81_FR_64554 81 FR 64372 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area

81 FR 64372 - Approval and Promulgation of Air Quality Implementation Plans; Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 182 (September 20, 2016)

Page Range64372-64377
FR Document2016-22564

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Dallas/Fort Worth (DFW) Texas Reasonable Further Progress (RFP) State Implementation Plan (SIP) for the DFW moderate nonattainment area for the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard). The SIP revision was submitted to the EPA on July 10, 2015 and supplemented on April 22, 2016. We also are proposing to approve revisions to the 2011 base year emissions inventory for the DFW moderate nonattainment area for the 2008 ozone NAAQS standard, the 2017 transportation conformity motor vehicle emissions budgets, and the required contingency measures for failure to meet RFP. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 182 (Tuesday, September 20, 2016)
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Proposed Rules]
[Pages 64372-64377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22564]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0495; FRL-9951-38-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Reasonable Further Progress Plan and Motor Vehicle Emissions 
Budgets for the Dallas/Fort Worth 2008 Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Dallas/Fort Worth (DFW) Texas Reasonable 
Further Progress (RFP) State Implementation Plan (SIP) for the DFW 
moderate nonattainment area for the 2008 ozone National Ambient Air 
Quality Standard (NAAQS or standard). The SIP revision was submitted to 
the EPA on July 10, 2015 and supplemented on April 22, 2016. We also 
are proposing to approve revisions to the 2011 base year emissions 
inventory for the DFW moderate nonattainment area for the 2008 ozone 
NAAQS standard, the 2017 transportation conformity motor vehicle 
emissions budgets, and the required contingency measures for failure to 
meet RFP. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before October 20, 2016.

ADDRESSES: Submit your comments, identified by Docket No. [EPA-R06-OAR-
2015-0495], at http://www.regulations.gov or via email to 
jacques.wendy@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Ms. Wendy Jacques, (214) 
665-7395, jacques.wendy@epa.gov. For the

[[Page 64373]]

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 the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Wendy Jacques, (214) 665-7395, 
jacques.wendy@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Wendy Jacques or Mr. Bill Deese at 
(214) 665-7253.

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

I. Background

    The EPA is proposing to approve revisions to the Texas SIP, 
submitted to EPA on July 10, 2015 and supplemented on April 22, 2016 to 
meet certain requirements under section 182(b) of the CAA for the DFW 
Moderate nonattainment area (NAA) under the 2008 ozone standard. We are 
proposing to approve the DFW RFP SIP that includes the RFP plan, 
contingency measures for failure to meet RFP milestone requirements, 
and the 2017 transportation conformity motor vehicle emissions budgets 
(MVEBs). We are also proposing to approve the 2011 base year emissions 
inventory (EI).
    On March 12, 2008, the EPA promulgated a revised 8-hour ozone 
standard of 0.075 parts per million (ppm) \1\ and on April 30, 2012, 
the EPA designated and classified the DFW area (consisting of Collin, 
Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant and 
Wise counties) \2\ as a Moderate NAA under the 2008 ozone standard with 
an attainment date of July 20, 2018.\3\ Accordingly, the Texas 
Commission on Environmental Quality (TCEQ) was required to submit 
revisions to the DFW SIP to meet requirements under section 182(b) of 
the CAA for the Moderate NAA. A brief history of the DFW area under the 
prior 1-hour and 1997 8-hour ozone standards, as well as additional 
background information, is provided in the Technical Support Document 
(TSD), which is in the docket for this rulemaking.
---------------------------------------------------------------------------

    \1\ See 73 FR 16436, published March 27, 2008. In this action we 
refer to the 2008 8-hour ozone standard as ``the 2008 ozone NAAQS'' 
or ``the 2008 ozone standard.''
    \2\ See 77 FR 30088, published May 21, 2012. We refer to the DFW 
nonattainment area for the 2008 ozone standard as ``the 10-county 
NAA.''
    \3\ See 80 FR 12264, published March 6, 2015.
---------------------------------------------------------------------------

A. The Reasonable Further Progress (RFP) Plan

    The CAA requires that areas designated as nonattainment for ozone 
and classified as Moderate or worse demonstrate RFP in reducing 
emissions of ozone precursors (nitrogen oxides or NOX and 
volatile organic compounds or VOCs) \4\ over a specific period of time. 
The RFP plan generally is designed to achieve progress toward meeting 
the ozone NAAQS through annual reductions in emissions of 
NOX and/or VOCs. In our final rule to implement the 2008 
ozone standard (referred to as the SIP Requirements Rule or SRR) we 
addressed, among other things, the RFP requirements as they apply to 
areas designated nonattainment and classified as Moderate for the 2008 
ozone standard. For the purposes of the 2008 ozone NAAQS, the EPA in 
the SRR interpreted CAA section 182(b)(1)(A)(ii) to require such 
Moderate areas to obtain 15 percent ozone precursor emission reductions 
over the first 6 years after the baseline year for the 2008 ozone NAAQS 
(see 80 FR 12264, March 6, 2015 and 40 CFR 51.1110).
---------------------------------------------------------------------------

    \4\ For additional information on ozone, please see the TSD and 
visit www.epa.gov/groundlevelozone.
---------------------------------------------------------------------------

    RFP plans must also include a MVEB, which provides the allowable 
on-road mobile emissions an area can produce and continue to 
demonstrate RFP. The State's RFP submittal included MVEBs for the DFW 
area for the year 2017 (see Chapter 5 of the State's submittal and page 
13 of our TSD). The MVEBs are discussed in detail later in this 
rulemaking.
    Pursuant to section 172(c)(9) of the CAA, nonattainment plan 
provisions must also provide for the implementation of contingency 
measures, that is, specific measures to be undertaken if a 
nonattainment area fails to make reasonable further progress, or to 
attain the national primary ambient air quality standard by the 
applicable attainment date. Such contingency measures shall take effect 
without further action by the State or EPA, which include additional 
controls that would be implemented if the area fails to reach, in this 
case, its RFP milestones. While the CAA does not specify the type of 
measures or quantity of emissions reductions required, EPA has 
interpreted the CAA to mean that implementation of these contingency 
measures would provide additional emissions reductions of up to 3% of 
the adjusted base year inventory (or a lesser percentage that will make 
up the identified shortfall) in the year following the RFP milestone 
year. For more information on contingency measures, see the April 16, 
1992 General Preamble (57 FR 13498, 13510) and the SRR (80 FR 12264, 
12285). The State provided emissions reductions in excess of those 
needed for RFP as contingency measures (see Chapter 4, pages 15-17 of 
the State's submittal and Tables 6 and 7 in our TSD). The submitted 
contingency measures include, but are not limited to, (1) mobile source 
emission reductions addressing engine and fuel rules; and (2) fleet 
turnover.
    In addition, section 182(a)(1) of the CAA requires an inventory of 
actual emissions from all sources of relevant pollutants in the 
nonattainment area. Such emissions inventories are used, among other 
things, in the calculations concerning RFP in such areas. In the SRR, 
the EPA recommended using 2011 as the base year emission inventory. 
Texas submitted a revised 2011 base year inventory for area and mobile 
source emissions in the ten-county NAA to meet this requirement.

II. The EPA's Evaluation

    The SIP revision submitted by the TCEQ on July 10, 2015 and 
supplemented on April 22, 2016 includes: (1) A revised 2011 base year 
EI for area and mobile sources; (2) the RFP plan (which must 
demonstrate NOX and/or VOC emissions reductions of at least 
fifteen percent through 2017 for nine of the ten counties and VOC-only 
emissions reductions for Wise County); (3) contingency measures to be 
implemented in 2018 if the 2017 RFP target is not met; and (4) the 
MVEBs for 2017.\5\
---------------------------------------------------------------------------

    \5\ A technical supplement to the RFP submittal was provided by 
the TCEQ on April 22, 2016, showing how Wise County meets the 15% 
emission reduction requirement described elsewhere in this proposal. 
The data provided in the technical supplement was included in the 
July 10, 2015 SIP submittal, but was not used in the State's 
calculations because the TCEQ calculated the 15% emission reduction 
using all 10 counties and did not realize the requirement for Wise 
County to meet a 15% emission reduction by itself. For more detail, 
see our TSD and the TCEQ's April 22, 2016 technical supplement in 
the docket for this rulemaking.
---------------------------------------------------------------------------

    We reviewed the submittal for consistency with the requirements of 
the CAA, EPA regulations, and EPA guidance. A summary of our analysis 
and findings are provided below. For a more detailed discussion of our 
evaluation, please see our TSD.

