83_FR_18044 83 FR 17964 - Approval and Promulgation of Implementation Plans; Texas; Reasonable Further Progress Plan for the Houston-Galveston-Brazoria Ozone Nonattainment Area

83 FR 17964 - Approval and Promulgation of Implementation Plans; Texas; Reasonable Further Progress Plan for the Houston-Galveston-Brazoria Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range17964-17968
FR Document2018-08660

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a revision to the Texas State Implementation Plan (SIP) to meet the Reasonable Further Progress (RFP) requirements for the Houston- Galveston-Brazoria (HGB) moderate 2008 8-hour ozone nonattainment area (HGB area). Specifically, EPA is proposing to approve the RFP demonstration, contingency measures, motor vehicle emissions budgets (MVEBs) and an updated 2011 base year emissions inventory.

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Proposed Rules]
[Pages 17964-17968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08660]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0056; FRL-9976-75-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonable Further Progress Plan for the Houston-Galveston-Brazoria 
Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a 
revision to the Texas State Implementation Plan (SIP) to meet the 
Reasonable Further Progress (RFP) requirements for the Houston-
Galveston-Brazoria (HGB) moderate 2008 8-hour ozone nonattainment area 
(HGB area). Specifically, EPA is proposing to approve the RFP 
demonstration, contingency measures, motor vehicle emissions budgets 
(MVEBs) and an updated 2011 base year emissions inventory.

DATES: Written comments must be received on or before May 25, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0056, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Ms. Wendy Jacques, (214) 
665-7395, [email protected]. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at 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, 
[email protected]. 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 wherever

[[Page 17965]]

``we,'' ``us,'' or ``our'' is used, we mean the EPA.

I. Background

    In 2008, we revised the 8-hour ozone primary and secondary national 
ambient air quality standards (NAAQS) to a level of 0.075 parts per 
million (ppm) to provide increased protection of public health and the 
environment (73 FR 16436, March 27, 2008). The HGB area was classified 
as a marginal ozone nonattainment area for the 2008 8-hour ozone NAAQS 
and initially given an attainment date of no later than December 31, 
2015 (77 FR 30088 and 77 FR 30160, May 21, 2012). The HGB area consists 
of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, 
Montgomery and Waller counties.
    On December 23, 2014, the DC Circuit Court issued a decision 
rejecting, among other things, our attainment deadlines for the 2008 
ozone nonattainment areas, finding that we did not have statutory 
authority under the CAA to extend those deadlines to the end of the 
calendar year. NRDC v. EPA, 777 F.3d 456, 464-69 (DC Cir. 2014). 
Consistent with the court's decision we modified the attainment 
deadlines for all nonattainment areas for the 2008 ozone NAAQS, and set 
the attainment deadline for all 2008 ozone marginal nonattainment 
areas, including the HGB area as July 20, 2015 (80 FR 12264, March 6, 
2015). The HGB area qualified for a 1-year extension of the attainment 
deadline and we revised the attainment deadline to July 20, 2016 (81 FR 
26697, May 4, 2016). As the HGB area did not meet the revised 
attainment deadline of July 20, 2016, we reclassified the area to 
moderate and set a due date for a revised SIP of January 1, 2017 (81 FR 
90207, December 14, 2016). One moderate classification SIP requirement 
is reasonable further progress (RFP) reductions in volatile organic 
compound (VOC) and nitrogen oxide (NOX) emissions (CAA 
sections 172(c)(2) and 182(b)(1) and 40 CFR 51.1110). VOCs and 
NOX are ozone precursors.
    RFP plans must include contingency measures that will take effect 
without further action by the state or EPA, which includes additional 
controls that would be implemented if the area fails to reach the RFP 
milestones (CAA 172(c)(9)). While the CAA does not specify the type of 
measures or quantity of emissions reductions required, EPA provided 
guidance interpreting the CAA 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, please, see the 
April 16, 1992 General Preamble (57 FR 13498, 13510) and the November 
29, 2005 Phase 2 8-hour ozone standard implementation rule (70 FR 
71612, 71650). RFP plans must also include MVEBs, which are the 
allowable on-road mobile emissions an area can produce and continue to 
demonstrate RFP (40 CFR 93.101 and 93.118(b)(1)(i)).
    On December 29, 2016, Texas submitted a RFP SIP revision for the 
HGB moderate area. The SIP revision (1) updates the 2011 base year 
emissions inventory that was approved by EPA (80 FR 9204, February 20, 
2015), (2) demonstrates a 15% emissions reduction in ozone precursors 
from the 2011 base year through the 2017 attainment year, (3) 
demonstrates a 3% emissions reduction for contingency in 2018 if the 
reductions for 2017 are missed and (4) sets the NOX and VOC 
MVEBs for transportation conformity purposes, for a 2017 attainment 
year.

II. The EPA's Evaluation

    We reviewed the Texas SIP 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 Technical Support Document 
(TSD) found in regulations.gov (docket EPA-R06-OAR-2017-0056).

A. Update to the 2011 Base Year Emissions Inventory

    An emissions inventory is a comprehensive, accurate, and current 
inventory of actual emission from all sources. CAA sections 172(c)(3) 
and 182(b)(1) require that ozone nonattainment SIP revisions include an 
inventory of NOX and VOC emissions from all sources in the 
nonattainment area. As noted above we previously approved the 2011 base 
year. Since that submittal, Texas further refined the inventory to more 
accurately reflect actual 2011 emissions. We determined that the 
revised inventory was developed in accordance with EPA guidance and 
regulations and propose to approve the update. Table 1 summarizes the 
update to the inventory. For more information, please see the TSD and 
the Texas SIP submittal.

                         Table 1--HGB RFP Previous and Updated 2011 Base Year EIs (tpd)
----------------------------------------------------------------------------------------------------------------
                                                   Previous NOX     Updated NOX
                   Source type                                                     Previous VOC     Updated VOC
----------------------------------------------------------------------------------------------------------------
Point...........................................          108.44          108.33           94.83           95.99
Area............................................           21.14           21.15          308.73          304.90
Non-road Mobile.................................          121.11          142.44           49.93           49.78
On-road Mobile..................................          196.21          188.02           82.62           80.73
                                                 ---------------------------------------------------------------
    Total.......................................          446.90          459.94          536.12          531.40
----------------------------------------------------------------------------------------------------------------

B. Reasonable Further Progress Demonstration

    Texas developed emissions projections for 2017 to demonstrate that 
NOX and VOC emissions would be reduced by 15%. Table 2 shows 
the calculations and reductions required to achieve RFP. For more 
information, please see the TSD and the Texas SIP submittal.

