8274 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 

1For additional information on ozone, please 

visit www.epa.gov/groundlevelozone. 

2 In this action we refer to the 1997 8-hour ozone 

standard as ‘‘the 1997 ozone standard.’’ 

3For ease of communication, many reports of 

ozone concentrations are given in parts per billion 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R06–OAR–2014–0536; FRL–9923–13– 

Region 6] 

Determination of Nonattainment and 

Reclassification of the Dallas/Fort 

Worth 1997 8-Hour Ozone 

Nonattainment Area; Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Dallas/Fort Worth (DFW) 8-hour 

ozone nonattainment area did not attain 

the 1997 8-hour ozone national ambient 

air quality standard (NAAQS or 

standard) by June 15, 2013, the 

attainment deadline set forth in the 

Code of Federal Regulations (CFR) for a 

Serious ozone nonattainment area under 

this standard. This proposal is based on 

EPA’s review of complete, quality 

assured and certified ambient air quality 

monitoring data for the 2010–2012 

monitoring period that are available in 

the EPA Air Quality System (AQS) 

database. If the EPA finalizes this 

determination, the DFW area will be 

reclassified by operation of law as a 

Severe ozone nonattainment area for the 

1997 8-hour ozone standard. The EPA is 

also proposing that Texas must submit 

to the EPA the State Implementation 

Plan (SIP) revisions to address the 

Severe ozone nonattainment area 

requirements of the Act no later than 

one year after the effective date of the 

final rulemaking for this reclassification. 

DATES: Comments must be received on 

or before March 19, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2014–0536, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Ms. Carrie Paige at 

paige.carrie@epa.gov. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2014– 

0536. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Paige, Air Planning Section 

(6PD–L); telephone (214) 665–6521; 

email address paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

Table of Contents 

I. Background 

II. EPA’s Evaluation of the DFW Area’s 1997 

8-Hour Ozone Data 

III. The Consequences of Reclassification 

IV. The 2008 Ozone Standard and Its Effect 

on Reclassification of the DFW Area 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background 

A. The National Ambient Air Quality 

Standards 

Section 109 of the Clean Air Act (CAA 

or Act) requires the EPA to establish a 

NAAQS for pollutants that ‘‘may 

reasonably be anticipated to endanger 

public health and welfare’’ and to 

develop a primary and secondary 

standard for each NAAQS. The primary 

standard is designed to protect human 

health with an adequate margin of safety 

and the secondary standard is designed 

to protect public welfare and the 

environment. The EPA has set NAAQS 

for six common air pollutants, also 

referred to as criteria pollutants: carbon 

monoxide, lead, nitrogen dioxide, 

ozone, particulate matter, and sulfur 

dioxide. These standards present state 

and local governments with the 

minimum air quality levels they must 

meet to comply with the Act. Also, 

these standards provide information to 

residents of the United States about the 

air quality in their communities. 

B. The 1997 8-Hour Ozone Standard 

Ozone is a gas composed of three 

oxygen atoms. It is not usually emitted 

directly into the air, but at ground level 

is created by a chemical reaction 

between volatile organic compounds 

(VOCs) and oxides of nitrogen (NOX) in 

the presence of sunlight.1 On July 18, 

1997, the EPA promulgated an 8-hour 

ozone standard of 0.08 parts per million 

(ppm).2 See 62 FR 38856 and 40 CFR 

50.10. 

Consistent with the EPA regulations 

in section 2.3 of 40 CFR part 50, 

Appendix I: ‘‘The primary and 

secondary ozone ambient air quality 

standards are met at an ambient air 

quality monitoring site when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentration is less than or equal to 

0.08 ppm. The number of significant 

figures in the level of the standard 

dictates the rounding convention for 

comparing the computed 3-year average 

annual fourth-highest daily maximum 8- 

hour average ozone concentration with 

the level of the standard. The third 

decimal place of the computed value is 

rounded, with values equal to or greater 

than 5 rounding up. Thus, a computed 

3-year average ozone concentration of 

0.085 ppm is the smallest value that is 

greater than 0.08 ppm.’’ 3 In addition, 


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(ppb); ppb = ppm × 1000. Thus, 0.085 ppm becomes 

85 ppb. 