[[Page 64374]]

A. The DFW Base Year Emissions Inventory

    An emissions inventory is a comprehensive, accurate, and current 
inventory of actual emission from all sources. It is required by 
sections 172(c)(3) and 182(b)(1) of the CAA that require that 
nonattainment plan provisions include an inventory of NOX 
and VOC emissions from all sources in the nonattainment area. The EPA 
previously approved the 2011 base year inventory (see 80 FR 9204, 
February 20, 2015). Since that submittal, several improvements have 
been made, including, but not limited to, improvements to the models 
used to calculate the mobile source categories within the inventory. 
Because of these refinements, revisions to more accurately reflect the 
EI were made by the TCEQ. We have determined that the revised inventory 
was developed in accordance with EPA guidance and regulations \6\ and 
therefore, we propose to approve the revised 2011 base year EI. For 
reference, the previously approved base year EI (80 FR 9204) is 
provided in Table 1, reported in tons per day (tpd), along with the 
revised 2011 base year EI, also reported in tpd. Details on how each of 
the emissions categories was revised and emissions totals for each 
county are included in the TSD.
---------------------------------------------------------------------------

    \6\ Under sections 172(c)(3) and 182(a)(1) of the CAA, states 
are required to submit EI information for all relevant sources for 
areas that are designated nonattainment for any of the NAAQS. See 
also https://www.epa.gov/air-emissions-inventories for more 
information on air emission inventories, including regulations and 
EPA guidance.

                     Table 1--Previously Approved (80 FR 9204) and Revised RFP Base Year EIs
----------------------------------------------------------------------------------------------------------------
                                                                NOX                             VOC
                                                 ---------------------------------------------------------------
                   Source type                    Approved at 80     Submitted    Approved at 80     Submitted
                                                      FR 9204       revisions *       FR 9204       revisions *
----------------------------------------------------------------------------------------------------------------
                    2011 Base Year Inventory for the DFW Ten-County Nonattainment Area (tpd)
----------------------------------------------------------------------------------------------------------------
Point...........................................           39.95           39.95           29.80           29.80
Area............................................           42.64           50.98          292.49          291.31
Non-road Mobile.................................          120.61          116.95           55.00           54.63
On-road Mobile..................................          238.87          241.13           98.36          104.12
                                                 ---------------------------------------------------------------
    Total.......................................          442.07          449.01          475.65          479.86
----------------------------------------------------------------------------------------------------------------
* Submitted to EPA by the TCEQ on July 10, 2015.

B. The DFW RFP SIP Revision

1. The Adjusted Base Year Inventory and RFP Target Levels for 2017 and 
2018
    The 2011 base year EI is the starting point for calculating RFP. 
The ``adjusted'' emissions are what we would expect to see if the on-
road fleet did not implement the low Reid Vapor Pressure (RVP) gasoline 
and pre-1990 automobile emission controls. Such controls are not 
creditable under section 182(b)(1)(D) of the CAA, but are no longer 
required to be calculated for exclusion in RFP analyses because the 
Administrator determined that due to the passage of time the effect of 
these exclusions would be de minimis (40 CFR 51.1110). The State has 
chosen these non-creditable reductions to represent a more accurate 
accounting, which is acceptable. The result, after subtracting the non-
creditable reductions, is known as the adjusted base year inventory. 
The RFP target levels and emissions reductions required to meet those 
targets are calculated from the adjusted base year inventory.
    To achieve the RFP target levels, section 182(c)(2)(B) of the CAA 
allows for substitution of NOX emission reductions for VOC 
emission reductions in certain circumstances. See 80 FR 12264, 12271 
and 40 CFR 51.1110.\7\ For example, the DFW ten-county NAA includes 
nine counties that have already met the 15 percent emission reduction 
requirement for VOC under the 1-hour ozone NAAQS (Collin, Dallas, 
Denton and Tarrant, see 70 FR 18993) and under the 1997 ozone NAAQS 
(Ellis, Johnson, Kaufman, Parker and Rockwall, see 73 FR 58475). 
Therefore, these nine counties may rely upon NOX and VOC 
emissions reductions to achieve the RFP target levels. Wise County 
however, must meet the 15 percent VOC emission reduction requirement 
because this is its first time to be covered under the ozone 
nonattainment SIP requirements. This also means that these VOC emission 
reductions are calculated separately from the other nine counties (see 
the TSD for a more detailed explanation). The RFP submittal provides 
emission reductions of NOX and VOC whose combined total is 
15 percent for nine of the ten counties (all but Wise County). As 
explained in more detail in the State's April 22, 2016 ``Technical 
Supplement to the 2008 Ozone DFW RFP SIP Revision,'' the TCEQ provided 
a technical supplement to EPA to correct the 2017 RFP demonstration for 
Wise County as well as a corrected RFP spreadsheet that removed the 
transfer of VOC reductions to Wise County and credits emissions 
reductions from drilling rig controls that were available but not 
credited in its July 10, 2015 submittal. The technical supplement shows 
that Wise County meets the 15% VOC-only reduction requirement from the 
2011 base year through the 2017 attainment year based solely on 
reductions from within Wise County. All the data used to meet this 
requirement within Wise County was included in the original submitted 
SIP RFP revision but was not used in the RFP calculations because TCEQ 
did not think it was needed at that time.
---------------------------------------------------------------------------

    \7\ See also our December 1993 NOX Substitution 
Guidance at www.epa.gov/ttn/caaa/t1/memoranda/noxsubst.pdf and 
www.epa.gov/ttn/oarpg/t1/memoranda/clarisub.pdf.
---------------------------------------------------------------------------

    Tables 2 and 3 provide an accounting of the emissions targets 
through 2017. Table 2 shows the calculations and reductions required 
for nine of the ten counties (all but Wise County) to achieve RFP and 
Table 3 provides the calculations and reductions required for Wise 
County to achieve RFP.\8\
---------------------------------------------------------------------------

    \8\ To cross-reference the calculations in these two tables, 
please see Tables 3, 4 and 5 in the TSD for this proposal.

[[Page 64375]]



  Table 2--Calculation of NOX and VOC Reductions for Nine Counties (All
                      but Wise County) Through 2017
                                  [tpd]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
a. 2011 Emissions Inventory.............          414.52          445.79
b. Non-creditable on-road reductions                2.87           -4.45
 2011-2017..............................
c. 2017 Adjusted Base Year EI (row a              411.65          450.24
 minus row b)...........................
d. Percent of NOX and VOC to meet 15%              10.0%            5.0%
 reduction..............................
e. 15% NOX and VOC reduction, 2011-2017            41.17           22.51
 [(row c) x (row d)]....................
f. 2017 Target Level of Emission (row c           370.48          427.73
 minus row e)...........................
------------------------------------------------------------------------


 Table 3--Calculation of NOX and VOC Reductions for Wise County Through
                                  2017
                                  [tpd]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
a. 2011 Emissions Inventory.............           34.49           34.07
b. Non-creditable on-road reductions,               0.21           -0.08
 2011-2017..............................
c. 2017 Adjusted Base Year EI (row a               34.28           34.15
 minus row b)...........................
d. Percent of NOX and VOC to meet 15%                N/A           15.0%
 reduction..............................
e. 15% VOC reduction, through 2017 [(row             N/A            5.12
 d) x (row e)]..........................
f. 2017 Target Level of Emissions (row c           34.28           29.03
 minus row e)...........................
------------------------------------------------------------------------

    We find the calculations are mathematically correct and approvable.
2. The Projected Emissions Inventories and How the Required Emissions 
Reductions Are Achieved
    Section 182(b)(1)(A) of the CAA requires that States provide 
sufficient control measures in their RFP plans to offset growth in 
emissions. To do this, the State must estimate the amount of growth 
that will occur between 2011 and the end of 2017. The State's approach 
is consistent with our guidelines in estimating the growth in 
emissions.\9\ The projections of growth are labeled as the 
``Uncontrolled Emissions'' for 2017 under (b) in the table below and 
are described in greater detail in our TSD.\10\
---------------------------------------------------------------------------

    \9\ Our EI guidance documents are posted at https://www.epa.gov/air-emissions-inventories/emissions-inventory-guidance-documents.
    \10\ See also Tables 8 and 9 in the TSD for this proposal.
---------------------------------------------------------------------------

    Texas then estimated emission reductions from State and federal 
control measures in place in 2011 and expected to continue through 
2017. The list of State and federal control measures relied upon is 
provided in our TSD and includes, but is not limited to, on-road and 
non-road mobile source emission reductions from engine and fuel rules 
and fleet turnover.\11\ Texas appropriately estimated the emission 
reductions from controls in place in 2011 and appropriately projected 
the emission reductions out to 2017 (see more details in the TSD) that 
are found on line (c) in Table 4. Texas then applied these current and 
future estimated reductions to the appropriate uncontrolled 
inventories. The results are the projected emissions listed in line 
``d'' in Tables 4 and 5 of this proposal. The total amount of VOC and 
NOX emissions in the controlled inventories for 2017 must be 
equal to or less than the corresponding RFP target inventories to 
demonstrate RFP.
---------------------------------------------------------------------------

    \11\ See Tables 6 and 7 in the TSD for this proposal.