    Table 2--Calculation of NOX and VOC Reductions through 2017 (tpd)
------------------------------------------------------------------------
               Description                      NOX             VOC
------------------------------------------------------------------------
a. 2011 Emissions Inventory (from Table           459.94          531.40
 1 above)...............................
b. Percent of NOX and VOC to meet 15%              14.5%            0.5%
 reduction..............................
c. 15% NOX and VOC reduction, 2011-2017            66.69            2.66
 (row a multiplied by row b)............

[[Page 17966]]

 
d. 2017 Target Level of Emissions (a-c).          393.25          528.74
------------------------------------------------------------------------

    Texas has provided sufficient control measures in their RFP plan to 
offset growth in emissions by estimating the amount of growth that will 
occur between 2011 and 2017. The control measures used to achieve the 
necessary emission reductions to meet the RFP requirements are listed 
in Table 3.

 Table 3--NOX and VOC Control Measures and Expected Emission Reductions
                    (tpd) for the HGB Area, 2011-2017
------------------------------------------------------------------------
      Control Strategy Description              NOX             VOC
------------------------------------------------------------------------
Locomotive engine certification                    18.41            0.65
 standards and fuel programs............
Commercial marine vessel (CMV) engine               9.39            0.06
 certification standards and fuel
 programs...............................
Small non-road Spark Ignition (SI              \1\ -3.10           24.29
 engines) (Phase 1).....................
Heavy duty non-road engines.............           21.54           11.26
Tiers 2 and 3 non-road diesel engines...           27.33            3.95
Small non-road SI engines (Phase 2).....            2.17           22.48
Large non-road SI & recreational marine.           33.49           13.71
Non-road Texas Low Emission Diesel                  1.74            0.00
 (TxLED)................................
Non-road Reformulated Gasoline (RFG)....            0.03            0.08
Tier 4 non-road diesel engines..........           11.41            0.59
Diesel recreational marine..............            0.00            0.01
Small SI (Phase 3)......................            1.91           13.14
Drilling rig Tier2, 3 and 4 non-road                0.68            0.15
 diesel engines.........................
Drilling rig low emission diesel........            0.04            0.01
RFG with Tier 3 sulfur standard and                85.13           16.87
 federal ultralow sulfur diesel.........
Federal Motor Vehicle Control Program             464.25          198.54
 (FMVCP)................................
Inspection and Maintenance (I/M)........            6.89            7.94
On-road TxLED \2\.......................            2.81            0.00
                                         -------------------------------
    Total Reductions Projected..........          684.12          313.73
------------------------------------------------------------------------
\1\ The increase in emissions is due to engine modifications to meet the
  standards for VOC and carbon monoxide.
\2\ The TxLED fuel rules apply to highway (on-road) and non-road
  vehicles and were approved into the Texas SIP on November 14, 2001 (66
  FR 57196). Subsequent revisions were approved April 6, 2005 (70 FR
  17321), October 6, 2005 (70 FR 58325), October 24, 2008 (73 FR 63378),
  and May 6, 2013 (78 FR 26255).

    The projections of growth are labeled as the ``Uncontrolled 
Emissions'' for 2017 under (a) in the table below. The State followed 
our standard guidelines in estimating the growth in emissions and are 
described in greater detail in the TSD.

    Table 4--Summary of RFP Demonstration for HGB Through 2017 (tpd)
------------------------------------------------------------------------
          Description                   NOX                  VOC
------------------------------------------------------------------------
2017 Uncontrolled Emissions...  1018.21............  829.50.
Projected Emission Reductions   684.12.............  313.73.
 between 2011 and 2017 (from
 Table 3 above).
Projected Emissions after       334.09.............  515.77.
 Reductions.
2017 RFP Targets (from Table 2  393.25.............  528.74.
 above).
Surplus or (shortfall)........  59.16..............  12.97.
RFP Met?......................  yes................  Yes.
------------------------------------------------------------------------

C. Contingency Measure Demonstration

    As noted earlier in this action, RFP plans for moderate and above 
nonattainment areas must include contingency measures to be implemented 
in the event an RFP milestone is missed.
    The Texas 3% attainment year RFP contingency measure demonstration 
is based on a 2% reduction in NOx and a 1% reduction in VOC, to be 
achieved between 2017 and 2018. Controlled emissions reductions not 
previously used in the 2017 RFP demonstration may also be used to 
satisfy contingency requirements, so the excess emissions reductions 
from the 2017 RFP demonstration are included in the contingency measure 
demonstration. The 2018 reductions from the federal motor vehicle 
control program, inspection and maintenance program, and the fuel 
requirements program were also used in the RFP contingency 
demonstration.
    Texas demonstrated that federal and State measures being 
implemented are sufficient to reduce emissions by more than 3% and meet 
the contingency measure requirement for the RFP SIP. We determined that 
Texas used acceptable methodology to demonstrate that the required 
emissions reductions are in excess of those needed for RFP and propose 
to approve the RFP demonstration. Table 4 summarizes the demonstration. 
For more information,

[[Page 17967]]

please see the TSD and the Texas SIP submittal.

      Table 5--HGB Area RFP Contingency Measure Demonstration (tpd)
------------------------------------------------------------------------
          Description                   NOX                  VOC
------------------------------------------------------------------------
A. 2011 Base Year EI (Table 2,  459.94.............  531.40.
 line a).
B. Percent of NOX and VOC to    2%.................  1%.
 meet 3% contingency.
C. Required reduction to        9.20...............  5.31.
 provide contingency (A x B).
D. Excess reduction to meet     59.16..............  12.97.
 RFP in 2017 (Table 4).
E. Subtract 2017 RFP            -23.66.............  -11.67.
 demonstration MVEB safety
 margin from excess reductions
 from 2018 RFP.
F. 2018 On-road FMVCP, I/M,     24.35..............  8.78.
 and RFG reductions (23.84-
 0.94 + 1.45 = 24.35) and
 (9.01-0.51 + 0.28 = 8.78).
G. Total RFP demonstration      59.85..............  10.08.
 contingency reductions (D + E
 + F) (59.16-23.66 + 24.35 =
 59.85) and (12.97-11.67 +
 8.78 = 10.08).
Total surplus or shortfall
Subtract line G from C for      50.65..............  4.77.
 surplus (59.85-9.20 = 50.65)
 and (10.08-5.31 = 4.77).
Is the contingency measure      Yes................  Yes.
 requirement met?.
------------------------------------------------------------------------

D. Motor Vehicle Emission Budgets

    An RFP plan must establish MVEBs for transportation conformity 
purposes (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. The 
MVEBs for 2017 provided by Texas in the SIP revision can be found in 
Table 6.

