47746 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 

In the event we become subject to either a 

voluntary or involuntary petition for relief 

under the U.S. Bankruptcy Code, we 

acknowledge that you will have no obligation 

to release the Funds held in the Account(s), 

except upon instruction of the Trustee in 

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respective U.S. Bankruptcy Court. 

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and subsequently dishonored or otherwise 

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we shall be responsible to you as a general 

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You may conclusively presume that any 

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You may, and are hereby authorized to, 

obey the order, judgment, decree or levy of 

any court of competent jurisdiction or any 

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which order, judgment, decree or levy relates 

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set aside or vacated. 

This letter agreement constitutes the entire 

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thereto. 

This letter agreement shall be governed by 

and construed in accordance with the laws 

of [Insert governing law] without regard to 

the principles of choice of law. 

Please acknowledge that you agree to abide 

by the requirements and conditions set forth 

above by signing and returning the enclosed 

copy of this letter. 

[Name of Futures Commission Merchant] 

By: 

Name: 

Title: 

ACKNOWLEDGED AND AGREED: 

[Name of Depository] 

By: 

Name: 

Title: 

DATE: 

PART 140—ORGANIZATION, 

FUNCTIONS, AND PROCEDURES OF 

THE COMMISSION 

7. The authority citation for part 140 

continues to read as follows: 

Authority: 7 U.S.C. 2 and 12a. 

7. In § 140.91, redesignate paragraphs 

(a)(7) and (a)(8) as paragraphs (a)(8) and 

(a)(11) respectively; add new paragraphs 

(a)(7), (a)(9), and (a)(10); and revise 

newly designated paragraph (a)(11) to 

read as follows: 

§ 140.91 Delegation of authority to the 

Director of the Division of Clearing and 

Intermediary Oversight. 

(a) * * * 

(7) All functions reserved to the 

Commission in § 1.20 of this chapter. 

* * * * * 

(9) All functions reserved to the 

Commission in § 1.26 of this chapter. 

(10) All functions reserved to the 

Commission in § 30.7 of this chapter. 

(11) All functions reserved to the 

Commission in § 41.41 of this chapter. 

Any action taken pursuant to the 

delegation of authority under this 

paragraph (a)(11) shall be made with the 

concurrence of the General Counsel or, 

in his or her absence, a Deputy General 

Counsel. 

* * * * * 

Issued in Washington, DC, on August 3, 

2010, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–19553 Filed 8–6–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R06–OAR–2010–0412; FRL–9186–1] 

Determination of Nonattainment and 

Reclassification of the Dallas/Fort 

Worth 1997 8-hour Ozone 

Nonattainment Area; TX 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Dallas/Fort Worth 

(DFW) moderate 8-hour ozone 

nonattainment area did not attain the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS or standard) 

by June 15, 2010, the attainment 

deadline set forth in the Clean Air Act 

(CAA or Act) and Code of Federal 

Regulations (CFR) for moderate 

nonattainment areas. This proposal is 

based on EPA’s review of complete, 

quality assured and certified ambient air 

quality monitoring data for the 2007– 

2009 monitoring period that are 

available in the EPA Air Quality System 

(AQS) database. If EPA finalizes this 

determination, the DFW area will be 

reclassified by operation of law as a 

serious 8-hour ozone nonattainment 

area for the 1997 8-hour standard. The 

serious area attainment date for the 

DFW area would be as expeditiously as 

practicable, but not later than June 15, 

2013. Once reclassified, Texas must 

submit State Implementation Plan (SIP) 

revisions for the DFW area that meet the 

1997 8-hour ozone nonattainment 

requirements for serious areas as 

required by the Act. In this action, EPA 

is also proposing that Texas submit the 

required SIP revisions for the serious 

area attainment demonstration, 

reasonable further progress (RFP), 

reasonably available control technology 

(RACT), contingency measures, and for 

all other serious area measures required 

under CAA section 182(c) to EPA no 

later than one year after the effective 

date of the final rulemaking for this 

reclassification; except that we propose 

that Texas submit the required SIP 

revision for the Stage II vapor recovery 

to EPA no later than two years after the 

effective date of the final rulemaking for 

this reclassification, pursuant to section 

182(b)(3)(A) of the Act. 