4On March 27, 2008 (73 FR 16436), the EPA 

promulgated a revised 8-hour ozone standard of 

0.075 ppm (‘‘the 2008 ozone standard’’). On April 

30, 2012, the EPA promulgated designations under 

the 2008 ozone standard (77 FR 30088, May 21, 

2012) and in that action, the EPA designated 10 

counties as a Moderate ozone nonattainment area: 

Collin, Dallas, Denton, Ellis, Johnson, Kaufman, 

Parker, Rockwall, Tarrant, and Wise. The EPA’s 

actions herein do not address the DFW 

nonattainment area for the 2008 ozone standard. 

5 In the next paragraph, we describe how the 

DFW area failed to attain the 1997 ozone standard 

by its Moderate attainment date and was 

reclassified as a Serious ozone nonattainment area. 

Following reclassification to Serious, the State 

submitted a revised attainment plan for the DFW 

area. We are addressing the State’s revised 

Moderate area SIP that addressed the conditional 

approval and the State’s Serious area SIP in 

separate rulemaking actions. 

the ambient air quality monitoring data 

for the 3-year period must meet a data 

completeness requirement, which is met 

when the average percentage of days 

with valid ambient monitoring data is 

greater than 90 percent, and no single 

year has less than 75 percent data 

completeness as determined in 

Appendix I of part 50. 

C. The SIP and its Relation to the 1997 

Ozone Standard 

The Act requires states to develop air 

pollution regulations and control 

strategies to ensure that for each area 

designated nonattainment for a NAAQS, 

state air quality will meet the NAAQS 

established by the EPA. Each state must 

submit these regulations and control 

strategies to the EPA for approval and 

incorporation into the Federallyenforceable SIP. Each Federallyapproved SIP protects air quality 

primarily by addressing air pollution at 

its point of origin. The SIPs may contain 

state regulations or other enforceable 

documents and supporting information 

such as emission inventories, 

monitoring networks, and modeling 

demonstrations. 

For ozone nonattainment areas, 

requirements for SIPs are contained in 

Part D, subparts 1 and 2 of the Act. 

Under subpart 2, the applicable control 

requirements become increasingly more 

stringent according to an area’s 

classification. The five classifications 

are Marginal, Moderate, Serious, Severe 

or Extreme, with Marginal areas subject 

to the least stringent requirements and 

Extreme areas subject to the most. 

The EPA published two sets of 

regulations governing how the 

provisions of the CAA would apply for 

purposes of implementing the 1997 

ozone standard. On April 30, 2004 (69 

FR 23951), EPA promulgated the Phase 

1 Rule, which addressed, among other 

matters, classifications for areas 

designated nonattainment for the 1997 

ozone standard. 

The EPA published a second rule, the 

Phase 2 Rule on November 29, 2005 (70 

FR 71612), and made several revisions 

to that rule on June 8, 2007 (72 FR 

31727). The Phase 2 rule addresses SIP 

obligations for the 1997 ozone standard, 

including the SIP elements associated 

with reasonably available control 

technology (RACT), reasonably available 

control measures (RACM), reasonable 

further progress (RFP), modeling and 

attainment demonstrations, new source 

review, vehicle inspection and 

maintenance (I/M) programs, and 

contingency measures for failure to meet 

RFP and the attainment date. 

D. The DFW Nonattainment Area and 

Its Current Nonattainment 

Classification Under the 1997 Ozone 

Standard 

On April 30, 2004, the EPA 

designated nine counties as the DFW 

nonattainment area for the 1997 ozone 

standard (i.e., Collin, Dallas, Denton, 

Ellis, Johnson, Kaufman, Parker, 

Rockwall, and Tarrant counties) and 

this 9-county area was classified under 

subpart 2 of the Act, as ‘‘Moderate’’ (69 

FR 23858).4 For areas subject to subpart 

2 of the Act, the maximum period to 

achieve attainment runs from the 

effective date of designations and 

classifications for the 1997 ozone 

standard and corresponds to the same 

length of time provided in Table 1 of 

Section 181(a) of the Act: Marginal—3 

years; Moderate—6 years; Serious—9 

years; Severe—15 years; and Extreme— 

20 years. 40 CFR 51.903. 