           Table 6--RFP Motor Vehicle Emission Budgets for HGB
                               [Tons/Day]
------------------------------------------------------------------------
                         Year                             NOX      VOC
------------------------------------------------------------------------
2017..................................................   121.81    68.04
------------------------------------------------------------------------

    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 website on January 18, 2017, for the 
purpose of soliciting public comments on their adequacy. The comment 
period closed on February 17, 2017, and we received no comments. On 
March 6, 2017, we published the Notice of Adequacy Determination for 
these MVEBs (88 FR 26091). 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. We are 
proposing to finalize our finding that these MVEBs are fully consistent 
with RFP. As the MVEBs sets the allowable on-road mobile emissions the 
HGB area can produce and continue to demonstrate RFP, we are proposing 
to approve the MVEBs for the HGB area.

III. Proposed Action

    We are proposing to approve the HGB RFP SIP revision submitted on 
December 29, 2016. Specifically, we are proposing to approve the RFP 
demonstration, contingency measures, MVEBs and an updated 2011 base 
year emissions inventory.

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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, Nitrogen dioxide, Ozone, Volatile organic compounds.

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


[[Page 17968]]


    Dated: April 19, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-08660 Filed 4-24-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 17964                  Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules

                                                 V. Public Participation and Request for                 42° 52′04″ N, 078° 53′03″ W then South                 is proposing to approve a revision to the
                                                 Comments                                                to 42° 51′07″ N, 078° 52′09″ W (NAD                    Texas State Implementation Plan (SIP)
                                                    We view public participation as                      83). The course will extend a minimum                  to meet the Reasonable Further Progress
                                                 essential to effective rulemaking, and                  of 100 yards from the shore and the                    (RFP) requirements for the Houston-
                                                 will consider all comments and material                 breakwall.                                             Galveston-Brazoria (HGB) moderate
                                                 received during the comment period.                        (b) Enforcement Period. This rule is                2008 8-hour ozone nonattainment area
                                                 Your comment can help shape the                         effective from 9:45 a.m. until 4:15 p.m.               (HGB area). Specifically, EPA is
                                                 outcome of this rulemaking. If you                      on July 1, 2018.                                       proposing to approve the RFP
                                                 submit a comment, please include the                       (c) Regulations.                                    demonstration, contingency measures,
                                                 docket number for this rulemaking,                         (1) In accordance with the general                  motor vehicle emissions budgets
                                                 indicate the specific section of this                   regulations in § 165.23 of this part, entry            (MVEBs) and an updated 2011 base year
                                                 document to which each comment                          into, transiting, or anchoring within this             emissions inventory.
                                                 applies, and provide a reason for each                  safety zone is prohibited unless                       DATES: Written comments must be
                                                 suggestion or recommendation.                           authorized by the Captain of the Port                  received on or before May 25, 2018.
                                                    We encourage you to submit                           Buffalo or his designated on-scene
                                                                                                                                                                ADDRESSES: Submit your comments,
                                                 comments through the Federal                            representative.
                                                                                                            (2) This safety zone is closed to all               identified by Docket No. EPA–R06–
                                                 eRulemaking Portal at http://                                                                                  OAR–2017–0056, at http://
                                                 www.regulations.gov. If your material                   vessel traffic, except as may be
                                                                                                         permitted by the Captain of the Port                   www.regulations.gov or via email to
                                                 cannot be submitted using http://                                                                              jacques.wendy@epa.gov. Follow the
                                                 www.regulations.gov, contact the person                 Buffalo or his designated on-scene
                                                                                                         representative.                                        online instructions for submitting
                                                 in the FOR FURTHER INFORMATION                                                                                 comments. Once submitted, comments
                                                 CONTACT section of this document for                       (3) The ‘‘on-scene representative’’ of
                                                                                                         the Captain of the Port Buffalo is any                 cannot be edited or removed from
                                                 alternate instructions.                                                                                        Regulations.gov. The EPA may publish
                                                    We accept anonymous comments. All                    Coast Guard commissioned, warrant or
                                                                                                         petty officer who has been designated                  any comment received to its public
                                                 comments received will be posted                                                                               docket. Do not submit electronically any
                                                 without change to http://                               by the Captain of the Port Buffalo to act
                                                                                                         on his behalf.                                         information you consider to be
                                                 www.regulations.gov and will include                                                                           Confidential Business Information (CBI)
                                                 any personal information you have                          (4) Vessel operators desiring to enter
                                                                                                         or operate within the safety zone must                 or other information whose disclosure is
                                                 provided. For more about privacy and                                                                           restricted by statute. Multimedia
                                                 the docket, visit http://                               contact the Captain of the Port Buffalo
                                                                                                         or his on-scene representative to obtain               submissions (audio, video, etc.) must be
                                                 www.regulations.gov/privacyNotice.                                                                             accompanied by a written comment.
                                                    Documents mentioned in this NPRM                     permission to do so. The Captain of the
                                                                                                         Port Buffalo or his on-scene                           The written comment is considered the
                                                 as being available in the docket, and all
                                                                                                         representative may be contacted via                    official comment and should include
                                                 public comments, will be in our online
                                                                                                         VHF Channel 16. Vessel operators given                 discussion of all points you wish to
                                                 docket at http://www.regulations.gov
                                                                                                         permission to enter or operate in the                  make. The EPA will generally not
                                                 and can be viewed by following that
                                                                                                         safety zone must comply with all                       consider comments or comment
                                                 website’s instructions. Additionally, if
                                                                                                         directions given to them by the Captain                contents located outside of the primary
                                                 you go to the online docket and sign up
                                                                                                         of the Port Buffalo, or his on-scene                   submission (i.e., on the web, cloud, or
                                                 for email alerts, you will be notified
                                                                                                         representative.                                        other file sharing system). For
                                                 when comments are posted or a final
                                                                                                                                                                additional submission methods, please
                                                 rule is published.                                         Dated: March 21, 2018.                              contact Ms. Wendy Jacques, (214) 665–
                                                 List of Subjects in 33 CFR Part 165                     J.S. DuFresne,                                         7395, jacques.wendy@epa.gov. For the
                                                   Harbors, Marine safety, Navigation                    Captain, U.S. Coast Guard, Captain of the              full EPA public comment policy,
                                                                                                         Port Buffalo.                                          information about CBI or multimedia
                                                 (water), Reporting and record keeping
                                                 requirements, Security measures,                        [FR Doc. 2018–08626 Filed 4–24–18; 8:45 am]            submissions, and general guidance on
                                                 Waterways.                                              BILLING CODE 9110–04–P                                 making effective comments, please visit
                                                                                                                                                                http://www2.epa.gov/dockets/
                                                   For the reasons discussed in the
                                                                                                                                                                commenting-epa-dockets.
                                                 preamble, the Coast Guard proposes to
                                                 amend 33 CFR part 165 as follows:                       ENVIRONMENTAL PROTECTION                                  Docket: The index to the docket for
                                                                                                         AGENCY                                                 this action is available electronically at
                                                 PART 165—REGULATED NAVIGATION                                                                                  www.regulations.gov and in hard copy
                                                 AREAS AND LIMITED ACCESS AREAS                          40 CFR Part 52                                         at the EPA Region 6, 1445 Ross Avenue,
                                                                                                         [EPA–R06–OAR–2017–0056; FRL–9976–75-                   Suite 700, Dallas, Texas. While all
                                                 ■ 1. The authority citation for part 165                Region 6]                                              documents in the docket are listed in
                                                 continues to read as follows:                                                                                  the index, some information may be
                                                   Authority: Authority: 33 U.S.C. 1231; 50              Approval and Promulgation of                           publicly available only at the hard copy
                                                 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,              Implementation Plans; Texas;                           location (e.g., copyrighted material), and
                                                 and 160.5; Department of Homeland Security              Reasonable Further Progress Plan for                   some may not be publicly available at
                                                 Delegation No. 0170.1.                                  the Houston-Galveston-Brazoria Ozone                   either location (e.g., CBI).
                                                 ■ 2. Add § 165.T09–0078 to read as                      Nonattainment Area
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: Ms.
                                                 follows:                                                                                                       Wendy Jacques, 214–665–7395,
                                                                                                         AGENCY:  Environmental Protection
                                                 § 165.T09–0078 Safety Zone; Officer                     Agency (EPA).                                          jacques.wendy@epa.gov. To inspect the
                                                 Lehner Memorial Vintage Regatta; Buffalo                                                                       hard copy materials, please schedule an
                                                                                                         ACTION: Proposed rule.
                                                 Outer Harbor, Buffalo, NY.                                                                                     appointment with Ms. Wendy Jacques
                                                   (a) Location. The safety zone will                    SUMMARY:  Pursuant to the Federal Clean                or Mr. Bill Deese at 214–665–7253.
                                                 encompass all waters inside of the Outer                Air Act (CAA or the Act), the                          SUPPLEMENTARY INFORMATION:
                                                 Harbor, Buffalo, NY, starting at position               Environmental Protection Agency (EPA)                  Throughout this document wherever


