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

or material that the Bureau considers 

unsuitable for posting. 

You may also view copies of this 

notice of proposed rulemaking, all 

related petitions, maps and other 

supporting materials, and any electronic 

or mailed comments that TTB receives 

about this proposal by appointment at 

the TTB Information Resource Center, 

1310 G Street NW., Washington, DC 

20005. You may also obtain copies at 20 

cents per 8.5- x 11-inch page. Please 

note that TTB is unable to provide 

copies of USGS maps or other similarlysized documents that may be included 

as part of the AVA petition. Contact 

TTB’s information specialist at the 

above address or by telephone at 202– 

453–2265 to schedule an appointment 

or to request copies of comments or 

other materials. 

Regulatory Flexibility Act 

TTB certifies that this proposed 

regulation, if adopted, would not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed regulation imposes no 

new reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of an AVA name 

would be the result of a proprietor’s 

efforts and consumer acceptance of 

wines from that area. Therefore, no 

regulatory flexibility analysis is 

required. 

Executive Order 12866 

It has been determined that this 

proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866 of September 30, 

1993. Therefore, no regulatory 

assessment is required. 

Drafting Information 

Karen A. Thornton of the Regulations 

and Rulings Division drafted this notice 

of proposed rulemaking. 

List of Subjects in 27 CFR Part 9 

Wine. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB proposes to amend title 

27, chapter I, part 9, Code of Federal 

Regulations, as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Section 9.207 is amended by 

revising paragraph (b) introductory text, 

adding paragraphs (b)(8) through (10), 

revising paragraphs (c)(16) and (17), 

redesignating paragraph (c)(18) through 

(22) as paragraphs (c)(21) through (25), 

and adding new paragraphs (c)(18) 

through (20). 

The revisions and additions read as 

set forth below: 

§ 9.207 Outer Coastal Plain. 

* * * * * 

(b) Approved maps. The appropriate 

maps for determining the boundary of 

the Outer Coastal Plain viticultural area 

are 10 United States Geological Survey 

topographic maps. They are titled: 

* * * * * 

(8) Freehold, New Jersey, 2014, 1: 

24,000 scale; 

(9) Marlboro, New Jersey, 2014, 

1:24,000 scale; and 

(10) Keyport, New Jersey–New York, 

2014, 1:24,000 scale. 

(c) * * * 

(16) Continue northeasterly on CR 

537, crossing onto the Freehold, New 

Jersey, map, to the intersection of CR 

537 (known locally as W. Main Street) 

and State Route 79 (known locally as S. 

Main Street) in Freehold; then 

(17) Proceed northeasterly, then 

northerly, along State Route 79, crossing 

onto the Marlboro, New Jersey, map to 

the intersection of State Route 79 and 

Pleasant Valley Road in Wickatunk; 

then 

(18) Proceed northeasterly, then 

southeasterly along Pleasant Valley 

Road to the road’s intersection with 

Schank Road, south of Pleasant Valley; 

then 

(19) Proceed easterly along Schank 

Road to the road’s intersection with 

Holmdel Road; then 

(20) Proceed northerly along Holmdel 

Road, crossing onto the Keyport, New 

Jersey–New York map, to the road’s 

intersection with the Garden State 

Parkway, north of Crawford Corners; 

then 

* * * * * 

Dated: September 14, 2016. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2016–22635 Filed 9–19–16; 8:45 am] 

BILLING CODE 4810–31–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0495; FRL–9951–38– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Reasonable Further Progress Plan and 

Motor Vehicle Emissions Budgets for 

the Dallas/Fort Worth 2008 Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Dallas/Fort Worth 

(DFW) Texas Reasonable Further 

Progress (RFP) State Implementation 

Plan (SIP) for the DFW moderate 

nonattainment area for the 2008 ozone 

National Ambient Air Quality Standard 

(NAAQS or standard). The SIP revision 

was submitted to the EPA on July 10, 

2015 and supplemented on April 22, 

2016. We also are proposing to approve 

revisions to the 2011 base year 

emissions inventory for the DFW 

moderate nonattainment area for the 

2008 ozone NAAQS standard, the 2017 

transportation conformity motor vehicle 

emissions budgets, and the required 

contingency measures for failure to meet 

RFP. This action is being taken under 

the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before October 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. [EPA–R06– 

OAR–2015–0495], at http://

www.regulations.gov or via email to 

jacques.wendy@epa.gov. Follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Ms. Wendy Jacques, (214) 665– 

7395, jacques.wendy@epa.gov. For the 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules 64373 

1See 73 FR 16436, published March 27, 2008. In 

this action we refer to the 2008 8-hour ozone 

standard as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008 

ozone standard.’’ 

