policy for the 2008      rescind the CDD and the sanctions and FIP clocks
                                                                                                                                                                     58, and recorded in the EPA Air Quality
                                                      ozone NAAQS as it applied in the Phase 1 Rule for       would resume. See 80 FR 12264, 12296 and 12317         System (AQS). The monitors generally
                                                      the 1997 ozone NAAQS. That is, a determination          and 40 CFR 51.1118.                                    should have remained at the same


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                                                                                      Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Proposed Rules                                                           23491

                                                      location for the duration of the                                      2014 ozone season data for all the ozone                     DFW area is attaining the 1997 ozone
                                                      monitoring period required for                                        monitors in the DFW area have been                           NAAQS.
                                                      demonstrating attainment. For ease of                                 quality assured and certified by the                           Table 1 shows the fourth-highest daily
                                                      communication, many reports of ozone                                  EPA. The design value for 2012–2014 is                       maximum 8-hour average ozone
                                                      concentrations are given in parts per                                 81 ppb. At the time of this writing, the                     concentrations for the DFW
                                                      billion (ppb); ppb = ppm × 1,000. Thus,                               preliminary ozone data for 2015 are                          nonattainment area monitors for the
                                                      0.084 ppm equals 84 ppb.                                              posted on the TCEQ Web site, but are                         years 2012–2014. (To find the overall
                                                        The EPA reviewed the DFW area                                       not yet posted in AQS.8 The data for the                     design value for the area for a given
                                                      ozone monitoring data from ambient                                    three ozone seasons 2012–2014, and                           year, simply find the highest design
                                                      ozone monitoring stations for the ozone                               preliminary data for 2015, show that the                     value from any of the 17 monitors for
                                                      seasons 2012 through 2014. The 2012–                                                                                               that year.)

                                                        TABLE 1—THE DFW AREA FOURTH HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS AND DESIGN VALUES (PPM) FOR
                                                                                                  2012–2014
                                                                                                                                                                                   4th Highest daily max                 Design value
                                                                                              Site name and No.                                                                                                          (2012–2014)
                                                                                                                                                                           2012            2013            2014

                                                      Fort Worth Northwest, 48–439–1002 ..............................................................                        0.077              0.084        0.079             0.080
                                                      Keller, 48–439–2003 ........................................................................................            0.079              0.080        0.074             0.077
                                                      Frisco, 48–085–0005 .......................................................................................             0.084              0.078        0.074             0.078
                                                      Midlothian OFW, 48–139–0016 .......................................................................                     0.078              0.075        0.062             0.071
                                                      Denton Airport South, 48–121–0034 ...............................................................                       0.081              0.085        0.077             0.081
                                                      Arlington Municipal Airport, 48–439–3011 .......................................................                        0.092              0.068        0.065             0.075
                                                      Dallas North No. 2, 48–113–0075 ...................................................................                     0.086              0.077        0.070             0.077
                                                      Rockwall Heath, 48–397–0001 ........................................................................                    0.080              0.073        0.066             0.073
                                                      Grapevine Fairway, 48–439–3009 ..................................................................                       0.086              0.083        0.073             0.080
                                                      Kaufman, 48–257–0005 ..................................................................................                 0.073              0.075        0.062             0.070
                                                      Eagle Mountain Lake, 48–439–0075 ...............................................................                        0.087              0.077        0.073             0.079
                                                      Parker County, 48–367–0081 ..........................................................................                   0.076              0.074        0.072             0.074
                                                      Cleburne Airport, 48–251–0003 ......................................................................                    0.082              0.077        0.071             0.076
                                                      Dallas Hinton St., 48–113–0069 ......................................................................                   0.087              0.081        0.066             0.078
                                                      Dallas Executive Airport, 48–113–0087 ..........................................................                        0.085              0.074        0.062             0.073
                                                      Pilot Point, 48–121–1032 ................................................................................               0.078              0.084        0.075             0.079
                                                      Italy, 48–139–1044 ..........................................................................................           0.071              0.072        0.060             0.067