                       Table 4--Summary of RFP Demonstration for the DFW Area Through 2017
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                   Description                          NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
                                                            9 Counties
                                                            Wise County
                                                 ---------------------------------------------------------------
a. 2017 Target..................................          370.48          427.73           34.28           29.03
b. 2017 Uncontrolled Emissions..................         1139.93          830.38           49.33           34.68
c. Projected Emission Reductions through 2017...          839.50          428.85           20.29            5.73
d. Projected Emissions after Reductions (b-c)...          300.43          401.53           29.04           28.95
2017 RFP Targets................................          370.48          427.73           34.28           29.03
RFP Met?........................................             yes             yes             yes             yes
Surplus or (shortfall)..........................           70.05           26.20            5.24            0.08
----------------------------------------------------------------------------------------------------------------

    As shown in Table 4, the projected emissions in line ``d'' for 
NOX and VOC for all counties in the DFW ten-county NAA are 
less than the RFP targets and therefore meet the RFP requirement 
(target or milestone) for 2017. Therefore, the EPA is proposing that 
the emissions reductions projected for 2017 are sufficient to meet the 
2017 RFP targets.
3. The RFP Contingency Measures
    Section 172(c)(9) of the CAA requires that an RFP plan for a 
Moderate nonattainment area include contingency measures, which are 
additional controls to be implemented if the area fails to make 
reasonable further progress, i.e., fails to reach the 2017 RFP target. 
Contingency measures are intended to achieve reductions over and beyond 
those relied on in the RFP demonstration to achieve the 2017 milestones 
and could include federal

[[Page 64376]]

and State measures already scheduled for implementation. The CAA does 
not preclude a State from implementing such measures before they are 
triggered. Texas used federal and State measures expected to be 
implemented to meet the contingency measure requirement for the RFP. 
These measures provide reductions through 2018 that are in excess of 
those needed to achieve the 2017 RFP milestones. Tables 5 and 6 provide 
an accounting of the emissions targets through 2018. Table 5 shows the 
calculations and reductions required to meet the contingency 
requirement for nine of the ten counties (all but Wise County) and 
Table 6 provides the calculations and reductions required for Wise 
County to meet the contingency requirement. Regarding the content of 
the contingency measures, the 3 percent emissions reductions for 
contingency measures may be based entirely on NOX controls 
if the area has completed the initial 15 percent rate-of-progress VOC 
reduction required by CAA section 182(b)(1)(A)(i) \12\ and the State 
showed that NOX substitution would be most effective in 
bringing the area into attainment. The State demonstrated that the DFW 
rural and northwestern monitors located on the periphery of the DFW 
area have continued to measure NOX-limited conditions, 
meaning that ozone formation is more sensitive to the amount of 
NOX present in the atmosphere. The State also shows that the 
DFW monitors in the urban core measure more transitional conditions 
(not strongly limited by either NOX or VOC) and controlling 
either VOC or NOX emissions in these regions would reduce 
ozone concentrations.\13\ For the RFP contingency measures, the State 
chose a mix of NOX and VOC emission reductions for all but 
Wise County and chose just NOX emission reductions for Wise 
County. The State chose to separately account for contingency measures 
for Wise County and to be consistent, we have done the same.
---------------------------------------------------------------------------

    \12\ See 80 FR 12264, 12285.
    \13\ The TCEQ established long ago that DFW area ozone levels 
are sensitive to NOX emissions and we are aware of the 
transition in the urban core. See Appendix D (the conceptual model) 
for the State's Attainment Demonstration for the DFW area under the 
2008 ozone standard, which is posted on the TCEQ Web site at https://www.tceq.texas.gov/airquality/sip/dfw/dfw-latest-ozone.

   Table 5--Demonstration of 2018 Contingency Measures (tpd) for Nine
                                Counties
                          [All but Wise County]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
A. 2017 Adjusted Base Year EI...........          411.65          450.24
B. Percent of NOX and VOC to meet 3%                  2%              1%
 contingency............................
C. Required reduction to provide                    8.23            4.50
 contingency (A x B)....................
D. Reduction to meet RFP in 2017 (Table            41.17           22.51
 2, line e).............................
E. 2018 on-road mobile non-creditable               0.58            0.23
 reductions.............................
F. 2018 Target Level of Emissions (line           361.67          423.00
 A-C-D-E)...............................
------------------------------------------------------------------------
            Excess reductions to meet contingency requirement
------------------------------------------------------------------------
G. 2018 Uncontrolled Emissions..........         1157.47          833.75
H. Total Reductions Projected through             878.29          445.64
 2018...................................
J. Projected emissions after reductions           279.18          388.11
 (line G minus line H)..................
Add line C..............................            8.23            4.50
K. Projected emissions, accounting for            287.41          392.61
 contingency measures...................
------------------------------------------------------------------------
                       Total surplus or shortfall
------------------------------------------------------------------------
Line K is less than line F. Subtract               74.26           30.39
 line K from line F for surplus.........
Is the contingency measure requirement               Yes             Yes
 met?...................................
------------------------------------------------------------------------


   Table 6--Demonstration of 2018 Contingency Measures for Wise County
                                  [tpd]
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
A. 2017 Adjusted Base Year EI...........           34.28           34.15
B. Percent of NOX and VOC to meet 3%                  3%  ..............
 contingency............................
C. Required reduction to provide                    1.03  ..............
 contingency (A x B)....................
D. Reduction to meet RFP in 2017........               0            5.12
E. 2018 on-road mobile non-creditable                  0               0
 reductions.............................
F. 2018 Target Level of Emissions (line            33.25           29.03
 A-C-D-E)...............................
------------------------------------------------------------------------
            Excess reductions to meet contingency requirement
------------------------------------------------------------------------
G. 2018 Uncontrolled Emissions..........           46.24           29.71
H. Total Reductions Projected through              20.95            5.97
 2018...................................
J. Projected emissions after reductions            25.29           23.74
 (line G minus line H)..................
Add line C..............................            1.03               0
K. Projected emissions, accounting for             26.32           23.74
 contingency measures...................
------------------------------------------------------------------------
                       Total surplus or shortfall
------------------------------------------------------------------------
Line K is less than line F. Subtract                6.93            5.29
 line K from line F for surplus.........
Is the contingency measure requirement               Yes  ..............
 met?...................................
------------------------------------------------------------------------


[[Page 64377]]

    As shown in Tables 5 and 6, the NOX and VOC emission 
reductions through 2018 are sufficient to provide at least 3 percent 
emission reductions and thus we find that the contingency measures 
requirement are met for RFP.
4. The Motor Vehicle Emissions Budgets (MVEBs)
    According to the transportation conformity rule, an RFP plan must 
establish MVEBs for transportation conformity purposes. See 40 CFR 
93.118(b)(1)(i). The MVEB is the mechanism to ensure that future 
transportation activities will not produce new air quality violations, 
worsen existing violations, delay reaching RFP milestones, or delay 
timely attainment of the NAAQS. A MVEB establishes the maximum amount 
of emissions allowed in the SIP for on-road motor vehicles.
    As part of the July 10, 2015, SIP revision submittal, the TCEQ 
included VOC and NOX MVEBs for 2017; these budgets are 
provided in Table 7. For the budgets to be approvable, they must meet, 
at a minimum, EPA's adequacy criteria (40 CFR 93.118(e)(4)). The 
availability of these budgets was posted on our Web site on August 25, 
2015, for the purpose of soliciting public comments on their adequacy. 
The comment period closed on September 24, 2015, and we received no 
comments. On January 11, 2016, we published the Notice of Adequacy 
Determination for these MVEBs (81 FR 1184). As a result of such 
adequacy determination, these MVEBs must be used by state and Federal 
agencies in determining whether proposed transportation projects 
conform to the SIP as required by section 176(c) of the CAA. The 
adequacy determination represents a preliminary finding by EPA of the 
acceptability of the MVEBs. Today we are proposing that these MVEBs are 
fully consistent with RFP, as it sets the allowable on-road mobile 
emissions the DFW area can produce and continue to demonstrate RFP.