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                                                                                 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules                                                                   17965

                                                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                                  revised SIP of January 1, 2017 (81 FR                           demonstrates a 15% emissions
                                                 the EPA.                                                                     90207, December 14, 2016). One                                  reduction in ozone precursors from the
                                                                                                                              moderate classification SIP requirement                         2011 base year through the 2017
                                                 I. Background
                                                                                                                              is reasonable further progress (RFP)                            attainment year, (3) demonstrates a 3%
                                                    In 2008, we revised the 8-hour ozone                                      reductions in volatile organic                                  emissions reduction for contingency in
                                                 primary and secondary national ambient                                       compound (VOC) and nitrogen oxide                               2018 if the reductions for 2017 are
                                                 air quality standards (NAAQS) to a level                                     (NOX) emissions (CAA sections                                   missed and (4) sets the NOX and VOC
                                                 of 0.075 parts per million (ppm) to                                          172(c)(2) and 182(b)(1) and 40 CFR                              MVEBs for transportation conformity
                                                 provide increased protection of public                                       51.1110). VOCs and NOX are ozone                                purposes, for a 2017 attainment year.
                                                 health and the environment (73 FR                                            precursors.
                                                 16436, March 27, 2008). The HGB area                                                                                                         II. The EPA’s Evaluation
                                                                                                                                 RFP plans must include contingency
                                                 was classified as a marginal ozone                                           measures that will take effect without                            We reviewed the Texas SIP submittal
                                                 nonattainment area for the 2008 8-hour                                       further action by the state or EPA,                             for consistency with the requirements of
                                                 ozone NAAQS and initially given an                                           which includes additional controls that                         the CAA, EPA regulations, and EPA
                                                 attainment date of no later than                                             would be implemented if the area fails                          guidance. A summary of our analysis
                                                 December 31, 2015 (77 FR 30088 and 77                                        to reach the RFP milestones (CAA                                and findings are provided below. For a
                                                 FR 30160, May 21, 2012). The HGB area                                        172(c)(9)). While the CAA does not                              more detailed discussion of our
                                                 consists of Brazoria, Chambers, Fort                                         specify the type of measures or quantity                        evaluation, please see our Technical
                                                 Bend, Galveston, Harris, Liberty,                                            of emissions reductions required, EPA                           Support Document (TSD) found in
                                                 Montgomery and Waller counties.                                              provided guidance interpreting the CAA                          regulations.gov (docket EPA–R06–OAR–
                                                    On December 23, 2014, the DC Circuit                                      that implementation of these                                    2017–0056).
                                                 Court issued a decision rejecting, among                                     contingency measures would provide
                                                                                                                                                                                              A. Update to the 2011 Base Year
                                                 other things, our attainment deadlines                                       additional emissions reductions of up to
                                                                                                                                                                                              Emissions Inventory
                                                 for the 2008 ozone nonattainment areas,                                      3% of the adjusted base year inventory
                                                 finding that we did not have statutory                                       (or a lesser percentage that will make up                         An emissions inventory is a
                                                 authority under the CAA to extend                                            the identified shortfall) in the year                           comprehensive, accurate, and current
                                                 those deadlines to the end of the                                            following the RFP milestone year. For                           inventory of actual emission from all
                                                 calendar year. NRDC v. EPA, 777 F.3d                                         more information on contingency                                 sources. CAA sections 172(c)(3) and
                                                 456, 464–69 (DC Cir. 2014). Consistent                                       measures, please, see the April 16, 1992                        182(b)(1) require that ozone
                                                 with the court’s decision we modified                                        General Preamble (57 FR 13498, 13510)                           nonattainment SIP revisions include an
                                                 the attainment deadlines for all                                             and the November 29, 2005 Phase 2 8-                            inventory of NOX and VOC emissions
                                                 nonattainment areas for the 2008 ozone                                       hour ozone standard implementation                              from all sources in the nonattainment
                                                 NAAQS, and set the attainment                                                rule (70 FR 71612, 71650). RFP plans                            area. As noted above we previously
                                                 deadline for all 2008 ozone marginal                                         must also include MVEBs, which are the                          approved the 2011 base year. Since that
                                                 nonattainment areas, including the HGB                                       allowable on-road mobile emissions an                           submittal, Texas further refined the
                                                 area as July 20, 2015 (80 FR 12264,                                          area can produce and continue to                                inventory to more accurately reflect
                                                 March 6, 2015). The HGB area qualified                                       demonstrate RFP (40 CFR 93.101 and                              actual 2011 emissions. We determined
                                                 for a 1-year extension of the attainment                                     93.118(b)(1)(i)).                                               that the revised inventory was
                                                 deadline and we revised the attainment                                          On December 29, 2016, Texas                                  developed in accordance with EPA
                                                 deadline to July 20, 2016 (81 FR 26697,                                      submitted a RFP SIP revision for the                            guidance and regulations and propose to
                                                 May 4, 2016). As the HGB area did not                                        HGB moderate area. The SIP revision (1)                         approve the update. Table 1 summarizes
                                                 meet the revised attainment deadline of                                      updates the 2011 base year emissions                            the update to the inventory. For more
                                                 July 20, 2016, we reclassified the area to                                   inventory that was approved by EPA (80                          information, please see the TSD and the
                                                 moderate and set a due date for a                                            FR 9204, February 20, 2015), (2)                                Texas SIP submittal.