The DFW nonattainment area was 

classified as Moderate based on a design 

value at the time of designation (DV) of 

0.10 ppm, with an attainment date of 

June 15, 2010 (69 FR 23858). The DV of 

an area characterizes the severity of the 

air quality and is represented by the 

highest DV measured at any ozone 

monitor in the area. The calculation for 

the DV is the three-year average of the 

annual fourth-highest daily maximum 8- 

hour average ozone concentration 

measured at a monitor. In response to 

the designation, the State of Texas 

submitted an attainment plan designed 

to meet the 1997 ozone standard and we 

conditionally approved this plan on 

January 14, 2009 (74 FR 1903).5

Section 181(b)(2) of the Act prescribes 

the process for making a determination 

of whether an ozone nonattainment area 

met the standard by its attainment date. 

Section 181(b)(2)(A) of the Act requires 

that the EPA determine, based on the 

area’s ozone design value (as of the 

attainment date), whether or not the 

area attained the ozone standard by that 

date. For Marginal, Moderate, and 

Serious areas, if the EPA finds that the 

nonattainment area has failed to attain 

the ozone standard by the applicable 

attainment date, the area must be 

reclassified by operation of law to the 

higher of (1) the next higher 

classification for the area, or (2) the 

classification applicable to the area’s 

design value as determined at the time 

of the required Federal Register notice. 

Section 181(b)(2)(B) requires the EPA to 

publish in the Federal Register a notice 

identifying any area that has failed to 

attain by its attainment date and, if 

applicable, the resulting reclassification. 

The DFW area failed to attain the 1997 

ozone standard by its Moderate 

attainment date of June 15, 2010, and 

was consequently reclassified as a 

Serious ozone nonattainment area with 

an attainment date of no later than June 

15, 2013 (75 FR 79302, December 20, 

2010). 

II. EPA’s Evaluation of the DFW Area’s 

1997 8-Hour Ozone Data 

The EPA is proposing to determine 

the DFW area did not attain the 1997 

ozone standard by its attainment 

deadline of June 15, 2013 based on 

quality-assured, quality-controlled 

ambient air monitoring data for the 

years 2010–2012 that show the area was 

violating the 1997 ozone standard. 

These data from sites in the DFW area 

have been certified by the TCEQ and are 

presented in Table 1. As noted earlier in 

this action, the highest DV at any 

regulatory monitor in the area is 

considered the DV for the area (40 CFR 

58.1). The Keller monitoring site 

recorded the highest 2010–2012 design 

value—0.087 ppm—which is also the 

design value for the area. Thus, 

pursuant to section 181(b)(2) of the Act, 

the EPA is proposing to determine that 

the DFW nonattainment area did not 

attain the 1997 ozone standard by the 

June 15, 2013, deadline for Serious 

nonattainment areas. 


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6 Design value calculations for the 1997 ozone 

standard are based on a rolling three-year average 

of the annual 4th highest values (40 CFR part 50, 

Appendix I). 

7As happens on occasion, this particular value 

varies from that reported on the State Web site (see 

www.tceq.texas.gov/cgi-bin/compliance/monops/

8hr_attainment.pl). For comparison and 

confirmation, the AQS report for these monitors, for 

2010 through 2013, is provided in the docket for 

this rulemaking. 

8As indicated earlier in this rulemaking, the DV 

for the 2010–2012 ozone season is 0.087 ppm, too. 

The DFW area fourth highest 8-hour ozone 

concentrations and DVs for 2011–2013 are provided 

in the docket for this rulemaking. 

9As noted earlier, the attainment date is 15 years 

from the effective date of designations and 

classifications for the 1997 ozone standard, which 

places it in the middle of the ozone monitoring 

season. The DFW ozone season data collected 

through June 15 would not meet the data 

completeness requirement and thus could not be 

used to determine attainment. To achieve the data 

completeness requirement, we use data collected 

from the prior complete ozone seasons. In other 

words, the area must attain by the year immediately 

preceding the attainment date (40 CFR 51.900(g)), 

which in this instance is 2018. The attainment date 

for the DFW nonattainment area under the 2008 

ozone standard is December 31, 2018 (77 FR 30088). 