       Table 7--RFP Motor Vehicle Emissions Budgets for DFW (tpd)
------------------------------------------------------------------------
                    Year                           NOX           VOC
------------------------------------------------------------------------
2017........................................       148.36         77.18
------------------------------------------------------------------------

III. Proposed Action

    The EPA is proposing to approve revisions to the Texas SIP to meet 
certain requirements under section 182(b) of the CAA for the DFW 
Moderate nonattainment area under the 2008 ozone standard that were 
submitted to EPA on July 10, 2015 and supplemented on April 22, 2016. 
We are proposing to approve the revised base year emission inventory, 
the RFP plan, the 2017 MVEBs; and RFP contingency measures.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 14, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-22564 Filed 9-19-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  64372               Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  or material that the Bureau considers                   Subpart C—Approved American                           ENVIRONMENTAL PROTECTION
                                                  unsuitable for posting.                                 Viticultural Areas                                    AGENCY
                                                    You may also view copies of this
                                                                                                          ■ 2. Section 9.207 is amended by                      40 CFR Part 52
                                                  notice of proposed rulemaking, all
                                                  related petitions, maps and other                       revising paragraph (b) introductory text,             [EPA–R06–OAR–2015–0495; FRL–9951–38–
                                                  supporting materials, and any electronic                adding paragraphs (b)(8) through (10),                Region 6]
                                                  or mailed comments that TTB receives                    revising paragraphs (c)(16) and (17),
                                                                                                          redesignating paragraph (c)(18) through               Approval and Promulgation of Air
                                                  about this proposal by appointment at
                                                                                                          (22) as paragraphs (c)(21) through (25),              Quality Implementation Plans; Texas;
                                                  the TTB Information Resource Center,                                                                          Reasonable Further Progress Plan and
                                                  1310 G Street NW., Washington, DC                       and adding new paragraphs (c)(18)
                                                                                                          through (20).                                         Motor Vehicle Emissions Budgets for
                                                  20005. You may also obtain copies at 20                                                                       the Dallas/Fort Worth 2008 Ozone
                                                  cents per 8.5- x 11-inch page. Please                     The revisions and additions read as                 Nonattainment Area
                                                  note that TTB is unable to provide                      set forth below:
                                                  copies of USGS maps or other similarly-                                                                       AGENCY:  Environmental Protection
                                                  sized documents that may be included                    § 9.207   Outer Coastal Plain.                        Agency (EPA).
                                                  as part of the AVA petition. Contact                    *     *    *     *     *                              ACTION: Proposed rule.
                                                  TTB’s information specialist at the                       (b) Approved maps. The appropriate                  SUMMARY:    The Environmental Protection
                                                  above address or by telephone at 202–                   maps for determining the boundary of                  Agency (EPA) is proposing to approve
                                                  453–2265 to schedule an appointment                     the Outer Coastal Plain viticultural area             revisions to the Dallas/Fort Worth
                                                  or to request copies of comments or                     are 10 United States Geological Survey                (DFW) Texas Reasonable Further
                                                  other materials.                                        topographic maps. They are titled:                    Progress (RFP) State Implementation
                                                  Regulatory Flexibility Act                              *     *    *     *     *                              Plan (SIP) for the DFW moderate
                                                                                                                                                                nonattainment area for the 2008 ozone
                                                     TTB certifies that this proposed                       (8) Freehold, New Jersey, 2014, 1:                  National Ambient Air Quality Standard
                                                  regulation, if adopted, would not have                  24,000 scale;                                         (NAAQS or standard). The SIP revision
                                                  a significant economic impact on a                        (9) Marlboro, New Jersey, 2014,                     was submitted to the EPA on July 10,
                                                  substantial number of small entities.                   1:24,000 scale; and                                   2015 and supplemented on April 22,
                                                  The proposed regulation imposes no                        (10) Keyport, New Jersey–New York,                  2016. We also are proposing to approve
                                                  new reporting, recordkeeping, or other                  2014, 1:24,000 scale.                                 revisions to the 2011 base year
                                                  administrative requirement. Any benefit                                                                       emissions inventory for the DFW
                                                  derived from the use of an AVA name                       (c) * * *                                           moderate nonattainment area for the
                                                  would be the result of a proprietor’s                     (16) Continue northeasterly on CR                   2008 ozone NAAQS standard, the 2017
                                                  efforts and consumer acceptance of                      537, crossing onto the Freehold, New                  transportation conformity motor vehicle
                                                  wines from that area. Therefore, no                     Jersey, map, to the intersection of CR                emissions budgets, and the required
                                                  regulatory flexibility analysis is                      537 (known locally as W. Main Street)                 contingency measures for failure to meet
                                                  required.                                               and State Route 79 (known locally as S.               RFP. This action is being taken under
                                                                                                          Main Street) in Freehold; then                        the Clean Air Act (CAA).
                                                  Executive Order 12866                                                                                         DATES: Written comments must be
                                                                                                            (17) Proceed northeasterly, then                    received on or before October 20, 2016.
                                                    It has been determined that this                      northerly, along State Route 79, crossing
                                                                                                                                                                ADDRESSES: Submit your comments,
                                                  proposed rule is not a significant                      onto the Marlboro, New Jersey, map to
                                                                                                                                                                identified by Docket No. [EPA–R06–
                                                  regulatory action as defined by                         the intersection of State Route 79 and                OAR–2015–0495], at http://
                                                  Executive Order 12866 of September 30,                  Pleasant Valley Road in Wickatunk;                    www.regulations.gov or via email to
                                                  1993. Therefore, no regulatory                          then                                                  jacques.wendy@epa.gov. Follow the
                                                  assessment is required.                                   (18) Proceed northeasterly, then                    online instructions for submitting
                                                  Drafting Information                                    southeasterly along Pleasant Valley                   comments. Once submitted, comments
                                                                                                          Road to the road’s intersection with                  cannot be edited or removed from
                                                    Karen A. Thornton of the Regulations                  Schank Road, south of Pleasant Valley;                Regulations.gov. The EPA may publish
                                                  and Rulings Division drafted this notice                then                                                  any comment received to its public
                                                  of proposed rulemaking.                                                                                       docket. Do not submit electronically any
                                                                                                            (19) Proceed easterly along Schank
                                                                                                                                                                information you consider to be
                                                  List of Subjects in 27 CFR Part 9                       Road to the road’s intersection with
                                                                                                                                                                Confidential Business Information (CBI)
                                                                                                          Holmdel Road; then                                    or other information whose disclosure is
                                                      Wine.
                                                                                                            (20) Proceed northerly along Holmdel                restricted by statute. Multimedia
                                                  Proposed Regulatory Amendment                           Road, crossing onto the Keyport, New                  submissions (audio, video, etc.) must be
                                                                                                          Jersey–New York map, to the road’s                    accompanied by a written comment.
                                                    For the reasons discussed in the
                                                                                                          intersection with the Garden State                    The written comment is considered the
                                                  preamble, TTB proposes to amend title
                                                                                                          Parkway, north of Crawford Corners;                   official comment and should include
                                                  27, chapter I, part 9, Code of Federal                                                                        discussion of all points you wish to
                                                                                                          then
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Regulations, as follows:                                                                                      make. The EPA will generally not
                                                                                                          *     *    *     *     *
                                                                                                                                                                consider comments or comment
                                                  PART 9—AMERICAN VITICULTURAL                              Dated: September 14, 2016.                          contents located outside of the primary
                                                  AREAS                                                   John J. Manfreda,                                     submission (i.e. on the web, cloud, or
                                                                                                          Administrator.                                        other file sharing system). For
                                                  ■ 1. The authority citation for part 9                                                                        additional submission methods, please
                                                                                                          [FR Doc. 2016–22635 Filed 9–19–16; 8:45 am]
                                                  continues to read as follows:                                                                                 contact Ms. Wendy Jacques, (214) 665–
                                                                                                          BILLING CODE 4810–31–P
                                                      Authority: 27 U.S.C. 205.                                                                                 7395, jacques.wendy@epa.gov. For the


                                             VerDate Sep<11>2014   16:30 Sep 19, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\20SEP1.SGM   20SEP1


                                                                      Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                                  64373