2See 77 FR 30088, published May 21, 2012. We 

refer to the DFW nonattainment area for the 2008 

ozone standard as ‘‘the 10-county NAA.’’ 

3See 80 FR 12264, published March 6, 2015. 

4For additional information on ozone, please see 

the TSD and visit www.epa.gov/groundlevelozone. 

5A technical supplement to the RFP submittal 

was provided by the TCEQ on April 22, 2016, 

showing how Wise County meets the 15% emission 

reduction requirement described elsewhere in this 

proposal. The data provided in the technical 

supplement was included in the July 10, 2015 SIP 

submittal, but was not used in the State’s 

calculations because the TCEQ calculated the 15% 

emission reduction using all 10 counties and did 

not realize the requirement for Wise County to meet 

a 15% emission reduction by itself. For more detail, 

see our TSD and the TCEQ’s April 22, 2016 

technical supplement in the docket for this 

rulemaking. 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

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

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Wendy Jacques, (214) 665–7395, 

jacques.wendy@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Wendy Jacques 

or Mr. Bill Deese at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ mean the EPA. 

I. Background 

The EPA is proposing to approve 

revisions to the Texas SIP, submitted to 

EPA on July 10, 2015 and supplemented 

on April 22, 2016 to meet certain 

requirements under section 182(b) of the 

CAA for the DFW Moderate 

nonattainment area (NAA) under the 

2008 ozone standard. We are proposing 

to approve the DFW RFP SIP that 

includes the RFP plan, contingency 

measures for failure to meet RFP 

milestone requirements, and the 2017 

transportation conformity motor vehicle 

emissions budgets (MVEBs). We are also 

proposing to approve the 2011 base year 

emissions inventory (EI). 

On March 12, 2008, the EPA 

promulgated a revised 8-hour ozone 

standard of 0.075 parts per million 

(ppm) 1 and on April 30, 2012, the EPA 

designated and classified the DFW area 

(consisting of Collin, Dallas, Denton, 

Ellis, Johnson, Kaufman, Parker, 

Rockwall, Tarrant and Wise counties) 2

as a Moderate NAA under the 2008 

ozone standard with an attainment date 

of July 20, 2018.3 Accordingly, the 

Texas Commission on Environmental 

Quality (TCEQ) was required to submit 

revisions to the DFW SIP to meet 

requirements under section 182(b) of the 

CAA for the Moderate NAA. A brief 

history of the DFW area under the prior 

1-hour and 1997 8-hour ozone 

standards, as well as additional 

background information, is provided in 

the Technical Support Document (TSD), 

which is in the docket for this 

rulemaking. 

A. The Reasonable Further Progress 

(RFP) Plan 

The CAA requires that areas 

designated as nonattainment for ozone 

and classified as Moderate or worse 

demonstrate RFP in reducing emissions 

of ozone precursors (nitrogen oxides or 

NOX and volatile organic compounds or 

VOCs) 4 over a specific period of time. 

The RFP plan generally is designed to 

achieve progress toward meeting the 

ozone NAAQS through annual 

reductions in emissions of NOX and/or 

VOCs. In our final rule to implement the 

2008 ozone standard (referred to as the 

SIP Requirements Rule or SRR) we 

addressed, among other things, the RFP 

requirements as they apply to areas 

designated nonattainment and classified 

as Moderate for the 2008 ozone 

standard. For the purposes of the 2008 

ozone NAAQS, the EPA in the SRR 

interpreted CAA section 182(b)(1)(A)(ii) 

to require such Moderate areas to obtain 

15 percent ozone precursor emission 

reductions over the first 6 years after the 

baseline year for the 2008 ozone 

NAAQS (see 80 FR 12264, March 6, 

2015 and 40 CFR 51.1110). 

RFP plans must also include a MVEB, 

which provides the allowable on-road 

mobile emissions an area can produce 

and continue to demonstrate RFP. The 

State’s RFP submittal included MVEBs 

for the DFW area for the year 2017 (see 

Chapter 5 of the State’s submittal and 

page 13 of our TSD). The MVEBs are 

discussed in detail later in this 

rulemaking. 