DATES: Comments must be received on 

or before September 8, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2010–0412, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–6762. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 47747 

1For ease of communication, many reports of 

ozone concentrations are given in parts per billion 

(ppb); ppb = ppm × 1000. Thus, 0.084 ppm becomes 

84 ppb. 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays 

except for legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0412, 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 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 and with any 

disk or CD–ROM you submit. 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, any form of 

encryption, and 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: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page to make 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Paige, Air Planning Section, 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–6521; fax number 

214–665–6762; e-mail address 

paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this proposed 

action? 

A. What are the national ambient air 

quality standards? 

B. What is ozone and what is the 1997 8- 

hour ozone standard? 

C. What is a SIP and how does it relate to 

the 1997 8-hour ozone standard? 

D. What is the DFW nonattainment area, 

and what is its current 1997 8-hour 

ozone nonattainment classification? 

E. What are the CAA provisions regarding 

determinations of nonattainment and 

reclassifications? 

II. What is EPA’s evaluation of the DFW 

area’s 1997 8-hour ozone data? 

III. What actions is EPA proposing? 

A. Determination of Nonattainment, 

Reclassification of the DFW 

Nonattainment Area and New 

Attainment Date 

B. Proposed Date for Submitting a Revised 

SIP for the DFW Area 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. What is the Background for this 

proposed action? 

A. What are the national ambient air 

quality standards? 

Section 109 of the Act requires 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. EPA has set NAAQS for 

six common air pollutants, 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. What is ozone and what is 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. On July 18, 

1997, EPA promulgated an 8-hour ozone 

standard of 0.08 parts per million 

(ppm), which is more protective than 

the previous 1-hour ozone standard (62 

FR 38855) that was established by EPA 

in 1979. We revoked the 1-hour ozone 

standard effective June 15, 2005. See 40 

CFR 50.9(b) and 69 FR 23858 (April 30, 

2004). Under EPA regulations at 40 CFR 

part 50, the 1997 8-hour ozone standard 

is attained when the 3-year average of 

the annual fourth highest daily 

maximum 8-hour average ambient air 

quality ozone concentration is less than 

or equal to 0.08 ppm (i.e., 0.084 ppm 

when rounding is considered). See 69 

FR 23857 (April 30, 2004).1 Ambient air 

quality monitoring data for the 3-year 

period must meet a data completeness 

requirement. The ambient air quality 

monitoring data completeness 

requirement 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. 

Specifically, section 2.3 of 40 CFR part 

50, Appendix I, ‘‘Comparisons with the 

Primary and Secondary Ozone 

Standards’’ states: ‘‘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 

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47748 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 

2EPA notes that today’s proposed action deals 

with the classifications and SIP obligations 

associated with the 1997 8-hour ozone NAAQS. On 

March 27, 2008 (73 FR 16436), EPA promulgated a 

revised 8-hour ozone standard of 0.075 ppm. On 

January 6, 2010, EPA proposed to set the level of 

the primary 8-hour ozone standard within the range 

of 0.060 to 0.070 ppm, rather than at 0.075 ppm. 

EPA anticipates that in 2010 it will have completed 

reconsideration of the standard and thereafter will 

proceed with designations. EPA’s actions with 

respect to this new standard do not affect EPA’s 

action here. 3 Designations for Texas begin at 56 FR 56835. 

0.085 ppm is the smallest value that is 

greater than 0.08 ppm.’’ 2

C. What is a SIP and how does it relate 

to the 1997 8-hour ozone standard? 

Section 110 of the Act requires states 

to develop air pollution regulations and 

control strategies to ensure that state air 

quality meets the NAAQS established 

by EPA. Each state must submit these 

regulations and control strategies to EPA 

for approval and incorporation into the 

Federally-enforceable SIP. Each 

Federally-approved 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. 

EPA published a first phase rule 

governing implementation of the 1997 

8-hour ozone standard (Phase 1 Rule) on 

April 30, 2004 (69 FR 23951). The Phase 

1 Rule addressed, among other matters, 

classifications for Part D subpart 2 areas 

under the 1997 8-hour standard. The 

Phase 1 rule was challenged and certain 

portions of it were vacated by the DC 

Circuit in South Coast Air Quality 

Management Dist. v. EPA, 472 F.3d 882 

(DC Cir. 2006), clarified on rehearing, 

489 F.3d 1245 (DC Cir. 2007), cert. 

denied, 128 S.Ct. 1065 (2008). The 

provisions of the Phase 1 rule that are 

directly relevant to this proposed rule— 

classifications for subpart 2 and the 

related 8-hour ozone standard 

attainment deadlines—are not among 

those that were successfully challenged, 

and they remain effective. 