                                                      As shown in Table 1, the 8-hour ozone                                 its June 15, 2013 attainment date, and                       A. Executive Order 12866: Regulatory
                                                      design value for 2012–2014, which is                                  thus we have determined that the plan                        Planning and Review and Executive
                                                      based on a three-year average of the                                  was insufficient to demonstrate                              Order 13563: Improving Regulation and
                                                      fourth-highest daily maximum average                                  attainment by the attainment date. The                       Regulatory Review
                                                      ozone concentration at the monitor                                    EPA is also proposing to determine that
                                                      recording the highest concentrations, is                                                                                              This proposed action is not a
                                                                                                                            the DFW 8-hour ozone nonattainment                           ‘‘significant regulatory action’’ under
                                                      81 ppb, which meets the 1997 ozone                                    area is currently attaining the 1997
                                                      NAAQS. Data for 2015 not yet certified                                                                                             the terms of Executive Order 12866 (58
                                                                                                                            ozone NAAQS. This determination is                           FR 51735, October 4, 1993) and is
                                                      also indicate that the area continues to                              based upon certified ambient air
                                                      attain the 1997 ozone NAAQS. The AQS                                                                                               therefore not subject to review under
                                                                                                                            monitoring data that show the area has                       Executive Orders 12866 and 13563 (76
                                                      data reports for the DFW area for the
                                                                                                                            monitored attainment of the 1997 ozone                       FR 3821, January 21, 2011).
                                                      three years 2012 through 2014 and a
                                                      technical support document are                                        NAAQS for the 2012–2014 monitoring
                                                                                                                            period.                                                      B. Paperwork Reduction Act
                                                      included in the docket for this
                                                      rulemaking.                                                           V. Statutory and Executive Order                               This proposed action does not impose
                                                                                                                                                                                         an information collection burden under
                                                      IV. Proposed Action                                                   Reviews
                                                                                                                                                                                         the provisions of the Paperwork
                                                         The EPA is proposing to disapprove                                   Under the CAA, the Administrator is                        Reduction Act, 44 U.S.C. 3501 et seq.,
                                                      certain elements of the attainment                                    required to approve a SIP submission                         because this proposed SIP disapproval
                                                      demonstration SIP submitted by the                                    that complies with the provisions of the                     under section 110 and subchapter I, part
                                                      TCEQ for the DFW Serious ozone                                        Act and applicable Federal regulations.                      D of the CAA will not in-and-of itself
                                                      nonattainment area under the 1997 8-                                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                          create any new information collection
                                                      hour ozone NAAQS. Specifically, we                                    Thus, in reviewing SIP submissions,                          burdens but simply disapproves certain
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                                                      are proposing to disapprove the                                       EPA’s role is to act on state law as                         State requirements for inclusion into the
                                                      attainment demonstration, the                                                                                                      SIP. Burden is defined at 5 CFR
                                                                                                                            meeting Federal requirements and does
                                                      demonstration for RACM, and the                                                                                                    1320.3(b).
                                                                                                                            not impose additional requirements
                                                      attainment demonstration MVEBs for                                                                                                 C. Regulatory Flexibility Act
                                                                                                                            beyond those imposed by state law.
                                                      2012. The EPA is proposing to
                                                      disapprove these SIP revisions because                                                                                               The Regulatory Flexibility Act (RFA)
                                                      the area failed to attain the standard by                                                                                          generally requires an agency to conduct


                                                        8 See http://www.tceq.texas.gov/agency/data/

                                                      ozone_data.html.


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                                                      23492                    Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Proposed Rules

                                                      a regulatory flexibility analysis of any                private sector. This action proposes to                economically significant regulatory
                                                      rule subject to notice and comment                      disapprove pre-existing requirements                   action based on health or safety risks
                                                      rulemaking requirements unless the                      under State or local law, and imposes                  subject to Executive Order 13045 (62 FR
                                                      agency certifies that the rule will not                 no new requirements. Accordingly, no                   19885, April 23, 1997). This proposed
                                                      have a significant economic impact on                   additional costs to State, local, or tribal            SIP disapproval under section 110 and
                                                      a substantial number of small entities.                 governments, or to the private sector,                 subchapter I, part D of the CAA will not
                                                      Small entities include small businesses,                result from this action.                               in-and-of itself create any new
                                                      small not-for-profit enterprises, and                                                                          regulations but simply disapproves
                                                                                                              E. Executive Order 13132, Federalism
                                                      small governmental jurisdictions. For                                                                          certain State requirements for inclusion
                                                      purposes of assessing the impacts of                       Executive Order 13132, entitled                     into the SIP.
                                                      today’s rule on small entities, small                   ‘‘Federalism’’ (64 FR 43255, August 10,
                                                                                                              1999), requires EPA to develop an                      H. Executive Order 13211, Actions That
                                                      entity is defined as: (1) A small business
                                                      as defined by the Small Business                        accountable process to ensure                          Significantly Affect Energy Supply,
                                                      Administration’s (SBA) regulations at 13                ‘‘meaningful and timely input by State                 Distribution or Use
                                                      CFR 121.201; (2) a small governmental                   and local officials in the development of                This proposed action is not subject to
                                                      jurisdiction that is a government of a                  regulatory policies that have federalism               Executive Order 13211 (66 FR 28355,
                                                      city, county, town, school district or                  implications.’’ ‘‘Policies that have                   May 22, 2001) because it is not a
                                                      special district with a population of less              federalism implications’’ is defined in                significant regulatory action under
                                                      than 50,000; and (3) a small                            the Executive Order to include                         Executive Order 12866.
                                                      organization that is any not-for-profit                 regulations that have ‘‘substantial direct
                                                                                                              effects on the States, on the relationship             I. National Technology Transfer and
                                                      enterprise which is independently                                                                              Advancement Act
                                                      owned and operated and is not                           between the national government and
                                                      dominant in its field.                                  the States, or on the distribution of                     Section 12(d) of the National
                                                         After considering the economic                       power and responsibilities among the                   Technology Transfer and Advancement
                                                      impacts of today’s proposed rule on                     various levels of government.’’                        Act of 1995 (‘‘NTTAA’’), Public Law
                                                      small entities, I certify that this action                 This proposed action does not have                  104–113, section 12(d) (15 U.S.C. 272
                                                      will not have a significant impact on a                 federalism implications. It will not have              note) directs EPA to use voluntary
                                                      substantial number of small entities.                   substantial direct effects on the States,              consensus standards in its regulatory
                                                      This rule does not impose any                           on the relationship between the national               activities unless to do so would be
                                                      requirements or create impacts on small                 government and the States, or on the                   inconsistent with applicable law or
                                                      entities. This proposed SIP disapproval                 distribution of power and                              otherwise impractical. Voluntary
                                                      under section 110 and subchapter I, part                responsibilities among the various                     consensus standards are technical
                                                      D of the CAA will not in-and-of itself                  levels of government, as specified in                  standards (e.g., materials specifications,
                                                      create any new requirements but simply                  Executive Order 13132, because it                      test methods, sampling procedures, and
                                                      disapproves certain State requirements                  merely disapproves certain State                       business practices) that are developed or
                                                      for inclusion into the SIP. Accordingly,                requirements for inclusion into the SIP                adopted by voluntary consensus
                                                      it affords no opportunity for EPA to                    and does not alter the relationship or                 standards bodies. NTTAA directs EPA
                                                      fashion for small entities less                         the distribution of power and                          to provide Congress, through OMB,
                                                      burdensome compliance or reporting                      responsibilities established in the CAA.               explanations when the Agency decides
                                                      requirements or timetables or                           Thus, Executive Order 13132 does not                   not to use available and applicable
                                                      exemptions from all or part of the rule.                apply to this action.                                  voluntary consensus standards.
                                                      The fact that the CAA prescribes that                                                                             The EPA believes that this proposed
                                                      various consequences (e.g., higher offset               F. Executive Order 13175, Coordination                 action is not subject to requirements of
                                                      requirements) may or will flow from                     With Indian Tribal Governments                         Section 12(d) of NTTAA because
                                                      this disapproval does not mean that                       The SIP is not approved to apply on                  application of those requirements would
                                                      EPA either can or must conduct a                        any Indian reservation land or in any                  be inconsistent with the CAA.
                                                      regulatory flexibility analysis for this                other area where EPA or an Indian tribe
                                                                                                              has demonstrated that a tribe has                      J. Executive Order 12898: Federal
                                                      action. Therefore, this action will not
                                                                                                              jurisdiction. In those areas of Indian                 Actions To Address Environmental
                                                      have a significant economic impact on
                                                                                                              country, this proposed action does not                 Justice in Minority Populations and
                                                      a substantial number of small entities.
                                                                                                              have tribal implications and will not                  Low-Income Populations
                                                         We continue to be interested in the
                                                      potential impacts of this proposed rule                 impose substantial direct costs on tribal                 Executive Order 12898 (59 FR 7629,
                                                      on small entities and welcome                           governments or preempt tribal law as                   February 16, 1994) establishes federal
                                                      comments on issues related to such                      specified by Executive Order 13175 (65                 executive policy on environmental
                                                      impacts.                                                FR 67249, November 9, 2000).                           justice. Its main provision directs
                                                                                                                                                                     federal agencies, to the greatest extent
                                                      D. Unfunded Mandates Reform Act                         G. Executive Order 13045, Protection of                practicable and permitted by law, to
                                                         This action contains no Federal                      Children From Environmental Health                     make environmental justice part of their
                                                      mandates under the provisions of Title                  Risks and Safety Risks                                 mission by identifying and addressing,
                                                      II of the Unfunded Mandates Reform                         EPA interprets Executive Order 13045                as appropriate, disproportionately high
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Act of 1995 (UMRA), 2 U.S.C. 1531–                      (62 FR 19885, April 23, 1997) as                       and adverse human health or
                                                      1538 for State, local, or tribal                        applying only to those regulatory                      environmental effects of their programs,
                                                      governments or the private sector.’’ EPA                actions that concern health or safety                  policies, and activities on minority
                                                      has determined that the proposed                        risks, such that the analysis required                 populations and low-income
                                                      disapproval action does not include a                   under section 5–501 of the Executive                   populations in the United States.
                                                      Federal mandate that may result in                      Order has the potential to influence the                  EPA lacks the discretionary authority
                                                      estimated costs of $100 million or more                 regulation. This proposed action is not                to address environmental justice in this
                                                      to either State, local, or tribal                       subject to Executive Order 13045                       proposed action. In reviewing SIP
                                                      governments in the aggregate, or to the                 because it because it is not an                        submissions, EPA’s role is to approve or


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                                                                               Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Proposed Rules                                            23493

                                                      disapprove state choices, based on the                  FOR FURTHER INFORMATION CONTACT:     If                limitations, and freeboard assignment as
                                                      criteria of the CAA. Accordingly, this                  you have questions on this notice,                     for the Burns Harbor route. Barges more
                                                      action merely proposes to disapprove                    contact Mr. Thomas Jordan, Naval                       than 10 years old are required to have
                                                      certain State requirements for inclusion                Architecture Division (CG–ENG–2), U.S.                 an initial dry-dock inspection to verify
                                                      into the SIP under section 110 and                      Coast Guard Headquarters, at telephone                 the material condition of the hull, but a
                                                      subchapter I, part D of the CAA and will                202–372–1370, or by email at                           newer barge could obtain the special LL
                                                      not in-and-of itself create any new                     thomas.d.jordan@uscg.mil. If you have                  provided it passed an initial afloat
                                                      requirements. Accordingly, it does not                  questions on viewing or submitting                     inspection by the American Bureau of
                                                      provide EPA with the discretionary                      material to the docket, call Cheryl                    Shipping (ABS). All barges were subject
                                                      authority to address, as appropriate,                   Collins, Program Manager, Docket                       to annual ABS inspections to verify that
                                                      disproportionate human health or                        Operations, telephone 202–366–9826.                    they were being maintained in a
                                                      environmental effects, using practicable                   All Federal Register notices, public                seaworthy condition. Tows are limited
                                                      and legally permissible methods, under                  comments, and other documents cited                    to three barges, and the towing vessel
                                                      Executive Order 12898.                                  in this notice may be viewed in the on-                must be least 1,000 HP.
                                                                                                              line docket at www.regulations.gov                        Milwaukee route risk assessment
                                                      K. Statutory Authority                                  (enter docket number ‘‘USCG–2014–                      study: However, the towing industry
                                                         The statutory authority for this action              0954’’ in the search box).                             still considered the cost of the special
                                                      is provided by section 110 of the CAA,                  SUPPLEMENTARY INFORMATION:                             LL assignment to be too prohibitive for
                                                      as amended (42 U.S.C. 7410).                                                                                   establishing river barge service to
                                                                                                              Regulatory History and Background:                     Milwaukee. Accordingly, in 2000, the
                                                      List of Subjects in 40 CFR Part 52                         The purpose of a load line (LL)                     Port of Milwaukee organized a risk
                                                        Environmental protection, Air                         assignment is to ensure that a vessel is               assessment (RA) working group that
                                                      pollution control, Incorporation by                     seaworthy for operation on exposed                     included port officials, towing & barge
                                                      reference, Intergovernmental relations,                 coastal and offshore waters, including                 companies, and terminal operators (the
                                                      Ozone, Reporting and recordkeeping                      the Great Lakes. In general, LL                        Risk Assessment report can be viewed
                                                      requirements, Volatile organic                          assignment requires that vessels are                   on-line in the docket). The RA group
                                                      compounds.                                              robustly constructed, fitted with                      reviewed meteorological information
                                                        Dated: April 17, 2015.
                                                                                                              watertight and weathertight closures,                  and evaluated the viability of the ports
                                                                                                              and are inspected annually to ensure                   of refuge along the route, and concluded
                                                      Ron Curry,
                                                                                                              that they are being maintained in a                    that restricting the age of eligible rivers
                                                      Regional Administrator, Region 6.                       seaworthy condition. (A more-detailed                  barges to 10 years, in conjuction with
                                                      [FR Doc. 2015–09901 Filed 4–27–15; 8:45 am]             discussion of LL assignment is given in                self-inspection and self-certication by
                                                      BILLING CODE 6560–50–P                                  our previous Notice of Availability, 79                barge owners/operators, provided the
                                                                                                              FR 30061 on May 27, 2014.)                             same level of seaworthiness assurance
                                                                                                                 Because river barges are not typically              as LL assignment by ABS.
                                                      DEPARTMENT OF HOMELAND                                  constructed to the required hull strength                 The RA meetings were attended by
                                                      SECURITY                                                standards for load line assignment, nor                USCG representatives, and the
                                                                                                              subject to the same periodic inspections,              recommendations were reviewed by the
                                                      Coast Guard                                             they are not normally allowed to operate               Ninth Coast Guard District, which
                                                                                                              on the Great Lakes. However, certain                   endorsed them. The Milwaukee route
                                                      46 CFR Part 45                                          river barges are allowed on carefully-                 exemption went into effect in 2002.
                                                      [Docket No. USCG–2013–0954]                             evaluated routes, under restricted                        Muskegon route: Meanwhile, in 1996,
                                                                                                              conditions as follows. There are                       the special LL regime for the Milwaukee
                                                      Special Load Line Exemption for Lake                    currently three such routes on Lake                    route was extended along the eastern
                                                      Michigan/Muskegon Route: Petition for                   Michigan:                                              shore of Lake Michigan to Muskegon, a
                                                      Rulemaking                                                 Burns Harbor route: In 1985, a LL-                  distance of 119 NM beyond Burns
                                                                                                              exempted route was established along                   Harbor. River barges can still operate as
                                                      AGENCY:   Coast Guard, DHS.                             the southern shore of Lake Michigan to                 far as Burns Harbor without any LL, but
                                                      ACTION:   Notice of decision.                           allow river barges to operate under fair               must obtain the special LL to proceed
                                                                                                              weather conditions between Calumet                     beyond that point to Muskegon.
                                                      SUMMARY:   On May 27, 2014, the Coast                   (Chicago), IL, and Burns Harbor, IN, a                 Recognizing the longer distance and
                                                      Guard published a Notice of Availability                distance of 27 nautical miles (NM), with               more severe weather conditions on the
                                                      and Request for Public Comment                          several ports of refuge along the way                  eastern side of Lake Michigan, there
                                                      regarding a petition for a rulemaking                   (the longest distance between them is                  were some additional requirements
                                                      action. The petition requested that the                 just 11 NM). The tows must remain                      pertaining to the towing vessel.
                                                      Coast Guard establish a load line-                      within 5 NM of shore, and the barges are                  Because the Muskegon route was not
                                                      exempted route on Lake Michigan,                        prohibited from carrying liquid or                     evaluated as part of the Milwaukee risk
                                                      along the eastern coast to Muskegon, MI.                hazardous cargoes, and must have a                     assessment study, it was not included in
                                                      Upon review of the comments as well as                  minimum freeboard of 24 inches.                        the exemption.
                                                      analysis of safety considerations and                      Milwaukee route: In 1992, a special                    Petition for LL exemption on the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      other factors described in the discussion               LL regime was established along the                    Muskegon route: In October 2013, the
                                                      section, the Coast Guard has decided                    western shore of Lake Michigan,                        Coast Guard received two letters
                                                      not to proceed with the requested                       between Calumet and Milwaukee, WI, a                   requesting that we establish a load line
                                                      rulemaking. The public comments, and                    distance of 92 NM (the longest distance                exemption for river barges on the
                                                      the Coast Guard’s reasoning for its                     between ports of refuge is 33 NM). This                Muskegon route. The basis for the
                                                      decision, are discussed in this notice.                 special LL regime revised the normal                   request was that the LL requirements
                                                      DATES: The petition for rulemaking                      robust construction requirements for a                 (route restrictions and load line
                                                      published on May 27, 2014 (79 FR                        Great Lakes LL, in conjunction with                    inspection requirements) were
                                                      30061) is denied.                                       similar cargo restrictions, weather                    preventing Michigan from transporting


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Document Created: 2015-12-16 08:35:58
Document Modified: 2015-12-16 08:35:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before May 28, 2015.
ContactMs. Carrie Paige, telephone (214) 665-
FR Citation80 FR 23487 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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