Pursuant to section 172(c)(9) of the 

CAA, nonattainment plan provisions 

must also provide for the 

implementation of contingency 

measures, that is, specific measures to 

be undertaken if a nonattainment area 

fails to make reasonable further 

progress, or to attain the national 

primary ambient air quality standard by 

the applicable attainment date. Such 

contingency measures shall take effect 

without further action by the State or 

EPA, which include additional controls 

that would be implemented if the area 

fails to reach, in this case, its RFP 

milestones. While the CAA does not 

specify the type of measures or quantity 

of emissions reductions required, EPA 

has interpreted the CAA to mean that 

implementation of these contingency 

measures would provide additional 

emissions reductions of up to 3% of the 

adjusted base year inventory (or a lesser 

percentage that will make up the 

identified shortfall) in the year 

following the RFP milestone year. For 

more information on contingency 

measures, see the April 16, 1992 

General Preamble (57 FR 13498, 13510) 

and the SRR (80 FR 12264, 12285). The 

State provided emissions reductions in 

excess of those needed for RFP as 

contingency measures (see Chapter 4, 

pages 15–17 of the State’s submittal and 

Tables 6 and 7 in our TSD). The 

submitted contingency measures 

include, but are not limited to, (1) 

mobile source emission reductions 

addressing engine and fuel rules; and (2) 

fleet turnover. 

In addition, section 182(a)(1) of the 

CAA requires an inventory of actual 

emissions from all sources of relevant 

pollutants in the nonattainment area. 

Such emissions inventories are used, 

among other things, in the calculations 

concerning RFP in such areas. In the 

SRR, the EPA recommended using 2011 

as the base year emission inventory. 

Texas submitted a revised 2011 base 

year inventory for area and mobile 

source emissions in the ten-county NAA 

to meet this requirement. 

II. The EPA’s Evaluation 

The SIP revision submitted by the 

TCEQ on July 10, 2015 and 

supplemented on April 22, 2016 

includes: (1) A revised 2011 base year 

EI for area and mobile sources; (2) the 

RFP plan (which must demonstrate NOX

and/or VOC emissions reductions of at 

least fifteen percent through 2017 for 

nine of the ten counties and VOC-only 

emissions reductions for Wise County); 

(3) contingency measures to be 

implemented in 2018 if the 2017 RFP 

target is not met; and (4) the MVEBs for 

2017.5

We reviewed the submittal for 

consistency with the requirements of 

the CAA, EPA regulations, and EPA 

guidance. A summary of our analysis 

and findings are provided below. For a 

more detailed discussion of our 

evaluation, please see our TSD. 


sradovich on DSK3GMQ082PROD with PROPOSALS
64374 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules 

6Under sections 172(c)(3) and 182(a)(1) of the 

CAA, states are required to submit EI information 

for all relevant sources for areas that are designated 

nonattainment for any of the NAAQS. See also 

https://www.epa.gov/air-emissions-inventories for 

more information on air emission inventories, 

including regulations and EPA guidance. 

7See also our December 1993 NOX Substitution 

Guidance at www.epa.gov/ttn/caaa/t1/memoranda/ 

noxsubst.pdf and www.epa.gov/ttn/oarpg/t1/ 

memoranda/clarisub.pdf. 

8To cross-reference the calculations in these two 

tables, please see Tables 3, 4 and 5 in the TSD for 

this proposal. 

A. The DFW Base Year Emissions 

Inventory 

An emissions inventory is a 

comprehensive, accurate, and current 

inventory of actual emission from all 

sources. It is required by sections 

172(c)(3) and 182(b)(1) of the CAA that 

require that nonattainment plan 

provisions include an inventory of NOX

and VOC emissions from all sources in 

the nonattainment area. The EPA 

previously approved the 2011 base year 

inventory (see 80 FR 9204, February 20, 

2015). Since that submittal, several 

improvements have been made, 

including, but not limited to, 

improvements to the models used to 

calculate the mobile source categories 

within the inventory. Because of these 

refinements, revisions to more 

accurately reflect the EI were made by 

the TCEQ. We have determined that the 

revised inventory was developed in 

accordance with EPA guidance and 

regulations 6 and therefore, we propose 

to approve the revised 2011 base year 

EI. For reference, the previously 

approved base year EI (80 FR 9204) is 

provided in Table 1, reported in tons 

per day (tpd), along with the revised 

2011 base year EI, also reported in tpd. 

Details on how each of the emissions 

categories was revised and emissions 

totals for each county are included in 

the TSD. 

TABLE 1—PREVIOUSLY APPROVED (80 FR 9204) AND REVISED RFP BASE YEAR EIS

Source type 

NOX VOC 

Approved at 

80 FR 9204 

Submitted 

revisions * 

Approved at 

80 FR 9204 

Submitted 

revisions * 

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

Point ................................................................................................................. 39.95 39.95 29.80 29.80 

Area ................................................................................................................. 42.64 50.98 292.49 291.31 

Non-road Mobile .............................................................................................. 120.61 116.95 55.00 54.63 

On-road Mobile ................................................................................................ 238.87 241.13 98.36 104.12 

Total .......................................................................................................... 442.07 449.01 475.65 479.86 

* Submitted to EPA by the TCEQ on July 10, 2015. 

B. The DFW RFP SIP Revision 

1. The Adjusted Base Year Inventory 

and RFP Target Levels for 2017 and 

2018 

The 2011 base year EI is the starting 

point for calculating RFP. The 

‘‘adjusted’’ emissions are what we 

would expect to see if the on-road fleet 

did not implement the low Reid Vapor 

Pressure (RVP) gasoline and pre-1990 

automobile emission controls. Such 

controls are not creditable under section 

182(b)(1)(D) of the CAA, but are no 

longer required to be calculated for 

exclusion in RFP analyses because the 

Administrator determined that due to 

the passage of time the effect of these 

exclusions would be de minimis (40 

CFR 51.1110). The State has chosen 

these non-creditable reductions to 

represent a more accurate accounting, 

which is acceptable. The result, after 

subtracting the non-creditable 

reductions, is known as the adjusted 

base year inventory. The RFP target 

levels and emissions reductions 

required to meet those targets are 

calculated from the adjusted base year 

inventory. 

To achieve the RFP target levels, 

section 182(c)(2)(B) of the CAA allows 

for substitution of NOX emission 

reductions for VOC emission reductions 

in certain circumstances. See 80 FR 

12264, 12271 and 40 CFR 51.1110.7 For 

example, the DFW ten-county NAA 

includes nine counties that have already 

met the 15 percent emission reduction 

requirement for VOC under the 1-hour 

ozone NAAQS (Collin, Dallas, Denton 

and Tarrant, see 70 FR 18993) and 

under the 1997 ozone NAAQS (Ellis, 

Johnson, Kaufman, Parker and 

Rockwall, see 73 FR 58475). Therefore, 

these nine counties may rely upon NOX

and VOC emissions reductions to 

achieve the RFP target levels. Wise 

County however, must meet the 15 

percent VOC emission reduction 

requirement because this is its first time 

to be covered under the ozone 

nonattainment SIP requirements. This 

also means that these VOC emission 

reductions are calculated separately 

from the other nine counties (see the 

TSD for a more detailed explanation). 

The RFP submittal provides emission 

reductions of NOX and VOC whose 

combined total is 15 percent for nine of 

the ten counties (all but Wise County). 

As explained in more detail in the 

State’s April 22, 2016 ‘‘Technical 

Supplement to the 2008 Ozone DFW 

RFP SIP Revision,’’ the TCEQ provided 

a technical supplement to EPA to 

correct the 2017 RFP demonstration for 

Wise County as well as a corrected RFP 

spreadsheet that removed the transfer of 

VOC reductions to Wise County and 

credits emissions reductions from 

drilling rig controls that were available 

but not credited in its July 10, 2015 

submittal. The technical supplement 

shows that Wise County meets the 15% 

VOC-only reduction requirement from 

the 2011 base year through the 2017 

attainment year based solely on 

reductions from within Wise County. 

All the data used to meet this 

requirement within Wise County was 

included in the original submitted SIP 

RFP revision but was not used in the 

RFP calculations because TCEQ did not 

think it was needed at that time. 

Tables 2 and 3 provide an accounting 

of the emissions targets through 2017. 

Table 2 shows the calculations and 

reductions required for nine of the ten 

counties (all but Wise County) to 

achieve RFP and Table 3 provides the 

calculations and reductions required for 

Wise County to achieve RFP.8


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules 64375 

9Our EI guidance documents are posted at 

https://www.epa.gov/air-emissions-inventories/ 

emissions-inventory-guidance-documents. 

