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)

Page Range33161-33166
FR Document2016-12229

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 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.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[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]


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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 NOX 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 NOX. 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) 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 
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
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[[Page 33164]]


                                               Table 3--VOC Emission Projections for Four-County DFW Area
                                                                     [Tons per day]
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                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
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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
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[[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


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before June 24, 2016.
ContactTracie Donaldson, (214) 665-6633, [email protected] To inspect the hard copy materials, please contact Tracie Donaldson.
FR Citation81 FR 33161 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Volatile Organic Compounds

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