                                                  full EPA public comment policy,                         1-hour and 1997 8-hour ozone                          measures would provide additional
                                                  information about CBI or multimedia                     standards, as well as additional                      emissions reductions of up to 3% of the
                                                  submissions, and general guidance on                    background information, is provided in                adjusted base year inventory (or a lesser
                                                  making effective comments, please visit                 the Technical Support Document (TSD),                 percentage that will make up the
                                                  http://www2.epa.gov/dockets/                            which is in the docket for this                       identified shortfall) in the year
                                                  commenting-epa-dockets.                                 rulemaking.                                           following the RFP milestone year. For
                                                     Docket: The index to the docket for                                                                        more information on contingency
                                                  this action is available electronically at              A. The Reasonable Further Progress
                                                                                                          (RFP) Plan                                            measures, see the April 16, 1992
                                                  www.regulations.gov and in hard copy                                                                          General Preamble (57 FR 13498, 13510)
                                                  at the EPA Region 6, 1445 Ross Avenue,                     The CAA requires that areas                        and the SRR (80 FR 12264, 12285). The
                                                  Suite 700, Dallas, Texas. While all                     designated as nonattainment for ozone                 State provided emissions reductions in
                                                  documents in the docket are listed in                   and classified as Moderate or worse                   excess of those needed for RFP as
                                                  the index, some information may be                      demonstrate RFP in reducing emissions                 contingency measures (see Chapter 4,
                                                  publicly available only at the hard copy                of ozone precursors (nitrogen oxides or               pages 15–17 of the State’s submittal and
                                                  location (e.g., copyrighted material), and              NOX and volatile organic compounds or                 Tables 6 and 7 in our TSD). The
                                                  some may not be publicly available at                   VOCs) 4 over a specific period of time.               submitted contingency measures
                                                  either location (e.g., CBI).                            The RFP plan generally is designed to                 include, but are not limited to, (1)
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                    achieve progress toward meeting the                   mobile source emission reductions
                                                  Wendy Jacques, (214) 665–7395,                          ozone NAAQS through annual                            addressing engine and fuel rules; and (2)
                                                  jacques.wendy@epa.gov. To inspect the                   reductions in emissions of NOX and/or                 fleet turnover.
                                                  hard copy materials, please schedule an                 VOCs. In our final rule to implement the                 In addition, section 182(a)(1) of the
                                                  appointment with Ms. Wendy Jacques                      2008 ozone standard (referred to as the               CAA requires an inventory of actual
                                                  or Mr. Bill Deese at (214) 665–7253.                    SIP Requirements Rule or SRR) we                      emissions from all sources of relevant
                                                  SUPPLEMENTARY INFORMATION:                              addressed, among other things, the RFP                pollutants in the nonattainment area.
                                                  Throughout this document, ‘‘we,’’ ‘‘us,’’               requirements as they apply to areas                   Such emissions inventories are used,
                                                  and ‘‘our’’ mean the EPA.                               designated nonattainment and classified               among other things, in the calculations
                                                                                                          as Moderate for the 2008 ozone                        concerning RFP in such areas. In the
                                                  I. Background                                           standard. For the purposes of the 2008                SRR, the EPA recommended using 2011
                                                     The EPA is proposing to approve                      ozone NAAQS, the EPA in the SRR                       as the base year emission inventory.
                                                  revisions to the Texas SIP, submitted to                interpreted CAA section 182(b)(1)(A)(ii)              Texas submitted a revised 2011 base
                                                  EPA on July 10, 2015 and supplemented                   to require such Moderate areas to obtain              year inventory for area and mobile
                                                  on April 22, 2016 to meet certain                       15 percent ozone precursor emission                   source emissions in the ten-county NAA
                                                  requirements under section 182(b) of the                reductions over the first 6 years after the           to meet this requirement.
                                                  CAA for the DFW Moderate                                baseline year for the 2008 ozone
                                                  nonattainment area (NAA) under the                      NAAQS (see 80 FR 12264, March 6,                      II. The EPA’s Evaluation
                                                  2008 ozone standard. We are proposing                   2015 and 40 CFR 51.1110).                               The SIP revision submitted by the
                                                  to approve the DFW RFP SIP that                            RFP plans must also include a MVEB,                TCEQ on July 10, 2015 and
                                                  includes the RFP plan, contingency                      which provides the allowable on-road                  supplemented on April 22, 2016
                                                  measures for failure to meet RFP                        mobile emissions an area can produce                  includes: (1) A revised 2011 base year
                                                  milestone requirements, and the 2017                    and continue to demonstrate RFP. The                  EI for area and mobile sources; (2) the
                                                  transportation conformity motor vehicle                 State’s RFP submittal included MVEBs                  RFP plan (which must demonstrate NOX
                                                  emissions budgets (MVEBs). We are also                  for the DFW area for the year 2017 (see               and/or VOC emissions reductions of at
                                                  proposing to approve the 2011 base year                 Chapter 5 of the State’s submittal and                least fifteen percent through 2017 for
                                                  emissions inventory (EI).                               page 13 of our TSD). The MVEBs are                    nine of the ten counties and VOC-only
                                                     On March 12, 2008, the EPA                           discussed in detail later in this                     emissions reductions for Wise County);
                                                  promulgated a revised 8-hour ozone                      rulemaking.                                           (3) contingency measures to be
                                                  standard of 0.075 parts per million                        Pursuant to section 172(c)(9) of the
                                                                                                                                                                implemented in 2018 if the 2017 RFP
                                                  (ppm) 1 and on April 30, 2012, the EPA                  CAA, nonattainment plan provisions
                                                                                                                                                                target is not met; and (4) the MVEBs for
                                                  designated and classified the DFW area                  must also provide for the
                                                                                                                                                                2017.5
                                                  (consisting of Collin, Dallas, Denton,                  implementation of contingency
                                                                                                                                                                  We reviewed the submittal for
                                                  Ellis, Johnson, Kaufman, Parker,                        measures, that is, specific measures to
                                                                                                                                                                consistency with the requirements of
                                                  Rockwall, Tarrant and Wise counties) 2                  be undertaken if a nonattainment area
                                                                                                                                                                the CAA, EPA regulations, and EPA
                                                  as a Moderate NAA under the 2008                        fails to make reasonable further
                                                                                                                                                                guidance. A summary of our analysis
                                                  ozone standard with an attainment date                  progress, or to attain the national
                                                                                                                                                                and findings are provided below. For a
                                                  of July 20, 2018.3 Accordingly, the                     primary ambient air quality standard by
                                                                                                                                                                more detailed discussion of our
                                                  Texas Commission on Environmental                       the applicable attainment date. Such
                                                                                                                                                                evaluation, please see our TSD.
                                                  Quality (TCEQ) was required to submit                   contingency measures shall take effect
                                                  revisions to the DFW SIP to meet                        without further action by the State or                  5 A technical supplement to the RFP submittal
                                                  requirements under section 182(b) of the                EPA, which include additional controls                was provided by the TCEQ on April 22, 2016,
                                                  CAA for the Moderate NAA. A brief                       that would be implemented if the area                 showing how Wise County meets the 15% emission
                                                                                                                                                                reduction requirement described elsewhere in this
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  history of the DFW area under the prior                 fails to reach, in this case, its RFP
                                                                                                                                                                proposal. The data provided in the technical
                                                                                                          milestones. While the CAA does not                    supplement was included in the July 10, 2015 SIP
                                                    1 See 73 FR 16436, published March 27, 2008. In
                                                                                                          specify the type of measures or quantity              submittal, but was not used in the State’s
                                                  this action we refer to the 2008 8-hour ozone           of emissions reductions required, EPA                 calculations because the TCEQ calculated the 15%
                                                  standard as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008                                                            emission reduction using all 10 counties and did
                                                  ozone standard.’’                                       has interpreted the CAA to mean that
                                                                                                                                                                not realize the requirement for Wise County to meet
                                                    2 See 77 FR 30088, published May 21, 2012. We         implementation of these contingency                   a 15% emission reduction by itself. For more detail,
                                                  refer to the DFW nonattainment area for the 2008                                                              see our TSD and the TCEQ’s April 22, 2016
                                                  ozone standard as ‘‘the 10-county NAA.’’                  4 For additional information on ozone, please see   technical supplement in the docket for this
                                                    3 See 80 FR 12264, published March 6, 2015.           the TSD and visit www.epa.gov/groundlevelozone.       rulemaking.



                                             VerDate Sep<11>2014   16:30 Sep 19, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\20SEP1.SGM   20SEP1


                                                  64374                        Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  A. The DFW Base Year Emissions                                               previously approved the 2011 base year                           accordance with EPA guidance and
                                                  Inventory                                                                    inventory (see 80 FR 9204, February 20,                          regulations 6 and therefore, we propose
                                                                                                                               2015). Since that submittal, several                             to approve the revised 2011 base year
                                                    An emissions inventory is a                                                improvements have been made,                                     EI. For reference, the previously
                                                  comprehensive, accurate, and current                                         including, but not limited to,                                   approved base year EI (80 FR 9204) is
                                                  inventory of actual emission from all                                        improvements to the models used to                               provided in Table 1, reported in tons
                                                  sources. It is required by sections                                          calculate the mobile source categories                           per day (tpd), along with the revised
                                                  172(c)(3) and 182(b)(1) of the CAA that                                      within the inventory. Because of these                           2011 base year EI, also reported in tpd.
                                                  require that nonattainment plan                                              refinements, revisions to more                                   Details on how each of the emissions
                                                  provisions include an inventory of NOX                                       accurately reflect the EI were made by                           categories was revised and emissions
                                                  and VOC emissions from all sources in                                        the TCEQ. We have determined that the                            totals for each county are included in
                                                  the nonattainment area. The EPA                                              revised inventory was developed in                               the TSD.