10See also Tables 8 and 9 in the TSD for this 

proposal. 

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

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

[tpd] 

Description NOX VOC 

a. 2011 Emissions Inventory ................................................................................................................................... 414.52 445.79 

b. Non-creditable on-road reductions 2011–2017 ................................................................................................... 2.87 ¥4.45 

c. 2017 Adjusted Base Year EI (row a minus row b) ............................................................................................. 411.65 450.24 

d. Percent of NOX and VOC to meet 15% reduction .............................................................................................. 10.0% 5.0% 

e. 15% NOX and VOC reduction, 2011–2017 [(row c) × (row d)] .......................................................................... 41.17 22.51 

f. 2017 Target Level of Emission (row c minus row e) ........................................................................................... 370.48 427.73 

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

[tpd] 

Description NOX VOC 

a. 2011 Emissions Inventory ................................................................................................................................... 34.49 34.07 

b. Non-creditable on-road reductions, 2011–2017 .................................................................................................. 0.21 ¥0.08 

c. 2017 Adjusted Base Year EI (row a minus row b) ............................................................................................. 34.28 34.15 

d. Percent of NOX and VOC to meet 15% reduction .............................................................................................. N/A 15.0% 

e. 15% VOC reduction, through 2017 [(row d) × (row e)] ....................................................................................... N/A 5.12 

f. 2017 Target Level of Emissions (row c minus row e) ......................................................................................... 34.28 29.03 

We find the calculations are 

mathematically correct and approvable. 

2. The Projected Emissions Inventories 

and How the Required Emissions 

Reductions Are Achieved 

Section 182(b)(1)(A) of the CAA 

requires that States provide sufficient 

control measures in their RFP plans to 

offset growth in emissions. To do this, 

the State must estimate the amount of 

growth that will occur between 2011 

and the end of 2017. The State’s 

approach is consistent with our 

guidelines in estimating the growth in 

emissions.9 The projections of growth 

are labeled as the ‘‘Uncontrolled 

Emissions’’ for 2017 under (b) in the 

table below and are described in greater 

detail in our TSD.10

Texas then estimated emission 

reductions from State and federal 

control measures in place in 2011 and 

expected to continue through 2017. The 

list of State and federal control 

measures relied upon is provided in our 

TSD and includes, but is not limited to, 

on-road and non-road mobile source 

emission reductions from engine and 

fuel rules and fleet turnover.11 Texas 

appropriately estimated the emission 

reductions from controls in place in 

2011 and appropriately projected the 

emission reductions out to 2017 (see 

more details in the TSD) that are found 

on line (c) in Table 4. Texas then 

applied these current and future 

estimated reductions to the appropriate 

uncontrolled inventories. The results 

are the projected emissions listed in line 

‘‘d’’ in Tables 4 and 5 of this proposal. 

The total amount of VOC and NOX

emissions in the controlled inventories 

for 2017 must be equal to or less than 

the corresponding RFP target 

inventories to demonstrate RFP. 

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

[tpd] 

Description NOX VOC NOX VOC 

9 Counties Wise County 

a. 2017 Target ................................................................................................. 370.48 427.73 34.28 29.03 

b. 2017 Uncontrolled Emissions ...................................................................... 1139.93 830.38 49.33 34.68 

c. Projected Emission Reductions through 2017 ............................................ 839.50 428.85 20.29 5.73 

d. Projected Emissions after Reductions (b–c) ............................................... 300.43 401.53 29.04 28.95 

2017 RFP Targets ........................................................................................... 370.48 427.73 34.28 29.03 

RFP Met? ......................................................................................................... yes yes yes yes 

Surplus or (shortfall) ........................................................................................ 70.05 26.20 5.24 0.08 

As shown in Table 4, the projected 

emissions in line ‘‘d’’ for NOX and VOC 

for all counties in the DFW ten-county 

NAA are less than the RFP targets and 

therefore meet the RFP requirement 

(target or milestone) for 2017. Therefore, 

the EPA is proposing that the emissions 

reductions projected for 2017 are 

sufficient to meet the 2017 RFP targets. 

3. The RFP Contingency Measures 

Section 172(c)(9) of the CAA requires 

that an RFP plan for a Moderate 

nonattainment area include contingency 

measures, which are additional controls 

to be implemented if the area fails to 

make reasonable further progress, i.e., 

fails to reach the 2017 RFP target. 

Contingency measures are intended to 

achieve reductions over and beyond 

those relied on in the RFP 

demonstration to achieve the 2017 

milestones and could include federal 


sradovich on DSK3GMQ082PROD with PROPOSALS
64376 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules 

12See 80 FR 12264, 12285. 

13The TCEQ established long ago that DFW area 

ozone levels are sensitive to NOX emissions and we 

are aware of the transition in the urban core. See 

Appendix D (the conceptual model) for the State’s 

Attainment Demonstration for the DFW area under 

the 2008 ozone standard, which is posted on the 

TCEQ Web site at https://www.tceq.texas.gov/ 

airquality/sip/dfw/dfw-latest-ozone. 

and State measures already scheduled 

for implementation. The CAA does not 

preclude a State from implementing 

such measures before they are triggered. 

Texas used federal and State measures 

expected to be implemented to meet the 

contingency measure requirement for 

the RFP. These measures provide 

reductions through 2018 that are in 

excess of those needed to achieve the 

2017 RFP milestones. Tables 5 and 6 

provide an accounting of the emissions 

targets through 2018. Table 5 shows the 

calculations and reductions required to 

meet the contingency requirement for 

nine of the ten counties (all but Wise 

County) and Table 6 provides the 

calculations and reductions required for 

Wise County to meet the contingency 

requirement. Regarding the content of 

the contingency measures, the 3 percent 

emissions reductions for contingency 

measures may be based entirely on NOX

controls if the area has completed the 

initial 15 percent rate-of-progress VOC 

reduction required by CAA section 

182(b)(1)(A)(i) 12 and the State showed 

that NOX substitution would be most 

effective in bringing the area into 

attainment. The State demonstrated that 

the DFW rural and northwestern 

monitors located on the periphery of the 

DFW area have continued to measure 

NOX-limited conditions, meaning that 

ozone formation is more sensitive to the 

amount of NOX present in the 

atmosphere. The State also shows that 

the DFW monitors in the urban core 

measure more transitional conditions 

(not strongly limited by either NOX or 

VOC) and controlling either VOC or 

NOX emissions in these regions would 

reduce ozone concentrations.13 For the 

RFP contingency measures, the State 

chose a mix of NOX and VOC emission 

reductions for all but Wise County and 

chose just NOX emission reductions for 

Wise County. The State chose to 

separately account for contingency 

measures for Wise County and to be 

consistent, we have done the same. 

TABLE 5—DEMONSTRATION OF 2018 CONTINGENCY MEASURES (TPD) FOR NINE COUNTIES

[All but Wise County] 

Description NOX VOC 

A. 2017 Adjusted Base Year EI .............................................................................................................................. 411.65 450.24 

B. Percent of NOX and VOC to meet 3% contingency ........................................................................................... 2% 1% 

C. Required reduction to provide contingency (A × B) ........................................................................................... 8.23 4.50 

D. Reduction to meet RFP in 2017 (Table 2, line e) .............................................................................................. 41.17 22.51 

E. 2018 on-road mobile non-creditable reductions ................................................................................................. 0.58 0.23 

F. 2018 Target Level of Emissions (line A–C–D–E) ............................................................................................... 361.67 423.00 

Excess reductions to meet contingency requirement 

G. 2018 Uncontrolled Emissions ............................................................................................................................. 1157.47 833.75 

H. Total Reductions Projected through 2018 .......................................................................................................... 878.29 445.64 

J. Projected emissions after reductions (line G minus line H) ................................................................................ 279.18 388.11 

Add line C ................................................................................................................................................................ 8.23 4.50 

K. Projected emissions, accounting for contingency measures .............................................................................. 287.41 392.61 

Total surplus or shortfall 

Line K is less than line F. Subtract line K from line F for surplus .......................................................................... 74.26 30.39 

Is the contingency measure requirement met? ....................................................................................................... Yes Yes 

TABLE 6—DEMONSTRATION OF 2018 CONTINGENCY MEASURES FOR WISE COUNTY

[tpd] 

Description NOX VOC 

A. 2017 Adjusted Base Year EI .............................................................................................................................. 34.28 34.15 

B. Percent of NOX and VOC to meet 3% contingency ........................................................................................... 3% ........................

C. Required reduction to provide contingency (A × B) ........................................................................................... 1.03 ........................

D. Reduction to meet RFP in 2017 ......................................................................................................................... 0 5.12 

E. 2018 on-road mobile non-creditable reductions ................................................................................................. 0 0 

F. 2018 Target Level of Emissions (line A–C–D–E) ............................................................................................... 33.25 29.03 

Excess reductions to meet contingency requirement 

G. 2018 Uncontrolled Emissions ............................................................................................................................. 46.24 29.71 

H. Total Reductions Projected through 2018 .......................................................................................................... 20.95 5.97 

J. Projected emissions after reductions (line G minus line H) ................................................................................ 25.29 23.74 

Add line C ................................................................................................................................................................ 1.03 0 

K. Projected emissions, accounting for contingency measures .............................................................................. 26.32 23.74 

Total surplus or shortfall 

Line K is less than line F. Subtract line K from line F for surplus .......................................................................... 6.93 5.29 

Is the contingency measure requirement met? ....................................................................................................... Yes ........................


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules 64377 

As shown in Tables 5 and 6, the NOX

and VOC emission reductions through 

2018 are sufficient to provide at least 3 

percent emission reductions and thus 

we find that the contingency measures 

requirement are met for RFP. 

4. The Motor Vehicle Emissions Budgets 

(MVEBs) 

According to the transportation 

conformity rule, an RFP plan must 

establish MVEBs for transportation 

conformity purposes. See 40 CFR 

93.118(b)(1)(i). The MVEB is the 

mechanism to ensure that future 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, delay 

reaching RFP milestones, or delay 

timely attainment of the NAAQS. A 

MVEB establishes the maximum amount 

of emissions allowed in the SIP for onroad motor vehicles. 

As part of the July 10, 2015, SIP 

revision submittal, the TCEQ included 

VOC and NOX MVEBs for 2017; these 

budgets are provided in Table 7. For the 

budgets to be approvable, they must 

meet, at a minimum, EPA’s adequacy 

criteria (40 CFR 93.118(e)(4)). The 

availability of these budgets was posted 

on our Web site on August 25, 2015, for 

the purpose of soliciting public 

comments on their adequacy. The 

comment period closed on September 

24, 2015, and we received no comments. 

On January 11, 2016, we published the 

Notice of Adequacy Determination for 

these MVEBs (81 FR 1184). As a result 

of such adequacy determination, these 

MVEBs must be used by state and 

Federal agencies in determining 

whether proposed transportation 

projects conform to the SIP as required 

by section 176(c) of the CAA. The 

adequacy determination represents a 

preliminary finding by EPA of the 

acceptability of the MVEBs. Today we 

are proposing that these MVEBs are 

fully consistent with RFP, as it sets the 

allowable on-road mobile emissions the 

DFW area can produce and continue to 

demonstrate RFP. 

TABLE 7—RFP MOTOR VEHICLE

EMISSIONS BUDGETS FOR DFW (tpd) 

Year NOX VOC 

2017 .................. 148.36 77.18 

III. Proposed Action 

The EPA is proposing to approve 

revisions to the Texas SIP to meet 

certain requirements under section 

182(b) of the CAA for the DFW 

Moderate nonattainment area under the 

2008 ozone standard that were 

submitted to EPA on July 10, 2015 and 

supplemented on April 22, 2016. We are 

proposing to approve the revised base 

year emission inventory, the RFP plan, 

the 2017 MVEBs; and RFP contingency 

measures. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, described in 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: September 14, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–22564 Filed 9–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0812; FRL–9951–36– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Oklahoma; Infrastructure for the Lead, 

Ozone, Nitrogen Dioxide and Sulfur 

Dioxide National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA or Act), the Environmental 

Protection Agency (EPA) is proposing to 

approve State Implementation Plan 

(SIP) submissions from the State of 

Oklahoma regarding the 2008 Lead (Pb), 

2008 Ozone, 2010 Nitrogen Dioxide 

(NO2), and 2010 Sulfur Dioxide (SO2) 

National Ambient Air Quality Standards 

(NAAQS or standards). The four 

submittals address how the existing SIP 

provides for implementation, 

maintenance, and enforcement of these 

four NAAQS (infrastructure SIP or iSIP). These i-SIPs ensure that the 

Oklahoma SIP is adequate to meet the 

State’s responsibilities under the Act, 

including the CAA requirements for 

interstate transport of Pb and NO2

emissions. 

DATES: Written comments must be 

received on or before October 20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2012–0812, at http:// 


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