EPA also published a rule governing 

implementation of the 1997 8-hour 

ozone standard (Phase 2 Rule) on 

November 29, 2005 (70 FR 71612), as 

revised on June 8, 2007 (72 FR 31727). 

The Phase 2 rule addresses SIP 

obligations for the 1997 8-hour ozone 

NAAQS, including the SIP elements 

associated with RACT, reasonably 

available control measures (RACM), 

RFP, modeling and attainment 

demonstrations, new source review 

(NSR), vehicle inspection and 

maintenance programs (I/M), and 

contingency measures for failure to meet 

RFP and the attainment date. 

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 as marginal, moderate, 

serious, severe or extreme. 

D. What is the DFW nonattainment area, 

and what is its current 1997 8-hour 

ozone nonattainment classification? 

The current DFW nonattainment area 

includes nine counties: Collin, Dallas, 

Denton, Tarrant (the core counties) and 

Ellis, Johnson, Kaufman, Parker, and 

Rockwall (the remaining counties). 

Under the 1-hour ozone standard, the 

DFW nonattainment area was classified 

as a ‘‘serious’’ nonattainment area and 

included only the four core counties. 

See 63 FR 8128 (February 18, 1998). The 

remaining counties maintained their 

initial designation of unclassifiable/ 

attainment for the 1-hour ozone 

standard. See 56 FR 56694 (November 6, 

1991).3 On October 16, 2008, we 

determined that the DFW 1-hour ozone 

nonattainment area was attaining the 1- 

hour ozone standard based upon 

complete, quality-assured and certified 

ambient air monitoring data that 

showed the area had monitored 

attainment of the 1-hour ozone NAAQS 

for the 2004–2006 monitoring period (73 

FR 61357). That determination allowed 

certain SIP planning measures to be 

suspended for so long as the area 

continues to monitor attainment of the 

1-hour ozone standard. Today’s 

proposed rulemaking addresses the 

area’s attainment and reclassification 

only with respect to the 1997 8-hour 

ozone standard. 

With regard to the 8-hour standard, on 

April 30, 2004, EPA published the 8- 

hour ozone designations in conjunction 

with its Phase I implementation rule (69 

FR 23858 and 69 FR 23951, 

respectively). For areas subject to 

subpart 2 of the Act, such as the DFW 

nonattainment area, the maximum 

period for attainment runs from the 

effective date of designations and 

classifications for the 1997 8-hour ozone 

NAAQS 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 or 17 years; and 

Extreme—20 years. 

The DFW area, consisting of all nine 

counties, was designated nonattainment 

for the 1997 8-hour ozone standard and 

classified as ‘‘moderate’’ based on a 

design value of 0.100 ppm, with an 

attainment date of June 15, 2010 (69 FR 

23858). The design value (DV) of an area 

characterizes the severity of the air 

quality concern 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, on May 30, 2007, the 

State of Texas submitted an attainment 

plan designed to attain the 1997 8-hour 

ozone standard. The state submitted a 

supplement to this plan on April 23, 

2008. On July 14, 2008, we proposed to 

conditionally approve the 1997 8-hour 

ozone attainment demonstration SIP 

revision for the DFW moderate 8-hour 

ozone nonattainment area. See 73 FR 

40203. We finalized this approval on 

January 14, 2009. See 74 FR 1903. The 

DFW area met all of the current 

requirements for its moderate area 

classification. 

E. What are the CAA provisions 

regarding determinations of 

nonattainment and reclassifications? 

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

the process for making determinations 

upon failure of an ozone nonattainment 

area to meet the standard by its 

attainment date, and for reclassification 

of an ozone nonattainment area. Section 

181(b)(2)(A) of the Act requires that EPA 

determine, based on the area’s 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 

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 EPA to 

publish in the Federal Register a notice 

identifying any area that has failed to 

attain by its attainment date and the 

resulting reclassification. 

II. What is EPA’s evaluation of the DFW 

area’s 8–hour ozone data? 