                                                                                    TABLE 1—PREVIOUSLY APPROVED (80 FR 9204) AND REVISED RFP BASE YEAR EIS
                                                                                                                                                                                          NOX                                  VOC
                                                                                                    Source type                                                             Approved at         Submitted         Approved at          Submitted
                                                                                                                                                                            80 FR 9204          revisions *       80 FR 9204           revisions *

                                                                                                   2011 Base Year Inventory for the DFW Ten-County Nonattainment Area (tpd)

                                                  Point .................................................................................................................            39.95             39.95              29.80               29.80
                                                  Area .................................................................................................................             42.64             50.98             292.49              291.31
                                                  Non-road Mobile ..............................................................................................                    120.61            116.95              55.00               54.63
                                                  On-road Mobile ................................................................................................                   238.87            241.13              98.36              104.12

                                                        Total ..........................................................................................................            442.07            449.01             475.65              479.86
                                                     * Submitted to EPA by the TCEQ on July 10, 2015.


                                                  B. The DFW RFP SIP Revision                                                  for substitution of NOX emission                                 RFP SIP Revision,’’ the TCEQ provided
                                                                                                                               reductions for VOC emission reductions                           a technical supplement to EPA to
                                                  1. The Adjusted Base Year Inventory
                                                                                                                               in certain circumstances. See 80 FR                              correct the 2017 RFP demonstration for
                                                  and RFP Target Levels for 2017 and
                                                                                                                               12264, 12271 and 40 CFR 51.1110.7 For                            Wise County as well as a corrected RFP
                                                  2018
                                                                                                                               example, the DFW ten-county NAA                                  spreadsheet that removed the transfer of
                                                     The 2011 base year EI is the starting                                     includes nine counties that have already                         VOC reductions to Wise County and
                                                  point for calculating RFP. The                                               met the 15 percent emission reduction                            credits emissions reductions from
                                                  ‘‘adjusted’’ emissions are what we                                           requirement for VOC under the 1-hour                             drilling rig controls that were available
                                                  would expect to see if the on-road fleet                                     ozone NAAQS (Collin, Dallas, Denton                              but not credited in its July 10, 2015
                                                  did not implement the low Reid Vapor                                         and Tarrant, see 70 FR 18993) and                                submittal. The technical supplement
                                                  Pressure (RVP) gasoline and pre-1990                                         under the 1997 ozone NAAQS (Ellis,                               shows that Wise County meets the 15%
                                                  automobile emission controls. Such                                           Johnson, Kaufman, Parker and                                     VOC-only reduction requirement from
                                                  controls are not creditable under section                                    Rockwall, see 73 FR 58475). Therefore,                           the 2011 base year through the 2017
                                                  182(b)(1)(D) of the CAA, but are no                                          these nine counties may rely upon NOX                            attainment year based solely on
                                                  longer required to be calculated for                                         and VOC emissions reductions to                                  reductions from within Wise County.
                                                  exclusion in RFP analyses because the                                        achieve the RFP target levels. Wise                              All the data used to meet this
                                                  Administrator determined that due to                                         County however, must meet the 15                                 requirement within Wise County was
                                                  the passage of time the effect of these                                      percent VOC emission reduction                                   included in the original submitted SIP
                                                  exclusions would be de minimis (40                                           requirement because this is its first time                       RFP revision but was not used in the
                                                  CFR 51.1110). The State has chosen                                           to be covered under the ozone                                    RFP calculations because TCEQ did not
                                                  these non-creditable reductions to                                           nonattainment SIP requirements. This                             think it was needed at that time.
                                                  represent a more accurate accounting,                                        also means that these VOC emission
                                                  which is acceptable. The result, after                                       reductions are calculated separately                               Tables 2 and 3 provide an accounting
                                                  subtracting the non-creditable                                               from the other nine counties (see the                            of the emissions targets through 2017.
                                                  reductions, is known as the adjusted                                         TSD for a more detailed explanation).                            Table 2 shows the calculations and
                                                  base year inventory. The RFP target                                          The RFP submittal provides emission                              reductions required for nine of the ten
                                                  levels and emissions reductions                                              reductions of NOX and VOC whose                                  counties (all but Wise County) to
                                                  required to meet those targets are                                           combined total is 15 percent for nine of                         achieve RFP and Table 3 provides the
                                                  calculated from the adjusted base year                                       the ten counties (all but Wise County).                          calculations and reductions required for
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  inventory.                                                                   As explained in more detail in the                               Wise County to achieve RFP.8
                                                     To achieve the RFP target levels,                                         State’s April 22, 2016 ‘‘Technical
                                                  section 182(c)(2)(B) of the CAA allows                                       Supplement to the 2008 Ozone DFW
                                                    6 Under sections 172(c)(3) and 182(a)(1) of the                            more information on air emission inventories,                    noxsubst.pdf and www.epa.gov/ttn/oarpg/t1/
                                                  CAA, states are required to submit EI information                            including regulations and EPA guidance.                          memoranda/clarisub.pdf.
                                                  for all relevant sources for areas that are designated                         7 See also our December 1993 NO Substitution
                                                                                                                                                                  X
                                                                                                                                                                                                  8 To cross-reference the calculations in these two

                                                  nonattainment for any of the NAAQS. See also                                 Guidance at www.epa.gov/ttn/caaa/t1/memoranda/                   tables, please see Tables 3, 4 and 5 in the TSD for
                                                  https://www.epa.gov/air-emissions-inventories for                                                                                             this proposal.



                                             VerDate Sep<11>2014         16:30 Sep 19, 2016          Jkt 238001       PO 00000        Frm 00018        Fmt 4702       Sfmt 4702   E:\FR\FM\20SEP1.SGM   20SEP1


                                                                             Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                                                              64375

                                                   TABLE 2—CALCULATION OF NOX AND VOC REDUCTIONS FOR NINE COUNTIES (ALL BUT WISE COUNTY) THROUGH 2017
                                                                                                                                                           [tpd]

                                                                                                                            Description                                                                                 NOX                 VOC

                                                  a. 2011 Emissions Inventory ...................................................................................................................................          414.52              445.79
                                                  b. Non-creditable on-road reductions 2011–2017 ...................................................................................................                         2.87              ¥4.45
                                                  c. 2017 Adjusted Base Year EI (row a minus row b) .............................................................................................                          411.65              450.24
                                                  d. Percent of NOX and VOC to meet 15% reduction ..............................................................................................                           10.0%                5.0%
                                                  e. 15% NOX and VOC reduction, 2011–2017 [(row c) × (row d)] ..........................................................................                                    41.17               22.51
                                                  f. 2017 Target Level of Emission (row c minus row e) ...........................................................................................                         370.48              427.73


                                                                           TABLE 3—CALCULATION OF NOX AND VOC REDUCTIONS FOR WISE COUNTY THROUGH 2017
                                                                                                                                                           [tpd]

                                                                                                                            Description                                                                                 NOX                 VOC

                                                  a. 2011 Emissions Inventory ...................................................................................................................................            34.49              34.07
                                                  b. Non-creditable on-road reductions, 2011–2017 ..................................................................................................                          0.21             ¥0.08
                                                  c. 2017 Adjusted Base Year EI (row a minus row b) .............................................................................................                            34.28              34.15
                                                  d. Percent of NOX and VOC to meet 15% reduction ..............................................................................................                               N/A             15.0%
                                                  e. 15% VOC reduction, through 2017 [(row d) × (row e)] .......................................................................................                               N/A               5.12
                                                  f. 2017 Target Level of Emissions (row c minus row e) .........................................................................................                            34.28              29.03



                                                   We find the calculations are                                            are labeled as the ‘‘Uncontrolled                                   reductions from controls in place in
                                                  mathematically correct and approvable.                                   Emissions’’ for 2017 under (b) in the                               2011 and appropriately projected the
                                                  2. The Projected Emissions Inventories                                   table below and are described in greater                            emission reductions out to 2017 (see
                                                  and How the Required Emissions                                           detail in our TSD.10                                                more details in the TSD) that are found
                                                  Reductions Are Achieved                                                     Texas then estimated emission                                    on line (c) in Table 4. Texas then
                                                                                                                           reductions from State and federal                                   applied these current and future
                                                     Section 182(b)(1)(A) of the CAA
                                                                                                                           control measures in place in 2011 and                               estimated reductions to the appropriate
                                                  requires that States provide sufficient
                                                                                                                           expected to continue through 2017. The                              uncontrolled inventories. The results
                                                  control measures in their RFP plans to
                                                  offset growth in emissions. To do this,                                  list of State and federal control                                   are the projected emissions listed in line
                                                  the State must estimate the amount of                                    measures relied upon is provided in our                             ‘‘d’’ in Tables 4 and 5 of this proposal.
                                                  growth that will occur between 2011                                      TSD and includes, but is not limited to,                            The total amount of VOC and NOX
                                                  and the end of 2017. The State’s                                         on-road and non-road mobile source                                  emissions in the controlled inventories
                                                  approach is consistent with our                                          emission reductions from engine and                                 for 2017 must be equal to or less than
                                                  guidelines in estimating the growth in                                   fuel rules and fleet turnover.11 Texas                              the corresponding RFP target
                                                  emissions.9 The projections of growth                                    appropriately estimated the emission                                inventories to demonstrate RFP.