TABLE 1—DFW AREA FOURTH HIGHEST 8-HOUR OZONE CONCENTRATIONS AND DESIGN VALUES (ppm),6 2010–2012 

Site name and No. 

4th Highest daily max Design value 

(2010–2012) 2010 2011 2012 

Fort Worth Northwest, 48–439–1002 ...................................................................................... 7 0.081 0.082 0.077 0.080 

Keller, 48–439–2003 ................................................................................................................ 0.085 0.097 0.079 0.087 

Frisco, 48–085–0005 ............................................................................................................... 0.074 0.091 0.084 0.083 

Midlothian OFW, 48–139–0016 ............................................................................................... 0.072 0.080 0.078 0.076 

Denton Airport South, 48–121–0034 ....................................................................................... 0.074 0.095 0.081 0.083 

Arlington Municipal Airport, 48–439–3011 .............................................................................. 0.079 0.080 0.092 0.083 

Dallas North No. 2, 48–113–0075 ........................................................................................... 0.071 0.088 0.086 0.081 

Rockwall Heath, 48–397–0001 ................................................................................................ 0.073 0.080 0.080 0.077 

Grapevine Fairway, 48–439–3009 .......................................................................................... 0.083 0.091 0.086 0.086 

Kaufman, 48–257–0005 .......................................................................................................... 0.064 0.074 0.073 0.070 

Eagle Mountain Lake, 48–439–0075 ....................................................................................... 0.080 0.080 0.087 0.082 

Parker County, 48–367–0081 .................................................................................................. 0.070 0.088 0.076 0.078 

Cleburne Airport, 48–251–0003 .............................................................................................. 0.078 0.079 0.082 0.079 

Dallas Hinton St., 48–113–0069 .............................................................................................. 0.075 0.084 0.087 0.082 

Dallas Executive Airport, 48–113–0087 .................................................................................. 0.078 0.082 0.085 0.081 

Pilot Point, 48–121–1032 ........................................................................................................ 0.078 0.091 0.078 0.082 

Italy, 48–139–1044 .................................................................................................................. 0.063 0.075 0.071 0.069 

Under section 181(a)(5) of the Act and 

40 CFR 51.907, an area can qualify for 

up to 2 one-year extensions of its 

attainment date if it meets the 

conditions set forth in 40 CFR 51.907. 

For the 1997 ozone standard, if an area’s 

fourth highest daily maximum 8-hour 

average value in the attainment year is 

0.084 ppm or less (40 CFR 51.907), the 

area is eligible for the first one-year 

extension to the attainment date. The 

attainment year is the year immediately 

preceding the attainment date (40 CFR 

51.900(g)), thus the DFW area’s 

attainment year is 2012. In 2012, the 

area’s fourth-highest daily maximum 8- 

hour was 0.092 ppm at the Arlington 

monitor site. Therefore, the DFW area 

does not qualify for a 1-year extension 

of its Serious area attainment deadline. 

Section 181(b)(2)(A) of the Act 

provides that, should the EPA find that 

an area fails to attain by the applicable 

date, the area shall be reclassified by 

operation of law to the higher of: The 

next higher classification for the area; or 

the classification applicable to the area’s 

ozone design value at the time of the 

reclassification. The classification that 

would be applicable to the DFW area’s 

ozone DV at the time of today’s notice 

is ‘‘Marginal’’ because the area’s 

calculated DV, based on quality-assured 

ozone monitoring data from 2011–2013, 

is 0.087 ppm.8 By contrast, the next 

higher classification for the DFW area is 

‘‘Severe.’’ Because ‘‘Severe’’ is a higher 

nonattainment classification than 

‘‘Marginal’’ under the statutory scheme 

in the Act, upon the effective date of the 

final rulemaking determining that the 

DFW has failed to attain the 1997 ozone 

standard by the applicable attainment 

date of June 15, 2013, the DFW area will 

be reclassified by operation of law as 

‘‘Severe.’’ 

III. The Consequences of 

Reclassification 

A. Effect of Reclassification on 

Stationary Air Pollution Sources 

Upon reclassification, stationary air 

pollution sources in the DFW ozone 

nonattainment area will be subject to 

Severe ozone nonattainment area New 

Source Review (NSR) and Title V permit 

requirements. The source applicability 

threshold for major sources and major 

source modification emissions is 

lowered to those that emit or have the 

potential to emit at least 25 tons per 

year (tpy) of VOC and NOX. For new 

and modified major stationary sources 

subject to review under Texas 

Administrative Code Title 30, Chapter 

116, Section 116.150 (30 TAC 116.150) 

in the EPA approved SIP, VOC and NOX

emissions increases from the proposed 

construction of new or modified major 

stationary sources must be offset by 

emissions reductions meeting a 

minimum offset ratio of 1.30 to 1. See 

30 TAC 116 and 40 CFR 52.2270(c). 

B. Use of Reformulated Gasoline 

Effective one year after the 

reclassification of the DFW area as a 

Severe ozone nonattainment area, the 

requirement at section 211(k)(10)(D) of 

the Act would expand the prohibition of 

the sale of conventional gasoline and 

require the use of reformulated gasoline 

in Ellis, Johnson, Kaufman, Parker, and 

Rockwall counties. Currently, the 

prohibition applying to the sale of 

conventional gasoline in the DFW area 

is limited to Collin, Dallas, Denton and 

Tarrant counties (see 57 FR 46316, 

October 8, 1992). 

C. Proposed Date for Submitting a 

Revised SIP for the DFW Area 

Pursuant to section 181(b)(2) of the 

Act, the EPA is proposing to determine 

that the DFW area did not attain the 

1997 ozone standard by the attainment 

deadline for Serious ozone 

nonattainment areas. If the EPA takes 

final action on this determination as 

proposed, the DFW area will be 

reclassified by operation of law from 

Serious to Severe nonattainment. Severe 

areas are required to attain the standard 

‘‘as expeditiously as practicable’’ but no 

later than 15 years after designation, or 

June 15, 2019.9 The ‘‘as expeditiously as 


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10The requirement for Stage II gasoline vapor 

recovery does not apply because the EPA 

determined that onboard vapor recovery is in 

widespread use in the motor vehicle fleet and 

waived the CAA section 182(b)(3) requirement. See 

77 FR 28772, May 16, 2012. On March 17, 2014, 

the EPA approved revisions to the Texas SIP that 

remove the requirement that gasoline dispensing 

facilities (GDFs) install Stage II equipment and 

provide removal (decommissioning) procedures 

that existing GDFs must complete by August 31, 

2018 (79 FR 14611). 

11This rulemaking expanded the enhanced I/M 

program to include all nine of the DFW 

nonattainment counties. 

practicable’’ attainment date will be 

determined as part of the action on the 

required SIP submittal demonstrating 

attainment of the 1997 ozone standard. 

The EPA is proposing a schedule by 

which Texas will submit the SIP 

revisions necessary pursuant to 

reclassification to Severe nonattainment 

of the 1997 ozone standard. 

When an area is reclassified, the EPA 

has the authority under section 182(i) of 

the Act to adjust the Act’s submittal 

deadlines for any new SIP revisions that 

are required as a result of the 

reclassification. Pursuant to 40 CFR 

51.908(d), for each nonattainment area, 

the State must provide for 

implementation of all control measures 

needed for attainment as expeditiously 

as practicable but no later than the 

beginning of the attainment year ozone 

season. The attainment year ozone 

season is the ozone season immediately 

preceding a nonattainment area’s 

attainment date. For an area with an 

attainment date of June 15, 2019, which 

is the date that would apply for the 

DFW area if bumped up to Severe, the 

attainment year ozone season is 2018 

(40 CFR 51.900(g)). The ozone season is 

the ozone monitoring season as defined 

in 40 CFR part 58, Appendix D, section 

4.1, Table D–3 (71 FR 61236, October 

17, 2006). For the DFW area, March 1st 

is the beginning of the ozone monitoring 

season. We propose that Texas submit 

the required SIP revisions, including the 

attainment demonstration, RFP plan, 

and other applicable Severe area 

requirements to the EPA as 

expeditiously as practicable, but not 

later than one year after the effective 

date of the final rulemaking for this 

reclassification. In addition, all 

applicable controls shall be 

implemented as expeditiously as 

practicable but no later than March 1, 

2018, which is the beginning of the 

attainment year ozone season. 

