81 FR 33161 - Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1-Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 101 (May 25, 2016)
Federal Register Volume 81, Issue 101 (May 25, 2016)
| Page Range | 33161-33166 | |
| FR Document | 2016-12229 |
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)] [Proposed Rules] [Pages 33161-33166] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12229] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R06-OAR-2015-0721; FRL-9946-85-Region 6] Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1-Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a redesignation substitute and make a finding of attainment for both the 1-hour ozone and the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Dallas-Fort Worth nonattainment area (DFW area). The redesignation substitute demonstration states that the area has attained both the revoked 1-hour ozone and the revoked 1997 8- hour ozone NAAQS due to permanent and enforceable emission reductions, and that it will maintain those NAAQS for ten years from the date of the EPA's approval of this demonstration. Final approval of the redesignation substitute will result in the area no longer being subject to any remaining applicable anti-backsliding requirements and the nonattainment [[Page 33162]] new source review (NNSR) requirements associated with the revoked NAAQS. In general, final approval of the redesignation substitute would allow Texas to seek to revise the Texas SIP for the area to remove anti-backsliding measures from the active portion of its SIP if it can demonstrate, pursuant to the Clean Air Act (CAA) section 110(1), that such revision would not interfere with attainment or maintenance of any applicable NAAQS, or any other requirement of the CAA. However, the EPA believes that in this instance, Texas does not need to revise its SIP to alter certain provisions for NNSR effective in the DFW area. DATES: Written comments must be received on or before June 24, 2016. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2015-0721, at http://www.regulations.gov or via email to [email protected]. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Ms. Tracie Donaldson, (214) 665-6633, [email protected]. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, (214) 665-6633, [email protected]. To inspect the hard copy materials, please contact Tracie Donaldson. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background In 1979, under section 109 of the CAA, EPA established primary and secondary NAAQS for ozone at 0.12 parts per million (ppm) averaged over a 1-hour period (44 FR 8202, February 8, 1979). Primary standards are set to protect human health while secondary standards are set to protect public welfare. In 1997 we revised the primary and secondary NAAQS for ozone to set the acceptable level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour period (62 FR 38856, July 18, 1997). In 2008 we revised the primary and secondary ozone NAAQS to 0.075 ppm, averaged over an 8-hour period (73 FR 16436, March 27, 2008). Ozone nonattainment areas are classified at the time of designation based on the area's ``design value'' (77 FR 30088, 30091, May 21, 2012 and CAA section 181(a)(1)). The design value is calculated from air quality data from the area for the 3 years preceding designation. The possible classifications are Marginal, Moderate, Serious, Severe, and Extreme. Nonattainment areas with a ``lower'' classification have ozone levels that are closer to the NAAQS than areas with a ``higher'' classification. The EPA revoked the 1997 ozone NAAQS for all purposes effective April 6, 2015 (80 FR 12264, 12296, March 6, 2015). In that rule, the EPA established a regulatory list of ``applicable requirements'' that would apply as anti-backsliding requirements for the transition from the 1997 ozone NAAQS to the 2008 ozone NAAQS. Id. at 12298-99. The rule provides that an area initially subject to the anti-backsliding obligations for a revoked NAAQS will remain so until we approve (1) a redesignation to attainment for the area for the 2008 ozone NAAQS or (2) a ``redesignation substitute,'' which serves as a successor to redesignation to attainment, for which the area would have been eligible were it not for revocation. Id. at 12304. As explained more fully in the preambles to the proposed and final rules, the redesignation substitute demonstration must show that the area (1) has attained that revoked NAAQS due to permanent and enforceable emission reductions and (2) will maintain that revoked NAAQS for 10 years from the date of EPA's approval of the showing. See id. at 12303-306; 78 FR 34178, 34222-223. The rule also provides that if, after notice and comment rulemaking, we approve a redesignation substitute for a revoked NAAQS, the state may request to revise its SIP to revise or remove provisions for NNSR for that revoked NAAQS and that other anti- backsliding obligations for that revoked NAAQS be shifted to contingency measures, provided that such action is consistent with CAA sections 110(l) and 193 (40 CFR 51.1105(b)(2)). The DFW four-county 1-hour ozone nonattainment area consists of Collin, Dallas, Denton and Tarrant Counties. Under the 1990 CAA Amendments the area was classified as a moderate ozone nonattainment area for the 1-hour ozone NAAQS (November 6, 1991, 56 FR 56694 and CAA section 181(a)(1)). On March 20, 1998, we reclassified the four-county DFW nonattainment area to Serious (63 FR 8128). As discussed below, ambient air quality monitoring data for ozone indicates that the area attained and is continuing to maintain the 1-hour ozone standard. The DFW nine-county 1997 8-hour ozone nonattainment area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant counties. On April 30, 2004, the EPA designated and classified the nine-county DFW nonattainment area as a Moderate nonattainment area under the 1997 8-hour ozone standard with an attainment date of no later than June 15, 2010 (see 69 FR 23858 and 69 FR 23951) On December 20, 2010, we reclassified the nine-county DFW nonattainment area as Serious (75 FR 79302). As discussed below, ambient air quality monitoring data for ozone indicates that the area attained and is continuing to maintain the 1997 8-hour ozone standard. Texas provided the ``Redesignation Substitute Report for the Dallas-Fort Worth (DFW) One-Hour and 1997 Eight-Hour Ozone Standard Nonattainment Areas'' (redesignation substitute report) to EPA on August 18, 2015. The submission also requested that EPA concur that the NNSR provisions relevant to the revoked 1997 ozone NAAQS would no longer apply. The report is available through www.regulations.gov (e- docket EPA-R06-OAR-2015-0609). II. EPA's Evaluation of the DFW Redesignation Substitute Report for the 1-Hour Ozone NAAQS To determine whether we should approve the 1-hour ozone redesignation substitute for the DFW area we evaluated the redesignation substitute report provided by Texas and the ambient ozone data for the area in the [[Page 33163]] EPA Air Quality System (AQS) database. To evaluate the report we used the applicable portions of our September 4, 1992 memo ``Procedures for Processing Requests to Redesignate Areas to Attainment'' (www.epa.gov/ttn/oarpg/t5/memoranda/redesignmem090492.pdf). A detailed discussion of our evaluation can be found in the Technical Support Document (TSD) for this action. The TSD can be accessed through www.regulations.gov (e- docket EPA-R06-OAR-2015-0721). A. Has the area attained the revoked 1-hour ozone NAAQS due to permanent and enforceable emission reductions? In a previous action we found that the DFW area had attained the 1- hour ozone standard (73 FR 61357). Ambient air quality found in the AQS database shows that the DFW area attained the 1-hour ozone standard at the end of 2006 and subsequent years and preliminary data from 2015 indicate that the area has continued to maintain the standard (Table 1). Table 1--1-Hour Design Values for the DFW Four-County Nonattainment Area ------------------------------------------------------------------------ Years 1-Hour ozone design value ------------------------------------------------------------------------ 2004-2006.................................. 124 ppb. 2005-2007.................................. 124 ppb. 2006-2008.................................. 118 ppb. 2007-2009.................................. 115 ppb. 2008-2010.................................. 110 ppb. 2009-2011.................................. 110 ppb. 2010-2012.................................. 108 ppb. 2011-2013.................................. 108 ppb. 2012-2014.................................. 102 ppb. Preliminary 2013-2015...................... 102 ppb. ------------------------------------------------------------------------ In 2006, all monitors in the DFW area had expected exceedances less than the threshold of 1.0 per year. A more detailed table of expected 1-hour ozone exceedances for the DFW monitors based on ozone data can be found in the TSD. The DFW area redesignation substitute report provides information on emissions of nitrogen oxides (NOX ) and volatile organic compounds (VOCs) and regulations that reduced these emissions. NOX and VOCs are ozone precursors. Texas identified control measures implemented as part of its attainment demonstration SIP that led to permanent and enforceable emissions reductions. Additionally, we have approved SIPs for the DFW area that document continuous emissions reductions due to permanent and enforceable measures for the 1-hour and 1997 8-hour ozone standards (62 FR 27964, May 22, 1997; 70 FR 18993 April 12, 2005; 73 FR 58475, October 7, 2008; 79 FR 67068, November 12, 2014). The TCEQ has implemented stringent and innovative regulations that address emissions of NOX and VOCs. These include, but are not limited to:DFW Industrial, Commercial and Industrial (ICI) Major and Minor New Source Rules to control NO X from multiple source categories. For Major sources, first implemented in the nine-county area on March 1, 2009 or March 1, 2010, depending on the source category. On January 1, 2017, Wise County will be added and control requirements for wood-fired boilers will also be added in all ten counties. For Minor sources, implemented in the nine-county area on March 1, 2009 for rich-burn gas-fired engines, diesel-fired engines, and dual-fuel engines; March 1, 2010 for lean-burn gas-fired engines.DFW Major Utility Electric Generation Source Rule to control NO X . First implemented in March 2009, Wise County to be in added in January 2017.VOC Control Measures requiring reasonably available control technology (RACT) for VOC sources. First implemented in 2002 with counties added in 2002, 2009 and Wise County to be added in 2017. Vehicle Inspection and Maintenance implemented in Collin, Dallas, Denton and Tarrant Counties in 2002 and then expanded to Ellis Johnson, Kaufman, Parker and Rockwall Counties in 2003. Federal Area Non-road emissions limits are being phased in through 2018. Federal On-road emissions limits are being phased in through 2025. Given our previous actions approving Texas SIPs pertaining to permanent and enforceable measures, we agree with Texas' conclusion that the area has attained the revoked 1-hour ozone NAAQS due to permanent and enforceable emission reductions. Many others are listed and a more detailed review can be found in the TSD. B. Will the area maintain the revoked 1-hour ozone NAAQS for 10 years from the date of our approval? To demonstrate that the DFW area will maintain the revoked 1-hour ozone NAAQS for 10 years from the date of our approval of the redesignation substitute, the redesignation substitute report provided information on projected emissions of ozone precursors for the four- county DFW 1-hour ozone NAAQS nonattainment area (Tables 2 and 3). The emission projections show that (1) NO X and VOC emissions will continue to decrease through 2028. We reviewed this information and agree with the conclusion that the area will maintain the revoked 1-hour ozone NAAQS for 10 years from the date of our approval. More detail on our review can be found in the TSD. Table 2--NOX Emission Projections for Four-County DFW Area [Tons per day] -------------------------------------------------------------------------------------------------------------------------------------------------------- Category 2012 2014 2017 2020 2023 2026 2028 -------------------------------------------------------------------------------------------------------------------------------------------------------- Point Sources........................... 8.47 8.79 29.47 29.57 29.65 29.71 29.76 Area Sources............................ 28.54 29.41 27.79 25.96 24.9 24.68 24.68 On-Road Mobile Sources (MOVES 2014)..... 171.2 147.42 96.74 69.67 54.44 43.33 38.83 Non-Road Mobile Sources................. 76.95 72.29 61.56 53.31 48.87 46.36 45.66 --------------------------------------------------------------------------------------------------------------- Total............................... 285.16 257.91 215.56 178.51 157.86 144.08 138.93 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 33164]] Table 3--VOC Emission Projections for Four-County DFW Area [Tons per day] -------------------------------------------------------------------------------------------------------------------------------------------------------- Category 2012 2014 2017 2020 2023 2026 2028 -------------------------------------------------------------------------------------------------------------------------------------------------------- Point Sources........................... 11.11 11.02 11.52 11.71 11.86 11.99 12.08 Area Sources............................ 218.9 224.51 218.56 211.43 209.81 210.69 211.77 On-Road Mobile Sources (MOVES 2014)..... 78.56 71.20 55.59 46.81 41.53 35.85 32.94 Non-Road Mobile Sources................. 41.39 36.48 32.59 31.08 31.04 31.52 32.08 --------------------------------------------------------------------------------------------------------------- Total............................... 349.96 343.21 318.26 301.03 294.24 290.05 288.87 -------------------------------------------------------------------------------------------------------------------------------------------------------- III. EPA's Evaluation of the DFW Redesignation Substitute Report for the 1997 8-Hour Ozone NAAQS To determine whether we should approve the 1997 8-hour ozone redesignation substitute for the DFW area we evaluated the redesignation substitute report provided by Texas and the ambient ozone data for the area in the EPA Air Quality System (AQS) database. To evaluate the report we used the applicable portions of our September 4, 1992 memo ``Procedures for Processing Requests to Redesignate Areas to Attainment'' (www.epa.gov/ttn/oarpg/t5/memoranda/redesignmem090492.pdf). A detailed discussion of our evaluation can be found in the TSD for this action. The TSD can be accessed through www.regulations.gov (e-docket EPA-R06-OAR-2015-0721). A. Has the area attained the revoked 1997 8-hour ozone NAAQS due to permanent and enforceable emission reductions? In a previous action we found that the DFW area had attained the 1997 8-hour ozone standard (80 FR 52630). Ambient air quality found in the AQS database shows that the DFW area attained the 1997 8-hour ozone standard at the end of 2014 and preliminary data indicate that the area has continued to maintain the standard (Table 4). Table 4--8-Hour Design Values for the DFW Area ------------------------------------------------------------------------ Years 8-Hour ozone design value ------------------------------------------------------------------------ 2012-2014.................................. 84 ppb. Preliminary 2013-2015...................... 83 ppb. ------------------------------------------------------------------------ In 2014, all monitors in the DFW area reported 8-hour ozone values of 84 ppb or less. A more detailed table of 8-hour ozone values for the DFW monitors can be found in the TSD. The DFW area redesignation substitute report provides information on emissions of NOX and VOCs and regulations that reduced these emissions. Texas identified control measures for both the 1-hour ozone and the 1997 8-hour ozone NAAQS that led to permanent and enforceable emission reductions. In our evaluation of the 1-hour ozone NAAQS, we list several existing measures in the DFW area. Please see that evaluation and the TSD for more detailed information. Given our previous actions approving Texas SIPs pertaining to permanent and enforceable measures, we agree with Texas' conclusion that the area has attained the 1997 8-hour ozone NAAQS due to permanent and enforceable emission reductions. The TCEQ has implemented stringent and innovative regulations that address emissions of NOX and VOCs. Some of these are listed above as well as many others that can be found in the TSD in Section C. Permanent and Enforceable Emissions Controls Implemented B. Will the area maintain the revoked 1997 8-hour ozone NAAQS for 10 years from the date of our approval? To demonstrate that the DFW area will maintain the revoked 1997 8- hour ozone NAAQS for 10 years from the date of our approval of the redesignation substitute, the Texas report provided information on projected emissions of ozone precursors for the nine-county 1997 ozone NAAQS nonattainment area (Tables 5 and 6). The emission projections show that both NOX and VOC emissions will continue to decrease through 2028. We reviewed this information and agree with the conclusion that the area will maintain the revoked 1997 8-hour ozone NAAQS for 10 years from the date of our approval. More detail on our review can be found in the TSD. Table 5--NOX Emission Projections for Nine-County DFW Area [Tons per day] -------------------------------------------------------------------------------------------------------------------------------------------------------- Category 2012 2014 2017 2020 2023 2026 2028 -------------------------------------------------------------------------------------------------------------------------------------------------------- Point Sources........................... 30.80 31.25 62.38 62.49 62.57 62.64 62.71 Area Sources............................ 33.60 34.77 32.01 28.98 27.37 26.97 26.93 On-Road Mobile Sources.................. 216.74 188.65 129.19 95.95 77.87 64.62 59.75 Non-Road Mobile Sources................. 92.98 86.83 72.83 62.10 56.21 52.71 51.55 --------------------------------------------------------------------------------------------------------------- Total............................... 374.12 341.50 296.41 249.52 224.02 206.94 200.94 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 33165]] Table 6--VOC Emission Projections for Nine-County DFW Area [tons per day] -------------------------------------------------------------------------------------------------------------------------------------------------------- Category 2012 2014 2017 2020 2023 2026 2028 -------------------------------------------------------------------------------------------------------------------------------------------------------- Point Sources........................... 27.66 28.61 29.46 29.97 30.41 30.82 31.10 Area Sources............................ 265.43 273.08 260.19 245.76 241.13 241.19 242.15 On-Road Mobile Sources.................. 92.17 83.75 65.62 55.36 49.21 42.70 39.49 Non-Road Mobile Sources................. 46.87 41.34 36.73 34.78 34.55 35.00 35.53 --------------------------------------------------------------------------------------------------------------- Total............................... 432.13 426.78 392.00 365.87 355.30 349.71 348.27 -------------------------------------------------------------------------------------------------------------------------------------------------------- IV. Proposed Action Based on the CAA's criteria for redesignation to attainment (CAA section 107(d)(3)(E)) and the regulation providing for a redesignation substitute (40 CFR 51.1105(b)), EPA is proposing to approve the redesignation substitute for the DFW area for both the revoked 1-hour ozone and the revoked 1997 8-hour ozone NAAQS due to permanent and enforceable emission reductions, and that it will maintain those NAAQS for ten years from the date of the EPA's approval of this demonstration. If EPA finalizes approval of the redesignation substitute, the DFW area would no longer be subject to any remaining applicable anti-backsliding requirements and the NNSR requirements associated with the revoked NAAQS. It would also allow the state to request a SIP revision to shift anti-backsliding obligations for the revoked ozone NAAQS to contingency measures provided that such action is consistent with CAA sections 110(1) and 193 (if applicable). Texas's redesignation substitute report also requested that EPA concur that the NNSR provisions relevant to the revoked 1-hour ozone NAAQS and the revoked 1997 8-hour ozone NAAQS would no longer apply. As explained previously, if we approve a redesignation substitute, the state may request to revise its SIP to revise or remove provisions for NNSR for the revoked standard, provided that such action is consistent with CAA sections 110(l) and 193 (40 CFR 51.1105(b)(2)). However, the EPA believes that in this instance, Texas does not need to revise its SIP to alter some of the provisions for NNSR effective in the DFW area. The EPA reads Texas's NNSR SIP designations and classifications (and thus the related major source thresholds and offset ratios) to adjust as 40 CFR part 81 is updated and does not require further action by Texas if EPA were to finalize the redesignation substitute proposed here. This is explained in detail in Section D of the TSD. Because the DFW area is classified as Moderate nonattainment for the 2008 ozone NAAQS (as of the date of this Proposal), if the EPA finalizes this redesignation substitute, we believe that Texas's NNSR program would automatically change to requirements applicable for moderate areas in accordance with the DFW area classification for the 2008 ozone NAAQS for newly permitted sources. We note that finalization of this redesignation substitute does not relieve sources in the area of their obligations under previously established permit conditions.