EPA is proposing to make its 

determination of whether the DFW 

attained the 8-hour ozone standard by 

its attainment deadline based on 

quality-assured, quality-controlled 

ambient air monitoring data for the 

years 2007–2009. These data, from sites 

in the DFW area have been certified by 

TCEQ, and are presented in Table 1. 

These data show that the DFW area was 

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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 47749 

violating the 1997 8-hour ozone 

standard at the time of its June 15, 2010 

attainment deadline. As noted above, 

the highest design value at any 

regulatory monitor in the area is 

considered the design value for the area 

(40 CFR 58.1). The Keller and Eagle 

Mountain Lake monitoring sites 

recorded the highest 2007–2009 design 

values, and thus at the time of its 

attainment deadline, the area had a 

design value of 0.086 ppm. Thus, 

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

EPA is proposing to determine that the 

DFW nonattainment area did not attain 

the 1997 8-hour ozone NAAQS by the 

June 15, 2010, deadline for moderate 

nonattainment areas. 

TABLE 1—DFW AREA FOURTH HIGHEST 8-HOUR OZONE CONCENTRATIONS AND DESIGN VALUES (PPM)* 

Site name and No. 

4th Highest daily max Design value 

(2007–2009) 2007 2008 2009 

Fort Worth Northwest, 48–439–1002 .............................................. 0.081 0.073 0.083 0.079 

Keller, 48–439–2003 ........................................................................ 0.084 0.085 0.090 0.086 

Frisco, 48–085–0005 ....................................................................... 0.080 0.079 0.079 0.079 

Midlothian OFW, 48–139–0016 ....................................................... 0.076 0.072 0.072 0.073 

Denton Airport South, 48–121–0034 ............................................... 0.089 0.084 0.082 0.085 

Arlington Municipal Airport, 48–439–3011 ...................................... 0.075 0.078 0.080 0.077 

Dallas North No. 2, 48–113–0075 ................................................... 0.079 0.076 0.088 0.081 

Rockwall Heath, 48–397–0001 ........................................................ 0.074 0.073 0.078 0.075 

Grapevine Fairway, 48–439–3009 .................................................. 0.089 0.077 0.086 0.084 

Kaufman, 48–257–0005 .................................................................. 0.074 0.069 0.068 0.070 

Granbury, 48–221–0001 .................................................................. 0.081 0.073 0.077 0.077 

Eagle Mountain Lake, 48–439–0075 ............................................... 0.084 0.085 0.091 0.086 

Parker County, 48–367–0081 .......................................................... 0.088 0.077 0.080 0.081 

Cleburne Airport, 48–251–0003 ...................................................... 0.087 0.083 0.080 0.083 

Dallas Hinton St., 48–113–0069 ...................................................... 0.076 0.064 0.062 0.067 

Dallas Executive Airport, 48–113–0087 .......................................... 0.080 0.077 0.079 0.078 

Greenville, 48–231–1006 ................................................................. 0.069 0.063 0.067 0.066 

Pilot Point, 48–121–1032 ................................................................ 0.075 0.080 0.078 0.077 

* Design value calculations for the 8-hour ozone standard are based on a rolling three-year average of the annual 4th highest values (40 CFR 

Part 50, Appendix I). 

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 8-hour 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. The DFW area’s attainment year is 

2009. In 2009, the area’s fourth-highest 

daily 8-hour average from the monitor 

with the highest average of the area’s 

monitors was 0.091 ppm. 40 CFR 

51.907(a), (c). Therefore, the DFW area 

does not qualify for a 1-year extension 

of its moderate area attainment 

deadline. 

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

provides that, should an area fail to 

attain by the applicable date, the area is 

reclassified by operation of law to the 

next higher classification or the 

classification applicable to the area’s 

ozone design value at the time of the 

required notice under Section 

181(b)(2)(B), whichever is higher. 

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

publish a notice in the Federal Register 

identifying the reclassification status of 

an area that has failed to attain the 

standard by its attainment date. The 

classification that would be applicable 

to the DFW area’s ozone design value at 

the time of today’s notice is ‘‘marginal’’ 

because the area’s 2009 calculated 

design value, based on quality-assured 

ozone monitoring data from 2007–2009, 

is 0.086 ppm. By contrast, the next 

higher classification for the DFW area is 

‘‘serious.’’ Because ‘‘serious’’ is a higher 

nonattainment classification than 

‘‘marginal’’ under the statutory scheme 

in the Act, upon the effective date of a 

final rulemaking determining that the 

DFW has failed to attain the 1997 8-hour 

ozone standard by the applicable 

attainment date of June 15, 2010, the 

DFW area will be reclassified by 

operation of law as ‘‘serious.’’ 