                                                                                            TABLE 1—HGB RFP PREVIOUS AND UPDATED 2011 BASE YEAR EIS (TPD)
                                                                                                   Source type                                                             Previous NOX    Updated NOX          Previous VOC   Updated VOC

                                                 Point .................................................................................................................          108.44              108.33           94.83          95.99
                                                 Area .................................................................................................................            21.14               21.15          308.73         304.90
                                                 Non-road Mobile ..............................................................................................                   121.11              142.44           49.93          49.78
                                                 On-road Mobile ................................................................................................                  196.21              188.02           82.62          80.73

                                                       Total ..........................................................................................................           446.90              459.94          536.12         531.40



                                                 B. Reasonable Further Progress                                               NOX and VOC emissions would be                                  please see the TSD and the Texas SIP
                                                 Demonstration                                                                reduced by 15%. Table 2 shows the                               submittal.
                                                   Texas developed emissions                                                  calculations and reductions required to
                                                 projections for 2017 to demonstrate that                                     achieve RFP. For more information,
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                                                                                        TABLE 2—CALCULATION OF NOX AND VOC REDUCTIONS THROUGH 2017 (TPD)
                                                                                                                              Description                                                                           NOX           VOC

                                                 a. 2011 Emissions Inventory (from Table 1 above) ................................................................................................                    459.94         531.40
                                                 b. Percent of NOX and VOC to meet 15% reduction ..............................................................................................                       14.5%           0.5%
                                                 c. 15% NOX and VOC reduction, 2011–2017 (row a multiplied by row b) .............................................................                                     66.69           2.66



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                                                 17966                          Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules

                                                                            TABLE 2—CALCULATION OF NOX AND VOC REDUCTIONS THROUGH 2017 (TPD)—Continued
                                                                                                                             Description                                                                                            NOX                  VOC

                                                 d. 2017 Target Level of Emissions (a–c) ................................................................................................................                               393.25                 528.74



                                                   Texas has provided sufficient control                                    amount of growth that will occur                                           emission reductions to meet the RFP
                                                 measures in their RFP plan to offset                                       between 2011 and 2017. The control                                         requirements are listed in Table 3.
                                                 growth in emissions by estimating the                                      measures used to achieve the necessary

                                                       TABLE 3—NOX AND VOC CONTROL MEASURES AND EXPECTED EMISSION REDUCTIONS (tpd) FOR THE HGB AREA,
                                                                                              2011–2017
                                                                                                                Control Strategy Description                                                                                        NOX                  VOC

                                                 Locomotive engine certification standards and fuel programs ................................................................................                                            18.41                   0.65
                                                 Commercial marine vessel (CMV) engine certification standards and fuel programs ............................................                                                             9.39                   0.06
                                                 Small non-road Spark Ignition (SI engines) (Phase 1) ...........................................................................................                                      1 ¥3.10                  24.29
                                                 Heavy duty non-road engines .................................................................................................................................                           21.54                  11.26
                                                 Tiers 2 and 3 non-road diesel engines ...................................................................................................................                               27.33                   3.95
                                                 Small non-road SI engines (Phase 2) .....................................................................................................................                                2.17                  22.48
                                                 Large non-road SI & recreational marine ................................................................................................................                                33.49                  13.71
                                                 Non-road Texas Low Emission Diesel (TxLED) ......................................................................................................                                        1.74                   0.00
                                                 Non-road Reformulated Gasoline (RFG) .................................................................................................................                                   0.03                   0.08
                                                 Tier 4 non-road diesel engines ................................................................................................................................                         11.41                   0.59
                                                 Diesel recreational marine .......................................................................................................................................                       0.00                   0.01
                                                 Small SI (Phase 3) ..................................................................................................................................................                    1.91                  13.14
                                                 Drilling rig Tier2, 3 and 4 non-road diesel engines .................................................................................................                                    0.68                   0.15
                                                 Drilling rig low emission diesel ................................................................................................................................                        0.04                   0.01
                                                 RFG with Tier 3 sulfur standard and federal ultralow sulfur diesel ........................................................................                                             85.13                  16.87
                                                 Federal Motor Vehicle Control Program (FMVCP) .................................................................................................                                        464.25                 198.54
                                                 Inspection and Maintenance (I/M) ...........................................................................................................................                             6.89                   7.94
                                                 On-road TxLED 2 .....................................................................................................................................................                    2.81                   0.00

                                                       Total Reductions Projected ..............................................................................................................................                        684.12                 313.73
                                                    1 Theincrease in emissions is due to engine modifications to meet the standards for VOC and carbon monoxide.
                                                   2 The TxLED fuel rules apply to highway (on-road) and non-road vehicles and were approved into the Texas SIP on November 14, 2001 (66
                                                 FR 57196). Subsequent revisions were approved April 6, 2005 (70 FR 17321), October 6, 2005 (70 FR 58325), October 24, 2008 (73 FR
                                                 63378), and May 6, 2013 (78 FR 26255).


                                                   The projections of growth are labeled                                    State followed our standard guidelines                                     and are described in greater detail in the
                                                 as the ‘‘Uncontrolled Emissions’’ for                                      in estimating the growth in emissions                                      TSD.
                                                 2017 under (a) in the table below. The

                                                                                       TABLE 4—SUMMARY OF RFP DEMONSTRATION FOR HGB THROUGH 2017 (tpd)
                                                                                                                            Description                                                                                             NOX                  VOC

                                                 2017 Uncontrolled Emissions .................................................................................................................................               1018.21 ..........      829.50.
                                                 Projected Emission Reductions between 2011 and 2017 (from Table 3 above) ...................................................                                                684.12 ............     313.73.
                                                 Projected Emissions after Reductions ....................................................................................................................                   334.09 ............     515.77.
                                                 2017 RFP Targets (from Table 2 above) ...............................................................................................................                       393.25 ............     528.74.
                                                 Surplus or (shortfall) ................................................................................................................................................     59.16 ..............    12.97.
                                                 RFP Met? ................................................................................................................................................................   yes .................   Yes.



                                                 C. Contingency Measure Demonstration                                       used in the 2017 RFP demonstration                                           Texas demonstrated that federal and
                                                                                                                            may also be used to satisfy contingency                                    State measures being implemented are
                                                   As noted earlier in this action, RFP
                                                                                                                            requirements, so the excess emissions                                      sufficient to reduce emissions by more
                                                 plans for moderate and above
                                                                                                                            reductions from the 2017 RFP                                               than 3% and meet the contingency
                                                 nonattainment areas must include
                                                 contingency measures to be                                                 demonstration are included in the                                          measure requirement for the RFP SIP.
                                                                                                                            contingency measure demonstration.                                         We determined that Texas used
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                                                 implemented in the event an RFP
                                                 milestone is missed.                                                       The 2018 reductions from the federal                                       acceptable methodology to demonstrate
                                                                                                                            motor vehicle control program,                                             that the required emissions reductions
                                                   The Texas 3% attainment year RFP
                                                                                                                            inspection and maintenance program,                                        are in excess of those needed for RFP
                                                 contingency measure demonstration is
                                                 based on a 2% reduction in NOx and a                                       and the fuel requirements program were                                     and propose to approve the RFP
                                                 1% reduction in VOC, to be achieved                                        also used in the RFP contingency                                           demonstration. Table 4 summarizes the
                                                 between 2017 and 2018. Controlled                                          demonstration.                                                             demonstration. For more information,
                                                 emissions reductions not previously


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                                                                              Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules                                                                                 17967

                                                 please see the TSD and the Texas SIP
                                                 submittal.

                                                                                           TABLE 5—HGB AREA RFP CONTINGENCY MEASURE DEMONSTRATION (tpd)
                                                                                                                     Description                                                                                    NOX                      VOC

                                                 A. 2011 Base Year EI (Table 2, line a) ..................................................................................................................   459.94 ............     531.40.
                                                 B. Percent of NOX and VOC to meet 3% contingency ..........................................................................................                 2% ..................   1%.
                                                 C. Required reduction to provide contingency (A × B) ...........................................................................................            9.20 ................   5.31.
                                                 D. Excess reduction to meet RFP in 2017 (Table 4) .............................................................................................             59.16 ..............    12.97.
                                                 E. Subtract 2017 RFP demonstration MVEB safety margin from excess reductions from 2018 RFP ..................                                               ¥23.66 ..........       ¥11.67.
                                                 F. 2018 On-road FMVCP, I/M, and RFG reductions (23.84–0.94 + 1.45 = 24.35) and (9.01–0.51 + 0.28 =                                                          24.35 ..............    8.78.
                                                    8.78).
                                                 G. Total RFP demonstration contingency reductions (D + E + F) (59.16–23.66 + 24.35 = 59.85) and (12.97–                                                     59.85 ..............    10.08.
                                                    11.67 + 8.78 = 10.08).
                                                 Total surplus or shortfall
                                                 Subtract line G from C for surplus (59.85–9.20 = 50.65) and (10.08–5.31 = 4.77) ..............................................                              50.65 ..............    4.77.
                                                 Is the contingency measure requirement met? ......................................................................................................          Yes .................   Yes.



                                                 D. Motor Vehicle Emission Budgets                                   on-road mobile emissions the HGB area                                  • Does not contain any unfunded
                                                                                                                     can produce and continue to                                         mandate or significantly or uniquely
                                                    An RFP plan must establish MVEBs
                                                                                                                     demonstrate RFP, we are proposing to                                affect small governments, as described
                                                 for transportation conformity purposes
                                                                                                                     approve the MVEBs for the HGB area.                                 in the Unfunded Mandates Reform Act
                                                 (40 CFR 93.118(b)(1)(i)). The MVEB is
                                                                                                                                                                                         of 1995 (Pub. L. 104–4);
                                                 the mechanism to ensure that future                                 III. Proposed Action
                                                 transportation activities will not                                                                                                         • Does not have Federalism
                                                                                                                       We are proposing to approve the HGB                               implications as specified in Executive
                                                 produce new air quality violations,                                 RFP SIP revision submitted on
                                                 worsen existing violations, delay                                                                                                       Order 13132 (64 FR 43255, August 10,
                                                                                                                     December 29, 2016. Specifically, we are                             1999);
                                                 reaching RFP milestones, or delay                                   proposing to approve the RFP
                                                 timely attainment of the NAAQS. A                                                                                                          • Is not an economically significant
                                                                                                                     demonstration, contingency measures,
                                                 MVEB establishes the maximum amount                                                                                                     regulatory action based on health or
                                                                                                                     MVEBs and an updated 2011 base year
                                                 of emissions allowed in the SIP for on-                                                                                                 safety risks subject to Executive Order
                                                                                                                     emissions inventory.
                                                 road motor vehicles. The MVEBs for                                                                                                      13045 (62 FR 19885, April 23, 1997);
                                                 2017 provided by Texas in the SIP                                   IV. Statutory and Executive Order                                      • Is not a significant regulatory action
                                                 revision can be found in Table 6.                                   Reviews                                                             subject to Executive Order 13211 (66 FR
                                                                                                                       Under the CAA, the Administrator is                               28355, May 22, 2001);
                                                      TABLE 6—RFP MOTOR VEHICLE                                      required to approve a SIP submission                                   • Is not subject to requirements of
                                                       EMISSION BUDGETS FOR HGB                                      that complies with the provisions of the                            section 12(d) of the National
                                                                          [Tons/Day]                                 Act and applicable Federal regulations.                             Technology Transfer and Advancement
                                                                                                                     42 U.S.C. 7410(k); 40 CFR 52.02(a).                                 Act of 1995 (15 U.S.C. 272 note) because
                                                                 Year                        NOX         VOC         Thus, in reviewing SIP submissions, the                             application of those requirements would
                                                                                                                     EPA’s role is to approve state choices,                             be inconsistent with the CAA; and
                                                 2017 ..................................    121.81        68.04      provided that they meet the criteria of                                • Does not provide EPA with the
                                                                                                                     the CAA. Accordingly, this action                                   discretionary authority to address, as
                                                   For the budgets to be approvable, they                            merely proposes to approve state law as                             appropriate, disproportionate human
                                                 must meet, at a minimum, EPA’s                                      meeting Federal requirements and does                               health or environmental effects, using
                                                 adequacy criteria (40 CFR 93.118(e)(4)).                            not impose additional requirements                                  practicable and legally permissible
                                                 The availability of these budgets was                               beyond those imposed by state law. For                              methods, under Executive Order 12898
                                                 posted on our website on January 18,                                that reason, this action:                                           (59 FR 7629, February 16, 1994).
                                                 2017, for the purpose of soliciting                                   • Is not a ‘‘significant regulatory
                                                 public comments on their adequacy.                                                                                                         In addition, the SIP is not approved
                                                                                                                     action’’ subject to review by the Office
                                                 The comment period closed on February                                                                                                   to apply on any Indian reservation land
                                                                                                                     of Management and Budget under
                                                 17, 2017, and we received no comments.                                                                                                  or in any other area where EPA or an
                                                                                                                     Executive Orders 12866 (58 FR 51735,
                                                 On March 6, 2017, we published the                                                                                                      Indian tribe has demonstrated that a
                                                                                                                     October 4, 1993) and 13563 (76 FR 3821,
                                                 Notice of Adequacy Determination for                                                                                                    tribe has jurisdiction. In those areas of
                                                                                                                     January 21, 2011);
                                                                                                                                                                                         Indian country, the proposed rule does
                                                 these MVEBs (88 FR 26091). As a result                                • Is not an Executive Order 13771 (82
                                                 of such adequacy determination, these                                                                                                   not have tribal implications and will not
                                                                                                                     FR 9339, February 2, 2017) regulatory
                                                 MVEBs must be used by state and                                                                                                         impose substantial direct costs on tribal
                                                                                                                     action because SIP approvals are
                                                 Federal agencies in determining                                                                                                         governments or preempt tribal law as
                                                                                                                     exempted under Executive Order 12866;
                                                 whether proposed transportation                                       • Does not impose an information                                  specified by Executive Order 13175 (65
                                                                                                                                                                                         FR 67249, November 9, 2000).
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                                                 projects conform to the SIP as required                             collection burden under the provisions
                                                 by section 176(c) of the CAA. The                                   of the Paperwork Reduction Act (44                                  List of Subjects in 40 CFR Part 52
                                                 adequacy determination represents a                                 U.S.C. 3501 et seq.);
                                                 preliminary finding by EPA of the                                     • Is certified as not having a                                      Environmental protection, Air
                                                 acceptability of the MVEBs. We are                                  significant economic impact on a                                    pollution control, Incorporation by
                                                 proposing to finalize our finding that                              substantial number of small entities                                reference, Nitrogen dioxide, Ozone,
                                                 these MVEBs are fully consistent with                               under the Regulatory Flexibility Act (5                             Volatile organic compounds.
                                                 RFP. As the MVEBs sets the allowable                                U.S.C. 601 et seq.);                                                   Authority: 42 U.S.C. 7401 et seq.



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                                                 17968                  Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules

                                                   Dated: April 19, 2018.                                information on the rulemaking process,                 health care and telemedicine and
                                                 Anne Idsal,                                             see the SUPPLEMENTARY INFORMATION                      promotes connectivity among family
                                                 Regional Administrator, Region 6.                       section of this document.                              and communities. And as important as
                                                 [FR Doc. 2018–08660 Filed 4–24–18; 8:45 am]             FOR FURTHER INFORMATION CONTACT:                       these benefits are in America’s cities,
                                                 BILLING CODE 6560–50–P                                  Suzanne Yelen, Wireline Competition                    they can be even more important in
                                                                                                         Bureau, (202) 418–7400 or TTY: (202)                   America’s more remote small towns,
                                                                                                         418–0484.                                              rural, and insular areas. Rural
                                                 FEDERAL COMMUNICATIONS                                  SUPPLEMENTARY INFORMATION: This is a                   Americans deserve to reap the benefits
                                                 COMMISSION                                              summary of the Commission’s Notice of                  of the internet and participate in the
                                                                                                         Proposed Rulemaking (NPRM) in WC                       21st century society—not run the risk of
                                                 47 CFR Part 54                                          Docket Nos. 10–90, 14–58, 07–135, CC                   falling yet further behind.
                                                 [WC Docket Nos. 10–90, 14–58, 07–135, CC                Docket No. 01–92; FCC 18–29, adopted                      3. Today, the Commission takes the
                                                 Docket No. 01–92; FCC 18–29]                            on March 14, 2018 and released on                      next step in closing the digital divide
                                                                                                         March 23, 2018. The full text of this                  through proposals designed to stimulate
                                                 Connect America Fund, ETC Annual                        document is available for public                       broadband deployment in rural areas.
                                                 Reports and Certifications,                             inspection during regular business                     To reach its objective, the Commission
                                                 Establishing Just and Reasonable                        hours in the FCC Reference Center,                     must continue to reform its existing
                                                 Rates for Local Exchange Carriers,                      Room CY–A257, 445 12th Street SW,                      high-cost universal support programs.
                                                 Developing a Unified Intercarrier                       Washington, DC 20554 or at the                         Building on earlier efforts to modernize
                                                 Compensation Regime                                     following internet address: https://                   high-cost universal service support, the
                                                                                                         transition.fcc.gov/Daily_Releases/Daily_               Commission seeks to offer greater
                                                 AGENCY:  Federal Communications                                                                                certainty and predictability to rate-of-
                                                 Commission.                                             Business/2018/db0323/FCC-18-
                                                                                                         29A1.pdf. The Report and Order and                     return carriers and create incentives to
                                                 ACTION: Proposed rule.                                                                                         bring broadband to the areas that need
                                                                                                         Third Order on Reconsideration that
                                                 SUMMARY:    In this document, the Federal               was adopted concurrently with the                      it most.
                                                 Communications Commission                               NPRM is published elsewhere in this                       4. In the NPRM, the Commission
                                                 (Commission) considers further reform                   issue of the Federal Register.                         considers further reforms to establish a
                                                 to establish a budget that will allow for                                                                      budget that will allow for robust
                                                                                                         I. Introduction                                        broadband deployment in rate-of-return
                                                 robust broadband deployment in rate-of-
                                                 return areas while minimizing the                          1. Universal service can—and must—                  areas while minimizing the burden that
                                                 burden that contributions to the                        play a critical role in helping to bridge              contributions to the Fund place on
                                                 Universal Service Fund (the Fund) place                 the digital divide to ensure that rural                ratepayers and to bring greater certainty
                                                 on ratepayers and to bring greater                      America is not left behind as broadband                and stability to rate-of-return high-cost
                                                 certainty and stability to rate-of-return               services are deployed. The directive                   funding, both in the near term and in
                                                 high-cost funding, both in the near term                articulated by the Commission in 2011                  the future. The Commission also seeks
                                                 and in the future. The Commission also                  remains as true today as it did then:                  comment on additional reforms to
                                                 seeks comment on additional reforms to                  ‘‘The universal service challenge of our               increase broadband deployment, while
                                                 increase broadband deployment, while                    time is to ensure that all Americans are               promoting the efficient use of limited
                                                 promoting the efficient use of limited                  served by networks that support high-                  resources. For example, the Commission
                                                 resources.                                              speed internet access.’’ Though the                    seeks comment on whether to fully fund
                                                 DATES: Comments are due on or before                    Commission has made progress for rural                 existing A–CAM support recipients,
                                                 May 25, 2018 and reply comments are                     Americans living in areas served by our                afford a new opportunity for legacy
                                                 due on or before June 25, 2018. If you                  nation’s largest telecommunications                    providers to elect model-based support,
                                                 anticipate that you will be submitting                  companies, the rules governing smaller,                and establish a minimum threshold of
                                                 comments, but find it difficult to do so                community-based providers—rate-of-                     support for legacy providers that would
                                                 within the period of time allowed by                    return carriers—appear to make it more                 not be subject to a budget cap. Lastly,
                                                 this document, you should advise the                    difficult for these providers to serve                 the Commission seeks comment on
                                                 contact listed below as soon as possible.               rural America. As a result,                            other reforms, including, for example,
                                                 ADDRESSES: You may submit comments,
                                                                                                         approximately 11 percent of the housing                exploring the need for caps on capital
                                                 identified by WC Docket Nos. 10–90,                     units in areas served by rate-of-return                and operating expenses, using an
                                                 14–58, 07–135, CC Docket No. 01–92, by                  carriers lack access to 10 Mbps                        auction process to address substantial
                                                 any of the following methods:                           downstream/1 Mbps upstream (10/1                       competitive overlaps, and other options
                                                    • Federal eRulemaking Portal: http://                Mbps) terrestrial fixed broadband                      for simplifying the legacy rate-of-return
                                                 www.regulations.gov. Follow the                         service while 34 percent lack access to                mechanism.
                                                 instructions for submitting comments.                   25 Mbps downstream/3 Mbps upstream
                                                                                                                                                                II. Notice of Proposed Rulemaking
                                                    • Federal Communications                             (25/3 Mbps). It is time to close this gap
                                                 Commission’s Website: http://                           and ensure that all of those living in                   5. Discussion. The Commission seeks
                                                 fjallfoss.fcc.gov/ecfs2/. Follow the                    rural America have the high-speed                      comment on revising the budget for rate-
                                                 instructions for submitting comments.                   broadband they need to participate fully               of-return carriers within the high-cost
                                                    • People With Disabilities: Contact                  in the digital economy.                                program. The Commission has not
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                                                 the FCC to request reasonable                              2. By improving access to modern                    revised the budget since 2011, and as a
                                                 accommodations (accessible format                       communications services, the                           result, has not accounted for the effects
                                                 documents, sign language interpreters,                  Commission can help provide                            of inflation on the budget. Had the
                                                 CART, etc.) by email: FCC504@fcc.gov                    individuals living in rural America with               Commission accounted for inflation, the
                                                 or phone: (202) 418–0530 or TTY: (202)                  the same opportunities that those in                   rate-of-return budget would have
                                                 418–0432.                                               urban areas enjoy. Broadband access                    increased from $2 billion in the 2012
                                                    For detailed instructions for                        fosters employment and educational                     budget year to $2.193 billion in the 2018
                                                 submitting comments and additional                      opportunities, stimulates innovations in               budget year.


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Document Created: 2018-11-02 08:17:12
Document Modified: 2018-11-02 08:17:12
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 May 25, 2018.
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 Citation83 FR 17964 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds

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