\1\ --------------------------------------------------------------------------- \1\ See Final Implementation Rule for 2008 Ozone Standard, 80 FR 12264, at 12299, footnote 83 and at 12304, footnote 91. --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely proposes to approve a demonstration provided by the State of Texas and find that the DFW area is no longer subject to the anti-backsliding obligations for additional measures for the revoked 1-hour ozone and the revoked 1997 8-hour ozone NAAQS; and imposes no additional requirements. Accordingly, I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this proposed rule does not impose any additional enforceable duties, it 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). This proposed rule also does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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 (64 FR 43255, August 10, 1999), because it merely proposes to approve a demonstration provided by the State of Texas and find that the DFW area is no longer subject to the anti- backsliding obligations for additional measures for the revoked 1-hour ozone and the revoked 1997 8-hour ozone NAAQS; and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. The proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Additionally, this proposed rule does not involve establishment of technical standards, and thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 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 has determined that this proposed rule [[Page 33166]] will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. Additionally, the proposed rule is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7401 et seq. Dated: May 13, 2016. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2016-12229 Filed 5-24-16; 8:45 am] BILLING CODE 6560-50-P
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2015 and September 25, 2015. This to EPA without going through submittal and anticipates no adverse
revision establishes sulfur in fuel oil www.regulations.gov your email address comments. A detailed rationale for the
content limits for use in stationary will be automatically captured and approval is set forth in the direct final
sources. In addition, the submittal included as part of the comment that is rule. If no adverse comments are
includes minor clarifying revisions to placed in the public docket and made received in response to this rule, no
the methods for sampling, emission available on the Internet. If you submit further activity is contemplated. If EPA
testing, sample analysis, and reporting. an electronic comment, EPA receives adverse comments, the direct
The intended effect of this action is to recommends that you include your final rule will be withdrawn and all
propose approval of these requirements name and other contact information in public comments received will be
into the Connecticut SIP. This action is the body of your comment and with any addressed in a subsequent final rule
being taken under the Clean Air Act. disk or CD–ROM you submit. If EPA based on this proposed rule. EPA will
DATES: Written comments must be cannot read your comment due to not institute a second comment period.
received on or before June 24, 2016. technical difficulties and cannot contact Any parties interested in commenting
you for clarification, EPA may not be on this action should do so at this time.
ADDRESSES: Submit your comments,
able to consider your comment. Please note that if EPA receives adverse
identified by Docket ID Number EPA–
Electronic files should avoid the use of comment on an amendment, paragraph,
R01–OAR–2014–0364 by one of the
special characters, any form of or section of this rule and if that
following methods:
encryption, and be free of any defects or provision may be severed from the
1. www.regulations.gov: Follow the
viruses. remainder of the rule, EPA may adopt
on-line instructions for submitting
Docket: All documents in the as final those provisions of the rule that
comments.
electronic docket are listed in the are not the subject of an adverse
2. Email: arnold.anne@epa.gov.
www.regulations.gov index. Although comment.
3. Fax: (617) 918–0047. For additional information, see the
4. Mail: ‘‘Docket Identification listed in the index, some information is
not publicly available, i.e., CBI or other direct final rule which is located in the
Number EPA–R01–OAR–2014–0364, Rules Section of this Federal Register.
Anne Arnold, U.S. Environmental information whose disclosure is
Protection Agency, EPA New England restricted by statute. Certain other Dated: November 5, 2015.
Regional Office, Office of Ecosystem material, such as copyrighted material, H. Curtis Spalding,
Protection, Air Quality Planning Unit, 5 is not placed on the Internet and will be Regional Administrator, EPA New England.
Post Office Square—Suite 100, (Mail publicly available only in hard copy [FR Doc. 2016–12118 Filed 5–24–16; 8:45 am]
code OEP05–2), Boston, MA 02109– form. Publicly available docket BILLING CODE 6560–50–P
3912. materials are available either
5. Hand Delivery or Courier: Deliver electronically in www.regulations.gov or
your comments to: Anne Arnold, in hard copy at U.S. Environmental ENVIRONMENTAL PROTECTION
Manager, Air Quality Planning Unit, Protection Agency, EPA New England AGENCY
U.S. Environmental Protection Agency, Regional Office, Office of Ecosystem
EPA New England Regional Office, Protection, Air Quality Planning Unit, 5 40 CFR Parts 52 and 81
Office of Ecosystem Protection, Air Post Office Square—Suite 100, Boston, [EPA–R06–OAR–2015–0721; FRL–9946–85–
Quality Unit, 5 Post Office Square— MA. EPA requests that if at all possible, Region 6]
Suite 100, (mail code OEP05–2), Boston, you contact the contact listed in the FOR
MA 02109–3912. Such deliveries are FURTHER INFORMATION CONTACT section to Clean Air Act Redesignation Substitute
only accepted during the Regional schedule your inspection. The Regional for the Dallas-Fort Worth 1-Hour Ozone
Office’s normal hours of operation. The Office’s official hours of business are and 1997 8-Hour Ozone Nonattainment
Regional Office’s official hours of Monday through Friday, 8:30 a.m. to Areas; Texas
business are Monday through Friday, 4:30 p.m., excluding legal holidays.
In addition, copies of the state AGENCY: Environmental Protection
8:30 a.m. to 4:30 p.m., excluding legal Agency (EPA).
holidays. submittal are also available for public
inspection during normal business ACTION: Proposed rule.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2014– hours, by appointment at the State Air SUMMARY: The Environmental Protection
0364. EPA’s policy is that all comments Agency; Bureau of Air Management, Agency (EPA) is proposing to approve a
received will be included in the public Department of Energy and redesignation substitute and make a
docket without change and may be Environmental Protection, State Office finding of attainment for both the 1-hour
made available online at Building, 79 Elm Street, Hartford, CT ozone and the 1997 8-hour ozone
www.regulations.gov, including any 06106–1630. National Ambient Air Quality Standards
personal information provided, unless FOR FURTHER INFORMATION CONTACT: (NAAQS) for the Dallas-Fort Worth
the comment includes information Anne K. McWilliams, Air Quality nonattainment area (DFW area). The
claimed to be Confidential Business Planning Unit, U.S. Environmental redesignation substitute demonstration
Information (CBI) or other information Protection Agency, New England states that the area has attained both the
whose disclosure is restricted by statute. Regional Office, 5 Post Office Square— revoked 1-hour ozone and the revoked
Do not submit through Suite 100, (Mail code OEP05–2), Boston, 1997 8-hour ozone NAAQS due to
www.regulations.gov, or email, MA 02109–3912, telephone (617) 918– permanent and enforceable emission
information that you consider to be CBI 1697, facsimile (617) 918–0697, email reductions, and that it will maintain
Lhorne on DSK30JT082PROD with PROPOSALS
or otherwise protected. The mcwilliams.anne@epa.gov. those NAAQS for ten years from the
www.regulations.gov Web site is an SUPPLEMENTARY INFORMATION: In the date of the EPA’s approval of this
‘‘anonymous access’’ system, which Final Rules Section of this Federal demonstration. Final approval of the
means EPA will not know your identity Register, EPA is approving the State’s redesignation substitute will result in
or contact information unless you SIP submittals as a direct final rule the area no longer being subject to any
provide it in the body of your comment. without prior proposal because the remaining applicable anti-backsliding
If you send an email comment directly Agency views this as a noncontroversial requirements and the nonattainment
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EPA Air Quality System (AQS) threshold of 1.0 per year. A more • VOC Control Measures requiring
database. To evaluate the report we used detailed table of expected 1-hour ozone reasonably available control technology
the applicable portions of our exceedances for the DFW monitors (RACT) for VOC sources. First
September 4, 1992 memo ‘‘Procedures based on ozone data can be found in the implemented in 2002 with counties
for Processing Requests to Redesignate TSD. added in 2002, 2009 and Wise County
Areas to Attainment’’ (www.epa.gov/ttn/ The DFW area redesignation to be added in 2017.
oarpg/t5/memoranda/ substitute report provides information • Vehicle Inspection and
redesignmem090492.pdf). A detailed on emissions of nitrogen oxides (NOX) Maintenance implemented in Collin,
discussion of our evaluation can be and volatile organic compounds (VOCs) Dallas, Denton and Tarrant Counties in
found in the Technical Support and regulations that reduced these 2002 and then expanded to Ellis
Document (TSD) for this action. The emissions. NOX and VOCs are ozone Johnson, Kaufman, Parker and Rockwall
TSD can be accessed through precursors. Texas identified control Counties in 2003.
www.regulations.gov (e-docket EPA– measures implemented as part of its
R06–OAR–2015–0721). • Federal Area Non-road emissions
attainment demonstration SIP that led to limits are being phased in through 2018.
A. Has the area attained the revoked 1- permanent and enforceable emissions
hour ozone NAAQS due to permanent reductions. Additionally, we have • Federal On-road emissions limits
and enforceable emission reductions? approved SIPs for the DFW area that are being phased in through 2025.
document continuous emissions Given our previous actions approving
In a previous action we found that the
reductions due to permanent and Texas SIPs pertaining to permanent and
DFW area had attained the 1-hour ozone
standard (73 FR 61357). Ambient air enforceable measures for the 1-hour and enforceable measures, we agree with
quality found in the AQS database 1997 8-hour ozone standards (62 FR Texas’ conclusion that the area has
shows that the DFW area attained the 1- 27964, May 22, 1997; 70 FR 18993 April attained the revoked 1-hour ozone
hour ozone standard at the end of 2006 12, 2005; 73 FR 58475, October 7, 2008; NAAQS due to permanent and
and subsequent years and preliminary 79 FR 67068, November 12, 2014). The enforceable emission reductions. Many
data from 2015 indicate that the area has TCEQ has implemented stringent and others are listed and a more detailed
continued to maintain the standard innovative regulations that address review can be found in the TSD.
(Table 1). emissions of NOX and VOCs. These
include, but are not limited to: B. Will the area maintain the revoked
1-hour ozone NAAQS for 10 years from
TABLE 1—1-HOUR DESIGN VALUES • DFW Industrial, Commercial and
the date of our approval?
FOR THE DFW FOUR-COUNTY NON- Industrial (ICI) Major and Minor New
ATTAINMENT AREA Source Rules to control NOX from To demonstrate that the DFW area
multiple source categories. For Major will maintain the revoked 1-hour ozone
1-Hour sources, first implemented in the nine- NAAQS for 10 years from the date of
Years ozone county area on March 1, 2009 or March our approval of the redesignation
design 1, 2010, depending on the source substitute, the redesignation substitute
value category. On January 1, 2017, Wise report provided information on
2004–2006 .................................... 124 ppb. County will be added and control projected emissions of ozone precursors
2005–2007 .................................... 124 ppb. requirements for wood-fired boilers will for the four-county DFW 1-hour ozone
2006–2008 .................................... 118 ppb. also be added in all ten counties. For NAAQS nonattainment area (Tables 2
2007–2009 .................................... 115 ppb. Minor sources, implemented in the and 3). The emission projections show
2008–2010 .................................... 110 ppb. nine-county area on March 1, 2009 for that (1) NOX and VOC emissions will
2009–2011 .................................... 110 ppb. rich-burn gas-fired engines, diesel-fired continue to decrease through 2028. We
2010–2012 .................................... 108 ppb. engines, and dual-fuel engines; March 1,
2011–2013 .................................... 108 ppb. reviewed this information and agree
2012–2014 .................................... 102 ppb. 2010 for lean-burn gas-fired engines. with the conclusion that the area will
Preliminary 2013–2015 ................ 102 ppb. • DFW Major Utility Electric maintain the revoked 1-hour ozone
Generation Source Rule to control NOX. NAAQS for 10 years from the date of
In 2006, all monitors in the DFW area First implemented in March 2009, Wise our approval. More detail on our review
had expected exceedances less than the County to be in added in January 2017. can be found in the TSD.
TABLE 2—NOX EMISSION PROJECTIONS FOR FOUR-COUNTY DFW AREA
[Tons per day]
Category 2012 2014 2017 2020 2023 2026 2028
Point Sources ............... 8.47 8.79 29.47 29.57 29.65 29.71 29.76
Area Sources ............... 28.54 29.41 27.79 25.96 24.9 24.68 24.68
On-Road Mobile
Sources (MOVES
2014) ........................ 171.2 147.42 96.74 69.67 54.44 43.33 38.83
Non-Road Mobile
Sources .................... 76.95 72.29 61.56 53.31 48.87 46.36 45.66
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Total ...................... 285.16 257.91 215.56 178.51 157.86 144.08 138.93
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![33164 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules
TABLE 3—VOC EMISSION PROJECTIONS FOR FOUR-COUNTY DFW AREA
[Tons per day]
Category 2012 2014 2017 2020 2023 2026 2028
Point Sources ............... 11.11 11.02 11.52 11.71 11.86 11.99 12.08
Area Sources ............... 218.9 224.51 218.56 211.43 209.81 210.69 211.77
On-Road Mobile
Sources (MOVES
2014) ........................ 78.56 71.20 55.59 46.81 41.53 35.85 32.94
Non-Road Mobile
Sources .................... 41.39 36.48 32.59 31.08 31.04 31.52 32.08
Total ...................... 349.96 343.21 318.26 301.03 294.24 290.05 288.87
III. EPA’s Evaluation of the DFW that the area has continued to maintain Texas’ conclusion that the area has
Redesignation Substitute Report for the the standard (Table 4). attained the 1997 8-hour ozone NAAQS
1997 8-Hour Ozone NAAQS due to permanent and enforceable
To determine whether we should TABLE 4—8-HOUR DESIGN VALUES emission reductions. The TCEQ has
approve the 1997 8-hour ozone FOR THE DFW AREA implemented stringent and innovative
redesignation substitute for the DFW regulations that address emissions of
area we evaluated the redesignation 8-Hour NOX and VOCs. Some of these are listed
ozone above as well as many others that can
substitute report provided by Texas and Years design
the ambient ozone data for the area in value be found in the TSD in Section C.
the EPA Air Quality System (AQS) Permanent and Enforceable Emissions
database. To evaluate the report we used 2012–2014 .................................... 84 ppb. Controls Implemented
the applicable portions of our Preliminary 2013–2015 ................ 83 ppb.
September 4, 1992 memo ‘‘Procedures B. Will the area maintain the revoked
for Processing Requests to Redesignate In 2014, all monitors in the DFW area 1997 8-hour ozone NAAQS for 10 years
Areas to Attainment’’ (www.epa.gov/ttn/ reported 8-hour ozone values of 84 ppb from the date of our approval?
oarpg/t5/memoranda/ or less. A more detailed table of 8-hour
ozone values for the DFW monitors can To demonstrate that the DFW area
redesignmem090492.pdf). A detailed will maintain the revoked 1997 8-hour
discussion of our evaluation can be be found in the TSD.
The DFW area redesignation ozone NAAQS for 10 years from the
found in the TSD for this action. The date of our approval of the redesignation
TSD can be accessed through substitute report provides information
on emissions of NOX and VOCs and substitute, the Texas report provided
www.regulations.gov (e-docket EPA–
regulations that reduced these information on projected emissions of
R06–OAR–2015–0721).
emissions. Texas identified control ozone precursors for the nine-county
A. Has the area attained the revoked measures for both the 1-hour ozone and 1997 ozone NAAQS nonattainment area
1997 8-hour ozone NAAQS due to the 1997 8-hour ozone NAAQS that led (Tables 5 and 6). The emission
permanent and enforceable emission to permanent and enforceable emission projections show that both NOX and
reductions? reductions. In our evaluation of the 1- VOC emissions will continue to
In a previous action we found that the hour ozone NAAQS, we list several decrease through 2028. We reviewed
DFW area had attained the 1997 8-hour existing measures in the DFW area. this information and agree with the
ozone standard (80 FR 52630). Ambient Please see that evaluation and the TSD conclusion that the area will maintain
air quality found in the AQS database for more detailed information. Given the revoked 1997 8-hour ozone NAAQS
shows that the DFW area attained the our previous actions approving Texas for 10 years from the date of our
1997 8-hour ozone standard at the end SIPs pertaining to permanent and approval. More detail on our review can
of 2014 and preliminary data indicate enforceable measures, we agree with be found in the TSD.
TABLE 5—NOX EMISSION PROJECTIONS FOR NINE-COUNTY DFW AREA
[Tons per day]
Category 2012 2014 2017 2020 2023 2026 2028
Point Sources ............... 30.80 31.25 62.38 62.49 62.57 62.64 62.71
Area Sources ............... 33.60 34.77 32.01 28.98 27.37 26.97 26.93
On-Road Mobile
Sources .................... 216.74 188.65 129.19 95.95 77.87 64.62 59.75
Non-Road Mobile
Sources .................... 92.98 86.83 72.83 62.10 56.21 52.71 51.55
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Total ...................... 374.12 341.50 296.41 249.52 224.02 206.94 200.94
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![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 33165
TABLE 6—VOC EMISSION PROJECTIONS FOR NINE-COUNTY DFW AREA
[tons per day]
Category 2012 2014 2017 2020 2023 2026 2028
Point Sources ............... 27.66 28.61 29.46 29.97 30.41 30.82 31.10
Area Sources ............... 265.43 273.08 260.19 245.76 241.13 241.19 242.15
On-Road Mobile
Sources .................... 92.17 83.75 65.62 55.36 49.21 42.70 39.49
Non-Road Mobile
Sources .................... 46.87 41.34 36.73 34.78 34.55 35.00 35.53
Total ...................... 432.13 426.78 392.00 365.87 355.30 349.71 348.27
IV. Proposed Action nonattainment for the 2008 ozone relationship between the Federal
Based on the CAA’s criteria for NAAQS (as of the date of this Proposal), Government and Indian Tribes, or on
redesignation to attainment (CAA if the EPA finalizes this redesignation the distribution of power and
section 107(d)(3)(E)) and the regulation substitute, we believe that Texas’s responsibilities between the Federal
providing for a redesignation substitute NNSR program would automatically Government and Indian Tribes, as
(40 CFR 51.1105(b)), EPA is proposing change to requirements applicable for specified by Executive Order 13175 (65
to approve the redesignation substitute moderate areas in accordance with the FR 67249, November 9, 2000), nor will
for the DFW area for both the revoked DFW area classification for the 2008 it have substantial direct effects on the
1-hour ozone and the revoked 1997 8- ozone NAAQS for newly permitted States, on the relationship between the
hour ozone NAAQS due to permanent sources. We note that finalization of this national government and the States, or
and enforceable emission reductions, redesignation substitute does not relieve on the distribution of power and
and that it will maintain those NAAQS sources in the area of their obligations responsibilities among the various
for ten years from the date of the EPA’s under previously established permit levels of government, as specified in
approval of this demonstration. If EPA conditions.1 Executive Order 13132 (64 FR 43255,
finalizes approval of the redesignation V. Statutory and Executive Order August 10, 1999), because it merely
substitute, the DFW area would no Reviews proposes to approve a demonstration
longer be subject to any remaining provided by the State of Texas and find
Under Executive Orders 12866 (58 FR that the DFW area is no longer subject
applicable anti-backsliding
51735, October 4, 1993) and 13563 (76 to the anti-backsliding obligations for
requirements and the NNSR
FR 3821, January 21, 2011), this action additional measures for the revoked
requirements associated with the
is not a ‘‘significant regulatory action’’ 1-hour ozone and the revoked 1997 8-
revoked NAAQS. It would also allow
and therefore is not subject to review by hour ozone NAAQS; and does not alter
the state to request a SIP revision to
the Office of Management and Budget. the relationship or the distribution of
shift anti-backsliding obligations for the
For this reason, this action is also not power and responsibilities established
revoked ozone NAAQS to contingency
subject to Executive Order 13211, in the CAA. This proposed rule also is
measures provided that such action is
‘‘Actions Concerning Regulations That not subject to Executive Order 13045 (62
consistent with CAA sections 110(1)
Significantly Affect Energy Supply, FR 19885, April 23, 1997), because it is
and 193 (if applicable).
Texas’s redesignation substitute Distribution, or Use’’ (66 FR 28355, May not economically significant.
report also requested that EPA concur 22, 2001). This action merely proposes The proposed rule does not impose an
that the NNSR provisions relevant to the to approve a demonstration provided by information collection burden under the
revoked 1-hour ozone NAAQS and the the State of Texas and find that the DFW provisions of the Paperwork Reduction
revoked 1997 8-hour ozone NAAQS area is no longer subject to the anti- Act of 1995 (44 U.S.C. 3501 et seq.).
would no longer apply. As explained backsliding obligations for additional Additionally, this proposed rule does
previously, if we approve a measures for the revoked 1-hour ozone not involve establishment of technical
redesignation substitute, the state may and the revoked 1997 8-hour ozone standards, and thus, the requirements of
request to revise its SIP to revise or NAAQS; and imposes no additional section 12(d) of the National
remove provisions for NNSR for the requirements. Accordingly, I certify that Technology Transfer and Advancement
revoked standard, provided that such this proposed rule will not have a Act of 1995 (15 U.S.C. 272 note) do not
action is consistent with CAA sections significant economic impact on a apply.
110(l) and 193 (40 CFR 51.1105(b)(2)). substantial number of small entities Executive Order 12898 (59 FR 7629,
However, the EPA believes that in this under the Regulatory Flexibility Act (5 February 16, 1994) establishes Federal
instance, Texas does not need to revise U.S.C. 601 et seq.). Because this executive policy on environmental
its SIP to alter some of the provisions for proposed rule does not impose any justice. Its main provision directs
NNSR effective in the DFW area. The additional enforceable duties, it does Federal agencies, to the greatest extent
EPA reads Texas’s NNSR SIP not contain any unfunded mandate or practicable and permitted by law, to
designations and classifications (and significantly or uniquely affect small make environmental justice part of their
thus the related major source thresholds governments, as described in the mission by identifying and addressing,
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and offset ratios) to adjust as 40 CFR Unfunded Mandates Reform Act of 1995 as appropriate, disproportionately high
part 81 is updated and does not require (Pub. L. 104–4). This proposed rule also and adverse human health or
further action by Texas if EPA were to does not have a substantial direct effect environmental effects of their programs,
finalize the redesignation substitute on one or more Indian Tribes, on the policies, and activities on minority
proposed here. This is explained in 1 See Final Implementation Rule for 2008 Ozone
populations and low-income
detail in Section D of the TSD. Because Standard, 80 FR 12264, at 12299, footnote 83 and populations in the United States. EPA
the DFW area is classified as Moderate at 12304, footnote 91. has determined that this proposed rule
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![33166 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules
will not have disproportionately high new source review (NNSR) the hard copy materials, please contact
and adverse human health or requirements associated with the Tracie Donaldson.
environmental effects on minority or revoked NAAQS. In general, final SUPPLEMENTARY INFORMATION:
low-income populations because it does approval of the redesignation substitute Throughout this document wherever
not affect the level of protection would allow Texas to seek to revise the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
provided to human health or the Texas SIP for the area to remove anti- the EPA.
environment. Additionally, the backsliding measures from the active
proposed rule is not an economically portion of its SIP if it can demonstrate, I. Background
significant regulatory action based on pursuant to Clean Air Act (CAA) section In 1979, under section 109 of the
health or safety risks subject to 110(1), that such revision would not CAA, EPA established primary and
Executive Order 13045 (62 FR 19885, interfere with attainment or secondary NAAQS for ozone at 0.12
April 23, 1997). maintenance of any applicable NAAQS, parts per million (ppm) averaged over a
or any other requirement of the CAA. 1-hour period (44 FR 8202, February 8,
List of Subjects
However, the EPA believes that in this 1979). Primary standards are set to
40 CFR Part 52 instance, Texas does not need to revise protect human health while secondary
Environmental protection, Air its SIP to alter certain provisions for standards are set to protect public
pollution control, Incorporation by NNSR effective in the HGB area. welfare. In 1997 we revised the primary
reference, Intergovernmental relations, DATES: Written comments must be and secondary NAAQS for ozone to set
Nitrogen dioxide, Ozone, Volatile received on or before June 24, 2016. the acceptable level of ozone in the
organic compounds. ambient air at 0.08 ppm, averaged over
ADDRESSES: Submit your comments,
an 8-hour period (62 FR 38856, July 18,
40 CFR Part 81 identified by Docket No. EPA–R06–
1997). In 2008, we revised the primary
Environmental protection, Air OAR–2015–0609, at http://
and secondary ozone NAAQS to 0.075
pollution control. www.regulations.gov or via email to
ppm, averaged over an 8-hour period
Donaldson.tracie@epa.gov. Follow the
Authority: 42 U.S.C. 7401 et seq. (73 FR 16436, March 27, 2008). Ozone
online instructions for submitting
nonattainment areas are classified at the
Dated: May 13, 2016. comments. Once submitted, comments
time of designation based on the area’s
Ron Curry, cannot be edited or removed from
design value (77 FR 30088, 30091, May
Regional Administrator, Region 6. Regulations.gov. The EPA may publish
21, 2012 and CAA section 181(a)(1)).
any comment received to its public
[FR Doc. 2016–12229 Filed 5–24–16; 8:45 am] The design value is calculated from air
docket. Do not submit electronically any
BILLING CODE 6560–50–P quality data from the area for the 3 years
information you consider to be
preceding designation. The possible
Confidential Business Information (CBI)
classifications are Marginal, Moderate,
ENVIRONMENTAL PROTECTION or other information whose disclosure is
Serious, Severe, and Extreme.
AGENCY restricted by statute. Multimedia
Nonattainment areas with a ‘‘lower’’
submissions (audio, video, etc.) must be
classification have design values that
40 CFR Parts 52 and 81 accompanied by a written comment.
are closer to the NAAQS than areas with
The written comment is considered the
[EPA–R06–OAR–2015–0609; FRL–9946–84– a ‘‘higher’’ classification.
official comment and should include
Region 6] The EPA revoked the 1997 ozone
discussion of all points you wish to
NAAQS for all purposes effective April
Clean Air Act Redesignation Substitute make. The EPA will generally not
6, 2015 (80 FR 12264, 12296, March 6,
for the Houston-Galveston-Brazoria consider comments or comment
2015). In that rule, the EPA established
1997 8-hour Ozone Nonattainment contents located outside of the primary
a regulatory list of ‘‘applicable
Area; Texas submission (i.e. on the web, cloud, or
requirements’’ that would apply as anti-
other file sharing system). For
AGENCY: Environmental Protection backsliding requirements for the
additional submission methods, please
Agency (EPA). transition from the 1997 ozone NAAQS
contact Ms. Tracie Donaldson, (214)
ACTION: Proposed rule. to the 2008 ozone NAAQS. Id. at 12298–
665–6633, Donaldson.tracie@epa.gov.
99. The rule provides that an area
For the full EPA public comment policy,
SUMMARY: The Environmental Protection initially subject to the anti-backsliding
information about CBI or multimedia
Agency (EPA) is proposing to approve a obligations for a revoked NAAQS will
submissions, and general guidance on
redesignation substitute and make a remain so until we approve (1) a
making effective comments, please visit
finding of attainment for the 1997 8- redesignation to attainment for the area
http://www2.epa.gov/dockets/
hour ozone National Ambient Air for the 2008 ozone NAAQS or (2) a
commenting-epa-dockets.
Quality Standards (NAAQS) for the ‘‘redesignation substitute’’, which serves
Houston-Galveston-Brazoria ozone Docket: The index to the docket for as a successor to redesignation to
nonattainment area (HGB area). The this action is available electronically at attainment, for which the area would
redesignation substitute demonstration www.regulations.gov and in hard copy have been eligible were it not for
indicates that the area has attained the at EPA Region 6, 1445 Ross Avenue, revocation. Id. at 12304. As explained
revoked 1997 8-hour ozone NAAQS due Suite 700, Dallas, Texas. While all more fully in the preambles to the
to permanent and enforceable emission documents in the docket are listed in proposed and final rules, the
reductions and that it will maintain that the index, some information may be redesignation substitute demonstration
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NAAQS for ten years from the date of publicly available only at the hard copy must show that the area (1) has attained
the EPA’s approval of this location (e.g., copyrighted material), and the revoked NAAQS due to permanent
demonstration. Final approval of the some may not be publicly available at and enforceable emission reductions
redesignation substitute will result in either location (e.g., CBI). and (2) will maintain that revoked
the area no longer being subject to any FOR FURTHER INFORMATION CONTACT: NAAQS for 10 years from the date of
remaining applicable anti-backsliding Tracie Donaldson, (214) 665–6633, EPA’s approval of the showing. See id.
requirements and the nonattainment Donaldson.tracie@epa.gov. To inspect at 12303–306; 78 FR 34178, 34222–223.
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Document Created: 2018-02-07 15:03:15
Document Modified: 2018-02-07 15:03:15
| 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 | Written comments must be received on or before June 24, 2016. | |
| Contact | Tracie Donaldson, (214) 665-6633, [email protected] To inspect the hard copy materials, please contact Tracie Donaldson. | |
| FR Citation | 81 FR 33161 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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