III. What actions is EPA proposing? 

A. Determination of Nonattainment, 

Reclassification of the DFW 

Nonattainment Area and New 

Attainment Date 

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

Act, EPA is proposing to determine that 

the DFW area did not attain the 1997 8- 

hour ozone NAAQS by the June 15, 

2010, attainment deadline prescribed 

under the Act for moderate ozone 

nonattainment areas. If EPA takes final 

action on this determination as 

proposed, the DFW area will be 

reclassified by operation of law from 

moderate to serious nonattainment. 

Serious areas are required to attain the 

standard ‘‘as expeditiously as 

practicable’’ but no later than 9 years 

after designation, or June 15, 2013. The 

‘‘as expeditiously as practicable’’ 

attainment date will be determined as 

part of the action on the required SIP 

submittal demonstrating attainment of 

the 1997 8-hour ozone standard. EPA is 

proposing a schedule by which Texas 

will submit the SIP revisions necessary 

pursuant to reclassification to serious 

nonattainment of the 1997 8-hour ozone 

standard. 

B. Proposed Date for Submitting a 

Revised SIP for the DFW Area 

EPA is also addressing here the 

schedule by which Texas would be 

required to submit a revised SIP. When 

an area is reclassified, 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 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, in this case 2012 (40 

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

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4Section 182(b)(3) imposes the Stage II 

requirement on moderate and worse ozone 

nonattainment areas, but pursuant to section 

202(a)(6), section 182(b)(3) applied only in serious 

and worse areas after EPA promulgated rules for 

ORVR in 1994. Section 202(a)(6) additionally 

allows EPA to revise or waive the section 182(b)(3) 

requirement for all ozone nonattainment areas after 

EPA determines that ORVR is in widespread use 

throughout the motor vehicle fleet. If EPA finds that 

ORVR is in widespread use and waives the section 

182(b)(3) requirement in advance of the date by 

which new serious areas would otherwise be 

required to implement Stage II controls, such areas 

would no longer be subject to the section 182(b)(3) 

requirement. Further, for any areas that already 

implement Stage II, to remove Stage II controls 

following an EPA widespread use and waiver 

decision, any EPA SIP approval would be subject 

to the CAA section 110(l) requirement that the 

revision does not interfere with any applicable 

requirement of the CAA. 

5Pursuant to section 182(b)(3)(B), the compliance 

date shall be (i) 6 months after the adoption date, 

in the case of gasoline dispensing facilities for 

which construction commenced after the date of the 

enactment of the Clean Air Act Amendments of 

1990; (ii) one year after the adoption date, in the 

case of gasoline dispensing facilities which 

dispense at least 100,000 gallons of gasoline per 

month, based on average monthly sales for the 2- 

year period before the adoption date; or (iii) 2 years 

after the adoption date, in the case of all other 

gasoline dispensing facilities. Any gasoline 

dispensing facility described under both clause (i) 

and clause (ii) shall meet the requirements of clause 

(i). 

6As stated earlier in this notice, in regards to 

requirements for SIPs regarding review of new or 

modified major stationary sources (‘‘new source 

review’’), the reclassification proposed herein 

would not lower the ‘‘major source’’ thresholds 

required in the four core counties because the 

statutory thresholds that applied by virtue of the 

area’s classification under the 1-hour ozone 

standard continue to apply as anti-backsliding 

measures for the 1997 8-hour ozone standard (see 

South Coast Air Quality Management Dist. v. EPA, 

472 F.3rd 882 (DC 2006) rehearing denied 489 F.3d 

1245, clarifying that the vacatur was limited to the 

issues on which the court granted the petitions for 

review). In EPA’s Phase 1 rule, EPA made NSR 

applicability thresholds dependent upon the status 

and classification of an area under the 1997 8-hour 

standard. The effect of the ruling in the South Coast 

case is to restore NSR applicability thresholds 

pursuant to the classifications previously in effect 

for areas designated nonattainment for the 1-hour 

standard. See EPA memorandum from Robert J. 