D. Severe Area Plan Requirements 

Pursuant to section 182(d) of the Act 

and 40 CFR 51 subpart X, the revised 

SIP for the DFW area must include all 

the CAA requirements for Serious ozone 

nonattainment area plans such as: (1) 

Enhanced ambient monitoring (CAA 

182(c)(1)); (2) an enhanced vehicle I/M 

program (CAA 182(c)(3)); and (3) a clean 

fuel vehicle program or an approved 

substitute (CAA 182(c)(4)).10 The 

revised SIP for the DFW area must also 

meet the Severe area requirements 

specified in CAA section 182(d), 

including: (1) An attainment 

demonstration (CAA section 

182(c)(2)(A) and (d); 40 CFR 51.908); (2) 

provisions for RACT and RACM (CAA 

sections 172(c)(1); 182(b)(2) and (d); 40 

CFR 51.912); (3) RFP reductions for each 

three-year period until the attainment 

date (CAA section 182(c)(2)(B) and (d); 

40 CFR 51.910); (4) contingency 

measures to be implemented in the 

event of failure to meet RFP or attain the 

standard (CAA 172(c)(9) and 182(c)(9)); 

(5) transportation control measures to 

offset emissions from growth in vehicle 

miles traveled or VMT (CAA 

182(d)(1)(A)); (6) increased offsets for 

major sources (CAA section 182(d)(2) 

and 40 CFR 51.165); and (7) fees on 

major sources if the area fails to attain 

the standard (CAA 182(d)(3) and 185). 

Because the DFW area is presently 

classified as Serious under the 1997 

ozone standard, the state has adopted 

and EPA has approved into the SIP 

provisions that meet several of these 

requirements. A list of the requirements 

already in place and those yet to be 

adopted by the State for the DFW area 

is provided in Table 2. 

TABLE 2—REQUIREMENTS THAT WOULD APPLY FOR THE PROPOSED DFW SEVERE NONATTAINMENT AREA FOR THE 1997 

OZONE STANDARD

Requirement Action needed or date approved by EPA 

Severe Area Attainment Demonstration ................................................... Must be submitted to EPA for approval by date established in final reclassification rule. 

RFP Demonstration .................................................................................. Must be submitted to EPA for approval by date established in final reclassification rule. 

Contingency provisions ............................................................................ Must be submitted to EPA for approval by date established in final reclassification rule. 

Enhanced ambient monitoring .................................................................. Proposed for approval on May 13, 2014 (79 FR 27257). 

Enhanced vehicle I/M program ................................................................ November 14, 2001 (66 FR 57261).11

Clean-fuel vehicle programs ..................................................................... Proposed for approval on May 13, 2014 (79 FR 27257). 

Transportation control measures to offset VMT ....................................... Must be submitted to EPA for approval by date established in final reclassification rule. 

RACM ....................................................................................................... Must be submitted to EPA for approval by date established in final reclassification rule. 

RACT ........................................................................................................ Must be submitted to EPA for approval by date established in final reclassification rule. 

Fees on major sources if the area fails to attain the 1997 ozone standard.Must be submitted to EPA for approval by date established in final reclassification rule. 

IV. The 2008 Ozone Standard and Its 

Effect on Reclassification of the DFW 

Area 

In 2008, the EPA promulgated a more 

protective 8-hour ozone standard of 

0.075 ppm (73 FR 16436) and EPA 

published a rule designating areas for 

that standard on May 21, 2012 (77 FR 

30088). On June 6, 2013, the EPA 

published its proposed rule to 

implement the 2008 ozone standard (78 

FR 34178). The rule also proposed 

revocation of the 1997 ozone standard 

for all purposes, and that upon 

revocation of that standard, the EPA 

would not be obligated to reclassify 

areas to a higher classification under the 

1997 ozone NAAQS based upon a 

determination that the areas failed to 

attain such NAAQS by the areas’ 

corresponding attainment date (78 FR 

34178, 34236; proposed 40 CFR 

51.1105(d)(2)(ii)). We anticipate final 

action on the proposed implementation 


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rule this spring. If EPA has not yet taken 

final action to reclassify the DFW area 

for the 1997 ozone standard before a 

final rulemaking revoking the 1997 

ozone NAAQS for all purposes is 

effective, and that rulemaking is 

finalized as proposed with respect to 

EPA’s obligation concerning 

reclassification of areas for the revoked 

standard, then EPA will not finalize this 

proposed reclassification for DFW. 

However, the DFW area will still be 

subject to appropriate ‘‘antibacksliding’’ requirements for the 1997 

ozone NAAQS as established in any 

final rule EPA may promulgate in 

connection with any revocation of the 

1997 standard. Anti-backsliding 

provides protection against degradation 

of air quality (e.g., the DFW area does 

not ‘‘backslide’’) and ensures the area 

continues to make progress toward 

attainment of the new, more stringent 

NAAQS. Anti-backsliding also ensures 

there is consistency with the ozone 

NAAQS implementation framework 

outlined in subpart 2 of Part D of the 

CAA (78 FR 34178, 34211). 

V. Proposed Action 

Pursuant to section 181(b)(2) of the 

Act, the EPA is proposing to determine, 

based on certified, quality-assured 

monitoring data for 2010–2012 that the 

DFW area did not attain the 1997 ozone 

standard by the applicable June 15, 2013 

attainment deadline. If the EPA finalizes 

this determination, upon the effective 

date of the final determination the DFW 

9-county nonattainment area will be 

reclassified by operation of law as a 

Severe ozone nonattainment area under 

the 1997 ozone standard. Pursuant to 

section 182(i) of the Act, the EPA is also 

proposing the schedule for submittal of 

the SIP revisions required for Severe 

areas once the DFW area is reclassified. 

The EPA is proposing that Texas submit 

to the EPA the required SIP revisions for 

the Severe attainment demonstration, 

RFP and for all other Severe area 

measures required under sections 172, 

182(c), 182(d) and 185 of the Act no 

later than one year after the effective 

date of the final rulemaking for this 

reclassification. 

VI. Statutory and Executive Order 

Reviews 

Under section 181(b)(2) of the CAA, a 

determination of nonattainment is a 

factual determination based upon air 

quality considerations and the resulting 

reclassification must occur by operation 

of law. A determination of 

nonattainment and the resulting 

reclassification of a nonattainment area 

by operation of law under section 

181(b)(2) does not in and of itself create 

any new requirements, but rather 

applies the requirements contained in 

the Clean Air Act. For these reasons, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does not 

have tribal implications because it will 

not have a substantial direct effect on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, this proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

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

Dated: February 9, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–03152 Filed 2–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 523 and 552 

[GSAR Case 2006–G506; Docket No. 2009– 

0005; Sequence No. 2] 

RIN 3090–AI82 

General Services Administration 

Acquisition Regulation (GSAR); 

Environmental, Conservation, 

Occupational Safety and Drug-Free 

Workplace 

AGENCY: Office of Acquisition Policy, 

General Services Administration. 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to update the text and clauses 

regarding Hazardous Materials 

Identification and Material Safety Data. 

The second proposed rule incorporates 

many of the changes of the proposed 

rule and makes additional modifications 

to the text. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before April 20, 

2015 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to GSAR Case 2006–G506 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

by searching for ‘‘GSAR Case 2006– 

G506.’’ Select the link ‘‘Comment Now’’ 

that corresponds with ‘‘GSAR Case 

2006–G506.’’ Follow the instructions 

provided at the ‘‘Comment Now’’ 

screen. Please include your name, 

company name (if any), and ‘‘GSAR 

Case 2006–G506’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Ms. Flowers, 1800 F 

Street NW., 2nd Floor, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2006–G506, in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 


tkelley on DSK3SPTVN1PROD with PROPOSALS