                                                                                   TABLE 4—SUMMARY OF RFP DEMONSTRATION FOR THE DFW AREA THROUGH 2017
                                                                                                                                                           [tpd]

                                                                                                  Description                                                                NOX                  VOC                   NOX                 VOC

                                                                                                                                                                                   9 Counties                                Wise County

                                                  a. 2017 Target .................................................................................................             370.48                  427.73                34.28              29.03
                                                  b. 2017 Uncontrolled Emissions ......................................................................                       1139.93                  830.38                49.33              34.68
                                                  c. Projected Emission Reductions through 2017 ............................................                                   839.50                  428.85                20.29               5.73
                                                  d. Projected Emissions after Reductions (b–c) ...............................................                                300.43                  401.53                29.04              28.95
                                                  2017 RFP Targets ...........................................................................................                 370.48                  427.73                34.28              29.03
                                                  RFP Met? .........................................................................................................              yes                     yes                  yes                yes
                                                  Surplus or (shortfall) ........................................................................................               70.05                   26.20                 5.24               0.08



                                                     As shown in Table 4, the projected                                    reductions projected for 2017 are                                   to be implemented if the area fails to
                                                  emissions in line ‘‘d’’ for NOX and VOC                                  sufficient to meet the 2017 RFP targets.                            make reasonable further progress, i.e.,
                                                  for all counties in the DFW ten-county                                                                                                       fails to reach the 2017 RFP target.
                                                                                                                           3. The RFP Contingency Measures
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  NAA are less than the RFP targets and                                                                                                        Contingency measures are intended to
                                                  therefore meet the RFP requirement                                         Section 172(c)(9) of the CAA requires                             achieve reductions over and beyond
                                                  (target or milestone) for 2017. Therefore,                               that an RFP plan for a Moderate                                     those relied on in the RFP
                                                  the EPA is proposing that the emissions                                  nonattainment area include contingency                              demonstration to achieve the 2017
                                                                                                                           measures, which are additional controls                             milestones and could include federal
                                                    9 Our EI guidance documents are posted at                                10 See also Tables 8 and 9 in the TSD for this                       11 See   Tables 6 and 7 in the TSD for this proposal.
                                                  https://www.epa.gov/air-emissions-inventories/                           proposal.
                                                  emissions-inventory-guidance-documents.



                                             VerDate Sep<11>2014        16:30 Sep 19, 2016         Jkt 238001      PO 00000       Frm 00019       Fmt 4702       Sfmt 4702   E:\FR\FM\20SEP1.SGM           20SEP1


                                                  64376                       Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules

                                                  and State measures already scheduled                                        calculations and reductions required for                                    ozone formation is more sensitive to the
                                                  for implementation. The CAA does not                                        Wise County to meet the contingency                                         amount of NOX present in the
                                                  preclude a State from implementing                                          requirement. Regarding the content of                                       atmosphere. The State also shows that
                                                  such measures before they are triggered.                                    the contingency measures, the 3 percent                                     the DFW monitors in the urban core
                                                  Texas used federal and State measures                                       emissions reductions for contingency                                        measure more transitional conditions
                                                  expected to be implemented to meet the                                      measures may be based entirely on NOX                                       (not strongly limited by either NOX or
                                                  contingency measure requirement for                                         controls if the area has completed the                                      VOC) and controlling either VOC or
                                                  the RFP. These measures provide                                             initial 15 percent rate-of-progress VOC                                     NOX emissions in these regions would
                                                  reductions through 2018 that are in                                         reduction required by CAA section                                           reduce ozone concentrations.13 For the
                                                  excess of those needed to achieve the                                       182(b)(1)(A)(i) 12 and the State showed                                     RFP contingency measures, the State
                                                  2017 RFP milestones. Tables 5 and 6                                         that NOX substitution would be most                                         chose a mix of NOX and VOC emission
                                                  provide an accounting of the emissions                                      effective in bringing the area into                                         reductions for all but Wise County and
                                                  targets through 2018. Table 5 shows the                                     attainment. The State demonstrated that                                     chose just NOX emission reductions for
                                                  calculations and reductions required to                                     the DFW rural and northwestern                                              Wise County. The State chose to
                                                  meet the contingency requirement for                                        monitors located on the periphery of the                                    separately account for contingency
                                                  nine of the ten counties (all but Wise                                      DFW area have continued to measure                                          measures for Wise County and to be
                                                  County) and Table 6 provides the                                            NOX-limited conditions, meaning that                                        consistent, we have done the same.

                                                                              TABLE 5—DEMONSTRATION OF 2018 CONTINGENCY MEASURES (TPD) FOR NINE COUNTIES
                                                                                                                                                 [All but Wise County]

                                                                                                                              Description                                                                                       NOX                 VOC

                                                  A. 2017 Adjusted Base Year EI ..............................................................................................................................                    411.65                 450.24
                                                  B. Percent of NOX and VOC to meet 3% contingency ...........................................................................................                                       2%                     1%
                                                  C. Required reduction to provide contingency (A × B) ...........................................................................................                                  8.23                   4.50
                                                  D. Reduction to meet RFP in 2017 (Table 2, line e) ..............................................................................................                                41.17                  22.51
                                                  E. 2018 on-road mobile non-creditable reductions .................................................................................................                                0.58                   0.23
                                                  F. 2018 Target Level of Emissions (line A–C–D–E) ...............................................................................................                                361.67                 423.00

                                                                                                                      Excess reductions to meet contingency requirement

                                                  G. 2018 Uncontrolled Emissions .............................................................................................................................                   1157.47                 833.75
                                                  H. Total Reductions Projected through 2018 ..........................................................................................................                           878.29                 445.64
                                                  J. Projected emissions after reductions (line G minus line H) ................................................................................                                  279.18                 388.11
                                                  Add line C ................................................................................................................................................................       8.23                   4.50
                                                  K. Projected emissions, accounting for contingency measures ..............................................................................                                      287.41                 392.61

                                                                                                                                             Total surplus or shortfall

                                                  Line K is less than line F. Subtract line K from line F for surplus ..........................................................................                                   74.26                   30.39
                                                  Is the contingency measure requirement met? .......................................................................................................                               Yes                     Yes


                                                                                     TABLE 6—DEMONSTRATION OF 2018 CONTINGENCY MEASURES FOR WISE COUNTY
                                                                                                                                                              [tpd]

                                                                                                                              Description                                                                                       NOX                 VOC

                                                  A. 2017 Adjusted Base Year EI ..............................................................................................................................                     34.28                    34.15
                                                  B. Percent of NOX and VOC to meet 3% contingency ...........................................................................................                                       3%      ........................
                                                  C. Required reduction to provide contingency (A × B) ...........................................................................................                                  1.03     ........................
                                                  D. Reduction to meet RFP in 2017 .........................................................................................................................                           0                      5.12
                                                  E. 2018 on-road mobile non-creditable reductions .................................................................................................                                   0                           0
                                                  F. 2018 Target Level of Emissions (line A–C–D–E) ...............................................................................................                                 33.25                    29.03

                                                                                                                      Excess reductions to meet contingency requirement

                                                  G. 2018 Uncontrolled Emissions .............................................................................................................................                     46.24                   29.71
                                                  H. Total Reductions Projected through 2018 ..........................................................................................................                            20.95                    5.97
                                                  J. Projected emissions after reductions (line G minus line H) ................................................................................                                   25.29                   23.74
                                                  Add line C ................................................................................................................................................................       1.03                       0
                                                  K. Projected emissions, accounting for contingency measures ..............................................................................                                       26.32                   23.74
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                             Total surplus or shortfall

                                                  Line K is less than line F. Subtract line K from line F for surplus ..........................................................................                                      6.93                    5.29
                                                  Is the contingency measure requirement met? .......................................................................................................                                 Yes    ........................


                                                    12 See80 FR 12264, 12285.                                                 are aware of the transition in the urban core. See                          the 2008 ozone standard, which is posted on the
                                                    13 TheTCEQ established long ago that DFW area                             Appendix D (the conceptual model) for the State’s                           TCEQ Web site at https://www.tceq.texas.gov/
                                                  ozone levels are sensitive to NOX emissions and we                          Attainment Demonstration for the DFW area under                             airquality/sip/dfw/dfw-latest-ozone.