Meyers, ‘‘New Source Review (NSR) Aspects of the 

Decision of the U.S. Court of Appeals for the 

District of Columbia Circuit on the Phase 1 Rule to 

Implement the 8–Hour Ozone National Ambient Air 

Quality Standards (NAAQS),’’ dated October 2, 

2007. As provided in CAA sections 501 and 502(a) 

and 40 CFR 70.2, 70.3(a), 71.2 and 71.3(a), the 

thresholds at which a source is required to apply 

for and operate a Title V operating permit are linked 

to the NSR ‘‘major source’’ applicability threshold. 

ozone monitoring season as defined in 

40 CFR Part 58, Appendix D, section 

4.1, Table D–3 (October 17, 2006, 71 FR 

61236). For the DFW area, March 1st is 

the beginning of the ozone monitoring 

season. Therefore, we propose that 

Texas submit the required SIP revisions, 

including the attainment demonstration, 

RFP, RACT, contingency measures, and 

other applicable serious area 

requirements to 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 no later than March 1, 

2012, the start of the ozone season for 

the attainment year. 

Pursuant to section 182(c) of the Act 

and as further referenced below, the 

requirements for serious ozone 

nonattainment areas include, but are not 

limited to: (1) Attainment and 

reasonable further progress 

demonstrations (CAA section 182(c)(2), 

40 CFR 51.908 and 40 CFR 51.910); (2) 

an enhanced monitoring program (CAA 

section 182(c)(1) and 40 CFR 58.10); (3) 

an enhanced vehicle inspection and 

maintenance program (CAA section 

182(c)(3) and 40 CFR 51.350); (4) clean 

fuel vehicle programs (CAA section 

182(c)(4)); (5) transportation control 

(CAA section 182(c)(5)); (6) a 50 ton-peryear major source threshold (CAA 

section182(c) and 40 CFR 51.165); (7) 

more stringent new source review 

requirements (CAA section 182(c)(6) 

and 40 CFR 51.165); (8) special rules for 

modification of sources (CAA sections 

182(c)(7) and 182(c)(8), and 40 CFR 

51.165); (9) contingency provisions 

(CAA section 182(c)(9)); and (10) 

increased offsets (CAA section 

182(c)(10) and 40 CFR 51.165). See also 

the requirements for serious ozone 

nonattainment areas set forth in section 

182(c) of the Act. 

In addition, the requirements of 

section 182(b)(3) relating to Stage II 

gasoline vapor recovery shall apply, 

provided EPA has not yet found that 

onboard vapor recovery (ORVR) is in 

widespread use in the motor vehicle 

fleet and waived the section 182(b)(3) 

requirement.4 Pursuant to section 

182(b)(3)(B), we propose that Texas 

submit the SIP revision relating to Stage 

II vapor recovery to EPA no later than 

two years after the effective date of the 

final rulemaking for this reclassification, 

since that corresponds to the period that 

moderate and worse nonattainment 

areas were first required to submit Stage 

II SIPs following enactment of the 1990 

CAA Amendments. Section 182(b)(3) 

requires implementation of Stage II 

controls within 6 months to two years 

after the date of adoption by the state of 

requirements for the installation and 

operation of a system for gasoline vapor 

recovery of emissions from the fueling 

of motor vehicles, depending on the age 

and throughput of the facility.5

The DFW 1-hour ozone 

nonattainment area was reclassified as 

serious for that standard on February 18, 

1998 (63 FR 8128), so the 1-hour ozone 

standard requirements applicable to the 

area are those that apply to 

nonattainment areas classified as 

serious. Under the 1-hour ozone 

standard, Collin, Dallas, Denton and 

Tarrant counties were all classified as 

serious. As such, many of the 

requirements listed above are already 

being implemented in those areas, as 

specified in Table 2 below. However, 

some of these requirements will be new 

to the five remaining counties that were 

not included in the 1-hour ozone 

nonattainment area for DFW; these are 

also provided in Table 2 below. EPA 

also notes that there may be sources in 

the five remaining counties that will be 

newly subject to Title V and will have 

one year from the effective date of the 

final rulemaking for this reclassification 

to provide TCEQ with a Title V permit 

application.6 A list of the requirements 

already in place and those yet to be 

implemented in the DFW area is 

provided in Table 2 below: 

TABLE 2—STATUS OF REQUIREMENTS FOR THE PROPOSED DFW 1997 8-HOUR OZONE SERIOUS NONATTAINMENT AREA

Requirement Status Action needed or date approved by EPA 

Attainment Demonstration 182(c)(2)(A) ............. Due 1 year from the effective date of the final 

rulemaking for this action.

Must be submitted to EPA for approval. 

RFP Demonstration 182(c)(2)(B) ....................... Due 1 year from the effective date of the final 

rulemaking for this action.

Must be submitted to EPA for approval. 

Enhanced monitoring 182(c)(1) .......................... Due 1 year from the effective date of the final 

rulemaking for this action.

Must be submitted to EPA for approval. 

Enhanced I/M program ....................................... Implemented in all 9 counties .......................... November 14, 2001 (66 FR 57261). 

Clean-fuel vehicle programs 182(c)(4) ............... Equivalency program due 1 year from the effective date of the final rulemaking for this 

action7.

Must be submitted to EPA for approval. 

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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 47751 

7 In 2005, the Texas Legislature repealed the 

Texas Clean Fuel Fleet substitute program. As a 

result, Texas must submit an equivalency 

demonstration. See 75 FR 27514, beginning on page 

27524 (May 17, 2010). 

TABLE 2—STATUS OF REQUIREMENTS FOR THE PROPOSED DFW 1997 8-HOUR OZONE SERIOUS NONATTAINMENT

AREA—Continued 

Requirement Status Action needed or date approved by EPA 

Transportation control 182(c)(5) ......................... Transportation controls in place under the 

1997 8-hr ozone moderate nonattainment 

area SIP.

Adopt transportation controls as needed in the 

serious nonattainment area and submit to 

EPA for approval. 

50 tpy threshold for VOCs 182(c) ...................... Implemented in all 9 counties .......................... July 17, 2008 (73 FR 40972). 

50 tpy threshold for NOX .................................... Implemented in all 9 counties .......................... December 3, 2008 (73 FR 73562). 

De minimis rule 182(c)(6) ................................... Implemented in core counties .......................... Must be expanded to all 9 counties. 

Special rule for modifications of sources emitting less than 100 tons. 182(c)(7).Implemented in core counties .......................... Must be expanded to all 9 counties. 

Special rule for modifications of sources emitting 100 tons or more. 182(c)(8).Implemented in core counties .......................... Must be expanded to all 9 counties. 

Contingency provisions 182(c)(9) ....................... Due 1 year from the effective date of the final 

rulemaking for this action.

Must be submitted to EPA for approval. 

Offsets of 1.2 to 1 182(c)(10) ............................. Implemented in core counties .......................... Must be expanded to all 9 counties. 

Stage II vapor recovery ...................................... Implemented in core counties .......................... Submit evidence of widespread use or expand Stage II SIP to all 9 counties.4

IV. Proposed Action 

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

Act, EPA is proposing to determine, 

based on certified, quality-assured 

monitoring data for 2007–2009, that the 

DFW area did not attain the 1997 8-hour 

ozone standard by the applicable June 

15, 2010 attainment deadline. If EPA 

finalizes this determination, upon the 

effective date of the final determination 

DFW will be reclassified by operation of 

law as a serious 1997 8-hour ozone 

nonattainment area. Pursuant to section 

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

the schedule for submittal of the SIP 

revisions required for serious areas once 

the DFW area is reclassified. We 

propose that Texas submit the required 

SIP revisions for the serious attainment 

demonstration, RFP, RACT, contingency 

measures, and for all other serious area 

measures required under CAA section 

182(c) to EPA no later than one year 

after the effective date of the final 

rulemaking for this reclassification; 

except that we propose that Texas 

submit the required SIP revision for the 

Stage II vapor recovery to EPA no later 

than two years after the effective date of 

the final rulemaking for this 

reclassification, pursuant to section 

182(b)(3)(A) of the Act. 

V. 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 Clean Air Act; 

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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not 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: July 28, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–19574 Filed 8–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1060] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On July 2, 2009, FEMA 

published in the Federal Register a 

proposed rule that contained an 

erroneous table. This notice provides 

corrections to that table, to be used in 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS