80 FR 8274 - Determination of Nonattainment and Reclassification of the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Texas
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 31 (February 17, 2015)
Federal Register Volume 80, Issue 31 (February 17, 2015)
| Page Range | 8274-8278 | |
| FR Document | 2015-03152 |
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)] [Proposed Rules] [Pages 8274-8278] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03152] [[Page 8274]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R06-OAR-2014-0536; FRL-9923-13-Region 6] Determination of Nonattainment and Reclassification of the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Texas AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to determine that the Dallas/Fort Worth (DFW) 8-hour ozone nonattainment area did not attain the 1997 8-hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2013, the attainment deadline set forth in the Code of Federal Regulations (CFR) for a Serious ozone nonattainment area under this standard. This proposal is based on EPA's review of complete, quality assured and certified ambient air quality monitoring data for the 2010-2012 monitoring period that are available in the EPA Air Quality System (AQS) database. If the EPA finalizes this determination, the DFW area will be reclassified by operation of law as a Severe ozone nonattainment area for the 1997 8-hour ozone standard. The EPA is also proposing that Texas must submit to the EPA the State Implementation Plan (SIP) revisions to address the Severe ozone nonattainment area requirements of the Act no later than one year after the effective date of the final rulemaking for this reclassification. DATES: Comments must be received on or before March 19, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06- OAR-2014-0536, by one of the following methods:www.regulations.gov. Follow the on-line instructions. Email: Ms. Carrie Paige at [email protected]. Mail: 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 ID No. EPA-R06-OAR- 2014-0536. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through http://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which means that 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 http://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 along with any disk or CD-ROM submitted. 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 and any form of encryption and should be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. 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). To inspect the hard copy materials, please schedule an appointment with the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section (6PD-L); telephone (214) 665-6521; email address [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' means the EPA. Table of Contents I. Background II. EPA's Evaluation of the DFW Area's 1997 8-Hour Ozone Data III. The Consequences of Reclassification IV. The 2008 Ozone Standard and Its Effect on Reclassification of the DFW Area V. Proposed Action VI. Statutory and Executive Order Reviews I. Background A. The National Ambient Air Quality Standards Section 109 of the Clean Air Act (CAA or Act) requires the EPA to establish a 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 and the environment. 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. Also, these standards provide information to residents of the United States about the air quality in their communities. B. The 1997 8-Hour Ozone Standard Ozone is a gas composed of three oxygen atoms. It is not usually emitted directly into the air, but at ground level is created by a chemical reaction between volatile organic compounds (VOCs) and oxides of nitrogen (NO X ) in the presence of sunlight.\1\ On July 18, 1997, the EPA promulgated an 8-hour ozone standard of 0.08 parts per million (ppm).\2\ See 62 FR 38856 and 40 CFR 50.10. --------------------------------------------------------------------------- \1\ For additional information on ozone, please visit www.epa.gov/groundlevelozone. \2\ In this action we refer to the 1997 8-hour ozone standard as ``the 1997 ozone standard.'' --------------------------------------------------------------------------- Consistent with the EPA regulations in section 2.3 of 40 CFR part 50, Appendix I: ``The primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the 3- year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm. The number of significant figures in the level of the standard dictates the rounding convention for comparing the computed 3-year average annual fourth- highest daily maximum 8-hour average ozone concentration with the level of the standard. The third decimal place of the computed value is rounded, with values equal to or greater than 5 rounding up. Thus, a computed 3-year average ozone concentration of 0.085 ppm is the smallest value that is greater than 0.08 ppm.'' \3\ In addition, [[Page 8275]] the ambient air quality monitoring data for the 3-year period must meet a data completeness requirement, which is met when the average percentage of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix I of part 50. --------------------------------------------------------------------------- \3\ For ease of communication, many reports of ozone concentrations are given in parts per billion (ppb); ppb = ppm x 1000. Thus, 0.085 ppm becomes 85 ppb. --------------------------------------------------------------------------- C. The SIP and its Relation to the 1997 Ozone Standard 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 meet the NAAQS established by the EPA. Each state must submit these regulations and control strategies to the EPA for approval and incorporation into the Federally-enforceable SIP. Each Federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin. The SIPs may contain state regulations or other enforceable documents and supporting information such as emission inventories, monitoring networks, and modeling demonstrations. For ozone nonattainment areas, requirements for SIPs are contained in Part D, subparts 1 and 2 of the Act. Under subpart 2, the applicable control requirements become increasingly more stringent according to an area's classification. The five classifications are Marginal, Moderate, Serious, Severe or Extreme, with Marginal areas subject to the least stringent requirements and Extreme areas subject to the most. The EPA published two sets of regulations governing how the provisions of the CAA would apply for purposes of implementing the 1997 ozone standard. On April 30, 2004 (69 FR 23951), EPA promulgated the Phase 1 Rule, which addressed, among other matters, classifications for areas designated nonattainment for the 1997 ozone standard. The EPA published a second rule, the Phase 2 Rule on November 29, 2005 (70 FR 71612), and made several revisions to that rule on June 8, 2007 (72 FR 31727). The Phase 2 rule addresses SIP obligations for the 1997 ozone standard, including the SIP elements associated with reasonably available control technology (RACT), reasonably available control measures (RACM), reasonable further progress (RFP), modeling and attainment demonstrations, new source review, vehicle inspection and maintenance (I/M) programs, and contingency measures for failure to meet RFP and the attainment date. D. The DFW Nonattainment Area and Its Current Nonattainment Classification Under the 1997 Ozone Standard On April 30, 2004, the EPA designated nine counties as the DFW nonattainment area for the 1997 ozone standard (i.e., Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant counties) and this 9-county area was classified under subpart 2 of the Act, as ``Moderate'' (69 FR 23858).\4\ For areas subject to subpart 2 of the Act, the maximum period to achieve attainment runs from the effective date of designations and classifications for the 1997 ozone standard and corresponds to the same length of time provided in Table 1 of Section 181(a) of the Act: Marginal--3 years; Moderate--6 years; Serious--9 years; Severe--15 years; and Extreme--20 years. 40 CFR 51.903. --------------------------------------------------------------------------- \4\ On March 27, 2008 (73 FR 16436), the EPA promulgated a revised 8-hour ozone standard of 0.075 ppm (``the 2008 ozone standard''). On April 30, 2012, the EPA promulgated designations under the 2008 ozone standard (77 FR 30088, May 21, 2012) and in that action, the EPA designated 10 counties 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. --------------------------------------------------------------------------- The DFW nonattainment area was classified as Moderate based on a design value at the time of designation (DV) of 0.10 ppm, with an attainment date of June 15, 2010 (69 FR 23858). The DV of an area characterizes the severity of the air quality and is represented by the highest DV measured at any ozone monitor in the area. The calculation for the DV is the three-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration measured at a monitor. In response to the designation, the State of Texas submitted an attainment plan designed to meet the 1997 ozone standard and we conditionally approved this plan on January 14, 2009 (74 FR 1903).\5\ --------------------------------------------------------------------------- \5\ In the next paragraph, we describe how the DFW area failed to attain the 1997 ozone standard by its Moderate attainment date and was reclassified as a Serious ozone nonattainment area. Following reclassification to Serious, the State submitted a revised attainment plan for the DFW area. We are addressing the State's revised Moderate area SIP that addressed the conditional approval and the State's Serious area SIP in separate rulemaking actions. --------------------------------------------------------------------------- Section 181(b)(2) of the Act prescribes the process for making a determination of whether an ozone nonattainment area met the standard by its attainment date. Section 181(b)(2)(A) of the Act requires that the EPA determine, based on the area's ozone design value (as of the attainment date), whether or not the area attained the ozone standard by that date. For Marginal, Moderate, and Serious areas, if the EPA finds that the nonattainment area has failed to attain the ozone standard by the applicable attainment date, the area must be reclassified by operation of law to the higher of (1) the next higher classification for the area, or (2) the classification applicable to the area's design value as determined at the time of the required Federal Register notice. Section 181(b)(2)(B) requires the EPA to publish in the Federal Register a notice identifying any area that has failed to attain by its attainment date and, if applicable, the resulting reclassification. The DFW area failed to attain the 1997 ozone standard by its Moderate attainment date of June 15, 2010, and was consequently reclassified as a Serious ozone nonattainment area with an attainment date of no later than June 15, 2013 (75 FR 79302, December 20, 2010). II. EPA's Evaluation of the DFW Area's 1997 8-Hour Ozone Data The EPA is proposing to determine the DFW area did not attain the 1997 ozone standard by its attainment deadline of June 15, 2013 based on quality-assured, quality-controlled ambient air monitoring data for the years 2010-2012 that show the area was violating the 1997 ozone standard. These data from sites in the DFW area have been certified by the TCEQ and are presented in Table 1. As noted earlier in this action, the highest DV at any regulatory monitor in the area is considered the DV for the area (40 CFR 58.1). The Keller monitoring site recorded the highest 2010-2012 design value--0.087 ppm--which is also the design value for the area. Thus, pursuant to section 181(b)(2) of the Act, the EPA is proposing to determine that the DFW nonattainment area did not attain the 1997 ozone standard by the June 15, 2013, deadline for Serious nonattainment areas. [[Page 8276]] Table 1--DFW Area Fourth Highest 8-Hour Ozone Concentrations and Design Values (ppm),\6\ 2010-2012 ---------------------------------------------------------------------------------------------------------------- 4th Highest daily max Site name and No. --------------------------------- Design value 2010 2011 2012 (2010-2012) ---------------------------------------------------------------------------------------------------------------- Fort Worth Northwest, 48-439-1002.............................. \7\ 0.081 0.082 0.077 0.080 Keller, 48-439-2003............................................ 0.085 0.097 0.079 0.087 Frisco, 48-085-0005............................................ 0.074 0.091 0.084 0.083 Midlothian OFW, 48-139-0016.................................... 0.072 0.080 0.078 0.076 Denton Airport South, 48-121-0034.............................. 0.074 0.095 0.081 0.083 Arlington Municipal Airport, 48-439-3011....................... 0.079 0.080 0.092 0.083 Dallas North No. 2, 48-113-0075................................ 0.071 0.088 0.086 0.081 Rockwall Heath, 48-397-0001.................................... 0.073 0.080 0.080 0.077 Grapevine Fairway, 48-439-3009................................. 0.083 0.091 0.086 0.086 Kaufman, 48-257-0005........................................... 0.064 0.074 0.073 0.070 Eagle Mountain Lake, 48-439-0075............................... 0.080 0.080 0.087 0.082 Parker County, 48-367-0081..................................... 0.070 0.088 0.076 0.078 Cleburne Airport, 48-251-0003.................................. 0.078 0.079 0.082 0.079 Dallas Hinton St., 48-113-0069................................. 0.075 0.084 0.087 0.082 Dallas Executive Airport, 48-113-0087.......................... 0.078 0.082 0.085 0.081 Pilot Point, 48-121-1032....................................... 0.078 0.091 0.078 0.082 Italy, 48-139-1044............................................. 0.063 0.075 0.071 0.069 ---------------------------------------------------------------------------------------------------------------- Under section 181(a)(5) of the Act and 40 CFR 51.907, an area can qualify for up to 2 one-year extensions of its attainment date if it meets the conditions set forth in 40 CFR 51.907. For the 1997 ozone standard, if an area's fourth highest daily maximum 8-hour average value in the attainment year is 0.084 ppm or less (40 CFR 51.907), the area is eligible for the first one-year extension to the attainment date. The attainment year is the year immediately preceding the attainment date (40 CFR 51.900(g)), thus the DFW area's attainment year is 2012. In 2012, the area's fourth-highest daily maximum 8-hour was 0.092 ppm at the Arlington monitor site. Therefore, the DFW area does not qualify for a 1-year extension of its Serious area attainment deadline. --------------------------------------------------------------------------- \6\ Design value calculations for the 1997 ozone standard are based on a rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I). \7\ As happens on occasion, this particular value varies from that reported on the State Web site (see www.tceq.texas.gov/cgi-bin/compliance/monops/8hr_attainment.pl). For comparison and confirmation, the AQS report for these monitors, for 2010 through 2013, is provided in the docket for this rulemaking. --------------------------------------------------------------------------- Section 181(b)(2)(A) of the Act provides that, should the EPA find that an area fails to attain by the applicable date, the area shall be reclassified by operation of law to the higher of: The next higher classification for the area; or the classification applicable to the area's ozone design value at the time of the reclassification. The classification that would be applicable to the DFW area's ozone DV at the time of today's notice is ``Marginal'' because the area's calculated DV, based on quality-assured ozone monitoring data from 2011-2013, is 0.087 ppm.\8\ By contrast, the next higher classification for the DFW area is ``Severe.'' Because ``Severe'' is a higher nonattainment classification than ``Marginal'' under the statutory scheme in the Act, upon the effective date of the final rulemaking determining that the DFW has failed to attain the 1997 ozone standard by the applicable attainment date of June 15, 2013, the DFW area will be reclassified by operation of law as ``Severe.'' --------------------------------------------------------------------------- \8\ As indicated earlier in this rulemaking, the DV for the 2010-2012 ozone season is 0.087 ppm, too. The DFW area fourth highest 8-hour ozone concentrations and DVs for 2011-2013 are provided in the docket for this rulemaking. --------------------------------------------------------------------------- III. The Consequences of Reclassification A. Effect of Reclassification on Stationary Air Pollution Sources Upon reclassification, stationary air pollution sources in the DFW ozone nonattainment area will be subject to Severe ozone nonattainment area New Source Review (NSR) and Title V permit requirements. The source applicability threshold for major sources and major source modification emissions is lowered to those that emit or have the potential to emit at least 25 tons per year (tpy) of VOC and NOX . For new and modified major stationary sources subject to review under Texas Administrative Code Title 30, Chapter 116, Section 116.150 (30 TAC 116.150) in the EPA approved SIP, VOC and NOX emissions increases from the proposed construction of new or modified major stationary sources must be offset by emissions reductions meeting a minimum offset ratio of 1.30 to 1. See 30 TAC 116 and 40 CFR 52.2270(c). B. Use of Reformulated Gasoline Effective one year after the reclassification of the DFW area as a Severe ozone nonattainment area, the requirement at section 211(k)(10)(D) of the Act would expand the prohibition of the sale of conventional gasoline and require the use of reformulated gasoline in Ellis, Johnson, Kaufman, Parker, and Rockwall counties. Currently, the prohibition applying to the sale of conventional gasoline in the DFW area is limited to Collin, Dallas, Denton and Tarrant counties (see 57 FR 46316, October 8, 1992). C. Proposed Date for Submitting a Revised SIP for the DFW Area Pursuant to section 181(b)(2) of the Act, the EPA is proposing to determine that the DFW area did not attain the 1997 ozone standard by the attainment deadline for Serious ozone nonattainment areas. If the EPA takes final action on this determination as proposed, the DFW area will be reclassified by operation of law from Serious to Severe nonattainment. Severe areas are required to attain the standard ``as expeditiously as practicable'' but no later than 15 years after designation, or June 15, 2019.\9\ The ``as expeditiously as [[Page 8277]] practicable'' attainment date will be determined as part of the action on the required SIP submittal demonstrating attainment of the 1997 ozone standard. The EPA is proposing a schedule by which Texas will submit the SIP revisions necessary pursuant to reclassification to Severe nonattainment of the 1997 ozone standard. --------------------------------------------------------------------------- \9\ As noted earlier, the attainment date is 15 years from the effective date of designations and classifications for the 1997 ozone standard, which places it in the middle of the ozone monitoring season. The DFW ozone season data collected through June 15 would not meet the data completeness requirement and thus could not be used to determine attainment. To achieve the data completeness requirement, we use data collected from the prior complete ozone seasons. In other words, the area must attain by the year immediately preceding the attainment date (40 CFR 51.900(g)), which in this instance is 2018. The attainment date for the DFW nonattainment area under the 2008 ozone standard is December 31, 2018 (77 FR 30088). --------------------------------------------------------------------------- When an area is reclassified, the EPA has the authority under section 182(i) of the Act to adjust the Act's submittal deadlines for any new SIP revisions that are required as a result of the reclassification. Pursuant to 40 CFR 51.908(d), for each nonattainment area, the State must provide for implementation of all control measures needed for attainment as expeditiously as practicable but no later than the beginning of the attainment year ozone season. The attainment year ozone season is the ozone season immediately preceding a nonattainment area's attainment date. For an area with an attainment date of June 15, 2019, which is the date that would apply for the DFW area if bumped up to Severe, the attainment year ozone season is 2018 (40 CFR 51.900(g)). The ozone season is the ozone monitoring season as defined in 40 CFR part 58, Appendix D, section 4.1, Table D-3 (71 FR 61236, October 17, 2006). For the DFW area, March 1st is the beginning of the ozone monitoring season. We propose that Texas submit the required SIP revisions, including the attainment demonstration, RFP plan, and other applicable Severe area requirements to the EPA as expeditiously as practicable, but not later than one year after the effective date of the final rulemaking for this reclassification. In addition, all applicable controls shall be implemented as expeditiously as practicable but no later than March 1, 2018, which is the beginning of the attainment year ozone season. D. Severe Area Plan Requirements Pursuant to section 182(d) of the Act and 40 CFR 51 subpart X, the revised SIP for the DFW area must include all the CAA requirements for Serious ozone nonattainment area plans such as: (1) Enhanced ambient monitoring (CAA 182(c)(1)); (2) an enhanced vehicle I/M program (CAA 182(c)(3)); and (3) a clean fuel vehicle program or an approved substitute (CAA 182(c)(4)).\10\ The revised SIP for the DFW area must also meet the Severe area requirements specified in CAA section 182(d), including: (1) An attainment demonstration (CAA section 182(c)(2)(A) and (d); 40 CFR 51.908); (2) provisions for RACT and RACM (CAA sections 172(c)(1); 182(b)(2) and (d); 40 CFR 51.912); (3) RFP reductions for each three-year period until the attainment date (CAA section 182(c)(2)(B) and (d); 40 CFR 51.910); (4) contingency measures to be implemented in the event of failure to meet RFP or attain the standard (CAA 172(c)(9) and 182(c)(9)); (5) transportation control measures to offset emissions from growth in vehicle miles traveled or VMT (CAA 182(d)(1)(A)); (6) increased offsets for major sources (CAA section 182(d)(2) and 40 CFR 51.165); and (7) fees on major sources if the area fails to attain the standard (CAA 182(d)(3) and 185). --------------------------------------------------------------------------- \10\ The requirement for Stage II gasoline vapor recovery does not apply because the EPA determined that onboard vapor recovery is in widespread use in the motor vehicle fleet and waived the CAA section 182(b)(3) requirement. See 77 FR 28772, May 16, 2012. On March 17, 2014, the EPA approved revisions to the Texas SIP that remove the requirement that gasoline dispensing facilities (GDFs) install Stage II equipment and provide removal (decommissioning) procedures that existing GDFs must complete by August 31, 2018 (79 FR 14611). --------------------------------------------------------------------------- Because the DFW area is presently classified as Serious under the 1997 ozone standard, the state has adopted and EPA has approved into the SIP provisions that meet several of these requirements. A list of the requirements already in place and those yet to be adopted by the State for the DFW area is provided in Table 2. Table 2--Requirements That Would Apply for the Proposed DFW Severe Nonattainment Area for the 1997 Ozone Standard ------------------------------------------------------------------------ Action needed or date approved Requirement by EPA ------------------------------------------------------------------------ Severe Area Attainment Demonstration... Must be submitted to EPA for approval by date established in final reclassification rule. RFP Demonstration...................... Must be submitted to EPA for approval by date established in final reclassification rule. Contingency provisions................. Must be submitted to EPA for approval by date established in final reclassification rule. Enhanced ambient monitoring............ Proposed for approval on May 13, 2014 (79 FR 27257). Enhanced vehicle I/M program........... November 14, 2001 (66 FR 57261).\11\ Clean-fuel vehicle programs............ Proposed for approval on May 13, 2014 (79 FR 27257). Transportation control measures to Must be submitted to EPA for offset VMT. approval by date established in final reclassification rule. RACM................................... Must be submitted to EPA for approval by date established in final reclassification rule. RACT................................... Must be submitted to EPA for approval by date established in final reclassification rule. Fees on major sources if the area fails Must be submitted to EPA for to attain the 1997 ozone standard. approval by date established in final reclassification rule. ------------------------------------------------------------------------ IV. The 2008 Ozone Standard and Its Effect on Reclassification of the DFW Area In 2008, the EPA promulgated a more protective 8-hour ozone standard of 0.075 ppm (73 FR 16436) and EPA published a rule designating areas for that standard on May 21, 2012 (77 FR 30088). On June 6, 2013, the EPA published its proposed rule to implement the 2008 ozone standard (78 FR 34178). The rule also proposed revocation of the 1997 ozone standard for all purposes, and that upon revocation of that standard, the EPA would not be obligated to reclassify areas to a higher classification under the 1997 ozone NAAQS based upon a determination that the areas failed to attain such NAAQS by the areas' corresponding attainment date (78 FR 34178, 34236; proposed 40 CFR 51.1105(d)(2)(ii)). We anticipate final action on the proposed implementation [[Page 8278]] rule this spring. If EPA has not yet taken final action to reclassify the DFW area for the 1997 ozone standard before a final rulemaking revoking the 1997 ozone NAAQS for all purposes is effective, and that rulemaking is finalized as proposed with respect to EPA's obligation concerning reclassification of areas for the revoked standard, then EPA will not finalize this proposed reclassification for DFW. However, the DFW area will still be subject to appropriate ``anti-backsliding'' requirements for the 1997 ozone NAAQS as established in any final rule EPA may promulgate in connection with any revocation of the 1997 standard. Anti-backsliding provides protection against degradation of air quality (e.g., the DFW area does not ``backslide'') and ensures the area continues to make progress toward attainment of the new, more stringent NAAQS. Anti-backsliding also ensures there is consistency with the ozone NAAQS implementation framework outlined in subpart 2 of Part D of the CAA (78 FR 34178, 34211). --------------------------------------------------------------------------- \11\ This rulemaking expanded the enhanced I/M program to include all nine of the DFW nonattainment counties. --------------------------------------------------------------------------- V. Proposed Action Pursuant to section 181(b)(2) of the Act, the EPA is proposing to determine, based on certified, quality-assured monitoring data for 2010-2012 that the DFW area did not attain the 1997 ozone standard by the applicable June 15, 2013 attainment deadline. If the EPA finalizes this determination, upon the effective date of the final determination the DFW 9-county nonattainment area will be reclassified by operation of law as a Severe ozone nonattainment area under the 1997 ozone standard. Pursuant to section 182(i) of the Act, the EPA is also proposing the schedule for submittal of the SIP revisions required for Severe areas once the DFW area is reclassified. The EPA is proposing that Texas submit to the EPA the required SIP revisions for the Severe attainment demonstration, RFP and for all other Severe area measures required under sections 172, 182(c), 182(d) and 185 of the Act no later than one year after the effective date of the final rulemaking for this reclassification. VI. Statutory and Executive Order Reviews Under section 181(b)(2) of the CAA, a determination of nonattainment is a factual determination based upon air quality considerations and the resulting reclassification must occur by operation of law. A determination of nonattainment and the resulting reclassification of a nonattainment area by operation of law under section 181(b)(2) does not in and of itself create any new requirements, but rather applies the requirements contained in the Clean Air Act. For these reasons, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule does not have tribal implications because it will not have a substantial direct effect 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 rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: February 9, 2015. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2015-03152 Filed 2-13-15; 8:45 am] BILLING CODE 6560-50-P
![8274 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules
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assured and certified ambient air quality consider your comment. Electronic files
B. The 1997 8-Hour Ozone Standard
monitoring data for the 2010–2012 should avoid the use of special
monitoring period that are available in characters and any form of encryption Ozone is a gas composed of three
the EPA Air Quality System (AQS) and should be free of any defects or oxygen atoms. It is not usually emitted
database. If the EPA finalizes this viruses. For additional information directly into the air, but at ground level
determination, the DFW area will be about EPA’s public docket, visit the EPA is created by a chemical reaction
reclassified by operation of law as a Docket Center homepage at http:// between volatile organic compounds
Severe ozone nonattainment area for the www.epa.gov/epahome/dockets.htm. (VOCs) and oxides of nitrogen (NOX) in
1997 8-hour ozone standard. The EPA is Docket: The index to the docket for the presence of sunlight.1 On July 18,
also proposing that Texas must submit this action is available electronically at 1997, the EPA promulgated an 8-hour
to the EPA the State Implementation www.regulations.gov and in hard copy ozone standard of 0.08 parts per million
Plan (SIP) revisions to address the at EPA Region 6, 1445 Ross Avenue, (ppm).2 See 62 FR 38856 and 40 CFR
Severe ozone nonattainment area Suite 700, Dallas, Texas. While all 50.10.
requirements of the Act no later than documents in the docket are listed in Consistent with the EPA regulations
one year after the effective date of the the index, some information may be in section 2.3 of 40 CFR part 50,
final rulemaking for this reclassification. publicly available only at the hard copy Appendix I: ‘‘The primary and
DATES: Comments must be received on location (e.g., copyrighted material), and secondary ozone ambient air quality
or before March 19, 2015. some may not be publicly available at standards are met at an ambient air
ADDRESSES: Submit your comments, either location (e.g., CBI). To inspect the quality monitoring site when the 3-year
identified by Docket ID No. EPA–R06– hard copy materials, please schedule an average of the annual fourth-highest
OAR–2014–0536, by one of the appointment with the person listed in daily maximum 8-hour average ozone
following methods: the FOR FURTHER INFORMATION CONTACT concentration is less than or equal to
• www.regulations.gov. Follow the paragraph below or Mr. Bill Deese at 0.08 ppm. The number of significant
on-line instructions. 214–665–7253. figures in the level of the standard
• Email: Ms. Carrie Paige at dictates the rounding convention for
FOR FURTHER INFORMATION CONTACT: Ms.
paige.carrie@epa.gov. comparing the computed 3-year average
Carrie Paige, Air Planning Section
• Mail: Mr. Guy Donaldson, Chief, (6PD–L); telephone (214) 665–6521;
annual fourth-highest daily maximum 8-
Air Planning Section (6PD–L), hour average ozone concentration with
email address paige.carrie@epa.gov.
Environmental Protection Agency, 1445 the level of the standard. The third
Ross Avenue, Suite 1200, Dallas, Texas SUPPLEMENTARY INFORMATION: decimal place of the computed value is
75202–2733. Throughout this document, ‘‘we,’’ ‘‘us,’’ rounded, with values equal to or greater
Instructions: Direct your comments to and ‘‘our’’ means the EPA. than 5 rounding up. Thus, a computed
Docket ID No. EPA–R06–OAR–2014– Table of Contents 3-year average ozone concentration of
0.085 ppm is the smallest value that is
tkelley on DSK3SPTVN1PROD with PROPOSALS
0536. EPA’s policy is that all comments
received will be included in the public I. Background greater than 0.08 ppm.’’ 3 In addition,
docket without change and may be II. EPA’s Evaluation of the DFW Area’s 1997
8-Hour Ozone Data 1 For additional information on ozone, please
made available online at http:// III. The Consequences of Reclassification visit www.epa.gov/groundlevelozone.
www.regulations.gov, including any IV. The 2008 Ozone Standard and Its Effect 2 In this action we refer to the 1997 8-hour ozone
personal information provided, unless on Reclassification of the DFW Area standard as ‘‘the 1997 ozone standard.’’
the comment includes information V. Proposed Action 3 For ease of communication, many reports of
claimed to be Confidential Business VI. Statutory and Executive Order Reviews ozone concentrations are given in parts per billion
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![8278 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules
rule this spring. If EPA has not yet taken any new requirements, but rather Dated: February 9, 2015.
final action to reclassify the DFW area applies the requirements contained in Ron Curry,
for the 1997 ozone standard before a the Clean Air Act. For these reasons, Regional Administrator, Region 6.
final rulemaking revoking the 1997 this proposed action: [FR Doc. 2015–03152 Filed 2–13–15; 8:45 am]
ozone NAAQS for all purposes is • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P
effective, and that rulemaking is action’’ subject to review by the Office
finalized as proposed with respect to of Management and Budget under
EPA’s obligation concerning Executive Order 12866 (58 FR 51735, GENERAL SERVICES
reclassification of areas for the revoked October 4, 1993); ADMINISTRATION
standard, then EPA will not finalize this • Does not impose an information
proposed reclassification for DFW. collection burden under the provisions 48 CFR Parts 523 and 552
However, the DFW area will still be of the Paperwork Reduction Act (44 [GSAR Case 2006–G506; Docket No. 2009–
subject to appropriate ‘‘anti-
U.S.C. 3501 et seq.); 0005; Sequence No. 2]
backsliding’’ requirements for the 1997
ozone NAAQS as established in any • Is certified as not having a RIN 3090–AI82
final rule EPA may promulgate in significant economic impact on a
connection with any revocation of the substantial number of small entities General Services Administration
1997 standard. Anti-backsliding under the Regulatory Flexibility Act (5 Acquisition Regulation (GSAR);
provides protection against degradation U.S.C. 601 et seq.); Environmental, Conservation,
of air quality (e.g., the DFW area does • Does not contain any unfunded Occupational Safety and Drug-Free
not ‘‘backslide’’) and ensures the area mandate or significantly or uniquely Workplace
continues to make progress toward affect small governments, as described AGENCY: Office of Acquisition Policy,
attainment of the new, more stringent in the Unfunded Mandates Reform Act General Services Administration.
NAAQS. Anti-backsliding also ensures of 1995 (Pub. L. 104–4);
ACTION: Proposed rule.
there is consistency with the ozone • Does not have federalism
NAAQS implementation framework implications as specified in Executive SUMMARY: The General Services
outlined in subpart 2 of Part D of the Order 13132 (64 FR 43255, August 10, Administration (GSA) is proposing to
CAA (78 FR 34178, 34211). 1999); amend the General Services
V. Proposed Action • Is not an economically significant Administration Acquisition Regulation
regulatory action based on health or (GSAR) to update the text and clauses
Pursuant to section 181(b)(2) of the regarding Hazardous Materials
safety risks subject to Executive Order
Act, the EPA is proposing to determine, Identification and Material Safety Data.
13045 (62 FR 19885, April 23, 1997);
based on certified, quality-assured
monitoring data for 2010–2012 that the • Is not a significant regulatory action The second proposed rule incorporates
subject to Executive Order 13211 (66 FR many of the changes of the proposed
DFW area did not attain the 1997 ozone
28355, May 22, 2001); rule and makes additional modifications
standard by the applicable June 15, 2013
• Is not subject to requirements of to the text.
attainment deadline. If the EPA finalizes
this determination, upon the effective section 12(d) of the National DATES: Interested parties should submit
date of the final determination the DFW Technology Transfer and Advancement written comments to the Regulatory
9-county nonattainment area will be Act of 1995 (15 U.S.C. 272 note) because Secretariat at one of the addressees
reclassified by operation of law as a application of those requirements would shown below on or before April 20,
Severe ozone nonattainment area under be inconsistent with the CAA; and 2015 to be considered in the formation
the 1997 ozone standard. Pursuant to • Does not provide EPA with the of the final rule.
section 182(i) of the Act, the EPA is also discretionary authority to address, as ADDRESSES: Submit comments in
proposing the schedule for submittal of appropriate, disproportionate human response to GSAR Case 2006–G506 by
the SIP revisions required for Severe health or environmental effects, using any of the following methods:
areas once the DFW area is reclassified. practicable and legally permissible • Regulations.gov: http://
The EPA is proposing that Texas submit methods, under Executive Order 12898 www.regulations.gov. Submit comments
to the EPA the required SIP revisions for (59 FR 7629, February 16, 1994). by searching for ‘‘GSAR Case 2006–
the Severe attainment demonstration, G506.’’ Select the link ‘‘Comment Now’’
In addition, this proposed rule does not that corresponds with ‘‘GSAR Case
RFP and for all other Severe area have tribal implications because it will
measures required under sections 172, 2006–G506.’’ Follow the instructions
not have a substantial direct effect on provided at the ‘‘Comment Now’’
182(c), 182(d) and 185 of the Act no any Indian reservation land or in any
later than one year after the effective screen. Please include your name,
other area where EPA or an Indian tribe company name (if any), and ‘‘GSAR
date of the final rulemaking for this has demonstrated that a tribe has
reclassification. Case 2006–G506’’ on your attached
jurisdiction. In those areas of Indian document.
VI. Statutory and Executive Order country, this proposed rule does not • Fax: 202–501–4067.
Reviews have tribal implications as specified by • Mail: General Services
Under section 181(b)(2) of the CAA, a Executive Order 13175 (65 FR 67249, Administration, Regulatory Secretariat
determination of nonattainment is a November 9, 2000), nor will it impose (MVCB), ATTN: Ms. Flowers, 1800 F
substantial direct costs on tribal
tkelley on DSK3SPTVN1PROD with PROPOSALS
factual determination based upon air Street NW., 2nd Floor, Washington, DC
quality considerations and the resulting governments or preempt tribal law. 20405.
reclassification must occur by operation List of Subjects in 40 CFR Part 81 Instructions: Please submit comments
of law. A determination of only and cite GSAR Case 2006–G506, in
nonattainment and the resulting Environmental protection, Air all correspondence related to this case.
reclassification of a nonattainment area pollution control, National parks, All comments received will be posted
by operation of law under section Wilderness areas. without change to http://
181(b)(2) does not in and of itself create Authority: 42 U.S.C. 7401 et seq. www.regulations.gov, including any
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Document Created: 2015-12-18 13:19:51
Document Modified: 2015-12-18 13:19:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before March 19, 2015. | |
| Contact | Ms. Carrie Paige, Air Planning Section | |
| FR Citation | 80 FR 8274 | |
| CFR Associated | Environmental Protection; Air Pollution Control; National Parks and Wilderness Areas |
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