                                             VerDate Sep<11>2014         16:30 Sep 19, 2016          Jkt 238001      PO 00000        Frm 00020       Fmt 4702       Sfmt 4702       E:\FR\FM\20SEP1.SGM              20SEP1


                                                                            Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules                                             64377

                                                    As shown in Tables 5 and 6, the NOX                      submitted to EPA on July 10, 2015 and                 or in any other area where EPA or an
                                                  and VOC emission reductions through                        supplemented on April 22, 2016. We are                Indian tribe has demonstrated that a
                                                  2018 are sufficient to provide at least 3                  proposing to approve the revised base                 tribe has jurisdiction. In those areas of
                                                  percent emission reductions and thus                       year emission inventory, the RFP plan,                Indian country, the proposed rule does
                                                  we find that the contingency measures                      the 2017 MVEBs; and RFP contingency                   not have tribal implications and will not
                                                  requirement are met for RFP.                               measures.                                             impose substantial direct costs on tribal
                                                                                                                                                                   governments or preempt tribal law as
                                                  4. The Motor Vehicle Emissions Budgets                     IV. Statutory and Executive Order
                                                                                                                                                                   specified by Executive Order 13175 (65
                                                  (MVEBs)                                                    Reviews
                                                                                                                                                                   FR 67249, November 9, 2000).
                                                     According to the transportation                            Under the CAA, the Administrator is
                                                                                                             required to approve a SIP submission                  List of Subjects in 40 CFR Part 52
                                                  conformity rule, an RFP plan must
                                                  establish MVEBs for transportation                         that complies with the provisions of the                Environmental protection, Air
                                                  conformity purposes. See 40 CFR                            Act and applicable Federal regulations.               pollution control, Incorporation by
                                                  93.118(b)(1)(i). The MVEB is the                           42 U.S.C. 7410(k); 40 CFR 52.02(a).                   reference, Intergovernmental relations,
                                                  mechanism to ensure that future                            Thus, in reviewing SIP submissions, the               Ozone, Reporting and recordkeeping
                                                  transportation activities will not                         EPA’s role is to approve state choices,               requirements, Volatile organic
                                                  produce new air quality violations,                        provided that they meet the criteria of               compounds.
                                                  worsen existing violations, delay                          the CAA. Accordingly, this action                       Authority: 42 U.S.C. 7401 et seq.
                                                  reaching RFP milestones, or delay                          merely proposes to approve state law as
                                                                                                                                                                     Dated: September 14, 2016.
                                                  timely attainment of the NAAQS. A                          meeting Federal requirements and does
                                                                                                             not impose additional requirements                    Ron Curry,
                                                  MVEB establishes the maximum amount
                                                  of emissions allowed in the SIP for on-                    beyond those imposed by state law. For                Regional Administrator, Region 6.
                                                  road motor vehicles.                                       that reason, this action:                             [FR Doc. 2016–22564 Filed 9–19–16; 8:45 am]
                                                     As part of the July 10, 2015, SIP                          • Is not a ‘‘significant regulatory                BILLING CODE 6560–50–P

                                                  revision submittal, the TCEQ included                      action’’ subject to review by the Office
                                                  VOC and NOX MVEBs for 2017; these                          of Management and Budget under
                                                  budgets are provided in Table 7. For the                   Executive Orders 12866 (58 FR 51735,                  ENVIRONMENTAL PROTECTION
                                                  budgets to be approvable, they must                        October 4, 1993) and 13563 (76 FR 3821,               AGENCY
                                                  meet, at a minimum, EPA’s adequacy                         January 21, 2011);
                                                                                                                • Does not impose an information                   40 CFR Part 52
                                                  criteria (40 CFR 93.118(e)(4)). The
                                                  availability of these budgets was posted                   collection burden under the provisions                [EPA–R06–OAR–2012–0812; FRL–9951–36–
                                                  on our Web site on August 25, 2015, for                    of the Paperwork Reduction Act (44                    Region 6]
                                                  the purpose of soliciting public                           U.S.C. 3501 et seq.);
                                                  comments on their adequacy. The                               • Is certified as not having a                     Approval and Promulgation of Air
                                                                                                             significant economic impact on a                      Quality Implementation Plans;
                                                  comment period closed on September
                                                                                                             substantial number of small entities                  Oklahoma; Infrastructure for the Lead,
                                                  24, 2015, and we received no comments.
                                                                                                             under the Regulatory Flexibility Act (5               Ozone, Nitrogen Dioxide and Sulfur
                                                  On January 11, 2016, we published the
                                                                                                             U.S.C. 601 et seq.);                                  Dioxide National Ambient Air Quality
                                                  Notice of Adequacy Determination for
                                                  these MVEBs (81 FR 1184). As a result                         • Does not contain any unfunded                    Standards
                                                  of such adequacy determination, these                      mandate or significantly or uniquely                  AGENCY:  Environmental Protection
                                                  MVEBs must be used by state and                            affect small governments, described in                Agency (EPA).
                                                  Federal agencies in determining                            the Unfunded Mandates Reform Act of
                                                                                                                                                                   ACTION: Proposed rule.
                                                  whether proposed transportation                            1995 (Pub. L. 104–4);
                                                                                                                • Does not have Federalism                         SUMMARY:    Under the Federal Clean Air
                                                  projects conform to the SIP as required
                                                                                                             implications as specified in Executive                Act (CAA or Act), the Environmental
                                                  by section 176(c) of the CAA. The
                                                                                                             Order 13132 (64 FR 43255, August 10,                  Protection Agency (EPA) is proposing to
                                                  adequacy determination represents a
                                                                                                             1999);                                                approve State Implementation Plan
                                                  preliminary finding by EPA of the
                                                                                                                • Is not an economically significant               (SIP) submissions from the State of
                                                  acceptability of the MVEBs. Today we
                                                                                                             regulatory action based on health or                  Oklahoma regarding the 2008 Lead (Pb),
                                                  are proposing that these MVEBs are
                                                                                                             safety risks subject to Executive Order               2008 Ozone, 2010 Nitrogen Dioxide
                                                  fully consistent with RFP, as it sets the
                                                                                                             13045 (62 FR 19885, April 23, 1997);                  (NO2), and 2010 Sulfur Dioxide (SO2)
                                                  allowable on-road mobile emissions the                        • Is not a significant regulatory action
                                                  DFW area can produce and continue to                                                                             National Ambient Air Quality Standards
                                                                                                             subject to Executive Order 13211 (66 FR               (NAAQS or standards). The four
                                                  demonstrate RFP.                                           28355, May 22, 2001);                                 submittals address how the existing SIP
                                                                                                                • Is not subject to requirements of                provides for implementation,
                                                     TABLE 7—RFP MOTOR VEHICLE                               section 12(d) of the National
                                                   EMISSIONS BUDGETS FOR DFW (tpd)                                                                                 maintenance, and enforcement of these
                                                                                                             Technology Transfer and Advancement                   four NAAQS (infrastructure SIP or i-
                                                                                                             Act of 1995 (15 U.S.C. 272 note) because              SIP). These i-SIPs ensure that the
                                                          Year                 NOX              VOC          application of those requirements would               Oklahoma SIP is adequate to meet the
                                                  2017 ..................     148.36            77.18        be inconsistent with the CAA; and                     State’s responsibilities under the Act,
                                                                                                                • Does not provide EPA with the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                   including the CAA requirements for
                                                                                                             discretionary authority to address, as
                                                  III. Proposed Action                                                                                             interstate transport of Pb and NO2
                                                                                                             appropriate, disproportionate human
                                                    The EPA is proposing to approve                                                                                emissions.
                                                                                                             health or environmental effects, using
                                                  revisions to the Texas SIP to meet                         practicable and legally permissible                   DATES: Written comments must be
                                                  certain requirements under section                         methods, under Executive Order 12898                  received on or before October 20, 2016.
                                                  182(b) of the CAA for the DFW                              (59 FR 7629, February 16, 1994).                      ADDRESSES: Submit your comments,
                                                  Moderate nonattainment area under the                         In addition, the SIP is not approved               identified by Docket No. EPA–R06–
                                                  2008 ozone standard that were                              to apply on any Indian reservation land               OAR–2012–0812, at http://


                                             VerDate Sep<11>2014      16:30 Sep 19, 2016   Jkt 238001   PO 00000   Frm 00021   Fmt 4702   Sfmt 4702   E:\FR\FM\20SEP1.SGM   20SEP1



Document Created: 2018-02-09 13:20:34
Document Modified: 2018-02-09 13:20:34
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 October 20, 2016.
ContactMs. Wendy Jacques, (214) 665-7395, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Wendy Jacques or Mr. Bill Deese at (214) 665-7253.
FR Citation81 FR 64372 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR